SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicare
Beneficiaries' Choice Stabilization Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of payment floor for Medicare+Choice payment
                            rates after applying risk-adjustment
                            methodology.
Sec. 3. Change in application of budget neutrality adjustment for 2001
                            and 2002.
Sec. 4. Increase in national per capita Medicare+Choice growth
                            percentage in 2001 and 2002.
Sec. 5. Increasing minimum payment amount.
Sec. 6. Allowing movement to 50:50 percent blend in 2002.
Sec. 7. Increased update for payment areas with only one or no
                            Medicare+Choice contracts.
Sec. 8. Permitting higher negotiated rates in certain Medicare+Choice
                            payment areas below national average.
Sec. 9. 10-year phase in of risk adjustment based on data from all
                            settings.
Sec. 10. Delay from July to November, 2000 in deadline for offering and
                            withdrawing Medicare+Choice plans for 2001.
Sec. 11. Miscellaneous regulatory changes.

SEC. 2. ESTABLISHMENT OF PAYMENT FLOOR FOR MEDICARE+CHOICE PAYMENT
              RATES AFTER APPLYING RISK-ADJUSTMENT METHODOLOGY.

    (a) In General.--Section 1853(c)(1) of the Social Security Act (42
U.S.C. 1395w-23(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking
        `or (C)' and inserting `(C), or (D)'; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Demographically adjusted fee-for-service per
                capita expenditures.--
                            ``(i) In general.--For 2001 and each
                        subsequent year, 90 percent of the adjusted
                        average per capita cost for the year for the
                        Medicare+Choice payment area determined by the
                        Secretary based upon the rule specified under
                        paragraph (4) of section 1876(a) and calculated
                        without regard to the adjustment under
                        paragraph (1)(C) of such section.
                            ``(ii) Special rule for risk adjustment.--
                        For purposes of applying risk adjustment to the
                        payment amount determined under this
                        subparagraph for a demographic class, the risk
                        adjustment for such demographic class shall be
                        determined under the methodology applied by the
                        Secretary under section 1876(a)(4) without
                        regard to subsection (a)(3) of this section.''.
    (b) Continuation of Computation of AAPCC Data.--Section 1853(b) of
such Act (42 U.S.C. 1395w-23(b)) is amended by adding at the end the
following new paragraph:
            ``(4) Continued computation and publication of county-
        specific per capita fee-for-service expenditure information.--
        Using the most recent data available, the Secretary shall
        provide for the computation and publication, on an annual basis
        at the time of publication of the annual Medicare+Choice
        capitation rates, of information on the level of the average
        annual per capita costs (described in section 1876(a)(4)) for
        each Medicare+Choice payment area.''.

SEC. 3. ELIMINATION OF BUDGET NEUTRALITY ADJUSTMENT FOR 2001 AND 2002.

    Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c))
is amended--
            (1) in paragraph (1)(A) in the matter following clause
        (ii), by inserting ``for a year (other than 2001 or 2002)''
        after ``multiplied''; and
            (2) in paragraph (5), by inserting ``(other than 2001 or
        2002)'' after ``for each year''.

SEC. 4. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH
              PERCENTAGE IN 2001 AND 2002.

    Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
23(c)(6)(B)) is amended--
            (1) in clause (iv), by striking ``for 2001, 0.5 percentage
        points'' and inserting ``for 2001, 0 percentage points''; and
            (2) in clause (v), by striking ``for 2002, 0.3 percentage
        points'' and inserting ``for 2002, 0 percentage points''.

SEC. 5. INCREASING MINIMUM PAYMENT AMOUNT.

    (a) In General.--Section 1853(c)(1)(B)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(B)(ii)) is amended--
            (1) by striking ``(ii) For a succeeding year'' and
        inserting ``(ii)(I) Subject to subclause (II), for a succeeding
        year''; and
            (2) by adding at the end the following new subclause:
                            ``(II) For 2001 for any of the 50 States
                        and the District of Columbia, $450.''.
    (b) Effective Date.--The amendments made by subsection (a) apply to
years beginning with 2001.

SEC. 6. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002.

    Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-
23(c)(2)) is amended--
            (1) by striking the period at the end of subparagraph (F)
        and inserting a semicolon; and
            (2) by adding after and below subparagraph (F) the
        following:
        ``except that a Medicare+Choice organization may elect to apply
        subparagraph (F) (rather than subparagraph (E)) for 2001 and
        for 2002.''.

SEC. 7. INCREASED UPDATE FOR PAYMENT AREAS WITH ONLY ONE OR NO
              MEDICARE+CHOICE CONTRACTS.

    (a) In General.--Section 1853(c)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)(C)(ii)) is amended--
            (1) by striking ``(ii) For a subsequent year'' and
        inserting ``(ii)(I) Subject to subclause (II), for a subsequent
        year''; and
            (2) by adding at the end the following new subclause:
                            ``(II) During 2001, 2002, 2003, 2004, and
                        2005, in the case of a Medicare+Choice payment
                        area in which there is no more than one
                        contract entered into under this part as of
                        July 1 before the beginning of the year, 102.5
                        percent of the annual Medicare+Choice
                        capitation rate under this paragraph for the
                        area for the previous year.''.
    (b) Construction.--The amendments made by subsection (a) do not
affect the payment of a first time bonus under section 1853(i) of the
Social Security Act (42 U.S.C. 1395w-23(i)).

SEC. 8. PERMITTING HIGHER NEGOTIATED RATES IN CERTAIN MEDICARE+CHOICE
              PAYMENT AREAS BELOW NATIONAL AVERAGE.

    Section 1853(c)(1) of the Social Security Act (42 U.S.C. 1395w-
23(c)(1)) is amended--
            (1) in the matter before subparagraph (A), by striking ``or
        (C)'' and inserting ``(C), or (D)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Permitting higher rates through
                negotiation.--
                            ``(i) In general.--For each year beginning
                        with 2004, in the case of a Medicare+Choice
                        payment area for which the Medicare+Choice
                        capitation rate under this paragraph would
                        otherwise be less than the United States per
                        capita cost (USPCC), as calculated by the
                        Secretary, a Medicare+Choice organization may
                        negotiate with the Secretary an annual per
                        capita rate that--
                                    ``(I) reflects an annual rate of
                                increase up to the rate of increase
                                specified in clause (ii);
                                    ``(II) takes into account audited
                                current data supplied by the
                                organization on its adjusted community
                                rate (as defined in section
                                1854(f)(3)); and
                                    ``(III) does not exceed the United
                                States per capita cost, as projected by
                                the Secretary for the year involved.
                            ``(ii) Maximum rate described.--The rate of
                        increase specified in this clause for a year is
                        the rate of inflation in private health
                        insurance for the year involved, as projected
                        by the Secretary, and includes such adjustments
                        as may be necessary--
                                    ``(I) to reflect the demographic
                                characteristics in the population under
                                this title; and
                                    ``(II) to eliminate the costs of
                                prescription drugs.
                            ``(iii) Adjustments for over or under
                        projections.--If subparagraph is applied to an
                        organization and payment area for a year, in
                        applying this subparagraph for a subsequent
                        year the provisions of paragraph (6)(C) shall
                        apply in the same manner as such provisions
                        apply under this paragraph.''.

SEC. 9. 10-YEAR PHASE IN OF RISK ADJUSTMENT BASED ON DATA FROM ALL
              SETTINGS.

    Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(c)(1)(C)(ii)) is amended--
            (1) by striking the period at the end of subclause (II) and
        inserting a semicolon; and
            (2) by adding after and below subclause (II) the following:
                        ``and, beginning in 2004, insofar as such risk
                        adjustment is based on data from all (or
                        substantially all) settings, the methodology
                        shall be phased in equal increments over a 10
                        year period, beginning with 2004 or (if later)
                        the first year in which such data is used.''.

SEC. 10. DELAY FROM JULY TO NOVEMBER, 2000 IN DEADLINE FOR OFFERING AND
              WITHDRAWING MEDICARE+CHOICE PLANS FOR 2001.

