SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Patient Access and Medicare
Protection Act''.
SEC. 2. NON-APPLICATION OF MEDICARE FEE SCHEDULE ADJUSTMENTS FOR
WHEELCHAIR ACCESSORIES AND SEAT AND BACK CUSHIONS WHEN FURNISHED IN
CONNECTION WITH COMPLEX REHABILITATIVE POWER WHEELCHAIRS.
    (a) Non-application.--
        (1) In general.--Notwithstanding any other provision of law,
    the Secretary of Health and Human Services shall not, prior to
    January 1, 2017, use information on the payment determined under
    the competitive acquisition programs under section 1847 of the
    Social Security Act (42 U.S.C. 1395w-3) to adjust the payment
    amount that would otherwise be recognized under section
    1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for
    wheelchair accessories (including seating systems) and seat and
    back cushions when furnished in connection with Group 3 complex
    rehabilitative power wheelchairs.
        (2) Implementation.--Notwithstanding any other provision of
    law, the Secretary may implement this subsection by program
    instruction or otherwise.
    (b) GAO Study and Report.--
        (1) Study.--
            (A) In general.--The Comptroller General of the United
        States shall conduct a study on wheelchair accessories
        (including seating systems) and seat and back cushions
        furnished in connection with Group 3 complex rehabilitative
        power wheelchairs. Such study shall include an analysis of the
        following with respect to such wheelchair accessories and seat
        and back cushions in each of the groups described in clauses
        (i) through (iii) of subparagraph (B):
                (i) The item descriptions and associated HCPCS codes
            for such wheelchair accessories and seat and back cushions.
                (ii) A breakdown of utilization and expenditures for
            such wheelchair accessories and seat and back cushions
            under title XVIII of the Social Security Act.
                (iii) A comparison of the payment amount under the
            competitive acquisition program under section 1847 of such
            Act (42 U.S.C. 1395w-3) with the payment amount that would
            otherwise be recognized under section 1834 of such Act (42
            U.S.C. 1395m), including beneficiary cost sharing, for such
            wheelchair accessories and seat and back cushions.
                (iv) The aggregate distribution of such wheelchair
            accessories and seat and back cushions furnished under such
            title XVIII within each of the groups described in
            subparagraph (B).
                (v) Other areas determined appropriate by the
            Comptroller General.
            (B) Groups described.--The following groups are described
        in this subparagraph:
                (i) Wheelchair accessories and seat and back cushions
            furnished predominantly with Group 3 complex rehabilitative
            power wheelchairs.
                (ii) Wheelchair accessories and seat and back cushions
            furnished predominantly with power wheelchairs that are not
            described in clause (i).
                (iii) Other wheelchair accessories and seat and back
            cushions furnished with either power wheelchairs described
            in clause (i) or (ii).
        (2) Report.--Not later than June 1, 2016, the Comptroller
    General of the United States shall submit to Congress a report
    containing the results of the study conducted under paragraph (1),
    together with recommendations for such legislation and
    administrative as the Comptroller General determines to be
    appropriate.
SEC. 3. TRANSITIONAL PAYMENT RULES FOR CERTAIN RADIATION THERAPY
SERVICES UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.
    (a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
1395w-4) is amended--
        (1) in subsection (b), by adding at the end the following new
    paragraph:
        ``(11) Special rule for certain radiation therapy services.--
    The code definitions, the work relative value units under
    subsection (c)(2)(C)(i), and the direct inputs for the practice
    expense relative value units under subsection (c)(2)(C)(ii) for
    radiation treatment delivery and related imaging services
    (identified in 2016 by HCPCS G-codes G6001 through G6015) for the
    fee schedule established under this subsection for services
    furnished in 2017 and 2018 shall be the same as such definitions,
    units, and inputs for such services for the fee schedule
    established for services furnished in 2016.''; and
        (2) in subsection (c)(2)(K), by adding at the end the following
    new clause:
                ``(iv) Treatment of certain radiation therapy
            services.--Radiation treatment delivery and related imaging
            services identified under subsection (b)(11) shall not be
            considered as potentially misvalued services for purposes
            of this subparagraph and subparagraph (O) for 2017 and
            2018.''.
    (b) Report to Congress on Alternative Payment Model.--Not later
than 18 months after the date of the enactment of this Act, the
Secretary of Health and Human Services shall submit to Congress a
report on the development of an episodic alternative payment model for
payment under the Medicare program under title XVIII of the Social
Security Act for radiation therapy services furnished in nonfacility
settings.
SEC. 4. ENSURING FLEXIBILITY IN APPLYING HARDSHIP EXCEPTION FOR
MEANINGFUL USE FOR 2015 EHR REPORTING PERIOD FOR 2017 PAYMENT
ADJUSTMENTS.
    (a) Eligible Professionals.--Section 1848(a)(7)(B) of the Social
Security Act (42 U.S.C. 1395w-4(a)(7)(B)) is amended, in the first
sentence, by inserting ``(and, with respect to the payment adjustment
under subparagraph (A) for 2017, for categories of eligible
professionals, as established by the Secretary and posted on the
Internet website of the Centers for Medicare & Medicaid Services prior
to December 15, 2015, an application for which must be submitted to the
Secretary by not later than March 15, 2016)'' after ``case-by-case
basis''.
    (b) Eligible Hospitals.--Section 1886(b)(3)(B)(ix) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)) is amended--
        (1) in the first sentence of subclause (I), by striking
    ``(n)(6)(A)'' and inserting ``(n)(6)''; and
        (2) in subclause (II), in the first sentence, by inserting
    ``(and, with respect to the application of subclause (I) for fiscal
    year 2017, for categories of subsection (d) hospitals, as
    established by the Secretary and posted on the Internet website of
    the Centers for Medicare & Medicaid Services prior to December 15,
    2015, an application for which must be submitted to the Secretary
    by not later than April 1, 2016)'' after ``case-by-case basis''.
    (c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services shall implement the
provisions of, and the amendments made by, subsections (a) and (b) by
program instruction, such as through information on the Internet
website of the Centers for Medicare & Medicaid Services.
SEC. 5. MEDICARE IMPROVEMENT FUND.
    Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$5,000,000'' and inserting
``$0''.
SEC. 6. STRENGTHENING MEDICAID PROGRAM INTEGRITY THROUGH FLEXIBILITY.
    Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is
amended--
        (1) in subsection (a), by inserting ``, or otherwise,'' after
    ``entities''; and
        (2) in subsection (e)--
            (A) in paragraph (1), in the matter preceding subparagraph
        (A), by inserting ``(including the costs of equipment, salaries
        and benefits, and travel and training)'' after ``Program under
        this section''; and
            (B) in paragraph (3), by striking ``by 100'' and inserting
        ``by 100, or such number as determined necessary by the
        Secretary to carry out the Program,''.
SEC. 7. ESTABLISHING MEDICARE ADMINISTRATIVE CONTRACTOR ERROR REDUCTION
INCENTIVES.
    (a) In General.--Section 1874A(b)(1)(D) of the Social Security Act
(42 U.S.C. 1395kk-1(b)(1)(D)) is amended--
        (1) by striking ``quality.--The Secretary'' and inserting
    ``quality.--
                ``(i) In general.--Subject to clauses (ii) and (iii),
            the Secretary''; and
        (2) by inserting after clause (i), as added by paragraph (1),
    the following new clauses:
                ``(ii) Improper payment rate reduction incentives.--The
            Secretary shall provide incentives for medicare
            administrative contractors to reduce the improper payment
            error rates in their jurisdictions.
                ``(iii) Incentives.--The incentives provided for under
            clause (ii)--

                    ``(I) may include a sliding scale of award fee
                payments and additional incentives to medicare
                administrative contractors that either reduce the
                improper payment rates in their jurisdictions to
                certain thresholds, as determined by the Secretary, or
                accomplish tasks, as determined by the Secretary, that
                further improve payment accuracy; and
                    ``(II) may include substantial reductions in award
                fee payments under cost-plus-award-fee contracts, for
                medicare administrative contractors that reach an upper
                end improper payment rate threshold or other threshold
                as determined by the Secretary, or fail to accomplish
                tasks, as determined by the Secretary, that further
                improve payment accuracy.''.

