SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Right to Know Act''.

SEC. 2. NOTICE REQUIREMENTS FOR LARGE PENSION PLANS SIGNIFICANTLY
              REDUCING FUTURE PENSION BENEFIT ACCRUALS.

    (a) Plan Requirement.--Section 401(a) of the Internal Revenue Code
of 1986 (relating to qualified pension, profit-sharing, and stock bonus
plans) is amended by inserting after paragraph (34) the following new
paragraph:
            ``(35) Notice requirements for large defined benefit plans
        significantly reducing future benefit accruals.--
                    ``(A) In general.--If a large defined benefit plan
                adopts an amendment which has the effect of
                significantly reducing the rate of future benefit
                accrual of 1 or more participants, a trust which is
                part of such plan shall not constitute a qualified
                trust under this section unless, after adoption of such
                amendment and not less than 15 days before its
                effective date, the plan administrator provides--
                            ``(i) a written statement of benefit change
                        described in subparagraph (B) to each
                        applicable individual, and
                            ``(ii) a written notice setting forth the
                        plan amendment and its effective date to each
                        employee organization representing participants
                        in the plan.
                Any such notice may be provided to a person designated,
                in writing, by the person to which it would otherwise
                be provided. The plan administrator shall not be
                treated as failing to meet the requirements of this
                subparagraph merely because the statement or notice is
                provided before the adoption of the plan amendment if
                no material modification of the amendment occurs before
                the amendment is adopted.
                    ``(B) Statement of benefit change.--A statement of
                benefit change described in this subparagraph shall--
                            ``(i) be written in a manner calculated to
                        be understood by the average plan participant,
                        and
                            ``(ii) include the information described in
                        subparagraph (C).
                    ``(C) Information contained in statement of benefit
                change.--The information described in this subparagraph
                includes the following:
                            ``(i) Notice setting forth the plan
                        amendment and its effective date.
                            ``(ii) A comparison of the following
                        amounts under the plan with respect to an
                        applicable individual, determined both with and
                        without regard to the plan amendment:
                                    ``(I) The accrued benefit and the
                                present value of the accrued benefit as
                                of the effective date.
                                    ``(II) The projected accrued
                                benefit and the projected present value
                                of the accrued benefit as of the date
                                which is 3 years, 5 years, and 10 years
                                from the effective date and as of the
                                normal retirement age.
                            ``(iii) A table of all annuity factors used
                        to calculate benefits under the plan, presented
                        in the form provided in section 72 and the
                        regulations thereunder.
                Benefits described in clause (ii) shall be stated
                separately and shall be calculated by using the
                applicable mortality table and the applicable interest
                rate under section 417(e)(3)(A).
                    ``(D) Large defined benefit plan; applicable
                individual.--For purposes of this paragraph--
                            ``(i) Large defined benefit plan.--The term
                        `large defined benefit plan' means any defined
                        benefit plan which had 1,000 or more
                        participants who had accrued a benefit under
                        the plan (whether or not vested) as of the last
                        day of the plan year preceding the plan year in
                        which the plan amendment becomes effective.
                            ``(ii) Applicable individual.--The term
                        `applicable individual' means--
                                    ``(I) each participant in the plan,
                                and
                                    ``(II) each beneficiary who is an
                                alternate payee (within the meaning of
                                section 414(p)(8)) under an applicable
                                qualified domestic relations order
                                (within the meaning of section
                                414(p)(1)(A)).
                    ``(E) Accrued benefit; projected retirement
                benefit.--For purposes of this paragraph--
                            ``(i) Present value of accrued benefit.--
                        The present value of an accrued benefit of any
                        applicable individual shall be calculated as if
                        the accrued benefit were in the form of a
                        single life annuity commencing at the
                        participant's normal retirement age (and by
                        taking into account any early retirement
                        subsidy).
                            ``(ii) Projected accrued benefit.--
                                    ``(I) In general.--The projected
                                accrued benefit of any applicable
                                individual shall be calculated as if
                                the benefit were payable in the form of
                                a single life annuity commencing at the
                                participant's normal retirement age
                                (and by taking into account any early
                                retirement subsidy).
                                    ``(II) Compensation and other
                                assumptions.--Such benefit shall be
                                calculated by assuming that
                                compensation and all other benefit
                                factors would increase for each plan
                                year beginning after the effective date
                                of the plan amendment at a rate equal
                                to the median average of the CPI
                                increase percentage (as defined in
                                section 215(i) of the Social Security
                                Act) for the 5 calendar years
                                immediately preceding the calendar year
                                before the calendar year in which such
                                effective date occurs.
                                    ``(III) Benefit factors.--For
                                purposes of subclause (II), the term
                                `benefit factors' means social security
                                benefits and all other relevant factors
                                under section 411(b)(1)(A) used to
                                compute benefits under the plan which
                                had increased from the 2d plan year
                                preceding the plan year in which the
                                effective date of the plan amendment
                                occurs to the 1st such preceding plan
                                year.
                            ``(iii) Normal retirement age.--The term
                        `normal retirement age' means the later of--
                                    ``(I) the date determined under
                                section 411(a)(8), or
                                    ``(II) the date a plan participant
                                attains age 62.''
    (b) Amendments to ERISA.--
            (1) Benefit statement requirement.--Section 204(h) of the
        Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1054(h)) is amended by adding at the end the following new
        paragraphs:
            ``(3)(A) If paragraph (1) applies to the adoption of a plan
        amendment by a large defined benefit plan, the plan
        administrator shall, after adoption of such amendment and not
        less than 15 days before its effective date, provide with the
        notice under paragraph (1) a written statement of benefit
        change described in subparagraph (B) to each applicable
        individual.
            ``(B) A statement of benefit change described in this
        subparagraph shall--
                    ``(i) be written in a manner calculated to be
                understood by the average plan participant, and
                    ``(ii) include the information described in
                subparagraph (C).
            ``(C) The information described in this subparagraph
        includes the following:
                    ``(i) A comparison of the following amounts under
                the plan with respect to an applicable individual,
                determined both with and without regard to the plan
                amendment:
                            ``(I) The accrued benefit and the present
                        value of the accrued benefit as of the
                        effective date.
                            ``(II) The projected accrued benefit and
                        the projected present value of the accrued
                        benefit as of the date which is 3 years, 5
                        years, and 10 years from the effective date and
                        as of the normal retirement age.
                    ``(ii) A table of all annuity factors used to
                calculate benefits under the plan, presented in the
                form provided in section 72 of the Internal Revenue
                Code of 1986 and the regulations thereunder.
        Benefits described in clause (i) shall be stated separately and
        shall be calculated by using the applicable mortality table and
        the applicable interest rate under section 417(e)(3)(A) of such
        Code.
            ``(D) For purposes of this paragraph--
                    ``(i) The term `large defined benefit plan' means
                any defined benefit plan which had 1,000 or more
                participants who had accrued a benefit under the plan
                (whether or not vested) as of the last day of the plan
                year preceding the plan year in which the plan
                amendment becomes effective.
                    ``(ii) The term `applicable individual' means an
                individual described in subparagraph (A) or (B) of
                paragraph (1).
            ``(E) For purposes of this paragraph--
                    ``(i) The present value of an accrued benefit of
                any applicable individual shall be calculated as if the
                accrued benefit were in the form of a single life
                annuity commencing at the participant's normal
                retirement age (and by taking into account any early
                retirement subsidy).
                    ``(ii)(I) The projected accrued benefit of any
                applicable individual shall be calculated as if the
                benefit were payable in the form of a single life
                annuity commencing at the participant's normal
                retirement age (and by taking into account any early
                retirement subsidy).
                    ``(II) Such benefit shall be calculated by assuming
                that compensation and all other benefit factors would
                increase for each plan year beginning after the
                effective date of the plan amendment at a rate equal to
                the median average of the CPI increase percentage (as
                defined in section 215(i) of the Social Security Act)
                for the 5 calendar years immediately preceding the
                calendar year before the calendar year in which such
                effective date occurs.
                    ``(III) For purposes of subclause (II), the term
                `benefit factors' means social security benefits and
                all other relevant factors under section 204(b)(1)(A)
                used to compute benefits under the plan which had
                increased from the 2d plan year preceding the plan year
                in which the effective date of the plan amendment
                occurs to the 1st such preceding plan year.
                    ``(iii) The term `normal retirement age' means the
                later of--
                            ``(I) the date determined under section
                        3(24), or
                            ``(II) the date a plan participant attains
                        age 62.
            ``(4) A plan administrator shall not be treated as failing
        to meet the requirements of this subsection merely because the
        notice or statement is provided before the adoption of the plan
        amendment if no material modification of the amendment occurs
        before the amendment is adopted.''
            (2) Conforming amendment.--Section 204(h)(1) of such Act
        (29 U.S.C. 1054(h)(1)) is amended by inserting ``(including any
        written statement of benefit change if required by paragraph
        (3))'' after ``written notice''.
    (c) Effective Dates.--
            (1) In general.--The amendments made by this section shall
        apply to plan amendments taking effect in plan years beginning
        on or after the earlier of--
                    (A) the later of--
                            (i) January 1, 1999, or
                            (ii) the date on which the last of the
                        collective bargaining agreements pursuant to
                        which the plan is maintained terminates
                        (determined without regard to any extension
                        thereof after the date of the enactment of this
                        Act), or
                    (B) January 1, 2001.
            (2) Exception where notice given.--The amendments made by
        this section shall not apply to any plan amendment for which
        written notice was given to participants or their
        representatives before March 17, 1999, without regard to
        whether the amendment was adopted before such date.
            (3) Special rule.--The period for providing any notice
        required by, or any notice the contents of which are changed
        by, the amendments made by this Act shall not end before the
        date which is 6 months after the date of the enactment of this
        Act.