    Notwithstanding any other provision of law, the deadline for a
Medicare+Choice organization to withdraw the offering of a
Medicare+Choice plan under part C of title XVIII of the Social Security
Act (or otherwise to submit information required for the offering of
such a plan) for 2001 is delayed from July 1, 2000, to November 1,
2000, and any such organization that provided notice of withdrawal of
such a plan during 2000 before the date of the enactment of this Act
may rescind such withdrawal at any time before November 1, 2000.

SEC. 11. MISCELLANEOUS REGULATORY CHANGES.

    (a) Prohibition on Requirement To Submit Encounter Data.--Section
1853(a)(3)(B) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)(B))
is amended--
            (1) by designating the matter following ``Data collection''
        as a clause (i) with appropriate indentation and the heading
        ``In general''; and
            (2) by adding at the end the following new clauses:
                            ``(ii) Issuance of data submission
                        requirements.--The Secretary may not require
                        under clause (i) the submission of encounter
                        data to support a risk adjustment methodology
                        based on all (or substantially all) settings
                        until a reasonable time after the Secretary
                        issues the complete requirements for data
                        submission. Such requirements shall be limited
                        to the minimum data elements necessary to
                        support the risk adjustment methodology. Such
                        system shall be designed to accept the required
                        minimum data elements in a form and manner
                        compatible with Medicare+Choice organizations'
                        operations.
                            ``(iii) Evaluation.--In issuing such data
                        submission requirements, the Secretary must
                        include an evaluation by an outside,
                        independent actuary of whether the proposed
                        data elements are the minimum necessary to
                        support the risk adjustment methodology.''.
    (b) Post-Stabilization Guidelines.--Section 1852(d)(2) of such Act
(42 U.S.C. 1395w-22(d)(2)) is amended by adding at the end the
following: ``In prescribing such guidelines--
                    ``(A) post-stabilization care shall be limited to
                care related to treatment of the condition that
                precipitated the provision of emergency services; and
                    ``(B) the provider of emergency services is not
                authorized to provide post-stabilization care unless--
                            ``(i) the Medicare+Choice organization has
                        been notified as soon as practicable, but not
                        later than 2 hours after stabilization, in
                        advance of the request to provide such care;
                            ``(ii) the organization has either approved
                        the request or not responded to such request
                        within a reasonable period (of at least 3
                        hours) after it has been notified; and
                            ``(iii) the emergency services provider
                        maintains a written documentation concerning
                        the notice and the organization's response to
                        such notice.''.
    (c) Enrollment Process.--
            (1) Allowing on-line enrollment.--Section 1851(c)(2) of
        such Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the
        end the following:
                    ``(C) On-line applications.--Such process shall
                permit the filing of appropriate election forms under
                subparagraphs (A) and (B) to be done through electronic
                means (including use of the Internet).''.
            (2) Moratorium on changes in medicare+choice enrollment
        rules.--The Secretary of Health and Human Services shall not
        make any changes in the enrollment and disenrollment
        instructions and related materials (including operational
        policy letters and evidence of coverage) under the
        Medicare+Choice program under part C of title XVIII of the
        Social Security Act between the date of the enactment of this
        Act and January 1, 2002, except as may be specifically and only
        required to comply with a change in statute.

Summary: Delays from July to November 2000 the deadline for withdrawing the offer, or rescinding the withdrawal, of MedicareChoice plans for 2001. Amends SSA title XVIII part C to MedicareChoice program data collection requirements with regard to: (1) issuance of encounter data submission requirements, (2) post- stabilization guidelines. And (3) on-line enrollment. Prohibits the Secretary from making any changes in the enrollment and disenrollment instructions and related materials under MedicareChoice between enactment of this Act and January 1, 2002, except as may be specifically and only required to comply with a change in statute.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``STEM Network Act''.

SEC. 2. GRANTS AUTHORIZED.

    (a) In General.--From amounts made available to carry out this Act,
the Secretary of Education shall make grants to eligible networks to
expand STEM education.
    (b) Eligible Network Defined.--In this Act, the term ``eligible
network'' means a State-based STEM network or similar organization,
which--
            (1) may include the participation of State officials,
        educators, administrators, parents, industry leaders,
        philanthropists, and representatives from the STEM communities;
        and
            (2) aims to increase student achievement in the STEM
        disciplines at the elementary schools and secondary schools in
        its State, particularly at schools with a high concentration of
        low-income students and at rural schools (within the meaning of
        part B of title VI of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 6201 et seq.)).

SEC. 3. ELIGIBLE NETWORK APPLICATION.

    (a) In General.--An eligible network seeking a grant under section
2 shall submit an application at such time, in such manner, and
containing such information as the Secretary may reasonably require.
    (b) Matching Requirement.--In order to receive a grant under
section 2, an eligible network shall agree to provide, either directly
or through private contributions, non-Federal matching funds equal to
not less than 30 percent of the amount of the grant.

SEC. 4. USES OF FUNDS.

    Each eligible network receiving a grant under section 2 shall use
the funds to carry out one or more of the following:
            (1) Testing, validating, sharing, and scaling up STEM
        education research, promising practices, and exemplary programs
        among members of the network and with other eligible networks
        receiving grants under section 3.
            (2) Identifying points of weakness and strength among State
        STEM education efforts, prioritizing strategies for addressing
        problem areas, and communicating State needs to the Secretary.
            (3) Assisting in the implementation of rigorous common
        content standards in STEM education for grades prekindergarten
        through grade 12 that reflect common elements between such
        disciplines and take into consideration--
                    (A) the Next Generation Science Standards and the
                Common Core State Standards Initiative;
                    (B) established international standards and 21st
                century skills;
                    (C) the needs of English language learners and
                special education students; and
                    (D) the need to increase scientific literacy of
                prekindergarten through grade 12 students.
            (4) Assisting and supporting the development and
        implementation of innovative STEM assessments based on common
        content standards in mathematics and science.
            (5) Promoting and developing rigorous undergraduate pre-
        service teacher programs in institutions of higher education
        that emphasize STEM content in the part of the program that
        focuses on elementary school education.
            (6) Promoting and developing curriculum tools and
        professional development for in-service STEM teachers that
        foster innovation and inventiveness.
            (7) Developing STEM career pathways that reflect the
        projected STEM workforce needs of the 21st century that may
        include mentoring programs and STEM professional outreach.
            (8) Developing STEM-related workforce education and
        training programs in secondary schools and institutions of
        higher education to enhance the skills of workers to meet the
        needs of business and industry.
            (9) Developing systems for the implementation of extended
        learning times on school sites to enhance STEM education inside
        and outside of the classroom.

SEC. 5. EVALUATION AND REPORT.

    Not later than 2 years after receiving a grant under section 2,
each eligible network receiving such a grant shall--
            (1) conduct periodic independent evaluations, by grant or
        by contract, of the eligible network's effectiveness at
        accomplishing the activities described in section 4, which
        shall include an assessment of the impact of such activities on
        STEM teaching and learning; and
            (2) prepare and submit a report on the results of each
        evaluation described in paragraph (1) to the Secretary.

SEC. 6. PROHIBITIONS.

    In implementing this Act, the Secretary may not--
            (1) endorse, approve, or sanction any STEM curriculum
        designed for use in any elementary school, secondary school, or
        institution of higher education; or
            (2) engage in oversight, technical assistance, or
        activities that will require the adoption of a specific STEM
        program or instructional materials by a State, local
        educational agency, or school.

SEC. 7. TOTAL AMOUNT OF GRANTS.

    The total amount of grants made under this Act in any fiscal year
may not exceed $20,000,000.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) The terms ``elementary school'', ``local educational
        agency'', and ``secondary school'' have the meanings given such
        terms in section 9101 of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 7801).
            (2) The term ``high concentration of low-income students''
        has the meaning given such term in section 1707 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        6537).
            (3) The term ``institution of higher education'' has the
        meaning given such term in section 101 of the Higher Education
        Act of 1965 (20 U.S.C. 1001).
            (4) The term ``Secretary'' means the Secretary of
        Education.
            (5) The term ``State'' means each of the several States of
        the United States, the District of Columbia, the Commonwealth
        of Puerto Rico, Guam, the Commonwealth of Northern Mariana
        Islands, American Samoa, and the United States Virgin Islands.
            (6) The term ``STEM'' means science, technology,
        engineering, and mathematics.