    (b) Effective Date.--
        (1) In general.--The amendments made by subsection (a) shall
    apply to contracts entered into or renewed on or after the date
    that is 3 years after the date of enactment of this Act.
        (2) Application to existing contracts.--In the case of
    contracts in existence on or after the date of the enactment of
    this Act and that are not subject to the effective date under
    paragraph (1), the Secretary of Health and Human Services shall,
    when appropriate and practicable, seek to apply the incentives
    provided for in the amendments made by subsection (a) through
    contract modifications.
SEC. 8. STRENGTHENING PENALTIES FOR THE ILLEGAL DISTRIBUTION OF A
MEDICARE, MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR BILLING
PRIVILEGES.
    Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b))
is amended by adding at the end the following:
        ``(4) Whoever without lawful authority knowingly and willfully
    purchases, sells or distributes, or arranges for the purchase,
    sale, or distribution of a beneficiary identification number or
    unique health identifier for a health care provider under title
    XVIII, title XIX, or title XXI shall be imprisoned for not more
    than 10 years or fined not more than $500,000 ($1,000,000 in the
    case of a corporation), or both.''.
SEC. 9. IMPROVING THE SHARING OF DATA BETWEEN THE FEDERAL GOVERNMENT
AND STATE MEDICAID PROGRAMS.
    (a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a plan
to encourage and facilitate the participation of States in the
Medicare-Medicaid Data Match Program (commonly referred to as the
``Medi-Medi Program'') under section 1893(g) of the Social Security Act
(42 U.S.C. 1395ddd(g)).
    (b) Program Revisions To Improve Medi-Medi Data Match Program
Participation by States.--Section 1893(g)(1)(A) of the Social Security
Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended--
        (1) in the matter preceding clause (i), by inserting ``or
    otherwise'' after ``eligible entities'';
        (2) in clause (i)--
            (A) by inserting ``to review claims data'' after
        ``algorithms''; and
            (B) by striking ``service, time, or patient'' and inserting
        ``provider, service, time, or patient'';
        (3) in clause (ii)--
            (A) by inserting ``to investigate and recover amounts with
        respect to suspect claims'' after ``appropriate actions''; and
            (B) by striking ``; and'' and inserting a semicolon;
        (4) in clause (iii), by striking the period and inserting`` ;
    and''; and
        (5) by adding at the end the following new clause:
                ``(iv) furthering the Secretary's design, development,
            installation, or enhancement of an automated data system
            architecture--

                    ``(I) to collect, integrate, and assess data for
                purposes of program integrity, program oversight, and
                administration, including the Medi-Medi Program; and
                    ``(II) that improves the coordination of requests
                for data from States.''.

    (c) Providing States With Data on Improper Payments Made for Items
or Services Provided to Dual Eligible Individuals.--
        (1) In general.--The Secretary shall develop and implement a
    plan that allows each State agency responsible for administering a
    State plan for medical assistance under title XIX of the Social
    Security Act access to relevant data on improper or fraudulent
    payments made under the Medicare program under title XVIII of the
    Social Security Act (42 U.S.C. 1395 et seq.) for health care items
    or services provided to dual eligible individuals.
        (2) Dual eligible individual defined.--In this section, the
    term ``dual eligible individual'' means an individual who is
    entitled to, or enrolled for, benefits under part A of title XVIII
    of the Social Security Act (42 U.S.C. 1395c et seq.), or enrolled
    for benefits under part B of title XVIII of such Act (42 U.S.C.
    1395j et seq.), and is eligible for medical assistance under a
    State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or
    under a waiver of such plan.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Patient Access and Medicare Protection Act This bill temporarily exempts from certain Medicare payment adjustments wheelchair accessories and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. The Government Accountability Office must study wheelchair accessories and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. The bill amends title XVIII (Medicare) of the Social Security Act (SSAct) to prohibit specified adjustments to the Medicare fee schedule for certain radiation therapy services in 2017 or 2018. Under current law, the Centers for Medicare amp. Medicaid Services (CMS) must periodically identify, review, and make adjustments to potentially misvalued services under Medicare. The bill specifies that certain radiation therapy services shall not be considered as potentially misvalued services for these purposes in 2017 or 2018. For 2017, CMS may exempt categories of eligible professionals from requirements for meaningful use of electronic health records (EHR) technology. Under current law, CMS may, on a case-by-case basis, exempt an eligible professional from certain negative payment adjustments that would otherwise apply due to the professional's failure to comply with those requirements. The bill eliminates funding for the Medicare Improvement Fund. The bill amends title XIX (Medicaid) of the SSAct to make changes related to the Medicaid Integrity Program (MIP). The bill: (1) specifies that program appropriationsnbsp. May cover the costs of equipment, travel, training, and salaries and benefits. And (2) allows CMS flexibility in determining the number of additional staff necessary to carry out the program. Under current law, CMS may contract with Medicare administrative contractors (MACs), which arenbsp, privatenbsp, insurers that process Medicare claims withinnbsp, specified geographic jurisdictions. The billnbsp. Requires CMS to provide specified incentives for MACs to reduce improper payment error rates within their jurisdictions. The bill establishes criminal penalties of up to 10 years imprisonment and up to $500,000 in fines for illegally purchasing or distributing Medicare, Medicaid, or Children's Health Insurance Program (CHIP) beneficiary identification or billing privileges. The bill increases the scope of the Medicare-Medicaid Data Match Program , an existing program through which contractors and participatingnbsp, governmental agencies collaboratively analyzenbsp. Medicare and Medicaid billing trends. CMS must establish a plan to encourage states to participate in the Medi-Medi Program. CMS shall implement a plan to allow states to access relevant data on improper or fraudulent payments made under the Medicare program on behalf of individuals dually eligible for both Medicare and Medicaid.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Reform, Authorization,
and Choice Improvement Act of 2015''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS.

    (a) Project Management.--Section 8103 of title 38, United States
Code, is amended by adding at the end the following new subsection:
    ``(e) In the case of any super construction project (as such term
is defined in section 8104(a)(4)(C)), the Secretary shall enter into an
agreement with an appropriate non-Department entity to provide full
project management services for the super construction project.''.
    (b) Application of Industry Standards.--Section 8103 of title 38,
United States Code, as amended by subsection (a) is further amended by
adding at the end the following new subsection:
    ``(f) To the maximum extent practicable, the Secretary shall use
industry standards, standard designs, and best practices in carrying
out the construction of medical facilities.''.
    (c) Limitation on Planning and Design for Super Construction
Projects.--Section 8104(a) of title 38, United States Code, is
amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) by inserting after paragraph (2) the following new
        paragraph (3):
    ``(3) The Secretary may not obligate or expend funds for advance
planning or design for any super construction project, until the date
that is 60 days after the date on which the Secretary submits to the
Committee on Veterans' Affairs and the Committee on Appropriations of
the Senate and the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives notice of such
obligation or expenditure.''; and
            (3) in paragraph (4), as redesignated by paragraph (1) of
        this subsection, by adding at the end the following new
        subparagraph:
            ``(C) The term `super construction project' means a project
        for the construction, alteration, or acquisition of a medical
        facility involving a total expenditure of more than
        $100,000,000, but such term does not include an acquisition by
        exchange.''.
    (d) Congressional Approval of Certain Projects.--
            (1) Projects that exceed specified amount.--Subsection (c)
        of section 8104 of title 38, United States Code, is amended to
        read as follows:
    ``(c) The Secretary may not obligate funds for a major medical
facility project or a super construction project approved by a law
described in subsection (a)(2) in an amount that would cause the total
amount obligated for that project to exceed the amount specified in the
law for that project (or would add to total obligations exceeding such
specified amount) by more than 10 percent unless the Committee on
Veterans' Affairs and the Committee on Appropriations of the Senate and
the Committee on Veterans' Affairs and the Committee on Appropriations
of the House of Representatives each approve in writing the obligation
of those funds.''.
            (2) Use of extra amounts.--Subsection (d) of such section
        is amended--
                    (A) in paragraph (2)(B), in the matter preceding
                clause (i), by striking ``Whenever'' and inserting
                ``Before''; and
                    (B) by adding at the end the following new
                paragraph:
    ``(3) The Secretary may not obligate any funds described in
paragraph (1) or amounts described in paragraph (2) before the date
that is 30 days after the notification submitted under paragraph (1) or
paragraph (2)(B), as the case may be, unless the Committee on Veterans'
Affairs and the Committee on Appropriations of the Senate and the
Committee on Veterans' Affairs and the Committee on Appropriations of
the House of Representatives each approve in writing the obligation of
those funds or amounts.''.
            (3) Notification requirements.--
                    (A) Committees required.--Subsection (d)(1) of such
                section is amended by striking ``each committee'' and
                inserting ``the Committee on Veterans' Affairs and the
                Committee on Appropriations of the Senate and the
                Committee on Veterans' Affairs and the Committee on
                Appropriations of the House of Representatives''.
                    (B) Use of amounts from bid savings.--Subsection
                (d)(2)(B) of such section is amended by adding at the
                end the following new clause:
            ``(iv) With respect to the major construction project that
        is the source of the bid savings--
                    ``(I) the amounts already obligated or available in
                the project reserve for such project;
                    ``(II) the percentage of such project that has been
                completed; and
                    ``(III) the amount of such bid savings that is
                already obligated or otherwise being used for a purpose
                other than such project.''.
    (e) Quarterly Report on Super Construction Projects.--
            (1) In general.--At the end of subchapter I of chapter 81
        of title 38, United States Code, insert the following new
        section:
``Sec. 8120. Quarterly report on super construction projects
    ``(a) Quarterly Reports Required.--Not later than 30 days after the
last day of each fiscal quarter the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives on the super construction projects carried out by the
Secretary during such quarter. Each such report shall include, for each
such project--
            ``(1) the budgetary and scheduling status of the project,
        as of the last day of the quarter covered by the report; and
            ``(2) the actual cost and schedule variances of the
        project, as of such day, compared to the planned cost and
        schedules for the project.
    ``(b) Super Construction Project Defined.--In this section, the
term `super construction project' has the meaning given such term in
section 8103(a)(4)(C) of this title.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of the chapter is amended by adding at the end of the
        items relating to such subchapter the following new item:

