SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighting Medicare Payment Fraud Act
of 2009''.

SEC. 2. EXTENSION OF NUMBER OF DAYS IN WHICH MEDICARE CLAIMS ARE
              REQUIRED TO BE PAID IN ORDER TO PREVENT OR COMBAT FRAUD,
              WASTE, OR ABUSE.

    (a) Part A Claims.--Section 1816(c)(2) of the Social Security Act
(42 U.S.C. 1395h(c)(2)) is amended--
            (1) in subparagraph (B)(ii)(V), by striking ``with
        respect'' and inserting ``subject to subparagraph (D), with
        respect''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D)(i) Upon a determination by the Secretary that
                there is a likelihood of fraud, waste, or abuse
                involving a particular category of providers of
                services or suppliers, categories of providers of
                services or suppliers in a certain geographic area, or
                individual providers of services or suppliers, the
                Secretary shall extend the number of calendar days
                described in subparagraph (B)(ii)(V) to--
                            ``(I) up to 365 calendar days with respect
                        to claims submitted by--
                                    ``(aa) categories of providers of
                                services or suppliers; or
                                    ``(bb) categories of providers of
                                services or suppliers in a certain
                                geographic area; or
                            ``(II) such time that the Secretary
                        determines is necessary to ensure that the
                        claims with respect to individual providers of
                        services or suppliers are clean claims.
                    ``(ii) During the extended period of time under
                subclauses (I) and (II) of clause (ii), the Secretary
                shall engage in heightened scrutiny of claims, such as
                prepayment review and other methods the Secretary
                determines to be appropriate.
                    ``(iii) Not later than 90 days after the date of
                enactment of this subparagraph and not less than
                annually thereafter, the Inspector General of the
                Department of Health and Human Services shall submit to
                the Secretary a report containing recommendations with
                respect to the application of this subparagraph and
                section 1842(c)(2)(D). Not later than 60 days after
                receiving such a report, the Secretary shall submit to
                the Inspector General a written response to the
                recommendations contained in the report.
                    ``(iv) There shall be no administrative or judicial
                review under section 1869, section 1878, or otherwise
                of the implementation of this subparagraph by the
                Secretary.''.
    (b) Part B Claims.--Section 1842(c)(2) of the Social Security Act
(42 U.S.C. 1395u(c)(2)) is amended--
            (1) in subparagraph (B)(ii)(V), by striking ``with
        respect'' and inserting ``subject to subparagraph (D), with
        respect''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D)(i) Upon a determination by the Secretary that
                there is a likelihood of fraud, waste, or abuse
                involving a particular category of providers of
                services or suppliers, categories of providers of
                services or suppliers in a certain geographic area, or
                individual providers of services or suppliers, the
                Secretary shall extend the number of calendar days
                described in subparagraph (B)(ii)(V) to--
                            ``(I) up to 365 calendar days with respect
                        to claims submitted by--
                                    ``(aa) categories of providers of
                                services or suppliers; or
                                    ``(bb) categories of providers of
                                services or suppliers in a certain
                                geographic area; or
                            ``(II) such time that the Secretary
                        determines is necessary to ensure that the
                        claims with respect to individual providers of
                        services or suppliers are clean claims.
                    ``(ii) During the extended period of time under
                subclauses (I) and (II) of clause (ii), the Secretary
                shall engage in heightened scrutiny of claims, such as
                prepayment review and other methods the Secretary
                determines to be appropriate.
                    ``(iii) There shall be no administrative or
                judicial review under section 1869, section 1878, or
                otherwise of the implementation of this subparagraph by
                the Secretary.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall
        take effect on the day that is 6 months after the date of the
        enactment of this Act.
            (2) Expediting implementation.--The Secretary shall
        promulgate regulations to carry out the amendments made by this
        section which may be effective and final immediately on an
        interim basis as of the date of publication of the interim
        final regulation. If the Secretary provides for an interim
        final regulation, the Secretary shall provide for a period of
        public comment on such regulation after the date of
        publication. The Secretary may change or revise such regulation
        after completion of the period of public comment.

Summary: Fighting Medicare Payment Fraud Act of 2009 - Amends title XVIII (Medicare) to require the Secretary of Health and Human Services (HHS) to extend to up to 365 calendar days for particular categories of service providers or suppliers the number of days in which Medicare claims are required to be paid in order to ensure that they are clean claims. Limits such extension to categories of service providers or suppliers, such categories in a certain geographic area, or individual service providers or suppliers about which the Secretary has determined that there is a likelihood of fraud, waste, or abuse involving them.

A bill to amend title XVIII of the Social Security Act to prevent Medicare payments being lost to fraud, waste, or abuse.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bioterror and Pandemic Preparedness
Protection Act''.

SEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
              COUNTERMEASURES.

    Part B of title III of the Public Health Service Act is amended by
inserting after section 319F-2 (42 U.S.C. 247d-6b) the following:

``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
              SECURITY COUNTERMEASURES.

