SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Drug Savings Act of 2017''.

SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS
              DISPENSED TO LOW-INCOME INDIVIDUALS.

    (a) In General.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102) is amended--
            (1) in subsection (e)(1), in the matter preceding
        subparagraph (A), by inserting ``and subsection (f)'' after
        ``this subsection''; and
            (2) by adding at the end the following new subsection:
    ``(f) Prescription Drug Rebate Agreement for Rebate Eligible
Individuals.--
            ``(1) Requirement.--
                    ``(A) In general.--For plan years beginning on or
                after January 1, 2019, in this part, the term `covered
                part D drug' does not include any drug or biological
                product that is manufactured by a manufacturer that has
                not entered into and have in effect a rebate agreement
                described in paragraph (2).
                    ``(B) 2018 plan year requirement.--Any drug or
                biological product manufactured by a manufacturer that
                declines to enter into a rebate agreement described in
                paragraph (2) for the period beginning on January 1,
                2018, and ending on December 31, 2018, shall not be
                included as a `covered part D drug' for the subsequent
                plan year.
            ``(2) Rebate agreement.--A rebate agreement under this
        subsection shall require the manufacturer to provide to the
        Secretary a rebate for each rebate period (as defined in
        paragraph (6)(B)) ending after December 31, 2017, in the amount
        specified in paragraph (3) for any covered part D drug of the
        manufacturer dispensed after December 31, 2017, to any rebate
        eligible individual (as defined in paragraph (6)(A)) for which
        payment was made by a PDP sponsor or MA organization under this
        part for such period, including payments passed through the
        low-income and reinsurance subsidies under sections 1860D-14
        and 1860D-15(b), respectively. Such rebate shall be paid by the
        manufacturer to the Secretary not later than 30 days after the
        date of receipt of the information described in section 1860D-
        12(b)(7), including as such section is applied under section
        1857(f)(3), or 30 days after the receipt of information under
        subparagraph (D) of paragraph (3), as determined by the
        Secretary. Insofar as not inconsistent with this subsection,
        the Secretary shall establish terms and conditions of such
        agreement relating to compliance, penalties, and program
        evaluations, investigations, and audits that are similar to the
        terms and conditions for rebate agreements under paragraphs (3)
        and (4) of section 1927(b).
            ``(3) Rebate for rebate eligible medicare drug plan
        enrollees.--
                    ``(A) In general.--The amount of the rebate
                specified under this paragraph for a manufacturer for a
                rebate period, with respect to each dosage form and
                strength of any covered part D drug provided by such
                manufacturer and dispensed to a rebate eligible
                individual, shall be equal to the product of--
                            ``(i) the total number of units of such
                        dosage form and strength of the drug so
                        provided and dispensed for which payment was
                        made by a PDP sponsor or an MA organization
                        under this part for the rebate period,
                        including payments passed through the low-
                        income and reinsurance subsidies under sections
                        1860D-14 and 1860D-15(b), respectively; and
                            ``(ii) the amount (if any) by which--
                                    ``(I) the Medicaid rebate amount
                                (as defined in subparagraph (B)) for
                                such form, strength, and period,
                                exceeds
                                    ``(II) the average Medicare drug
                                program rebate eligible rebate amount
                                (as defined in subparagraph (C)) for
                                such form, strength, and period.
                    ``(B) Medicaid rebate amount.--For purposes of this
                paragraph, the term `Medicaid rebate amount' means,
                with respect to each dosage form and strength of a
                covered part D drug provided by the manufacturer for a
                rebate period--
                            ``(i) in the case of a single source drug
                        or an innovator multiple source drug, the
                        amount specified in paragraph (1)(A)(ii)(II) or
                        (2)(C) of section 1927(c) plus the amount, if
                        any, specified in subparagraph (A)(ii) of
                        paragraph (2) of such section, for such form,
                        strength, and period; or
                            ``(ii) in the case of any other covered
                        outpatient drug, the amount specified in
                        paragraph (3)(A)(i) of such section for such
                        form, strength, and period.
                    ``(C) Average medicare drug program rebate eligible
                rebate amount.--For purposes of this subsection, the
                term `average Medicare drug program rebate eligible
                rebate amount' means, with respect to each dosage form
                and strength of a covered part D drug provided by a
                manufacturer for a rebate period, the sum, for all PDP
                sponsors under part D and MA organizations
                administering an MA-PD plan under part C, of--
                            ``(i) the product, for each such sponsor or
                        organization, of--
                                    ``(I) the sum of all rebates,
                                discounts, or other price concessions
                                (not taking into account any rebate
                                provided under paragraph (2) or any
                                discounts under the program under
                                section 1860D-14A) for such dosage form
                                and strength of the drug dispensed,
                                calculated on a per-unit basis, but
                                only to the extent that any such
                                rebate, discount, or other price
                                concession applies equally to drugs
                                dispensed to rebate eligible Medicare
                                drug plan enrollees and drugs dispensed
                                to PDP and MA-PD enrollees who are not
                                rebate eligible individuals; and
                                    ``(II) the number of the units of
                                such dosage and strength of the drug
                                dispensed during the rebate period to
                                rebate eligible individuals enrolled in
                                the prescription drug plans
                                administered by the PDP sponsor or the
                                MA-PD plans administered by the MA
                                organization; divided by
                            ``(ii) the total number of units of such
                        dosage and strength of the drug dispensed
                        during the rebate period to rebate eligible
                        individuals enrolled in all prescription drug
                        plans administered by PDP sponsors and all MA-
                        PD plans administered by MA organizations.
                    ``(D) Use of estimates.--The Secretary may
                establish a methodology for estimating the average
                Medicare drug program rebate eligible rebate amounts
                for each rebate period based on bid and utilization
                information under this part and may use these estimates
                as the basis for determining the rebates under this
                section. If the Secretary elects to estimate the
                average Medicare drug program rebate eligible rebate
                amounts, the Secretary shall establish a reconciliation
                process for adjusting manufacturer rebate payments not
                later than 3 months after the date that manufacturers
                receive the information collected under section 1860D-
                12(b)(7)(B).
            ``(4) Length of agreement.--The provisions of paragraph (4)
        of section 1927(b) (other than clauses (iv) and (v) of
        subparagraph (B)) shall apply to rebate agreements under this
        subsection in the same manner as such paragraph applies to a
        rebate agreement under such section.
            ``(5) Other terms and conditions.--The Secretary shall
        establish other terms and conditions of the rebate agreement
        under this subsection, including terms and conditions related
        to compliance, that are consistent with this subsection.
            ``(6) Definitions.--In this subsection and section 1860D-
        12(b)(7):
                    ``(A) Rebate eligible individual.--The term `rebate
                eligible individual' means--
                            ``(i) a subsidy eligible individual (as
                        defined in section 1860D-14(a)(3)(A));
                            ``(ii) a Medicaid beneficiary treated as a
                        subsidy eligible individual under clause (v) of
                        section 1860D-14(a)(3)(B); and
                            ``(iii) any part D eligible individual not
                        described in clause (i) or (ii) who is
                        determined for purposes of the State plan under
                        title XIX to be eligible for medical assistance
                        under clause (i), (iii), or (iv) of section
                        1902(a)(10)(E).
                    ``(B) Rebate period.--The term `rebate period' has
                the meaning given such term in section 1927(k)(8).''.
    (b) Reporting Requirement for the Determination and Payment of
Rebates by Manufacturers Related to Rebate for Rebate Eligible Medicare
Drug Plan Enrollees.--
            (1) Requirements for pdp sponsors.--Section 1860D-12(b) of
        the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
        adding at the end the following new paragraph:
            ``(7) Reporting requirement for the determination and
        payment of rebates by manufacturers related to rebate for
        rebate eligible medicare drug plan enrollees.--
                    ``(A) In general.--For purposes of the rebate under
                section 1860D-2(f) for contract years beginning on or
                after January 1, 2019, each contract entered into with
                a PDP sponsor under this part with respect to a
                prescription drug plan shall require that the sponsor
                comply with subparagraphs (B) and (C).
                    ``(B) Report form and contents.--Not later than a
                date specified by the Secretary, a PDP sponsor of a
                prescription drug plan under this part shall report to
                each manufacturer--
                            ``(i) information (by National Drug Code
                        number) on the total number of units of each
                        dosage, form, and strength of each drug of such
                        manufacturer dispensed to rebate eligible
                        Medicare drug plan enrollees under any
                        prescription drug plan operated by the PDP
                        sponsor during the rebate period;
                            ``(ii) information on the price discounts,
                        price concessions, and rebates for such drugs
                        for such form, strength, and period;
                            ``(iii) information on the extent to which
                        such price discounts, price concessions, and
                        rebates apply equally to rebate eligible
                        Medicare drug plan enrollees and PDP enrollees
                        who are not rebate eligible Medicare drug plan
                        enrollees; and
                            ``(iv) any additional information that the
                        Secretary determines is necessary to enable the
                        Secretary to calculate the average Medicare
                        drug program rebate eligible rebate amount (as
                        defined in paragraph (3)(C) of such section),
                        and to determine the amount of the rebate
                        required under this section, for such form,
                        strength, and period.
                Such report shall be in a form consistent with a
                standard reporting format established by the Secretary.
                    ``(C) Submission to secretary.--Each PDP sponsor
                shall promptly transmit a copy of the information
                reported under subparagraph (B) to the Secretary for
                the purpose of audit oversight and evaluation.
                    ``(D) Confidentiality of information.--The
                provisions of subparagraph (D) of section 1927(b)(3),
                relating to confidentiality of information, shall apply
                to information reported by PDP sponsors under this
                paragraph in the same manner that such provisions apply
                to information disclosed by manufacturers or
                wholesalers under such section, except--
                            ``(i) that any reference to `this section'
                        in clause (i) of such subparagraph shall be
                        treated as being a reference to this section;
                            ``(ii) the reference to the Director of the
                        Congressional Budget Office in clause (iii) of
                        such subparagraph shall be treated as including
                        a reference to the Medicare Payment Advisory
                        Commission; and
                            ``(iii) clause (iv) of such subparagraph
                        shall not apply.
                    ``(E) Oversight.--Information reported under this
                paragraph may be used by the Inspector General of the
                Department of Health and Human Services for the
                statutorily authorized purposes of audit,
                investigation, and evaluations.
                    ``(F) Penalties for failure to provide timely
                information and provision of false information.--In the
                case of a PDP sponsor--
                            ``(i) that fails to provide information
                        required under subparagraph (B) on a timely
                        basis, the sponsor is subject to a civil money
                        penalty in the amount of $10,000 for each day
                        in which such information has not been
                        provided; or
                            ``(ii) that knowingly (as defined in
                        section 1128A(i)) provides false information
                        under such subparagraph, the sponsor is subject
                        to a civil money penalty in an amount not to
                        exceed $100,000 for each item of false
                        information.
                Such civil money penalties are in addition to other
                penalties as may be prescribed by law. The provisions
                of section 1128A (other than subsections (a) and (b))
                shall apply to a civil money penalty under this
                subparagraph in the same manner as such provisions
                apply to a penalty or proceeding under section
                1128A(a).''.
            (2) Application to ma organizations.--Section 1857(f)(3) of
        the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended
        by adding at the end the following:
                    ``(D) Reporting requirement related to rebate for
                rebate eligible medicare drug plan enrollees.--Section
                1860D-12(b)(7).''.
    (c) Deposit of Rebates Into Medicare Prescription Drug Account.--
Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c))
is amended by adding at the end the following new paragraph:
            ``(6) Rebate for rebate eligible medicare drug plan
        enrollees.--Amounts paid under a rebate agreement under section
        1860D-2(f) shall be deposited into the Account.''.
    (d) Exclusion From Determination of Best Price and Average
Manufacturer Price Under Medicaid.--
            (1) Exclusion from best price determination.--Section
        1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C.
        1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts
        paid under a rebate agreement under section 1860D-2(f)'' after
        ``this section''.
            (2) Exclusion from average manufacturer price
        determination.--Section 1927(k)(1)(B)(i) of the Social Security
        Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended--
                    (A) in subclause (IV), by striking ``and'' after
                the semicolon;
                    (B) in subclause (V), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(VI) amounts paid under a rebate
                                agreement under section 1860D-2(f).''.