``8120. Quarterly report on super construction projects.''.
    (f) Accelerated Master Planning for Each Medical Facility of the
Department of Veterans Affairs.--
            (1) Existing facilities.--Not later than December 31, 2016,
        the Secretary of Veterans Affairs shall complete a master plan
        described in paragraph (3) for each medical facility of the
        Department of Veterans Affairs.
            (2) New facilities.--For each medical facility of the
        Department for which construction is completed after the date
        of the enactment of this Act, the Secretary shall complete a
        master plan described in paragraph (3) for the facility by not
        later than the earlier of the following dates:
                    (A) The date on which activation is completed.
                    (B) The date of the formal dedication of the
                facility.
            (3) Master plan described.--A master plan described in this
        paragraph is, with respect to a medical facility of the
        Department, a plan to inform investment decisions and funding
        requests over a 10-year period for construction projects at
        such medical facility--
                    (A) to meet the health care needs of a changing
                veteran population through a combination of health care
                from the Department and other community resources; and
                    (B) to maximize the best use of the land and
                structures comprising such medical facility.

SEC. 3. CLARIFICATION OF DISTANCE REQUIREMENT FOR EXPANDED AVAILABILITY
              OF HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS
              THROUGH THE USE OF AGREEMENTS WITH NON-DEPARTMENT OF
              VETERANS AFFAIRS ENTITIES.

    (a) In General.--Section 101(b)(2) of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701
note) is amended--
            (1) in subparagraph (B), by inserting ``(as calculated
        based on distance traveled)'' after ``40 miles''; and
            (2) in subparagraph (D)(ii), by striking subclause (II),
        and inserting the following new subclause (II):
                                    ``(II) faces an unusual or
                                excessive burden in traveling to such a
                                medical facility of the Department
                                based on--
                                            ``(aa) geographical
                                        challenges;
                                            ``(bb) environmental
                                        factors, such as roads that are
                                        not accessible to the general
                                        public, traffic, or hazardous
                                        weather;
                                            ``(cc) a medical condition
                                        that impacts the ability to
                                        travel; or
                                            ``(dd) other factors, as
                                        determined by the Secretary.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to care or services provided on or after such date.

SEC. 4. MODIFICATION OF AUTHORIZATION OF FISCAL YEAR 2008 MAJOR MEDICAL
              FACILITY PROJECT AT DEPARTMENT MEDICAL CENTER IN TAMPA,
              FLORIDA.

    In chapter 3 of the Supplemental Appropriations Act, 2008 (Public
Law 110-252; 122 Stat. 2326), in the matter under the heading
``Department of Veterans Affairs-Departmental Administration-
Construction, Major Projects'', after ``Five Year Capital Plan'' insert
the following: ``and for constructing a new bed tower at the Department
of Veterans Affairs medical center in Tampa, Florida, in lieu of
providing bed tower upgrades at such medical center''.

SEC. 5. AUTHORIZATION OF FISCAL YEAR 2015 MAJOR MEDICAL FACILITY
              PROJECTS.

    (a) Authorization.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects in fiscal year 2015, with
each project to be carried out in an amount not to exceed the amount
specified for that project:
            (1) Construction of a community living center, outpatient
        clinic, renovated domiciliary, and renovation of existing
        buildings in Canandaigua, New York, in an amount not to exceed
        $158,980,000.
            (2) Seismic corrections to the mental health and community
        living center in Long Beach, California, in an amount not to
        exceed $126,100,000.
            (3) Seismic correction of 12 buildings in West Los Angeles,
        California, in an amount not to exceed $70,500,000.
            (4) Construction of a spinal cord injury building and
        seismic corrections in San Diego, California, in an amount not
        to exceed $205,840,000.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2015
or the year in which funds are appropriated for the Construction, Major
Projects, account, a total of $561,420,000 for the projects authorized
in subsection (a).

SEC. 6. PERMANENT AUTHORITY FOR EXPANDED AVAILABILITY OF HOSPITAL CARE
              AND MEDICAL SERVICES FOR VETERANS THROUGH THE USE OF
              AGREEMENTS WITH NON-DEPARTMENT OF VETERANS AFFAIRS
              ENTITIES.

    (a) In General.--Section 101 of the Veterans Access, Choice, and
Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 1701 note) is
amended--
            (1) by striking subsection (p); and
            (2) by redesignating subsections (q) through (s) as
        subsections (p) through (r), respectively.
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subsection (i)(2), by striking ``is authorized to
        carry out this section pursuant to subsection (p)'' and
        inserting ``carries out this section''; and
            (2) in subsection (q)(2), by striking subparagraph (F).

SEC. 7. SENSE OF CONGRESS REGARDING VETERANS CHOICE FUND.

    Section 802(e) of the Veterans Access, Choice, and Accountability
Act of 2014 (Public Law 113-146; 128 Stat. 1803) is amended by striking
``for each of fiscal years 2015 through 2017''.

Summary: Construction Reform, Authorization, and Choice Improvement Act of 2015 This bill requires the Department of Veterans Affairs (VA) to: (1) enter into an agreement with an appropriate non-VA entity to provide full project management services for a super construction project. And (2) use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million . The VA is prohibited from: obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification, obligating funds for a major medical facility project or a super construction project by more than 10 of the amount approved by law unless certain congressional committees each approve the obligation, and using bid savings amounts or funds for other than their original purpose before 30 days after notifying such committees unless each committee approves the obligation. The VA must complete a master plan for each VA medical facility meeting specified requirements to inform investment decisions and funding requests over a 10-year period for construction projects at the facility. The 40-mile distance requirement for a veteran to use a non-VA medical facility under the veterans choice program of the Veterans Access, Choice, and Accountability Act of 2014 means 40 miles calculated on the basis of distance traveled. The VA may carry out the following major medical facility projects in FY2015 : construction of a community living center, outpatient clinic, renovated domiciliary, and renovation of existing buildings in Canandaigua, New York. Seismic corrections to the mental health and community living center in Long Beach, California, seismic correction of 12 buildings in West Los Angeles, California. And construction of a spinal cord injury building and seismic corrections in San Diego, California. VA authority to make medical services and hospital care available for eligible veterans through agreements with non-VA entities shall now be permanent. The sense of Congress regarding the Veterans Choice Fund is revised.


