In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Inspiration School Grant 
Program Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to the National Science Board's 2010 Science 
        and Engineering Indicators, only 5 percent of American college 
        graduates major in engineering. In Asia, about 20 percent of 
        all baccalaureate degrees are in engineering and in China about 
        33 percent of baccalaureate degrees are in engineering.
            (2) Although 4th graders in the United States score well 
        against international competition, students in the United 
        States fall near the bottom or dead last by 12th grade in 
        mathematics and science, respectively.
            (3) Admissions requirements for undergraduate engineering 
        schools include a solid background in mathematics (algebra, 
        geometry, trigonometry, and calculus) and science (biology, 
        chemistry, and physics), in addition to courses in English, 
        social studies, and humanities.
            (4) According to the Bureau of Labor Statistics, overall 
        engineering employment is expected to grow by 11 percent from 
        2008 through 2018, and, as a group, engineers earn some of the 
        highest average starting salaries among individuals holding 
        baccalaureate degrees.
            (5) According to the Department of Labor, engineers should 
        be creative, inquisitive, analytical, and detail-oriented. 
        Engineers should be able to work as part of a team and to 
        communicate well, both orally and in writing. Communication 
        abilities are becoming increasingly important as engineers 
        interact more frequently with specialists in a wide range of 
        fields outside engineering.
            (6) Exposure to project- and problem-based learning, in a 
        competitive team environment, gives 9th through 12th graders 
        the skills that they need to be successful in engineering 
        programs of study and engineering careers.
            (7) According to Brandeis University's Center for Youth and 
        Communities, participants in FIRST Robotics (a nonprofit 
        organization that inspires young people to be science and 
        technology leaders by engaging the young people in mentor-based 
        programs)--
                    (A) are more likely than nonparticipants to attend 
                an institution of higher education on a full-time basis 
                (88 percent versus 53 percent);
                    (B) are nearly 2 times as likely to major in a 
                science or engineering field; and
                    (C) are more than 3 times as likely to have majored 
                specifically in engineering.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (2) Low-income student.--The term ``low-income student'' 
        means a student who is eligible for free or reduced price lunch 
        under the Richard B. Russell National School Lunch Act (42 
        U.S.C. 1751 et seq.).
            (3) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (5) STEM.--The term ``STEM'' means science, technology, 
        engineering (including robotics), or mathematics.
            (6) Non-traditional stem education teaching methods.--The 
        term ``non-traditional STEM education teaching methods'' means 
        a STEM education method or strategy such as incorporating self-
        directed student learning, inquiry-based learning, cooperative 
        learning in small groups, collaboration with mentors in the 
        field of study, and participation in STEM-related competitions.

SEC. 4. INNOVATIVE INSPIRATION SCHOOL GRANT PROGRAM.