Summary: Medicare Drug Savings Act of 2017 This bill requires drug manufacturers to issue rebates to the Centers for Medicare amp, Medicaid Servicesnbsp. (CMS) for prescription drugs dispensed to eligible low-income individuals under the Medicare prescription drug benefit or a Medicare Advantage (MA) prescription drug plan (PDP). Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report,nbsp, both to drug manufacturers andnbsp. To the CMS, specified information related to the determination and payment of such rebates.

Medicare Drug Savings Act of 2017


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    This Act may be cited as the ``Credit Card Accountability
Responsibility and Disclosure Act of 2006'' or the ``Credit CARD Act of
2006''.

SEC. 2. REGULATORY AUTHORITY.

    The Board of Governors of the Federal Reserve System may issue such
rules or publish such model forms as it considers necessary to carry
out this Act and the amendments made by this Act, in accordance with
sections 105 and 122 of the Truth in Lending Act.

         TITLE I--REGULATIONS REGARDING CERTAIN RATES AND FEES

SEC. 101. PRIOR NOTICE OF RATE INCREASES REQUIRED.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following:
    ``(h) Advance Notice of Increase in Interest Rate Required.--
            ``(1) In general.--In the case of any credit card account
        under an open end consumer credit plan, no increase in any
        annual percentage rate of interest (other than an increase due
        to the expiration of any introductory percentage rate of
        interest, or due solely to a change in another rate of interest
        to which such rate is indexed)--
                    ``(A) may take effect before the beginning of the
                billing cycle which begins not less than 15 days after
                the obligor receives notice of such increase; or
                    ``(B) may apply to any outstanding balance of
                credit under such plan as of the date of the notice of
                the increase required under paragraph (1).
            ``(2) Notice of right to cancel.--The notice referred to in
        paragraph (1) with respect to an increase in any annual
        percentage rate of interest shall be made in a clear and
        conspicuous manner and shall contain a brief statement of the
        right of the obligor to cancel the account before the effective
        date of the increase.''.

SEC. 102. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (h) (as added by section 101 of this
title) the following new subsection:
    ``(i) Freeze on Interest Rate Terms and Fees on Canceled Cards.--If
an obligor referred to in subsection (h) closes or cancels a credit
card account before the beginning of the billing cycle referred to in
subsection (h)(1)--
            ``(1) an annual percentage rate of interest applicable
        after the cancellation with respect to the outstanding balance
        on the account as of the date of cancellation may not exceed
        any annual percentage rate of interest applicable with respect
        to such balance under the terms and conditions in effect before
        the date of the notice of any increase referred to in
        subsection (h)(1); and
            ``(2) the repayment of the outstanding balance after the
        cancellation shall be subject to all other terms and conditions
        applicable with respect to such account before the date of the
        notice of the increase referred to in subsection (h).''.

SEC. 103. LIMITS ON FINANCE AND INTEREST CHARGES FOR ON-TIME PAYMENTS.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (i) (as added by section 102 of this
title) the following new subsection:
    ``(j) Prohibition on Penalties for On-Time Payments.--
            ``(1) Prohibition on finance charges for on-time
        payments.--In the case of any credit card account under an open
        end credit plan, where no other balance is owing on the
        account, no finance or interest charge may be imposed with
        regard to any amount of a new extension of credit that was paid
        on or before the date on which it was due.
            ``(2) Prohibition on cancellation or additional fees for
        on-time payments or payment in full.--In the case of any credit
        card account under an open end consumer credit plan, no fee or
        other penalty may be imposed on the consumer in connection with
        the payment in full of an existing account balance, or payment
        of more than the minimum required payment of an existing
        account balance.''.