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``National Women's
Rights History Project Act of 2005''.
    (b) Findings.--Congress finds the following:
            (1) The women's rights movement is one of the three great
        protest traditions in United States history, sharing that
        status with the struggle for racial equality and the labor
        movement.
            (2) On July 19, 1848, a group of activists including
        Elizabeth Cady Stanton, Lucretia Mott, and Mary Ann M'Clintock,
        convened the first Women's Rights Convention at Wesleyan Chapel
        in Seneca Falls, New York. During the Convention, 68 women and
        32 men signed the Declaration of Sentiments calling for a broad
        array of rights for women, including suffrage.
            (3) Under the leadership of Elizabeth Cady Stanton and
        Susan B. Anthony, the National American Women Suffrage
        Association (NAWSA) was formed. NAWSA was instrumental in
        securing passage of the 19th amendment, which amended the
        Constitution to give women the right to vote. The 19th
        amendment was passed by Congress on June 4, 1919, and was
        ratified on August 18, 1920.
            (4) Susan B. Anthony formed the Equal Rights Association,
        refuted ideas that women were inferior to men, and fought for
        women's right to vote. She also campaigned for the rights of
        women to own property, to keep their own earnings, and to have
        custody of their children. In 1900, she persuaded the
        University of Rochester to admit women.
            (5) In the late 19th and early 20th centuries, the women's
        movement expanded to also play a critical role in shaping
        policies on economic and social welfare.

SEC. 2. ESTABLISHMENT OF VOTES FOR WOMEN HISTORY TRAIL ROUTE AS FEATURE
              OF WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.

    Title XVI of Public Law 96-607, which established the Women's
Rights National Historical Park, is amended by inserting after section
1601 (16 U.S.C. 410ll) the following new section:

``SEC. 1602. VOTES FOR WOMEN HISTORY TRAIL ROUTE.

    ``(a) Finding.--There is an opportunity for the Women's Rights
National Historical Park in Seneca Falls and Waterloo, New York, to
work in partnership with historically and thematically related
properties in the corridor between Syracuse and Rochester, New York,
including the Susan B. Anthony House, to tell the story of the 72-year
fight for women's suffrage.
    ``(b) Establishment of Trail Route.--The Secretary of the Interior,
acting through the Director of National Park Service, with concurrence
of the agency having jurisdiction over the relevant roads, is
authorized to designate a vehicular tour route, to be known as the
`Votes for Women History Trail Route', to link properties in the State
of New York that are historically and thematically associated with the
struggle for women's suffrage in the United States.
    ``(c) Administration.--The Votes for Women History Trail Route
shall be administered by the National Park Service through the Women's
Rights National Historical Park.
    ``(d) Activities.--To facilitate the establishment of the Votes for
Women History Trail Route and the dissemination of information
regarding the Trail Route, the Secretary shall--
            ``(1) produce and disseminate appropriate educational
        materials regarding the Trail Route, such as handbooks, maps,
        exhibits, signs, interpretive guides, and electronic
        information;
            ``(2) coordinate the management, planning, and standards of
        the auto route in partnership with participating properties,
        other Federal agencies, and State and local governments;
            ``(3) create and adopt an official, uniform symbol or
        device to mark the Votes for Women History Trail Route; and
            ``(4) issue guidelines for the use of such symbol or
        device.
    ``(e) Elements of Trail Route.--The Secretary may designate as an
official stop on the Votes for Women History Trail Route any of the
following properties, subject to the consent of the owner of the
property:
            ``(1) All units and programs of Women's Rights National
        Historical Park that pertain to the struggle for women's
        suffrage.
            ``(2) Other Federal, State, local, and privately owned
        properties that the Secretary determines have a verifiable
        connection to the struggle for women's suffrage.
            ``(3) Other governmental and nongovernmental facilities and
        programs of an educational, commemorative, research, or
        interpretive nature that the Secretary determines to be
        directly related to the struggle for women's suffrage.
    ``(f) Cooperative Agreements and Memoranda of Understanding.--
            ``(1) Authorized.--To facilitate the establishment of the
        Votes for Women History Trail Route and to ensure effective
        coordination of the Federal and non-Federal properties
        designated as stops along the Trail Route, the Secretary is
        authorized to enter into cooperative agreements and memorandums
        of understanding with, and provide technical and financial
        assistance to, other Federal agencies, the State of New York,
        localities, regional governmental bodies, and private entities.
            ``(2) Authorization of appropriations.--There are
        authorized to be appropriated to the Secretary of the Interior
        such sums as are necessary for the period of fiscal year 2006
        through fiscal year 2010 to provide financial assistance to
        cooperating entities pursuant to agreements or memorandums
        entered into under paragraph (1).''.

SEC. 3. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT NATIONAL REGISTRY.

    (a) In General.--The Secretary of the Interior is authorized to
make annual grants to State historic preservation offices for up to 5
years to assist those State historic preservation offices in surveying,
evaluating, and nominating women's rights history properties to the
National Register of Historic Places. The Secretary shall ensure that
the National Register travel itinerary website, ``Places Where Women
Made History'' is updated to contain the results of the inventory and
links to websites related to places on the inventory when such links
are available.
    (b) Eligibility.--When offering grants under subsection (a), the
Secretary shall give priority grants related to properties associated
with the multiple facets of the women's rights movement such as
politics, economics, education, religion, and social and family rights.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this section
such sums as are necessary for the period of fiscal year 2006 through
fiscal year 2010.

SEC. 4. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT PARTNERSHIPS NETWORK.

    (a) In General.--The Secretary of the Interior is authorized to
make matching grants and technical assistance for development of a
network of governmental and nongovernmental entities whose purpose is
to provide interpretive and educational program development of national
women's rights history, including historic preservation. Matching
grants for historic preservation specific to the network may be made
available through State historic preservation offices. The network
shall be managed through a nongovernmental entity, identified by the
Secretary of the Interior through a competitive process. The
nongovernmental managing entity shall work in partnership with the
National Park Service and State historic preservation offices to
coordinate operation of the network.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this section
such sums as are necessary for the period of fiscal year 2006 through
fiscal year 2010.

Summary: National Women's Rights History Project Act of 2005 - Authorizes the Secretary of the Interior to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in New York State that are historically and thematically associated with the struggle for women's suffrage in the United States. Requires the National Park Service to administer the Trail through the Women's Rights National Historical Park . Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for up to five years for assistance in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places. And (2) make matching grants and technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women's rights history, including historic preservation.

To authorize the Secretary of the Interior to establish a commemorative trail route in connection with the Women's Rights National Historical Park to link properties that are historically and thematically associated with the struggle for women's suffrage, and for other purposes.


SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Stop Sweatshops
Act''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The production of garments in violation of minimum
        labor standards burdens commerce and the free flow of goods in
        commerce by spreading and perpetuating labor conditions that
        undermine minimum living standards and by providing an unfair
        means of competition to the detriment of employers who comply
        with the law.
            (2) The existence of working conditions detrimental to fair
        competition and the maintenance of minimum standards of living
        necessary for health, efficiency, and general well-being of
        workers are a continuing and growing problem in the domestic
        garment industry.
            (3) The Congress concurs in the findings of the Comptroller
        General that most sweatshop employers violate the recordkeeping
        requirements of the Fair Labor Standards Act of 1938 and that
        the failure of such employers to maintain adequate records has
        and continues to adversely affect the ability of the Department
        of Labor to collect wages due to workers.
            (4) The amendment of the Fair Labor Standards Act of 1938
        to provide for legal responsibility on the part of
        manufacturers for compliance with such Act's wage and hour,
        child labor, and industrial homework provisions by contractors
        in the garment industry and to provide civil penalties for
        violations of that Act's recordkeeping requirements is
        necessary to promote fair competition and working conditions
        that are not detrimental to the maintenance of health,
        efficiency, and general well-being of workers in the garment
        industry.

SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR
              PROVISIONS IN THE GARMENT INDUSTRY.