Summary: Pension Right to Know Act - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to set forth notice requirements for large pension plans which significantly reduce future benefit accruals.

Pension Right to Know Act


SECTION 1. FINDINGS.

    The Congress finds as follows:
            (1) The over reliance of the United States on imported
        petroleum creates a major strategic vulnerability for the
        Nation, with nearly half of the energy supply of the United
        States dependent on foreign sources.
            (2) From the economically damaging Arab oil embargoes of
        1973-74 and 1979 to the recession precipitated by rising oil
        prices which began in 1999, to the stock market's instability
        in early 2005 due to the cost of imported oil at near record
        highs of $55 per barrel, the economic stability of the United
        States has too often been shaken by economic forces outside its
        borders.
            (3) Increasing fuel prices have been a particular hardship
        on small, independent businesses particularly truckers and
        farmers, who have no choice but to pay ever-increasing fuel
        bills while absorbing these higher costs in today's economic
        environment.
            (4) This Act would help shift America's dependence away
        from foreign petroleum as an energy source toward alternative,
        renewable, domestic agricultural sources. Its aim is to convert
        the current petroleum trade deficit to a trade balance by
        replacing foreign sources of supply with steady increases of
        biobased fuels through domestic production.
            (5) Today, there are nearly 140,000,000 cars and 85,000,000
        trucks on our highways. Of this amount, approximately 3,300,000
        cars and trucks already on our highways will run on 85 percent
        ethanol (E-85), and this number is increasing. For the 2005
        model year, there are 20 different models of vehicles capable
        of running on E-85. Yet given this market, the alternative fuel
        is used less than 1 percent of the time given that of the more
        than 187,000 retail locations selling motor fuel in the United
        States, only 400 stations across 38 States sell E-85.
            (6) Biodiesel production is also dramatically increasing,
        going from 5,000,000 gallons in 2001 to nearly 25,000,000
        gallons in 2003. Daimler-Chrysler has also announced its
        intentions to initially fuel the Diesel Jeep Liberty with a 5
        percent biodiesel blend, the first time a vehicle has been
        explicitly fueled with an alternative fuel as it rolls off the
        production line.
            (7) Currently the United States annually consumes about
        7,171,885,000 barrels of petroleum. (164,000,000,000 gallons of
        vehicle fuels and 5,600,00,000 gallons of heating oil.) In
        2002, 62 percent of these fuels were imported, part of a total
        $358,200,000,000 trade deficit with the rest of the world.
        Since 1983, the United States importation of petroleum and its
        derivatives has more than tripled, rising from 1,215,225,000
        barrels in 1983 to 4,476,501,000 barrels in 2003.
            (8) Further Strategic Petroleum Reserve policy should
        encourage domestic production to the greatest extent possible.
        Currently, the Strategic Petroleum Reserve holds 670,700,000
        barrels (out of a potential 727,000,000 barrels), sufficient to
        cushion the United States from wild price swings for a period
        of 53 days. None of the fuel in this Reserve is bio-based. In
        fact, 92.2 percent of the Strategic Petroleum Reserve has been
        purchased from foreign sources--41.9 percent from Mexico, 24
        percent from the United Kingdom, and over 20 percent from OPEC
        nations.
            (9) Strategic Petroleum Reserve policy also should
        encourage the development of alternatives to the Nation's
        reliance on petroleum such as biomass fuels.
            (10) As a first step in diversification, the Strategic
        Petroleum Reserve should exchange 2,100,000 barrels from our
        current reserves for 32,000,000 gallons of ethanol and
        biodiesel, which could comprise less than 2 percent of the
        United States market, but yield a doubling of ethanol products.
            (11) The benefits of biofuels are as follows:
                    (A) Energy security.--
                            (i) Biofuels hold potential to address our
                        dependence on foreign energy sources
                        immediately. With agricultural surpluses,
                        commodity prices have reached record lows;
                        concurrently world petroleum prices have
                        reached record highs and are expected to
                        continue rising as global petroleum reserves
                        are drawn down over the next 25 years. It also
                        is clear that economic conditions are favorable
                        to utilize domestic surpluses of biobased oils
                        to enhance the Nation's energy security.
                            (ii) In the short term, biofuels can supply
                        at least one-fifth of current United States
                        fuel demand using existing technologies and
                        capabilities. Additional plant research, newer
                        processing and distribution technologies, and
                        placing additional acres under cultivation can
                        yield even greater results.
                            (iii) Biofuels can be used with existing
                        petroleum infrastructure and conventional
                        equipment.
                    (B) Economic security.--
                            (i) Continued dependence upon imported
                        sources of oil means our Nation is
                        strategically vulnerable to disruptions in our
                        oil supply.
                            (ii) Renewable biofuels domestically
                        produced directly replace imported oil.
                            (iii) Increased use of renewable biofuels
                        would result in significant economic benefits
                        to rural and urban areas and also reduce the
                        trade deficit.
                            (iv) According to the Department of
                        Agriculture, a sustained annual market of
                        100,000,000 gallons of biodiesel alone would
                        result in $170,000,000 in increased income to
                        farmers.
                            (v) Farmer-owned biofuels production has
                        already resulted in improved income for
                        farmers, as evidenced by the experience with
                        State-supported rural development efforts in
                        Minnesota where prices to corn producers have
                        been increased by $1.00 per bushel. With the
                        Department of Agriculture having forecast
                        prices of $2.10 per bushel of corn for the
                        2004-2005 marketing year, the portion of the
                        corn crop that goes for ethanol has a farm
                        value of $2,100,000,000.
                    (C) Environmental security.--
                            (i) The use of grain-based ethanol reduces
                        greenhouse gas emissions from 35 to 46 percent
                        compared with conventional gasoline. Biomass
                        ethanol provides an even greater reduction.
                            (ii) The American Lung Association of
                        Metropolitan Chicago credits ethanol-blended
                        reformulated gasoline with reducing smog-
                        forming emissions by 25 percent since 1990.
                            (iii) Ethanol reduces tailpipe carbon
                        monoxide emissions by as much as 30 percent.
                            (iv) Ethanol reduces exhaust volatile
                        organic compounds emissions by 12 percent.
                            (v) Ethanol reduces toxic emissions by 30
                        percent.
                            (vi) Ethanol reduces particulate emissions,
                        especially fine-particulates that pose a health
                        threat to children, senior citizens, and those
                        with respiratory ailments.
                            (vii) Biodiesel contains no sulfur or
                        aromatics associated with air pollution.
                            (viii) The use of biodiesel provides a 78.5
                        percent reduction in CO<INF>2</INF> emissions
                        compared to petroleum diesel and when burned in
                        a conventional engine provides a substantial
                        reduction of unburned hydrocarbons, carbon
                        monoxide, and particulate matter.

