SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Data Broker Accountability and
Transparency Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Data broker.--The term ``data broker'' means a
        commercial entity that collects, assembles, or maintains
        personal information concerning an individual who is not a
        customer or an employee of that entity in order to sell the
        information or provide third party access to the information.
            (3) Non-public information.--The term ``non-public
        information'' means information about an individual that is of
        a private nature, not available to the general public, and not
        obtained from a public record.
            (4) Public record information.--The term ``public record
        information'' means information about an individual that has
        been obtained originally from records of a Federal, State, or
        local government entity that are available for public
        inspection.

SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO OBTAIN PERSONAL
              INFORMATION BY FALSE PRETENSES.

    (a) In General.--It shall be unlawful for a data broker to obtain
or attempt to obtain, or cause to be disclosed or attempt to cause to
be disclosed to any person, personal information or any other
information relating to any person by making a false, fictitious, or
fraudulent statement or representation to any person, including by
providing any document to any person, that the data broker knows or
should know to be forged, counterfeit, lost, stolen, or fraudulently
obtained, or contains a false, fictitious, or fraudulent statement or
representation.
    (b) Solicitation.--It shall be unlawful for a data broker to
request a person to obtain personal information, or any other
information, relating to any other person if the data broker knows or
should know that the person to whom the request is made will obtain or
attempt to obtain that information in the manner described in
subsection (a).

SEC. 4. PERSONAL INFORMATION.

    (a) Accuracy.--A data broker shall establish reasonable procedures
to ensure the maximum possible accuracy of the personal information it
collects, assembles, or maintains, and any other information it
collects, assembles, or maintains that specifically identifies an
individual, unless the information only identifies an individual's name
or address.
    (b) Exception; Fraud Databases.--Notwithstanding subsection (a), a
data broker may collect or maintain information that may be inaccurate
with respect to a particular individual if that information is being
collected or maintained solely for the purpose of--
            (1) indicating whether there may be a discrepancy or
        irregularity in the personal information that is associated
        with an individual;
            (2) helping to identify, or to authenticate the identity
        of, an individual; or
            (3) helping to protect against or investigate fraud or
        other unlawful conduct.
    (c) Consumer Access.--A data broker shall provide an individual a
means to review any personal information or other information that
specifically identifies that individual, that the data broker collects,
assembles, or maintains on that individual, unless an exception applies
under section 5.
    (d) Review Requirements.--The means for review under subsection (c)
shall be provided--
            (1) at an individual's request;
            (2) after verifying the identity of the individual;
            (3) at least 1 time per year; and
            (4) at no cost to the individual.
    (e) Notice.--A data broker shall maintain an Internet Web site and
place a clear and conspicuous notice on that Internet Web site
instructing an individual--
            (1) how to review the information described under
        subsection (c); and
            (2) how to express a preference with respect to the use of
        personal information for marketing purposes under subsection
        (g).
    (f) Disputed Information.--An individual whose personal information
is maintained by a data broker may dispute the accuracy of any
information described under subsection (c) by requesting, in writing,
that the data broker correct the information. A data broker, after
verifying the identity of the individual making the request, and unless
there are reasonable grounds to believe the request is frivolous or
irrelevant, shall--
            (1) with regard to public record information--
                    (A) inform the individual of the source of the
                information and, if reasonably available, where to
                direct the individual's request for correction; or
                    (B) if the individual provides proof that the
                public record has been corrected or that the data
                broker was reporting the information incorrectly,
                correct the inaccuracy in the data broker's records;
                and
            (2) with regard to non-public information--
                    (A) note the information that is disputed,
                including the individual's written request;
                    (B) if the information can be independently
                verified, use the reasonable procedures established
                under subsection (a) to independently verify the
                information; and
                    (C) if the data broker was reporting the
                information incorrectly, correct the inaccuracy in the
                data broker's records.
    (g) Certain Marketing Information.--A data broker that maintains
any information described under subsection (a) and that uses, shares,
or sells that information for marketing purposes shall provide each
individual whose information it maintains with a reasonable means of
expressing a preference not to have that individual's information used
for those purposes. If an individual expresses such a preference, the
data broker may not use, share, or sell that individual's information
for marketing purposes.
    (h) Persons Regulated by the Fair Credit Reporting Act.--A data
broker shall be deemed in compliance with this section with respect to
information that is subject to the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) if the data broker is in compliance with sections 609,
610, and 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i).

SEC. 5. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the
Commission shall promulgate regulations under section 553 of title 5,
United States Code, to implement and enforce the requirements of this
Act, including--
            (1) a requirement that a data broker establish measures
        that facilitate the auditing or retracing of any internal or
        external access to, or transmission of, any data containing
        personal information collected, assembled, or maintained by the
        data broker;
            (2) the establishment of a centralized Internet Web site
        for the benefit of consumers that lists the data brokers
        subject to section 4 and provides additional information to
        consumers about their rights under this Act;
            (3) if the Commission considers a data broker outside the
        scope of the purposes of this Act, the exclusion of that data
        broker from the applicability of this Act, such as, if the
        Commission considers it appropriate for exclusion, a data
        broker who processes information collected by or on behalf of
        and received from or on behalf of a nonaffiliated third party
        concerning an individual who is a customer or an employee of
        that third party to enable that third party, directly or
        through parties acting on its behalf, to provide benefits for
        its employees or directly transact business with its customers;
            (4) any exceptions, that the Commission considers
        necessary, to the auditing and retracing requirements under
        paragraph (1) to further or protect law enforcement or national
        security activities; and
            (5) any exceptions, that the Commission considers
        necessary, to an individual's right to review the information
        described under section 4(c), such as for child protection, law
        enforcement, fraud prevention, or other legitimate government
        purposes.

SEC. 6. ENFORCEMENT.