Summary: STEM Network Act - Directs the Secretary of Education to award matching grants to state-based STEM networks or similar organizations to increase elementary and secondary school students' achievement in the STEM disciplines, particularly in rural and low-income schools. Includes among grant uses: testing, sharing, and scaling up STEM education research, promising practices, and exemplary programs. Identifying state STEM education weaknesses and prioritizing strategies to address them, implementing rigorous common STEM education content standards, developing and implementing innovative STEM assessments, promoting and developing pre- and in-service STEM teacher training. Developing STEM career pathways and workforce education and training programs that reflect 21st century workforce needs. And facilitating the implementation of extended STEM learning times on school sites. Requires grantees to conduct periodic independent evaluations of their effectiveness in accomplishing those activities. Prohibits the Secretary from: (1) endorsing or approving any STEM curriculum designed for use in an elementary school, secondary school, or institution of higher education. Or (2) requiring a state, local educational agency, or school to adopt a specific STEM program or instructional materials.

To direct the Secretary of Education to make grants to State-based STEM networks to expand STEM education.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insider Trading Prohibition Act''.

SEC. 2. PROHIBITION ON INSIDER TRADING.

    (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) is amended by adding after section 16 the following new
section:

``SEC. 16A. PROHIBITION ON INSIDER TRADING.

    ``(a) Prohibition Against Trading Securities While in Possession of
Material, Nonpublic Information.--It shall be unlawful for any person,
directly or indirectly, to purchase, sell, or enter into, or cause the
purchase or sale of or entry into, any security, security-based swap,
or security-based swap agreement, while in possession of material,
nonpublic information relating to such security, security-based swap,
or security-based swap agreement, or relating to the market for such
security, security-based swap, or security-based swap agreement, if
such person knows, or recklessly disregards, that such information has
been obtained wrongfully, or that such purchase, sale, or entry would
constitute a wrongful use of such information.
    ``(b) Prohibition Against the Wrongful Communication of Certain
Material, Nonpublic Information.--It shall be unlawful for any person
whose own purchase or sale of a security, security-based swap, or entry
into a security-based swap agreement would violate subsection (a)
(referred to in this subsection as the `communicating person'),
wrongfully to communicate material, nonpublic information relating to
such security, security-based swap, or security-based swap agreement,
or relating to the market for such security, security-based swap, or
security-based swap agreement, to any other person if--
            ``(1) the other person--
                    ``(A) purchases, sells, or causes the purchase or
                sale of, any security or security-based swap or enters
                into or causes the entry into any security-based swap
                agreement, to which such communication relates; or
                    ``(B) communicates the information to another
                person who makes or causes such a purchase, sale, or
                entry while in possession of such information; and
            ``(2) such a purchase, sale, or entry while in possession
        of such information is reasonably foreseeable.
    ``(c) Standard and Knowledge Requirement.--
            ``(1) Standard.--For purposes of this section, trading
        while in possession of material, nonpublic information under
        subsection (a) or communicating material nonpublic information
        under subsection (b) is wrongful only if the information has
        been obtained by, or its communication or use would constitute,
        directly or indirectly--
                    ``(A) theft, bribery, misrepresentation, or
                espionage (through electronic or other means);
                    ``(B) a violation of any Federal law protecting
                computer data or the intellectual property or privacy
                of computer users; or
                    ``(C) conversion, misappropriation, or other
                unauthorized and deceptive taking of such information,
                or a breach of any fiduciary duty or any other personal
                or other relationship of trust and confidence.
            ``(2) Knowledge requirement.--It shall not be necessary
        that the person trading while in possession of such information
        (as proscribed by subsection (a)), or making the communication
        (as proscribed by subsection (b)), know the specific means by
        which the information was obtained or communicated, or whether
        any personal benefit was paid or promised by or to any person
        in the chain of communication, so long as the person trading
        while in possession of such information or making the
        communication, as the case may be, was aware, or recklessly
        disregarded that such information was wrongfully obtained or
        communicated.
    ``(d) Derivative Liability.--Except as provided in section 20(a),
no person shall be liable under this section solely by reason of the
fact that such person controls or employs a person who has violated
this section, if such controlling person or employer did not
participate in, profit from, or directly or indirectly induce the acts
constituting the violation of this section.
    ``(e) Exempted Transactions.--The Commission may, by rule, exempt
any person, security, or transaction, or any class persons securities,
or transactions, from any or all of the provisions of this section,
upon such terms and conditions as it considers necessary or
appropriate, if the Commission determines that such action is not
inconsistent with the purposes of this section. The prohibitions of
this section shall not apply to any person who acts at the specific
direction of, and solely for the account of, a person whose own
securities trading, or communications of material, nonpublic
information, would be lawful under this section.''.
    (b) Conforming Amendments.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is further amended--
            (1) in section 21(d)(2), by inserting ``or section 16A,''
        after ``section 10(b) of this title'';
            (2) in section 21A--
                    (A) in subsection (g)(1), by inserting ``and
                section 16A,'' after ``thereunder,''; and
                    (B) in subsection (h)(1), by inserting ``and
                section 16A,'' after ``thereunder,''; and
            (3) in section 21C(f), by inserting ``or section 16A,''
        after ``section 10(b)''.

Summary: Insider Trading Prohibition Act This bill amends the Securities Exchange Act of 1934 to prohibit any person from trading securities or effectuating such trades while in possession of related material, nonpublic information, or while either knowing or recklessly disregarding that the information has been obtained wrongfully, or that the transactions would constitute a wrongful use of such information. It shall also be unlawful for any person whose own securities transactions violate this Act to communicate wrongfully to another person material, nonpublic information relating to either those transactions or the market for them if the other person: purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates. Or communicates the information to another person who makes or causes such a transaction while in possession of such information. The other person's ensuing purchase, sale, or entry while in possession of such information must also be reasonably foreseeable. A standard and a knowledge requirement are prescribed for acts constituting unlawful trading in securities. A person who has neither participated in, profited from, nor induced violations of this Act is shielded from liability even though that person controls or employs the violator. The Securities and Exchange Commission is authorized to exempt from this Act persons, securities, or transactions, subject to any necessary or appropriate terms and conditions, if it determines that the exemption is not inconsistent with the purposes of this Act.

Insider Trading Prohibition Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Outer Continental Shelf Enhanced
Exploration and Deep Water Incentives Act''.

SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.

