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

This Act may be cited as the ''Coastal Zone Protection Act of
1996''.

SEC. 2. FINANCIAL ASSISTANCE FOR DEVELOPMENT OF STATE COASTAL PROGRAMS.

(a) Reauthorization of Program.--Section 305(a) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1454(a)) is amended--
(1) by striking ''1991, 1992, and 1993'' and inserting ''1997,
1998, and 1999''; and
(2) by striking ''two'' and inserting ''four''.
(b) Termination of Program.--
(1) In general.--Section 305 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1454) is amended--
(A) by striking subsection (a);
(B) by striking ''(b)''; and
(C) by amending the heading to read as follows:

''submittal of state program for approval''.

(2) Conforming amendments.--Section 308(b)(2)(B) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1457(b)(2)(B)) is amended--
(A) in clause (iv) by adding ''and'' after the semicolon;
(B) by striking clause (v); and
(C) by redesignating clause (vi) as clause (v).
(3) Effective date.--This subsection shall take effect on
October 1, 1999.

SEC. 3. IMPLEMENTATION ASSISTANCE FOR COASTAL ZONE ENHANCEMENT.

Section 309(b) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456b(b)) is amended--
(1) by inserting ''(1)'' before ''Subject to''; and
(2) by adding at the end the following new paragraph:
''(2)(A) In addition to any amounts provided under section 306, and
subject to the availability of appropriations, the Secretary may make
grants under this subsection to States for implementing program changes
approved by the Secretary in accordance with section 306(e).
''(B) Grants under this paragraph to implement a program change may
not be made in any fiscal year after the second fiscal year that begins
after the approval of that change by the Secretary.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS.

Section 318 of the Coastal Zone Management Act of 1972 (16 U.S.C.
1464) is amended--
(1) by striking ''Sec. 318.'' and all that follows through
subsection (a) and inserting the following:
''Sec. 318. (a) There are authorized to be appropriated to the
Secretary, to remain available until expended--
''(1) for grants under sections 306, 306A, and 309--
''(A) $47,600,000 for fiscal year 1997;
''(B) $49,000,000 for fiscal year 1998; and
''(C) $50,500,000 for fiscal year 1999; and
''(2) for grants under section 315--
''(A) $4,400,000 for fiscal year 1997;
''(B) $4,500,000 for fiscal year 1998; and
''(C) $4,600,000 for fiscal year 1999.'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) in order as
subsections (b) and (c).

SEC. 5. COASTAL ZONE MANAGEMENT FUND.

(a) Authorization for Administrative Expenses.--Section
308(b)(2)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(2)(A)) is amended to read as follows:
''(A) Expenses incident to the administration of this title, in
an amount not to exceed for each of fiscal years 1997, 1998, and
1999 the higher of--
''(i) $4,000,000; or
''(ii) 8 percent of the total amount appropriated under
this title for the fiscal year.''.
(b) Authorization for Program Development Grants.--Section
308(b)(2)(B)(v) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1456a(b)(2)(B)(v)) is amended to read as follows:
''(v) program development grants as authorized by section
305, in an amount not to exceed $200,000 for each of fiscal
years 1997, 1998, and 1999; and''.

SEC. 6. MATCHING REQUIREMENT.

Section 315(e)(3) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1461(e)(3)) is amended by adding at the end the following new
subparagraph:
''(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts recovered as a
result of damage to natural resources located in the coastal zone may
be used to pay 100 percent of the costs of activities carried out with
the assistance.''.

SEC. 7. AQUACULTURE IN THE COASTAL ZONE.

The Coastal Zone Management Act of 1972 is amended--
(1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at the
end of the following:
''(4) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture facilities
in the coastal zone.''; and
(2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the end
the following:
''(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture facilities
in the coastal zone, which will enable States to formulate,
administer, and implement strategic plans for marine
aquaculture.''.

SEC. 8. APPEALS TO THE SECRETARY.