    (a) In General.--A violation of a regulation prescribed under this
Act shall be treated as a violation of a rule defining an unfair or a
deceptive act or practice under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Powers of Commission.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act. Any data broker who violates a
regulation prescribed under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. 41 et seq.).
    (c) Enforcement by State Attorneys General.--
            (1) Civil action.--Except as provided under paragraph
        (3)(B), in any case in which the attorney general of a State,
        or an official or agency of a State, has reason to believe that
        an interest of the residents of that State has been or is
        threatened or adversely affected by a data broker who violates
        a regulation prescribed under this Act, the attorney general,
        official, or agency of the State, as parens patriae, may bring
        a civil action on behalf of the residents of the State in a
        district court of the United States of appropriate
        jurisdiction--
                    (A) to enjoin further violation of this Act by the
                defendant;
                    (B) to compel compliance with this Act;
                    (C) to obtain damages, restitution, or other
                compensation on behalf of such residents, or to obtain
                such further and other relief as the court may deem
                appropriate; or
                    (D) to obtain civil penalties in the amount
                determined under paragraph (2).
            (2) Civil penalties.--
                    (A) Calculation.--For purposes of imposing a civil
                penalty under paragraph (1)(D), the amount determined
                under this paragraph is the amount calculated by
                multiplying the number of separate violations of a rule
                by an amount not greater than $16,000.
                    (B) Adjustment for inflation.--Beginning on the
                date that the Consumer Price Index is first published
                by the Bureau of Labor Statistics that is after 1 year
                after the date of enactment of this Act, and each year
                thereafter, the amount specified in subparagraph (A)
                shall be increased by the percentage increase in the
                Consumer Price Index published on that date from the
                Consumer Price Index published the previous year.
            (3) Intervention by the commission.--
                    (A) Notice.--A State shall provide prior written
                notice of any civil action under paragraph (1) to the
                Commission and provide the Commission with a copy of
                its complaint, except in any case in which such prior
                notice is not feasible, in which case the State shall
                serve such notice immediately upon instituting such
                action.
                    (B) Intervention by the commission.--The Commission
                shall have the right--
                            (i) to intervene in the civil action under
                        paragraph (1);
                            (ii) upon so intervening, to be heard on
                        all matters arising in that civil action; and
                            (iii) to file petitions for appeal of a
                        decision in that civil action.
                    (C) Limitation on state action while federal action
                is pending.--If the Commission has instituted a civil
                action for violation of this Act, no State attorney
                general, or official or agency of a State, may bring an
                action under this subsection during the pendency of
                that action against any defendant named in the
                complaint of the Commission for any violation of this
                Act alleged in the complaint.
            (4) Construction.--For purposes of bringing any civil
        action under paragraph (1), nothing in this Act shall be
        construed to prevent an attorney general of a State from
        exercising the powers conferred on the attorney general by the
        laws of that State--
                    (A) to conduct investigations;
                    (B) to administer oaths or affirmations; or
                    (C) to compel the attendance of witnesses or the
                production of documentary and other evidence.

SEC. 7. EFFECT ON OTHER LAWS.

    (a) Preservation of Commission Authority.--Nothing in this Act may
be construed in any way to limit or affect the Commission's authority
under any other provision of law.
    (b) Preservation of Other Federal Law.--Nothing in this Act may be
construed in any way to supersede, restrict, or limit the application
of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other
Federal law.

Summary: Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines quot, data brokerquot. As a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual, (2) identify or authenticate the identity of an individual. Or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction. Or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines quot, public record informationquot. As information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Health Privacy Act''.

SEC. 2. REPORTING REQUIREMENTS.

    (a) Notification in the Case of Breach.--Paragraph (2) of section
13402(i) of division A of the American Recovery and Reinvestment Act of
2009 (42 U.S.C. 17932(i)) is amended to read as follows:
            ``(2) Information.--The information described in this
        paragraph regarding breaches specified in paragraph (1) shall
        include--
                    ``(A) the number and nature of all such breaches,
                including a description of the types of unsecured
                protected health information that were involved in each
                breach;
                    ``(B) the identity of the covered entity involved
                in each breach, or if the breach affected less than 500
                individuals, the kind of covered entity involved (such
                as a health plan, health care clearinghouse, or a
                health care provider who transmits any health
                information in electronic form in connection with a
                transaction covered by this subtitle); and
                    ``(C) actions taken in response to such
                breaches.''.
    (b) Report on Compliance.--Section 13424 of division A of the
American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17954) is
amended--
            (1) in subsection (a)(1)--
                    (A) by amending subparagraph (B) to read as
                follows:
                    ``(B) information about such complaints resolved
                informally, including--
                            ``(i) the number of such complaints
                        resolved informally;
                            ``(ii) a summary of the types of complaints
                        so resolved, including identification of the
                        most common types complaints so resolved,
                        categorized by the privacy and security rule
                        allegedly violated;
                            ``(iii) for each such category, the average
                        amount of time between receipt of a complaint
                        to resolution of such complaint;
                            ``(iv) examples, with entity and patient
                        names and other individually identifiable
                        health information redacted, of complaints
                        resolved informally and the Secretary's
                        rationale for resolving such complaints
                        informally; and
                            ``(v) the number of covered entities that
                        received technical assistance from the
                        Secretary during such year in order to achieve
                        compliance with such provisions and the types
                        of such technical assistance provided.'';
                    (B) in subparagraph (E), by inserting ``and a
                summary of the outcome of such subpoenas or inquiries''
                after ``inquiries issued'';
                    (C) in subparagraph (F), by striking ``following
                year; and'' and inserting ``following year and
                enforcement priorities for the succeeding year;'';
                    (D) in subparagraph (G), by striking the period at
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(H) the number of State attorney general actions
                that were pursued under this subtitle and notice of
                which was provided to the Secretary pursuant to section
                1176(d)(4) of the Social Security Act; and
                    ``(I) the number of health privacy or health
                security or data breach complaints referred to the
                Attorney General, including--
                            ``(i) whether the Attorney General declined
                        enforcement; and
                            ``(ii) the number of complaints referred to
                        the Attorney General but returned to the
                        Secretary for enforcement and a summary of
                        enforcement actions taken by the Secretary with
                        respect to such complaints, including informal
                        resolutions, civil monetary penalties,
                        resolution agreements or settlements, or
                        voluntary compliance actions.''; and
            (2) by adding at the end the following:
    ``(g) Annual Studies.--
            ``(1) In general.--For the first year beginning after the
        date of enactment of the Protect Our Health Privacy Act, and
        every year thereafter, the Attorney General shall submit to the
        Committee on the Judiciary of the Senate and the Committee on
        the Judiciary of the House of Representatives a report
        concerning complaints of alleged violations described in
        section 1177 of the Social Security Act, including violations
        of the provisions of this subtitle relating to privacy and
        security of health information, that were referred to the
        Department of Justice by the Department of Health and Human
        Services, the Federal Bureau of Investigation, or another State
        or Federal agency during the year for which the report is being
        prepared.
            ``(2) Requirements.--Each report required under paragraph
        (1) shall--
                    ``(A) be made available to the public on the
                websites of the Department of Justice and the
                Department of Health and Human Services; and
                    ``(B) include, with respect to complaints received
                during the year for which the report is being
                prepared--
                            ``(i) the total number of complaints
                        received;
                            ``(ii) the number of complaints received
                        that were eligible for criminal enforcement;
                        and
                            ``(iii) of the complaints described in
                        clause (ii), a summary of how each complaint
                        was resolved that--
                                    ``(I) includes the rationale for
                                declining enforcement, if applicable;
                                and
                                    ``(II) does not identify the
                                patients, individuals, or entities
                                involved.''.

SEC. 3. ENCRYPTION FOR PORTABLE MEDIA.