    (a) Incentives.--Section 8(a)(3) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(a)(3)) is amended to read as follows:
    ``(3)(A) The Secretary, at his own discretion or on petition of a
lessee, in order--
            ``(i) to promote development and new production on
        producing or nonproducing leases, through primary, secondary,
        or tertiary recovery means; or
            ``(ii) to encourage production of marginal or uneconomic
        resources on producing or nonproducing leases, which may
        include the use of primary, secondary, or tertiary recovery
        means,
may reduce, suspend, or eliminate any royalty or net profit share set
forth in the leases. In the case of a petition of a lessee, the
Secretary shall make a final determination under this subparagraph
within 6 months after the submittal of such petition.
    ``(B)(i) Notwithstanding any other provision of this Act, except as
provided in clauses (ii) and (iii) of this subparagraph, no royalty
payment shall be due on new production from any lease located in water
depths of 200 meters or greater until the capital costs directly
related to such new production have been recovered by the lessee out of
the proceeds from such new production.
    ``(ii) Notwithstanding clause (i), in any month during which the
arithmetic average of the closing prices for the earliest delivery
month on the New York Mercantile Exchange for Light Sweet crude oil
exceeds $28.00 per barrel, any production of oil described in clause
(i) shall be subject to royalties at the lease stipulated rate.
    ``(iii) Notwithstanding clause (i), in any month during which the
arithmetic average of the closing prices for the earliest delivery
month on the New York Mercantile Exchange for natural gas exceeds $3.50
per million British thermal units, any production of natural gas
described in clause (i) shall be subject to royalties at the lease
stipulated rate.
    ``(iv) The prices referred to in clauses (ii) and (iii) of this
subparagraph shall be changed during any calendar year after 1993 by
the percentage if any by which the consumer price index changed during
the preceding calendar year, as defined in section 111(f)(4) of the
Internal Revenue Code of 1986.
    ``(v) Nothing in this subparagraph shall be construed to affect any
requirement under this section to pay bonus bids.
    ``(vi) For purposes of this subparagraph--
            ``(I) the term `capital costs' shall be defined by the
        Secretary, shall include exploration costs incurred after the
        acquisition of the lease and development and capital production
        costs directly related to new production, shall not include any
        amounts paid as bonus bids or paid as royalties pursuant to
        clause (ii) or (iii), and shall be adjusted to reflect changes
        in the consumer price index, as defined in section 111(f)(4) of
        the Internal Revenue Code of 1986; and
            ``(II) the term `new production' means any production from
        a lease from which no royalties have been due on production,
        other than test production, prior to the date of the enactment
        of the Outer Continental Shelf Enhanced Exploration and Deep
        Water Incentives Act, or any production resulting from lease
        development activities under a development and production plan
        approved by the Secretary under section 25 after the date of
        the enactment of the Outer Continental Shelf Enhanced
        Exploration and Deep Water Incentives Act.''.
    (b) Frontier Areas.--Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following new subsection:
    ``(i) The Secretary shall, in each leasing program prepared under
this section, designate as frontier areas portions of the outer
Continental Shelf, if any, with respect to which the Secretary will
exercise authority under section 8(a)(3)(A) to reduce, suspend, or
eliminate the requirement to pay royalties. Any such designation shall
include a full description of the terms of such reduction, suspension,
or elimination. In designating frontier areas under this subsection,
the Secretary shall take into consideration the increased capital costs
associated with exploration and development in coastal or marine
environments, including arctic environments, with special environmental
protection requirements.''.

SEC. 3. REGULATIONS.

    (a) Incentives.--The Secretary shall, within 180 days after the
date of the enactment of this Act, issue such rules and regulations as
are necessary to implement the amendment made by section 2(a).
    (b) Frontier Areas.--The Secretary shall, within 1 year after the
date of the enactment of this Act, issue regulations defining the term
``frontier area'' for purposes of carrying out section 18(i) of the
Outer Continental Shelf Lands Act.

Summary: Outer Continental Shelf Enhanced Exloration and Deep Water Incentives Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to suspend any royalty or net profit share set forth in Outer Continental Shelf (OCS) oil or gas leases. Declares that no royalty payment shall be due on new production from leases located in depths of 200 meters or more until the capital costs directly related to such production have been recovered out of the resulting proceeds. Requires the Secretary to designate as frontier areas those portions of the OCS with respect to which the Secretary will exercise authority to modify royalty payment requirements.


SECTION 1. PRIORITY OF CLAIMS FOR RETIREE HEALTH BENEFITS.

    (a) Definition.--Section 101 of title 11, United States Code, is
amended--
            (1) by redesignating paragraphs (4) through (12A) as
        paragraphs (3) through (12), respectively,
            (2) by redesignating paragraphs (48) through (55) as
        paragraphs (53) through (68), respectively,
            (3) by inserting after paragraph (47) the following:
            ``(52) `retiree health benefits' means payments to any
        entity or person for the purpose of providing or reimbursing
        payments for retired employees and their spouses and
        dependents, for medical, surgical, or hospital care benefits
        under any plan, fund, or program (through the purchase of
        insurance or otherwise) maintained or established in whole or
        in part by the debtor prior to filing a petition commencing a
        case under this title;'', and
            (4) by redesignating paragraphs (21A) through (47) as
        paragraphs (22) through (51), respectively,
    (b) Priority Under Chapter 7.--(1) Section 726(a)(1) of title 11,
United States Code, is amended to read as follows:
            ``(1) first--
                    ``(A) except as provided in subparagraph (B), in
                payment of claims of the kind specified in, and in the
                order specified in section 507 of this title, proof of
                which is timely filed under section 501 of this title
                or tardily filed before the date on which the trustee
                commences distribution under this section; and
                    ``(B) immediately after payment of claims of the
                kind specified in section 507(a)(4), in payment of
                allowed unsecured claims for retiree health benefits,
                but only to the extent of the aggregate amount that
                represents $10,000 multiplied by the number of former
                employees with respect to whom a retiree health benefit
                accrues;''.
    (2) Section 724(b)(2) of title 11, United States Code, is amended
by inserting ``, and to holders of claims for retiree health benefits
payable under section 726(a)(1)(B) of this title,'' after ``this
title''.
    (c) Priority Under Chapter 11.--Section 1129(a) of title 11, United
States Code, is amended--
            (1) in paragraph (9)--
                    (A) in subparagraph (B)--
                            (i) by inserting ``subject to subparagraph
                        (D)'' after ``receive'', and
                            (ii) by striking ``and'' at the end,
                    (B) in subparagraph (C) by striking the period at
                the end and inserting ``; and'', and
                    (C) by adding at the end the following:
                    ``(D) if liquidation is proposed in the plan, with
                respect to a class of claims for retiree health
                benefits, such class will receive immediately after
                payment of claims of the kinds specified in paragraphs
                (1), (2), (3), and (4) of section 507(a) of this
                title--
                            ``(i) if such class has accepted the plan,
                        deferred cash payments of a value, as of the
                        effective date of the plan; or
                            ``(ii) if such class has not accepted the
                        plan, cash on the effective date of the plan;
                equal to the allowed aggregate amount of such claims,
                but only to the extent of the aggregate amount that
                represents $10,000 multiplied by the number of former
                employees with respect to whom a retiree health benefit
                accrues.'', and
            (2) by amending paragraph (13) to read as follows:
            ``(13) The plan provides--
                    ``(A) except as provided in subparagraph (B), for
                the continuation after its effective date of payment of
                all retiree benefits (as defined in section 1114 of
                this title) at the level established pursuant to
                subsection (e)(1)(B) or (g) of section 1114 of this
                title, at any time prior to confirmation of the plan,
                for the duration of the period the debtor has obligated
                itself to provide such benefits; and
                    ``(B) if the plan provides for liquidation, for the
                payment of allowed unsecured claims for retiree health
                benefits, but only to the extent of the aggregate
                amount that represents $10,000 multiplied by the number
                of former employees with respect to whom a retiree
                health benefit accrues.''.

SEC. 2. RULE OF CONSTRUCTION.

    The amendments made by this Act shall not be construed to limit any
priority to which claims for retiree health benefits are entitled under
the provisions of title 11 of the United States Code that are not
amended by this Act.

SEC. 3. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by section 1 shall take effect on the date of
the enactment of this Act.
    (b) Application of Amendments.--(1) Except as provided in paragraph
(2), the amendments made by section 1 shall apply only with respect to
cases commenced under title 11, United States Code, after the date of
the enactment of this Act.
    (2) The amendments made by section 1 shall apply with respect to--
            (A) cases commenced under chapter 11 of title 11, United
        States Code, on or after March 1, 1989; and
            (B) cases converted from chapter 11 of title 11, United
        States Code, to chapter 7 of such Code on or after September 1,
        1991.

Summary: Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees.

To amend title 11 of the United States Code to establish a priority for the payment of claims for retiree health benefits in liquidation cases under chapters 7 and 11.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Burma Human Rights and Democracy Act
of 2014''.

SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA.