SEC. 2. ETHANOL AND BIODIESEL FUEL REQUIREMENTS.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended as
follows:
            (1) By redesignating subsection (o) as subsection (q).
            (2) By inserting after subsection (n) the following:
    ``(o) Renewable Fuel Program--
            ``(1) Definitions.--In this section:
                    ``(A) Ethanol.--The term `ethanol' means ethanol
                derived from any lignocellulosic or hemicellulosic
                matter that is available on a renewable or recurring
                basis, including dedicated energy crops and trees, wood
                and wood residues, plants, grasses, agricultural
                residues, and fibers. The term includes ethanol derived
                from animal wastes, including poultry fats and poultry
                wastes, and other waste materials, or municipal solid
                waste.
                    ``(B) Biodiesel.--The term `biodiesel'has the same
                meaning as when used in section 312(f) of the Energy
                Policy Act of 1992 (42 U.S.C. 13220(f)).
            ``(2) Renewable fuel program.--Not later than 1 year after
        the enactment of this subsection, the Administrator shall
        promulgate regulations ensuring that, after December 31, 2010,
        all gasoline or diesel motor vehicle fuel sold or dispensed to
        consumers in the contiguous United States, on an annual average
        basis, contains not less than 10 percent ethanol, in the case
        of gasoline, and not less than 5 percent biodiesel, in the case
        of diesel fuel.''.

Summary: Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations ensuring that after December 31, 2010, all gasoline or diesel motor vehicle fuel sold or dispensed in the contiguous United States contains not less than ten percent ethanol and not less than five percent biodiesel .

To amend the Clean Air Act to require that, after the year 2010, all gasoline sold in the United States for motor vehicles contain not less than 10 percent ethanol and that all diesel fuel sold in the United States for motor vehicles contain not less than 5 percent biodiesel, and for other purposes.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Trade
Commission Reauthorization Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Independent litigation authority.
Sec. 4. Specialized administrative law judges.
Sec. 5. Civil penalties for violations of the Federal Trade Commission
                            Act.
Sec. 6. Application of Federal Trade Commission Act to tax-exempt
                            organizations.
Sec. 7. Aiding and abetting a violation.
Sec. 8. Permissive administrative procedure for consumer protection
                            rules.
Sec. 9. Rulemaking procedure for subprime lending mortgages and
                            nontraditional mortgage loans.
Sec. 10. Harmonizing FTC rules with banking agency rulemaking.
Sec. 11. Enforcement by State attorneys general.
Sec. 12. Harmonization of national do-not-call registry and effect on
                            State laws.
Sec. 13. FTC study of alcoholic beverage marketing practices.
Sec. 14. Common carrier exception.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    The text of section 25 of the Federal Trade Commission Act (15
U.S.C. 57c) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to carry
out the functions, powers, and duties of the Commission--
            ``(1) $264,000,000 for fiscal year 2009;
            ``(2) $290,400,000 for fiscal year 2010;
            ``(3) $319,400,000 for fiscal year 2011;
            ``(4) $351,400,000 for fiscal year 2012;
            ``(5) $386,500,000 for fiscal year 2013;
            ``(6) $425,200,000 for fiscal year 2014; and
            ``(7) $467,700,000 for fiscal year 2015.
    ``(b) Litigation and Internet Commerce Technology.--There are
authorized to be appropriated to the Commission $20,000,000 for each of
fiscal years 2009 through 2015 to be used by the Commission to improve
technology in support of the Commission's competition and consumer
protection missions.
    ``(c) International Technical Assistance.--From amounts
appropriated pursuant to subsection (a), the Commission may spend up to
$10,000,000 for each of fiscal years 2009 through 2015 to continue and
enhance its provision of international technical assistance with
respect to foreign consumer protection and competition regimes.''.

SEC. 3. INDEPENDENT LITIGATION AUTHORITY.

    Section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a))
is amended--
            (1) by striking paragraph (1) and inserting ``(1) The
        Commission may commence, defend, or intervene in, and supervise
        the litigation of any civil action involving this Act
        (including an action to collect a civil penalty) and any appeal
        of such action in its own name by any of its attorneys
        designated by it for such purpose. The Commission shall notify
        the Attorney General of any such action and may consult with
        the Attorney General with respect to any such action or request
        the Attorney General on behalf of the Commission to commence,
        defend, or intervene in any such action.'';
            (2) by striking subparagraph (A) of paragraph (3) and
        inserting ``(A) The Commission may represent itself through any
        of its attorneys designated by it for such purpose before the
        Supreme Court in any civil action in which the Commission
        represented itself pursuant to paragraph (1) or (2) or may
        request the Attorney General to represent the Commission before
        the Supreme Court in any such action.''; and
            (3) by striking paragraph (4) and redesignating paragraph
        (5) as paragraph (4).

SEC. 4. SPECIALIZED ADMINISTRATIVE LAW JUDGES.

    (a) In General.--In appointing administrative law judges under
section 3105 of title 5, United States Code, to conduct hearings and
render initial decisions in formal adjudicative matters before it, the
Federal Trade Commission may give preference to administrative law
judges who have experience with antitrust or trade regulation
litigation and who are familiar with the kinds of economic analysis
associated with such litigation.
    (b) Details.--If the Commission asks the Office of Personnel
Management to assign an administrative law judge under section 3344 of
title 5, United States Code, to conduct a hearing or render an initial
decision in a formal adjudicative matter before it, the Commission may
request the assignment of an administrative law judge who has
experience with antitrust or trade regulation litigation and is
familiar with the kinds of economic analysis associated with such
litigation and the Office of Personnel Management shall comply with the
request to the maximum extent feasible.

SEC. 5. CIVIL PENALTIES FOR VIOLATIONS OF THE FEDERAL TRADE COMMISSION
              ACT.

    Section 5(m)(1)(A) of the Federal Trade Commission Act (15 U.S.C.
45(m)(1)(A)) is amended--
            (1) by inserting ``this Act, or'' after ``violates'' the
        first place it appears; and
            (2) by inserting ``a violation of this Act or such act is''
        after ``such act is''.

SEC. 6. APPLICATION OF FEDERAL TRADE COMMISSION ACT TO TAX-EXEMPT
              ORGANIZATIONS.

    Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is
amended by striking ``members.'' in the second full paragraph and
inserting ``members, and includes an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt from
taxation under section 501(a) of such Code.''.

SEC. 7. AIDING AND ABETTING A VIOLATION.

    Section 10 of the Federal Trade Commission Act (15 U.S.C. 50) is
amended by adding at the end thereof the following:
    ``It is unlawful for any person to aid or abet another in violating
any provision of this Act or any other Act enforceable by the
Commission.''.

SEC. 8. PERMISSIVE ADMINISTRATIVE PROCEDURE FOR CONSUMER PROTECTION
              RULES.

    (a) In General.--Section 18 of the Federal Trade Commission Act (15
U.S.C. 57a) is amended by adding at the end thereof the following:
    ``(k) Alternative Rulemaking Procedure.--The Commission may, by
majority vote of the full Commission, dispense with the requirements of
other provisions of this section and of section 22 of this Act with
respect to rulemaking involving a consumer protection matter (as
determined by the Commission). If the Commission dispenses with such
requirements with respect to such a rulemaking, it shall conduct such
rulemaking in accordance with section 553 of title 5, United States
Code, and in such case the provisions for judicial review of rules
promulgated under section 553 of title 5 shall apply.''.

SEC. 9. RULEMAKING PROCEDURE FOR SUBPRIME LENDING MORTGAGES AND
              NONTRADITIONAL MORTGAGE LOANS.

    Section 18 of the Federal Trade Commission Act (15 U.S.C. 57a), as
amended by section 8, is further amended by adding at the end thereof
the following:
    ``(l) Special Rule for Certain Mortgage-Related Rulemakings.--
Notwithstanding any other provision of this section, section 22 of this
Act, or any other provision of law, the Commission shall conduct
rulemaking proceedings with respect to subprime mortgage lending and
nontraditional mortgage loans in accordance with section 553 of title
5, United States Code, and the provisions for judicial review of rules
promulgated under section 553 of title 5 shall apply.''.

SEC. 10. HARMONIZING FTC RULES WITH BANKING AGENCY RULEMAKING.