    (a) Guidance Regarding Unsecured Protected Health Information.--
            (1) In general.--Section 13402(h)(2) of division A of the
        American Recovery and Reinvestment Act of 2009 (42 U.S.C.
        17932(h)(2)) is amended by inserting ``, including protected
        health information stored on portable media (as defined by the
        Secretary, which shall include thumb drives, laptop computers,
        tablet computers, and other similar devices),'' after
        ``protected health information''.
            (2) Applicable.--The amendment made by paragraph (1) shall
        apply to updated guidance issued under section 13402(h)(2) of
        division A of the American Recovery and Reinvestment Act of
        2009 (42 U.S.C. 17932(h)(2)) after the date of enactment of
        this Act.
    (b) Portable Media Encryption Requirement.--
            (1) In general.--Section 13401 of division A of the
        American Recovery and Reinvestment Act of 2009 (42 U.S.C.
        17931) is amended by adding at the end the following:
    ``(d) Portable Media Encryption Requirement.--Not later than 1 year
after the date of enactment of the Protect Our Health Privacy Act, the
Secretary shall issue regulations to require covered entities and
business associates to render protected health information that is
stored on portable media (as defined by the Secretary, which shall
include thumb drives, laptop computers, tablet computers, and other
similar devices) unusable, unreadable, or indecipherable to
unauthorized individuals.''.
            (2) Conforming amendment.--Section 13401(b) of such Act (42
        U.S.C. 17931(b)) is amended by inserting ``or (d)'' after
        ``subsection (a)''.

SEC. 4. USE OF DATA IN BUSINESS ASSOCIATE CONTRACTS; APPLICATION OF
              MINIMUM NECESSARY STANDARD TO BUSINESS ASSOCIATES.

    (a) In General.--Section 13404 of division A of the American
Recovery and Reinvestment Act (42 U.S.C. 17934) is amended by adding at
the end the following:
    ``(d) Use of Data in Business Associate Contracts; Application of
Minimum Necessary Standard to Business Associates.--
            ``(1) Limitation on scope and use of protected health
        information.--As required by section 164.504(e) of title 45,
        Code of Regulations (as in effect on the date of enactment of
        this subsection), any business associate agreement between a
        covered entity and a business associate shall limit the use of
        protected health information by such business associate--
                    ``(A) to only such information as necessary for the
                performance of the service or function that the covered
                entity has contracted with the business associate to
                perform on behalf of the covered entity; and
                    ``(B) to only those uses that are necessary for the
                performance of the service or function described in
                subparagraph (A).
            ``(2) Application of minimum necessary standard to business
        associates.--Section 164.502(b) of title 45, Code of Federal
        Regulations shall apply to a business associate of a covered
        entity in the same manner that such section applies to the
        covered entity. The additional requirements of this title that
        relate to the minimum necessary standard with respect to the
        use, disclosure, and request of protected health information
        that are made applicable with respect to covered entities shall
        also be applicable to such a business associate and shall be
        incorporated into the business associate agreement between the
        business associate and the covered entity.''.
    (b) Conforming Amendment.--Subsection (c) of such section 13404 (42
U.S.C. 17934) is amended by striking ``(a) or (b)'' and inserting
``(a), (b), or (d)(2)''.
    (c) Clarification.--Nothing in subsection (d)(2) of section 13404
of division A of the American Recovery and Reinvestment Act (42 U.S.C.
17934) (as amended by subsection (a)) affects the application of the
minimum necessary standard to business associates pursuant to section
164.504(e) of title 45, Code of Federal Regulations (relating to
contracts and other arrangements between business associates and
covered entities) as in effect on the date of enactment of this Act.

SEC. 5. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE.

    Title XXX of the Public Health Service Act (42 U.S.C. 300jj et
seq.) is amended by adding at the end the following:

``SEC. 3022. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE.

    ``(a) In General.--Not later than 18 months after the date of
enactment of the Protect Our Health Privacy Act, the Secretary shall
issue regulations to improve the safety, interoperability, and utility
of health information technology systems.
    ``(b) Content.--The regulations issued under subsection (a) shall
include--
            ``(1) a system to track the effect of health information
        technology on the health of patients; and
            ``(2) minimum quality and risk management requirements for
        health information technology vendors.
    ``(c) Health Information Technology Adverse Health Event
Reporting.--
            ``(1) In general.--The Secretary shall designate an agency
        within the Department of Health and Human Services to
        promulgate regulations relating to a health information
        technology adverse health event reporting program and database.
        The Department shall consider definitions and standards
        developed by the National Quality Forum before promulgating
        such regulations.
            ``(2) Content.--The regulations promulgated under paragraph
        (1) shall include mandatory submission of adverse health event
        reports by health information technology vendors and voluntary
        submission of adverse health event reports by users of health
        information, including patients and their family caregivers.
            ``(3) Use of reports.--The agency designated under
        paragraph (1) shall analyze adverse health event reports and
        report findings and recommendations to the applicable industry
        and policymakers.
            ``(4) Protection of reports.--The agency designated under
        paragraph (1) shall remove identifying information if adverse
        health event reports are made public. An adverse health event
        report may not be admitted or used in any action in a Federal
        or State court or any Federal or State administrative
        proceeding as evidence of fault, liability, or occurrence of an
        adverse health event.
            ``(5) Annual report.--The agency designated under paragraph
        (1) shall use the database established under such paragraph to
        submit to Congress an annual report regarding the use and
        safety of health information technology.''.

Summary: Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach. And (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved. Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities. Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency. Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals. Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities. Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors. Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers.

A bill to amend the American Recovery and Reinvestment Act with respect to the privacy of protected health information.


SECTION 1. FINDINGS.

    The Congress makes the following findings:
            (1) On December 7, 1941, Japanese forces attacked Clark
        Field, Luzon, Philippines Islands.
            (2) By May 6, 1942, military personnel from the United
        States and the Philippines had bravely and staunchly fought off
        enemy attacks for more than 5 months under strenuous conditions
        that resulted in starvation and disease.
            (3) By maintaining their position and engaging the enemy
        for as long as they did, the soldiers at Bataan were able to
        redefine the momentum of the war and provide other United
        States and Allied forces throughout the Pacific with time to
        plan and prepare for subsequent crucial battles.
            (4) On April 9, 1942, then-Brigadier General Edward King
        surrendered the combined forces of the United States and the
        Philippines on the Bataan Peninsula into enemy hands.
            (5) Over the next week, the soldiers from the United States
        and the Philippines were taken prisoner and forced to march 65
        miles without any food, water, or medical care in what came to
        be know as the Bataan Death March.
            (6) During this forced march, thousands of soldiers died,
        either from starvation, lack of medical care, sheer exhaustion,
        or abuse by their captors.
            (7) Within the first 40 days at Camp O'Donnell, 1,600 more
        prisoners from the United States died.
            (8) On May 6, 1942, then-Lieutenant General Jonathan M.
        Wainwright surrendered the island fortress of Corregidor and
        its fortified islands into enemy hands.
            (9) Over the next 10 days, prisoners from Corregidor were
        held in the open, exposed to the elements with little or no
        food or water.
            (10) They were subsequently transported to the old Bilibid
        Prison in Manila and held several more days until they were
        loaded into cattle rail cars for transport, followed by a
        forced march of over 20 miles to Cabanatuan.
            (11) The conditions at the camp were substandard, leading
        to increased disease and malnutrition among the prisoners.
            (12) On June 6, 1942, United States prisoners were
        transferred from Camp O'Donnell to Cabanatuan.
            (13) In July 1942, all Filipino prisoners were paroled.
            (14) The prisoners who remained in the camps suffered from
        continued mistreatment, malnutrition, lack of medical care, and
        horrific conditions.
            (15) In 1945, all prisoners were liberated.
            (16) Over the subsequent decades, these prisoners formed
        support groups, were honored in local and State memorials, and
        told their story to all people of the United States.
            (17) Many of these soldiers have now passed away, and those
        who remain continue to tell their story.
            (18) The people of the United States are forever indebted
        to these men for--
                    (A) the courage they demonstrated during the first
                5 months of World War II in fighting against enemy
                soldiers; and
                    (B) the perseverance they demonstrated during 3 1/2
                years of capture, imprisonment, and atrocious
                conditions, while maintaining dignity, honor,
                patriotism, and loyalty.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