    (a) Amendment.--The Fair Labor Standards Act of 1938 is amended by
adding after section 14 the following:

  ``legal responsibility for compliance in the garment industry with
                            sections 6 and 7

    ``Sec. 14A. (a) Every manufacturer engaged in the garment industry
who contracts to have garment manufacturing operations performed by
another person as a contractor--
            ``(1) shall be civilly liable, with respect to those
        garment manufacturing operations, to the same extent as the
        contractor for any violation by the contractor of section 6
        (except for violations of subsection (d)) or 7, for any
        violation by the contractor of the provisions of section 11
        regulating, restricting, or prohibiting industrial homework,
        and for violation by the contractor of section 12; and
            ``(2) shall be subject to the same civil penalties assessed
        against the contractor for violations of such sections.
    ``(b) For purposes of this section:
            ``(1) The term `garment industry' means the designing,
        cutting, sewing, dyeing, washing, finishing, assembling,
        pressing, or otherwise producing men's, women's, children's, or
        infants' apparel, including clothing, knit goods, hats, gloves,
        handbags, hosiery, ties, scarves, and belts, or a section or
        component of apparel, except for pre-manufactured items such as
        buttons, zippers, snaps, and studs, designed or intended to be
        worn by any individual which is to be sold or offered for sale.
            ``(2) The term `manufacturer' means any person who (A)
        contracts, directly or indirectly through an intermediary or
        otherwise, with a contractor to perform the cutting, sewing,
        dyeing, washing, finishing, assembling, pressing, or otherwise
        producing any men's, women's, children's, or infants' apparel,
        including clothing, knit goods, hats, gloves, handbags,
        hosiery, ties, scarves, and belts, or a section or component of
        apparel, except for pre-manufactured items such as buttons,
        zippers, snaps, and studs, designed or intended to be worn by
        any individual which is to be sold or offered for sale,
        including a retailer engaged in such activities, or (B)
        designs, cuts, sews, dyes, washes, finishes, assembles,
        presses, or otherwise produces or is responsible for the
        production of any men's, women's, children's, or infants'
        apparel, including clothing, knit goods, hats, gloves,
        handbags, hosiery, ties, scarves, and belts, or a section or
        component of apparel, except for pre-manufactured items such as
        buttons, zippers, snaps, and studs, designed or intended to be
        worn by any individual which is to be sold or offered for sale.
            ``(3) The term `contractor' means any person who contracts,
        directly or indirectly through an intermediary or otherwise,
        with a manufacturer to perform the cutting, sewing, dyeing,
        washing, finishing, assembling, pressing, or otherwise
        producing any men's, women's, children's, or infants' apparel,
        including clothing, knit goods, hats, gloves, handbags,
        hosiery, ties, scarves, and belts, or a section or component of
        apparel, except for pre-manufactured items such as buttons,
        zippers, snaps, and studs, designed or intended to be worn by
        any individual which is to be sold or offered for sale.
            ``(4) The term `retailer' means any person engaged in the
        sale of apparel to the ultimate consumer for personal use.''.
    (b) Liability to Employees.--Section 16 (29 U.S.C. 216) is
amended--
            (1) in subsection (b), by adding after the first sentence
        the following: ``A manufacturer in the garment industry (as
        defined in section 14A(b)(2)) shall also be jointly and
        severally liable to such an employee to the same extent as the
        contractor in the garment industry (as defined in section
        14A(b)(3)) who employed such employee if the contractor
        violated section 6 (other than subsection (d)) or 7 in the
        production of apparel or components of apparel for such
        manufacturer.'';
            (2) in subsection (b), by inserting in the last sentence
        ``or by a manufacturer in the garment industry'' after ``by an
        employer''; and
            (3) in subsection (c)--
                    (A) by striking ``first sentence'' and inserting
                ``first or second sentences''; and
                    (B) by inserting ``or by a manufacturer in the
                garment industry'' after ``liable''.

SEC. 4. RECORDKEEPING.

    Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the
first sentence the following: ``Any person who fails to establish,
maintain, and preserve payroll records as required under section 11(c)
shall be subject to a civil penalty of not to exceed $1000 for each
employee who was the subject of such a violation. The Secretary may, in
the Secretary's discretion, compute civil penalties under this
subsection for each pay period for willful violations. Any person who
submits fraudulent payroll records to the agencies enforcing this Act
in any of its investigations or hearings or as evidence in a court
action, which records conceal the actual hours of labor worked by
employees or the violation of section 6, 7, 11(d), or 12 shall be
subject to a civil penalty of $10,000 per act of fraud and $15,000 per
act of fraud for a second offense.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the
expiration of 30 days from the date of its enactment.

Summary: Stop Sweatshops Act - Amends the Fair Labor Standards Act of 1938 to make garment industry manufacturers civilly liable for sweatshop conditions maintained by their contractors. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.

Stop Sweatshops Act


SECTION 1. STUDY OF HEALTH EFFECTS OF BACKSCATTER X-RAY MACHINES.

    (a) In General.--The Under Secretary for Science and Technology in
the Department of Homeland Security shall provide for the conduct of an
independent study of the effects on human health caused by the use of
backscatter x-ray machines at airline checkpoints operated by the
Transportation Security Administration.
    (b) Requirements for Study.--
            (1) Conduct.--The study required under subsection (a) shall
        be--
                    (A) initiated not later than 90 days after the date
                of the enactment of this Act;
                    (B) conducted by an independent laboratory selected
                by the Under Secretary, in consultation with the
                National Science Foundation, from among laboratories
                with expertise in the conduct of similar studies; and
                    (C) to the maximum extent practicable, consistent
                with standard evaluations of radiological medical
                equipment.
            (2) Testing equipment.--In conducting the study, the
        laboratory shall, to the maximum extent practicable--
                    (A) use calibration testing equipment developed by
                the laboratory for purposes of study; and
                    (B) use commercially available calibration testing
                equipment as a control.
            (3) Elements.--In conducting the study, the laboratory
        shall, to the maximum extent practicable and consistent with
        recognized protocols for independent scientific testing--
                    (A) dismantle and evaluate one or more backscatter
                x-ray machine used at airline checkpoints operated by
                the Transportation Security Administration in order to
                determine--
                            (i) the placement of testing equipment so
                        that radiation emission readings during the
                        testing of such machines are as accurate as
                        possible; and
                            (ii) how best to measure the dose emitted
                        per scan;
                    (B) determine the failure rates and effects of use
                of such machines;
                    (C) include the use of alternative testing methods
                in the determination of levels of radiation exposure
                (such as an examination of enzyme levels after x-ray
                exposure to determine if there is a biological response
                to cellular damage caused by such an exposure);
                    (D) assess the fail-safe mechanisms of such
                machines in order to determine the optimal operating
                efficacy of such machines;
                    (E) ensure that any tests performed are replicable;
                    (F) obtain peer review of any tests performed; and
                    (G) meet such other requirements as the Under
                Secretary shall specify for purposes of the study.
            (4) Report.--
                    (A) Evaluation.--The Under Secretary shall provide
                for an independent panel, in consultation with the
                National Science Foundation, with expertise in
                conducting similar evaluations, to evaluate the data
                collected under the study to assess the health risks
                posed by backscatter x-ray machines to individuals and
                groups of people screened or affected by such machines,
                including--
                            (i) frequent air travelers;
                            (ii) employees of the Transportation
                        Security Administration;
                            (iii) flight crews;
                            (iv) other individuals who work at an
                        airport; and
                            (v) individuals with greater sensitivity to
                        radiation, such as children, pregnant women,
                        the elderly, and cancer patients.
                    (B) Considerations.--In conducting the evaluation
                under subparagraph (A), the panel shall--
                            (i) conduct a literature review of relevant
                        clinical and academic literature; and
                            (ii) consider the risk of backscatter x-ray
                        technology from a public health perspective in
                        addition to the individual risk to each airline
                        passenger.
                    (C) Reports.--
                            (i) Progress reports.--Not later than 90
                        days after the date of the enactment of this
                        Act, and periodically thereafter until the
                        final report is submitted pursuant to clause
                        (ii), the Under Secretary shall submit a report
                        to Congress that contains the preliminary
                        findings of the study conducted under this
                        subsection.
                            (ii) Final report.--Not later than 90 days
                        after the date on which the panel completes the
                        evaluation required under this paragraph, the
                        Under Secretary shall submit a report to
                        Congress that contains the result of the study
                        and evaluation conducted under this subsection.