    (a) In General.--The second sentence of section 18(f)(1) of the
Federal Trade Commission Act (15 U.S.C. 57a(f)(1)) is amended--
            (1) by striking ``The Board of Governors of the Federal
        Reserve System (with respect to banks) and the Federal Home
        Loan Bank Board (with respect to savings and loan institutions
        described in paragraph (3))'' and inserting ``Each Federal
        banking agency (with respect to the depository institutions
        each such agency supervises)''; and
            (2) by inserting ``in consultation with the Commission''
        after ``shall prescribe regulations''.
    (b) FTC Concurrent Rulemaking.--Section 18(f)(1) of such Act is
further amended by inserting after the second sentence the following:
``Such regulations shall be prescribed jointly by such agencies to the
extent practicable. Notwithstanding any other provision of this
section, whenever such agencies commence such a rulemaking proceeding,
the Commission, with respect to the entities within its jurisdiction
under this Act, may commence a rulemaking proceeding and prescribe
regulations in accordance with section 553 of title 5, United States
Code. If the Commission commences such a rulemaking proceeding, the
Commission, the Federal banking agencies, and the National Credit Union
Administration Board shall consult and coordinate with each other so
that the regulations prescribed by each such agency are consistent with
and comparable to the regulations prescribed by each other such agency
to the extent practicable.''.
    (c) GAO Study and Report.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General shall transmit to
Congress a report on the status of regulations of the Federal banking
agencies and the National Credit Union Administration regarding unfair
and deceptive acts or practices by the depository institutions.
    (d) Technical and Conforming Amendments.--Section 18(f) of the
Federal Trade Commission Act (15 U.S.C. 57a(f)) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``banks or savings and loan
                institutions described in paragraph (3), each agency
                specified in paragraph (2) or (3) of this subsection
                shall establish'' and inserting ``depository
                institutions and Federal credit unions, the Federal
                banking agencies and the National Credit Union
                Administration Board shall each establish''; and
                    (B) by striking ``banks or savings and loan
                institutions described in paragraph (3), subject to its
                jurisdiction'' before the period and inserting
                ``depository institutions or Federal credit unions
                subject to the jurisdiction of such agency or Board'';
            (2) in the sixth sentence of paragraph (1) (as amended by
        subsection (b))--
                    (A) by striking ``each such Board'' and inserting
                ``each such banking agency and the National Credit
                Union Administration Board'';
                    (B) by striking ``banks or savings and loan
                institutions described in paragraph (3)'' each place
                such term appears and inserting ``depository
                institutions subject to the jurisdiction of such
                agency'';
                    (C) by striking ``(A) any such Board'' and
                inserting ``(A) any such Federal banking agency or the
                National Credit Union Administration Board''; and
                    (D) by striking ``with respect to banks, savings
                and loan institutions'' and inserting ``with respect to
                depository institutions'';
            (3) by adding at the end of paragraph (1) the following new
        sentence: ``For purposes of this subsection, the terms `Federal
        banking agency' and `depository institution' have the same
        meaning as in section 3 of the Federal Deposit Insurance
        Act.'';
            (4) in paragraph (2)(C), by inserting ``than'' after
        ``(other'';
            (5) in paragraph (3), by inserting ``by the Director of the
        Office of Thrift Supervision'' before the period at the end;
            (6) in paragraph (4), by inserting ``by the National Credit
        Union Administration'' before the period at the end; and
            (7) in paragraph (6), by striking ``the Board of Governors
        of the Federal Reserve System'' and inserting ``any Federal
        banking agency or the National Credit Union Administration
        Board''.

SEC. 11. ENFORCEMENT BY STATE ATTORNEYS GENERAL

    (a) In General.--Except as provided in subsection (f), a State, as
parens patriae, may bring a civil action on behalf of its residents in
an appropriate State or district court of the United States to enforce
the provisions of the Federal Trade Commission Act or any other Act
enforced by the Federal Trade Commission to obtain penalties and relief
provided under such Acts whenever the attorney general of the State has
reason to believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a violation of a
subprime mortgage lending rule or a nontraditional mortgage loan rule
promulgated by the Federal Trade Commission.
    (b) Notice.--The State shall serve written notice to the Commission
of any civil action under subsection (a) at least 60 days prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide notice immediately upon instituting such civil action.
    (c) Intervention by FTC.--Upon receiving the notice required by
subsection (b), the Commission may intervene in such civil action and
upon intervening--
            (1) be heard on all matters arising in such civil action;
            (2) remove the action to the appropriate United States
        district court; and
            (3) file petitions for appeal of a decision in such civil
        action.
    (d) Savings Clause.--Nothing in this section shall prevent the
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence. Nothing
in this section shall prohibit the attorney general of a State, or
other authorized State officer, from proceeding in State or Federal
court on the basis of an alleged violation of any civil or criminal
statute of that State.
    (e) Venue; Service of Process; Joinder.--In a civil action brought
under subsection (a)--
            (1) the venue shall be a judicial district in which the
        lender or a related party operates or is authorized to do
        business;
            (2) process may be served without regard to the territorial
        limits of the district or of the State in which the civil
        action is instituted; and
            (3) a person who participated with a lender or related
        party to an alleged violation that is being litigated in the
        civil action may be joined in the civil action without regard
        to the residence of the person.
    (f) Preemptive Action by FTC.--Whenever a civil action or an
administrative action has been instituted by or on behalf of the
Commission for violation of any rule described under (a), no State may,
during the pendency of such action instituted by or on behalf of the
Commission, institute a civil action under subsection (a) against any
defendant named in the complaint in such action for violation of any
rule as alleged in such complaint.
    (g) Award of Costs and Fees.--If the attorney general of a State
prevails in any civil action under subsection (a), the State can
recover reasonable costs and attorney fees from the lender or related
party.

SEC. 12. HARMONIZATION OF NATIONAL DO-NOT-CALL REGISTRY AND EFFECT ON
              STATE LAWS.

    (a) Amendment of the Telemarketing and Consumer Fraud and Abuse
Prevention Act.--Section 5 of the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6105) is amended by adding at the end
thereof the following:
    ``(d) State Laws Not Preempted.--Nothing in this Act or the Do-Not-
Call Implementation Act (15 U.S.C. 6101 note) preempts any State law
that imposes more restrictive requirements on intrastate or interstate
telemarketing to telephone numbers on a do-not-call registry maintained
by that State.''.
    (b) Conforming Amendment.--Section 227(e)(1) of the Communications
Act of 1934 (47 U.S.C. 227(e)(1)) is amended by inserting ``interstate
or'' after ``restrictive''.

SEC. 13. FTC STUDY OF ALCOHOLIC BEVERAGE MARKETING PRACTICES.

    Within 2 years after the Federal Trade Commission completes its
study entitled Self-Regulation in the Alcohol Industry and every 2
years thereafter, the Commission shall transmit a report to the
Congress on advertising and marketing practices for alcoholic
beverages, together with such recommendations, including legislative
recommendations, as the Commission deems appropriate. In preparing the
report, the Commission shall consider information contained in reports
by the Secretary of Health and Human services under section 519B of the
Public Health Service Act (42 U.S.C. 290bb-25b), and shall include, to
the extent feasible, data on measured and unmeasured media by brand and
type of beverage, and data on expenditures for slotting and
discounting.

SEC. 14. COMMON CARRIER EXCEPTION.

    Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is
amended by striking the paragraph containing the definition of the term
``Acts to regulate commerce'' and inserting the following:
    ```Acts to regulate commerce' means subtitle IV of title 49, United
States Code, and all Acts amendatory thereof and supplementary
thereto.''.

Summary: Federal Trade Commission Reauthorization Act of 2008 - Amends the Federal Trade Commission Act to authorize appropriations to carry out the powers and duties of the Federal Trade Commission (FTC) and to improve technology regarding the FTC's competition and consumer protection missions. Authorizes the FTC to directly handle civil actions under the Act or to request the Attorney General do so. Allows the FTC to give appointment preference to administrative judges with antitrust or trade regulation litigation and related economic analysis experience. Permits the FTC to commence a civil action to recover civil penalties in a district court for any violation of the Act. Permits the FTC to enforce the Act against nonprofit organizations. Authorizes the FTC to operate under general federal law rulemaking and judicial review provisions instead of under rulemaking provisions of the Act. Requires that the FTC, notwithstanding any other provision of law, conduct rulemaking proceedings regarding subprime mortgage lending and nontraditional mortgage loans in accordance with such general rulemaking and judicial review provisions. Transfers to each federal banking agency, with respect to depository institutions, the authority to prescribe regulations governing unfair or deceptive practices by banks and savings and loan institutions currently vested in the Board of Governors of the Federal Reserve System and the Federal Home Loan Bank Board . Allows a state, except during an FTC action, to bring an action to enforce the Act or any other Act enforced by the FTC regarding violation of an FTC subprime mortgage lending or nontraditional mortgage loan rule. Amends the Telemarketing and Consumer Fraud and Abuse Prevention Act to state that more restrictive state laws are not preempted. Provides for an FTC study of alcoholic beverage marketing. Amends the Federal Trade Commission Act to remove references to the Communications Act of 1934 from the definition of Acts to regulate commerce.