    (a) Limitation.--
            (1) In general.--No funds authorized to be appropriated or
        otherwise made available for fiscal year 2014 or 2015 may be
        made available for security assistance described in paragraph
        (2) to the Government of Burma unless the Secretary of State
        certifies to the appropriate congressional committees that--
                    (A) the Government of Burma has taken concrete
                steps toward--
                            (i) establishing civilian oversight of the
                        armed forces;
                            (ii) addressing human rights abuses by the
                        Burmese military, including publicly
                        acknowledging that human rights abuses have
                        been and continue to be committed by the
                        Burmese military, and committing to a zero
                        tolerance policy against such human rights
                        abuses; and
                            (iii) terminating military relations with
                        North Korea;
                    (B) the Government of Burma has taken concrete
                steps to establish a fair, transparent and inclusive
                process to amend the Constitution of Burma, including
                the full participation of the political opposition and
                all ethnic minority groups, and the constitutional
                reform process will provide the basis for free, fair,
                and competitive elections in Burma;
                    (C) the Government of Burma has amended its
                constitution and laws to ensure civilian control of the
                military and implemented reforms to increase the
                transparency and accountability of the military's
                budget and operations, and the Burmese military has
                taken substantial and meaningful steps to divest itself
                from ownership of commercial businesses;
                    (D) the Government of Burma is showing meaningful
                and well-documented efforts to promote peace agreements
                or political reconciliation and equal and fair
                treatment of all ethnic groups in conflict areas or
                areas of unrest, and to actively address the
                resettlement and humanitarian situation of displaced
                persons; and
                    (E) the Burmese military is--
                            (i) improving its human rights record, as
                        measured by consistent decreases in reports of
                        forced labor, indefinite detention, torture, or
                        cruel, inhumane, and degrading treatment of
                        detainees, and use in armed conflict of
                        indiscriminate or disproportionate methods and
                        means of attack;
                            (ii) demonstrating a genuine interest in
                        reform by ceasing attacks against ethnic
                        minority groups in both ceasefire and non-
                        ceasefire areas;
                            (iii) taking steps to withdraw forces from
                        conflict zones, including by halting the use of
                        soldiers in economic development projects;
                            (iv) adhering to the conditions of
                        ceasefire agreements; and
                            (v) signing and implementing a code of
                        conduct.
            (2) Definition.--In this subsection, the term ``security
        assistance'' means--
                    (A) assistance under chapter 2 (military
                assistance), chapter 5 (military education and
                training), or chapter 6 (peacekeeping operations) of
                part II of the Foreign Assistance Act of 1961;
                    (B) assistance under chapter 8 of part II of the
                Foreign Assistance Act of 1961, chapter 9 of part II of
                such Act, section 504 of the FREEDOM Support Act,
                section 23 of the Arms Export Control Act, or the
                Foreign Assistance Act of 1961 for demining programs
                and activities to be carried out by or in conjunction
                with military units or personnel of a foreign country;
                    (C) sales of defense articles or defense services,
                extensions of credits (including participations in
                credits), and guaranties of loans under the Arms Export
                Control Act; or
                    (D) any license in effect with respect to the
                export of defense articles or defense services to or
                for the armed forces, police, intelligence, or other
                internal security forces of Burma under section 38 of
                the Arms Export Control Act.
            (3) Applicability to fy 2014 funds.--The limitation on the
        availability of funds under this subsection for fiscal year
        2014 shall apply with respect to funds that are unobligated as
        of the date of the enactment of this Act.
            (4) Sense of congress.--Nothing in this Act should be
        construed either to prevent participation by Burmese
        authorities in training on civil-military relations and human
        rights, as carried out by the Defense Institute of
        International Legal Studies, or to prevent United States
        disaster assistance in Burma.
    (b) Report.--
            (1) In general.--Not later than 120 days after the date of
        the enactment of this Act, and annually thereafter, the
        Secretary of State shall submit to the appropriate
        congressional committees a report on the strategy for, and
        plans and status of, engagement between the United States and
        the Burmese military.
            (2) Elements.--The report required under paragraph (1)
        shall include the following elements:
                    (A) A description and assessment of the Government
                of Burma's strategy for security sector reform, an
                identification and comprehensive analysis of those
                reform elements that the United States Government
                should support, and a multi-year cost estimate for
                providing such support.
                    (B) The United States strategy for the relationship
                between the United States and the Burmese military,
                including a description of how and why such engagements
                are necessary for United States national security.
                    (C) An assessment of the human rights record of the
                Burmese military over the past decade, including--
                            (i) an account of violations of human
                        rights and laws of armed conflict by the
                        Burmese military and all paramilitary and
                        security forces under its command, including
                        against ethnic minority groups;
                            (ii) a description of efforts by the
                        Burmese military to implement human rights
                        reforms; and
                            (iii) a description of progress in the
                        relationship between the United States and the
                        Burmese military and such reforms.
                    (D) An assessment of any substantial and meaningful
                steps taken by the Burmese military to implement
                reforms to increase transparency and accountability of
                the military's budget and operations and to divest
                itself from ownership of commercial business.
                    (E) A list of ongoing activities conducted by the
                United States Government and other international donors
                with the Burmese military, including a description of
                each such activity.
                    (F) An update on activities that were listed in
                previous reporting.
                    (G) A list of activities that are planned to occur
                over the upcoming year, with a written description of
                each.
                    (H) A description of progress on the peaceful
                settlement of armed conflicts between the Government of
                Burma and ethnic minority groups, including the steps
                taken by the Burmese military to demonstrate respect
                for ceasefires, laws of armed conflict, and human
                rights provisions prohibiting rape, torture, forced
                labor, trafficking, and the use of child soldiers.
                    (I) A description of the concrete steps the
                Government of Burma has taken--
                            (i) to establish a fair, transparent, and
                        inclusive process to amend the Constitution of
                        Burma;
                            (ii) to promote peace agreements or
                        political reconciliation and equal and fair
                        treatment of all ethnic groups in conflict
                        areas or areas of unrest; and
                            (iii) to actively address the resettlement
                        and humanitarian situation of displaced
                        persons.
                    (J) An assessment of the status of the Burmese
                military's cooperation with civilian authorities to
                investigate and resolve cases of human rights
                violations.
            (3) Form.--The report required under paragraph (1) shall be
        submitted in unclassified form, but may contain a classified
        annex as necessary.
    (c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.

Summary: Burma Human Rights and Democracy Act of 2014 - Prohibits FY2014 or FY2015 funds from being made available for security assistance to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea. (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups. (3) Burma has amended its constitution and laws to ensure civilian control of the military. (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons. And (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. States that nothing in this Act should be construed to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent US disaster assistance in Burma. Directs the Secretary of State to report annually to Congress on the status of military-to-military engagement between the US Armed Forces and the Burmese military.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Desert Community Lands Act''.

SEC. 2. CONVEYANCE FOR APPLE VALLEY OFF-HIGHWAY VEHICLE RECREATION
              AREA.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (2) Town.--The term ``Town'' means the town of Apple
        Valley, California.
    (b) Conveyance of Federal Land to Town.--
            (1) Conveyance required.--At the request of the Town, not
        later than 5 years after the date of the enactment of this Act,
        the Secretary shall convey to the Town, without consideration,
        all right, title, and interest of the United States in and to
        the surface estate of the approximately 4,630 acres of land
        generally depicted as ``Proposed Conveyance Area'' on the map
        entitled ``Conveyance to Town of Apple Valley'' and dated June
        1, 2015. Such land shall be known and designated as the ``Apple
        Valley Off-Highway Vehicle Recreation Area''.
            (2) Existing rights and mineral estate.--The conveyance
        under this subsection--
                    (A) is subject to valid existing rights; and
                    (B) does not include the mineral estate.
    (c) Use of Conveyed Land.--
            (1) In general.--The land conveyed under subsection (b) may
        be used by the Town for any public purpose authorized in
        paragraph (2), consistent with the Act of June 14, 1926
        (commonly known as the Recreation and Public Purposes Act; 43
        U.S.C. 869 et seq.).
            (2) Authorized purposes.--The purposes of the conveyance
        under subsection (b) are to allow the Town to use the conveyed
        land to provide--
                    (A) a suitable location for the establishment of a
                centralized off-road vehicle recreation park;
                    (B) the public with opportunities for off-road
                vehicle recreation, including a location for races,
                competitive events, training and other commercial
                services that directly support a centralized off-road
                vehicle recreation area and Town park; and
                    (C) a designated area and facilities that would
                discourage unauthorized use of off-highway vehicles in
                areas that have been identified by the Federal
                Government, the State of California, or San Bernardino
                County as containing environmentally sensitive land.
            (3) Disposal prohibited.--The land conveyed under
        subsection (b) may not be disposed of by the Town without the
        approval of the Secretary.

SEC. 3. CONVEYANCE TO CITY OF TWENTYNINE PALMS, CALIFORNIA.