SEC. 2. SIGNAGE REQUIREMENT RELATING TO BACKSCATTER X-RAY MACHINES.

    The Administrator of the Transportation Security Administration
shall ensure that large, easily readable signs or equivalent electronic
displays are placed at the front of airline passenger check point
queues where backscatter advanced imaging technology machines are used
for screening to inform airline passengers, particularly passengers who
may be sensitive to radiation exposure, that they may request to
undergo alternative screening procedures instead of passing through a
backscatter x-ray machine.

Summary: Directs the Under Secretary for Science and Technology in the Department of Homeland Security (DHS) to arrange for an independent study of the effects on human health caused by the use of backscatter x-ray machines at airline checkpoints operated by the Transportation Security Administration (TSA). Directs the TSA Administrator to ensure that large, readable signs or equivalent electronic displays are placed at the front of airline passenger check points where backscatter advanced imaging technology machines are used for screening to inform airline passengers that they may request undergoing alternative screening procedures.

A bill to require the Under Secretary for Science and Technology in the Department of Homeland Security to contract with an independent laboratory to study the health effects of backscatter x-ray machines used at airline checkpoints operated by the Transportation Security Administration and provide improved notice to airline passengers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Humanitarian Assistance Facilitation
Act of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The 2011-2012 drought in East Africa, part of a
        persistent weather trend in the region, was exacerbated by
        stagnating agricultural development and unsustainable forms of
        livelihood. Moreover, in Somalia, the hardest hit country in
        the region, the terrorist group al-Shabaab obstructed the
        delivery of humanitarian assistance and directly threatened aid
        agencies. Thus, the famine was a foreseeable and, with
        unimpeded delivery of aid, a preventable event.
            (2) It is estimated that 4 million Somalis were affected by
        the drought and famine in the region and several million remain
        vulnerable to this day. According to the May 2013 report issued
        by the United Nations Food and Agriculture Organization and the
        Famine Early Warning System Network, the Somalia famine
        resulted in 258,000 deaths between October 2010 and April 2012.
        More than half of those deaths were children under the age of
        five.
            (3) Because of laws prohibiting activities that may
        directly or indirectly support terrorist organizations, a
        general or specific license issued by the Department of the
        Treasury's Office of Foreign Assets Control (OFAC) is needed to
        enable United States humanitarian organizations to legally
        provide assistance in al-Shabaab-controlled areas of Somalia
        particularly with respect to activities that require
        interactions or dealings with al-Shabaab.
            (4) The United States Agency for International Development
        (USAID) has an OFAC-specific license to operate in these
        conditions in Somalia that covers the organizations that USAID
        funds, but not organizations that operate with their own
        funding or funding solely from non-United States Government
        sources, and also not the non-United States Government funding
        of organizations that operate with both United States
        Government and non-United States Government funding, unless
        USAID authorizes both types of funding to be covered under such
        OFAC-specific license. Organizations that operate in al-
        Shabaab-controlled areas without such a license can be subject
        to prosecution for violating United States law, at least with
        respect to activities or transactions that involve al-Shabaab,
        even incidentally.
            (5) Prior to OFAC issuing USAID its license, no licenses
        for humanitarian assistance to the people of Somalia were
        issued before the United Nations declared a famine in al-
        Shabaab-controlled areas of Somalia.
            (6) In pursuit of eliminating aid in any form to terrorist
        organizations, Executive orders have had the effect of undoing
        protections for humanitarian operations in areas controlled by
        such organizations previously contained in the International
        Emergency Economic Powers Act (50 U.S.C.1701 et seq.) and
        sections 2339A and 2339B of title 18, United States Code
        (commonly known as the ``Material Support Statutes'').
        Furthermore, the prohibitions contained in such Executive
        orders and the Material Support Statutes discouraged and, in
        some instances, prohibited donors from contributing to aid
        efforts for all of Somalia. In some cases, the unintended
        consequences included preventing humanitarian organizations
        from establishing access to civilians and providing them with
        life-saving aid, while empowering terrorist organizations that
        became the sole conduit of aid.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that humanitarian organizations, acting
in good faith and with the appropriate restrictions and controls in
place, should not be prevented, directly or indirectly by Executive
orders or counterterrorism laws, from accessing and providing aid to
civilian populations before or early on in humanitarian crises, such as
in the famine in al-Shabaab-controlled areas of Somalia.

SEC. 4. AMENDMENTS TO SECTION 203 OF THE INTERNATIONAL EMERGENCY
              ECONOMIC POWERS ACT.

    (a) Additional Exception.--
            (1) In general.--Section 203 of the International Emergency
        Economic Powers Act (50 U.S.C. 1702) is amended--
                    (A) in subsection (b)(2)--
                            (i) by inserting after ``to relieve human
                        suffering'' the following: ``including
                        donations to foreign persons subject to
                        sanctions under this Act in order to achieve
                        such purposes,''; and
                            (ii) by striking ``or'' at the end;
                    (B) by redesignating subsection (c) as subsection
                (d); and
                    (C) by inserting after subsection (b) the
                following:
    ``(c) Additional Exception.--
            ``(1) In general.--The authority granted to the President
        by this section does not include the authority to further
        restrict, by regulation or otherwise, directly or indirectly--
                    ``(A) transactions, by a person subject to the
                jurisdiction of the United States, with a foreign
                person that is subject to sanctions under this Act that
                are customary, necessary, and incidental to the
                donation or provision of goods or services by the
                person subject to the jurisdiction of the United States
                or its foreign representatives to civilian populations
                to prevent or alleviate the suffering of such civilian
                populations, if--
                            ``(i) the person subject to the
                        jurisdiction of the United States has acted in
                        good faith without intent to further the aims
                        or objectives of the foreign person and has
                        used its best efforts to minimize any such
                        transactions;
                            ``(ii) the goods or services provided to
                        the civilian population--
                                    ``(I) are limited to articles such
                                as food, clothing, and medicine; and
                                    ``(II) are not capable of being
                                used to carry out any terrorist
                                activity (as defined in section
                                212(a)(3)(B)(iii) of the Immigration
                                and Nationality Act (8 U.S.C.
                                1182(a)(3)(B)(iii)));
                            ``(iii) the person subject to the
                        jurisdiction of the United States--
                                    ``(I) prior to, or not later than
                                10 business days after, the first
                                instance of entering into any
                                transaction described in this
                                subparagraph, provides to the Secretary
                                of State initial notice summarizing the
                                nature and extent of its operations in
                                connection with providing such goods or
                                services; and
                                    ``(II) at least once each year
                                during which the person enters into any
                                transaction described in this
                                subparagraph, provides to the Secretary
                                of State subsequent notice summarizing
                                the nature and extent of its operations
                                in connection with donating or
                                providing such goods or services; and
                            ``(iv) the person, including any director,
                        officer, or employee of the person, is not the
                        subject of or directly named in any publicly-
                        available debarment, suspension, or Executive
                        order that prohibits receipt of funding from
                        the United States Government; and
                    ``(B) engaging in any speech or communication with
                a foreign person that is subject to sanctions under
                this Act to prevent or alleviate the suffering of a
                civilian population, including speech or communication
                to reduce or eliminate the frequency and severity of
                violent conflict and reducing its impact on the
                civilian population.
            ``(2) Rule of construction.--Nothing contained in paragraph
        (1) shall be construed to authorize the President to prohibit
        the export of standard, commercially-available goods or
        services, including communications equipment, software and
        computers, that are necessary to carry out operations related
        to the provision of goods or services to prevent or alleviate
        the suffering of civilian populations that are under the
        control of a foreign person subject to sanctions under this
        Act.''.
            (2) Effective date.--The amendments made by paragraph (1)
        take effect on the date of enactment of this Act and apply with
        respect to transactions described in section 203(c)(1) of the
        International Emergency Economic Powers Act, as added by
        paragraph (1), entered into on or after such date of enactment.
    (b) Advisory Council To Prevent and Alleviate Human Suffering in
Areas Under the Control of Certain Sanctioned Foreign Persons.--Section
203 of the International Emergency Economic Powers Act (50 U.S.C.1702),
as amended by subsection (a) of this section, is further amended by
adding at the end the following:
    ``(e) Advisory Council To Prevent and Respond to Human Suffering in
Areas Affected by Certain Sanctioned Foreign Persons.--
            ``(1) Establishment.--No later than 90 days after the date
        of enactment of the Humanitarian Assistance Facilitation Act of
        2013, the Secretary of State shall, in consultation with the
        Attorney General, Secretary of Defense, Secretary of the
        Treasury and the Secretary of Commerce, establish an Advisory
        Council on United States Policy Related to Non-Governmental
        Activities to Prevent and Respond to Human Suffering in Areas
        Affected By Certain Sanctioned Foreign Persons (hereafter in
        this subsection referred to as the `Advisory Council').
            ``(2) Membership.--The Advisory Council shall be composed
        of not less than 15 members appointed by the Secretary of State
        from among individuals who are experts in the fields of peace-
        building, humanitarian aid in areas of armed conflict,
        representatives from organizations directly involved in the
        delivery of aid in areas of armed conflict, and other experts
        with relevant expertise as determined by the Secretary of
        State.
            ``(3) Duties.--The Advisory Council shall--
                    ``(A) review existing laws, regulations, Executive
                orders, and administrative actions regulating or
                prohibiting, directly or indirectly, peacebuilding
                activities and the provision of humanitarian aid and
                development assistance in areas under the control of
                foreign persons that are subject to sanctions under
                United States law;
                    ``(B) conduct additional research and study as
                necessary on the subjects of counter-terrorism and
                security measures in relation to the delivery of
                humanitarian aid and development assistance;
                    ``(C) report to the Secretary of State on its
                findings; and
                    ``(D) make recommendations to the Secretary of
                State and other officials described in paragraph (1)
                (as appropriate) on the most efficient and effective
                means of limiting diversion of humanitarian aid and
                development assistance while also preserving the
                impartiality of humanitarian aid and development
                assistance and the ability of humanitarian
                organizations to prevent and relieve human suffering of
                civilian populations.
            ``(4) Termination.--Section 14(a)(2) of the Federal
        Advisory Committee Act (5 U.S.C. App.) (relating to termination
        of advisory committees) shall not apply to the Advisory
        Council.''.