A bill to reauthorize the Federal Trade Commission, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Pain Relief Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) cancer is a progressive, degenerative, and often
        painful disease that afflicts one out of every four persons in
        the United States and is the second leading cause of death;
            (2) in the progression of terminal cancer, a significant
        number of patients experience levels of intense and intractable
        pain that cannot be effectively treated by presently available
        medication;
            (3) the effect of such pain often leads to a severe
        deterioration in the quality of life of the patient and
        heartbreak for the family of the patient;
            (4) the therapeutic use of parenteral diacetylmorphine is
        not permitted in the United States but extensive clinical
        research has demonstrated that the drug is a potent, highly
        soluble painkilling drug when properly formulated and
        administered under the supervision of a physician;
            (5) it is in the public interest to make parenteral
        diacetylmorphine available to patients through controlled
        channels as a drug for the relief of intractable pain due to
        terminal cancer;
            (6) diacetylmorphine is successfully used in Great Britain
        and other countries for relief of pain due to cancer;
            (7) the availability of parenteral diacetylmorphine for the
        limited purposes of controlling intractable pain due to
        terminal cancer will not adversely affect the abuse of illicit
        drugs or increase the incidence of pharmacy thefts;
            (8) the availability of parenteral diacetylmorphine will
        enhance the ability of physicians to effectively treat and
        control intractable pain due to terminal cancer; and
            (9) it is appropriate for the Federal Government to
        establish a temporary program to permit the use of
        pharmaceutical dosage forms of parenteral diacetylmorphine for
        the control of intractable pain due to terminal cancer.

SEC. 3. PARENTERAL DIACETYLMORPHINE PROGRAM.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following new part:

                  ``Part N--Compassionate Pain Relief

``SEC. 399G. PARENTERAL DIACETYLMORPHINE.

    ``(a) Regulations.--
            ``(1) In general.--Not later than three months after the
        date of the enactment of this part, the Secretary shall issue
        regulations establishing a program (referred to in this section
        as the `program') under which parenteral diacetylmorphine may
        be dispensed from pharmacies for the relief of intractable pain
        due to terminal cancer.
            ``(2) Terminal cancer.--For purposes of this section, an
        individual shall be considered to have terminal cancer if there
        is histologic evidence of a malignancy in the individual and
        the cancer of the individual is generally recognized as a
        cancer with a high and predictable mortality.
    ``(b) Manufacturing.--Regulations established under this section
shall provide that manufacturers of parenteral diacetylmorphine for
dispensing under the program shall use adequate methods of, and
adequate facilities and controls for, the manufacturing, processing,
and packing of such drug to preserve the identity, strength, quality,
and purity of the drug.
    ``(c) Availability to Pharmacies.--
            ``(1) Requirements.--Regulations established under this
        section shall require that parenteral diacetylmorphine be made
        available only to pharmacies that--
                    ``(A) are hospital pharmacies or such other
                pharmacies as the regulations specify;
                    ``(B) are registered under section 302 of the
                Controlled Substances Act (21 U.S.C. 822);
                    ``(C) meet such qualifications as the regulations
                specify; and
                    ``(D) submit an application in accordance with
                paragraph (2).
            ``(2) Application.--An application for parenteral
        diacetylmorphine shall--
                    ``(A) be in such form and submitted in such manner
                as the Secretary may prescribe; and
                    ``(B) contain assurances satisfactory to the
                Secretary that--
                            ``(i) the applicant will comply with such
                        special requirements as the Secretary may
                        prescribe respecting the storage and dispensing
                        of parenteral diacetylmorphine; and
                            ``(ii) parenteral diacetylmorphine provided
                        under the application will be dispensed through
                        the applicant upon the written prescription of
                        a physician registered under section 302 of the
                        Controlled Substances Act (21 U.S.C. 822) to
                        dispense controlled substances in schedule II
                        of such Act (21 U.S.C. 812(2)).
            ``(3) Intent of congress.--It is the intent of Congress
        that--
                    ``(A) the Secretary shall primarily utilize
                hospital pharmacies for the dispensing of parenteral
                diacetylmorphine under the program; and
                    ``(B) the Secretary may distribute parenteral
                diacetylmorphine through pharmacies other than hospital
                pharmacies in cases in which humanitarian concerns
                necessitate the provision of parenteral
                diacetylmorphine, a significant need is shown for such
                provision, and adequate protection is available against
                the diversion of parenteral diacetylmorphine.
    ``(d) Illicit Diversion.--Regulations established by the Secretary
under this section shall be designed to protect against the diversion
into illicit channels of parenteral diacetylmorphine distributed under
the program.
    ``(e) Prescription by Physicians.--Regulations established under
this section shall--
            ``(1) require that parenteral diacetylmorphine be dispensed
        only to an individual in accordance with the written
        prescription of a physician;
            ``(2) provide that a physician registered under section 302
        of the Controlled Substances Act (21 U.S.C. 822) may prescribe
        parenteral diacetylmorphine for individuals for the relief of
        intractable pain due to terminal cancer;
            ``(3) provide that any such prescription shall be in
        writing; and
            ``(4) specify such other criteria for the prescription as
        the Secretary may determine to be appropriate.
    ``(f) Federal Food, Drug, and Cosmetic Act.--The Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and titles II and III of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 801 et seq. and 951 et seq.) shall not apply with respect to--
            ``(1) the importing of opium;
            ``(2) the manufacture of parenteral diacetylmorphine; and
            ``(3) the distribution and dispensing of parenteral
        diacetylmorphine,
in accordance with the program.
    ``(g) Reports.--
            ``(1) By the secretary.--
                    ``(A) Implementation and activities.--
                            ``(i) Implementation.--Not later than 2
                        months after the date of the enactment of this
                        part and every third month thereafter until the
                        program is established under subsection (a),
                        the Secretary shall prepare and submit to the
                        Committee on Energy and Commerce of the House
                        of Representatives and the Committee on Labor
                        and Human Resources of the Senate a report
                        containing information on the activities
                        undertaken to implement the program.
                            ``(ii) Activities.--Not later than 1 year
                        after the date the program is established under
                        subsection (a) and annually thereafter until
                        the program is terminated under subsection (h),
                        the Secretary shall prepare and submit to the
                        committees described in clause (i) a report
                        containing information on the activities under
                        the program during the period for which the
                        report is submitted.
                    ``(B) Pain management.--Not later than 6 months
                after the date of the enactment of this part, the
                Secretary shall prepare and submit to the Committee on
                Energy and Commerce of the House of Representatives and
                the Committee on Labor and Human Resources of the
                Senate a report that--
                            ``(i) describes the extent of research
                        activities on the management of pain that have
                        received funds through the National Institutes
                        of Health;
                            ``(ii) describes the ways in which the
                        Federal Government supports the training of
                        health personnel in pain management; and
                            ``(iii) contains recommendations for
                        expanding and improving the training of health
                        personnel in pain management.
            ``(2) By the comptroller general.--Not later than 56 months
        after the date on which the program is established under
        subsection (a), the Comptroller General of the United States
        shall prepare and submit to the committees referred to in
        paragraph (1)(A)(i) a report containing information on the
        activities conducted under the program during such 56-month
        period.
    ``(h) Termination and Modification.--
            ``(1) In general.--The Secretary may at any time later than
        6 months after the date on which the program is established
        under subsection (a), modify the regulations required by
        subsection (a) or terminate the program if in the judgment of
        the Secretary the program is no longer needed or if
        modifications or termination are needed to prevent substantial
        diversion of the diacetylmorphine.
            ``(2) Final termination.--The program shall terminate 60
        months after the date the program is established under
        subsection (a).''.

Summary: Compassionate Pain Relief Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a 60-month program under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of pain from terminal cancer . States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium. And (2) the manufacture, distribution, and dispensing of parenteral diacetylmorphine. Requires the Secretary to report to specified congressional committees concerning: (1) program-related activities. And (2) activities related to the management of pain. Permits the Secretary at any time six months after implementation of the program to modify or terminate the program if: (1) the program is no longer needed. Or (2) modifications or termination are needed to prevent substantial diversion of the diacetylmorphine.

Compassionate Pain Relief Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Republic of the Marshall Islands
Supplemental Nuclear Compensation Act of 2011''.

SEC. 2. CONTINUED MONITORING ON RUNIT ISLAND.