    (a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design in honor of the soldiers from the United
States who were prisoners of war at Bataan/Corregidor/Luzon,
collectively, in recognition of their personal sacrifice and service to
their country.
    (b) Design and Striking.--For purposes of the award under
subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
    (c) Smithsonian Institution.--
            (1) In general.--Following the award of the gold medal in
        honor of the prisoners of war at Bataan/Corregidor/Luzon under
        subsection (a), the gold medal shall be given to the
        Smithsonian Institution, where it shall be displayed as
        appropriate and made available for research.
            (2) Sense of the congress.--It is the sense of the Congress
        that the Smithsonian Institution should make the gold medal
        received under paragraph (1) available for display at other
        locations, particularly such locations as are associated with
        those who fought in defense of Bataan/Corregidor/Luzon and the
        prisoners of war.

SEC. 3. DUPLICATE MEDALS.

    (a) Striking of Duplicates.--Under such regulations as the
Secretary may prescribe, the Secretary may strike duplicates in bronze
of the gold medal struck under section 2.
    (b) Selling of Duplicates.--The Secretary may sell such duplicates
under subsection (a) at a price sufficient to cover the costs of such
duplicates, including labor, materials, dies, use of machinery, and
overhead expenses.

SEC. 4. NATIONAL MEDALS.

    Medals struck pursuant to this Act are National medals for purposes
of chapter 51 of title 31, United States Code.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.

    (a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 2.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.

Summary: Authorizes the award of a single Congressional Gold Medal to collectively honor the American soldiers who were prisoners of war at BataanCorregidorLuzon during World War II, in recognition of their personal sacrifice and service to their country. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with those who fought in defense of BataanCorregidorLuzon and the prisoners of war.

To grant a Congressional Gold Medal to American military personnel who fought in defense of Bataan/Corregidor/Luzon between December 7, 1941 and May 6, 1942.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overseas Citizens Voting Rights Act
of 1996''.

SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS.

    Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-1) is amended--
            (1) by striking out ``and'' at the end of paragraph (2);
            (2) by striking out the period at the end of paragraph (3)
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) permit absentee ballots to be received at least until
        the close of polls on election day.''.

SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO
              SPECIAL, PRIMARY, AND RUNOFF ELECTIONS.

    (a) In General.--Section 103(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended--
            (1) by inserting after ``general'' the following: ``,
        special, primary, and runoff''; and
            (2) by striking out ``States,'' and inserting in lieu
        thereof ``State''.
    (b) Special Rules.--Section 103(c) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended--
            (1) in paragraph (1), by inserting after ``candidate or''
        the following: ``, with respect to a general or special
        election,''; and
            (2) in paragraph (2), by inserting after ``candidate or''
        the following: ``with respect to a general election''.
    (c) Use of Approved State Absentee Ballot in Place of Federal
Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by
striking out ``a general'' and inserting in lieu thereof ``an''.
    (d) Certain States Exempted.--Section 103(f) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is
amended by striking out ``general'' each place it appears.
    (e) Effective Date.--The amendments made by this section shall
apply with respect to elections taking place after December 31, 1996.

SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS.

    (a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
            (1) by striking out ``and'' at the end of paragraph (8);
            (2) by striking out the period at the end of paragraph (9)
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(10) in consultation with the Presidential designee,
        consider means for providing for expeditious methods for the
        return of absentee ballots, including return by electronic
        transmittal, with maximum regard for ballot secrecy, audit
        procedures, and other considerations relating to the integrity
        of the election process.''.
    (b) Secrecy and Verification of Electronically Transmitted
Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-3) is amended--
            (1) by striking out ``To afford'' and inserting in lieu
        thereof ``(a) In General.--To afford''; and
            (2) by adding at the end the following new subsection:
    ``(b) Secrecy and Verification of Electronically Transmitted
Ballots.--No electronic transmittal or related procedure under
subsection (a)(10) that is paid for, in whole or in part, with Federal
funds may be carried out in any manner that (1) permits any person
other than the voter to view a completed ballot, or (2) otherwise
compromises ballot secrecy. At the earliest possible opportunity, the
original of each completed ballot that is transmitted electronically
shall be submitted in a secrecy envelope to the applicable location in
the State involved.''

SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.

    (a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end
the following new sections:

``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.

    ``(a) In General.--Each State, in cooperation with the Presidential
designee, shall establish a system for electronic transmittal of
balloting materials for overseas voters. The system shall provide for--
            ``(1) electronic transmittal as an alternative method for
        transmittal of balloting materials to overseas voters;
            ``(2) use of the format of the official post card form
        prescribed under section 101 (or the format of any other
        registration form provided for under State law) for purposes of
        absentee voter registration application and absentee ballot
        application, with the condition that a State may require
        receipt of a form with an original signature before the ballot
        of the voter is counted;
            ``(3) furnishing of absentee ballots by electronic
        transmittal, from locations within the State, as selected by
        the chief State election official, to overseas voters who
        request such transmittal; and
            ``(4) special alternative methods of transmittal of
        balloting materials for use only when required by an emergency
        declared by the President or the Congress.
    ``(b) Funding Requirement.--The requirements of subsection (a)
shall apply to a State with respect to an election--
            ``(1) if there is full payment by the Federal Government of
        any additional cost incurred by the State after the date of the
        enactment of this Act for the implementation of such subsection
        (a), with such costs to be determined by the Presidential
        designee and the chief State election official, acting jointly;
        or
            ``(2) in any case of less than full payment, as described
        in paragraph (1), if the State, in the manner provided for
        under the law of the State, agrees to the application of such
        requirements.

``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC
              TRANSMITTAL METHOD.

    ``The Presidential designee may not approve use of any method of
electronic transmittal for purposes of this Act, unless, not later than
90 days before the effective date of the approval, the Presidential
designee submits to the Congress a detailed report describing the
method.''.
    (b) Definition Amendment.--Section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--
            (1) by striking out ``and'' at the end of paragraph (7);
            (2) by striking out the period at the end of paragraph (8)
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) the term `electronic transmittal' means, with respect
        to balloting materials, transmittal by facsimile machine or
        other electronic method approved by the Presidential
        designee.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to elections taking place after December 31, 1996.

SEC. 6. REPORT PROVISION.

    Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(6)) is amended--
            (1) by striking out ``participation and'' and inserting in
        lieu thereof ``participation,''; and
            (2) by inserting before the period at the end the
        following: ``, and a separate analysis of electronic
        transmittal of balloting materials''.

            Passed the House of Representatives May 14, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Summary: Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day. Extends the Federal write-in ballot provisions to include special, primary, and run-off elections. Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal. Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements.


SECTION 1. FINDINGS.

    The Congress finds that--
            (1) lead is a naturally occurring element which has been
        used in a variety of industrial applications including
        radiation shields, storage batteries, paint, and gasoline;
            (2) 1 in 6 United States children are victims of lead
        poisoning, according to the Agency for Toxic Substances and
        Disease Registry;
            (3) lead poses a significant environmental health problem
        since adverse effects have been conclusively demonstrated at
        relatively low exposures;
            (4) lead exposures to children under age 7 are of greatest
        concern because of its association with significant neurotoxic
        effects, including reduction in intelligence, attention span
        deficits, and reading and learning disabilities;
            (5) the quantity of lead in house dust appears to be the
        best single indicator of lead levels in the blood of an infant;
            (6) past efforts to abate lead-based paint have relied on
        methods which endangered workers and often resulted in more
        available lead dust for the occupants;
            (7) improving methods for testing and abating lead-based
        paint offers a highly cost effective means of reducing
        exposures and thus preventing childhood lead poisoning; and
            (8) the efforts of the Federal Government to develop and
        disseminate information on the most effective techniques to
        lower human exposure to lead should be improved.

SEC. 2. DETECTION TECHNOLOGIES.

    (a) Emerging Technologies Research.--The Administrator of the
Environmental Protection Agency, in consultation with the heads of
other appropriate Federal agencies, shall develop methods for
conducting evaluations of lead detection products and techniques. The
Administrator shall make available to the public the results of any
evaluations conducted by such methods as the results of the evaluations
become available.
    (b) Standardization.--Within 2 years after the date of the
enactment of this Act, the Director of the National Institute of
Standards and Technology, in consultation with the Administrator of the
Environmental Protection Agency, shall establish protocols, criteria,
and minimum performance standards to be used in the evaluations
described in subsection (a) and to ensure reliable, accurate, and
effective lead detection technologies.

SEC. 3. LEAD EXPOSURE IN CHILDREN.

    The Administrator of the Environmental Protection Agency, in
consultation with the heads of other appropriate Federal agencies,
shall conduct a long-term research study to establish the sources of
lead exposure for children under the age of seven years. The research
shall, to the greatest extent possible--
            (1) establish profiles for the percentage of such children
        who have an exposure to a particular lead source (such as lead-
        based paint and dust from lead-based paint), and the particular
        route of such exposure (such as drinking water, food, air, and
        soil);
            (2) establish the percentage of each particular kind of
        exposure and route of exposure described in paragraph (1); and
            (3) be broken down by region, economic strata, and any
        other demographic feature the Administrator considers to be
        appropriate.

SEC. 4. RESEARCH ON ABATEMENT AND IN-PLACE MANAGEMENT TECHNIQUES.

    The Director of the National Institute of Standards and Technology,
in consultation with the Administrator of the Environmental Protection
Agency and the heads of other appropriate Federal agencies, shall carry
out research studies to evaluate which practices and techniques are
most effective in reducing human exposure to lead. The research studies
shall emphasize the development of new technologies and shall address
the cost effectiveness of such practices and techniques. The
Administrator shall make available to the public the results of such
studies as the results become available.

SEC. 5. LEAD REMOVAL AND CONTAINMENT PRODUCTS.

    (a) Research.--The Director of the National Institute of Standards
and Technology, in consultation with the Administrator of the
Environmental Protection Agency and the heads of other appropriate
Federal agencies, shall conduct research on the safety, efficacy,
durability, and other relevant performance properties of lead removal
and containment products.
    (b) Standardization.--Within 24 months after the date of enactment
of this Act, the Director of the National Institute of Standards and
Technology shall establish performance criteria and standards for lead
removal and containment products.

SEC. 6. PUBLIC EDUCATION.

    The Administrator of the Environmental Protection Agency, in
cooperation with other appropriate Federal agencies, shall sponsor
public education and outreach efforts to increase awareness of the
scope, severity, and sources of lead exposure. The Administrator shall
focus such public education and efforts in a manner which provides, to
the greatest extent possible, information to the children for whom
profiles are established in section 3 about the particular kind and
route of lead exposure of such children.

SEC. 7. USE OF CLEARINGHOUSE AND TELEPHONE HOTLINE.

    The Administrator of the Environmental Protection Agency shall
ensure that any information which is made available to the public
pursuant to this Act is made available through the clearinghouse and
hotline established pursuant to section 405(e) of the Toxic Control
Substances Act (15 U.S.C. 2601 et seq.) in addition to any other means
of availability the Administrator considers to be appropriate.

SEC. 8. STATE PROGRAMS.

    (a) Grant Assistance.--The Governor of a State may apply to the
Administrator of the Environmental Protection Agency for a grant to
compile (particularly through the use of questionnaires) data on lead
exposure in the State, to coordinate with other States the collection
of such data in order to build a national data base on lead exposure,
and to carry out public outreach programs on lead exposure.
    (b) Grant Management.--
            (1) Criteria for selection.--In selecting States for grants
        under subsection (a) the Administrator shall review--
                    (A) the previous experience of the State in
                addressing lead exposure and lead exposure data
                collection issues;
                    (B) the seriousness of the lead exposure issues
                identified by the State; and
                    (C) the State standards for techniques and
                practices to reduce human exposure to lead.
            (2) Availability of sufficient funding.--In selecting
        States for grants under subsection (a), the Administrator shall
        focus resources to ensure that sufficient funds are available
        to selected States to provide for comprehensive collection and
        coordination of lead exposure data and for sufficient public
        outreach programs.
            (3) Federal share of funding.--The Federal share of grants
        under subsection (a) shall not exceed 75 percent of the costs
        incurred by the State to carry out the activities described in
        such subsection and shall be made on the condition that the
        non-Federal share is provided from non-Federal funds.
            (4) Availability of funds.--Funds granted pursuant to
        subsection (a) in a fiscal year shall remain available for
        obligation for that fiscal year and for the next following
        fiscal year.
            (5) Limitation on receipt of grant in following year.--No
        grant shall be made under this section in any fiscal year to a
        State which in the preceding year received a grant under this
        section unless the Administrator determines that such State
        satisfactorily implemented such grant activities in such
        preceding fiscal year.
            (6) Information required in grant application.--States
        shall provide such information in applications for grant
        assistance and pertaining to grant funded activities as the
        Administrator requires.
    (c) Coordination.--In carrying out this section, the Administrator
shall coordinate with the Director of the National Institute of
Standards and Technology.

SEC. 9. REPORTS.