    (a) Goals of Program.--The goals of the Innovation Inspiration 
grant program are--
            (1) to provide opportunities for local educational agencies 
        to support non-traditional STEM education teaching methods;
            (2) to support the participation of students in nonprofit 
        STEM competitions;
            (3) to foster innovation and broaden interest in, and 
        access to, careers in the STEM fields by investing in programs 
        supported by educators and professional mentors who receive 
        hands-on training and ongoing communications that strengthen 
        the interactions of the educators and mentors with--
                    (A) students who are involved in STEM activities; 
                and
                    (B) other students in the STEM classrooms and 
                communities of such educators and mentors; and
            (4) to encourage collaboration among students, engineers, 
        and professional mentors.
    (b) Program Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to local educational agencies 
        to enable the local educational agencies--
                    (A) to promote STEM in secondary schools;
                    (B) to support the participation of secondary 
                school students in non-traditional STEM teaching 
                methods; and
                    (C) to broaden secondary school students' access to 
                careers in STEM.
            (2) Duration.--The Secretary shall award each grant under 
        this Act for a period of not more than 5 years.
            (3) Amounts.--The Secretary shall award a grant under this 
        Act in an amount that is sufficient to carry out the goals of 
        this Act.
    (c) Application.--
            (1) In general.--Each local educational agency desiring a 
        grant under this Act shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may reasonably require.
            (2) Contents.--The application shall, at a minimum, include 
        a description of how the local educational agency will--
                    (A) carry out STEM teaching programs that will use 
                a non-traditional STEM teaching method;
                    (B) identify and recruit partners and mentors--
                            (i) to help carry out the programs 
                        described in subparagraph (A); and
                            (ii) to assist students who participate in 
                        such programs, including through technology-
                        supported means;
                    (C) support educators who lead such programs, and 
                participants in such programs, through stipends or 
                other incentives;
                    (D) recruit young women and individuals from 
                populations historically underrepresented in the STEM 
                fields to participate in such programs;
                    (E) identify public and private partners that can 
                support such programs with cash or in-kind 
                contributions;
                    (F) plan for sustaining such programs financially 
                beyond the grant period; and
                    (G) evaluate the grant project and the results of 
                the grant project among participating students, 
                including--
                            (i) comparing students who participate in 
                        the grant project to similar students who do 
                        not participate; and
                            (ii) evaluating--
                                    (I) secondary school graduation 
                                rates;
                                    (II) rates of attendance at 
                                institutions of higher education;
                                    (III) the number of students taking 
                                advanced STEM related secondary school 
                                classes; and
                                    (IV) the ability of students 
                                participating in the grant project to 
                                partner with professional mentors.
            (3) Preference.--In awarding grants under this section, the 
        Secretary shall give priority to applications from local 
        educational agencies that propose to carry out activities that 
        target--
                    (A) a rural or urban school;
                    (B) a low-performing school or local educational 
                agency; or
                    (C) a local educational agency or school that 
                serves low-income students.
    (d) Uses of Funds.--
            (1) In general.--Each local educational agency that 
        receives a grant under this Act shall use the grant funds for 
        any of the following:
                    (A) STEM education and career activities.--
                Promotion of STEM education and career activities.
                    (B) Purchase of parts.--The purchase of parts and 
                supplies needed to support participation in non-
                traditional STEM teaching methods.
                    (C) Teacher incentives and stipends.--Incentives 
                and stipends for teachers involved in non-traditional 
                STEM teaching methods outside of their regular teaching 
                duties.
                    (D) Support and expenses.--Support and expenses for 
                student and team participation in regional and national 
                nonprofit STEM competitions.
                    (E) Additional materials and support.--Additional 
                materials and support, such as equipment, facility use, 
                technology, broadband access, and other expenses, 
                directly associated with non-traditional STEM teaching 
                and mentoring.
                    (F) Evaluation.--Carrying out the evaluation 
                described in subsection (c)(2)(G).
                    (G) Other activities.--Carrying out other 
                activities that are related to the goals of the grant 
                program, as described in subsection (a).
            (2) Prohibition.--A local educational agency shall not use 
        grant funds awarded under this Act to participate in any STEM 
        competition that is not a nonprofit competition.
            (3) Administrative costs.--Each local educational agency 
        that receives a grant under this Act may use not more than 2 
        percent of the grant funds for costs related to the 
        administration of the grant project.
    (e) Matching Requirement.--
            (1) In general.--Subject to paragraph (2), each local 
        educational agency that receives a grant under this Act shall 
        secure, toward the cost of the activities assisted under the 
        grant, from non-Federal sources, an amount equal to 50 percent 
        of the grant. The non-Federal contribution may be provided in 
        cash or in kind.
            (2) Waiver.--The Secretary may waive all or part of the 
        matching requirement described in paragraph (1) for a local 
        educational agency if the Secretary determines that applying 
        the matching requirement would result in a serious financial 
        hardship or a financial inability to carry out the goals of the 
        grant project.
    (f) Supplement, Not Supplant.--Grant funds provided to a local 
educational agency under this Act shall be used to supplement, and not 
supplant, funds that would otherwise be used for activities authorized 
under this Act.
    (g) Evaluation.--The Secretary shall establish an evaluation 
program to determine the efficacy of the grant program established by 
this Act, which shall include comparing students participating in a 
grant project funded under this Act to similar students who do not so 
participate, in order to assess the impact of student participation 
on--
            (1) what courses a student takes in the future; and
            (2) a student's postsecondary study.
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this Act such sums as may be necessary for each of 
        the fiscal years 2014 through 2018.
            (2) Limitations.--Of the amounts appropriated under 
        paragraph (1) for a fiscal year, not more than 2 percent shall 
        be used for the evaluation described under subsection (g).
[A]: Innovation Inspiration School Grant Program Act - Authorizes the Secretary of Education to award competitive matching grants to local educational agencies (LEAs) to: (1) promote science, technology, engineering (including robotics), and mathematics (STEM) in secondary schools; (2) support the participation of secondary school students in nontraditional STEM teaching methods; and (3) broaden secondary school students' access to STEM careers. Gives priority to grant applications that target: (1) a rural or urban school, (2) a low-performing school or LEA, or (3) an LEA or school that serves students who are eligible for free or reduced price lunches under the school lunch program. Authorizes the Secretary to waive all or part of the matching requirement for financially-strapped LEAs. Directs the Secretary to evaluate the efficacy of the grant program.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Enforcement 
Improvements Act of 1993''.

SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL 
              RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN 
              CHILD SUPPORT CASES.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law, a depository institution shall not be liable under any 
Federal or State law to any person for disclosing any financial record 
of an individual to a State child support enforcement agency attempting 
to establish, modify, or enforce a child support obligation of such 
individual.
    (b) Prohibition of Disclosure of Financial Record Obtained by State 
Child Support Enforcement Agency.--A State child support enforcement 
agency which obtains a financial record of an individual from a 
financial institution pursuant to subsection (a) may disclose such 
financial record only for the purpose of, and to the extent necessary 
in, establishing, modifying, or enforcing a child support obligation of 
such individual.
    (c) Civil Damages for Unauthorized Disclosure.--
            (1) Disclosure by state officer or employee.--If any 
        officer or employee of a State knowingly, or by reason of 
        negligence, discloses a financial record of an individual in 
        violation of subsection (b), such individual may bring a civil 
        action for damages against such State in a district court of 
        the United States.
            (2) No liability for good faith but erroneous 
        interpretation.--No liability shall arise under this subsection 
        with respect to any disclosure which results from a good faith, 
        but erroneous, interpretation of subsection (b).
            (3) Damages.--In any action brought under paragraph (1), 
        upon a finding of liability on the part of the defendant, the 
        defendant shall be liable to the plaintiff in an amount equal 
        to the sum of--
                    (A) the greater of--
                            (i) $1,000 for each act of unauthorized 
                        disclosure of a financial record with respect 
                        to which such defendant is found liable; or
                            (ii) the sum of--
                                    (I) the actual damages sustained by 
                                the plaintiff as a result of such 
                                unauthorized disclosure; plus
                                    (II) in the case of a willful 
                                disclosure or a disclosure which is the 
                                result of gross negligence, punitive 
                                damages; plus
                    (B) the costs of the action.
    (d) Definitions.--For purposes of this section:
            (1) The term ``depository institution'' means--
                    (A) a depository institution, as defined by section 
                3(c) of the Federal Deposit Insurance Act;
                    (B) an institution-affiliated party, as defined by 
                section 3(u) of such Act; and
                    (C) any Federal credit union or State credit union, 
                as defined by section 101 of the Federal Credit Union 
                Act, including an institution-affiliated party of such 
                a credit union, as defined by section 206(r) of such 
                Act.
            (2) The term ``financial record'' has the meaning given 
        such term by section 1101 of the Right to Financial Privacy Act 
        of 1978.
            (3) The term ``State child support enforcement agency'' 
        means a State agency which administers a State program for 
        establishing and enforcing child support obligations.

SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT 
              ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) is amended by adding at the end the following:
            ``(4) To a State child support enforcement agency that is 
        seeking to establish, modify, or enforce a child support 
        obligation against the consumer, if--
                    ``(A) the paternity of the consumer for the child 
                to which the obligation relates has been established or 
                acknowledged by the consumer in accordance with State 
                laws under which the obligation arises (if required by 
                those laws); and
                    ``(B) the State child support enforcement agency--
                            ``(i) before obtaining the consumer report, 
                        provides written notice to the consumer that 
                        the State agency intends to obtain a consumer 
                        report on the consumer; and
                            ``(ii) certifies to the consumer reporting 
                        agency that--
                                    ``(I) the requirement in 
                                subparagraph (A) has been fulfilled (if 
                                applicable); and
                                    ``(II) the notice required by 
                                clause (i) has been provided.''.
    (b) State Child Support Enforcement Agency Defined.--Section 603 of 
such Act (15 U.S.C. 1681a) is amended by adding at the end the 
following new subsection:
    ``(j) The term `State child support enforcement agency' means a 
State agency which administers a State program for establishing and 
enforcing child support obligations.''.

SEC. 4. HEALTH CARE SUPPORT.

    (a) Inclusion in Child Support Orders.--
            (1) In general.--Section 466(a) of the Social Security Act 
        (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) 
        the following:
            ``(11) Not later than the beginning of the 9th calendar 
        month that begins after the date the Secretary prescribes final 
        regulations as provided for in section 467(d)(2):
                    ``(A) Procedures which require any child support 
                order, issued or modified by a court or administrative 
                agency of the State on or after the effective date of 
                guidelines established by the State under section 
                467(d), to provide for coverage of the health care 
                costs of the child in accordance with such guidelines.
                    ``(B) Procedures which require the expedited 
                consideration and disposition of any allegation of 
                noncompliance with an obligation to cover the health 
                care costs of a child imposed under a child support 
                order issued or modified in the State.''.
            (2) State guidelines.--Section 467 of such Act (42 U.S.C. 
        667) is amended by adding at the end the following:
    ``(d)(1) Not later than the beginning of the 9th calendar month 
that begins after the date the Secretary prescribes final regulations 
in accordance with paragraph (2), each State, as a condition for having 
its State plan approved under this part, must establish guidelines for 
the coverage of the health care costs of children pursuant to child 
support orders issued or modified in the State, which guidelines shall 
create a streamlined process that meets the minimum standards 
established by the Secretary in such regulations.
    ``(2)(A) The Secretary shall promulgate regulations which set forth 
minimum standards that any set of guidelines established pursuant to 
paragraph (1) must meet in providing for the coverage of the health 
care costs of children pursuant to child support orders issued or 
modified in the State, including--
            ``(i) the contents of such an order with respect to the 
        coverage of such costs;
            ``(ii) the distribution of responsibility for such costs;
            ``(iii) to the extent that such costs are to be covered 
        through health insurance--
                    ``(I) the provision of such insurance;
                    ``(II) the payment of insurance claims; and
                    ``(III) the rights of the noncustodial parent and 
                the custodial parent to insurance information;
            ``(iv) the circumstances under which a provider of health 
        insurance may or may not deny coverage to a child who is the 
        subject of such an order;
            ``(v) penalties to be imposed on providers of health 
        insurance who fail to comply with the guidelines; and
            ``(vi) how changes in the circumstances of the noncustodial 
        parent and the custodial parent are to be taken into account 
        with respect to the coverage of such costs.
    ``(B) In developing such standards, the Secretary shall ensure 
that, in establishing guidelines pursuant to paragraph (1), the State 
considers the following matters in the following order of importance:
            ``(i) The best interests of the child.
            ``(ii) The financial and other circumstances of the parents 
        of the child.
            ``(iii) Cost-effectiveness.
    ``(3) The preceding subsections of this section shall apply in like 
manner to the guidelines established pursuant to this subsection.''.
            (3) Regulations.--
                    (A) Proposed regulations.--Within 9 months after 
                the date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue proposed 
                regulations to implement the amendments made by this 
                subsection.
                    (B) Final regulations.--Within 14 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue final regulations 
                to implement the amendments made by this subsection.
    (b) Inclusion in Incentive Payments Program of Dependent Health 
Insurance Provided Due to Successful Enforcement.--
            (1) In general.--Section 458(b) of the Social Security Act 
        (42 U.S.C. 658(b)) is amended by adding at the end the 
        following:
    ``(5)(A) For purposes of this section, the successful enforcement 
by the State of a provision of a support order requiring an absent 
parent to obtain health insurance for 1 or more children shall be 
considered the collection of support from the absent parent, without 
regard to the means by which such support is provided.
    ``(B) The amount of support collected in any case in which the 
State successfully enforces a provision of a support order requiring an 
absent parent to obtain health insurance for 1 or more children shall 
be the savings to the State from the provision of such health insurance 
to such children, as determined in accordance with a health insurance 
savings methodology adopted by the State in accordance with regulations 
prescribed by the Secretary.''.
            (2) Regulations.--Within 6 months after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall prescribe such regulations as may be necessary 
        to implement the amendment made by paragraph (1).
            (3) Study; report.--
                    (A) Study.--The Secretary of Health and Human 
                Services shall conduct a study to determine the 
                incentives that should be provided to encourage States 
                to enforce obligations of noncustodial parents to pay 
                (and obtain medical insurance coverage with respect to) 
                the reasonable and necessary health and dental expenses 
                of the children to whom the noncustodial parents owe 
                such obligations.
                    (B) Report.--Not later than 12 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall submit to the Committee 
                on Ways and Means of the House of Representatives and 
                the Committee on Finance of the Senate the results of 
                the study required by subparagraph (A).

SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN 
              WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT 
              ASSISTANCE.

    Section 452(a)(10) of the Social Security Act (42 U.S.C. 
652(a)(10)) is amended--
            (1) in subparagraph (H), by striking ``and'';
            (2) in subparagraph (I), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) compliance, by State, with the standards 
                established pursuant to subsections (h) and (i).''.

SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS 
              REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT 
              PENALTY IMPOSED ON EMPLOYERS.

    (a) In General.--Section 466(b)(6)(A) of the Social Security Act 
(42 U.S.C. 666(b)(6)(A)) is amended--
            (1) in clause (i), by inserting ``within 10 days after the 
        payment of such wages'' before ``to the appropriate agency''; 
        and
            (2) by adding at the end the following:
            ``(iii) The State must require any employer who fails to 
        make any payment required in accordance with clause (i) within 
        the 10-day period described therein to pay the State a $1,000 
        penalty. The State must expend all penalties collected in 
        accordance with this clause for the operation of the State plan 
        approved under section 454, not later than the end of the 
        calendar quarter following the calendar quarter in which 
        collected.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of 
        this subsection, the amendments made by subsection (a) of this 
        section shall take effect on the date of the enactment of this 
        Act and apply to wages paid on or after such date and payments 
        under part D of title IV of the Social Security Act for 
        calendar quarters beginning on or after such date.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under section 454 of the Social 
        Security Act which the Secretary of Health and Human Services 
        determines requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendments made by 
        subsection (a) of this section, the State plan shall not be 
        regarded as failing to comply with the requirements of such 
        section 454 solely on the basis of the failure of the plan to 
        meet such additional requirements before the 1st day of the 1st 
        calendar quarter beginning after the close of the 1st regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of such session shall be deemed to be a 
        separate regular session of the State legislature.

SEC. 7. NATIONAL PARENT LOCATOR NETWORK.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended 
by adding at the end the following:
    ``(g) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders involving 
                the same absent parent, and obtain the details of any 
                such order;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State; 
        and
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each 
        court.''.