    Section 103(f)(1) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921b(f)(1)) is amended--
            (1) by striking ``Notwithstanding'' and inserting the
        following:
                    ``(A) In general.--Notwithstanding''; and
            (2) by adding at the end the following:
                    ``(B) Continued monitoring on runit island.--
                            ``(i) Cactus crater containment and
                        groundwater monitoring.--Effective beginning
                        January 1, 2008, the Secretary of Energy shall,
                        as a part of the Marshall Islands program
                        conducted under subparagraph (A), periodically
                        (but not less frequently than every 4 years)
                        conduct--
                                    ``(I) a visual study of the
                                concrete exterior of the Cactus Crater
                                containment structure on Runit Island;
                                and
                                    ``(II) a radiochemical analysis of
                                the groundwater surrounding and in the
                                Cactus Crater containment structure on
                                Runit Island.
                            ``(ii) Report.--The Secretary shall submit
                        to the Committee on Energy and Natural
                        Resources of the Senate, and the Committee on
                        Natural Resources of the House of
                        Representatives, a report that contains--
                                    ``(I) a description of--
                                            ``(aa) the results of each
                                        visual survey conducted under
                                        clause (i)(I); and
                                            ``(bb) the results of the
                                        radiochemical analysis
                                        conducted under clause (i)(II);
                                        and
                                    ``(II) a determination on whether
                                the surveys and analyses indicate any
                                significant change in the health risks
                                to the people of Enewetak from the
                                contaminants within the Cactus Crater
                                containment structure.
                            ``(iii) Funding for groundwater
                        monitoring.--The Secretary of the Interior
                        shall make available to the Department of
                        Energy, Marshall Islands Program, from funds
                        available for the Technical Assistance Program
                        of the Office of Insular Affairs, the amounts
                        necessary to conduct the radiochemical analysis
                        of groundwater under clause(i)(II).''.

SEC. 3. CLARIFICATION OF ELIGIBILITY UNDER ENERGY EMPLOYEES
              OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000.

    (a) Definitions for Program Administration.--Section 3621 of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384l) is amended by adding at the end the following:
            ``(18) The terms `covered employee', `atomic weapons
        employee', and `Department of Energy contractor employee' (as
        defined in paragraphs (1), (3), and (11), respectively) include
        a citizen or national of the Republic of the Marshall Islands
        or the Federated States of Micronesia who is otherwise covered
        by that paragraph.''.
    (b) Definition of Covered DOE Contractor Employee.--Section 3671(1)
of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385s(1)) is amended by inserting before the period
at the end the following: ``, including a citizen or national of the
Republic of the Marshall Islands or the Federated States of Micronesia
who is otherwise covered by this paragraph''.
    (c) Offset of Benefits With Respect to the Compact of Free
Association.--Subtitle C of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by
inserting after section 3653 (42 U.S.C. 7385j-2) the following:

``SEC. 3654. OFFSET OF BENEFITS WITH RESPECT TO THE COMPACT OF FREE
              ASSOCIATION.

    ``An individual who has been awarded compensation under this title,
and who has also received compensation benefits under the Compact of
Free Association between the United States and the Republic of the
Marshall Islands (48 U.S.C. 1681 et seq.) (referred to in this section
as the `Compact of Free Association'), by reason of the same illness,
shall receive the compensation awarded under this title reduced by the
amount of any compensation benefits received under the Compact of Free
Association, other than medical benefits and benefits for vocational
rehabilitation that the individual received by reason of the illness,
after deducting the reasonable costs (as determined by the Secretary)
of obtaining those benefits under the Compact of Free Association.''.

SEC. 4. SUPPLEMENTAL HEALTH CARE GRANT.

    Section 103(h) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(h)) is amended by adding at the end the
following:
            ``(4) Supplemental health care grant.--
                    ``(A) In general.--In addition to amounts provided
                under section 211 of the U.S.-RMI Compact (48 U.S.C.
                1921 note), the Secretary of the Interior shall provide
                to the Republic of the Marshall Islands an annual
                supplemental health care grant in the amount made
                available under subparagraph (D)--
                            ``(i)(I) to provide enhanced primary health
                        care, with an emphasis on providing regular
                        screenings for radiogenic illnesses by
                        upgrading existing services or by providing
                        quarterly medical field team visits, as
                        appropriate, in each of Enewetak, Bikini,
                        Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho,
                        Wotje, and Ujelang Atolls, which were affected
                        by the nuclear testing program of the United
                        States; and
                            ``(II) to enhance the capabilities of the
                        Marshall Islands to provide secondary treatment
                        for radiogenic illness; and
                            ``(ii) to construct and operate a whole-
                        body counting facility on Utrik Atoll.
                    ``(B) Conditions on health care grants.--To ensure
                the effective use of grants funds under clause (i) of
                subparagraph (A), the Secretary of the Interior, after
                consultation with the Republic of the Marshall Islands,
                may establish additional conditions on the provision of
                grants under that clause.
                    ``(C) Memorandum of agreement.--To meet the
                objectives of clause (ii) of subparagraph (A), the
                Secretary of the Interior, the Secretary of Energy, and
                the Government of the Republic of the Marshall Islands
                shall enter into a memorandum of agreement setting
                forth the terms, conditions, and respective
                responsibilities of the parties to the memorandum of
                agreement in carrying out that clause.
                    ``(D) Funding.--As authorized by section 105(c),
                there is appropriated to the Secretary of the Interior,
                out of funds in the Treasury not otherwise
                appropriated, to carry out this paragraph $4,500,000
                for each of fiscal years 2009 through 2023, as adjusted
                for inflation in accordance with section 218 of the
                U.S.-RMI Compact, to remain available until
                expended.''.

SEC. 5. ASSESSMENT OF HEALTH CARE NEEDS OF THE MARSHALL ISLANDS.

    (a) In General.--The Secretary of the Interior shall enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct an assessment of the health
impacts of the United States nuclear testing program conducted in the
Republic of the Marshall Islands on the residents of the Republic of
the Marshall Islands.
    (b) Report.--On completion of the assessment under subsection (a),
the National Academy of Sciences shall submit to Congress, the
Secretary, the Committee on Energy and Natural Resources of the Senate,
and the Committee on Natural Resources of the House of Representatives,
a report on the results of the assessment.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.

Summary: Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2011 - Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of Energy (DOE) to periodically conduct: (1) a visual study of the concrete exterior of the Cactus Crater containment structure on Runit Island, and (2) a radiochemical analysis of the groundwater surrounding and in the Cactus Crater containment structure on Runit Island. Makes specified funds available to conduct such radiochemical groundwater analysis. Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include a citizen or national of the Republic of the Marshall Islands or the Federated States of Micronesia within the definitions of covered employee, atomic weapons employee, and Department of Energy contractor employee. Reduces compensation awarded to an individual under such Act who also received compensation under the Compact of Free Association between the United States and the Republic of the Marshall Islands for the same illness by any compensation received under such Compact, other than medical benefits and benefits for vocational rehabilitation that the individual received by reason of the illness, after deducting the reasonable costs of obtaining those benefits. Amends the Compact of Free Association Amendments Act of 2003 to direct the Secretary of the Interior to provide to the Republic of the Marshall Islands an annual supplemental health care grant to: (1) provide enhanced primary health care, with an emphasis on providing regular screenings for radiogenic illnesses by upgrading existing services or by providing quarterly medical field team visits in Enewetak, Bikini, Rongelap, Utrik, Ailuk, Mejit, Likiep, Wotho, Wotje, and Ujelang Atolls, which were affected by the US nuclear testing program. (2) enhance the capabilities of the Marshall Islands to provide secondary treatment for radiogenic illness. And (3) operate a whole-body counting facility on Utrik Atoll. Provides for a National Academy of Sciences assessment of the US nuclear testing program's health impacts on the residents of the Republic of the Marshall Islands.

A bill to provide supplemental ex gratia compensation to the Republic of the Marshall Islands for impacts of the nuclear testing programs of the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Dual Eligible Prescription
Drug Coverage Act of 2005''.

SEC. 2. FINDINGS.

    The Senate finds the following:
            (1) Individuals who are dually eligible for benefits under
        the medicare program and full benefits under the medicaid
        program--
                    (A) are among the most vulnerable populations in
                our society; and
                    (B) require adequate outreach, education, and
                timing in order to adjust to changes in our health care
                delivery system.
            (2) The transition of 6,400,000 dual eligibles from
        prescription drug coverage under the medicaid program to
        prescription drug coverage under part D of the medicare program
        is the largest transition ever of individuals from one
        insurance program to another.
            (3) In its June 2004 report to Congress, the Medicare
        Payment Advisory Commission (MedPAC) suggested that large,
        private employers with 75,000 employees or less need at least 6
        months to transition their employees' drug coverage from one
        pharmacy benefit management company to another such company.
        The States and the Federal Government are taking on a far more
        complex task with 6,400,000 dual eligibles having to make the
        transition described in paragraph (2).
            (4) Timely access to prescription drugs leads to higher
        quality of life and prevents avoidable emergency room visits,
        hospitalizations, and premature nursing home placements.
            (5) Since even a short-term gap in prescription drug
        coverage could have serious health consequences for dual
        eligibles, Congress must work to guarantee as smooth a
        transition as possible for dual eligibles so that no dual
        eligible is without prescription drug coverage even for one
        day.

SEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG
              COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6
              MONTHS.

    (a) Six-Month Transition.--For prescriptions filled during the
period beginning on January 1, 2006, and ending on June 30, 2006,
section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall
not apply and, notwithstanding any other provision of law, a State (as
defined for purposes of title XIX of such Act) shall continue to
provide (and receive Federal financial participation for) medical
assistance under such title with respect to prescription drugs as if
such section 1935(d) had not been enacted.
    (b) Application.--
            (1) Medicare as primary payer.--Nothing in subsection (a)
        shall be construed as changing or affecting the primary payer
        status of a prescription drug plan or an MA-PD plan under part
        D of title XVIII of the Social Security Act with respect to
        prescription drugs furnished to any full-benefit dual eligible
        individual (as defined in section 1935(c)(6) of such Act (42
        U.S.C. 1396u-5(c)(6)) during the 6-month period described in
        such subsection.
            (2) Third party liability.--Nothing in subsection (a) shall
        be construed as limiting the authority or responsibility of a
        State under section 1902(a)(25) of the Social Security Act (42
        U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription
        drug plan, an MA-PD plan, or any other third party, of the
        costs incurred by the State in providing prescription drug
        coverage described in such subsection.

SEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS.

    Notwithstanding section 1935(c) of the Social Security Act (42
U.S.C. 1396u-5(c)), a State or the District of Columbia shall not be
required to provide for a payment under such section to the Secretary
of Health and Human Services for any month prior to July 1, 2006.

SEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION
              DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL
              ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE.

    (a) MMA Amounts.--Notwithstanding any other provision of law, of
the amounts appropriated for the Centers for Medicare & Medicaid
Services under section 1015(a)(1) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2446), the following rules shall apply:
            (1) Education and outreach to duals.--$100,000,000 shall be
        used to provide education and outreach, including through one-
        on-one counseling and application assistance, to full-benefit
        dual eligible individuals (as defined in section 1935(c)(6) of
        the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding
        prescription drug coverage under part D of title XVIII of such
        Act. Of such amount--
                    (A) at least $20,000,000 (but in no case more than
                $50,000,000) shall be used to award grants to States
                under section 4360 of the Omnibus Budget Reconciliation
                Act of 1990 (42 U.S.C. 1395b-4) to provide such
                education and outreach; and
                    (B) the remaining amount shall be used to provide
                funding to community-based organizations that work with
                full-benefit dual eligible individuals (as so defined)
                in order to provide such education and outreach.
            (2) Monitoring impact on duals.--
                    (A) In general.--$50,000,000 shall be used by the
                Centers for Medicare & Medicaid Services, in
                consultation with the Centers for Disease Control and
                Prevention, the Administration on Aging, and the Social
                Security Administration, to develop and implement a
                standardized protocol to collect data from health
                departments and other sources in 10 representative
                urban and rural communities on the impact of the
                transition of full benefit dual eligible individuals
                (as so defined) from prescription drug coverage under
                the medicaid program to prescription drug coverage
                under part D of the medicare program. Such protocol
                shall be implemented by not later than July 1, 2005.
                    (B) Monitoring.--The protocol developed under
                subparagraph (A) shall include for the monitoring of
                the following information with respect to such full
                benefit dual eligible individuals:
                            (i) Emergency room visit rates.
                            (ii) Hospitalization rates.
                            (iii) Nursing home placement rates.
                            (iv) Deaths.
                    (C) Collection by pdps and ma-pds.--The protocol
                developed under subparagraph (A) shall require that
                such data be collected by the prescription drug plans
                and the MA-PDs in which the individuals are enrolled
                and include information on race and ethnicity.
                    (D) Reports.--Not later than January 1, 2006, and
                July 1, 2006, the Administrator of the Centers for
                Medicare & Medicaid Services, in consultation with the
                Centers for Disease Control and Prevention, the
                Administration on Aging, and the Social Security
                Administration, shall submit a report to Congress on
                the implementation of the protocol under subparagraph
                (A).
    (b) New Amounts.--There are appropriated to the Secretary of Health
and Human Services, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, for fiscal year 2005 and each subsequent fiscal year, an
amount not to exceed $50,000,000 (or if greater, an amount equal to $1
multiplied by the number of individuals entitled to benefits under part
A of title XVIII of the Social Security Act or enrolled under part B of
such title for the year) in order to award grants to States under
section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 1395b-4).
    (c) Extension of Availability of Amounts Appropriated Under MMA.--
Section 1015(b) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is
amended by striking ``September 30, 2005'' and inserting ``September
30, 2006''.

SEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA.

    (a) In General.--Section 1860D-42 of the Social Security Act (42
U.S.C. 1395w-152) is amended by adding at the end the following new
subsection:
    ``(c) Collection and Sharing of Dual Eligible Drug Utilization
Data.--
            ``(1) Plan requirement.--A PDP sponsor of a prescription
        drug plan and an MA organization offering an MA-PD plan shall
        submit to the Secretary such information regarding the drug
        utilization of enrollees in such plans who are full-benefit
        dual eligible individuals (as defined in section 1935(c)(6)) as
        the Secretary determines appropriate to carry out paragraph
        (2).
            ``(2) Collection and sharing of data.--The Secretary shall
        collect data on the drug utilization of full-benefit dual
        eligible individuals (as so defined). The Secretary shall share
        such data with the States and the District of Columbia in as
        close to a real-time basis as possible.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 101(a) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2071).

SEC. 7. GAO STUDY ON THE CLAWBACK FORMULA.

    (a) Study.--
            (1) In general.--The Comptroller General of the United
        States shall conduct a study on the clawback formula contained
        in section 1935(c) of the Social Security Act (42 U.S.C. 1396u-
        5(c)), as added by section 103(b) of the Medicare Prescription
        Drug, Improvement, and Modernization Act of 2003 (Public Law
        108-173; 117 Stat. 2155).
            (2) Requirements.--The study conducted under paragraph (1)
        shall include a full examination of--
                    (A) disincentives for States to enroll full-benefit
                dual eligible individuals (as defined in section
                1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-
                5(c)(6))) in the medicaid program or part D of title
                XVIII of the Social Security Act;
                    (B) the 6-month delay in States receiving rebate
                data;
                    (C) the prescription drug cost containment measures
                implemented by States after 2003; and
                    (D) issues relating to States having to pay more
                for prescription drug coverage for full benefit dual
                eligible individuals (as so defined) than they
                otherwise would have if the Medicare Prescription Drug,
                Improvement, and Modernization Act of 2003 (Public Law
                108-173; 117 Stat. 2066 et seq.) had not been enacted.
    (b) Report.--Not later than April 1, 2006, the Comptroller General
of the United States shall submit to Congress a report on the study
conducted under subsection (a) together with such recommendations as
the Comptroller General determines appropriate.

Summary: Medicare Dual Eligible Prescription Drug Coverage Act of 2005 - Provides that, for prescriptions filled between January 1 and June 30, 2006, requirements for the coordination of prescription drug benefits with Medicare as primary payor for dual eligible individuals under the new prescription drug benefit program (PDP) under Medicare part E shall not apply. Requires a State to continue to provide Medicaid medical assistance with respect to prescription drugs as if such coordination requirements had not been enacted. Declares that no State or the District of Columbia shall be required to pay (reimburse) the Secretary of Health and Human Services for Medicaid prescription drug costs for dual eligible individuals for any month before July 1, 2006. Earmarks specified amounts for education and outreach to dual eligibles regarding prescription drug coverage and monitoring of their transition to prescription drug coverage under Medicare. Requires a PDP sponsor and an MA organization offering an MA-PD plan to submit to the Secretary appropriate information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals. Directs the Secretary to collect data on the drug utilization of full-benefit dual eligible individuals and share it with the States and District of Columbia in as close to a real-time basis as possible. Directs the Comptroller General of the United States to study and report to Congress on the clawback formula.

To continue State coverage of Medicaid prescription drug coverage to Medicare dual eligible beneficiaries for 6 months while still allowing the Medicare part D benefit to be implemented as scheduled.


SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Since 2011, the terrorist group now known as the
        Islamic State in Iraq and the Levant (ISIL), has rapidly
        expanded, now possessing greater funding, more personnel, and
        heavier weapons than any other terrorist force.
            (2) ISIL has threatened to continue attacking United States
        persons and interests and has an apocalyptic vision for a
        larger confrontation with the United States and its allies in
        the Middle East.
            (3) According to the United States intelligence community,
        approximately 20,000 to 30,000 ISIL fighters operate in Iraq
        and Syria, an estimated 3,000 of which are believed to have
        western passports.
            (4) ISIL finances itself through looting, smuggling, taxes,
        oil sales, kidnapping, and human trafficking.
            (5) According to United States officials, ISIL captured
        approximately 1,500 Humvees, a number of other modern armored
        vehicles and transport trucks, over 50 long-range Global
        Positioning System (GPS)-guided artillery pieces, a substantial
        number of artillery shells, a large quantity of small arms,
        approximately 4,000 heavy machine guns, and other weapons from
        the Iraqi Security Forces in June 2014, and has also reportedly
        captured a number of other weapons and vehicles from Bashar al-
        Assad's forces in Syria.
            (6) The rapidly deteriorating humanitarian situation in
        Iraq caused by ISIL advances in Iraq and Syria has resulted in
        approximately 1,500,000 refugees and internally displaced
        people from Syria and Iraq taking refuge in the Iraqi Kurdistan
        region. The Kurdistan Regional Government is facing a
        humanitarian and budget crisis while defending itself from
        ISIL.
            (7) The Kurdistan Regional Government (KRG) is the
        democratically elected government of the Kurdistan Region in
        Iraq, and Iraqi Kurds have been a reliable and stable partner
        of the United States.
            (8) The Iraqi constitution guarantees the right of Iraqi
        regions, such as Iraqi Kurdistan, to maintain ``internal
        security forces for the region such as police, security forces,
        and guards of the region''.
            (9) The Kurdish Peshmerga forces are officially organized
        under the Ministry of Peshmerga Affairs and commanded by the
        Minister of Peshmerga, who reports to the President of the
        Kurdistan Regional Government.
            (10) ISIL has positioned its forces along a 650-mile border
        with the Kurdistan Regional Government's Peshmerga forces.
            (11) ISIL has employed captured armored vehicles, long-
        range artillery, and heavy weapons in attacking thinly
        stretched Kurdish forces along the border.
            (12) United States airstrikes against ISIL targets have
        helped stall the terrorist organization's advance on territory
        held by Kurdish forces, but have not proven to be militarily
        decisive against ISIL.
            (13) The United States and its allies have provided the
        resupply of various small arms and training to Peshmerga forces
        since June 2014.
            (14) Such resupply efforts, to comply with United States
        law, must be approved and coordinated through the Government of
        Iraq. In the initial phase of the resupply effort, the
        Government of Iraq constrained and delayed the emergency supply
        of weapons to the Kurdistan Regional Government.
            (15) The Peshmerga forces lack battle-ready armored
        vehicles and the ability to take significant offensive action
        against ISIL forces, leading to requests for such assistance.
            (16) Armored vehicles, anti-armor weapons, long-range
        artillery, and other weapons are consistent with the Kurdistan
        Regional Government's constitutional right to defend itself
        against the clear and present danger posed by ISIL.
            (17) A strong Peshmerga force is essential to countering
        the ISIL threat to Iraq, the region, and United States
        interests.
            (18) The longer ISIL's sanctuary remains largely
        unchallenged, the more time it will have to reinforce its
        positions, and plan attacks against United States interests.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) defeating the Islamic State in Iraq and the Levant
        (ISIL) is critical to maintaining a unified Iraq in which all
        faiths and ethnicities are afforded equal protection and full
        integration into the Iraqi government and society;
            (2) the people of Kurdistan face an urgent and deadly
        threat from ISIL which the Iraqi Security Forces, of which the
        Peshmerga are a component, are currently unable to match in
        armaments;
            (3) any outstanding issues between the Government of Iraq
        and the Kurdistan Regional Government should be resolved by the
        two parties expeditiously to allow for a resumption of normal
        relations; and
            (4) ISIL's recent advances and continued growth present an
        imminent threat to Iraqi Kurdistan, the rest of Iraq and the
        Middle East, and international security.

SEC. 3. STATEMENT OF POLICY.

    It shall be the policy of the United States to directly provide the
Kurdistan Regional Government with advanced conventional weapons,
training, and defense services, on an emergency and temporary basis, to
more effectively partner with the United States and other international
coalition members to defeat the Islamic State in Iraq and the Levant
(ISIL).

SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE
              SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN
              REGIONAL GOVERNMENT.

    (a) In General.--The President should consult with the Government
of Iraq in carrying out the authority provided in subsection (b).
    (b) Authorization.--
            (1) Military assistance.--The President is authorized to
        provide defense articles, defense services, and related
        training directly to the Kurdistan Regional Government for the
        purpose of supporting international coalition efforts against
        the Islamic State in Iraq and the Levant (ISIL) or any
        successor group.
            (2) Defense exports.--The President is authorized to issue
        licenses authorizing United States exporters to export defense
        articles, defense services, and related training directly to
        the Kurdistan Regional Government. For purposes of processing
        applications for such export licenses, the President is
        authorized to accept End Use Certificates approved by the
        Kurdistan Regional Government.
            (3) Types of assistance.--Assistance authorized under
        paragraph (1) and exports authorized under paragraph (2) may
        include anti-tank and anti-armor weapons, armored vehicles,
        long-range artillery, crew-served weapons and ammunition,
        secure command and communications equipment, body armor,
        helmets, logistics equipment, excess defense articles and other
        military assistance that the President determines to be
        appropriate.
    (c) Relationship to Existing Authorities; Conditions of
Eligibility.--
            (1) Relationship to existing authorities.--Assistance
        authorized under subsection (b)(1) and licenses for exports
        authorized under subsection (b)(2) shall be provided pursuant
        to the applicable provisions of the Arms Export Control Act (22
        U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22
        U.S.C. 2151 et seq.), notwithstanding any requirement in such
        applicable provisions of law that a recipient of assistance of
        the type authorized under subsection (b)(1) shall be a country
        or international organization.
            (2) Conditions of eligibility.--In addition to such other
        provisions as the President may require, no defense article,
        defense service, or related training may be provided to the
        Kurdistan Regional Government under the authority of subsection
        (b)(1) or (b)(2) unless the Kurdistan Regional Government
        agrees that--
                    (A) it will not provide any such defense article,
                defense service, or related training to anyone who is
                not an officer, employee, or agent of the Kurdistan
                Regional Government, and
                    (B) it will not use or permit the use of any such
                defense article, defense service, or related training
                for purposes other than the purposes for which it was
                provided,
        unless the consent of the President has first been obtained.
    (d) Report.--
            (1) In general.--Not later than 60 days after the date of
        the enactment of this Act, the President shall submit to the
        appropriate congressional committees a report on the following:
                    (A) The anticipated defense articles, defense
                services, and related training to be provided under the
                authority of subsections (b)(1) and (b)(2).
                    (B) A timeline for the provision of such defense
                articles, defense services, and related training.
                    (C) A description of mechanisms and procedures for
                end-use monitoring of such defense articles, defense
                services, and related training.
                    (D) How such defense articles, defense services,
                and related training would contribute to the foreign
                policy and national security of the United States, as
                well as impact security in the region.
            (2) Definition.--In this subsection, the term ``appropriate
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee
                on Appropriations, and the Committee on Armed Services
                of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the
                Committee on Appropriations, and the Committee on Armed
                Services of the Senate.
    (e) Notification.--The President should provide notification to the
Government of Iraq prior to defense articles, defense services, or
related training being provided to the Kurdistan Regional Government
under the authority of subsection (b)(1) or (b)(2).
    (f) Definitions.--In this section, the terms ``defense article'',
``defense service'', and ``training'' have the meanings given those
terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
    (g) Termination.--The authority to provide defense articles,
defense services, and related training under subsection (b)(1) and the
authority to issue licenses for exports authorized under subsection
(b)(2) shall terminate on the date that is 3 years after the date of
the enactment of this Act.

Summary: Expresses the sense of Congress that: defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society. The people of Kurdistan face a deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments. Any outstanding issues between the government of Iraq and the Kurdistan Regional government (KRG) should be resolved expeditiously to allow for a resumption of normal relations. And ISIL's continued growth presents an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG to support international coalition efforts against ISIL or any successor group. And (2) issue licenses authorizing US exporters to export defense articles, defense services, and related training directly to the KRG. Prohibits the provision of any defense article, service, or related training to the KRG under this Act unless the KRG agrees that it will not: provide any such defense article, service, or training to anyone who is not a KRG officer, employee, or agent. Or use or permit the use of any such defense article, service, or training for purposes other than those for which it was provided, unless the President's consent has been obtained.

To authorize the direct provision of defense articles, defense services, and related training to the Kurdistan Regional Government, and for other purposes.