    ``(a) Authority.--The Secretary shall be solely and exclusively
responsible for the administration of this section. This section shall
apply with respect to the design, development, clinical testing and
investigation, manufacture, labeling, distribution, sale, purchase,
donation, dispensing, administration, or use of a security
countermeasure or a qualified pandemic or epidemic product.
    ``(b) Litigation Management.--
            ``(1) Federal cause of action.--
                    ``(A) In general.--There shall exist an exclusive
                Federal cause of action for all claims arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, and use of a qualified
                pandemic or epidemic product or a security
                countermeasure as provided for in clauses (i) and (ii)
                of paragraph (2)(B).
                    ``(B) Action.--With respect to the Federal cause of
                action provided in subparagraph (A)--
                            ``(i) an action may be commenced solely and
                        exclusively against the United States for
                        claims identified in subparagraph (A) that are
                        against a manufacturer, distributor, or health
                        care provider;
                            ``(ii) no cause of action shall be
                        maintained against a manufacturer, distributor,
                        or health care provider for claims identified
                        in subparagraph (A); and
                            ``(iii) for products subject to designation
                        by the Secretary as provided for in clause (ii)
                        of paragraph (2)(B), the protections set forth
                        in clauses (i) and (ii) shall apply to all
                        claims identified in subparagraph (A) that
                        involve products sold, purchased, donated,
                        dispensed, or administered during the effective
                        period set forth in the designation provided
                        for in paragraph (2)(F), regardless of the date
                        of alleged injury.
                    ``(C) Jurisdiction.--The United States District
                Court for the District of Columbia shall have sole and
                exclusive jurisdiction over any claim for loss of
                property, personal injury, or death arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use of a qualified
                pandemic or epidemic product or security countermeasure
                as provided for in clauses (i) and (ii) of paragraph
                (2)(B).
            ``(2) Affirmative defense.--
                    ``(A) In general.--There shall be a rebuttable
                presumption that the Federal Government is immune from
                liability in an action described in subparagraph (B).
                    ``(B) Action described.--An action described in
                this subparagraph is an action that is commenced
                against the United States for claims arising out of,
                relating to, or resulting from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use of--
                            ``(i) a security countermeasure that has
                        been procured for the National Strategic
                        Stockpile under section 319F-2 or a qualified
                        pandemic or epidemic product that has been
                        procured by the Secretary; or
                            ``(ii) a security countermeasure or
                        qualified pandemic or epidemic product in
                        anticipation of and preparation for, in defense
                        against, or in response or recovery to an
                        actual or potential public health emergency,
                        that is a security countermeasure or is
                        designated as a qualified pandemic or epidemic
                        product by the Secretary after the Secretary
                        declared a public health emergency as described
                        in paragraph (1) or (2) of section 319(a).
                    ``(C) Rebuttability.--
                            ``(i) In general.--The presumption
                        described in subparagraph (A) shall be overcome
                        by a determination by the Secretary as provided
                        for in subparagraph (D).
                            ``(ii) Investigation by secretary.--A party
                        seeking a determination under subparagraph (D)
                        may petition the Secretary to investigate
                        claims against a manufacturer, distributor,
                        dispenser, or health care provider arising out
                        of, relating to, or resulting from the design,
                        development, clinical testing and
                        investigation, manufacture, labeling,
                        distribution, sale, purchase, donation,
                        dispensing, administration, or use of products
                        as provided for in clauses (i) and (ii) of
                        subparagraph (B). The decision to undertake
                        such investigation shall be within the
                        Secretary's discretion and shall not be subject
                        to judicial review.
                    ``(D) Determination by secretary.--
                            ``(i) In general.--In making a
                        determination under this subparagraph, the
                        Secretary must find clear and convincing
                        evidence that the manufacturer, distributor, or
                        health care provider intentionally or with
                        willful disregard violated a provision of the
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C.
                        301 et seq.) or this Act and such violation--
                                    ``(I) caused the product to present
                                a significant risk to health; and
                                    ``(II) proximately caused the
                                injury alleged by the petitioner.
                            ``(ii) Notice and hearing.--Prior to the
                        Secretary's making a determination under clause
                        (i), the manufacturer, distributor, dispenser,
                        or health care provider shall have notice and a
                        right to a formal hearing in accordance with
                        section 556 of title 5, United States Code.
                            ``(iii) Judicial review.--At any time prior
                        to the 90th day following a determination by
                        the Secretary under clause (i) of this
                        subparagraph, any manufacturer, distributor, or
                        health care provider who will be adversely
                        affected by such determination may file a
                        petition with the United States Court of
                        Appeals for the circuit wherein such person
                        resides or has his principal place of business,
                        for a judicial review of such determination. A
                        copy of the petition shall be forthwith
                        transmitted by the clerk of the court to the
                        Secretary or other officer designated by the
                        Secretary for that purpose. The Secretary
                        thereupon shall file in the court the record of
                        the findings on which the Secretary based his
                        or her determination. The filing of a petition
                        under this clause shall automatically stay the
                        Secretary's determination for the duration of
                        the judicial proceeding. The sole parties to
                        the judicial proceeding shall be the Secretary
                        and the petitioner. Intervention by third
                        parties in the judicial proceeding shall not be
                        permitted. No subpoenas shall be issued nor
                        shall other compulsory process apply. The
                        court's review of a determination by the
                        Secretary under this clause shall conform to
                        the procedures for judicial review of
                        administrative orders set forth in paragraphs
                        (2) through (6) of section 371(f) of title 21,
                        United States Code, to the extent consistent
                        with this section.
                    ``(E) Scope.--The presumption under subparagraph
                (A) shall apply regardless of whether the claim against
                the United States arises from the design, development,
                clinical testing and investigation, manufacture,
                labeling, distribution, sale, purchase, donation,
                dispensing, administration, or use by the Federal
                Government or by non-Federal Government customers.
                    ``(F) Designation.--In any declaration of a public
                health emergency under section 319, the Secretary shall
                identify the pandemic, epidemic, or biological,
                chemical, nuclear agent, or toxin that presents, or may
                present, a public health emergency and shall designate
                the security countermeasure(s) or qualified pandemic or
                epidemic product(s) to be sold by, purchased from, or
                donated by a manufacturer or drawn from the National
                Strategic Stockpile and shall specify in such
                designation the beginning and ending dates of such
                sale, purchase, donation, or use from the stockpile.
                The period so defined shall be the effective period of
                such qualification for any products specified in the
                designation. The declaration shall subsequently be
                amended to reflect any additional sale, purchase, or
                donation of products specified in the designation.
    ``(c) Definitions.--In this section:
            ``(1) Health care provider.--The term `health care
        provider' means a person, including a volunteer, who lawfully
        prescribes, administers, dispenses, or provides a facility to
        administer a security countermeasure or a qualified pandemic or
        epidemic product, including persons who prescribe, administer,
        or provide a facility to administer in accordance with a
        designation under subsection (b)(2)(F).
            ``(2) Loss.--The term `loss' means death, bodily injury, or
        loss of or damage to property, including business interruption
        loss.
            ``(3) Non-federal government customers.--The term `non-
        Federal Government customers' means any customer of a
        manufacturer that is not an agency or instrumentality for the
        United States Government with authority under Public Law 85-804
        to provide for indemnification under certain circumstances for
        third-party claims against its contractors, including a State,
        a local authority, a private entity, a health care provider, or
        an individual.
            ``(4) Qualified pandemic or epidemic product.--The term
        `qualified pandemic or epidemic product' means a drug (as such
        term is defined in section 201(g)(1) of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as
        such term is defined by section 351(i) of this Act) or device
        (as such term is defined by section 201(h) of the Federal food,
        Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed,
        modified, or procured to diagnose, mitigate, prevent, treat, or
        cure a pandemic or epidemic or limit the harm such pandemic or
        epidemic might otherwise cause or a serious or life-threatening
        disease or condition caused by such a product, that--
                    ``(A) is approved or cleared under chapter V of the
                Federal Food, Drug, and Cosmetic Act or licensed under
                section 351 of this Act;
                    ``(B) is a product for which the Secretary
                determines that sufficient and satisfactory clinical
                experience or research data (including data, if
                available, from pre-clinical and clinical trials)
                support a reasonable conclusion that the countermeasure
                will qualify for approval or licensing within 8 years
                after the date the Secretary declares a public health
                emergency as described in paragraph (1) or (2) of
                section 319(a); or
                    ``(C) is authorized by the Secretary under this
                section, except that the Secretary may authorize under
                this section the emergency use of a product only if,
                after consultation with the Director of the National
                Institutes of Health and the Director of the Centers
                for Disease Control and Prevention (to the extent
                feasible and appropriate given the circumstances of the
                emergency involved), the Secretary concludes--
                            ``(i) that an agent or toxin identified in
                        a declaration described under subsection (b)
                        can cause a serious or life-threatening disease
                        or condition;
                            ``(ii) that, based on the totality of the
                        scientific evidence available to the Secretary,
                        including data from adequate and well-
                        controlled clinical trials, if available, it is
                        reasonable to believe that--
                                    ``(I) the product may be effective
                                in diagnosing, mitigating, preventing,
                                treating or curing--
                                            ``(aa) a pandemic or
                                        epidemic; or
                                            ``(bb) a serious or life-
                                        threatening disease or
                                        condition caused by a product;
                                        and
                                    ``(II) the known and potential
                                benefits of the product, when used to
                                diagnose, mitigate, prevent, treat or
                                cure such disease or condition,
                                outweigh the known and potential risks
                                of the product;
                            ``(iii) that there is no adequate,
                        approved, and available alternative to the
                        product for diagnosing, mitigating, preventing,
                        treating or curing such disease or condition;
                        and
                            ``(iv) that such other criteria as the
                        Secretary may by regulation prescribe are
                        satisfied.
            ``(5) Security countermeasure.--The term `security
        countermeasure' has the meaning given such term in section
        319F-2(c)(1)(B).''.

SEC. 3. TECHNICAL AMENDMENT.

    Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d
(a)(1)) is amended by inserting ``, or may present,'' after
``present''.

Summary: Bioterror and Pandemic Preparedness Protection Act - Amends the Public Health Service Act to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure. Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the US District Court for the District of Columbia. Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for the National Strategic Stockpile. (2) a qualified pandemic or epidemic product that has been procured by the Secretary of Health and Human Services. Or (3) a security countermeasure or designated qualified pandemic or epidemic product relating to an actual or potential public health emergency. Allows a party to petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or heath care provider. Disallows judicial review of the Secretary's decision as to whether to undertake such an investigation. Declares that the immunity presumption shall be overcome by a determination by the Secretary, by finding clear and convincing evidence, that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or this Act and that such violation: (1) caused the product to present a significant health risk, and (2) proximately caused the injury alleged by the petitioner.

A bill to amend the Public Health Service Act to provide protections for first responders.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urban Flooding Awareness Act of
2014''.

SEC. 2. URBAN FLOODING DEFINED.

    (a) In General.--In this Act, the term ``urban flooding'' means the
inundation of property in a built environment, particularly in more
densely populated areas, caused by rain falling on increased amounts of
impervious surface and overwhelming the capacity of drainage systems,
such as storm sewers.
    (b) Inclusions.--In this Act, the term ``urban flooding''
includes--
            (1) situations in which stormwater enters buildings through
        windows, doors, or other openings;
            (2) water backup through sewer pipes, showers, toilets,
        sinks, and floor drains;
            (3) seepage through walls and floors;
            (4) the accumulation of water on property or public rights-
        of-way; and
            (5) the overflow from water bodies, such as rivers and
        lakes.
    (c) Exclusion.--In this Act, the term ``urban flooding'' does not
include flooding in undeveloped or agricultural areas.