SEC. 5. AMENDMENTS TO SECTION 2339B OF TITLE 18, UNITED STATES CODE.

    (a) Definition of Material Support or Resources.--Section
2339B(g)(4) of title 18, United States Code, is amended by adding at
the end before the semicolon the following: ``, except that such term
does not include engaging in speech or communication with a terrorist
organization to prevent or alleviate the suffering of a civilian
population, including speech or communication to reduce or eliminate
the frequency and severity of violent conflict and reducing its impact
on the civilian population''.
    (b) Additional Exception.--Section 2339B(j) of title 18, United
States Code, is amended--
            (1) by striking ``No person'' and inserting the following:
            ``(1) In general.--No person''; and
            (2) by adding at the end the following:
            ``(2) Additional exception.--No person may be prosecuted
        under this section in connection with knowingly providing
        `material support or resources' to a foreign terrorist
        organization, or attempting or conspiring to do so, if--
                    ``(A) the material support or resources consists
                only of transactions that are customary, necessary, and
                incidental to the donation or provision of goods or
                services by persons who are not controlled by the
                foreign terrorist organization to civilian populations,
                if--
                            ``(i) the goods or services are limited
                        articles such as food, clothing, and medicine
                        intended to be used to relieve human suffering;
                        and
                            ``(ii) the goods or services are not
                        capable of being used to carry out any
                        terrorist activity (as defined in section
                        212(a)(3)(B)(iii) of the Immigration and
                        Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)));
                    ``(B) the person, in donating or providing such
                goods or services to the civilian population, acts in
                good faith without intent to further the aims or
                objectives of the foreign terrorist organization and
                uses its best efforts to minimize any transaction with
                a foreign terrorist organization;
                    ``(C) the person--
                            ``(i) prior to, or not later than 10
                        business days after, the first instance of
                        entering into any transaction described in
                        subparagraph (A), provides to the Secretary of
                        State notice summarizing the nature and extent
                        of its operations in connection with providing
                        such goods or services; and
                            ``(ii) at least once each year during which
                        the person enters into any transaction
                        described in subparagraph (A), provides to the
                        Secretary of State notice summarizing the
                        nature and extent of its operations in
                        connection with providing such goods or
                        services; and
                    ``(D) the person donating or providing such goods
                or services, including any director, officer, or
                employee of the person is not the subject of or
                directly named in any publicly-available debarment,
                suspension, or Executive order that prohibits receipt
                of funding from the Federal Government.''.
            (3) Effective date.--The amendments made by paragraphs (1)
        and (2) take effect on the date of enactment of this Act and
        apply with respect to transactions described in section
        2339B(j)(2) of title 18, United States Code, as added by
        paragraph (2), entered into on or after such date of enactment.

Summary: Humanitarian Assistance Facilitation Act of 2013 - Expresses the sense of Congress that humanitarian organizations acting in good faith and with the appropriate restrictions and controls in place should not be prevented from providing aid to civilian populations before or early on in humanitarian crises, such as in the famine in al-Shabaab-controlled areas of Somalia. Amends the International Emergency Economic Powers Act to permit under specified conditions persons subject to US jurisdiction to enter into transactions with certain sanctioned foreign persons that are customary, necessary, and incidental to the donation or provision of goods or services to prevent or alleviate the suffering of civilian populations. Directs the Secretary of State to establish an Advisory Council on United States Policy Related to Non-Governmental Activities to Prevent and Respond to Human Suffering in Areas Affected By Certain Sanctioned Foreign Persons. Amends the federal criminal code to exclude from the definition of quot, material support or resourcesquot. Engaging in speech or communication with a terrorist organization to prevent or alleviate the suffering of a civilian population, including speech or communication to reduce or eliminate the frequency and severity of violent conflict and reducing its impact on the civilian population.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Readiness through Early
Pell Act of 2016'' or the ``PREP Act of 2016''.

SEC. 2. FEDERAL PELL GRANTS FOR STUDENTS DUALLY OR CONCURRENTLY
              ENROLLED AT AN ELIGIBLE INSTITUTION THAT IS A PUBLIC
              INSTITUTION OF HIGHER EDUCATION AND A SECONDARY SCHOOL.

    (a) Amount and Determinations of Federal Pell Grants.--Section 401
of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended--
            (1) in subsection (a), by inserting ``or is dually or
        concurrently enrolled at an eligible institution that is a
        public institution of higher education and a secondary
        school,'' after ``undergraduate,''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, or the
                period in which the student is dually or concurrently
                enrolled at an eligible institution that is a public
                institution of higher education and a secondary
                school,'' after ``at which the student is in
                attendance''; and
                    (B) in paragraph (4)--
                            (i) by amending subparagraph (A) to read as
                        follows:
            ``(A) is--
                    ``(i) carrying at least one-half the normal full-
                time work load for the course of study the student is
                pursuing, as determined by the institution of higher
                education; and
                    ``(ii) enrolled or accepted for enrollment in a
                postbaccalaureate program that does not lead to a
                graduate degree and courses required by a State in
                order for the student to receive a professional
                certification or licensing credential that is required
                for employment as a teacher in an elementary school or
                secondary school in that State; or'';
                            (ii) by amending subparagraph (B) to read
                        as follows:
            ``(B) demonstrates evidence of a credible disruption or
        redirection in course of study necessitating additional time to
        complete--
                    ``(i) a postsecondary degree; or
                    ``(ii) a recognized postsecondary credential, as
                the term is defined in section 3 of the Workforce
                Innovation and Opportunity Act (29 U.S.C. 3102),''; and
                            (iii) in the undesignated matter at the
                        end, by striking ``except that this paragraph''
                        and inserting ``except that subparagraph (A)''.
    (b) Student Eligibility.--Section 484 of the Higher Education Act
of 1965 (20 U.S.C. 1091) is amended--
            (1) in subsection (a)(1), by inserting ``, except as
        provided in subsection (d)(2)'' after ``secondary school''; and
            (2) in subsection (d)--
                    (A) by redesignating paragraph (2) as paragraph
                (3); and
                    (B) by inserting after paragraph (1) the following
                new paragraph:
            ``(2) Student eligibility for federal pell grants.--In
        order for a student who does not have a certificate of
        graduation from a school providing secondary education, or the
        recognized equivalent of such certificate, and who does not
        meet one of the requirements under paragraph (1), to be
        eligible for assistance under subpart 1 of part A of this
        title, the student shall be dually or concurrently enrolled at
        an eligible institution that is a public institution of higher
        education and a secondary school.''.