                                 

HR 2396 IH----2
[A]: Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual.  Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. 
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. 
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to:  (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities. 
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Prices Reduced with Increased 
Competition and Efficient Development of Drugs Act'' or the ``Lower 
PRICED Drugs Act''.

SEC. 2. GENERIC DRUG USE CERTIFICATION.

    (a) In General.--Section 505(j)(2)(A) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended--
            (1) in clause (vii), by striking ``; and'' and inserting a 
        semicolon;
            (2) in clause (viii), by striking the period and inserting 
        ``; and'';
            (3) by inserting after clause (viii) the following:
            ``(ix) if with respect to a listed drug product referred to 
        in clause (i) that contains an antibiotic drug and the 
        antibiotic drug was the subject of any application for 
        marketing received by the Secretary under section 507 (as in 
        effect before the date of enactment of the Food and Drug 
        Administration Modernization Act of 1997) before November 20, 
        1997, the approved labeling includes a method of use which, in 
        the opinion of the applicant, is claimed by any patent, a 
        statement that--
                    ``(I) identifies the relevant patent and the 
                approved use covered by the patent; and
                    ``(II) the applicant is not seeking approval of 
                such use under this subsection.''; and
            (4) in the last sentence, by striking ``clauses (i) through 
        (viii)'' and inserting ``clauses (i) through (ix)''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any abbreviated new drug application under section 505(j) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) that is 
submitted on, before, or after the date of enactment of this Act.

SEC. 3. PREVENTING ABUSE OF THE THIRTY-MONTH STAY-OF-EFFECTIVENESS 
              PERIOD.

    (a) In General.--Section 505(j)(5)(B)(iii) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iii)) is amended--
            (1) in the second sentence by striking ``may order'' and 
        inserting ``shall order''; and
            (2) by adding at the end the following: ``In determining 
        whether to shorten the thirty-month period under this clause, 
        the court shall consider the totality of the circumstances, 
        including whether the plaintiff sought to extend the discovery 
        schedule, delayed producing discovery, or otherwise acted in a 
        dilatory manner, and the public interest.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any stay of effectiveness period under section 
505(j)(5)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(5)(B)(iii)) pending or filed on or after the date of 
enactment of this Act.

SEC. 4. ENSURING PROPER USE OF PEDIATRIC EXCLUSIVITY.

    (a) Drug Product.--Section 505A of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355a) is amended by striking ``drug'' each 
place it appears and inserting ``drug product''.
    (b) Market Exclusivity for New Drugs.--Section 505A(b) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(b)) is amended--
            (1) in the matter preceding paragraph (1), by--
                    (A) striking ``health'' and inserting 
                ``therapeutically meaningful'';
                    (B) striking ``and'' after ``(which shall include a 
                timeframe for completing such studies),''; and
                    (C) inserting ``, and based on the results of such 
                studies the Secretary approves labeling for the new 
                drug product that provides specific, therapeutically 
                meaningful information about the use of the drug 
                product in pediatric patients'' after ``in accordance 
                with subsection (d)(3)'';
            (2) in paragraph (1)(A)--
                    (A) in clause (i), by--
                            (i) striking ``the period'' and inserting 
                        ``any period''; and
                            (ii) inserting ``that is applicable to the 
                        drug product at the time of initial approval'' 
                        after ``in subsection (j)(5)(F)(ii) of such 
                        section''; and
                    (B) in clause (ii), by--
                            (i) striking ``the period'' and inserting 
                        ``any period''; and
                            (ii) inserting ``that is applicable to the 
                        drug product at the time of initial approval'' 
                        after ``of subsection (j)(5)(F) of such 
                        section''; and
            (3) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``a listed 
                        patent'' and inserting ``a patent that was 
                        either listed when the pediatric study was 
                        submitted to the Food and Drug Administration 
                        or listed as a result of the approval by the 
                        Food and Drug Administration of new pediatric 
                        labeling that is claimed by the patent, and''; 
                        and
                            (ii) in clause (ii) by striking ``a listed 
                        patent'' and inserting ``a patent that was 
                        either listed when the pediatric study was 
                        submitted to the Food and Drug Administration 
                        or listed as a result of the approval by the 
                        Food and Drug Administration of new pediatric 
                        labeling that is claimed by the patent, and''; 
                        and
                    (B) in subparagraph (B), by striking ``a listed 
                patent'' and inserting ``a patent that was either 
                listed when the pediatric study was submitted to the 
                Food and Drug Administration or listed as a result of 
                the approval by the Food and Drug Administration of new 
                pediatric labeling that is claimed by the patent, 
                and''.
    (c) Market Exclusivity for Already-Marketed Drugs.--Section 505A(c) 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(c)) is 
amended--
            (1) in the matter preceding paragraph (1), by--
                    (A) striking ``health'' and inserting 
                ``therapeutically meaningful'';
                    (B) striking ``and'' after ``the studies are 
                completed within any such timeframe,''; and
                    (C) inserting ``, and based on the results of such 
                studies the Secretary approves labeling for the 
                approved drug product that provides specific, 
                therapeutically meaningful information about the use of 
                the drug product in pediatric patients'' after ``in 
                accordance with subsection (d)(3)'';
            (2) in paragraph (1)(A)--
                    (A) in clause (i)--
                            (i) by striking ``the period'' and 
                        inserting ``any period''; and
                            (ii) by inserting ``that is applicable to 
                        the drug product at the time of initial 
                        approval'' after ``in subsection (j)(5)(F)(ii) 
                        of such section''; and
                    (B) in clause (ii)--
                            (i) by striking ``the period'' and 
                        inserting ``any period''; and
                            (ii) by inserting ``that is applicable to 
                        the drug product at the time of initial 
                        approval'' after ``of subsection (j)(5)(F) of 
                        such section''; and
            (3) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``a listed 
                        patent'' and inserting ``a patent that was 
                        either listed when the pediatric study was 
                        submitted to the Food and Drug Administration 
                        or listed as a result of the approval by the 
                        Food and Drug Administration of new pediatric 
                        labeling that is claimed by the patent, and''; 
                        and
                            (ii) in clause (ii), by striking ``a listed 
                        patent'' and inserting ``a patent that was 
                        either listed when the pediatric study was 
                        submitted to the Food and Drug Administration 
                        or listed as a result of the approval by the 
                        Food and Drug Administration of new pediatric 
                        labeling that is claimed by the patent, and''; 
                        and
                    (B) in subparagraph (B), by striking ``a listed 
                patent'' and by inserting ``a patent that was either 
                listed when the pediatric study was submitted to the 
                Food and Drug Administration or listed as a result of 
                the approval by the Food and Drug Administration of new 
                pediatric labeling that is claimed by the patent, 
                and''.
    (d) Three-Month Exclusivity.--Section 505A of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355a) is amended by--
            (1) by striking ``six months'' each place it appears and 
        inserting ``three months'';
            (2) by striking ``six-month'' each place it appears and 
        inserting ``three-month'';
            (3) by striking ``6-month'' each place it appears and 
        inserting ``three-month'';
            (4) in subsection (b)(1)(A)(i), by striking ``four and one-
        half years, fifty-four months, and eight years, respectively'' 
        and inserting ``four years and three months, fifty-one months, 
        and seven years and nine months, respectively''; and
            (5) in subsection (c)(1)(A)(i), by striking ``four and one-
        half years, fifty-four months, and eight years, respectively'' 
        and inserting ``four years and three months, fifty-one months, 
        and seven years and nine months, respectively''.
    (e) Definition.--Section 505A of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355a) is amended by adding at the end the 
following:
    ``(o) Drug Product.--
            ``(1) In general.--For purposes of this section, the term 
        `drug product' has the same meaning given such term in section 
        314.3(b) of title 21, Code of Federal Regulations (or any 
        successor regulation).
            ``(2) Separate drug products.--For purposes of this 
        section, each dosage form of a drug product shall constitute a 
        different drug product.''.
    (f) Technical Corrections.--Section 505A of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 355a) is amended--
            (1) by striking ``subsection (c)(3)(D)'' each place it 
        appears and inserting ``subsection (c)(3)(E)''; and
            (2) in subsection (n), by striking ``under subsection (a) 
        or (c)'' and inserting ``under subsection (b) or (c)''.
    (g) Effective Date.--The amendments made by this section shall 
apply to requests by the Secretary of Health and Human Services for 
pediatric studies under section 505A of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355a) after the date of enactment of this Act.

SEC. 5. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION.

    Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
355) is amended by adding at the end the following:
    ``(o) Citizens Petitions and Petitions for Stay of Agency Action.--
With respect to any petition that seeks to have the Secretary take, or 
refrain from taking, any form of action relating to the approval of an 
application submitted under subsection (b)(2) or (j), the following 
shall apply:
            ``(1) No delay of approval.--The Secretary shall not delay 
        approval of an application submitted under subsection (b)(2) or 
        (j) while a petition is reviewed and considered. Consideration 
        of a petition shall be separate and apart from the review and 
        approval of an application submitted under either such 
        subsection.
            ``(2) Timing of final agency action.--The Secretary shall 
        take final agency action with respect to a petition within six 
        months of receipt of that petition. The Secretary shall not 
        extend such six-month review period, even with consent of the 
        petitioner, for any reason, including based upon the submission 
        of comments relating to a petition or supplemental information 
        supplied by the petitioner. If the Secretary has not taken 
        final agency action on a petition by the date that is six 
        months after the date of receipt of the petition, such petition 
        shall be deemed to have been denied on such date.
            ``(3) Verification.--The Secretary shall not accept for 
        review a petition unless it is signed and contains the 
        following verification: `I certify that, to my best knowledge 
        and belief: (a) this petition includes all information and 
        views upon which the petition relies; (b) this petition 
        includes representative data and/or information known to the 
        petitioner which are unfavorable to the petition; and (c) I 
        have taken reasonable steps to ensure that any representative 
        data and/or information which are unfavorable to the petition 
        were disclosed to me. I further certify that the information 
        upon which I have based the action requested herein first 
        became known to the party on whose behalf this petition is 
        filed on or about __________. I verify under penalty of perjury 
        that the foregoing is true and correct.', with the date of the 
        filing of such petition inserted in the blank space.
            ``(4) Extension of period.--The thirty-month period 
        referred to in subsection (j)(5)(D)(i)(IV) shall automatically 
        be extended by the amount of time that lapses from the date 
        that the Secretary receives a petition and the date of final 
        agency action on that petition, without regard to whether the 
        Secretary grants, in whole or in part, or denies, in whole or 
        in part, that petition.''.
[A]:
Lower Prices Reduced with Increased Competition and Efficient Development of Drugs Act or the Lower PRICED Drugs Act - Amends the Federal Food, Drug, and Cosmetic Act to require an abbreviated application for a new drug containing certain antibiotics, the approved labeling for which includes a method of use that is claimed by a patent, to include a statement: (1) that identifies the relevant patent and the approved use covered by the patent; and (2) that the applicant is not seeking approval of such use.

 Requires the court to consider the totality of circumstances and the public interest in deciding whether to shorten the 30-month period that delays the approval of an abbreviated drug application when a patent infringement case is filed against the applicant.

Limits market exclusivity provided for conducting pediatric studies of new drugs to only those new drugs for which the Secretary of Health and Human Services approves labeling that contains specific, therapeutically meaningful information about the use of the drug product in pediatric patients.

Prohibits the Secretary from delaying the approval of a new drug application while a petition is reviewed and considered. Requires the Secretary to take final agency action on a petition within six months of receipt, with no extensions allowed. Extends the 30-month period that the Secretary has to approve or disapprove an abbreviated application for a new drug by the amount of time that lapses from the date the Secretary receives a petition and the date of the final agency action on the petition, without regard to whether the Secretary grants or denies the petition.