SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spectrum Relocation Improvement Act
of 2008''.

SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM
              RELOCATION PROCESS.

    (a) Eligible Federal Entities.--Section 113(g)(1) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(1)) is amended to read as follows:
            ``(1) Eligible federal entities.--Any Federal entity, as
        defined in subsection (i), that operates a Federal Government
        station assigned to a band of eligible frequencies, as
        described in paragraph (2), and that incurs relocation costs
        because of the reallocation of frequencies from Federal use to
        non-Federal use shall receive payment for such costs from the
        Spectrum Relocation Fund if the Federal entity is found by the
        Office of Management and Budget (`OMB') to comply with the
        requirements of this section and section 118. For purposes of
        this paragraph, Federal power agencies exempted under
        subsection (c)(4) that choose to relocate from the frequencies
        identified for reallocation pursuant to subsection (a) are
        eligible to receive payment under this paragraph.''.
    (b) Public Information on Relocation Process.--Section 113(g) of
such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6)
as paragraph (7) and by inserting after paragraph (5) the following new
paragraph:
            ``(6) Public notice of relocation plans.--
                    ``(A) Not later than 60 days after the date on
                which the NTIA, on behalf of eligible Federal entities
                and after review by OMB, notifies the Commission of
                estimated relocation costs and timelines for such
                relocation as required by subsection (g)(4)(A), NTIA
                shall post on its website detailed transition plans
                from each of the eligible Federal entities. Each
                Federal entity's transition plan shall provide the
                public with the following information about its
                spectrum relocation requirements:
                            ``(i) Current use of the spectrum.
                            ``(ii) Geographic location of the Federal
                        entities' facilities or systems.
                            ``(iii) Frequency bands used by such
                        facilities or systems, described by geographic
                        location.
                            ``(iv) The steps to be taken by the Federal
                        entity to relocate its current spectrum uses
                        from the eligible frequencies, detailed
                        according to timelines for specific geographic
                        locations in sufficient detail to indicate when
                        use of such frequencies at specific locations
                        will be shared between the Federal entity and
                        the commercial licensee.
                            ``(v) The specific interactions between
                        eligible Federal entities and NTIA needed to
                        implement the transition plan.
                            ``(vi) The professional staff, including
                        managers, who are responsible for the Federal
                        entity's relocation efforts and who are
                        authorized to meet and negotiate with
                        commercial licensees regarding the relocation
                        process.
                            ``(vii) The Federal entity's plans and
                        timeline for using relocation funds received
                        from the Spectrum Relocation Fund.
                            ``(viii) The Federal entity's plans and
                        timeline for procuring new equipment and
                        additional personnel needed for the relocation.
                            ``(ix) The Federal entity's plans and
                        timeline for field-testing and deploying new
                        equipment needed in the relocation.
                            ``(x) The Federal entity's plans and
                        timeline for hiring and relying on contract
                        personnel, if any.
                            ``(xi) Risk factors in the relocation
                        process that could affect the Federal entity's
                        fulfillment of its transition plan.
                    ``(B) To be eligible to receive payment for
                relocation costs from the Spectrum Relocation Fund--
                            ``(i) Federal entities shall make the
                        transition plans described in this subsection
                        available to NTIA at least 60 days prior to the
                        date that NTIA must make such plans publicly
                        available on its website pursuant to
                        subparagraph (A), in a common format to be
                        specified by NTIA after public input; and
                            ``(ii) each transition plan shall be
                        evaluated by a standing 3-member technical
                        panel (in this section referred to as the
                        `Technical Panel'), which shall report to NTIA
                        and to the Federal entity, within 30 days after
                        the plan's submission to NTIA, on the
                        sufficiency of the plan under this paragraph,
                        including whether the required public
                        information is included and whether proposed
                        timelines and estimated relocation costs are
                        reasonable.
                    ``(C) The Director of OMB, the Administrator of
                NTIA, and the Chairman of the FCC shall each appoint
                one member to the Technical Panel, and each such member
                shall be a radio engineer or technical expert not
                employed by, or a paid consultant to, any Federal or
                State governmental agency. NTIA shall adopt regulations
                to govern the workings of the Technical Panel after
                public notice and comment, subject to OMB approval, and
                the members of the Technical Panel shall be appointed,
                within 180 days of the date of enactment of the
                Spectrum Relocation Improvement Act of 2008.
                    ``(D) If any of the information otherwise required
                in subparagraph (g)(6) is `classified information,' as
                that term is defined in section 798(b) of title 18,
                United States Code, the Federal entity's transition
                plan shall explain the exclusion of any such
                information as specifically as possible, shall make all
                relevant non-classified information available in its
                transition plan, and shall discuss as a risk factor the
                extent of the classified information and the effect on
                the relocation process of the classified
                information.''.
    (c) Sharing and Coordination of Spectrum Between Commercial
Licensees and Federal Entities During Relocation Transition.--Section
118 of such Act (47 U.S.C. 928) is amended by adding at the end the
following new subsections:
    ``(f) Eligibility for Payment of Relocation Costs.--
            ``(1) Spectrum sharing.--To be eligible to receive payment
        for relocation costs from the Spectrum Relocation Fund, a
        Federal entity must--
                    ``(A) in its transition plan for relocating its
                current spectrum uses, provide, to the fullest extent
                possible, for sharing and coordination of eligible
                frequencies with commercial licensees, including
                reasonable accommodation by the Federal entity for the
                use of eligible frequencies by the commercial licensee
                during the period that the Federal entity is relocating
                its spectrum uses (in this subsection referred to as
                the `transition period');
                    ``(B) during the transition period, make itself
                available, within 30 days after a written request, for
                negotiation and discussion with commercial licensees;
                and
                    ``(C) during the transition period, make available
                to a commercial licensee with appropriate security
                clearances any `classified information' as that term is
                defined in section 798(b) of title 18, United States
                Code, regarding the relocation process, on a need-to-
                know basis, to assist the commercial licensee in the
                relocation process with that Federal entity or other
                Federal entities.
            ``(2) Timely and successful completion of relocation.--In
        addition to the conditions of paragraph (1), to be eligible to
        receive payment for relocation costs from the Spectrum
        Relocation Fund, a Federal entity must--
                    ``(A) complete the relocation of its current
                spectrum uses not later than 1 year after the date upon
                which funds are transferred to the entity to fund the
                relocation unless, prior to the date that NTIA is
                required to post publicly the Federal entity's
                transition plan, the Federal entity receives written
                approval from OMB, with advice of NTIA, for a different
                time period for completion; and
                    ``(B) make available to NTIA, not later than 15
                days prior to the date that is the halfway point of the
                time period described in subparagraph (A), a complete
                update of its transition plan. NTIA shall post such
                update publicly on its website not later than the date
                that is the halfway point of the time period described
                in subparagraph (A).
            ``(3) Nothing in paragraphs (1) or (2) shall be construed
        to adversely affect critical communications related to the
        mission of any Federal entity.
            ``(4) Subject to subsection (d), payments for relocation
        costs from the Spectrum Relocation Fund shall be made to an
        eligible Federal entity not later than 30 days after the grant
        of the first license following the close of the auction.
    ``(g) Dispute Resolution Process.--
            ``(1) If, during the spectrum relocation process, a dispute
        arises over the execution, timing, or cost of the Federal
        entity's transition plan, either the Federal entity or the
        affected commercial licensee may seek resolution of the dispute
        from a 3-member dispute resolution board, consisting of a
        representative of OMB, NTIA, and the Commission, and chaired by
        the representative of OMB.
            ``(2) The dispute resolution board shall meet with
        representatives of the Federal entity and the commercial
        licensee together to discuss the dispute. The dispute
        resolution board may require the parties to make written
        submissions to it. The dispute resolution board shall rule on
        any dispute within 28 days after the date that the dispute was
        brought before it.
            ``(3) The dispute resolution board shall be assisted by the
        Technical Panel described in section 113(g)(6)(C).
            ``(4) Subject to OMB approval, NTIA shall adopt regulations
        to govern the working of the dispute resolution board and the
        role of the Technical Panel after public notice and comment
        within 180 days after the date of enactment of the Spectrum
        Relocation Improvement Act of 2008.
            ``(5) Appeals may be taken from decisions of the dispute
        resolution board to the United States Court of Appeals for the
        District of Columbia Circuit by filing a notice of appeal with
        that court within 30 days after the date of such decision. Each
        party shall bear its own costs and expenses, including
        attorneys' fees, for any litigation to enforce this subsection
        or any decision rendered under it.''.