    Not later than 24 months after the date of the enactment of this
Act, the Director of the National Institute of Standards and Technology
and the Administrator of the Environmental Protection Agency shall
jointly submit to the Congress an initial report detailing the
activities undertaken by the Director and the Administrator pursuant to
this Act, including the results of studies conducted pursuant to this
Act and any recommendations for administrative and legislative action
that the Director and the Administrator consider appropriate. After
submission of the initial report, the Director and the Administrator
shall submit to the Congress an update of the initial report as often
as the Director and the Administrator consider necessary.

Summary: Requires the Administrator of the Environmental Protection Agency to: (1) develop evaluation methods for lead detection products and techniques. (2) conduct long-term research to establish the sources of children's lead exposure. And (3) sponsor related public education and outreach efforts, including telephone hotline and clearinghouse systems. Requires the Director of the National Institute of Standards and Technology to conduct research on: (1) effective practices, techniques, and new technologies to reduce human exposure to lead. And (2) safety and effectiveness of lead removal and containment products. Authorizes State grants for compilation of lead exposure data.

To authorize research and evaluation programs for monitoring, detecting, and abating lead based paint and other lead exposure hazards in housing, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Citizens' Freedom to Work
Act''.

SEC. 2. ADJUSTMENTS IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL
              SECURITY EARNINGS TEST.

    (a) Increase in Monthly Exempt Amount for Individuals Who Have
Attained Retirement Age.--
            (1) In general.--Section 203(f)(8)(D) of the Social
        Security Act (42 U.S.C. 403(f)(8)(D)) is amended to read as
        follows:
            ``(D)(i) Notwithstanding any other provision of this
        subsection, the exempt amount which is applicable to an
        individual who has attained retirement age (as defined in
        section 216(l)) before the close of the taxable year involved
        shall be--
                    ``(I) $1,208.33\1/3\ for each month of any taxable
                year ending after 1995 and before 1997,
                    ``(II) $1,416.66\2/3\ for each month of any taxable
                year ending after 1996 and before 1998,
                    ``(III) $1,666.66\2/3\ for each month of any
                taxable year ending after 1997 and before 1999,
                    ``(IV) $1,875.00 for each month of any taxable year
                ending after 1998 and before 2000,
                    ``(V) $2,083.33\1/3\ for each month of any taxable
                year ending after 1999 and before 2001,
                    ``(VI) $2,291.66\2/3\ for each month of any taxable
                year ending after 2000 and before 2002, and
                    ``(VII) $2,500.00 for each month of any taxable
                year ending after 2001 and before 2003.''.
            (2) Increased amounts subject to present law cost-of-living
        adjustment after 2002.--Section 203(f)(8)(D) of such Act (42
        U.S.C. 403(f)(8)(D)), as amended by paragraph (1), is amended
        by adding at the end the following new clause:
            ``(ii) For purposes of this paragraph, the increase in the
        exempt amount provided under clause (i)(VII) shall be deemed to
        have resulted from a determination which shall be deemed to
        have been made under subparagraph (A) in 2001.''.
            (3) Conforming amendment.--The second sentence of section
        223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by
        striking ``the exempt amount under section 203(f)(8) which is
        applicable to individuals described in subparagraph (D)
thereof'' and inserting the following: ``an amount equal to the exempt
amount which would have been applicable under section 203(f)(8), to
individuals described in subparagraph (D) thereof, if the amendments
made to such section by the Senior Citizens' Freedom to Work Act had
not been enacted''.
            (4) Effective date of subsection.--The amendments made by
        this subsection shall apply with respect to taxable years
        beginning after 1995.
    (b) Compensation of Trust Fund for Increased Outlays.--
            (1) In general.--Section 201(d) of the Social Security Act
        (42 U.S.C. 401(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)'';
                    (B) in the fifth sentence, by striking ``shall bear
                interest'' and inserting ``shall (subject to paragraph
                (2)) bear interest''; and
                    (C) by adding at the end the following new
                paragraph:
    ``(2) In the case of the Federal Old-Age and Survivors Insurance
Trust Fund, the Managing Trustee shall increase the rate of interest
(otherwise specified in the fifth sentence of paragraph (1)) which is
to be borne by obligations referred to in the fourth sentence of
paragraph (1) issued after September 30, 1995, and before October 1,
2002, by .25 percent point for each fiscal year beginning after
September 30, 1995, and before October 1, 2002. For purposes of this
paragraph, any obligation in which any portion of such Trust Fund is
invested which was issued before October 1, 1995, shall be deemed to
have matured on September 30, 1995, and to have been reissued on
October 1, 1995, with the same maturation date and same rate of
interest (subject to the increase provided under this paragraph).''.
            (2) Effective date of subsection.--The amendments made by
        this subsection shall apply with respect to obligations issued
        after December 31, 1995.
    (c) Additional Offsets.--
            (1) In general.--Notwithstanding any other provision of
        law, each nonexempt account within the discretionary spending
        category for each of the fiscal years 1996 through 2002 shall
        be reduced, if necessary, by the uniform percentage necessary
        to offset the Federal Old-Age and Survivors Insurance Trust
        Fund shortfall resulting from the amendments made to section
        203(f)(8) of the Social Security Act by the Senior Citizens'
        Freedom to Work Act.
            (2) Effective date.--The reductions required by this
        subsection shall be implemented pursuant to a Presidential
        order as provided for a sequester to eliminate a budget-year
        breach under section 251 of the Balanced Budget and Deficit
        Control Act of 1985. The reductions required by this subsection
        shall be in addition to any reductions required by section 251
        of the Balanced Budget and Deficit Control Act of 1985.
    (d) Report by GAO.--Not later than the date which is 2 years after
the date of the enactment of this Act, the Comptroller General of the
United States shall report to the Congress regarding an analysis of the
dynamic effect of the reform of the social security earnings limit
under section 203(f)(8) of the Social Security Act, as provided by
subsection (a) of this section, and a calculation of the reform's true
effect on the Federal budget.

Summary: Senior Citizens' Freedom to Work Act - Amends title II (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth the schedule of monthly adjustments increasing from $1,208 for taxable year 1996 to $2,500 for taxable year 2002. Subjects such increased amounts to current law cost-of-living adjustments after 2002. Requires the Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund to increase by a specified percentage per year the rate of interest borne by public-debt obligations issued for purchase by the OASDI trust funds between September 30, 1995, and October 1, 2002. Provides that each nonexempt account within the discretionary spending category for each of FY 1996 through 2002 shall be reduced, if necessary, by the uniform percentage necessary to offset the Federal Old-Age and Survivors Insurance Trust Fund shortfall resulting from the amendments of this Act increasing the monthly exempt amount. Directs the Comptroller General to analyze and report to the Congress on the dynamic effect of the revision of the social security earnings limit made by this Act and a calculation of its true effect on the Federal budget.

Senior Citizens' Freedom to Work Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco
Cessation Promotion Act of 2004''.

SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Y), by striking ``and'' at the end;
            (2) in subparagraph (Z), by inserting ``and'' at the end;
        and
            (3) by adding at the end the following new subparagraph:
            ``(AA) counseling for cessation of tobacco use (as defined
        in subsection (bbb));''.
    (b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:

               ``Counseling for Cessation of Tobacco Use

    ``(bbb)(1)(A) Subject to subparagraph (B), the term `counseling for
cessation of tobacco use' means diagnostic, therapy, and counseling
services for cessation of tobacco use for individuals who use tobacco
products or who are being treated for tobacco use which are furnished--
            ``(i) by or under the supervision of a physician;
            ``(ii) by a practitioner described in clause (i), (iii),
        (iv), (v) or (vi) of section 1842(b)(18)(C); or
            ``(iii) by a licensed tobacco cessation counselor (as
        defined in paragraph (2)).
    ``(B) Such term is limited to--
            ``(i) services recommended in `Treating Tobacco Use and
        Dependence: A Clinical Practice Guideline', published by the
        Public Health Service in June 2000, or any subsequent
        modification of such Guideline; and
            ``(ii) such other services that the Secretary recognizes to
        be effective.
    ``(2) In this subsection, the term `licensed tobacco cessation
counselor' means a tobacco cessation counselor who--
            ``(A) is licensed as such by the State (or in a State which
        does not license tobacco cessation counselors as such, is
        legally authorized to perform the services of a tobacco
        cessation counselor in the jurisdiction in which the counselor
        performs such services); and
            ``(B) meets uniform minimum standards relating to basic
        knowledge, qualification training, continuing education, and
        documentation that are established by the Secretary for
        purposes of this subsection.''.
    (c) Payment and Elimination of Cost-Sharing for Counseling for
Cessation of Tobacco Use.--
            (1) Payment and elimination of coinsurance.--Section
        1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1))
        is amended--
                    (A) by striking ``and'' before ``(V)''; and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (W) with respect to counseling
                for cessation of tobacco use (as defined in section
                1861(ww)), the amount paid shall be 100 percent of the
                lesser of the actual charge for the service or the
                amount determined by a fee schedule established by the
                Secretary for purposes of this subparagraph''.
            (2) Elimination of coinsurance in outpatient hospital
        settings.--
                    (A) Exclusion from opd fee schedule.--Section
                1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C.
                1395l(t)(1)(B)(iv)) is amended by striking ``and
                diagnostic mammography'' and inserting ``, diagnostic
                mammography, or counseling for cessation of tobacco use
                (as defined in section 1861(bbb))''.
                    (B) Conforming amendments.--Section 1833(a)(2) of
                the Social Security Act (42 U.S.C. 1395l(a)(2)) is
                amended--
                            (i) in subparagraph (F), by striking
                        ``and'' after the semicolon at the end;
                            (ii) in subparagraph (G)(ii), by striking
                        the comma at the end and inserting ``; and'';
                        and
                            (iii) by inserting after subparagraph
                        (G)(ii) the following new subparagraph:
                    ``(H) with respect to counseling for cessation of
                tobacco use (as defined in section 1861(bbb)) furnished
                by an outpatient department of a hospital, the amount
                determined under paragraph (1)(W),''.
            (3) Elimination of deductible.--The first sentence of
        section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b))
        is amended--
                    (A) by striking ``and'' before ``(6)''; and
                    (B) by inserting before the period the following:
                ``, and (7) such deductible shall not apply with
                respect to counseling for cessation of tobacco use (as
                defined in section 1861(bbb))''.
    (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by
adding at the end the following new clause:
            ``(vii) A licensed tobacco cessation counselor (as defined
        in section 1861(bbb)(2)).''.
    (e) Inclusion as Part of Initial Preventive Physical Examination.--
Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2))
is amended by adding at the end the following new subparagraph:
            ``(L) Counseling for cessation of tobacco use (as defined
        in subsection (bbb)).''.
    (f) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.

SEC. 3. MEDICARE COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY.

    (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' after the
        semicolon at the end;
            (2) in subparagraph (B), by striking the comma at the end
        and inserting ``; or''; and
            (3) by inserting after subparagraph (B) the following new
        subparagraph:
                    ``(C) any agent approved by the Food and Drug
                Administration for purposes of promoting, and when used
                to promote, tobacco cessation that may be dispensed
                without a prescription (commonly referred to as an
                `over-the-counter' drug), but only if such an agent is
                prescribed by a physician (or other person authorized
                to prescribe under State law),''.
    (b) Establishment of Categories and Classes Consisting of Tobacco
Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act
(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the
following new clause:
                            ``(iv) Categories and classes of tobacco
                        cessation agents.--There shall be a therapeutic
                        category or class of covered part D drugs
                        consisting of agents approved by the Food and
                        Drug Administration for cessation of tobacco
                        use. Such category or class shall include
                        tobacco cessation agents described in
                        subparagraphs (A) and (C) of section 1860D-
                        2(e)(1).''.
    (c) Conforming Amendment.--Section 1860D-2(e)(2)(A) of the Social
Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``,
other than subparagraph (E) of such section (relating to smoking
cessation agents),''.

SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.

    (a) Coverage of Tobacco Cessation Counseling Services.--
            (1) In general.--Section 1905(a) of the Social Security Act
        (42 U.S.C. 1396d(a)) is amended--
                    (A) in paragraph (26), by striking ``and'' after
                the semicolon at the end;
                    (B) by redesignating paragraph (27) as paragraph
                (28); and
                    (C) by inserting after paragraph (26) the following
                new paragraph:
            ``(27) at the option of the State, counseling for cessation
        of tobacco use (as defined in section 1861(bbb)); and''.
            (2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of
        the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is
        amended by inserting ``or (27)'' after ``(24)''.
    (b) Elimination of Optional Exclusion From Medicaid Prescription
Drug Coverage for Tobacco Cessation Medications.--Section 1927(d)(2) of
the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
            (1) by striking subparagraph (E);
            (2) by redesignating subparagraphs (F) through (J) as
        subparagraphs (E) through (I), respectively; and
            (3) in subparagraph (F) (as redesignated by paragraph (2)),
        by inserting before the period at the end the following: ``,
        other than agents approved by the Food and Drug Administration
        for purposes of promoting, and when used to promote, tobacco
        cessation''.
    (c) Removal of Cost-Sharing for Tobacco Cessation Counseling
Services and Medications.--Subsections (a)(2) and (b)(2) of section
1916 of the Social Security Act (42 U.S.C. 1396o) are each amended--
            (1) in subparagraph (D), by striking ``or'' after the comma
        at the end;
            (2) in subparagraph (E), by striking ``; and'' and
        inserting ``, or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F)(i) counseling for cessation of tobacco use
                described in section 1905(a)(27); or
                    ``(ii) covered outpatient drugs (as defined in
                paragraph (2) of section 1927(k), and including
                nonprescription drugs described in paragraph (4) of
                such section) that are prescribed for purposes of
                promoting, and when used to promote, tobacco cessation;
                and''.
    (d) Increased FMAP for Tobacco Cessation Counseling Services and
Medications.--The first sentence of section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) is amended--
            (1) by striking ``and'' before ``(4)''; and
            (2) by inserting before the period the following: ``, and
        (5) for purposes of this title, the Federal medical assistance
        percentage shall be 80 percent with respect to amounts expended
        as medical assistance for counseling for cessation of tobacco
        use described in subsection (a)(27) and for covered outpatient
        drugs (as defined in paragraph (2) of section 1927(k), and
        including nonprescription drugs described in paragraph (4) of
        such section) that are prescribed for purposes of promoting,
        and when used to promote, tobacco cessation''.
    (e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 1 year after
the date of enactment of this Act.

SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD
              HEALTH SERVICES BLOCK GRANT PROGRAM.

    (a) Quality Maternal and Child Health Services Includes Tobacco
Cessation Counseling and Medications.--Section 501 of the Social
Security Act (42 U.S.C. 701) is amended by adding at the end the
following new subsection:
    ``(c) For purposes of this title, quality maternal and child health
services include the following:
            ``(1) Counseling for cessation of tobacco use (as defined
        in section 1861(bbb)).
            ``(2) The encouragement of the prescribing and use of
        agents approved by the Food and Drug Administration for
        purposes of tobacco cessation.
            ``(3) The inclusion of messages that discourage tobacco use
        in health promotion counseling.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this Act.

Summary: Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of: (1) counseling for cessation of tobacco use. And (2) tobacco cessation pharmacotherapy. Provides for similar benefits under SSA titles V and XIX (Medicaid).

A bill to amend title V, XVIII, and XIX of the Social Security Act to promote cessation of tobacco use under the medicare program, the medicaid program, and the maternal and child health services block grant program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seabed Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) More than \2/3\ of Earth's surface is covered by
        oceans.
            (2) The oceans and marine waters contain a greater variety
        of forms of life than exists on land, and scientists are
        continually discovering new forms of life in previously
        unexplored, unique habitats.
            (3) The earth's human population is dependent upon the
        products of the oceans for income, nutrition, medicines, raw
        materials, and valuable natural services such as climate
        regulation, flood control, and storm surge protection.
            (4) The practice and technology of bottom trawling and use
        of other mobile fishing gear on the seabed has increased to the
        point that an area of seabed twice the size of the contiguous
        United States is affected by these practices each year.
            (5) These practices result in a loss of biological
        diversity, which is detrimental not only to the ocean
        environment itself but also to the industries and people that
        depend on that environment.
            (6) Little is known about the recoverability of the seabed
        from the effects of bottom trawling and use of other mobile
        fishing gear on the seabed. However, due to the slow rates of
        growth and reproduction of some marine species, it is believed
        that full recovery in some areas may take decades or centuries.

SEC. 3. MORATORIUM.

    (a) In General.--Notwithstanding any provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), no person may engage in bottom trawling or use of other mobile
fishing gear on the seabed in any marine area described in subsection
(b), until--
            (1) the National Marine Fisheries Service has completed a
        study and determined the effects of those practices in those
        areas;
            (2) the Secretary of Commerce has determined, based on
        findings of such a study and other pertinent scientific
        information, that the impacts of bottom trawling and such other
        mobile fishing gear on biodiversity, marine habitat, and
        productivity of fish stocks is negligible; and
            (3) the Secretary of Commerce has approved and implemented
        fishery management plans for those areas, that--
                    (A) are developed by the appropriate regional
                fishery management councils in accordance with that
                Act;
                    (B) encourage the use of fishing gears that are
                less destructive of habitat than bottom trawling and
                other mobile fishing gear on the seabed; and
                    (C) prohibit use of bottom trawling and other
                mobile fishing gear practices that threaten the
                continued sustainability of ecosystems in those areas.
    (b) Marine Areas Described.--
            (1) In general.--The marine areas referred to in subsection
        (a) are the following:
                    (A) The Heceta Banks, located off the coast of
                Oregon, 125 00' w-124 45' w/ 43 55' n-44 15' n.
                    (B) Cordell Bank, located off the coast of central
                California, 123 20' w-123 38' w/ 37 55' n-30 05' n.
                    (C) The Gulf of the Farallones outside of the line
                that is three miles from the coastline, located off the
                coast of California, 122 35' w-123 15''w/ 37 30' n-38
                05' n.
                    (D) Tanner and Cortez Banks, located off the coast
                of southern California, 119 00' w-119 25' w/ 32 50 n-32
                20' n.
                    (E) Punta Gorda, located off the coast of northern
                California, 124 23' w-124 50' w/ 4-20' n-40 10' n.
                    (F) Cape Blanco, located off the coast of Oregon,
                124 42' w-124 55' w/ 42 40' n-43 00n.
                    (G) Florida Middle Grounds located in the Gulf of
                Mexico off the coast of Florida, 84 40'w-85 15' w/ 28
                10'n-28 55n.
                    (H) Dry Tortugas, located in the Gulf of Mexico off
                the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24
                50'n.
                    (I) Nantucket Shoals, located off the coast of Cape
                Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n.
                    (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon
                Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42
                08'n-43 15'n.
                    (K) Cashes Ledge, located in the Gulf of Maine, 68
                40'w-69 15'w/42 30'n-43 15'n.
                    (L) Stonewall Bank of the central Oregon coast, 124
                20'w-124 28'w/44 27'n-44 39'n.
                    (M) Rogue River Reef off the southern Oregon coast,
                124 35'w-124 50'w/42 25'n-42 35'n.
            (2) Further description by secretary.--For purposes of this
        Act, the Secretary of Commerce may more particularly describe
        the areas listed in paragraph (1).
    (c) Report.--The Secretary of Commerce shall report annually to the
Committee on Resources of the House of Representatives and the
Committee on Commerce of the Senate regarding the recovery of areas
described in subsection (b) from the effects of bottom trawling and use
of other mobile fishing gear on the seabed.
    (d) Limitation on Application.--Subsection (a) shall not apply to
an area after the date the Secretary publishes a finding that there are
in effect, under State law or a fishery management plan under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), measures that are at least as effective as subsection
(a) in maintaining the sustainability of ecosystems in that area.
    (e) Definitions.--In this section:
            (1) Negligible.--The term ``negligible'' means--
                    (A) insufficient to diminish the productivity of
                fish stocks; and
                    (B) insufficient to significantly reduce other
                marine life.
            (2) Sustainability of ecosystems.--The term
        ``sustainability of ecosystems'' means the capability of
        ecosystems to--
                    (A) maintain productivity of fish stocks at maximum
                sustainable yield specified for those fish stocks in
                fishery management plans in effect under the Magnuson-
                Stevens Fishery Conservation and Management Act (16
                U.S.C. 1801 et seq.); and
                    (B) maintain types and abundances of other marine
                species normally found within similar areas that are
                not subject to bottom trawling and other mobile fishing
                gear practices.

Summary: Seabed Protection Act - Prohibits any person from engaging in bottom trawling or use of other mobile fishing gear on the seabed in specified marine areas until: (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices. (2) the Secretary of Commerce has determined that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible. And (3) the Secretary has approved and implemented fishery management plans that are developed by the appropriate regional fishery management councils, that encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear, and that prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems. Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed. Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area.

To establish a moratorium on bottom trawling and use of other mobile fishing gear on the seabed in certain areas off the coast of the United States.