SEC. 3. URBAN FLOODING STUDY.

    (a) Agreement With National Research Council.--The Administrator of
the Federal Emergency Management Agency shall enter into an agreement
with the National Research Council under which the National Research
Council will conduct a study on urban flooding in accordance with the
requirements of this section.
    (b) Contents.--
            (1) General review and evaluation.--In conducting the
        study, the National Research Council shall review and evaluate
        the latest available research, laws, regulations, policies,
        best practices, procedures, and institutional knowledge
        regarding urban flooding.
            (2) Specific issue areas.--The study shall include, at a
        minimum, an examination of the following:
                    (A) The prevalence and costs associated with urban
                flooding events across the United States, with a focus
                on the largest metropolitan areas and any clear trends
                in frequency and severity over the past 2 decades.
                    (B) The adequacy of existing federally provided
                flood risk information and the most cost-effective
                methods and products to identify, map, or otherwise
                characterize the risk of property damage from urban
                flooding on a property-by-property basis, whether or
                not a property is in or adjacent to a 1-percent (100-
                year) flood plain, and the potential for training and
                certifying local experts in flood risk characterization
                as a service to property purchasers and owners and
                their communities.
                    (C) The causes of urban flooding and its apparent
                increase over the past 20 years, including the impacts
                of--
                            (i) global climate change;
                            (ii) increasing urbanization and the
                        associated increase in impervious surfaces; and
                            (iii) undersized, deteriorating and
                        otherwise ineffective stormwater
                        infrastructure.
                    (D) The most cost-effective strategies, practices,
                and technologies used to reduce the impacts of urban
                flooding, with a focus on decentralized, easy-to-
                install, and low-cost approaches, such as nonstructural
                and natural infrastructure on public and private
                property. The examination under this subparagraph shall
                include an assessment of opportunities for implementing
                innovative strategies and practices on government-
                controlled land, such as Federal, State, and local
                roads, parking lots, alleys, sidewalks, buildings,
                recreational areas, and open space.
                    (E) The role of the Federal Government and State
                governments, as conveners, funders, and advocates, in
                spurring market innovations based on public-private-
                nonprofit partnerships. Such innovations may include
                smart home technologies for improved flood warning
                systems connected to high-resolution weather forecast
                data and Internet- and cellular-based communications
                systems.
                    (F) The most sustainable and effective methods for
                funding flood risk and flood damage reduction at all
                levels of government, including--
                            (i) the potential for establishing a State
                        revolving fund program for flood prevention
                        projects similar to the revolving fund programs
                        under the Federal Water Pollution Control Act
                        and the Safe Drinking Water Act;
                            (ii) stormwater fee programs using
                        impervious surface as the basis for fee rates
                        and providing credits for the installation of
                        flood prevention or other stormwater management
                        features;
                            (iii) grant programs; and
                            (iv) public-private partnerships.
                    (G) Information and education strategies and
                practices, including nontraditional approaches such as
                the use of social media, for community leaders,
                government staff, and property owners on--
                            (i) flood risks;
                            (ii) flood risk reduction strategies and
                        practices; and
                            (iii) the availability and effectiveness of
                        different types of flood insurance policies.
                    (H) The relevance of the National Flood Insurance
                Program and Community Rating System to urban flooding
                areas outside traditional flood plains, and strategies
                for broadening coverage and increasing participation
                under the programs.
                    (I) Strategies for protecting downstream
                communities from the flooding impacts of development in
                upstream communities, including a review of--
                            (i) potential standards for watershed-wide
                        flood protection planning; and
                            (ii) the potential establishment of
                        streamlined legal processes for victims of
                        flood damage, to avoid the need for expensive
                        litigation.
    (c) Consultation.--The Administrator of the Federal Emergency
Management Agency shall carry out this section in consultation with the
Secretary of the Army (acting through the Chief of Engineers), the
Secretary of Housing and Urban Development, the Administrator of the
Environmental Protection Agency, and State, regional, and local
stormwater management agencies, and such other interested parties as
the Administrator of the Federal Emergency Management Agency considers
appropriate.
    (d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Financial Services
and the Committee on Appropriations of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate a report containing the findings of the
National Research Council based on the results of the study, including
recommendations for implementation of strategies, practices, and
technologies relating to urban flooding by Congress and the executive
branch.

Summary: Urban Flooding Awareness Act of 2014 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to enter into an agreement with the National Research Council to conduct a study on urban flooding. Defines quot, urban floodingquot. As the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems. Directs the Council to evaluate the latest research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. Requires the Council's study to include an examination of: the prevalence of and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and trends in frequency and severity over the past two decades. The adequacy of federally provided flood risk information and the most cost-effective methods and products to characterize the risk of property damage from urban flooding on a property-by-property basis. The potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners. The causes of urban flooding and its apparent increase over the past 20 years. The most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding. The role of the federal government and state governments in spurring market innovations based on public-private-nonprofit partnerships. The most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government. The relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains and strategies for broadening coverage and increasing participation under the Program. And strategies for protecting downstream communities from the flooding impacts of development in upstream communities.

Urban Flooding Awareness Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Access to Child Care for
Homeless Families Act of 2012''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Child and youth homelessness has increased by 38
        percent during the period since 2006, and Head Start programs
        have registered a 44 percent increase in the number of homeless
        children served over that same period.
            (2) Among homeless children living in shelters supported by
        the Department of Housing and Urban Development, 50 percent are
        under 5 years old.
            (3) A 2010 study by the Eunice Kennedy Shriver National
        Institute of Child Health and Human Development found that
        children who had received high-quality care in the first few
        years of life scored higher on measures of academic and
        cognitive achievement when the children were 19 years old, and
        were less likely to misbehave, than children who had been
        enrolled in low-quality care in those years.
            (4) Homelessness has a negative impact on child development
        that surpasses the harmful impacts of poverty. A Head Start
        demonstration project serving homeless families indicated that
        the homeless children served had more instances of
        developmental delay, learning disabilities, and physical or
        mental health problems, compared with their low-income peers in
        stable housing.
            (5) For homeless families, residential instability, high
        mobility, documentation requirements, and lack of
        transportation are significant obstacles to accessing and
        retaining child care services.
            (6) According to a study by the Institute for Children,
        Poverty, and Homelessness, homeless families are less likely to
        receive government financial assistance for child care than
        families that are not homeless.
            (7) Without child care, homeless parents of young children
        struggle to search for employment, maintain employment, and
        enter job training programs.
            (8) Many parents who are domestic violence survivors who
        flee their homes try to find employment, but the parents are
        often limited by a lack of child care. In a survey of nearly
        1,500 domestic violence survivors in domestic violence
        shelters, 29 percent indicated that they needed help with child
        care.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1)(A) Congress has enacted successful policies to increase
        homeless children's access to and stability in public
        elementary and secondary schools and Head Start programs; and
            (B) in order to increase homeless families' access to and
        continuity in child care, similar policies should be applied to
        Federal child care programs; and
            (2) such policies will assist homeless parents in
        maintaining employment and regaining housing, and will provide
        critical interventions to support that vulnerable population of
        children.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure access to high-quality child
care for homeless children and families.

SEC. 4. CHILD CARE FOR HOMELESS CHILDREN.