The Coastal Zone Management Act of 1972 is amended by adding at the
end the following new section:

''appeals to the secretary

''Sec. 319. (a) Notice.--The Secretary shall publish in the Federal
Register a notice indicating when the decision record has been closed
on any appeal to the Secretary taken from a consistency determination
under section 307(c) or (d). No later than 90 days after the date of
publication of this notice, the Secretary shall--
''(1) issue a final decision in the appeal; or
''(2) publish a notice in the Federal Register detailing why a
decision cannot be issued within the 90-day period.
''(b) Deadline.--In the case where the Secretary publishes a notice
under subsection (a)(2), the Secretary shall issue a decision in any
appeal filed under section 307 no later than 45 days after the date of
the publication of the notice.
''(c) Application.--This section applies to appeals initiated by
the Secretary and appeals filed by an applicant.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

SOLUTION: Coastal Zone Protection Act of 1996 - Amends the Coastal Zone Management Act of 1972 to authorize annual grants to States to develop coastal zone management programs. Limits each State to four (currently, two) grants. Terminates the grant program after FY 1999. Authorizes grants to States to implement program changes. Authorizes appropriations for: (1) administering State management programs; (2) resource management improvement grants; (3) coastal zone enhancement grants; (4) grants under the National Estuarine Research Reserve System; (5) expenses incidental to the administration of the Act; and (6) such program development grants. Allows grants (relating to national estuarine reserves or educational or interpretive activities) provided from amounts recovered as a result of damage to coastal zone natural resources to be used to pay 100 percent of the costs of the activities carried out with the grants. Allows resource management improvement grants to be used for the development of a coordinated process among State agencies to regulate and issue permits for coastal zone aquaculture facilities. Allows coastal zone enhancement grants to be used to evaluate and facilitate the siting of public and private coastal zone aquaculture facilities. Establishes consistency determination appeal procedures.

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Government Waste
Reduction Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Board.
Sec. 3. Duties of the Board.
Sec. 4. Powers of the Board.
Sec. 5. Board personnel matters.
Sec. 6. Congressional consideration of Board recommendations.
Sec. 7. Termination of the Board.

SEC. 2. ESTABLISHMENT OF BOARD.

(a) Establishment.--There is established the Independent Government
Waste Reduction Board (hereafter in this Act referred to as the
''Board'').
(b) Membership.--
(1) In general.--
(A) Appointment.--The Board shall be composed of 15
members appointed by the President, by and with the
advice and consent of Congress.
(B) Qualifications.--The members of the Board shall
include individuals with national recognition for their
expertise in agencies, efficiency, waste reduction,
finance and economics, actuarial sciences, who provide
a mix of different professionals, broad geographic
representation, and a balance between urban and rural
representatives.
(C) Ethical disclosure.--The President shall
establish a system for public disclosure by members of
the Board of financial and other potential conflicts of
interest relating to such members. Members of the Board
shall be treated as officers in the executive branch
for purposes of applying title I of the Ethics in
Government Act of 1978 (Public Law 95-521).
(D) Conflicts of interest.--No individual may serve
as a member of the Board if that individual engages in
any other business, vocation, or employment.
(E) Consultation with congress.--In selecting
individuals for nominations for appointments to the
Board, the President shall consult with--
(i) the majority leader of the Senate
concerning the appointment of 3 members;
(ii) the Speaker of the House of
Representatives concerning the appointment of 3
members;
(iii) the minority leader of the Senate
concerning the appointment of 3 members; and
(iv) the minority leader of the House of
Representatives concerning the appointment of 3
members.
(2) Term of office.--Each member shall hold office for the
duration of the Board.
(3) Chairperson.--
(A) In general.--The Chairperson shall be appointed
by the President, by and with the advice and consent of
the Senate, from among the members of the Board.
(B) Duties.--The Chairperson shall be the principal
executive officer of the Board, and shall exercise all
of the executive and administrative functions of the
Board, including functions of the Board with respect
to--
(i) the appointment and supervision of
personnel employed by the Board;
(ii) the distribution of business among
personnel appointed and supervised by the
Chairperson and among administrative units of
the Board; and
(iii) the use and expenditure of funds.
(C) Governance.--In carrying out any of the
functions under subparagraph (B), the Chairperson shall
be governed by the general policies established by the
Board and by the decisions, findings, and
determinations the Board shall by law be authorized to
make.
(D) Requests for appropriations.--Requests or
estimates for regular, supplemental, or deficiency
appropriations on behalf of the Board may not be
submitted by the Chairperson without the prior approval
of a majority vote of the Board.
(4) Removal.--Any member may be removed by the President
for neglect of duty or malfeasance in office, but for no other
cause.
(c) Vacancies; Quorum; Seal; Vice Chairperson; Voting on Reports.--
(1) Vacancies.--No vacancy on the Board shall impair the
right of the remaining members to exercise all the powers of
the Board.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum for the transaction of business, but a
lesser number of members may hold hearings.
(3) Seal.--The Board shall have an official seal, of which
judicial notice shall be taken.
(4) Vice chairperson.--The Board shall elect a Vice
Chairperson to act in the absence or disability of the
Chairperson or in case of a vacancy in the office of the
Chairperson.
(5) Voting on proposals.--Any proposal of the Board must be
approved by the majority of members present.