    (a) Conveyance Required.--At the request of the city of Twentynine
Palms, California, not later than 1 year after the date of the
enactment of this Act, the Secretary of the Interior shall convey to
the city of Twentynine Palms, California, without consideration, all
right, title, and interest of the United States in and to the surface
estate of the land generally depicted as ``Proposed Conveyance to
Twentynine Palms'' on the map entitled ``Proposed Conveyance to
Twentynine Palms'' and dated September 18, 2015.
    (b) Existing Rights and Mineral Estate.--The conveyance under this
section--
            (1) is subject to valid existing rights; and
            (2) does not include the mineral estate.

SEC. 4. CONVEYANCE TO CITY OF BARSTOW, CALIFORNIA.

    (a) Conveyance Required.--At the request of the city of Barstow,
California, not later than 1 year after the date of the enactment of
this Act, the Secretary of the Interior shall convey to the city of
Barstow, California, without consideration, all right, title, and
interest of the United States in and to the surface estate of the land
generally depicted as ``Proposed Conveyance'' on the map entitled
``Proposed Conveyance to the City of Barstow'' and dated January 13,
2017.
    (b) Existing Rights and Mineral Estate.--The conveyance under this
section--
            (1) is subject to valid existing rights; and
            (2) does not include the mineral estate.

SEC. 5. CONVEYANCE TO CITY OF VICTORVILLE, CALIFORNIA.

    (a) Conveyance Required.--At the request of the city of
Victorville, California, not later than 1 year after the date of the
enactment of this Act, the Secretary of the Interior shall convey to
the city of Victorville, California, without consideration, all right,
title, and interest of the United States in and to the surface estate
of the land generally depicted as ``Proposed Conveyance'' on the map
entitled ``Proposed Conveyance to the City of Victorville'' and dated
April 25, 2017.
    (b) Existing Rights and Mineral Estate.--The conveyance under this
subsection--
            (1) is subject to valid existing rights;
            (2) does not include the mineral estate; and
            (3) is subject to the reservation of a permanent easement
        and right of way for flood control, utility, pipeline, or
        telecommunications facilities located within the strips of land
        described in the right of way grant from the United States
        Department of the Interior to Pacific Gas and Electric Company,
        Serial Number R 06259, dated March 2, 1965, and the easement
        from J. Harley Long to Pacific Gas and Electric Company, dated
        February 4, 1957, and recorded in Book 4192, Official Records
        at page 42, San Bernardino County Records. These easements
        include the right, at any time and from time to time, to
        construct, reconstruct, maintain, operate, replace, remove,
        repair, renew, and enlarge facilities for public utility
        purposes, the right to trim and cut down trees and brush that
        the public utility may deem to be a hazard to its facilities,
        and the requirement that the strips of land be kept open and
        free of buildings, structures, and wells of any kind.

Summary: Desert Community Lands Act This bill directs the Department of the Interior to convey, without consideration, to the town of Apple Valley in California the surface estate of specified land, to be known and designated as the Apple Valley Off-Highway Vehicle Recreation Area. The conveyed land may be used by the town to provide: (1) a suitable location for the establishment of a centralized, off-road vehicle recreation park, (2) the public with opportunities for off-road vehicle recreation. And (3) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the federal government, the state of California, or San Bernardino County, California, to contain environmentally sensitive land. Such land may not be disposed of by the town without Interior's approval. Interior may develop a special management plan for the recreation area to enhance the safe use of off-highway vehicles for recreational purposes. Interior shall convey, without consideration, the surface estate of specified lands to the cities of Twentynine Palms, Barstow, and Victorville in California. All land conveyances under this bill are subject to valid existing rights and do not include the mineral estate in the lands conveyed.

Desert Community Lands Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Effective Regulation
and Assessment Systems for Public Schools Act''.

SEC. 2. COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR
              PUBLIC SCHOOLS.

    (a) In General.--The Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) is amended by adding at the end the following:

 ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS
                           FOR PUBLIC SCHOOLS

``SEC. 10001. DEFINITIONS.

    ``In this title:
            ``(1) Chairperson.--The term `Chairperson' means the
        Chairperson of the Commission.
            ``(2) Commission.--The term `Commission' means the
        Commission on Effective Regulation and Assessment Systems for
        Public Schools.
            ``(3) Relevant committees.--The term `relevant committees'
        means the Committee on Health, Education, Labor, and Pensions
        of the Senate and the Committee on Education and the Workforce
        of the House of Representatives.

``SEC. 10002. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND
              ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS.

    ``(a) In General.--Not later than 30 days after the date of
enactment of the Commission on Effective Regulation and Assessment
Systems for Public Schools Act, the Secretary shall establish a
commission to be known as the `Commission on Effective Regulation and
Assessment Systems for Public Schools'.
    ``(b) Purpose.--The Commission shall--
            ``(1) examine Federal, State, and local regulatory
        requirements on elementary and secondary education;
            ``(2) make recommendations on how to align and improve such
        Federal, State, and local requirements to improve performance
        and innovation;
            ``(3) examine the quality and purpose of current Federal,
        State, and local assessment requirements; and
            ``(4) make recommendations to improve and align assessment
        systems to provide quality and meaningful information for
        parents, teachers, and students to improve student achievement,
        teacher performance, and innovation.
    ``(c) Membership.--
            ``(1) Composition.--The Commission shall be composed of--
                    ``(A) 4 Governors;
                    ``(B) 6 State legislators;
                    ``(C) 2 Chief State school officers;
                    ``(D) 2 State officials responsible for
                administering Federal education programs;
                    ``(E) 4 superintendents;
                    ``(F) 2 principals;
                    ``(G) 2 teachers;
                    ``(H) 2 assessment experts; and
                    ``(I) 2 teacher and principal effectiveness
                experts.
            ``(2) Recommendations.--The Secretary shall solicit input
        and nominations for appointing members of the Commission from--
                    ``(A) Governors;
                    ``(B) members of Congress;
                    ``(C) State legislators;
                    ``(D) superintendents, principals, teachers, and
                other members of the education community; and
                    ``(E) parents, students, and other members of the
                general public.
            ``(3) Determination.--The Secretary shall determine the
        membership of the Commission after considering recommendations
        submitted under paragraph (2).
    ``(d) Chairperson.--The Secretary shall designate a Governor as the
Chairperson of the Commission.
    ``(e) Meetings.--The Commission shall hold, at the call of the
Chairperson, at least 1 meeting every 6 months. All such meetings shall
be open to the public. The Commission may hold, at the call of the
Chairperson, such other meetings as the Chairperson sees fit to carry
out this title.
    ``(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
    ``(g) Initial Meeting.--The Commission shall hold its first meeting
not later than 60 days after the date of enactment of the Commission on
Effective Regulation and Assessment Systems for Public Schools Act.

``SEC. 10003. POWERS OF THE COMMISSION.

    ``(a) Hearings.--
            ``(1) In general.--The Commission shall hold such hearings,
        sit and act at such times and places, take such testimony, and
        receive such evidence as the Commission determines appropriate
        to carry out this title.
            ``(2) Participation.--In hearings held under this
        subsection, the Commission shall consider inviting witnesses
        from, among other groups--
                    ``(A) teachers;
                    ``(B) parents;
                    ``(C) principals;
                    ``(D) superintendents;
                    ``(E) Federal, State, and local educational agency
                personnel;
                    ``(F) researchers and other experts; and
                    ``(G) any other individuals determined appropriate
                by the Commission.
    ``(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this title. Upon request of
the Chairperson, the head of such department or agency shall furnish
such information to the Commission.

``SEC. 10004. DUTIES OF THE COMMISSION.

    ``(a) Duties.--
            ``(1) In general.--The Commission shall take such actions
        as it determines necessary to gain a full understanding of the
        issues of effective regulation and assessment systems for
        public schools.
            ``(2) Areas of emphasis.--The Commission shall focus--
                    ``(A) in examining the over-regulation of public
                schools, on--
                            ``(i) examining Federal, State and local
                        regulations governing public schools;
                            ``(ii) differentiating between financial,
                        programmatic, general education, special
                        education, and civil rights requirements;
                            ``(iii) identifying which government entity
                        requires each regulation;
                            ``(iv) measuring the cost of compliance in
                        terms of funds spent on compliance and time in
                        hours and personnel;
                            ``(v) identifying duplicative, redundant,
                        or unnecessary regulations at each governmental
                        level; and
                            ``(vi) investigating how Federal, State,
                        and local interpretations of laws and
                        regulations create additional or unnecessary
                        burden and are used as rationale for imposing
                        requirements that are not actually mandated by
                        law; and
                    ``(B) in examining the effective testing of public
                schools, on--
                            ``(i) examining Federal, State, and local
                        testing and standardized assessment
                        requirements for public elementary schools,
                        middle schools, and high schools;
                            ``(ii) determining the purpose and intent
                        of each such test or assessment, including
                        whether it is intended to measure student
                        achievement and growth, teacher and principal
                        effectiveness, or system accountability;
                            ``(iii) determining the frequency, length,
                        and scheduling of such tests and assessments,
                        and measuring, in hours and days, the student
                        and teacher time spent on testing;
                            ``(iv) examining standardized assessments
                        required by Federal, State, or local
                        requirements, excluding teacher-created tests
                        and quizzes and formative assessments;
                            ``(v) reporting on the quality of
                        standardized assessments;
                            ``(vi) examining reporting practices of
                        test results and the degree to which they are
                        returned in a timely manner with sufficient
                        quality to be useful to parents, teachers and
                        principals, and students to inform and improve
                        their work, including targeting instruction to
                        student needs, grading student work, and
                        evaluating teacher and principal effectiveness;
                            ``(vii) analyzing the ability of quality
                        assessments to measure whether a student is
                        prepared to graduate from high school and
                        pursue college or a career without the need for
                        academic remediation;
                            ``(viii) examining what factors most
                        contribute to quality assessments and the
                        extent to which high-quality assessments can
                        advance student learning;
                            ``(ix) determining the technology
                        infrastructure required for next generation
                        assessments; and
                            ``(x) identifying opportunities to improve
                        assessment practices to better promote parent,
                        teacher and principal, and student
                        understanding of progress toward college and
                        career readiness and public understanding of
                        school performance and educational
                        productivity.
            ``(3) Samples.--In conducting its work under this title,
        the Commission may rely on samples of States and local school
        districts for examples of regulations and testing requirements.
    ``(b) Reports.--
            ``(1) In general.--Subject to paragraph (2), the Commission
        shall provide regular reports in a manner and form of the
        Commission's choosing to--
                    ``(A) the Secretary; and
                    ``(B) the members of the relevant committees.
            ``(2) Annual report.--Not later than 1 year after the date
        of the first meeting of the Commission, and annually
        thereafter, the Commission shall issue a report to--
                    ``(A) the Secretary; and
                    ``(B) the members of the relevant committees.
            ``(3) Public report.--The Commission shall--
                    ``(A) prepare a report--
                            ``(i) analyzing findings of the Commission;
                        and
                            ``(ii) making recommendations for Federal,
                        State, and local policy makers; and
                    ``(B) broadly disseminate such report to the
                general public.
    ``(c) Testimony.--The Chairperson shall annually provide testimony
to the relevant committees.

``SEC. 10005. COMMISSION PERSONNEL MATTERS.

    ``(a) Compensation of Members.--Each member of the Commission shall
serve without compensation in addition to any such compensation
received for the member's service as an officer or employee of the
United States, if applicable.
    ``(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter 1 of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
    ``(c) Assistance.--
            ``(1) In general.--The Assistant Secretary of Elementary
        and Secondary Education shall provide assistance to the
        Commission, upon request of the Commission, without
        reimbursement.
            ``(2) Detail of government employees.--Any Federal
        Government employee may be detailed to the Commission without
        reimbursement, and such detail shall be without interruption or
        loss of civil service status or privilege.''.
    (b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by adding at
the end the following:

 ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS
                           FOR PUBLIC SCHOOLS

``Sec. 10001. Definitions.
``Sec. 10002. Establishment of Commission on Effective Regulation and
                            Assessment Systems for Public Schools.
``Sec. 10003. Powers of the Commission.
``Sec. 10004. Duties of the Commission.
``Sec. 10005. Commission personnel matters.''.

Summary: Commission on Effective Regulation and Assessment Systems for Public Schools Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish the Commission on Effective Regulation and Assessment Systems for Public Schools, composed of certain government officials, educators, and education policy experts. Requires the Commission to: (1) examine the effect government regulations have on elementary and secondary education. (2) recommend ways to align and improve those regulations to improve performance and innovation in education. And (3) recommend ways to improve and align assessment systems to provide reliable and meaningful information to parents, teachers, and students to improve student achievement, teacher performance, and innovation.

A bill to establish the Commission on Effective Regulation and Assessment Systems for Public Schools.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preservation of Access to
Osteoporosis Testing for Medicare Beneficiaries Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since 1997, Congress has recognized the importance of
        osteoporosis prevention by standardizing coverage under the
        Medicare program for bone mass measurement.
            (2) Osteoporosis remains underdiagnosed and undertreated
        despite numerous Federal initiatives, including recommendations
        of the United States Preventive Services Task Force, the 2004
        United States Surgeon General's Report on Bone Health and
        Osteoporosis, and education, counseling, and referral for bone
        mass measurement during the Welcome to Medicare exam.
            (3) Even though osteoporosis is a highly manageable
        disease, many patients lack access to early diagnosis that can
        prevent debilitating fractures, morbidity, and loss of
        mobility.
            (4) Although Caucasians are most likely to sustain
        osteoporosis fractures, from 2005 to 2025 the cost of fractures
        among other populations is projected to increase by 175 percent
        for Latinos and Asian-Americans and 80 percent for African-
        Americans.
            (5) African-American women are more likely than Caucasian
        women to die following a hip fracture.
            (6) Osteoporosis is a critical women's health issue. Women
        account for 71 percent of fractures and 75 percent of
        osteoporosis-associated costs and the incidence of
        osteoporosis-related fractures is greater than the annual
        combined incidence, with respect to women, of heart attack,
        stroke, and breast cancer.
            (7) The World Health Organization, the Centers for Medicare
        & Medicaid Services, and other medical experts concur that the
        most widely accepted method of measuring bone mass to predict
        fracture risk is dual-energy x-ray absorptiometry (in this
        section referred to as ``DXA''). Vertebral fracture assessment
        (in this section referred to as ``VFA'') is another test used
        to identify patients at high risk for future fracture.
            (8) DXA is a cost-effective preventive test with proven
        results in real world settings. DXA testing increases the
        number of people diagnosed with osteoporosis and treated,
        dramatically reducing hip fractures and related costs.
            (9) DXA screening is associated with a significant (37
        percent) reduction in hip fracture rates.
            (10) Unlike other imaging procedures, DXA remains severely
        underutilized, with only one in four women enrolled in the
        Medicare program getting a DXA every two years.
            (11) Underutilization of bone mass measurement will strain
        the Medicare budget because--
                    (A) over half of all individuals in the United
                States who are age 50 or older have osteoporosis or low
                bone mass;
                    (B) more than 52.4 million people in the United
                States had osteoporosis or low bone mass in 2010, as
                compared to 44 million people in the United States in
                2002;
                    (C) osteoporosis fractures are projected to
                increase by almost 50 percent from 2005 to 2025 with
                over 3 million fractures expected to occur annually by
                2025;
                    (D) the population aged 65 and older represents 89
                percent of fracture costs; and
                    (E) the economic burden of osteoporosis fractures
                is projected to increase by nearly 50 percent from 2005
                to 2025, reaching 25.3 million in 2025.
            (12) Underutilization of bone mass measurement will also
        strain the Medicaid budget, which bears the cost of nursing
        home admissions for hip fractures for low-income Americans.
            (13) Reimbursement under the Medicare program for DXA
        provided in physician offices and other non-hospital settings
        was reduced by 50 percent and is scheduled to be reduced by a
        total of 62 percent by 2013. This drop represents one of the
        largest reimbursement reductions in the history of the Medicare
        program. Reimbursement for VFA will also be reduced by 30
        percent by 2013.
            (14) The reduction in reimbursement discourages physicians
        from continuing to provide access to DXA or VFA in their
        offices. DXA testing for older women declined in 2009 for the
        first time since Congress passed the Bone Mass Measurement Act
        in 1997. Since two-thirds of all DXA scans are performed in
        non-facility settings, such as physician offices, patient
        access to bone mass measurement will continue to be severely
        compromised when more physicians discontinue providing such
        tests in their offices, thereby exacerbating the current
        underutilization of the benefit.