SEC. 3. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT PROGRAMS.

    (a) In General.--Subpart 2 of part F of title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.)
is amended by adding at the end the following new section:

``SEC. 8549D. NON-FEDERAL FUNDS FOR DUAL OR CONCURRENT ENROLLMENT
              PROGRAMS.

    ``As a condition of receiving funds under this Act, with respect to
a State educational agency or local educational agency offering a dual
or concurrent enrollment program in partnership with an institution of
higher education and in which a student is receiving a Federal Pell
Grant under subpart 1 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a et seq.) to enroll in such institution as a
participant in such program, such agency may not reduce the funds that,
in the absence of such Federal Pell Grant, would otherwise be made
available from State or local sources for such program.''.
    (b) Technical Amendment.--The table of contents of the Elementary
and Secondary Education Act of 1965 is amended by inserting after the
item relating to section 8549C the following new item:

``Sec. 8549D. Non-Federal funds for dual or concurrent enrollment
                            programs.''.

SEC. 4. REGULATIONS.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Education shall prescribe
regulations requiring that a secondary school offering a dual or
concurrent enrollment program shall--
            (1) consult with teachers and school administrators,
        including secondary school career and guidance counseling
        staff, to ensure that the enrollment of a student in such
        program is a component of a personalized learning plan for the
        student that is based on the academic and career goals of the
        student;
            (2) provide information to teachers, school administrators,
        faculty and staff of the post-secondary institution, students,
        and the families of such students regarding the standards of
        the post-secondary institution and the effect that enrollment
        in such program will have on the eligibility of a student for
        Federal financial aid; and
            (3) submit an annual report to the Secretary that includes
        the following:
                    (A) The total number and percentage of students who
                enroll in and subsequently complete courses of study at
                a public institution of higher education through the
                dual or concurrent enrollment program.
                    (B) The number of postsecondary credits earned by
                students while enrolled in the dual or concurrent
                enrollment program that may be applied toward a
                postsecondary degree or a recognized postsecondary
                credential.
                    (C) The percentage of students who enroll in an
                institution of higher education after graduation from
                the secondary school.
                    (D) The percentage of students who concurrently
                earn a secondary school diploma and an associate
                degree.
                    (E) The percentage of students who concurrently
                earn a secondary school diploma and a recognized
                postsecondary credential.
    (b) Definitions.--In this section:
            (1) ESEA terms.--The terms ``dual or concurrent enrollment
        program'' and ``secondary school'' have the meanings given
        those terms, respectively, in section 8101 of the Elementary
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001).
            (3) Recognized postsecondary credential.--The term
        ``recognized postsecondary credential'' has the meaning given
        such term in section 3 of the Workforce Innovation and
        Opportunity Act (29 U.S.C. 3102).

Summary: Promoting Readiness through Early Pell Act of 2016 or the PREP Act of 2016 This bill amends the Higher Education Act of 1965 by allowing a Federal Pell Grant to be awarded to a student who is dually or concurrently enrolled at a public institution of higher education and a secondary school.

PREP Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Pharmacy Protection Act
of 2006''.

SEC. 2. IMPROVING MEDICARE PRESCRIPTION DRUG PLAN PAYMENTS TO
              PHARMACIES.

    (a) In General.--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:
            ``(4) Payments to pharmacies.--
                    ``(A) In general.--Each contract entered into with
                a PDP sponsor under this section with respect to a
                prescription drug plan offered by such sponsor shall
                provide for the following:
                            ``(i) Availability of direct deposit
                        payments.--The option for any participating
                        pharmacy to elect for the plan to make payments
                        by direct deposits to the pharmacy for covered
                        part D drugs dispensed through the pharmacy.
                            ``(ii) Increased dispensing fee for generic
                        drugs.--The payment of dispensing fees by the
                        plan to each participating pharmacy for covered
                        part D drugs dispensed through the
                        participating pharmacy, in accordance with
                        subparagraph (B).
                            ``(iii) Payments within 10 days for certain
                        pharmacies.--In the case of a participating
                        pharmacy that is not part of a chain of
                        pharmacies that consists of more than three
                        pharmacies at different locations, payment with
                        respect to any non-disputed claim (as defined
                        in subparagraph (C)) for a covered part D drug
                        dispensed through the pharmacy to be made by
                        the plan to the pharmacy in full by a date that
                        is not more than 10 days after the date on
                        which the claim is received by the plan.
                    ``(B) Payment of dispensing fees to encourage use
                of generic drugs.--
                            ``(i) In general.--For purposes of
                        subparagraph (A)(ii) and subject to clauses
                        (ii) and (iii), with respect to a generic
                        covered part D drug that is therapeutically
                        equivalent and bioequivalent to a brand name
                        drug that is a covered part D drug dispensed
                        through a participating pharmacy, the amount of
                        the dispensing fee paid to the pharmacy for the
                        generic covered part D drug shall be an amount
                        that is at least 50 percent greater than the
                        amount of the dispensing fee for the brand name
                        drug.
                            ``(ii) Cap on amount of dispensing fees for
                        generic drugs.--For purposes of subclause (i),
                        the amount of the dispensing fee paid to a
                        participating pharmacy for a generic covered
                        part D drug shall not be more than $10.
                            ``(iii) Safe harbor for brand name drug
                        dispensing fee amounts.--
                                    ``(I) In general.--For purposes of
                                clause (i) and subject to subclause
                                (II), a prescription drug plan under
                                this section shall not decrease the
                                amount of the dispensing fee paid by
                                the plan to a participating pharmacy
                                for a brand name drug described in such
                                clause to an amount that is less than
                                the amount of the dispensing fee paid
                                by such plan to such pharmacy for such
                                drug on the date of the enactment of
                                the `Independent Pharmacy Protection
                                Act of 2006'.
                                    ``(II) Exception.--The Secretary
                                may waive the prohibition under
                                subclause (I) with respect to a
                                dispensing fee paid by a prescription
                                drug plan for a brand name drug, as the
                                Secretary determines appropriate.
                    ``(C) Non-disputed claim defined.--For purposes of
                subparagraph (A)(iii), a `non-disputed claim' means a
                claim that has no defect or impropriety or particular
                circumstance requiring special treatment that prevents
                timely payment from being made under this part.''.
    (b) Application to MA-PD Plans.--Section 1857(e) of such Act (42
U.S.C. 1395w-27(e)) is amended by adding at the end the following new
paragraph:
            ``(4) Incorporation of prescription drug plan contract
        requirements for pharmacy payments.--The provisions of section
        1860D-12(b)(4) shall apply to contracts with a Medicare
        Advantage organization in the same manner as they apply to
        contracts with a PDP sponsor offering a prescription drug plan
        under part D.''.
    (c) Effective Date.--The amendments made by this Act shall apply to
plan years beginning on or after the date of the enactment of this Act.

Summary: Independent Pharmacy Protection Act of 2006 - Amends part D of title XVIII (Medicare) of the Social Security Act to require each prescription drug plan contract entered into with a plan sponsor to provide for: (1) the availability of direct deposit payments, (2) an increased dispensing fee for generic drugs. And (3) payments within 10 days for certain pharmacies. Requires the dispensing fee paid to a participating pharmacy for a generic covered part D drug therapeutically equivalent and bioequivalent to a brand name covered part D drug dispensed through the pharmacy to be at least 50 greater than the dispensing fee for the brand name drug. Limits to $10 the dispensing fee paid to a participating pharmacy for a generic covered part D drug. Prohibits a prescription drug plan, subject to exception by the Secretary of Health and Human Services, from decreasing the dispensing fee paid to a participating pharmacy for a brand name drug to an amount less than the dispensing fee paid for it on the date of enactment of this Act. Applies this Act to contracts with a Medicare Advantage organization in the same manner as they apply to those with a prescription drug plan sponsor.

To amend title XVIII of the Social Security Act to improve payments made by prescription drug plans and MA-PD plans to pharmacies for covered part D drugs dispensed through such pharmacies.