SEC. 3. DUTIES OF THE BOARD.

(a) Submission of Report.--Not later than one year after the date
of the enactment of this Act, the Board shall submit to Congress and
the President a report that advises specific implementation of the
recommendations from the March 2011 Government Accountability Office
report to Congress, entitled ''Opportunities to Reduce Potential
Duplication in Government Programs, Save Tax Dollars, and Enhance
Revenue'' (GAO-11-318SP) and the February 2012 Government
Accountability Office report to Congress, entitled ''Opportunities to
Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and
Enhance Revenue'' (GAO-12-342SP) and shall include--
(1) a summary of the recommendations;
(2) an explanation of each recommendation contained in the
report and the reasons for including such recommendation;
(3) an opinion by the Government Accountability Office on
whether each recommendation is consistent with the intent of
such Government Accountability Office reports;
(4) a legislative proposal that implements the
recommendations; and
(5) other information determined appropriate by the Board.
(b) Recommendations Requirements.--
(1) Requirements.--Each recommendation in the report
submitted under subsection (a)--
(A) shall result in a decrease of overall
Government spending or an increase of Government
revenue; and
(B) shall not result in--
(i) any cut in benefits for veterans,
members of the Armed Forces, or their families;
or
(ii) any cut in benefits for seniors,
including--
(I) the elimination of guaranteed
health insurance benefits for seniors
or people with disabilities;
(II) the conversion of Medicare
into a voucher plan that provides
limited payments to seniors or people
with disabilities to purchase health
care in the private health insurance
market;
(III) cuts in Medicaid health
insurance benefits;
(IV) cuts in nursing home care; or
(V) privatization of Social
Security benefits.
(2) Consultation with other agencies.--The Board shall
consult regularly with the Government Accountability Office and
other agencies in making the recommendations required under
this section.

SEC. 4. POWERS OF THE BOARD.

(a) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out this Act.
(b) Obtaining Official Data.--The Board may secure directly from
any department or agency information necessary to enable it to carry
out this section. Upon request of the Chairperson, the head of that
department or agency shall furnish that information to the Board on an
agreed upon schedule.
(c) Postal Services.--The Board may use the United States mails in
the same manner and under the same conditions as other agencies of the
Federal Government.
(d) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
(e) Offices.--The Board shall maintain a principal office and such
field offices as it determines necessary, and may meet and exercise any
of its powers at any other place.

SEC. 5. BOARD PERSONNEL MATTERS.

(a) Compensation of Members and Chairperson.--Each member of the
Board, other than the Chairperson, shall be compensated at a rate equal
to the annual rate of basic pay prescribed for level III of the
Executive Schedule under section 5315 of title 5, United States Code.
The Chairperson shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level II of
the Executive Schedule under section 5315 of title 5, United States
Code.
(b) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(c) Staff.--
(1) In general.--The Chairperson may, without regard to the
civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may
be necessary to enable the Board to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Board.
(2) Compensation.--The Chairperson may fix the compensation
of the executive director and other personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.

SEC. 6. CONGRESSIONAL CONSIDERATION OF BOARD RECOMMENDATIONS.