    (a) Lead Agency Duties.--Section 658D(b)(1)(D) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)(D)) is
amended by striking ``Federal, State and local child care and early
childhood development programs.'' and inserting ``Federal, State, and
local child care, early childhood development, and social service
programs that shall include--
            ``(1) Head Start and Early Head Start programs under the
        Head Start Act (42 U.S.C. 9831 et seq.);
            ``(2) programs, and services of partners, that serve
        vulnerable populations, including programs serving homeless
        children and services of local educational agency liaisons for
        homeless children and youths designated under subsection
        (g)(1)(J)(ii) of section 722 of the McKinney-Vento Homeless
        Assistance Act (42 U.S.C. 11432); and
            ``(3) programs, and services of entities receiving grants,
        to provide to homeless veterans services authorized under
        chapter 20 of title 38, United States Code, consisting of
        housing, employment-related services (such as services under
        section 2021 or 2021A of such title), or supportive services
        (such as services authorized under section 2044 of such
        title).''.
    (b) Plan Requirements.--Section 658E(c) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (D), by inserting ``, Head
                Start and Early Head Start agencies under the Head
                Start Act (42 U.S.C. 9831 et seq.), State Coordinators
                designated under subsection (d)(3), and local
                educational agency liaisons for homeless children and
                youths designated under subsection (g)(1)(J)(ii), of
                section 722 of the McKinney-Vento Homeless Assistance
                Act (42 U.S.C. 11432), local educational agencies and
                providers of early intervention services under the
                Individuals with Disabilities Education Act (20 U.S.C.
                1400 et seq.),'' after ``children'';
                    (B) in subparagraph (F)(i), by striking the
                semicolon and inserting ``and the establishment of a
                grace period that allows homeless children to receive
                services under this subchapter while their families are
                taking any necessary action to comply with immunization
                and other health and safety requirements;''; and
                    (C) in subparagraph (H)--
                            (i) by striking ``and families'' and
                        inserting ``families''; and
                            (ii) by inserting ``, and families of
                        homeless children'' before the period;
            (2) in paragraph (3)(B)--
                    (A) by inserting ``activities that improve access
                to such services (including transportation to child
                care services, procedures to permit immediate
                enrollment of homeless children while required
                documentation is obtained, training and technical
                assistance on identifying and serving homeless children
                and their families, and specific outreach to families
                described in paragraph (2)(H)),'' after ``availability
                of such services,''; and
                    (B) by inserting ``, to homeless children,'' after
                ``family size)''; and
            (3) in paragraph (5), by adding at the end the following:
        ``Each sliding fee scale shall be applied using measures to
        ensure that cost sharing is not a barrier to the enrollment of
        families of homeless children.''.
    (c) Access and Outreach to Families of Homeless Children.--Section
658G of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858e) is amended--
            (1) by inserting ``(such as resource and referral
        services)'' after ``and activities''; and
            (2) by striking ``(such as resource and referral
        services).'' and inserting ``, including developing strategies
        and partnerships to provide transportation to child care
        services and specific outreach to families described in section
        658E(c)(2)(H)).'' after ``availability of child care''.
    (d) Reports.--Section 658K(a)(1)(B) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i(a)(1)(B)) is
amended--
            (1) in clause (ix), by striking ``and'' at the end;
            (2) in clause (x), by adding ``and'' at the end; and
            (3) by inserting after clause (x) the following:
                            ``(xi) whether the children receiving
                        assistance under this subchapter are homeless
                        children;''.

SEC. 5. PILOT PROGRAM.

    (a) Redesignation.--Section 658L of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858j) is amended--
            (1) by striking the section heading;
            (2) by inserting ``(c) Report by Secretary.--'' before
        ``Not later'';
            (3) by striking ``section 658K'' and inserting ``this
        section''; and
            (4) by moving subsection (c) (as redesignated by paragraph
        (2)) to the end of section 658K.
    (b) Establishment of Program.--The Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting
after section 658K (42 U.S.C. 9858i), as amended by subsection (a), the
following:

``SEC. 658L. PILOT PROGRAM.

    ``(a) In General.--The Secretary shall carry out a pilot program to
identify and implement best practices for increasing access to and
continuity of child care for homeless children.
    ``(b) Grants.--In carrying out the pilot program, the Secretary
shall award to States not more than 5 grants of not more than
$5,000,000 per grant. Each grant shall be for a period of not more than
3 years, beginning not later than March 31, 2013.
    ``(c) Application.--In order to be eligible to receive a grant
under this section, a State shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary shall require.
    ``(d) Use of Funds.--A State that receives a grant under this
section shall use the funds made available under the grant--
            ``(1) to establish a pilot project for--
                    ``(A) implementing promising practices for
                increasing access to and continuity of child care for
                homeless children; and
                    ``(B) identifying the best practices; and
            ``(2) to carry out subsection (e)(1).
    ``(e) Assessments and Reports.--
            ``(1) State responsibilities.--
                    ``(A) Assessment.--A State that receives a grant
                under this section shall carry out data collection for
                and an assessment of its pilot project described in
                subsection (d)(1).
                    ``(B) Report to the secretary.--Not later than 42
                months after the first day of the grant period for a
                pilot project described in subsection (d)(1), the State
                carrying out the pilot project shall submit to the
                Secretary a report containing a summary of the results
                of the assessment described in subparagraph (A),
                including a description of the best practices
                identified.
            ``(2) Secretarial responsibilities.--Not later than 4 years
        after the first day of the latest grant period for a pilot
        project, the Secretary shall submit to Congress a report
        containing a summary of the reports received under paragraph
        (1) and a recommendation concerning whether and how to expand
        the pilot projects carried out with best practices.
    ``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2013 through 2015, which shall remain
available through fiscal year 2017.''.

SEC. 6. DEFINITIONS.

    Section 658P of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858n) is amended--
            (1) in paragraph (4)(C)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) is a homeless child.''; and
            (2) by adding at the end the following:
            ``(15) Homeless child.--The term `homeless child' means a
        homeless child or youth, as defined under section 725 of the
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).''.

Summary: Improving Access to Child Care for Homeless Families Act of 2012 - Expresses the sense of Congress that: (1) Congress has enacted successful policies to increase homeless children's access to and stability in public elementary and secondary schools and Head Start Programs. (2) in order to increase homeless families' access to and continuity in care, similar policies should be applied to federal child care programs. And (3) such policies will assist homeless parents in maintaining employment and regaining housing, and will provide critical interventions to support that vulnerable population of children. Amends the Child Care and Development Block Grant Act of 1990 to require the lead agency to coordinate the provision of services under such Act with social services programs that include: (1) Head Start and Early Head Start programs under the Head Start Act, (2) programs and services of partners that serve vulnerable populations. And (3) programs and services of entities receiving grants to provide homeless veterans with housing, employment-related services, or supportive services. Revises state plan requirements to require consideration of homeless children in the use of funds for child care services and activities. Requires the Secretary of Health and Human Services (HHS) to carry out a pilot program of grants to states to identify and implement best practices for increasing access to and continuity of child care for homeless children.

A bill to amend the Child Care and Development Block Grant Act of 1990 to ensure access to high-quality child care for homeless children and families, and for other purposes.


SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Preserving
Equitable Access to Community-based Home Health (PEACH) Act of 2009''.
    (b) Purpose.--It is the purpose of this Act to preserve access to
home health services for all Americans, regardless of their ability to
pay or their severity of illness.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Medicare home health benefit is vulnerable to
        agency selection of the most profitable beneficiaries and
        avoidance of the most complex and costly beneficiaries.
            (2) Such ``cherry picking'' by some home health agencies
        compromises access to care for the most complex, highest risk
        beneficiaries.
            (3) The Government Accountability Office has reported that
        hospital discharge planners have difficulty placing more than
        10 percent of eligible patients in home health due to their
        extensive care needs.
            (4) Proposals to reduce Medicare payments to home health
        agencies (in response to large aggregate margins across all
        home health agencies) may undermine the financial viability of
        mission-driven and non-profit home health agencies, which often
        have low to negative margins, while allowing high-margin
        agencies to remain in operation.

SEC. 3. SUPPLEMENTAL PAYMENTS FOR PEACH AGENCIES.