SEC. 104. PROHIBITION ON OVER-THE-LIMIT FEES FOR CREDITOR-APPROVED
              TRANSACTIONS.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (j) (as added by section 103 of this
title) the following new subsection:
    ``(k) Limitation on Imposition of Over-the-Limit Fees.--In the case
of any credit card account under an open end consumer credit plan, a
creditor may not impose any fees on the obligor for any extension of
credit in excess of the amount of credit authorized to be extended with
respect to such account, if the extension of credit is made in
connection with a credit transaction which the creditor approves in
advance or at the time of the transaction.''.

                TITLE II--ENHANCED CONSUMER DISCLOSURES

SEC. 201. PAYOFF TIMING DISCLOSURES.

    (a) In General.--Section 127(b) of the Truth in Lending Act (15
U.S.C. 1637(b)) is amended by adding at the end the following new
paragraph:
            ``(12) Repayment information.--
                    ``(A) In general.--Repayment information that would
                apply to the outstanding balance of the consumer under
                the credit plan, including--
                            ``(i) the outstanding balance in the
                        account at the beginning of the statement
                        period, as required by paragraph (1) of this
                        subsection;
                            ``(ii) the required minimum monthly payment
                        on that balance, represented as both a dollar
                        figure and as a percentage of that balance;
                            ``(iii) the grace period within which
                        payment must be made to avoid additional
                        charges, as required by paragraph (9) of this
                        subsection; and
                            ``(iv) the monthly payments amount that
                        would be required for the consumer to eliminate
                        the outstanding balance in 36 months if no
                        further advances are made.
                    ``(B) Applicable annual percentage rate.--
                            ``(i) In general.--Subject to clause (ii),
                        in making the disclosures under subparagraph
                        (A), the creditor shall apply the annual
                        percentage rate in effect on the date on which
                        the disclosure is made until the date on which
                        the balance would be paid in full.
                            ``(ii) Exception.--If the annual percentage
                        rate in effect on the date on which the
                        disclosure is made is a temporary rate that
                        will change under a contractual provision
                        applying an index or formula for subsequent
                        interest rate adjustment, the creditor shall
                        apply the rate in effect on the date on which
                        the disclosure is made for as long as that rate
                        will apply under that contractual provision,
                        and then apply an annual percentage rate based
                        on the index or formula in effect on the
                        applicable billing date.''.
    (b) Tabular Format Required for Disclosures.--Section 122 of the
Truth in Lending Act (15 U.S.C. 1632) by adding at the end the
following new subsection:
    ``(d) Format Required for Certain Disclosures Under Section
127(b)(12).--
            ``(1) Form of disclosure.--All of the information disclosed
        pursuant to section 127(b)(12)(A) shall--
                    ``(A) be disclosed in the form and manner which the
                Board shall prescribe by regulations under this section
                and in accordance with section 105; and
                    ``(B) be placed in a conspicuous and prominent
                location on the billing statement in typeface that is
                at least as large as the largest type on the statement,
                but in no instance less than 12-point in size.
            ``(2) Tabular format.--In the regulations prescribed under
        paragraph (1), the Board shall require that the disclosure of
        such information shall be in the form of a table that--
                    ``(A) contains clear and concise headings for each
                item of such information; and
                    ``(B) provides a clear and concise form stating
                each item of information required to be disclosed under
                each such heading.
            ``(3) Requirements regarding location and order of table.--
        In prescribing the form of the table under paragraph (2), the
        Board shall require that--
                    ``(A) all of the information in the table, and not
                just a reference to the table, be placed on the billing
                statement, as required by this subparagraph; and
                    ``(B) the items required to be included in the
                table shall be listed in the order in which such items
                are set forth in section 127(b)(12)(A).
            ``(4) Board discretion in prescribing order and wording of
        table.--In prescribing the form of the table under subparagraph
        (C), the Board may employ terminology which is different than
        the terminology which is employed in subparagraph (A), if such
        terminology is easily understood and conveys substantially the
        same meaning.''.
    (c) Civil Liability.--Section 130(a) of the Truth in Lending Act
(15 U.S.C. 1640(a)) is amended, in the undesignated paragraph following
paragraph (4), by striking the second sentence and inserting the
following: ``In connection with the disclosures referred to in
subsections (a) and (b) of section 127, a creditor shall have a
liability determined under paragraph (2) only for failing to comply
with the requirements of section 125, 127(a), or paragraph (4), (5),
(6), (7), (8), (9), (10), or (11) of section 127(b), or for failing to
comply with disclosure requirements under State law for any term or
item that the Board has determined to be substantially the same in
meaning under section 111(a)(2) as any of the terms or items referred
to in section 127(a), or paragraph (4), (5), (6), (7), (8), (9), (10),
(11), or (12) of section 127(b).

SEC. 202. REQUIREMENTS RELATING TO LATE PAYMENT DEADLINES AND
              PENALTIES.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (k) (as added by section 104 of this Act)
the following new subsection:
    ``(l) Requirements Relating to Late Payment Deadlines and
Penalties.--
            ``(1) Late payment deadline and postmark date required to
        be disclosed.--In the case of a credit card account under an
        open end consumer credit plan under which a late fee or charge
        may be imposed due to the failure of the obligor to make
        payment on or before the due date for such payment, the
        periodic statement required under subsection (b) with respect
        to the account shall include, in a conspicuous location on the
        billing statement--
                    ``(A) the date by which the payment must be
                postmarked, if paid by mail, in order to avoid the
                imposition of a late payment fee with respect to the
                payment; and
                    ``(B) a statement that no late fee may be imposed
                in connection with a payment made by mail which was
                postmarked on or before the postmark date.
            ``(2) Disclosure of increase in interest rates for late
        payments.--If 1 or more late payments under an open end
        consumer credit plan may result in an increase in the annual
        percentage rate the account, the statement required under
        subsection (b) with respect to the account shall include
        conspicuous notice of such fact, together with the applicable
        penalty annual percentage rate, in close proximity to the
        disclosure required in paragraph (1) of the date on which
        payment is due under the terms of the account.
            ``(3) Requirements relating to postmark date.--
                    ``(A) In general.--The date included in a periodic
                statement pursuant to paragraph (1)(B) with regard to
                the postmark on a payment shall allow, in accordance
                with regulations prescribed by the Board under
                subparagraph (B), a reasonable time for the consumer to
                make the payment and a reasonable time for the delivery
                of the payment by the due date.
                    ``(B) Board regulations.--The Board shall prescribe
                guidelines for determining a reasonable period of time
                for making a payment and delivery of a payment for
                purposes of subparagraph (A), after consultation with
                the Postmaster General and representatives of consumer
                and trade organizations.
            ``(4) Payment at local branches.--If the creditor, in the
        case of a credit card account referred to in paragraph (1), is
        a financial institution which maintains branches or offices at
        which payments on any such account are accepted from the
        obliger in person, the date on which the obliger makes a
        payment on the account at such branch or office shall be
        considered as the date on which the payment is made for
        purposes of determining whether a late fee or charge may be
        imposed due to the failure of the obligor to make payment on or
        before the due date for such payment, to the extent that such
        payment is made before the close of business of the branch or
        office on the business day immediately preceding the due date
        for such payment.''.

                TITLE III--PROTECTION OF YOUNG CONSUMERS

SEC. 301. EXTENSIONS OF CREDIT TO UNDERAGE CONSUMERS.

    Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is
amended by adding at the end the following new paragraph:
            ``(8) Applications from underage consumers.--
                    ``(A) Prohibition on issuance.--No credit card may
                be issued to, or open end credit plan established on
                behalf of, a consumer who has not attained the age of
                21, unless the consumer has submitted a written
                application to the card issuer that meets the
                requirements of subparagraph (B).
                    ``(B) Application requirements.--An application to
                open a credit card account by an individual who has not
                attained the age of 21 as of the date of submission of
                the application shall require--
                            ``(i) the signature of the parent, legal
                        guardian, or spouse of the consumer, or any
                        other individual having a means to repay debts
                        incurred by the consumer in connection with the
                        account, indicating joint liability for debts
                        incurred by the consumer in connection with the
                        account before the consumer has attained the
                        age of 18;
                            ``(ii) submission by the consumer of
                        financial information indicating an independent
                        means of repaying any obligation arising from
                        the proposed extension of credit in connection
                        with the account; or
                            ``(iii) proof by the consumer that the
                        consumer has completed a credit counseling
                        course of instruction by a nonprofit budget and
                        credit counseling agency approved by the Board
                        for such purpose.
                    ``(C) Minimum requirements for counseling
                agencies.--To be approved by the Board under
                subparagraph (B)(iii), a credit counseling agency
                shall, at a minimum--
                            ``(i) be a nonprofit budget and credit
                        counseling agency, the majority of the board of
                        directors of which--
                                    ``(I) is not employed by the
                                agency; and
                                    ``(II) will not directly or
                                indirectly benefit financially from the
                                outcome of a credit counseling session;
                            ``(ii) if a fee is charged for counseling
                        services, charge a reasonable fee, and provide
                        services without regard to ability to pay the
                        fee; and
                            ``(iii) provide trained counselors who
                        receive no commissions or bonuses based on
                        referrals, and demonstrate adequate experience
                        and background in providing credit
                        counseling.''.