(a) Introduction.--
(1) In general.--On the day on which the report is
submitted by the Board to the Congress under section 3(a), the
legislative proposal (described in section 3(a)(4)) contained
in the report shall be introduced (by request) in the Senate by
the majority leader of the Senate or by Members of the Senate
designated by the majority leader of the Senate and shall be
introduced (by request) in the House by the majority leader of
the House or by Members of the House designated by the majority
leader of the House.
(2) Not in session.--If either House is not in session on
the day on which such legislative proposal is submitted, the
legislative proposal shall be introduced in that House, as
provided in subparagraph (A), on the first day thereafter on
which that House is in session.
(3) Any member.--If the legislative proposal is not
introduced in either House within 5 days on which that House is
in session after the day on which the legislative proposal is
submitted, then any Member of that House may introduce the
legislative proposal.
(4) Referral.--The legislation introduced under this
subsection in the House of Representatives shall be referred to
the Committee on Oversight and Government Reform of the House
of Representatives. The legislation introduced under this
subsection in the Senate shall be referred to the Committee on
Homeland Security and Governmental Affairs of the Senate.
(b) Discharge.--If the committee to which a legislative proposal
described in subsection (a) is referred has not reported the bill
containing such proposal by the end of the 20-day period beginning on
the date on which the Board submits the report to Congress under
section 3(a), such committee shall be, at the end of such period,
discharged from further consideration of such bill, and such bill shall
be placed on the appropriate calendar of the House involved.
(c) Expedited Consideration.--
(1) Consideration.--On or after the third day after the
date on which the committee to which such a bill is referred
has reported, or has been discharged (under subsection (b))
from further consideration of, such a bill, it is in order
(even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move to
proceed to the consideration of the bill. A member may make the
motion only on the day after the calendar day on which the
Member announces to the House concerned the Member's intention
to make the motion, except that, in the case of the House of
Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the
committee to which the bill was referred. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the bill is agreed to, the respective
House shall immediately proceed to consideration of the bill
without intervening motion, order, or other business, and the
bill shall remain the unfinished business of the respective
House until disposed of.
(2) Debate.--Debate on the bill, and on all debatable
motions and appeals in connection therewith, shall be limited
to not more than 2 hours, which shall be divided equally
between those favoring and those opposing the bill. An
amendment to the bill is not in order. A motion further to
limit debate is in order and not debatable. A motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the bill is not in order. A
motion to reconsider the vote by which the bill is agreed to or
disagreed to is not in order.
(3) Vote on final passage.--Immediately following the
conclusion of the debate on the bill and a single quorum call
at the conclusion of the debate if requested in accordance with
the rules of the appropriate House, the vote on final passage
of the bill shall occur.
(4) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate or the
House of Representatives, as the case may be, to the procedure
relating to the bill shall be decided without debate.
(d) Consideration by Other House.--
(1) Before passage.--If, before the passage by one House of
a bill of that House described in subsection (b), that House
receives from the other House a bill described in subsection
(b), then the following procedures shall apply--
(A) the bill of the other House shall not be
referred to a committee and may not be considered in
the House receiving it except in the case of final
passage as provided in subparagraph (B)(ii); and
(B) with respect to a bill described in subsection
(b) of the House receiving the bill (i) the procedure
in that House shall be the same as if no bill had been
received from the other House; but (ii) the vote on
final passage shall be on the bill of the other House.
(2) After passage.--Upon disposition of the bill received
from the other House, it shall no longer be in order to
consider the bill that originated in the receiving House.
(e) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a bill described in subsection (b),
and it supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
(f) Calendar Day Defined.--In this section, the term ''calendar
day'' means a calendar day other than one on which either House is not
in session because of an adjournment of more than three days to a date
certain.

SEC. 7. TERMINATION OF THE BOARD.

The Board shall terminate 120 days after the date on which the
Board submits the report under section 3(a).

SOLUTION: Government Waste Reduction Act of 2013 - Establishes the Independent Government Waste Reduction Board, the membership of which shall include individuals with national recognition for expertise in agencies, waste reduction, finance and economics, and actuarial sciences. Requires the Board to submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office (GAO) report "Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue" and the February 2012 GAO report "Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue." Sets forth procedures for congressional consideration of the Board's recommendations.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''National All Schedules Prescription
Electronic Reporting Act of 2004''.

SEC. 2. CONTROLLED SUBSTANCE MONITORING PROGRAM.

Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding after section 399N the following:

''SEC. 399O. CONTROLLED SUBSTANCE MONITORING PROGRAM.