    (a) In General.--There shall be established a fund (to be known as
the ``PEACH fund'') from which home health agencies meeting specified
criteria shall be paid supplemental amounts in addition to their
statutory payment amounts under title XVIII of the Social Security Act.
Is this to be a trust fund? Where is this fund to be established? Who
adminsters it? What are the sources of funding that goes into the fund?
What are the allowed uses of such funding?
    (b) Peach Program.--Title XVIII of the Social Security Act is
amended by inserting after section 1895 the following new section:

               ``supplemental payments for peach agencies

    ``Sec. 1895A.  (a) Designation.--
            ``(1) In general.--The Secretary shall designate as a
        `PEACH agency' any home health agency that meets the criteria
        under paragraph (2).
            ``(2) Criteria.--The Secretary may not designate a home
        health agency as a PEACH agency unless the home health agency
        meets the following criteria:
                    ``(A) The home health agency is certified for
                participation under this title.
                    ``(B) The home health agency offers--
                            ``(i) the complete range of home health
                        services as defined under section 1861(m) of
                        this title;
                            ``(ii) the complete range of home health
                        services on a 24 hours per day, 7 days per week
                        on-call basis; and
                            ``(iii) its services to all eligible
                        beneficiaries or enrollees under this title
                        and/or title XIX, and uninsured individuals up
                        to its service capacity, regardless of their
                        ability to pay or the complexity or intensity
                        of care they require.
                    ``(C) The home health agency provides charity care
                in an amount greater than or equal to 1 percent of its
                total revenue.
                    ``(D) The home health agency agrees that the
                Secretary may, by statistical or other means, verify on
                an annual basis that the agency meets the criteria
                defined in this paragraph, and that the agency will be
                subject to disqualification from the PEACH program if
                such criteria are not met.
    ``(b) Supplemental Payments.--
            ``(1) In general.--Subject to the availability of funds
        under subsection (c), the Secretary shall make supplemental
        payments to PEACH agencies based on information submitted by
        the agency on an additional schedule in the Medicare cost
        report.
            ``(2) Cost reporting.--The Secretary shall implement an
        additional schedule, as a component of the cost reporting
        process, on which home health agencies may report information
        the Secretary deems necessary for designation and payment as a
        PEACH agency.
            ``(3) Amount and timing for first year as peach agency.--
                    ``(A) The supplemental payment made to a home
                health agency for the first year in which such agency
                is designated a PEACH agency under this section shall
                be equal to its shortfall in that year, defined as the
                sum of--
                            ``(i) the aggregate reasonable cost of home
                        health services delivered under parts A and B
                        of this title by the PEACH agency for such
                        year, less the aggregate payments received by
                        the PEACH agency pursuant to section 1895;
                            ``(ii) the aggregate actual costs of home
                        health and home and community based services
                        delivered by the agency under sections
                        1905(a)(7), 1905(a)(22), and 1915(c) through
                        (e) of title XIX for such year, less the
                        aggregate payments received by the PEACH agency
                        for such services under that title; and
                            ``(iii) the aggregate cost of uncompensated
                        home health services delivered by the PEACH
                        agency for such year.
                    ``(B) The supplemental payment under subparagraph
                (A) shall be paid within 90 days of receipt of the
                annual cost report by the Secretary.
            ``(4) Amount and timing for subsequent years.--For each
        year after the first year in which a home health agency is
        designated a PEACH agency, a PEACH agency shall receive interim
        supplemental payments based on--
                    ``(A) the intervals at which the agency submits
                cost reports; and
                    ``(B) the estimated shortfall, as defined in
                subparagraph (3)(A), for the year or interval in
                question.
    ``(c) Funding.--Supplemental payments under this section shall be--
            ``(1) paid from the PEACH fund, which shall be capped at
        $500,000,000 annually and shall be administered by the
        Secretary; and
            ``(2) paid to PEACH agencies--
                    ``(A) pursuant to subsection (b); or
                    ``(B) if the PEACH fund is insufficient to cover
                all the supplemental payments that should be paid under
                subsection (b), in proportion to each agency's
                shortfall relative to the aggregate shortfall of all
                PEACH agencies for the year in question.
        In any year in which the Secretary determines that the PEACH
        fund will not cover the aggregate estimated shortfall of all
        PEACH agencies, the Secretary shall make a preliminary
        supplemental payment to each PEACH agency within 90 days of
        receipt of its annual cost report and, if funds remain, an
        additional supplemental payment after all PEACH agency cost
        reports have been received.
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `charity care' means home health services
        that are provided to an individual who is--
                    ``(A) not eligible for payment under this title,
                under title XIX, or by any other third-party payer; and
                    ``(B) unable to pay any portion of the full cost of
                care, including any amount subsidized or otherwise
                discounted due to an individual's inability to pay; and
            ``(2) the term `uncompensated care' means home health
        services provided to an individual by a home health agency with
        the knowledge that the individual will be financially unable to
        pay for the services.''.
    (c) Conforming Amendment.--Section 1895(a) of the Social Security
Act is amended by inserting before the period at the end the following:
``and the provisions of section 1895A''.

SEC. 4. REGULATIONS.

    The Secretary shall issue such regulations as are necessary and
appropriate for the implementation of the provisions of this Act.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized for appropriation $500,000,000 for each fiscal
year beginning with fiscal year 2010 for purposes of carrying out the
purposes of this Act. Is there anything this funds other than the PEACH
fund? Should this go into the provision creating that fund?

Summary: Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009 - Establishes the PEACH fund from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII (Medicare) of the Social Security Act (SSA). Amends SSA title XVIII to direct the Secretary of Health and Human Services (HHS) to make supplemental payments to certain community-based home health agencies that the Secretary has designated as PEACH agencies for estimated shortfalls due to providing uncompensated care.

To amend title XVIII of the Social Security Act to ensure access to quality home health services for all Americans, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Special Agent Scott K. Carey Public
Safety Officer Benefits Enhancement Act''.

  TITLE I--EDUCATIONAL ASSISTANCE TO OFFICERS DISABLED IN THE LINE OF
                                  DUTY

SEC. 101. BASIC ELIGIBILITY.

    Section 1212(a)(1) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796d-1(a)(1)) is amended--
            (1) by striking ``a dependent'' and inserting ``an eligible
        dependent''; and
            (2) by striking ``education'' and all that follows through
        the period at the end and inserting ``education.''.

SEC. 102. APPLICATIONS; APPROVAL.

    Section 1213 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796d-2) is amended--
            (1) in subsection (b)--
                    (A) by striking ``the dependent'' each place it
                appears and inserting ``the applicant''; and
                    (B) by striking ``the dependent's'' each place it
                appears and inserting ``the applicant's''; and
            (2) in subsection (c), by striking ``a dependent'' and
        inserting ``an applicant''.

SEC. 103. RETROACTIVE BENEFITS.

    Section 1216(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796d-5(a)) is amended to read as follows:
    ``(a) Retroactive Eligibility.--Notwithstanding any other provision
of law, but subject to the limitations of this subpart, an eligible
dependent of a public safety officer shall be eligible for assistance
under this subpart if such an officer--
            ``(1) dies in the line of duty on or after January 1, 1978;
        or
            ``(2) becomes permanently and totally disabled as the
        direct result of a catastrophic injury sustained in the line of
        duty on or after January 1, 1978.''.

SEC. 104. DEFINITIONS.

    Section 1217 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796d-6) is amended by adding at the end the following
new paragraphs:
            ``(4) The term `eligible dependent' means--
                    ``(A) any public safety officer who is eligible to
                receive benefits under section 1201(b);
                    ``(B) the child of any public safety officer who is
                described in section 1201(a), or who is eligible to
                receive benefits under section 1201(b); and
                    ``(C) the spouse of any public safety officer
                described in subparagraph (B) at the time of such
                officer's death or on the date of such officer's
                totally and permanently disabling injury.
            ``(5) The term `public safety officer' includes--
                    ``(A) any public safety officer described in
                paragraph (9) of section 1204; and
                    ``(B) any other individual who is employed by any
                Federal, State, county, or local agency and, as a
                result of such employment, is--
                            ``(i) empowered by law to conduct an
                        investigation of or to make an arrest for a
                        felony offense; or
                            ``(ii) authorized by law to prosecute or
                        participate in the prosecution of a felony
                        offense.''.

                      TITLE II--SURVIVOR PENSIONS

SEC. 201. SURVIVOR PENSIONS.

    Part L of the Omnibus Crime Control and Safe Streets Act of 1968 is
further amended by adding after section 1218 (42 U.S.C. 3796d-7) the
following new subpart:

                     ``Subpart 3--Survivor Pensions

``SEC. 1221. SURVIVOR PENSIONS ESTABLISHED.

    ``In any case in which the Bureau is required to pay a benefit
under section 1201(a), the Bureau shall also pay an annual pension to
one or more survivors of the deceased public safety officer in
accordance with this subpart.

``SEC. 1222. PAYMENTS TO BENEFICIARIES.