SEC. 302. ENHANCED PENALTIES.

    Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C. 1640
(a)(2)(A)(iii)) is amended----
            (1) by striking ``or (iii) in the'' and inserting the
        following:
            ``(iii) in the case of an individual action relating to an
        open end credit plan that is not secured by real property or a
        dwelling, twice the amount of any finance charge in connection
        with the transaction, with a minimum of $500 and a maximum of
        $5,000 or such higher amount as may be appropriate in the case
        of an established pattern or practice of such failures; or
            ``(iv) in the''; and.
            (2) in clause (ii), by striking ``this subparagraph'' and
        inserting ``this clause''.

SEC. 303. RESTRICTIONS ON CERTAIN AFFINITY CARDS.

    Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (l) (as added by section 202 of this Act)
the following new subsection:
    ``(m) Restrictions on Issuance of Affinity Cards to Students.--No
credit card account under an open end credit plan may be established by
an individual who has not attained the age of 18 as of the date of
submission of the application pursuant to any agreement relating to
affinity cards, as defined by the Board, between the creditor and an
institution of higher education (as defined in section 101(a) of the
Higher Education Act of 1965), unless the requirements of section
127(c)(8) are met with respect to the obliger.''.

Summary: Credit Card Accountability Responsibility and Disclosure Act of 2006, or the Credit CARD Act of 2006 - Amends the Truth in Lending Act to require advance notice of any increase in the annual percentage rate (APR) of interest pertaining a credit card account under an open end consumer credit plan. Imposes a freeze on interest rate terms and fees on canceled cards. Prohibits: (1) penalties for on-time payments. And (2) over-the-limit fees for creditor-approved transactions. Requires disclosure of: (1) the repayment information applicable to the outstanding balance. And (2) late payment deadlines, postmark dates, and any increase in interest rates for late payments. Increases the civil penalty against any creditor who fails to comply with specified requirements in the case of an individual action relating to an open end credit plan that is not secured by real property or a dwelling. Prohibits issuance of: (1) a credit card under an open end credit plan on behalf of a consumer who has not attained the age of 21, unless the consumer has submitted a written application meeting specified requirements. Or (2) certain affinity cards to students unless certain requirements have been met.

To amend the Consumer Credit Protection Act to ban abusive credit practices, enhance consumer disclosures, protect underage consumers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Patient Safeguards Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The 2009 Medicare Trustees Report estimates that
        Medicare spending could grow from 3.2 percent of the U.S.
        economy to 11.4 percent during the next 75 years and warns of
        the significant cost burden growth of this magnitude would
        place on workers, Medicare beneficiaries, and the Federal
        budget.
            (2) In 2009, Congress provided $1,150,000,000 for
        comparative effectiveness research, including cost-
        effectiveness analysis.
            (3) The Medicare Payment and Advisory Commission suggested
        that the Centers for Medicare & Medicaid Services use cost
        effectiveness analysis to look at groups of services used to
        treat specific illnesses that have small differences in quality
        but large differences in cost.
            (4) MedPAC has reported concerns that the rigid use of cost
        effectiveness analysis might limit Medicare beneficiaries'
        access to certain services, ration rather than promote
        appropriate care, slow innovation, and interfere with the
        practice of medicine.
            (5) MedPAC has listed methodological and reporting
        shortcomings of cost effectiveness analysis, including not
        using all available clinical evidence, not sufficiently
        reporting on the extent to which the results are applicable to
        the general population, selectively reporting results, and
        placing undue emphasis on certain results of such analysis.
            (6) While serving as the head of Congressional Budget
        Office, White House Budget director Peter Orszag said
        determining which treatment was most cost effective for a given
        population would involve placing a dollar value on an
        additional year of life.
            (7) While serving as the head of Congressional Budget
        Office, White House Budget director Peter Orszag suggested the
        possibility of limiting Medicare coverage for more effective
        but more expensive services.
            (8) CMS recently described cost effectiveness analysis
        expertise as one of its most critical needs to Medicare
        Evidence Development & Coverage Advisory Committee, which
        advises CMS on national coverage determinations (NCDs).
            (9) CMS, through proposed rule making, has twice failed in
        attempts to formally incorporate cost effectiveness analysis
        into NCDs.
            (10) CMS officials report that the agency considers
        potential cost savings before deciding to make changes to a NCD
        that narrows coverage under the Medicare program.
            (11) AARP has stated that comparative effectiveness
        research is intended to help consumers and providers determine
        the best treatment, not just the least costly treatment. AARP
        warned that this information from comparative effectiveness
        research should not be used as a means to deny individuals
        access to appropriate therapeutic options.
            (12) The Congressional Black Caucus, focusing in particular
        on the exacerbating of health inequities across subpopulation
        groups, expressed concerns that comparative effectiveness
        research should not be used as rationale for limiting care to
        the care that works best for the average patient, rather than
        providing coverage for the care that works best for each
        individual patient.
            (13) Congressional New Democrats--
                    (A) argued that any application of comparative
                effectiveness research must protect against the use of
                this research to deny access to care solely based on
                cost; and
                    (B) urged Congress to ensure that clinical
                effectiveness and medical outcomes are the focus of
                comparative effectiveness research funding.
            (14) The American Heart Association--
                    (A) urges Congress to include patient safeguards in
                legislation to prevent the misuse of cost effectiveness
                analysis; and
                    (B) argues that the primary focus of comparative
                effectiveness research should be optimizing clinical
                outcomes and value for patients and society and not for
                the purpose of minimizing costs.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) efforts to make the Medicare program financially
        sustainable, including the application of comparative
        effectiveness research, should not--
                    (A) deprive patients of medically necessary care
                solely due to the cost of such care; or
                    (B) limit access to needed health care services due
                to a patient's age, gender, ethnicity, or disability
                status; and
            (2) Congress should protect patients' access to needed care
        by ensuring that the Administrator of CMS relies on adequate
        clinical expertise when the Administrator proposes to narrow
        coverage for a product or service under the Medicare program
        under title XVIII of the Social Security Act.

SEC. 4. PROCESS FOR CERTAIN NATIONAL COVERAGE DETERMINATIONS.