''(a) Formula Grants.--
''(1) In general.--Each fiscal year, the Secretary shall
make a payment to each State with an application approved under
this section for the purpose of establishing and implementing a
controlled substance monitoring program under this section.
''(2) Determination of amount.--In making payments under
paragraph (1) for a fiscal year, the Secretary shall allocate
to each State with an application approved under this section
an amount which bears the same ratio to the amount appropriated
to carry out this section for that fiscal year as the number of
pharmacies of the State bears to the number of pharmacies of
all States with applications approved under this section (as
determined by the Secretary), except that the Secretary may
adjust the amount allocated to a State under this paragraph
after taking into consideration the budget cost estimate for
the State's controlled substance monitoring program.
''(b) Application Approval Process.--
''(1) In general.--To seek a grant under this section, a
State shall submit an application at such time, in such manner,
and containing such assurances and information as the Secretary
may reasonably require. Each such application shall include--
''(A) a budget cost estimate for the State's
controlled substance monitoring program;
''(B) proposed standards for security for
information handling and for the database maintained by
the State under subsection (d) generally including
efforts to use appropriate encryption technology or
other such technology;
''(C) proposed standards for meeting the uniform
electronic format requirement of subsection (g);
''(D) proposed standards for availability of
information and limitation on access to program
personnel;
''(E) proposed standards for access to the
database, and procedures to ensure database accuracy;
''(F) proposed standards for redisclosure of
information;
''(G) proposed penalties for illegal redisclosure
of information; and
''(H) assurances of compliance with all other
requirements of this section.
''(2) Approval or disapproval.--Not later than 90 days
after the submission by a State of an application under
paragraph (1), the Secretary shall approve or disapprove the
application. The Secretary shall approve the application if the
State demonstrates to the Secretary that the State will
establish and implement or operate a controlled substance
monitoring program in accordance with this section.
''(3) Withdrawal of authorization.--If a State fails to
implement a controlled substance monitoring program in
accordance with this section--
''(A) the Secretary shall give notice of the
failure to the State; and
''(B) if the State fails to take corrective action
within a reasonable period of time, the Secretary shall
withdraw any approval of the State's application under
this section.
''(4) Voluntary discontinuance.--A funding agreement for
the receipt of a payment under this section is that the State
involved will give a reasonable period of notice to the
Secretary before ceasing to implement or operate a controlled
substance monitoring program under this section. The Secretary
shall determine the period of notice that is reasonable for
purposes of this paragraph.
''(5) Return of funds.--If the Secretary withdraws approval
of a State's application under this section, or the State
chooses to cease to implement a controlled substance monitoring
program under this section, a funding agreement for the receipt
of a payment under this section is that the State will return
to the Secretary an amount which bears the same ratio to the
overall payment as the remaining time period for expending the
payment bears to the overall time period for expending the
payment (as specified by the Secretary at the time of the
payment).
''(c) Reporting Requirements.--In implementing a controlled
substance monitoring program under this section, a State shall comply
with the following:
''(1) The State shall require dispensers to report to such
State each dispensing in the State of a controlled substance to
an ultimate user or research subject not later than 1 week
after the date of such dispensing.
''(2) The State may exclude from the reporting requirement
of this subsection--
''(A) the direct administration of a controlled
substance to the body of an ultimate user or research
subject;
''(B) the dispensing of a controlled substance in a
quantity limited to an amount adequate to treat the
ultimate user or research subject involved for 48 hours
or less; or
''(C) the administration or dispensing of a
controlled substance in accordance with any other
exclusion identified by the Secretary for purposes of
this paragraph.
''(3) The information to be reported under this subsection
with respect to the dispensing of a controlled substance shall
include the following:
''(A) Drug Enforcement Administration Registration
Number of the dispenser.
''(B) Drug Enforcement Administration Registration
Number and name of the practitioner who prescribed the
drug.
''(C) Name, address, and telephone number of the
ultimate user or research subject.
''(D) Identification of the drug by a national drug
code number.
''(E) Quantity dispensed.
''(F) Estimated number of days for which such
quantity should last.
''(G) Number of refills ordered.
''(H) Whether the drug was dispensed as a refill of
a prescription or as a first-time request.
''(I) Date of the dispensing.
''(J) Date of origin of the prescription.
''(4) The State shall require dispensers to report
information under this section in accordance with the
electronic format specified by the Secretary under subsection
(g), except that the State may waive the requirement of such
format with respect to an individual dispenser.
''(5) The State shall automatically share information
reported under this subsection with another State with an
application approved under this section if the information
concerns--
''(A) the dispensing of a controlled substance to
an ultimate user or research subject who resides in
such other State; or
''(B) the dispensing of a controlled substance
prescribed by a practitioner whose principal place of
business is located in such other State.
''(6) The State may notify the appropriate authorities
responsible for drug diversion investigation if information in
the database maintained by the State under subsection (d)
indicates an unlawful diversion or misuse of a controlled
substance.
''(d) Database.--In implementing a controlled substance monitoring
program under this section, a State shall comply with the following:
''(1) The State shall establish and maintain an electronic
database containing the information reported to the State under
subsection (c).
''(2) The database must be searchable by any field or
combination of fields.
''(3) The State shall include reported information in the
database at such time and in such manner as the Secretary
determines appropriate, with appropriate safeguards for
ensuring the accuracy and completeness of the database.
''(4) The State shall take appropriate security measures to
protect the integrity of, and access to, the database.