    ``(a) Beneficiaries Determined.--An annual pension under this
subpart shall be paid to one or more survivors of the deceased public
safety officer as follows:
            ``(1) If there is a surviving spouse of such officer, a
        pension equal to 80 percent of the applicable amount under
        section 1223(a), paid to the surviving spouse.
            ``(2) If there is no surviving spouse, but--
                    ``(A) there is one surviving child of such officer,
                a pension equal to 20 percent of the applicable amount
                under section 1223(a), paid to that surviving child;
                    ``(B) there are two surviving children of such
                officer, a pension equal to 35 percent of the
                applicable amount under section 1223(a), paid to the
                children in equal shares;
                    ``(C) there are three surviving children of such
                officer, a pension equal to 50 percent of the
                applicable amount under section 1223(a), paid to the
                children in equal shares; or
                    ``(D) there are four or more surviving children of
                such officer, a pension equal to 60 percent of the
                applicable amount under section 1223(a), paid to the
                children in equal shares.
            ``(3) If there is no surviving spouse or surviving child,
        but--
                    ``(A) there is one surviving parent of such
                officer, a pension equal to 20 percent of the
                applicable amount under section 1223(a), paid to that
                parent; or
                    ``(B) there are two surviving parents of such
                officer, a pension equal to 40 percent of the
                applicable amount under section 1223(a), paid to the
                parents in equal shares.
            ``(4) If none of the above, a pension equal to 20 percent
        of the applicable amount under section 1223(a), paid--
                    ``(A) in the case of a claim made on or after the
                date that is 90 days after the date of the enactment of
                this subparagraph, to the individual designated by such
                officer as beneficiary under this subpart in the
                officer's most recently executed designation of
                beneficiary on file at the time of death with such
                officer's public safety agency, organization, or unit,
                provided that such individual survived such officer; or
                    ``(B) if there is no individual qualifying under
                subparagraph (A), to the individual designated by such
                officer as beneficiary under such officer's most
                recently executed life insurance policy on file at the
                time of death with such officer's public safety agency,
                organization, or unit, provided that such individual
                survived such officer.
    ``(b) Payable for Lifetime.--An annual pension or share of a
pension under this section shall be paid for the lifetime of the
beneficiary, without regard to the marital status or any other status
of the beneficiary.

``SEC. 1223. PENSION AMOUNT.

    ``(a) Amount Used to Determine Annual Pension.--The amount used to
determine the amount of an annual pension under this subpart shall be
the greater of the following:
            ``(1) The annual base salary of the officer at the time of
        the officer's death, adjusted in accordance with subsection
        (b).
            ``(2) $60,000, adjusted in accordance with subsection (b).
    ``(b) Cost of Living Adjustments.--On October 1 of each fiscal year
beginning after the effective date of this subpart, the Bureau shall
adjust the amounts used to determine the amount of an annual pension
under this subpart immediately before such October 1 under subsection
(a), to reflect the annual percentage change in the Consumer Price
Index for All Urban Consumers, published by the Bureau of Labor
Statistics, occurring in the 1-year period ending on June 1 immediately
preceding such October 1.

``SEC. 1224. DEFINITION.

    ``Notwithstanding paragraph (3) of section 1204, for the purposes
of this subpart the term `child' means any natural, illegitimate,
adopted, or posthumous child or stepchild of a deceased public safety
officer.''.

             TITLE III--PUBLIC SAFETY OFFICER SCHOLARSHIPS

SEC. 301. PUBLIC SAFETY OFFICER SCHOLARSHIPS.

    (a) In General.--
            (1) Scholarship awards.--The Secretary of Education is
        authorized to award a Public Safety Officer scholarship, in
        accordance with this title, to--
                    (A) any eligible applicant who is attending, or who
                has been accepted for attendance at, any eligible
                institution providing instruction for one or more
                grades of kindergarten, elementary school, or secondary
                school; and
                    (B) any eligible applicant who is enrolled, or has
                been accepted for enrollment, as a full-time or part-
                time postsecondary student in any eligible institution
                providing a degree-granting program for one or more
                postsecondary degrees.
            (2) Application.--To receive a scholarship award under this
        title, an eligible applicant shall submit an application to the
        Secretary at such time, in such manner, and containing such
        information as the Secretary may require. Such an application
        shall be accompanied by a certification from the head of the
        public safety agency, organization, or unit that employed the
        public safety officer by reason of whom the applicant is
        claiming eligibility, certifying that such officer is a
        deceased or disabled officer, as defined in paragraph (1) of
        section 305.
    (b) Maximum Award.--
            (1) Elementary and secondary awards.--For any academic
        year, the maximum amount of a scholarship award under this
        section for a kindergarten, elementary school, or secondary
        school student shall not exceed the lesser of the following:
                    (A) The average per pupil expenditure for
                elementary and secondary education of the local
                educational agency for the geographic area in which the
                eligible applicant resides.
                    (B) The actual cost to the student for attendance
                at the school, including expenses such as tuition,
                fees, books, transportation costs, and other related
                expenses, as determined by the Secretary.
            (2) Postsecondary awards.--For any academic year, the
        maximum amount of a scholarship award under this section for a
        postsecondary student shall not exceed the lesser of the
        following:
                    (A) The average cost of attendance (as defined in
                section 472 of the Higher Education Act of 1965 (20
                U.S.C. 1087kk)), at a State university in the State in
                which the student resides, for a State resident
                carrying the same academic workload as the student,
                with the same number of dependents as the student, and
                residing in the same type of housing as the student.
                    (B) The actual cost of attendance (as defined in
                section 472 of the Higher Education Act of 1965 (20
                U.S.C. 1087kk)) of such student.
    (c) Award Period.--The maximum duration of each scholarship award
under this title--
            (1) for a kindergarten, elementary school, or secondary
        school student, shall be the period of time normally required
        for the completion of a high school diploma by a student in the
        grade that the recipient is in at the time the award commences,
        as determined by the Secretary; and
            (2) for a postsecondary student, shall be the lesser of--
                    (A) the time actually required by the student to
                complete the course of study for which the student is
                receiving the scholarship award under this title;
                    (B) 6 years, in the case of a student enrolled in
                undergraduate studies; or
                    (C) 3 years, in the case of a student enrolled in
                postgraduate studies.
    (d) Notification.--The Secretary shall notify the applicant and the
eligible institution of the applicant's selection for receipt of a
scholarship award under this title, and the conditions pertaining to
scholarship award eligibility and continuance.
    (e) Fiscal Agent.--The Secretary shall, if practicable, use
eligible institutions as fiscal agents for the payment of scholarship
awards.

SEC. 302. ADDITIONAL AWARD REQUIREMENTS.

    A student awarded a scholarship under this title shall demonstrate
to the satisfaction of the Secretary, as a condition for initial
receipt of such award and periodically thereafter as a condition for
its continuation, that the student is--
            (1) maintaining satisfactory progress in the course of
        study the student is pursuing--
                    (A) in the case of a kindergarten, elementary
                school, or secondary school student, as such
                satisfactory progress is determined by the Secretary;
                and
                    (B) in the case of a postsecondary student,
                consistent with section 484(c) of the Higher Education
                Act of 1965;
            (2) committed to remaining drug-free; and
            (3) attending classes on a regular basis so as not to
        interfere with the normal course of studies, except for excused
        absence for vacation, illness, military service, or such other
        reason deemed good cause by the eligible institution or the
        Secretary.

SEC. 303. AGREEMENTS WITH ELIGIBLE INSTITUTIONS.

    For the purposes of this title, the Secretary is authorized to
enter into agreements with eligible institutions in which any student
receiving a scholarship award under this title has enrolled or has been
accepted for enrollment. Each such agreement shall provide--
            (1) that the institution shall cooperate with the Secretary
        in carrying out this title, including the provision of
        information necessary for a student to satisfy the requirements
        in section 302;
            (2) that the institution shall conduct a periodic review to
        determine whether students enrolled at the institution and
        receiving a scholarship award under this title continue to be
        eligible to receive such scholarship award, and shall notify
        the Secretary of the results of such reviews; and
            (3) for control and accounting procedures as may be
        necessary to assure proper disbursement and accounting of funds
        paid to the institution under section 301(e).

SEC. 304. TREATMENT OF SCHOLARSHIPS FOR PURPOSES OF FINANCIAL AID.