    (a) Requirements for the Issuance of Certain Medicare National
Coverage Determinations.--Unless all of the conditions under subsection
(b) are met, the Administrator may not issue a final national coverage
determination (referred to in this Act as a NCD)--
            (1) if the NCD restricts local or national coverage for an
        item or service that, before the date of the issuance of such
        NCD, was routinely covered under the Medicare program under
        title XVIII of the Social Security Act;
            (2) if the NCD would result in significant cost savings for
        the Medicare program;
            (3) if there is controversy in the available peer-reviewed
        medical and scientific literature about the evidence supporting
        the NCD;
            (4) if the NCD restricts local or national coverage for an
        item or service that--
                    (A) is supported by current clinical practice
                guidelines--
                            (i) included in the National Guideline
                        Clearinghouse maintained by the Agency for
                        Healthcare Research and Quality; or
                            (ii) maintained by a State medical society;
                        or
                    (B) is endorsed by the National Quality Forum or by
                another national organization that evaluates voluntary
                consensus-based provides quality measures and is
                designated by the Secretary for purposes of making an
                endorsement under this subparagraph; or
            (5) if the Administrator determines that--
                    (A) significant differences in opinion exist among
                experts concerning--
                            (i) what evidence should be reviewed in
                        developing the NCD; or
                            (ii) how data should be interpreted for
                        purposes of developing the NCD; and
                    (B) an independent analysis of the evidence and
                data analysis would be valuable in developing the final
                NCD.
    (b) Required Conditions.--The conditions under this subsection are
as follows:
            (1) Request for review.--Before the start of the public
        comment period for a proposed NCD that contains all the
        restrictions on the coverage of products and services included
        in the final NCD, the Administrator makes a formal request to
        MEDCAC for a review of the scientific and clinical evidence
        supporting and opposing the NCD.
            (2) MEDCAC review subcommittee.--
                    (A) In general.--MEDCAC convenes a subcommittee
                to--
                            (i) review the evidence supporting the
                        proposed NCD (including clinical practice
                        guidelines published by medical specialty
                        societies), taking into account--
                                    (I) the evidence related to
                                subpopulations of beneficiaries
                                (including men, women, racial and
                                ethnic minorities, the elderly,
                                individuals with disabilities, and
                                individuals with genetic variations);
                                and
                                    (II) the extent to which patient
                                preference is a factor in the use of
                                the item or service that is the subject
                                of the NCD;
                            (ii) conduct an evaluation of the clinical
                        and scientific evidence relating to the
                        clinical benefits and risks of a technology
                        affected by such NCD; and
                            (iii) determine if the NCD will limit the
                        access of Medicare beneficiaries to medically
                        necessary care.
                    (B) Membership.--The subcommittee under
                subparagraph (A) shall have 15 members, each of whom--
                            (i) shall be a clinical expert in the
                        medical specialty or specialties that are most
                        relevant to the topic of the NCD; and
                            (ii) to the extent feasible, shall have
                        expertise in the development of clinical
                        practice guidelines.
                    (C) Outside experts allowed.--MEDCAC may include
                individuals who are not members of MEDCAC in the
                membership of the subcommittee convened under
                subparagraph (A).
            (3) Subcommittee comment.--
                    (A) In general.--Not later than the last day of the
                period under paragraph (1), the subcommittee convened
                under paragraph (3)(A) shall submit to the
                Administrator a public comment on the NCD that contains
                an evaluation of whether--
                            (i) the NCD is appropriate based on the
                        subcommittee's activities under paragraph
                        (2)(A);
                            (ii) the NCD is consistent with clinical
                        guidelines;
                            (iii) the NCD would adversely impact the
                        access of subpopulations to items or services
                        which may benefit such subpopulations; or
                            (iv) the NCD would adversely impact access
                        to treatment options that are primarily
                        selected by patients, with their physicians,
                        based on patient preference and quality of life
                        criteria.
                    (B) Ncds that prevent access to care.--If MEDCAC
                determines that the proposed NCD could prevent Medicare
                patients from receiving medically necessary care, the
                MEDCAC panel shall include in such public comment a
                recommendation that the proposed NCD not be issued as a
                final NCD.
    (c) Restriction on Additional Limitation on Coverage.--The
Administrator may not issue a final NCD that contains any restrictions
on the coverage of products and services that were not included in the
proposed NCD reviewed under subsection (b).
    (d) Construction.--Nothing in this Act shall be construed as
preventing a Medicare beneficiary from using private funds to purchase
supplemental health insurance coverage or to directly purchase
medically necessary care.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of CMS.
            (2) CMS.--The term ``CMS'' means the Centers for Medicare &
        Medicaid Services.
            (3) MEDCAC.--The term ``MEDCAC'' means the Medicare
        Evidence Development & Coverage Advisory Committee established
        by the Secretary of Health and Human Services pursuant to
        section 222 of the Public Health Service Act.
            (4) Medically necessary services.--The term ``medically
        necessary care'' means health care services or products that a
        prudent physician would provide to a patient for the purpose of
        preventing, diagnosing, treating or rehabilitating an illness,
        injury, disease or its associated symptoms, impairments or
        functional limitations in a manner that is--
                    (A) in accordance with generally accepted standards
                of medical practice;
                    (B) clinically appropriate in terms of type,
                frequency, extent, site and duration; and
                    (C) not primarily for the convenience of the
                patient, physician, or other health care provider.
            (5) MedPAC.--The term ``MedPAC'' means the Medicare Payment
        Advisory Commission established under Section 1805 of the
        Social Security Act.
            (6) National coverage determination.--The term ``national
        coverage determination'' has the meaning given such term in
        section 1869(f)(1)(B) of the Social Security Act.

Summary: Medicare Patient Safeguards Act of 2009 - Expresses the sense of Congress that: (1) efforts to make the Medicare program financially sustainable, including application of comparative effectiveness research, should not deprive patients of medically necessary care solely due to its cost or limit access to needed health care services due to a patient's age, gender, ethnicity, or disability status. And (2) Congress should protect patients' access to needed care by ensuring that the Administrator of Centers for Medicare and Medicaid Services (CMS) relies on adequate clinical expertise when the Administrator proposes to narrow coverage for a product or service under title XVIII (Medicare) of the Social Security Act. Establishes a process for the issuing of Medicare national coverage determinations by the Administrator. Enumerates prohibitions and conditions.

To provide a process for public comment and Medicare Evidence Development & Coverage Advisory Committee review of certain Medicare national coverage determinations, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Victim Compensation Act''.

SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UNLAWFULLY PROVIDE
              FIREARMS TO JUVENILES, FELONS, AND OTHER DISQUALIFIED
              INDIVIDUALS.

    (a) Victim Compensation.--Section 924 of title 18, United States
Code, is amended by adding at the end the following new subsection:
    ``(j)  Victim Compensation.--
            ``(1)  In general.--Any person who sells, delivers, or
        otherwise transfers--
                    ``(A) a firearm in violation of section 922(d) or
                section 922(b)(1); or
                    ``(B) a handgun to a person who the transferor
                knows or has reasonable cause to believe is a juvenile,
                except as provided in paragraph (6),
        shall be liable for damages caused by a discharge of the
        transferred firearm by the transferee.
            ``(2) Civil action.--An action to recover damages under
        paragraph (1) may be brought in a United States district court
        by, or on behalf of, any person, or the estate of any person,
        who suffers damages resulting from bodily injury to or the
        death of any person caused by a discharge of the transferred
        firearm by the transferee.
            ``(3) Disentitlement to recovery.--There shall be no
        liability under this subsection if it is established by a
        preponderance of the evidence that--
                    ``(A) the damages were suffered by a person who was
                engaged in a criminal act against the person or
                property of another at the time of the injury; or
                    ``(B) the injury was self-inflicted, unless the
                plaintiff establishes that, at the time of the
                transfer, the transferor knew or had reasonable cause
                to believe that the transferee had not attained the age
                of 18 years or had been adjudicated as a mental
                defective or committed to a mental institution.
            ``(4) Period of liability.--No action under this subsection
        may be brought for damages that are caused more than 5 years
        after the date of the transfer of a firearm upon which an
        action could otherwise be based.
            ``(5)  Attorney's fees and punitive damages.--A prevailing
        plaintiff in an action under this subsection--
                    ``(A) shall be awarded reasonable attorney's fees
                and costs, and
                    ``(B) may be awarded punitive damages.
            ``(6) Juveniles.--Paragraph (1)(B) does not apply to--
                    ``(A) a temporary transfer of a handgun to a
                juvenile if the handgun is used by the juvenile--
                            ``(i) in the course of employment, in the
                        course of ranching or farming related to
                        activities at the residence of the juvenile (or
                        on property used for ranching or farming at
                        which the juvenile, with the permission of the
                        property owner or lessee, is performing
                        activities related to the operation of the farm
                        or ranch), target practice, hunting, or a
                        course of instruction in the safe and lawful
                        use of a handgun;
                            ``(ii) with the prior written consent of
                        the juvenile's parent or guardian who is not
                        prohibited by Federal, State, or local law from
                        possessing a firearm, except--
                                    ``(I) during transportation by the
                                juvenile of an unloaded handgun in a
                                locked container directly from the
                                place of transfer to a place at which
                                an activity described in clause (i) is
                                to take place and transportation by the
                                juvenile of that handgun, unloaded and
                                in a locked container, directly from
                                the place at which such an activity
                                took place to the transferor; or
                                    ``(II) with respect to ranching or
                                farming activities as described in
                                clause (i), with the prior written
                                approval of the juvenile's parent or
                                legal guardian and at the direction of
                                an adult who is not prohibited by
                                Federal, State, or local law from
                                possessing a firearm;
                            ``(iii) if the juvenile keeps the prior
                        written consent in the juvenile's possession at
                        all times when a handgun is in the possession
                        of the juvenile; and
                            ``(iv) in accordance with State and local
                        law;
                    ``(B) issuance of a handgun to a juvenile who is a
                member of the Armed Forces of the United States or the
                National Guard who possesses or is armed with the
                handgun in the line of duty;
                    ``(C) a transfer by inheritance of title (but not
                possession) of a handgun to a juvenile;
                    ``(D) a delivery of a handgun by a juvenile to be
                used in defense of the juvenile or other persons
                against an intruder into the residence of the juvenile
                or a residence in which the juvenile is an invited
                guest; or
                    ``(E) a transfer of a handgun for consideration if
                the transfer is made in accordance with State and local
                law and with the prior consent of the juvenile's parent
                or legal guardian who is not prohibited by Federal,
                State, or local law from possessing a firearm.
            ``(7) Rule of construction.--Nothing in this subsection
        shall be construed to limit or have any other effect on any
        other cause of action available to any person.''.
    (b) Definition.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
    ``(30) The term `juvenile' means a person who is less than 18 years
of age.''.
    (c) Application of Amendment.--The amendment made by subsection (a)
shall apply to damages resulting from a firearm that was transferred as
described in section 924(j)(1) of title 18, on or after the date of
enactment of this Act.