''(e) Provision of Information.--Subject to subsection (f), in
implementing a controlled substance monitoring program under this
section, a State may provide information from the database established
under subsection (d) and, in the case of a request under paragraph (3),
summary statistics of such information, in response to a request by--
''(1) a practitioner (or the agent thereof) who certifies,
under the procedures determined by the State, that the
requested information is for the purpose of providing medical
or pharmaceutical treatment or evaluating the need for such
treatment to a bona fide current patient;
''(2) any local, State, or Federal law enforcement,
narcotics control, licensure, disciplinary, or program
authority, who certifies, under the procedures determined by
the State, that the requested information is related to an
individual investigation or proceeding involving the unlawful
diversion or misuse of a schedule II, III, or IV substance, and
such information will further the purpose of the investigation
or assist in the proceeding;
''(3) any agent of the Department of Health and Human
Services, a State medicaid program, a State health department,
or the Drug Enforcement Administration who certifies that the
requested information is necessary for research to be conducted
by such department, program, or administration, respectively,
and the intended purpose of the research is related to a
function committed to such department, program, or
administration by law that is not investigative in nature; or
''(4) any agent of another State, who certifies that the
State has an application approved under this section and the
requested information is for the purpose of implementing the
State's controlled substance monitoring program under this
section.
''(f) Limitations.--In implementing a controlled substance
monitoring program under this section, a State--
''(1) shall make reasonable efforts to limit the
information provided pursuant to a valid request under
subsection (e) to the minimum necessary to accomplish the
intended purpose of the request; and
''(2) shall not provide any individually identifiable
information in response to a request under subsection (e)(3).
''(g) Electronic Format.--The Secretary shall specify a uniform
electronic format for the reporting, sharing, and provision of
information under this section.
''(h) Rules of Construction.--
''(1) Functions otherwise authorized by law.--Nothing in
this section shall be construed to restrict the ability of any
authority, including any local, State, or Federal law
enforcement, narcotics control, licensure, disciplinary, or
program authority, to perform functions otherwise authorized by
law.
''(2) No preemption.--Nothing in this section shall be
construed as preempting any State law, except that no such law
may relieve any person of a requirement otherwise applicable
under this Act.
''(3) Additional privacy protections.--Nothing in this
section shall be construed as preempting any State from
imposing any additional privacy protections.
''(4) Certain confidentiality requirements.--Nothing in
this section shall be construed as superceding the
confidentiality requirements of programs defined by and subject
to part 2 of title 42, Code of Federal Regulations.
''(5) No federal private cause of action.--Nothing in this
section shall be construed to create a Federal private cause of
action.
''(i) Relation to HIPAA.--Except to the extent inconsistent with
this section, the provision of information pursuant to subsection
(c)(5), (c)(6), or (e) and the subsequent transfer of such information
are subject to any requirement that would otherwise apply under the
regulations promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996.
''(j) Preference.--Beginning January 1, 2007, the Secretary, in
awarding any competitive grant that is related to drug abuse (as
determined by the Secretary) to a State, shall give preference to any
State with an application approved under this section.
''(k) Study.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall--
''(1) complete a study that--
''(A) determines the progress of States in
establishing and implementing controlled substance
monitoring programs under this section;
''(B) determines the feasibility of implementing a
real-time electronic controlled substance monitoring
program, including the costs associated with
establishing such a program; and
''(C) provides an analysis of the privacy
protections in place for the information reported to
the controlled substance monitoring program in each
State receiving a grant for the establishment or
operation of such program, and a comparison to the
privacy requirements that apply to covered entities
under regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996, along with any
recommendations for additional requirements for
protection of this information; and
''(2) submit a report to the Congress on the results of the
study.
''(l) Advisory Council.--
''(1) Establishment.--A State may establish an advisory
council to assist in the establishment and implementation of a
controlled substance monitoring program under this section.
''(2) Sense of congress.--It is the sense of the Congress
that, in establishing an advisory council under this
subsection, a State should consult with appropriate
professional boards and other interested parties.
''(m) Definitions.--For purposes of this section:
''(1) The term 'bona fide patient' means an individual who
is a patient of the dispenser or practitioner involved.
''(2) The term 'controlled substance' means a drug that is
included in schedule II, III, or IV of section 202(c) of the
Controlled Substance Act.
''(3) The term 'dispense' means to deliver a controlled
substance to an ultimate user or research subject by, or
pursuant to the lawful order of, a practitioner, irrespective
of whether the dispenser uses the Internet or other means to
effect such delivery.
''(4) The term 'dispenser' means a physician, pharmacist,
or other individual who dispenses a controlled substance to an
ultimate user or research subject.
''(5) The term 'practitioner' means a physician, dentist,
veterinarian, scientific investigator, pharmacy, hospital, or
other person licensed, registered, or otherwise permitted, by
the United States or the jurisdiction in which he or she
practices or does research, to distribute, dispense, conduct
research with respect to, administer, or use in teaching or
chemical analysis, a controlled substance in the course of
professional practice or research.
''(6) The term 'State' means each of the 50 States and the
District of Columbia.
''(7) The term 'ultimate user' means a person who has
lawfully obtained, and who possesses, a controlled substance
for his or her own use, for the use of a member of his or her
household, or for the use of an animal owned by him or her or
by a member of his or her household.
''(n) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
''(1) $25,000,000 for each of fiscal years 2006 and 2007;
and
''(2) $15,000,000 for each of fiscal years 2008, 2009, and
2010.''.