SEC. 3. EXTENDING MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.

    (a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
1395w-4) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(B), by striking ``for 2010 and
                2011'' and inserting ``for each of 2010 through 2013'';
                and
                    (B) in paragraph (6)--
                            (i) in the matter preceding subparagraph
                        (A), by striking ``and 2011'' and inserting ``,
                        2011, 2012, and 2013''; and
                            (ii) in subparagraph (C), by striking ``and
                        2011'' and inserting ``, 2011, 2012, and
                        2013''; and
            (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or
        2011'' and inserting ``, 2011, 2012, or 2013''.
    (b) Implementation.--Notwithstanding any other provision of law,
the Secretary may implement the amendments made by subsection (a) by
program instruction or otherwise.

Summary: Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend through 2013 the minimum payment amount for dual-energy x-ray absorptiometry (DXA) services for bone mass measurement.

To amend title XVIII of the Social Security Act to improve access to, and utilization of, bone mass measurement benefits under the Medicare part B program by extending the minimum payment amount for bone mass measurement under such program through 2013.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Ireland Fair Employment
Practices and Principles of Economic Justice Act of 1997''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Currently, overall unemployment in Northern Ireland is
        approximately 13 percent, as compared to 9 percent in the rest
        of the United Kingdom.
            (2) Unemployment in the minority community in Northern
        Ireland is 16 percent (22 percent for males and 8 percent for
        females), and in some portions of the minority community
        unemployment has historically exceeded 70 percent.
            (3) The British Government Fair Employment Commission
        (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has
        consistently reported that a member of the minority community
        is two times more likely to be unemployed than a member of the
        majority community.
            (4) The Investor Responsibility Research Center (IRRC),
        Washington, District of Columbia, lists more than 90 United
        States companies doing business in Northern Ireland, which
        employ approximately 11,000 individuals.
            (5) The religious minority population of Northern Ireland
        is subject to discriminatory hiring practices by some United
        States businesses.
            (6) The MacBride Principles are a nine point set of
        guidelines for fair employment in Northern Ireland which
        establishes a corporate code of conduct to promote equal access
        to regional employment but does not require disinvestment,
        quotas, or reverse discrimination.

SEC. 3. RESTRICTION ON IMPORTS.

    An article from Northern Ireland may not be entered, or withdrawn
from warehouse for consumption, in the customs territory of the United
States unless there is presented at the time of entry to the customs
officer concerned documentation indicating that the enterprise which
manufactured or assembled such article was in compliance at the time of
manufacture with the principles described in section 5.

SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES.

    (a) Compliance.--Any United States person who--
            (1) has a branch or office in Northern Ireland, or
            (2) controls a corporation, partnership, or other
        enterprise in Northern Ireland,
in which more than ten people are employed shall take the necessary
steps to ensure that, in operating such branch, office, corporation,
partnership, or enterprise, those principles relating to employment
practices set forth in section 5 are implemented and this Act is
complied with.
    (b) Report.--Each United States person referred to in subsection
(a) shall submit to the Secretary--
            (1) a detailed and fully documented annual report, signed
        under oath, on showing compliance with the provisions of this
        Act; and
            (2) such other information as the Secretary determines is
        necessary.

SEC. 5. MACBRIDE PRINCIPLES OF ECONOMIC JUSTICE.

    The principles referred to in section 4 are the MacBride Principles
of Economic Justice, which are as follows:
            (1) Increasing the representation of individuals from
        underrepresented religious groups in the workforce, including
        managerial, supervisory, administrative, clerical, and
        technical jobs.
            (2) Providing adequate security for the protection of
        minority employees at the workplace.
            (3) Banning provocative sectarian or political emblems from
        the workplace.
            (4) Providing that all job openings be advertised publicly
        and providing that special recruitment efforts be made to
        attract applicants from underrepresented religious groups.
            (5) Providing that layoff, recall, and termination
        procedures do not favor a particular religious group.
            (6) Abolishing job reservations, apprenticeship
        restrictions, and differential employment criteria which
        discriminate on the basis of religion.
            (7) Providing for the development of training programs that
        will prepare substantial numbers of minority employees for
        skilled jobs, including the expansion of existing programs and
        the creation of new programs to train, upgrade, and improve the
        skills of minority employees.
            (8) Establishing procedures to assess, identify, and
        actively recruit minority employees with the potential for
        further advancement.
            (9) Providing for the appointment of a senior management
        staff member to be responsible for the employment efforts of
        the entity and, within a reasonable period of time, the
        implementation of the principles described in paragraphs (1)
        through (8).

SEC. 6. PROHIBITION.

    Nothing in this Act shall require quotas or reverse discrimination
or mandate their use.

SEC. 7. WAIVER OF PROVISIONS.

    (a) Waiver of Provisions.--In any case in which the President
determines that compliance by a United States person with the
provisions of this Act would harm the national security of the United
States, the President may waive those provisions with respect to that
United States person. The President shall publish in the Federal
Register each waiver granted under this section and shall submit to the
Congress a justification for granting each such waiver. Any such waiver
shall become effective at the end of ninety days after the date on
which the justification is submitted to the Congress unless the
Congress, within that ninety-day period, adopts a joint resolution
disapproving the waiver. In the computation of such ninety-day period,
there shall be excluded the days on which either House of Congress is
not in session because of an adjournment of more than three days to a
day certain or because of an adjournment of the Congress sine die.
    (b) Consideration of Resolutions.--
            (1) Any resolution described in subsection (a) shall be
        considered in the Senate in accordance with the provisions of
        section 601(b) of the International Security Assistance and
        Arms Export Control Act of 1976.
            (2) For the purpose of expediting the consideration and
        adoption of a resolution under subsection (a) in the House of
        Representatives, a motion to proceed to the consideration of
        such resolution after it has been reported by the appropriate
        committee shall be treated as highly privileged in the House of
        Representatives.

SEC. 8. DEFINITIONS AND PRESUMPTIONS.

    (a) Definitions.--For the purpose of this Act--
            (1) the term ``United States person'' means any United
        States resident or national and any domestic concern (including
        any permanent domestic establishment of any foreign concern);
            (2) the term ``Secretary'' means the Secretary of Commerce;
        and
            (3) the term ``Northern Ireland'' includes the counties of
        Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh.
    (b) Presumption.--A United States person shall be presumed to
control a corporation, partnership, or other enterprise in Northern
Ireland if--
            (1) the United States person beneficially owns or controls
        (whether directly or indirectly) more than 50 percent of the
        outstanding voting securities of the corporation, partnership,
        or enterprise;
            (2) the United States person beneficially owns or controls
        (whether directly or indirectly) 25 percent or more of the
        voting securities of the corporation, partnership, or
        enterprise, if no other person owns or controls (whether
        directly or indirectly) an equal or larger percentage;
            (3) the corporation, partnership, or enterprise is operated
        by the United States person pursuant to the provisions of an
        exclusive management contract;
            (4) a majority of the members of the board of directors of
        the corporation, partnership, or enterprise are also members of
        the comparable governing body of the United States person;
            (5) the United States person has authority to appoint the
        majority of the members of the board of directors of the
        corporation, partnership, or enterprise; or
            (6) the United States person has authority to appoint the
        chief operating officer of the corporation, partnership, or
        enterprise.

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of
this Act.

Summary: Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997 - Prohibits the importation into the United States of an article from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with the MacBride Principles of Economic Justice, a nine-point set of guidelines for fair employment in Northern Ireland. Requires any US person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than ten people are employed to insure implementation of such employment principles and compliance with this Act. Declares that nothing in this Act shall require quotas or reverse discrimination or mandate their use. Authorizes the President to waive the requirements of this Act in the interest of US national security.