    Notwithstanding any other provision of law, a scholarship award
received under this title shall not be taken into account in
determining the need or eligibility of a person for student financial
assistance, or the amount of such assistance, under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 305. DEFINITIONS.

    In this title:
            (1) Deceased or disabled officer.--The term ``deceased or
        disabled officer'' means a public safety officer with respect
        to whom the Bureau of Justice Assistance has determined, in
        accordance with section 1201 of the Omnibus Crime Control and
        Safe Streets Act of 1968 (42 U.S.C. 3796) and under regulations
        issued pursuant to part L of such Act, that such public safety
        officer--
                    (A) has died as the direct and proximate result of
                a personal injury sustained in the line of duty; or
                    (B) has become permanently and totally disabled as
                the direct result of a catastrophic injury sustained in
                the line of duty.
            (2) Dependent child.--The term ``dependent child'' means a
        child of a deceased or disabled officer, including a stepchild
        or an adopted child, who--
                    (A) is living with or receiving regular support
                contributions from such deceased or disabled officer--
                            (i) at the time of the officer's death; or
                            (ii) at the time of the officer's totally
                        and permanently disabling injury; and
                    (B) at the start of the academic year for which a
                scholarship award is received, is 25 years of age or
                under.
            (3) Eligible applicant.--The term ``eligible applicant''
        means a person residing in a State who is any of the following:
                    (A) A public safety officer described in paragraph
                (1)(B).
                    (B) An eligible spouse of a deceased or disabled
                officer.
                    (C) A dependent child of a deceased or disabled
                officer.
            (4) Eligible institution.--The term ``eligible
        institution'' means any public or private kindergarten,
        elementary school, or secondary school as defined in section
        7801 of the Elementary and Secondary Education Act of 1965, or
        any institution of higher education, as defined in section 102
        of the Higher Education Act of 1965, that--
                    (A) is located in a State; and
                    (B) complies with the antidiscrimination provisions
                of section 601 of the Civil Rights Act of 1964 and does
                not discriminate on the basis of race.
            (5) Eligible spouse.--The term ``eligible spouse'' means an
        individual who is the legally married husband or wife of a
        deceased or disabled officer--
                    (A) in the case of a deceased officer, at the time
                of the officer's death; or
                    (B) in the case of a disabled officer, at the time
                of the officer's totally and permanently disabling
                injury, and at the time of the determination of
                eligibility for a scholarship award under this title.
            (6) Public safety officer.--The term ``public safety
        officer'' has the meaning given such term in section 1217 of
        the Omnibus Crime Control and Safe Streets Act of 1968 (42
        U.S.C. 3796d-6), as added by section 104 of this Act.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (8) State.--The term ``State'' means any State of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, and any territory or possession of the United
        States.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. COMPENSATION IN CASE OF DEATH.

    Section 8133(b)(1) of title 5, United States Code, is amended by
striking ``or remarries before reaching age 55''.

SEC. 402. BENEFITS DEFINITION CONFORMING AMENDMENT.

    Section 1204 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796b) is amended by striking ``As used in this part--
'' and inserting ``Except as otherwise expressly provided, as used in
this part--''

Summary: Special Agent Scott K. Carey Public Safety Officer Benefits Enhancement Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend: (1) educational benefits to public safety officers who become permanently and totally disabled in the line of duty and to their spouses and children. (2) allow payment of retroactive benefits to dependents of such disabled officers. And (3) establish a program of pension payments for certain survivors of deceased public safety officers. Authorizes the Secretary of Education to: (1) award a Public Safety Officer scholarship to disabled public safety officers, their spouses, and their children. And (2) enter into agreements with educational institutions to carry out such scholarship program. Amends federal personnel law to allow widows or widowers of federal employees killed on the job to continue to receive monthly compensation even if they remarry before reaching age 55.

To provide increased benefits for public safety officers disabled in the line of duty, and for the spouses and children of public safety officers killed or disabled in the line of duty, and for other purposes.


SECTION 1. PROGRAM TO ENCOURAGE AND SUPPORT INNOVATIVE SOLUTIONS TO
              ENHANCE HOMELAND SECURITY.

    (a) Establishment of Program.--The Office of Federal Procurement
Policy Act (41 U.S.C. et seq.) is amended by adding at the end the
following new section:

``SEC. 40. PROGRAM TO ENCOURAGE INNOVATIVE SOLUTIONS TO ENHANCE
              HOMELAND SECURITY.

    ``(a) Establishment of Program.--The Administrator shall establish
and promote a Governmentwide program to encourage and recognize
contractor innovation and excellence in facilitating the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack.
    ``(b) Issuance of Agency Announcements Seeking Innovative
Solutions.--Under the program, the Administrator, in consultation with
the Director of the Office of Homeland Security, the Associate Director
for Information Technology and E-Government of the Office of Management
and Budget, and the Secretaries of Defense, Energy, Commerce,
Transportation, and the Treasury, shall issue agency announcements
seeking unique and innovative solutions to advance the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack.
    ``(c) Multiagency Technical Assistance Team.--(1) The
Administrator, in consultation with the individuals described in
subsection (b), shall convene a multiagency technical assistance team
to assist in screening proposals submitted to the Administrator to
provide unique and innovative solutions to advance the defense of the
United States against, or recovery from, terrorism or nuclear,
biological, chemical, or radiological attack. The team shall be
composed of employees of the participating agencies who have expertise
in scientific and technical disciplines that would facilitate the
assessment of the feasibility of the proposals.
    ``(2) The technical assistance team shall--
            ``(A) assess the feasibility, scientific and technical
        merits, and estimated cost of each proposal; and
            ``(B) submit each proposal, and the assessment of the
        proposal, to each executive agency whose mission most coincides
        with the subject matter of the proposal.
    ``(3) The technical assistance team shall not consider or evaluate
proposals submitted in response to a solicitation for offers for a
pending procurement or for a specific agency requirement.
    ``(d) Monetary Awards for Innovative Solutions.--(1) Under the
program carried out under this section, the Administrator shall provide
monetary awards in recognition of unique and innovative solutions with
the potential to significantly advance the defense of the United States
against, or recovery from, terrorism or nuclear, biological, chemical,
or radiological attack.
    ``(2) The Administrator shall use a competitive process to select
recipients of monetary awards under this subsection which shall include
the widely advertised solicitation (including the agency announcements
described in subsection (b)) of descriptive submissions on technology
developments and prototypes, the substance of which are not otherwise
available to the United States. The Administrator shall work with the
multiagency technical assistance team described in subsection (c) in
carrying out the competitive selection process.
    ``(3) An award made under this subsection may not exceed $20,000.
The total amount of awards made under this subsection in a fiscal year
may not exceed $500,000.
    ``(4) At least one quarter of the total amount awarded under this
subsection during a fiscal year shall be awarded to small business
concerns, within the meaning of such term as used in the Small Business
Act (15 U.S.C. 632 et seq.).''.
    (b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by adding at the end the following new item:

``Sec. 40. Program to encourage innovative solutions to enhance
                            homeland security.''.

SEC. 2. PILOT PROGRAM TO ENCOURAGE INNOVATIVE COMMERCIAL SOLUTIONS.