Passed the House of Representatives October 5, 2004.

Attest:

JEFF TRANDAHL,

Clerk.

SOLUTION:
National All Schedules Prescription Electronic Reporting Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to approved States to establish a controlled substance monitoring program. Bases the amount of each grant on the ratio of pharmacies in the State receiving such a grant to the number of pharmacies in all approved States.

Requires a State to submit a grant application that shall include proposed penalties for illegal redisclosure of information and proposed standards for: (1) information security; (2) availability of information and limitation on access to program personnel; (3) database access and integrity; and (4) redisclosure of information. Requires the Secretary to approve such an application if the State demonstrates that it will establish or operate a controlled substance monitoring program in accordance with this Act.

Requires an approved State to give notice if it fails to implement such a program. Requires the Secretary to withdrawal approval if the State fails to take corrective action within a reasonable period of time.

Requires an approved State to give the Secretary notice before ceasing to implement or operate such a program.

Requires an approved State to: (1) require dispensers to report within one week of each dispensing of a controlled substance to an ultimate user or research subject; (2) report information in accordance with the specified electronic format; (3) automatically share with another approved State information concerning the dispensing of a controlled substance to a user or subject who resides in such other State or by a practitioner whose principal place of business is in such other State.

Allows a State to notify the appropriate authorities responsible for drug diversion investigations if information in the database indicates an unlawful diversion or misuse of a controlled substance.

Requires the State to establish and maintain an electronic searchable database containing the information reported.

Allows a State to provide information from the database in response to certain requests by practitioners, law enforcement, narcotics control, licensure, disciplinary, or program authorities, the controlled substance monitoring program of another State, and agents of the Department of Health and Human Services (HHS), State Medicaid programs, State health departments, or the Drug Enforcement Administration (DEA). Requires a State to make reasonable efforts to limit the information provided to the minimum necessary and to withhold all individually identifiable information from requests by HHS, State Medicaid programs, State health departments, or DEA.

Requires the Secretary to: (1) specify a uniform electronic format for the reporting, sharing, and provision of information; (2) give preference to approved States in awarding competitive grants related to drug use beginning January 1, 2007; (3) study and report to Congress on such programs, including the progress of States in establishing such programs, the feasibility of implementing a real-time electronic controlled substance monitoring program, and privacy protections.

Authorizes appropriations.