Summary: Gun Victim Compensation Act - Amends the Federal criminal code to make any person who sells, delivers, or otherwise transfers a firearm to a juvenile, felon, or other disqualified individual, or a handgun to a person who the transferor knows or has reasonable cause to believe is a juvenile liable for damages caused by a discharge of the transferred firearm by the transferee. Makes exceptions, including for certain temporary transfers to a juvenile who uses a handgun in the course of employment relating to ranching or farming with the prior written consent of a parent or guardian and for the issuance of a handgun to a juvenile who is a member of the armed forces or National Guard. Authorizes an action for damages to be brought in a US district court by, or on behalf of, any person who suffers damages resulting from bodily injury or death caused by a discharge of the transferred firearm by the transferee. Specifies that there shall be no liability under this Act if it is established by a preponderance of the evidence that: (1) the damages were suffered by an individual who was engaged in a criminal act against the person or property of another at the time of the injury. Or (2) the injury was self-inflicted unless the plaintiff establishes that, at the time of the transfer, the transferor knew or had reasonable cause to believe that the transferee had not attained age 18 or had been adjudicated as a mental defective or committed to a mental institution. Limits actions to those brought within five years after the date of the transfer of the firearm. Requires that a prevailing plaintiff be awarded attorney's fees. Permits the award of punitive damages.

Gun Victim Compensation Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Windstorm Hazard Reduction Research
and Technology Transfer Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Coastal States and many island States and territories
        are vulnerable to the hazards of windstorms. All Midwest,
        Southern, and Mid-Atlantic States are vulnerable to the hazards
        of tornadoes and thunderstorms and increased building activity
        is occurring in high-risk areas such as the seashore and
        ``tornado alley''.
            (2) Hurricanes cause enormous loss of life, injury,
        destruction of property, and economic and social disruption, as
        evidenced by the 56 deaths and $6,000,000,000 in property
        damage in 1999 from Hurricane Floyd. From 1990 to 1999
        hurricanes caused an average of 14 deaths and $4,970,000,000 in
        property losses annually while tornadoes and other windstorms
        caused over 58 deaths and $871,000,000 in property losses
        annually.
            (3) Improved windstorm hazard reduction measures,
        including--
                    (A) cost-effective and affordable design and
                construction methods and practices;
                    (B) informed land use decisions;
                    (C) impact prediction methodologies and early
                warning systems; and
                    (D) public education and involvement programs,
        have the potential over the next 10 years to reduce these
        losses. Losses will increase if steps are not taken to help
        communities reduce their vulnerability.
            (4) Wind engineering research needs to address both
        improving new structures and retrofitting existing ones.
            (5) There is an appropriate role for the Federal Government
        in the collection, preparation, coordination, and dissemination
        of windstorm hazards reduction information in order to protect
        public health and safety and in increasing public awareness of
        the dangers of windstorms and of affordable steps homeowners
        can take to preserve life and property. Improved mechanisms are
        needed to translate existing information and research findings
        into usable, state-of-the-art specifications, criteria, and
        cost-effective practices.
            (6) An effective Federal program in windstorm hazard
        reduction will require interagency coordination, input from
        individuals and institutions outside the Federal Government who
        are expert in the sciences of natural hazards reduction and in
        the practical application of mitigation measures, and improved
        mechanisms for the transfer of new knowledge to State and local
        officials, to homeowners, and to the design and construction
        industry. Tax credits are an appropriate means of helping
        homeowners apply mitigation measures.
            (7) Windstorms are a worldwide problem, and international
        cooperation is desirable for mutual learning and mitigation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Director'' means the Director of the Office
        of Science and Technology Policy.
            (2) The term ``State'' means each of the States of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the United States Virgin Islands, Guam, American
        Samoa, the Commonwealth of the Northern Mariana Islands, and
        any other territory or possession of the United States.
            (3) The term ``windstorm'' means any storm with a damaging
        or destructive wind component, such as a hurricane, tropical
        storm, tornado, or thunderstorm.

SEC. 4. NATIONAL WINDSTORM HAZARD REDUCTION PROGRAM.

    (a) Interagency Group.--Not later than 30 days after the date of
the enactment of this Act, the Director shall establish an Interagency
Group, to be cochaired by the Director or the Director's designee and
the Director of the Federal Emergency Management Agency or that
Director's designee, consisting of representatives of appropriate
Federal agencies, including the National Science Foundation, the
National Oceanic and Atmospheric Administration, the National Institute
of Standards and Technology, the Department of Energy, and other
agencies with jurisdiction over housing, construction, and natural
disaster mitigation and relief, to be responsible for the development
and implementation of a coordinated Federal windstorm hazard reduction
research, development, and technology transfer program. In establishing
the Interagency Group, the Director is encouraged where appropriate to
designate lead agencies and to preserve existing programs and functions
of Federal agencies and organizations, and shall ensure regular agency
coordination and information sharing and where appropriate coordination
with other agencies.
    (b) Objective.--The objective of the windstorm hazard reduction
program is the achievement, within 10 years after the date of the
enactment of this Act, of major measurable reductions in losses that
would otherwise have occurred to life and property from windstorms. The
objective is to be achieved through the creation of a program involving
cooperation among governments at all levels and the private sector
featuring--
            (1) pertinent basic and applied research which takes into
        account locality-specific weather, susceptibility to other
        hazards, and design and construction practices;
            (2) better understanding of impediments and disincentives
        to wind hazard reduction;
            (3) inventorying of existing buildings and related data for
        use in developing and deploying wind hazard mitigation
        measures;
            (4) dissemination of information on cost-effective and
        affordable wind hazard reduction research results, technology,
        and techniques to industry, State and local governments,
        homeowners, and the general public;
            (5) improved technology for prediction, storm warnings,
        advanced planning, and disaster response;
            (6) increased public awareness of the dangers of windstorms
        and of ways to preserve affected property and life; and
            (7) priority attention to critical lifelines, including
        infrastructure and utilities, that are especially needed in
        time of disaster.
    (c) Research and Development Elements.--The research and
development elements of the program may include--
            (1) basic wind characterization and micro-climate research;
            (2) development of methods to increase accuracy and
        reliability in the prediction of the track and magnitude of
        windstorms;
            (3) peer-reviewed research and development on and
        demonstration of wind-resistant systems and materials for new
        construction and retrofit, including composite materials;
        building envelope components, including windows, doors, and
        roofs; structural design; and design and construction
        techniques, through physical testing and through computer
        simulation when appropriate, taking into consideration cost-
        effectiveness, affordability, and regional differences
        including susceptibility to other hazards;
            (4) development of mechanisms for collecting information on
        building systems and materials performance in windstorms,
        information on mitigation priorities, and other pertinent
        information from sources such as the construction industry,
        insurance companies, and building officials;
            (5) development of updatable, cost-effective, and
        affordable systems, both for new construction and for
        retrofitting, and for inventorying information on components
        and materials and their interaction;
            (6) development of cost-effective and affordable planning,
        design, construction, rehabilitation, and retrofit methods and
        procedures, including utilization of mitigation measures, for
        critical lifelines and facilities such as hospitals, schools,
        public utilities, and other structures that are especially
        needed in time of disaster;
            (7) research and development on techniques, methodologies,
        and new technologies for the mapping in finer detail of
        windstorm hazard risks, to be coordinated with the mapping of
        other natural and manmade hazards;
            (8) development of improved systems for predicting damaging
        windstorm impact and for identifying, evaluating, and reliably
        characterizing windstorm hazards;
            (9) development of improved approaches for providing
        emergency services, reconstruction, and redevelopment after a
        windstorm;
            (10) development of quantitative assessment techniques for
        the delineation and evaluation of the socioeconomic effects of
        windstorms and their application on a regional basis, including
        exploration of adjustments that could be made to reduce
        windstorm vulnerability and to effectively exploit existing and
        developing mitigation techniques; and
            (11) studies of impediments and disincentives to effective
        wind hazard mitigation, preparedness, and response policies and
        innovations.
    (d) Technology Transfer.--The technology transfer elements of the
program shall include--
            (1) the collection, classification, presentation, and
        dissemination in a usable form to Federal, State, and local
        officials, community leaders, the design and construction
        industry, contractors, home owners, and the general public, of
        research results and other pertinent information regarding
        windstorm phenomena, the identification of locations and
        features which are especially susceptible to windstorm damage,
        ways to reduce the adverse consequences of windstorms, and
        related matters;
            (2) in coordination with the private sector, academia, and
        the States, curriculum development and related measures to
        facilitate the training of employees of the design and
        construction industry, the insurance industry, and State and
        local governments, and other interested persons; and
            (3) efforts to increase public awareness and information
        related to windstorm hazard mitigation.
    (e) Implementation Plan.--The Interagency Group established under
subsection (a) shall refine, in conjunction with appropriate
representatives of State and local units of government and private
sector organizations, the objective stated in subsection (b), develop
measurements related to the objective, including emphasis on cost-
effectiveness and affordability, and develop a 10-year implementation
plan for achieving the objective, deferring to the private sector and
State and local government for implementation in all appropriate
instances. Not later than 210 days after the date of the enactment of
this Act, the Interagency Group shall submit to the Congress the
implementation plan. The plan shall include--
            (1) a statement of research and development goals and
        priorities;
            (2) plans for the development of improved forecasting
        techniques for windstorms, early warning systems, and systems
        for comprehensive response;
            (3) plans for the development of an inventory of buildings,
        building components, and damage to buildings from windstorms;
            (4) plans for transfer of technology and information to
        State, county, local, and regional governmental units and the
        private sector for appropriate application of research and
        development results;
            (5) provisions for dissemination, on a timely basis, of--
                    (A) delivery of information and technology in a
                form that is of use to the design professions, the
                construction industry, and other interested parties;
                and
                    (B) other information and knowledge of interest to
                the public to reduce vulnerability to windstorm
                hazards;
            (6) a description of how Federal disaster relief and
        emergency assistance programs will incorporate research and
        development results;
            (7) establishment, consistent with this Act, of goals,
        priorities, and target dates for implementation of the program;
            (8) assignment of responsibilities with respect to each
        element of the program that does not already have a Federal
        lead agency;
            (9) a description of plans for cooperation and coordination
        in all phases of the program with interested governmental
        entities in all States, particularly those containing areas of
        high or moderate windstorm risk; and
            (10) staffing plans for the program and its components.
    (f) Participation.--The implementation plan shall avoid duplication
whenever possible and assign responsibilities to Federal agencies with
existing expertise.
    (g) Manufactured Housing Standards.--No design, construction
method, practice, technology, material, mitigation methodology, or
hazard reduction measure of any kind developed under this Act shall be
required for a home certified under section 616 of the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5415), pursuant to standards issued under such Act, without
being subject to the consensus development process and rulemaking
procedures of that Act.

SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM HAZARD REDUCTION.

    (a) Establishment.--A National Advisory Committee shall be
established to review progress made under the program established under
section 4, advise on any improvements that should be made to that
program, and report to the Congress on actions that have been taken to
advance the Nation's capability to reduce the impacts of windstorm
hazards.
    (b) Membership.--The Advisory Committee shall be composed of 21
members to be appointed by the President (one of whom shall be
designated by the President as chair). The members shall include
representatives of a broad cross-section of interests such as the
research, technology transfer, architectural, engineering, and
financial communities; materials and systems suppliers; State, county,
and local governments concerned with the reduction of windstorm
hazards; the residential, multifamily, and commercial sectors of the
construction industry; and the insurance industry, and other
representatives (not including members of Federal agencies) from areas
impacted by windstorm hazards.
    (c) Coordination.--The Advisory Committee shall coordinate with
existing advisory committees of the Federal Government and of the
National Academies of Science and Engineering. As appropriate, the work
and reports of the Advisory Committee may be done in conjunction with
or replace the work of other advisory committees.
    (d) Annual Report.--The Advisory Committee shall provide a summary
report to Congress each year.
    (e) Exemption.--Section 14 of the Federal Advisory Committee Act
shall not apply to the Advisory Committee established under this
section.

SEC. 6. ANNUAL REPORT.

    (a) Report.--The Interagency Group established under section 4(a)
shall, within 90 days after the end of each fiscal year, submit a
report to the Congress describing the status of the windstorm hazard
reduction program, describing progress achieved during the preceding
fiscal year, by government at all levels and by the private sector,
toward achieving the objective stated in section 4(b) and implementing
the plan developed under section 4(e), and including any amendments to
the implementation plan. Each such report shall include any
recommendations for legislative and other action the Interagency Group
considers necessary and appropriate.
    (b) Conference.--In order to disseminate the research findings of
the windstorm hazard reduction program established under section 4(a),
the Interagency Group is encouraged to arrange for an annual conference
where research findings and mitigation efforts can be presented. Those
invited to the conference shall include representatives of a broad
cross-section of interests such as the research, technology transfer,
architectural, engineering, and financial communities; materials and
systems suppliers; State, county, and local governments concerned with
the reduction of windstorm hazards; the residential, multifamily, and
commercial sectors of the construction industry; and the insurance
industry, and other representatives from areas impacted by windstorm
hazards.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out activities
under this Act $50,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $150,000,000 for fiscal year 2003.

Summary: Establishes a National Advisory Committee to review the program's progress, advise on any improvements, and report to Congress on actions taken to reduce the impacts of windstorm hazards.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Fish and Wildlife Policy
Fellowship Program Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nearly one-third of the population of the United States
        participates in fish and wildlife-related recreation annually.
        In 2001, 82 million people participated in wildlife-related
        recreation, including sport angling, hunting, birding,
        photography, and other activities.
            (2) Vibrant, healthy, and well-managed natural living
        resources are essential to obtaining the economic benefits
        derived from them. Wildlife-related recreation contributes
        significantly to the United States economy. In 2001, the
        economic impact of fishing and hunting was $116,000,000,000 and
        $68,000,000,000, respectively. In addition, approximately
        1,000,000 jobs were created as a result of such recreation.
            (3) There are over 50 university programs, dozens of State
        and Federal agencies, and over $1 billion dedicated to
        fisheries and wildlife research, management, and conservation.
            (4) Expertise in freshwater and anadromous fisheries and
        wildlife policy is paramount to the future effective management
        of the Nation's fish and wildlife resources.
            (5) The National Sea Grant John A. Knauss Fellowship has
        been successful in promoting stewardship of the Nation's
        natural marine and coastal resources. Since 1979, over 528
        marine scientists have been awarded fellowships that have
        enabled them to bring their scientific expertise to the Federal
        agencies and the Congress while obtaining valuable policy
        experience. Many of the fellows continue to serve as marine
        policy professionals in the Federal Government, the private
        sector, and the university research community.
            (6) Currently no formal mechanism exists to secure
        individuals with specific expertise in freshwater and
        anadromous fisheries, wildlife, or conservation biology, or
        related natural resource management, while simultaneously
        providing valuable policy experience within the Federal
        Government and the Congress. Such a mechanism would support and
        enhance stewardship of the Nation's fish and wildlife.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the United States Fish and Wildlife Service.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. AUTHORIZATION OF FISH AND WILDLIFE POLICY FELLOWSHIPS.

    (a) In General.--The Secretary shall award fellowships to qualified
graduate and post-graduate level students engaged in advanced degree
programs concerning freshwater and anadromous fish, wildlife,
conservation management, or biology.
    (b) Objectives.--In awarding fellowships under subsection (a), the
Secretary shall seek to achieve, with respect to fish and wildlife
conservation, the following educational and training objectives:
            (1) To provide qualified graduate and postgraduate level
        individuals opportunities for participation in the policy
        process within the executive and legislative branches of the
        Federal Government.
            (2) To provide Federal agencies and the Congress with
        specific expertise in fish and wildlife management and
        conservation biology to aid in the effective management of the
        Nation's natural living resources.
    (c) Guidelines for Award of Fellowships.--The fellowships shall be
awarded pursuant to guidelines established by the Secretary.
    (d) Term of Fellowships.--A fellowship under subsection (a) shall
be for a period of not more than 1 year.
    (e) Equal Access.--
            (1) In general.--The Secretary shall strive to ensure equal
        access for minority and economically disadvantaged students to
        the program carried out under subsection (a).
            (2) Report.--Not later than 1 year after the date of the
        enactment of this section, and every 2 years thereafter, the
        Secretary shall submit a report to the Congress describing--
                    (A) the efforts by the Secretary to ensure equal
                access for minority and economically disadvantaged
                students to the fellowship carried out under subsection
                (a); and
                    (B) the results of such efforts.
    (f) Administration.--The Director shall administer fellowships
under subsection (a).
    (g) Authorization of Appropriations.--
            (1) In general.--To carry out this section there is
        authorized to be appropriated to the Secretary $1,400,000 for
        each of fiscal years 2005 through 2009.
            (2) Limitation on administrative expenses.--Of amounts
        available to carry out this section each fiscal year, no more
        than 5 percent may be expended for administrative costs.

Summary: National Fish and Wildlife Policy Fellowship Program Act of 2004 - Requires the Secretary of the Interior to award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology in order to: (1) provide such students with opportunities to participate in the policy process within executive and legislative branches of the Federal Government. And (2) provide Federal agencies and Congress with specific expertise to aid in the effective management of the nation's natural living resources. Requires the Secretary to strive to ensure equal access to the fellowship program for minority and disadvantaged students and to report to Congress on such efforts. States that the Director of the US Fish and Wildlife Service shall administer fellowships awarded under this Act.

To provide fellowships for graduate and postgraduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, or conservation biology, or related natural resource management, to provide expertise and to gain policy experience in Federal executive agencies or the Congress.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims of Abuse Access to Health
Insurance Act''.

SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO
              VICTIMS OF CERTAIN CRIMES.

    (a) In General.--No insurer may engage in a practice that has the
effect of denying, canceling, or limiting health insurance coverage or
health benefits, or establishing, increasing, or varying the premium
charged for the coverage or benefits--
            (1) to or for an individual on the basis that the
        individual is, has been, or may be the victim of domestic
        violence; or
            (2) to or for a group or employer on the basis that the
        group includes or the employer employs, or provides or
        subsidizes insurance for, an individual described in paragraph
        (1).
    (b) Pre-Existing Conditions.--
            (1) In general.--A health benefit plan may not consider a
        condition or injury that occurred as a result of domestic
        violence as a pre-existing condition.
            (2) Preexisting condition.--As used in paragraph (1), the
        term ``preexisting condition'' means, with respect to coverage
        under a health benefit plan, a condition which was diagnosed,
        or which was treated, prior to the first date of such coverage
        (without regard to any waiting period).

SEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES.

    (a) In General.--Whoever violates the provisions of this Act shall
be--
            (1) subject to a fine in an amount provided for under title
        18, United States Code, for a class A misdemeanor not resulting
        in death;
            (2) subject to the imposition of a civil monetary penalty;
        and
            (3) subject to the commencement by the aggrieved party of a
        civil action under subsection (b).
    (b) Civil Remedies.--
            (1) In general.--Any individual aggrieved by reason of the
        conduct prohibited in this Act may commence a civil action for
        the relief set forth in paragraph (2).
            (2) Relief.--In any action under paragraph (1), the court
        may award appropriate relief, including temporary, preliminary,
        or permanent injunctive relief and compensatory and punitive
        damages, as well as the costs of suit and reasonable fees for
        plaintiffs attorneys and expert witnesses. With respect to
        compensatory damages, the plaintiff may elect, at any time
        prior to the rendering of final judgment, to recover, in lieu
        of actual damages, an award of statutory damages in the amount
        of $5,000 per violation.
            (3) Concurrent jurisdiction.--Both Federal and State courts
        shall have concurrent jurisdiction over actions brought
        pursuant to this section.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Domestic violence.--The term ``domestic violence''
        means the occurrence of one or more of the following acts
        between household or family (including in-laws or extended
        family) members, spouses or former spouses, or individuals
        engaged in or formerly engaged in a sexually intimate
        relationship:
                    (A) Attempting to cause or intentionally,
                knowingly, or recklessly causing bodily injury, rape,
                assault, sexual assault, or involuntary sexual
                intercourse.
                    (B) Knowingly engaging in a course of conduct or
                repeatedly committing acts toward another individual,
                including following the individual, without proper
                authority, under circumstances that place the
                individual in reasonable fear of bodily injury.
                    (C) Subjecting another to false imprisonment.
            (2) Insurer.--
                    (A) In general.--The term ``insurer'' means a
                health benefit plan, a health care provider, an entity
                that self-insures, or a Federal or State agency or
                entity that conducts activities related to the
                protection of public health.
                    (B) Health benefit plan.--The term ``health benefit
                plan'' means any public or private entity or program
                that provides for payments for health care, including--
                            (i) a group health plan (as defined in
                        section 607 of the Employee Retirement Income
                        Security Act of 1974) or a multiple employer
                        welfare arrangement (as defined in section
                        3(40) of such Act) that provides health
                        benefits;
                            (ii) any other health insurance
                        arrangement, including any arrangement
                        consisting of a hospital or medical expense
                        incurred policy or certificate, hospital or
                        medical service plan contract, or health
                        maintenance organization subscriber contract;
                            (iii) workers' compensation or similar
                        insurance to the extent that it relates to
                        workers' compensation medical benefits (as
                        defined by the Secretary of Health and Human
                        Services); and
                            (iv) automobile medical insurance to the
                        extent that it relates to medical benefits (as
                        defined by the Secretary of Health and Human
                        Services).

SEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.

    For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C.
1012(b); commonly known as the McCarran-Ferguson Act), this Act shall
be considered to specifically relate to the business of insurance.

SEC. 6. REGULATIONS.

    The Secretary of Health and Human Services shall issue regulations
to carry out this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect 90 days after the date of the enactment
of this Act.

Summary: Victims of Abuse Access to Health Insurance Act - Prohibits health insurers from discriminating against an individual or group because the individual is or may be a victim of domestic violence. Prohibits considering a condition or injury resulting from domestic violence as a pre-existing condition. Mandates civil and criminal penalties and provides for injunctive relief and compensatory and punitive damages. Declares that, for the purposes of the McCarran-Ferguson Act, this Act specifically relates to the business of insurance.