    (a) Pilot Program.--The Administrator of the Office of Federal
Procurement Policy shall, in consultation with the Assistant to the
President for Homeland Security, establish a pilot program under which
the Secretaries of Defense, Energy, Commerce, Transportation, and the
Treasury may--
            (1) test the innovative use of streamlined acquisition
        authorities and procedures authorized by law, with emphasis on
        provisions authorizing the rapid acquisition of goods and
        services; and
            (2) test the feasibility of rapidly entering into contracts
        with private entities to carry out immediate solutions to key
        homeland security needs using, to the maximum extent
        practicable, commercial, off-the-shelf items and commercially
        available services.
    (b) Use of Streamlined Acquisition Authorities.--Under the pilot
program, the head of an executive agency referred to in subsection (a)
shall, if appropriate, use streamlined acquisition authorities and
procedures authorized by law, including authorities and procedures that
are provided under the following provisions:
            (1) In title III of the Federal Property and Administrative
        Services Act of 1949:
                    (A) Paragraphs (1), (2), (6), and (7) of subsection
                (c) of section 303 (41 U.S.C. 253), relating to use of
                procedures other than competitive procedures under
                certain circumstances (subject to subsection (e) of
                such section).
                    (B) Section 303J (41 U.S.C. 253j), relating to
                orders under task and delivery order contracts.
            (2) In chapter 137 of title 10, United States Code:
                    (A) Paragraphs (1), (2), (6), and (7) of subsection
                (c) of section 2304, relating to use of procedures
                other than competitive procedures under certain
                circumstances (subject to subsection (e) of such
                section).
                    (B) Section 2304c, relating to orders under task
                and delivery order contracts.
            (3) Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of
        the Office of Federal Procurement Policy Act (41 U.S.C.
        416(c)), relating to inapplicability of a requirement for
        procurement notice.
    (c) Waiver of Requirements.--(1) To carry out the pilot program
under this section, the head of an agency may waive--
            (A) any provision of the Federal Acquisition Regulation
        that is not required by statute; and
            (B) any provision of the Federal Acquisition Regulation
        that is required by a provision of law described in paragraph
        (2), the waiver of which the head of the agency determines in
        writing to be necessary to carry out the pilot program.
    (2) The provisions of law referred to in paragraph (1) are as
follows:
            (A) Section 18 of the Office of Federal Procurement Policy
        Act (41 U.S.C. 416).
            (B) Subsections (e), (f), and (g) of section 8 of the Small
        Business Act (15 U.S.C. 637).
    (d) Limitations.--(1) The head of an agency authorized to
participate in the pilot program may carry out not more than one
project under the program and may enter into not more than three
contracts to carry out the project.
    (2) A project carried out under this section shall be approved by
the Administrator in consultation with the Assistant to the President
for Homeland Security and the multiagency technical assistance team
established under section 40(c) of the Office of Federal Procurement
Policy Act (as added by section 1).
    (e) Criteria for Evaluating Results.--The head of an agency
participating in the pilot program under this section shall establish
measurable mission-related criteria for evaluating the results of a
project under the program. Such agency head shall, as soon as
practicable after the completion of the project, report to the
Administrator on the lessons learned from the project. The
Administrator shall share the results of, and reports on, all the
projects carried out under this section with the heads of other
agencies that carry out responsibilities with respect to homeland
security.
    (f) Prohibition Against Discrimination Against Small Business
Concerns.--This section shall be applied in a manner that does not
discriminate against small business concerns (within the meaning of
such term as used in the Small Business Act (15 U.S.C. 632 et seq.)) or
any type of small business concern.

Summary: Amends the Office of Federal Procurement Policy Act to direct the Administrator for Federal Procurement Policy to establish a Government-wide program to encourage and recognize contractor innovation and excellence in facilitating the defense of the United States against, or recovery from, terrorism or nuclear, biological, chemical, or radiological attack. Requires the Administrator to: (1) issue agency announcements seeking innovative solutions to advance defense against or recovery from such an attack. (2) convene a multiagency technical assistance team to assess feasibility, scientific and technical merits, and estimated costs and submit each proposal to each executive agency whose mission most coincides with the proposal's subject matter. And (3) provide monetary awards in recognition of unique and innovative solutions. Directs the Administrator to establish a pilot program under which the Secretaries of Defense, Energy, Commerce, Transportation, and the Treasury may test: (1) the innovative use of streamlined acquisition authorities and procedures. And (2) the feasibility of rapidly entering into contracts with private entities to carry out immediate solutions to key homeland security needs using commercial, off-the-shelf items and commercially available services.

To amend the Office of Federal Procurement Policy Act to establish a program to encourage and support carrying out innovative proposals to enhance homeland security, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Water Compliance and Ratepayer
Affordability Act of 2015''.

SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH
              FRAMEWORK.

    (a) In General.--In the first 5 fiscal years beginning after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency, in coordination with appropriate State, local, and
regional authorities, shall carry out a pilot program under which the
Administrator shall work cooperatively with and facilitate the efforts
of municipalities to develop and implement integrated plans to meet
their wastewater and stormwater obligations under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective
and flexible manner.
    (b) Framework.--The Administrator shall carry out the pilot program
in a manner that is consistent with the Integrated Municipal Stormwater
and Wastewater Approach Framework issued by the Environmental
Protection Agency, dated May 2012.
    (c) Selection of Municipalities.--
            (1) In general.--The Administrator, in consultation with
        States that have approved National Pollutant Discharge
        Elimination System programs, shall select not fewer than 15
        municipalities to participate in the pilot program each fiscal
        year.
            (2) Eligibility of municipalities.--A municipality shall be
        eligible to participate in the pilot program if the
        municipality--
                    (A) is a National Pollutant Discharge Elimination
                System permit holder or designee; or
                    (B) is operating under an administrative order,
                administrative consent agreement, or judicial consent
                decree to comply with the requirements of the Federal
                Water Pollution Control Act (33 U.S.C. 1251 et seq.).
            (3) Factors.--In selecting municipalities under paragraph
        (1), the Administrator shall--
                    (A) specifically focus on--
                            (i) municipalities that are operating under
                        an administrative order, administrative consent
                        agreement, or judicial consent decree to comply
                        with the requirements of the Federal Water
                        Pollution Control Act;
                            (ii) municipalities facing compliance
                        issues under the Federal Water Pollution
                        Control Act, in addition to the municipalities
                        described in clause (i); and
                            (iii) municipalities that are affected by
                        affordability constraints in planning and
                        implementing control measures to address wet
                        weather discharges from their wastewater and
                        stormwater facilities; and
                    (B) give priority to eligible municipalities with a
                history of knowledgeable, detailed, and comprehensive
                efforts to develop integrated and adaptive clean water
                management practices, without regard to the status of
                the municipality in the process of planning or
                implementing such practices.
    (d) Approval of Integrated Plans.--
            (1) In general.--In approving the integrated plan of a
        municipality under the pilot program, the Administrator shall--
                    (A) account for the financial capability of the
                municipality to adequately address the requirements of
                the Federal Water Pollution Control Act that apply to
                the municipality;
                    (B) prioritize the obligations of the municipality
                under the Federal Water Pollution Control Act according
                to the most cost-effective and environmentally
                beneficial outcomes;
                    (C) account for the maintenance, operational, and
                regulatory obligations of the municipality; and
                    (D) enable the municipality to implement innovative
                and flexible approaches to meet the obligations of the
                municipality under the Federal Water Pollution Control
                Act.
            (2) Use of adaptive management approaches.--
                    (A) Priority.--In selecting municipalities to
                participate in the program, the Administrator may give
                priority to a municipality that is seeking to develop
                and implement an integrated plan that includes adaptive
                approaches to account for changed or future uncertain
                circumstances.
                    (B) Types of adaptive approaches.--Adaptive
                approaches referred to in subparagraph (A) include, at
                a minimum--
                            (i) the use of new innovative technical or
                        institutional approaches; and
                            (ii) the ability to adapt the integrated
                        plan in response to new regulatory requirements
                        and reductions in financial capability.
            (3) Additional authorities.--In carrying out the pilot
        program, the Administrator may, in full coordination and mutual
        agreement with a municipality selected to participate in the
        pilot program--
                    (A) extend the allowable national pollutant
                discharge elimination system permit term under section
                402 of the Federal Water Pollution Control Act (33
                U.S.C. 1342) to a maximum of 25 years, and make
                corresponding changes to any associated implementation
                schedule;
                    (B) modify the implementation terms of a consent
                decree entered into by the municipality with the
                Administrator pursuant to that Act; and
                    (C) provide additional regulatory flexibility under
                that Act in approving and implementing an integrated
                plan that includes adaptive approaches in order to
                encourage the innovation integral to such approaches.
    (e) Municipality Defined.--In this section, the term
``municipality'' means a county, city, town, township, or subdivision
of a State or local government.
    (f) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 5 years, the
Administrator shall transmit to Congress a report on the results of the
pilot program, including a description of the specific outcomes
expected to be achieved that will reduce the costs of complying with
the requirements of the Federal Water Pollution Control Act for
municipalities participating in the program and similarly situated
municipalities.

Summary: Clean Water Compliance and Ratepayer Affordability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of at least 15 municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. A municipality is eligible to participate in the pilot program if the municipality is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee. Or (2) operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. In carrying out the pilot program and in mutual agreement with participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches.