instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Holocaust Victim Insurance Relief 
Act of 1998''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) During World War II, 6,000,000 victims of the Holocaust 
        lost their lives and property.
            (2) In addition to the many atrocities that befell the 
        victims of the Nazi regime, many of the insurance claims that 
        rightfully should have been paid to the victims and their 
        families were not.
            (3) In many instances, insurance company records are the 
        only proof of the existence of these insurance policies 
        belonging to Holocaust victims.
            (4) Many Holocaust survivors and their descendants have 
        been fighting for 50 years to persuade insurance companies to 
        settle unpaid claims.
            (5) Holocaust survivors and families of victims have asked 
        that insurance companies disclose any information they possess 
        that could show proof of insurance policies held by Holocaust 
        victims and survivors.
            (6) Insurance companies doing business in the United States 
        have a responsibility to ensure that any involvement they or 
        their related companies may have had with insurance policies of 
        Holocaust victims are disclosed to the Federal Government and 
        to ensure the rapid resolution of these questions, eliminating 
        the further victimization of these policyholders and their 
        families.
            (7) The international Jewish community is negotiating with 
        responsible insurance companies to establish an international 
        commission to resolve the issue of outstanding insurance 
        claims.

SEC. 3. ESTABLISHMENT OF HOLOCAUST INSURANCE REGISTRY.

    The Secretary of the Treasury, Secretary of State, and Secretary of 
Commerce shall jointly establish and maintain a central registry 
containing records and information relating to insurance policies of 
victims, living and deceased, of the Holocaust. The registry shall be 
known as the Holocaust Insurance Registry and shall be accessible to 
the public.

SEC. 4. FULL DISCLOSURE BY INSURANCE FIRMS.

    Any insurer currently doing business in the United States that sold 
life, property, liability, health, annuity, dowry, educational, or 
casualty insurance policies, directly or through a related company, to 
persons in Europe, which were in effect between 1920 and 1945, whether 
the sale occurred before or after the insurer and the related company 
became related, shall, within 180 days following the date of the 
enactment of this Act, file or cause to be filed the following 
information with the Departments of the Treasury, State, or Commerce to 
be entered into the Holocaust Insurance Registry:
            (1) The number of such insurance policies.
            (2) The holder, beneficiary, and current status of such 
        policies.
            (3) A comparison of the names of holders and beneficiaries 
        of such policies and the names of the victims of the Holocaust.
The names of victims of the Holocaust shall be provided by the 
Department of State and may additionally be obtained from the Yad 
Vashem repository in Israel.

SEC. 5. CERTIFICATION BY INSURANCE COMPANIES.

    Each insurer subject to section 4 shall certify under penalty of 
perjury to any of the following:
            (1) The proceeds of the policies described in section 4 
        have been paid to the designated beneficiaries or their heirs 
        where that person or persons, after diligent search, could be 
        located and identified.
            (2) The proceeds of the policies where the beneficiaries or 
        heirs could not, after diligent search, be located or 
        identified, have been distributed to Holocaust survivors or to 
        qualified charitable nonprofit organizations for the purpose of 
        assisting Holocaust survivors.
            (3) A court of law has certified in a legal proceeding 
        resolving the rights of unpaid policyholders, their heirs, and 
        beneficiaries, a plan for the distribution of the proceeds.
            (4) The proceeds have not been distributed and the amount 
        of those proceeds.
An insurer currently doing business in the United States that did not 
sell any insurance policies in Europe prior to 1945, shall not be 
subject to this section if a related company, whether or not authorized 
and currently doing business in the United States, has made a filing 
under this section.

SEC. 6. PENALTIES FOR FAILURE TO DISCLOSE INFORMATION.

    (a) In General.--Any insurer that knowingly files information 
required by this Act that is false shall be liable for a civil penalty 
not to exceed $5,000 for each violation, which penalty is hereby 
appropriated to the Departments of Treasury, State, and Commerce to be 
used to aid in the resolution of Holocaust insurance claims.
    (b) Suspension.--Any insurance company that fails to comply with 
the requirements of this Act by the 210th day after the date of the 
enactment of this Act, shall be suspended from practicing in the 
insurance business until the time that the insurer complies with this 
Act.
    (c) Regulation.--The Secretary of the Treasury, Secretary of State, 
and Secretary of Commerce shall jointly adopt regulations to implement 
this Act.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of Congress that outstanding claims under insurance 
policies held by Holocaust victims and survivors be resolved at the 
earliest possible time.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Holocaust victim'' means any person who was 
        persecuted during the period of 1929 to 1945, inclusive, by 
        Nazi Germany, its allies, or sympathizers.
            (2) The term ``related company'' means any parent, 
        subsidiary, reinsurer, successor in interest, managing general 
        agent, or affiliate company of the insurer.
            (3) The term ``proceeds'' means the face value or other 
        payout value of insurance policies and annuities plus 
        reasonable interest to date of payment without diminution for 
        wartime or immediate postwar currency devaluation.
answer:
Holocaust Victim Insurance Relief Act of 1998 - Directs the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce jointly to establish a central public registry containing records and information relating to insurance policies of living and deceased victims of the Holocaust, to be known as the Holocaust Insurance Registry. 
Requires any insurer currently doing business in the United States that sold life, property, liability, health, annuity, dowry, educational, or casualty insurance policies, directly or through a related company, to persons in Europe, which were in effect between 1920 and 1945, to file with the Departments of the Treasury, State, or Commerce for entry into the Registry:  (1) the number of such insurance policies; (2) the holder, beneficiary, and current status of such policies; and (3) a comparison of the names of holders and beneficiaries of such policies and the names of Holocaust victims. 
Requires each such insurer to certify under penalty of perjury to any of the following:  (1) the proceeds of the policies have been paid to the designated beneficiaries or their heirs where that person or persons could be located and identified; (2) the proceeds of the policies, where the beneficiaries or heirs could not be located or identified, have been distributed to Holocaust survivors or to qualified charitable nonprofit organizations for the purpose of assisting Holocaust survivors; (3) a court of law has certified in a legal proceeding resolving the rights of unpaid policyholders, their heirs, and beneficiaries, a plan for the distribution of the proceeds; or (4) the proceeds have not been distributed and the amounts of those proceeds.  Exempts from such filing requirement any insurer currently doing business in the United States that did not sell any insurance policies in Europe before 1945, if a related company, whether or not authorized and currently doing business in the United States, has made such a filing. 
Makes any insurer that knowingly files false information liable for a civil penalty not to exceed $5,000 for each violation, which penalty is appropriated to the Departments of the Treasury, State, and Commerce to be used to aid in the resolution of Holocaust insurance claims.  Declares that any insurance company that fails to comply with the requirements of this Act shall be suspended from practicing in the insurance business until the time that the insurer complies. 
Expresses the sense of the Congress that outstanding claims under insurance policies held by Holocaust victims and survivors be resolved at the earliest possible time.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanic and Atmospheric 
Administration Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (2) Function.--The term ``function'' includes any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (3) Office.--The term ``office'' includes any office, 
        institute, council, unit, organizational entity, or component 
        thereof.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere 
        appointed under section 102.

SEC. 3. ORGANIZATION OF ADMINISTRATION.

    (a) In General.--There shall be in the Department of Commerce an 
agency known as the National Oceanic and Atmospheric Administration.
    (b) Primary Missions.--The primary missions of the Administration 
are the following:
            (1) The provision and certification of hydrographic and 
        geodetic products and data.
            (2) The conservation and management of the Nation's coastal 
        and marine resources.
            (3) The exploration of the oceans and the Great Lakes.
            (4) To further human understanding of--
                    (A) the oceans and the Great Lakes;
                    (B) the earth's atmosphere; and
                    (C) the functional relationship of the oceans and 
                the atmosphere.
            (5) Forecasting the Nation's weather and climate.
    (c) Components.--The Secretary shall maintain within the 
Administration the following components:
            (1) The National Coast and Ocean Service.
            (2) The National Oceanic and Atmospheric Research Service.
            (3) The National Marine Fisheries Service.
            (4) The National Weather Service.
            (5) The National Environmental Satellite and Data 
        Information Service.
            (6) The Office of Marine and Aviation Operations.
            (7) Such other components as the Secretary considers 
        necessary.
    (d) Functions.--The Administration shall perform such functions as 
were vested in the Administration or any officer, employee, or office 
of the Administration immediately before the enactment of this Act, 
except as may be provided otherwise by law or by a redelegation of 
authority after that date by the President, the Secretary of Commerce, 
or any other officer of the United States who delegated such function 
to the Administration before that date or who is otherwise authorized 
to make such a redelegation.

SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE.

    (a) In General.--There shall be at the head of the Administration 
the Under Secretary of Commerce for Oceans and Atmosphere. The Under 
Secretary shall be appointed by the President, by and with the advice 
and consent of the Senate. The Under Secretary shall be paid at the 
rate of basic pay for level III of the Executive Schedule.
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary, the Under Secretary shall perform such functions and 
exercise such powers with respect to the Administration as the 
Secretary may prescribe, including the following:
            (1) Serve as the Administrator of the National Oceanic and 
        Atmospheric Administration.
            (2) General management.
            (3) Policy development and guidance.
            (4) Budget formulation, guidance, and execution, and other 
        financial matters.
            (5) Resource requirements determination and allocation.
            (6) Program management and direction.
            (7) Environment, safety, and health operations.
            (8) Administration of contracts, real property, and 
        facilities.
            (9) Personnel, including the selection, appointment, 
        distribution, supervision, compensation, and separation of 
        personnel.
            (10) Procurement of services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code.
            (11) External affairs, including legal, legislative, and 
        public affairs, and serving as liaison with other elements of 
        the Department of Commerce and with other Federal agencies, 
        State, tribal, and local governments, and the public.

SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE.

    (a) In General.--There shall be in the Administration an Assistant 
Secretary of Commerce for Oceans and Atmosphere. The Assistant 
Secretary shall be appointed by the President, by and with the advice 
and consent of the Senate. The Assistant Secretary shall be paid at the 
rate of basic pay for level IV of the Executive Schedule.
    (b) Functions.--The Assistant Secretary--
            (1) shall perform such functions and exercise such powers 
        as the Secretary or Under Secretary may prescribe; and
            (2) shall act as Under Secretary during the absence or 
        disability of the Under Secretary or in the event of a vacancy 
        in the office of Under Secretary.

SEC. 6. DEPUTY UNDER SECRETARY.

    (a) In General.--There shall be in the Administration a Deputy 
Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary 
shall be appointed by the Secretary. The position of Deputy Under 
Secretary shall be a Senior Executive Service general position as 
defined in section 3132(a)(9) of title 5, United States Code, (for 
purposes of subchapter II of chapter 31 of title 5, United States 
Code).
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary and the Under Secretary, the Deputy Under Secretary--
            (1) shall serve as an advisor to the Under Secretary and to 
        the Assistant Secretary on all program and policy issues;
            (2) shall be responsible for ensuring the timely and 
        effective implementation of the Administration policies and 
        objectives; and
            (3) in the absence or disability of the Under Secretary or 
        Assistant Secretary, or in the event of a vacancy in either 
        such position, shall act in that position.

SEC. 7. GENERAL COUNSEL.

    (a) In General.--There shall be in the Administration a General 
Counsel. The General Counsel shall be appointed by the Secretary. The 
position of General Counsel shall be a Senior Executive Service general 
position as defined in section 3132(a)(9) of title 5, United States 
Code, (for purposes of subchapter II of chapter 31 of title 5, United 
States Code).
    (b) Functions.--Subject to the authority, direction, and control of 
the Secretary and the Under Secretary, the General Counsel--
            (1) shall serve as the chief legal officer of the 
        Administration for all legal matters that arise in connection 
        with the conduct of the functions of the Administration; and
            (2) shall perform such other functions and exercise such 
        powers as the Secretary or Under Secretary may prescribe.

SEC. 8. ASSISTANT ADMINISTRATORS.

    (a) In General.--There shall be in the Administration the 
following:
            (1) An Assistant Administrator for Coastal and Ocean 
        Services.
            (2) An Assistant Administrator for Oceanic and Atmospheric 
        Research.
            (3) An Assistant Administrator for Fisheries.
            (4) An Assistant Administrator for Weather.
            (5) An Assistant Administrator for Environmental Satellite 
        Data and Information.
            (6) An Assistant Administrator for Program Planning and 
        Integration.
            (7) A Director of Marine and Aviation Operations and the 
        Commissioned Officer Corps.
    (b) Appointment.--Each Assistant Administrator and the Director 
referred to in subsection (a) shall be appointed by the Secretary. Each 
Assistant Administrator position shall be a Senior Executive Service 
general position as defined in section 3132(a)(9) of title 5, United 
States Code (for purposes of subchapter II of chapter 31 of title 5, 
United States Code).
    (c) Qualifications.--Each Assistant Administrator and the Director 
referred to in subsection (a) shall be an individual who is qualified 
by reason of background and experience to direct the implementation and 
administration of the functions for which they are responsible.
    (d) Functions.--Each Assistant Administrator and the Director 
referred to in subsection (a), under the authority, direction, and 
control of the Under Secretary, shall perform such functions and 
exercise such powers as the Under Secretary may prescribe.

SEC. 9. CONTINUATION OF SERVICE.

    Any individual serving on the date of the enactment of this Act in 
a position provided for in this Act may continue to serve in that 
position until a successor is appointed under this Act.

SEC. 10. SCIENCE ADVISORY BOARD.

    (a) In General.--There shall be in the Administration a Science 
Advisory Board, which shall report to the Under Secretary.
    (b) Purpose.--The purpose of the Science Advisory Board is to 
advise the Under Secretary on long-range and short-range strategies for 
research, education, and application of science to resource management 
and environmental assessment and prediction.
    (c) Members.--
            (1) In general.--The Science Advisory Board shall consist 
        of members appointed by the Under Secretary to assure a 
        balanced representation among preeminent scientists, engineers, 
        educators, industry, and science policy experts reflecting the 
        full breadth of the Administration's areas of responsibility.
            (2) Criteria for selection.--The Under Secretary shall 
        develop and apply standard criteria for the selection of 
        members of the Science Advisory Board. -
            (3) Terms.--(A) Members of the Science Advisory Board shall 
        be appointed for a 3-year term, may be reappointed once, and 
        shall serve at the discretion of the Under Secretary.
            (B) An individual serving a term as a member of the Science 
        Advisory Board on the date of enactment of this section may 
        complete that term, and may be reappointed once for another 
        term of 3 years.
            (4) Compensation and expenses.--A member of the Science 
        Advisory Board shall not be compensated for service on such 
        board, but upon request by the member may be allowed travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with subchapter I of chapter 57 of title 5, United 
        States Code.
            (5) Ethical standards.--Members of the Science Advisory 
        Board shall be subject to the ethical standards applicable to 
        special Government employees.
    (d) Chairperson.--The Under Secretary shall designate one of the 
members of the Science Advisory Board as the Chairperson of such board.
    (e) Meetings.--The Science Advisory Board shall meet at least twice 
each year, and at other times at the call of the Under Secretary or the 
Chairperson.
    (f) Administrative Support.--The Under Secretary shall provide 
administrative support to the Science Advisory Board.

SEC. 11. GENERAL AUTHORITIES.

    (a) Grants, Contracts, and Cooperative Agreements.--In carrying out 
the programs and activities authorized for the Administration, the 
Secretary--
            (1) may enter into grants, contracts, or cooperative 
        agreements with Federal agencies, States, local governments, 
regional agencies, interstate agencies, or other persons; and
            (2) through the Administration, may apply for, accept, and 
        use grants or funds from such entities.
    (b) Resource Sharing Agreements.--The Secretary, in carrying out 
the functions of the Administration, and under terms and conditions 
established by the Secretary--
            (1) may enter into resource sharing agreements with States, 
        local governments, or Federal agencies to accept or provide for 
        funds and the use of personnel, services, equipment, or 
        facilities on a reimbursable, nonreimbursable, or shared basis; 
        and
            (2) may enter into resource sharing agreements with other 
        Federal agencies to accept, or provide, personnel, services, 
        equipment, facilities, or funds, or participate in interagency 
        financing with other Federal agencies, to the extent necessary 
        to fulfill the objectives of programs or activities of the 
        Administration.
    (c) Joint and Cooperative Institutes.--The Secretary may establish, 
by cooperative agreement, joint or cooperative institutes with 
qualified colleges, universities, and nonprofit research organizations 
for the purpose of collaborating on mutually agreed-upon, long-term 
research programs in the areas of oceanography, coastal ocean observing 
technology, climate change, atmosphere, meteorology, marine, coastal 
and estuarine environmental technology, fisheries, hydrography, and 
marine spill response. The Secretary shall design such research 
programs to support the authorized functions of the Administration. The 
Secretary may accept or provide facilities, personnel, equipment, other 
property, knowledge, and other scientific research resources and funds 
on a reimbursable or nonreimbursable basis, as determined by the 
Secretary, for such institutes.

SEC. 12. PROGRAM SUPPORT.

    (a) Corporate Services.--There are authorized to be appropriated to 
the Secretary of Commerce, to enable the National Oceanic and 
Atmospheric Administration to provide corporate services (including 
management, administrative support, and policy development) that 
support its program activities, $95,000,000 for each of fiscal years 
2004 through 2008.
    (b) Marine Operations and Maintenance.--There are authorized to be 
appropriated to the Secretary of Commerce, to enable the National 
Oceanic and Atmospheric Administration to carry out marine services 
activities (including ship operations, maintenance, support and 
planning) under the Act of 1947 and any other law involving those 
activities, $90,000,000 for each of fiscal years 2004 through 2008.
    (c) Facilities.--In addition to amounts authorized under section 3 
of Public Law 104-91, there are authorized to the Secretary of 
Commerce, to enable the National Oceanic and Atmospheric Administration 
to carry out activities related to maintenance, repair, safety, 
environmental compliance, and project planning and execution of 
facilities, $20,000,000 for each of fiscal years 2004 through 2008.

SEC. 13. NOAA FLEET REPLACEMENT AND MODERNIZATION.

    (a) In General.--Section 603 of the NOAA Fleet Modernization Act 
(33 U.S.C. 891a) is amended to read as follows:

``SEC. 603. FLEET REPLACEMENT AND MODERNIZATION PROGRAM.

    ``(a) In General.--The Secretary may implement a program to replace 
and modernize the NOAA fleet in accordance with a plan submitted in 
accordance with section 604.
    ``(b) NOAA Vessel Construction.--
            ``(1) Prohibition on foreign construction.--Except as 
        provided in paragraph (2), no NOAA vessel, and no major 
        component of the hull  or superstructure of a NOAA vessel, may 
be constructed in a foreign shipyard.
            ``(2) Exceptions.--The President may authorize an exception 
        to the prohibition in paragraph (1) if the President determines 
        that it is in the national security interest of the United 
        States to do so. The President shall transmit notice to the 
        Congress of any such determination. No contract may be made 
        pursuant to such an exception until the end of the 30-day 
        period beginning on the date the notice of such determination 
        is received by the Congress.''.
    (b) Fleet Modernization Plan.--Section 604 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891b) is amended to read as follows:

``SEC. 604. FLEET MODERNIZATION PLAN.

    ``(a) In General.--No later than 30 days after the date of the 
enactment of the National Oceanic and Atmospheric Administration Act of 
2003, the Secretary shall submit to the Committee on Resources and the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a modernization 
plan for the NOAA fleet covering fiscal years 2004 through 2008.
    ``(b) Plan Elements.--The Plan required under subsection (a) shall 
include the following:
            ``(1) The number of vessels proposed to be modernized or 
        replaced, the schedule for their modernization or replacement, 
        and anticipated funding requirements for such modernization and 
        replacement.
            ``(2) The number of vessels proposed to be constructed, 
        leased, or chartered.
            ``(3) The number of vessels, or days at sea, that can be 
        obtained by using the vessels of the UNOLS.
            ``(4) The number of vessels that will be made available to 
        NOAA by the Secretary of the Navy, or any other Federal 
        official, and the terms and conditions for their availability.
            ``(5) The proposed acquisition of modern scientific 
        instrumentation for the NOAA fleet, including--
                    ``(A) acoustic systems;
                    ``(B) data transmission positioning and 
                communications systems;
                    ``(C) physical, chemical, and meteorological 
                oceanographic systems; and
                    ``(D) data acquisition and processing systems.''.
    (c) Use of UNOLS Vessels.--Section 605 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891c) is amended to read as follows:

``SEC. 605. USE OF VESSELS.

    ``In carrying out the primary missions of NOAA under section 3(b) 
of the National Oceanic and Atmospheric Administration Act of 2003, the 
Secretary--
            ``(1) shall use excess capacity of UNOLS vessels where 
        appropriate; and
            ``(2) may enter into memoranda of agreement with the 
        operators of those vessels to carry out the requirement under 
        paragraph (1).''.
    (d) Repeals.--Sections 607, 608, 609 and 610 of the NOAA Fleet 
Modernization Act (33 U.S.C. 891e-891h) are repealed.

SEC. 14. CONFORMING AMENDMENTS AND REPEALS.

    (a) Pay Rate of Deputy Under Secretary.--Section 5315 of title 5, 
United States Code, is amended by adding at the end the following:
            ``Deputy Under Secretary of Commerce for Oceans and 
        Atmosphere.''.
    (b) Reorganization Plan Number 4 of 1970.--
            (1) Repeal.--Reorganization Plan Number 4 of 1970 (5 App. 
        U.S.C.) is repealed.
            (2) Relationship to administration functions.--Subparagraph 
        (A) shall not affect the functions of the Administration under 
        section 3(d) of this Act.
            (3) Notice of reprogramming.--Section 403 of Public Law 
        102-567 (106 Stat. 4291) is amended by striking ``$250,000 or 
        5'' and inserting ``$500,000 or 10''.
answer:
National Oceanic and Atmospheric Administration Act of 2003 - Re-establishes the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by the Under Secretary of Commerce for Oceans and Atmosphere who will serve as the Administrator of NOAA.Establishes within NOAA: (1) the National Coast (sic) and Ocean Service; (2) the National Oceanic and Atmospheric Research Service; (3) the National Marine Fisheries Service; (4) the National Weather Service; (5) the National Environmental Satellite and Data Information Service; (6) the Office of Marine and Aviation Operations; and (7) such other components as the Secretary considers necessary.Establishes within NOAA the positions of: (1) Assistant Secretary of Commerce for Oceans and Atmosphere; (2) Deputy Under Secretary for Oceans and Atmosphere; (3) General Counsel; and (4) Assistant Administrators for the Services and a Director of Marine and Aviation Operations and the Commissioned Officer Corps.Establishes within NOAA a Science Advisory Board.Authorizes the Secretary to: (1) enter into grants, contracts, or cooperative agreements with agencies, States, local governments, or other persons and apply for, accept, and use grants or funds from such entities; (2) enter into resource sharing agreements with States, local governments, or Federal agencies; and (3) establish joint or cooperative institutes with qualified entities.Amends the NOAA Fleet Modernization Act to authorize the Secretary to implement a program to replace and modernize the NOAA fleet. Requires the Secretary to submit to Congress a modernization plan for the NOAA fleet covering FY 2004 through 2008.


question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Two-Midnight Rule Delay Act of 
2013''.

SEC. 2. ENFORCEMENT DELAY OF MEDICARE TWO-MIDNIGHT RULE TO PERMIT 
              DEVELOPMENT OF A NEW MEDICARE PAYMENT METHODOLOGY FOR 
              SHORT INPATIENT HOSPITAL STAYS.

    (a) Delay in Enforcement of Two-Midnight Rule.--
            (1) In general.--The Secretary of Health and Human Services 
        (referred to in this section as the ``Secretary'') shall not 
        enforce the provisions of the two-midnight rule (as defined in 
        paragraph (2)) with respect to admissions to a hospital (as 
        defined in subsection (d)) for which payment is made under the 
        Medicare program under title XVIII of the Social Security Act 
        (42 U.S.C. 1395 et seq.) for admissions occurring before 
        October 1, 2014.
            (2) Two-midnight rule defined.--In this section, the term 
        ``two-midnight rule'' means the following numbered amendments 
        to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule 
        (and includes any sub-regulatory guidance issued in the 
        implementation of such amendments and any portion of the 
        preamble of section XI.C. of such rule relating to such 
        amendments):
                    (A) Amendment 2 (on page 50965), which adds a 
                section 412.3 of title 42, Code of Federal Regulations 
                (relating to admissions).
                    (B) Amendment 3 (on page 50965), which revises 
                section 412.46 of such title (relating to medical 
                review requirements).
                    (C) Amendment 23 (on page 50969), which amends 
                paragraphs (d) and (e)(2) of section 424.11 of such 
                title (relating to conditions of payment: General 
                procedures).
                    (D) Amendment 24 (on pages 50969 and 50970), which 
                revises section 424.13 of such title (relating to 
                requirements for inpatient services of hospitals other 
                than inpatient psychiatric facilities).
                    (E) Amendment 25 (on page 50970), which revises 
                paragraphs (a), (b), (d)(1), and (e) of section 424.14 
                of such title (relating to requirements for inpatient 
                services of inpatient psychiatric facilities).
                    (F) Amendment 26 (on page 50970), which revises 
                section 424.15 of such title (relating to requirements 
                for inpatient CAH services).
            (3) IPPS fy 2014 final rule defined.--In this section, the 
        term ``IPPS FY 2014 Final Rule'' means the final rule (CMS-
        1599-F, CMS-1455-F) published by the Centers for Medicare & 
        Medicaid Services in the Federal Register on August 19, 2013, 
        entitled ``Medicare Program; Hospital Inpatient Prospective 
        Payment Systems for Acute Care Hospitals and the Long-Term Care 
        Hospital Prospective Payment System and Fiscal Year 2014 Rates; 
        Quality Reporting Requirements for Specific Providers; Hospital 
        Conditions of Participation; Payment Policies Related to 
        Patient Status'' (78 Federal Register 50496 et seq.).
            (4) Application to medicare review contractors.--
                    (A) In general.--Paragraph (1) shall also apply to 
                Medicare review contractors (as defined in subparagraph 
                (B)). No Medicare review contractor may deny a claim 
                for payment for inpatient hospital services furnished 
                by a hospital, or inpatient critical access hospital 
                services furnished by a critical access hospital, for 
                which payment may be made under title XVIII of the 
                Social Security Act for discharges occurring before the 
                date specified in paragraph (1)--
                            (i) for medical necessity due to the length 
                        of an inpatient stay in such hospital or due to 
                        a determination that the services could have 
                        been provided on an outpatient basis; or
                            (ii) for requirements for orders, 
                        certifications, or recertifications, and 
                        associated documentation relating to the 
                        matters described in clause (i).
                    (B) Medicare review contractor defined.--In 
                subparagraph (A), the term ``Medicare review 
                contractor'' means any contractor or entity that has 
                entered into a contract or subcontract with the Centers 
                for Medicare & Medicaid Services with respect to the 
                Medicare program to review claims for items and 
                services furnished for which payment is made under 
                title XVIII of the Social Security Act, including--
                            (i) Medicare administrative contractors 
                        under section 1874A of the Social Security Act 
                        (42 U.S.C. 1395kk-1); and
                            (ii) recovery audit contractors under 
                        section 1893(h) of such Act (42 U.S.C. 
                        1395ddd(h)).
            (5) Continuation of medicare probe and educate program for 
        inpatient hospital admissions.--
                    (A) In general.--Subject to subparagraph (B), 
                nothing in this subsection shall be construed to 
                preclude the Secretary from continuing the conduct by 
                Medicare administrative contractors of the Medicare 
                Probe and Educate program (as defined in subparagraph 
                (C)) for hospital admissions during the delay of 
                enforcement under paragraph (1).
                    (B) Maintenance of sample prepayment record 
                limits.--The Secretary may not increase the sample of 
                claims selected for prepayment review under the 
                Medicare Probe and Educate program above the number and 
                type established by the Secretary under such program as 
                of November 4, 2013, such as 10 claims for most 
                hospitals and 25 claims for large hospitals.
                    (C) Medicare probe and educate program defined.--In 
                this paragraph, the term ``Medicare Probe and Educate 
                program'' means the program established by the 
                Secretary as in effect on November 4, 2013 (and 
                described in a public document made available by the 
                Centers for Medicare & Medicaid Services on its Website 
                entitled ``Frequently Asked Questions 2 Midnight 
                Inpatient Admission Guidance & Patient Status Reviews 
                for Admissions on or after October 1, 2013'') under 
                which Medicare administrative contractors--
                            (i) conduct prepayment patient status 
                        reviews for inpatient hospital claims with 
                        dates of admission on or after October 1, 2013, 
                        and before March 31, 2014; and
                            (ii) based on the results of such 
                        prepayment patient status reviews, conduct 
                        educational outreach efforts during the 
                        following 3 months.
    (b) Short Inpatient Hospital Stay Payment Methodology.--
            (1) In general.--The Secretary shall develop a payment 
        methodology under the Medicare program for hospitals for short 
        inpatient hospital stays (as defined in paragraph (2)). Such 
        payment methodology may be a reduced payment amount for such 
        inpatient hospital services than would otherwise apply if paid 
        for under section 1886(d) of the Social Security Act (42 U.S.C. 
        1395ww(d)) or may be an alternative payment methodology. The 
        Secretary shall promulgate such payment methodology as part of 
        the annual regulations implementing the Medicare hospital 
        inpatient prospective payment system for fiscal year 2015.
            (2) Short inpatient hospital stay defined.--In this 
        section. the term ``short inpatient hospital stay'' means, with 
        respect to an inpatient admission of an individual entitled to 
        benefits under part A of title XVIII of the Social Security Act 
        to a hospital, a length of stay that is less than the length of 
        stay required to satisfy the 2-midnight benchmark described in 
        section 412.3 of title 42, Code of Federal Regulation, as 
        amended under the Amendment 2 referred to in subsection 
        (a)(2)(A).
    (c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and 
CPT Codes.--
            (1) ICD10-to-CPT crosswalk.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this Act, the Secretary shall 
                develop general equivalency maps (referred to in this 
                subsection as ``crosswalks'') to link the relevant ICD-
                10 codes to relevant CPT codes, and the relevant CPT 
                codes to relevant ICD-10 codes, in order to permit 
                comparisons of inpatient hospital services, for which 
                payment is made under section 1886 of the Social 
                Security Act (42 U.S.C. 1395ww), and hospital 
                outpatient department services, for which payment is 
                made under section 1833(t) of such Act (42 U.S.C. 
                1395l(t)). In this subsection the terms ``ICD-10 
                codes'' and ``CPT codes'' include procedure as well as 
                diagnostic codes.
                    (B) Process.--
                            (i) In general.--In carrying out 
                        subparagraph (A), the Secretary shall develop a 
                        proposed ICD10-to-CPT crosswalk which shall be 
                        made available for public comment for a period 
                        of not less than 60 days.
                            (ii) Notice.--The Secretary shall provide 
                        notice of the comment period through the 
                        following:
                                    (I) Publication of notice of 
                                proposed rulemaking in the Federal 
                                Register.
                                    (II) A solicitation posted on the 
                                Internet Website of the Centers for 
                                Medicare & Medicaid Services.
                                    (III) An announcement on the 
                                Internet Website of the Centers for 
                                Medicare & Medicaid Services of the 
                                availability of the proposed crosswalk 
                                and the deadline for comments.
                                    (IV) A broadcast through an 
                                appropriate Listserv operated by the 
                                Centers for Medicare & Medicaid 
                                Services.
                            (iii) Use of the icd-9-cm coordination and 
                        maintenance committee.--The Secretary also 
                        shall instruct the ICD-9-CM Coordination and 
                        Maintenance Committee to convene a meeting to 
                        receive input from the public regarding the 
                        proposed ICD10-to-CPT crosswalk.
                            (iv) Publication of final crosswalks.--
                        Taking into consideration comments received on 
                        the proposed crosswalk, the Secretary shall 
                        publish a final ICD10-to-CPT crosswalk under 
                        subparagraph (A) and shall post such crosswalk 
                        on the Internet Website of the Centers for 
                        Medicare & Medicaid Services.
                            (v) Updating.--The Secretary shall update 
                        such crosswalk on an annual basis.
            (2) DRG-to-APC crosswalk.--
                    (A) In general.--The Secretary shall, using the 
                ICD10-to-CPT crosswalk developed under paragraph (1), 
                develop a second crosswalk between diagnosis-related 
                group (DRG) codes for inpatient hospital services and 
                Ambulatory Payment Class (APC) codes for outpatient 
                hospital services.
                    (B) Data to be used.--In developing such crosswalk, 
                the Secretary shall use claims data for inpatient 
                hospital services for discharges occurring in fiscal 
                years beginning with fiscal year 2015 and for 
                outpatient hospital services furnished in years 
                beginning with 2015.
                    (C) Publication.--Not later than June 30, 2017, the 
                Secretary shall publish the DRG-to-APC crosswalk 
                developed under this paragraph.
    (d) Hospital Defined.--For purposes of this section, the term 
``hospital'' means the following (insofar as such terms are used under 
title XVIII of the Social Security Act):
            (1) An acute care hospital.
            (2) A critical access hospital.
            (3) A long-term care hospital.
            (4) An inpatient psychiatric facility.
answer:

Two-Midnight Rule Delay Act of 2013 - Prohibits the Secretary of Health and Human Services (HHS) from enforcing the two-midnight rule to a hospital for which payment is made under title XVIII (Medicare) of the Social Security Act for admissions occurring before October 1, 2014. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Applies&nbsp;such prohibition to Medicare review contracts.  Prohibits Medicare review contractors from denying a claim for inpartient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for discharges occurring before October 1, 2014: (1) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) for requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013. Directs the Secretary to develop: (1) a Medicare hospital payment methodology for short inpatient hospital stays; (2)&nbsp;general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department servives; and (3) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class codes for outpatient hospital services.