Summary: Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.

To amend the National Telecommunications and Information Administration Organization Act to improve the process of reallocation of spectrum from Federal government uses to commercial uses.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Loan Simplification and
Opportunity Act of 2011''.

SEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY.

    (a) Repeal.--
            (1) In general.--Section 459A of the Higher Education Act
        of 1965 (20 U.S.C. 1087i-1) is repealed.
            (2) Conforming amendments.--Part D of the Higher Education
        Act of 1965 (20 U.S.C. 1087a et seq.) is amended--
                    (A) in section 451(a) (20 U.S.C. 1087a), by
                striking ``(1) to make loans to all eligible students
                (and the eligible parents of such students) in
                attendance at participating institutions of higher
                education selected by the Secretary, to enable such
                students to pursue their courses of study at such
                institutions during the period beginning July 1, 1994;
                and (2) for purchasing loans under section 459A.'' and
                inserting ``to make loans to all eligible students (and
                the eligible parents of such students) in attendance at
                participating institutions of higher education selected
                by the Secretary, to enable such students to pursue
                their courses of study at such institutions during the
                period beginning July 1, 1994.''; and
                    (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i-
                2(a)(2)(B)), by striking ``purchased by the Secretary
                pursuant to section 459A'' and inserting ``purchased by
                the Secretary pursuant to section 459A under the terms
                of that provision in effect on or before June 30, 2010,
                or converted by the Secretary pursuant to section
                459A''.
    (b) Student Loan Debt Conversion.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting
after section 459 the following:

``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT.

    ``(a) In General.--
            ``(1) Authority.--The Secretary shall, at the request of an
        eligible borrower (as described in subsection (b)), convert an
        eligible student loan debt (as described in subsection (c))
        into a Federal debt by paying the holder of the eligible
        student loan the outstanding balance of principal and interest
        on that loan, and the borrower shall enter into an agreement to
        repay to the Secretary the amount advanced to convert the debt
        to a Federal debt.
            ``(2) Duration of authority.--The Secretary shall convert
        eligible student loan debt under this section for those
        eligible borrowers whose applications for conversion are
        received on or after January 1, 2012 and before October 1,
        2012.
            ``(3) Designation of loan.--The repayment obligation of the
        borrower whose eligible student loan debt was repaid by the
        Secretary and converted to a Federal debt under this section
        shall be referred to as a `FFEL Debt Conversion Loan'.
    ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt
Conversion Loan if the borrower, in addition to the loans described in
subsection (c), has an outstanding loan that was made under this part,
or an outstanding loan that was purchased by the Secretary pursuant to
section 459A under the terms of that provision in effect on or before
June 30, 2010.
    ``(c) Eligible Student Loan Debt.--A student loan of an eligible
borrower is eligible for payment by a FFEL Debt Conversion Loan if--
            ``(1) the loan was made, insured, or guaranteed under part
        B, and not previously purchased by the Secretary pursuant to
        section 459A under the terms of that provision in effect on or
        before June 30, 2010;
            ``(2) the loan is not in default; and
            ``(3) the loan is not delinquent for 270 days or more.
    ``(d) Terms and Conditions of Debt Conversion Loans.--
            ``(1) Continuation of terms.--A FFEL Debt Conversion Loan
        shall be repayable by the borrower under the same terms and
        conditions as were applicable under the promissory note signed
        by the borrower for the eligible student loan debt being repaid
        by the Secretary under this section, including such terms as
        applied when the borrower entered repayment, and the
        availability of grace periods and deferments.
            ``(2) Aggregate loan limits.--Notwithstanding any other
        provision of this title, a FFEL Debt Conversion Loan shall be
        included in the calculation of the aggregate loan limit that
        was applicable to the borrower's eligible student loan for
        which the FFEL Debt Conversion Loan was obtained.
            ``(3) Other terms.--
                    ``(A) FFEL terms.--Other borrower benefits offered
                by the originating lender or the holder of the eligible
                student loan being repaid that are not specified in
                part B or in the borrower's promissory note for that
                loan are not available with respect to a FFEL Debt
                Conversion Loan.
                    ``(B) Direct loan terms.--Except as provided in
                paragraph (5), benefits offered only for loans made
                under this part are not available with respect to a
                FFEL Debt Conversion Loan.
            ``(4) Fees.--
                    ``(A) No fees imposed by secretary.--The Secretary
                shall not charge the borrower any origination or other
                fee for the making of a FFEL Debt Conversion Loan.
                    ``(B) No fees imposed by holder of eligible student
                loan debt.--Notwithstanding any other provision of law,
                the holder of an eligible student loan shall not charge
                the Secretary or the borrower any origination or other
                fee, including any fee for providing the information
                described in subsection (e), for the conversion of the
                eligible student loan debt to a FFEL Debt Conversion
                Loan.
            ``(5) Ffel debt conversion benefits.--The Secretary may
        offer benefits to a borrower of a FFEL Debt Conversion Loan, in
        an amount that shall not exceed 2 percent of the amount
        advanced on the FFEL Debt Conversion Loan, which may include
        payments to borrowers, reductions in the outstanding principal
        and interest on the FFEL Debt Conversion Loan, or such other
        benefits as the Secretary may establish.
    ``(e) Information From Holders of Student Loan Debt Eligible for
Conversion.--A holder of an eligible student loan shall promptly
provide the Secretary with the amount outstanding and such other
information as may be needed to convert that debt under this section.
    ``(f) Notification.--Not later than December 1, 2011, the Secretary
shall notify eligible borrowers--
            ``(1) of their eligibility to convert an eligible student
        loan debt under this section; and
            ``(2) of the time frame for applying for such
        conversion.''.
    (c) Conforming Amendments.--
            (1) Cohort default rate.--Section 435(m)(2) of the Higher
        Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by
        adding at the end the following:
                    ``(E) For purposes of this subsection, a borrower
                who obtains a FFEL Debt Conversion Loan under section
                459A shall continue to be considered as having entered
                repayment on the date the borrower entered repayment on
                the eligible student loan debt that was repaid by the
                Secretary and converted to a Federal debt under that
                section.''.
            (2) Contracts.--Section 456(b) of the Higher Education Act
        of 1965 (20 U.S.C. 1087f(b)) is amended--
                    (A) in paragraph (2), by inserting ``, converted,''
                after ``made''; and
                    (B) in paragraph (3), by inserting ``, converted,''
                after ``made''.
            (3) Federal consolidation loans.--Section 428C(a)(4)(C) of
        the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is
        amended by inserting ``or converted'' after ``made''.
            (4) Income-based repayment.--Section 493C of the Higher
        Education Act of 1965 (20 U.S.C. 1098e) is amended--
                    (A) in subsection (a)(3)(A), by inserting
                ``converted,'' after ``made,'';
                    (B) in subsection (b)(1), by inserting
                ``converted,'' after ``made,''; and
                    (C) in subsection (c), by inserting ``converted,''
                after ``made,''.
    (d) Inapplicability of Title IV Negotiated Rulemaking and Master
Calendar Exception.--Sections 482(c) and 492 of the Higher Education
Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the
amendments made by this section, or to any regulations promulgated
under those amendments.
    (e) Annual Cost Estimate.--Notwithstanding any other provision of
this Act or an amendment made by this Act, the Secretary of Education
shall carry out the requirement of section 459A(e)(3) of the Higher
Education Act of 1965, as in effect on the day before the date of
enactment of this Act, with respect to the annual cost estimates
required to be submitted not later than February 15, 2012.
    (f) Funds for Federal Pell Grants.--The proceeds to the Federal
Government from the temporary authority to convert student loan debt
provided by the amendments made by this Act shall be used to carry out
Federal Pell Grants under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a).

Summary: Student Loan Simplification and Opportunity Act of 2011 - Amends title IV of the Higher Education Act of 1965 to repeal the Secretary of Education's authority, under the Direct Loan (DL) program, to purchase or enter into forward commitments to purchase: (1) Federal Family Education Loans (FFELs) from lenders, upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans. And (2) rehabilitated loans that eligible lenders purchased under the FFEL default reduction program. Authorizes the Secretary to offer borrowers FFEL Debt Conversion Loans, until October 2012, that cover FFELs that have not been purchased under the program this Act repeals, provided such borrowers: (1) are not in default or delinquent for 270 days or more on such loans, and (2) have an outstanding DL or an outstanding FFEL that was purchased pursuant to the program this Act repeals. Authorizes the Secretary to offer benefits to borrowers of FFEL Debt Conversion Loans in an amount up to 2 of the amount advanced on the FFEL Debt Conversion Loan. Requires federal proceeds from this Act's temporary authorization of FFEL Debt Conversion Loans to be used for the Pell grant program.

A bill to amend the Higher Education Act of 1965 to provide for temporary student loan debt conversion authority.


SECTION 1. SHORT TITLE.

    This Act may be referred to as the ``Rural Alaska Access Rights Act
of 1999''.

SEC. 2. AMENDMENT OF ACT.

    The Alaska National Interest Lands Conservation Act (Public Law 96-
487; 94 Stat. 2371) is amended as follows:
    (a) Section 101 is amended by adding a new subsection (e) as
follows:
    ``(e) All Federal public land managers in Alaska, or a region that
includes Alaska, shall participate in an Alaska National Interest Lands
Conservation Act (ANILCA) training class, as outlined in this
legislation, to be completed within 120 days after enactment. All
future appointed Federal public land managers in Alaska, or a region
containing Alaska, shall complete ANILCA training within 60 days of
assuming their position.''.
    (b) Section 103(c) is amended by inserting ``validly selected or''
in the second sentence before the word ``conveyed''.
    (c) In section 1102, add a new subsection (5) at the end as
follows:
            ``(5) The term `compatible with the uses for which the unit
        was established' means activities which would not cause
        significant adverse impacts on conservation system units
        purposes.''.
    (d) Section 1105 is amended by designating the existing language as
subsection (a) and inserting a new subsection (b) as follows:
    ``(b) any alternative route that may be identified by the head of
the Federal agency shall not be less economically feasible and prudent
than the route being sought by the applicant.''.
    (e) Section 1109 is amended by deleting ``access.'' and inserting
in lieu thereof: ``access, including rights-of-way established under
Revised Statute 2477.''.
    (f) The second sentence of section 1110(a) is amended by adding
``specifically and tangibly'' before the word ``detrimental''.
    (g) The second sentence in section 1110(a) is amended by striking
``area'' and inserting in lieu thereof: ``area: except that (1)
reasonable regulations shall not include any requirements for the
demonstration of pre-existing use and (2) the Secretary shall limit any
prohibitions to the smallest area practicable and to the shortest
period of time. No prohibition may be imposed prior to formal
consultation with and consideration of the views of the State of
Alaska.''.
    (h) The last sentence of section 1110(b) is amended by inserting
``may include easements, right-of-way, or other interests in land or
permits and'' after ``such rights''.
    (i) In the last sentence of section 1110(b), strike ``lands.'' and
insert in lieu thereof: ``lands, except that the Secretary may not
impose any unreasonable fees or charges on those seeking to exercise
their rights under this subsection. Individuals or entities possessing
rights under this subsection shall not be subject to the requirement of
sections 1104, 1105, 1106, and 1107 of this Act.''.
    (j) Section 1301(d) is amended by striking ``permit'' in the final
sentence and inserting in lieu thereof ``shall enable''.
    (k) Section 1303(a)(1)(D) is amended by striking ``located.'' and
inserting in lieu thereof: ``located, except that the applicant may not
be required to waive, forfeit, or relinquish any possessory or personal
interests in a cabin or structure.''.
    (l) Section 1303(a)(2)(D) is amended by striking ``located.'' and
inserting in lieu thereof: ``located, except that the applicant may not
be required to waive, forfeit, or relinquish any possessory or personal
interests in a cabin or structure.''.
    (m) Section 1303(b)(3)(D) is amended by striking ``located.'' and
inserting in lieu thereof: ``located, except that the applicant may not
be required to waive, forfeit, or relinquish any possessory or personal
interests in a cabin or structure.''.
    (n) Section 1303 is amended by adding a new subsection (e) as
follows:
    ``(e)(1) All permits, permit renewals, or renewal or continuation
of valid leases issued pursuant to this section shall provide for
repair, maintenance, and replacement activities and may authorize
alterations to cabins and similar structure that do not constitute a
significant impairment of unit purposes. Reasonable access, including
access by aircraft, shall be afforded to permittees and lessees for
these purposes.
    ``(2) Fees for all permits and leases issued pursuant to this
section shall be reasonable and consistent with purpose of maintaining
and facilitating authorized use. Reasonable fees are those that enable
the issuing agency to recover and may not exceed permit or lease
processing costs.
    ``(3) For purposes of this section, a claimant shall include
persons who have regularly used a cabin related to the provision of
authorized fishing or hunting services.''.
    (o) Section 1307 (a) is amended by adding a new sentence at the end
as follows: ``Inability to provide the service for up to a five year
period shall not constitute a relinquishment of a right under this
section.''.
    (p) Section 1313 is amended by adding at the end of the first
sentence: ``A purpose of all preserve units is to provide for fish and
wildlife dependent recreation including fishing and hunting.''.
    (q) Section 1314 (c) is amended by striking ``law.'' at the end of
the first sentence and inserting the following: ``law except that the
taking of fish and wildlife for sport as well as subsistence purposes
shall be permitted on each unit of the Refuge system in Alaska. The
Secretary may designate zones where and periods when no hunting,
fishing, and trapping may be permitted for reasons of public safety,
administration, floral and faunal protection, or public use and
enjoyment. Except in emergencies, any regulations prescribing such
restrictions relating to hunting, fishing, or trapping shall be put
into effect only after consultation with the appropriate state agency
having responsibility over hunting, fishing, and trapping.''.
    (r) Section 1315 is amended by adding a new subsection ``(g)'' as
follows:
    ``(g) Notwithstanding any other provision of law, within National
Forest Wilderness Areas and National Forest Monument areas as
designated in this Act, the Secretary of Agriculture shall permit or
otherwise regulate helicopter use and landings.''.
    (s) Section 1316 (a) is amended in the first sentence by deleting
``equipment'' and inserting in lieu thereof: ``equipment, including
motorized and mechanical equipment,''.
    (t) Section 1316 (a) is amended in the second sentence by striking
``consistent with the protection'' and inserting in lieu thereof: ``not
inconsistent with the conservation''.
    (u) Section 1316 (a) is amended by striking ``permittee.'' in the
last sentence and inserting in lieu thereof: ``permittee except that
structures and facilities may be allowed to stand from season to
season.''.
    (v) Section 1316 (b) is amended by inserting ``significantly''
before the word ``detrimental''.
    (w) Section 1317 (c) is amended by deleting ``section.'' and
inserting in lieu thereof: ``section except that the Secretary shall
not establish management directives, guidelines, policies or
prescriptions for the purpose of administering any study area to
preserve Wilderness values prior to action by Congress on
recommendations, if any, for wilderness designation of a study area.''.
    (x) Section 1319 is amended by designating the existing text as
subsection ``(a)'' and adding the following subsection (b):
    ``(b) Nothing in this Act shall be construed as limiting or
restricting the power and authority of the State of Alaska except as
expressly provided herein.''.
    (y) The first sentence of Section 1326 (a) is amended by striking
``withdraws'' in the first sentence and inserting in lieu thereof:
``withdraws, redesignates or reclassifies into a different or
additional land management category''.

Summary: Rural Alaska Access Rights Act of 1999 - Amends the Alaska National Interest Lands Conservation Act to: (1) require all Federal public land managers in Alaska, or a region that includes Alaska, to participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, and for future Alaska public land managers to complete ANILCA training. (2) require any alternative route across Alaska public lands chosen by the head of a Federal agency to be no less economically feasible and prudent than the route being sought by an applicant. (3) provide that nothing in such Act shall be construed to adversely affect rights-of-way established under Revised Statute 2477. (4) provide that reasonable regulations governing transportation across Alaska public lands shall not include any requirements for the demonstration of pre-existing use (requiring the Secretary of the Interior. (5) allow the Secretary to grant easements and rights-of-way to private landholders across Alaska public lands for economic and other purposes. (6) prohibit the Secretary from imposing unreasonable fees or charges for those seeking to exercise such access rights. (7) require the Secretary to enable specified officials to participate in the development of an Alaska National Park System (System) conservation and management plan. (8) state that a current occupier of a cabin or other structure on System lands may not be required to waive, forfeit, or relinquish any possessory or personal interest therein. (9) authorize necessary repairs or minor alterations to such cabins or structures. (10) require fees for permits and leases to be reasonable and consistent with authorized uses. (11) include fish and wildlife dependent recreation as a purpose of Alaska national preserve units. (12) authorize the Secretary to designate zones where and periods when hunting, fishing, and trapping will be prohibited on Alaska public lands. (13) direct the Secretary of Agriculture to permit or regulate helicopter use and landings within Alaska National Forest Wilderness areas and Alaska National Forest Monument areas. And (14) prohibit the Secretary, on Alaska wilderness areas, from establishing management directives for administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.

Rural Alaska Access Rights Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Good IRA Rollover Act of
2009''.

SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
              CHARITABLE PURPOSES.

    (a) In General.--Paragraph (8) of section 408(d) of the Internal
Revenue Code of 1986 (relating to tax treatment of distributions) is
amended to read as follows:
            ``(8) Distributions for charitable purposes.--
                    ``(A) In general.--No amount shall be includible in
                gross income by reason of a qualified charitable
                distribution.
                    ``(B) Qualified charitable distribution.--For
                purposes of this paragraph, the term `qualified
                charitable distribution' means any distribution from an
                individual retirement account--
                            ``(i) which is made directly by the
                        trustee--
                                    ``(I) to an organization described
                                in section 170(c), or
                                    ``(II) to a split-interest entity,
                                and
                            ``(ii) which is made on or after the date
                        that the individual for whose benefit the
                        account is maintained has attained--
                                    ``(I) in the case of any
                                distribution described in clause
                                (i)(I), age 70\1/2\, and
                                    ``(II) in the case of any
                                distribution described in clause
                                (i)(II), age 59\1/2\.
                A distribution shall be treated as a qualified
                charitable distribution only to the extent that the
                distribution would be includible in gross income
                without regard to subparagraph (A) and, in the case of
                a distribution to a split-interest entity, only if no
                person holds an income interest in the amounts in the
                split-interest entity attributable to such distribution
                other than one or more of the following: the individual
                for whose benefit such account is maintained, the
                spouse of such individual, or any organization
                described in section 170(c).
                    ``(C) Contributions must be otherwise deductible.--
                For purposes of this paragraph--
                            ``(i) Direct contributions.--A distribution
                        to an organization described in section 170(c)
                        shall be treated as a qualified charitable
                        distribution only if a deduction for the entire
                        distribution would be allowable under section
                        170 (determined without regard to subsection
                        (b) thereof and this paragraph).
                            ``(ii) Split-interest gifts.--A
                        distribution to a split-interest entity shall
                        be treated as a qualified charitable
                        distribution only if a deduction for the entire
                        value of the interest in the distribution for
                        the use of an organization described in section
                        170(c) would be allowable under section 170
                        (determined without regard to subsection (b)
                        thereof and this paragraph).
                    ``(D) Application of section 72.--Notwithstanding
                section 72, in determining the extent to which a
                distribution is a qualified charitable distribution,
                the entire amount of the distribution shall be treated
                as includible in gross income without regard to
                subparagraph (A) to the extent that such amount does
                not exceed the aggregate amount which would have been
                so includible if all amounts in all individual
                retirement plans of the individual were distributed
                during the taxable year and all such plans were treated
                as 1 contract for purposes of determining under section
                72 the aggregate amount which would have been so
                includible. Proper adjustments shall be made in
                applying section 72 to other distributions in such
                taxable year and subsequent taxable years.
                    ``(E) Special rules for split-interest entities.--
                            ``(i) Charitable remainder trusts.--
                        Notwithstanding section 664(b), distributions
                        made from a trust described in subparagraph
                        (G)(i) shall be treated as ordinary income in
                        the hands of the beneficiary to whom is paid
                        the annuity described in section 664(d)(1)(A)
                        or the payment described in section
                        664(d)(2)(A).
                            ``(ii) Pooled income funds.--No amount
                        shall be includible in the gross income of a
                        pooled income fund (as defined in subparagraph
                        (G)(ii)) by reason of a qualified charitable
                        distribution to such fund, and all
                        distributions from the fund which are
                        attributable to qualified charitable
                        distributions shall be treated as ordinary
                        income to the beneficiary.
                            ``(iii) Charitable gift annuities.--
                        Qualified charitable distributions made for a
                        charitable gift annuity shall not be treated as
                        an investment in the contract.
                    ``(F) Denial of deduction.--Qualified charitable
                distributions shall not be taken into account in
                determining the deduction under section 170.
                    ``(G) Split-interest entity defined.--For purposes
                of this paragraph, the term `split-interest entity'
                means--
                            ``(i) a charitable remainder annuity trust
                        or a charitable remainder unitrust (as such
                        terms are defined in section 664(d)) which must
                        be funded exclusively by qualified charitable
                        distributions,
                            ``(ii) a pooled income fund (as defined in
                        section 642(c)(5)), but only if the fund
                        accounts separately for amounts attributable to
                        qualified charitable distributions, and
                            ``(iii) a charitable gift annuity (as
                        defined in section 501(m)(5)).''.
    (b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2008.

Summary: Public Good IRA Rollover Act of 2009 - Amends the Internal Revenue Code to revise the tax exclusion of distributions from individual retirement accounts (IRAs) for charitable purposes to: (1) make such exclusion permanent, (2) eliminate the $100,000 cap on such exclusion, (3) permit tax-free distributions from IRAs to a split-interest entity. And (4) allow distributions to a split-interest entity to be made when the account beneficiary attains age 59-12 .

A bill to amend the Internal Revenue Code of 1986 to expand tax-free distributions from individual retirement accounts for charitable purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Asset Management Improvement
Act of 2001''.

                 TITLE I--IMPROVED PROPERTY MANAGEMENT

SEC. 101. PERFORMANCE MEASUREMENT.

    (a) Performance Measures Required.--
            (1) In general.--The Administrator, in consultation with
        the heads of executive agencies, shall establish performance
        measures to determine the effectiveness of Federal property
        management. The performance measures shall be designed to--
                    (A) enable the Congress and heads of executive
                agencies to track progress in the achievement of
                property management objectives on a governmentwide
                basis; and
                    (B) allow for comparing the performance of
                executive agencies against industry and other public
                sector agencies in terms of performance.
            (2) Use of existing data and data collection tools.--In
        developing and implementing the performance measures, the
        Administrator shall use existing data sources and automated
        data collection tools to the maximum extent practical.
    (b) Executive Agencies.--The head of each executive agency shall--
            (1) monitor the performance of the agency against the
        performance measures established under subsection (a); and
            (2) report the results of such monitoring to the Congress
        in the agency's budget submission under section 1105 of title
        31, United States Code.
    (c) Management Plan.--Within 90 days after the date of the
enactment of this Act, the Administrator of General Services shall
submit to the Congress a program management plan describing--
            (1) how the program established by this Act will be
        implemented;
            (2) individuals who will exercise operational authority
        over the program;
            (3) the qualifications of such individuals; and
            (4) a timeline for implementation of the program.

                 TITLE II--PUBLIC-PRIVATE PARTNERSHIPS

SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY.

    Title II of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the
following:
    ``Sec. 213. (a) The Administrator may enter into agreements for the
creation of one or more public-private partnerships with a
nongovernmental person, the purpose of which shall be (1) to lease
Federal real property under the terms of subsection (c), and (2) to
develop, rehabilitate, or renovate facilities on such leased property
for the use, in whole or part, by executive agencies. The public-
private partnership may be a limited liability company, limited
partnership, corporation, business trust, or other form of entity, as
the Administrator may designate. The nongovernmental person shall
exercise control of the management of the public-private partnership,
and shall hold a majority interest in ownership and profits of the
public-private partnership.
    ``(b) Each agreement entered into pursuant to this section--
            ``(1) shall have as its primary purpose the enhancement of
        the functional and economic efficiency of Federal real
        property;
            ``(2) shall be negotiated pursuant to such procedures as
        the Administrator considers necessary to promote competition
        and protect the public interest;
            ``(3) shall provide a lease option to the United States to
        occupy space in the facilities acquired, constructed, or
        rehabilitated by the public-private partnership, but shall not
        guarantee occupancy by the United States;
            ``(4) shall describe the consideration, duties, and
        responsibilities for which the United States and the
        nongovernmental person are responsible and may provide for the
        alteration, repair, or improvement of the real property as part
        or all of the consideration of the nongovernmental person,
        notwithstanding any provision of law, including the Act of June
        30, 1932 (chapter 314; 40 U.S.C. 303b);
            ``(5) shall provide--
                    ``(A) that the United States shall not be liable
                for any actions, debts, or liability of any person
                created by such agreement; and
                    ``(B) that no person is authorized by the agreement
                to execute any instrument or document creating or
                evidencing any indebtedness unless such instrument or
                document specifically disclaims any liability of the
                United States under the instrument or document; and
            ``(6) shall provide that the leasehold interests of the
        United States are senior to that of any lender to the
        nongovernmental person.
Paragraph (6) shall not impair the ability of a public-private
partnership to pledge as collateral its leasehold interest under a
lease with the United States entered into pursuant to the terms of
subsection (c).
    ``(c)(1) Notwithstanding any other provision of law, including
sections 202 and 203 of this Act, the Administrator may lease real
property to a public-private partnership created under this section in
furtherance of agreements under subsection (a).
    ``(2) Master leases under this subsection may be for such period as
the Administrator determines appropriate.
    ``(3) The Administrator may dispose of equity interest controlled
by the United States in any public-private partnership created under
this section whenever determined by the Administrator to be beneficial
to the United States, if the Administrator receives the estimated fair
market value of such interests. Proceeds from such disposal shall be
deposited into the fund created by section 210(f).
    ``(4) Real property leased under this subsection shall not be
considered unutilized or underutilized for purposes of section 501 of
the Stewart B. McKinney Homeless Assistance Act and may be leased under
this subsection without regard to any other provision of law.
    ``(d) Notwithstanding any other provision of law, the
Administrator, or his or her designee, may provide services to a
public-private partnership created under this section on such terms as
the Administrator considers appropriate.
    ``(e)(1) Notwithstanding any other provision of law, the
Administrator may retain and use any revenues derived from agreements
entered into under this section for the physical improvement of Federal
real property.
    ``(2) At the discretion of the Administrator, revenues from master
leases authorized by this section shall be deposited into the fund
established by section 210(f), or deposited into the general fund of
the Treasury as miscellaneous receipts.
    ``(3) Net revenues received by the Administrator from public-
private partnerships created under this section, other than proceeds
from master leases of real property, shall be deposited in the fund
established by section 210(f).
    ``(f) Upon request of the head of an executive agency, the
Administrator shall delegate to the head of the executive agency
authority of the Administrator under subsections (a) through (e).
    ``(g) The Administrator shall prepare and transmit to the Congress
a business plan regarding each agreement with a nongovernmental person
under this section not later than 30 days before the date on which the
Administrator enters into the agreement. The business plan shall
identify the property that the Administrator proposes to make available
under the agreement, an explanation of the agreement, the name,
resources, and qualifications of the nongovernmental person, the
factors in support of the proposed project, and performance measures by
which the proposed project will be measured.
    ``(h) The Administrator shall describe, in the budget submitted by
the President pursuant to section 1105 of title 31, United States Code,
the projected economic performance, including expenditures and
receipts, arising from agreements entered into pursuant this section.
    ``(i) In this section:
            ``(1) The term `nongovernmental person' means a person that
        is not an executive agency.
            ``(2) The term `master lease' means a conveyance of Federal
        real property to a public-private partnership created under
        this section through a lease entered into by the Administrator
        with the public-private partnership.''.

SEC. 202. REPORTS.

    (a) Office of the Administrator.--Not later than 5 years after the
date of enactment of this Act, the Administrator of General Services
shall submit to the Congress a report on the use by executive agencies
of the authorities provided by this Act. The report shall--
            (1) assess the effectiveness of the authority to enter into
        agreements to enhance the value of the properties subject to
        the agreements; and
            (2) review the performance measures included in the
        explanatory statements submitted pursuant to section 201.
    (b) Report of the Comptroller General.--Not later than 5 years
after the date of enactment of this Act, the Comptroller General of the
United States shall submit to the Congress a report on the use by
executive agencies of the authorities provided by this Act.

Summary: Federal Asset Management Improvement Act of 2001 - Directs the: (1) Administrator of General Services to establish performance measures to determine the effectiveness of Federal property management. (2) head of each executive agency to monitor their agency's performance against such measures and report results to Congress. And (3) Administrator to submit to Congress a Federal property management plan. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property. And (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement.

To authorize public-private partnerships to rehabilitate Federal real property, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Assessment,
Closure, and Health Act of 1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the Nation's beaches and coastal recreation waters are
        valuable public resources used for recreation by millions of
        people annually;
            (2) the beaches of coastal States are hosts to many out-of-
        State and international visitors;
            (3) tourism in the coastal zone generates billions of
        dollars annually;
            (4) increased population and urbanization of the watershed
        have contributed to the decline in the environmental quality of
        coastal waters;
            (5) pollution in coastal waters is not restricted by State
        and other political boundaries;
            (6) coastal States have different methods of testing, and
        parameters for evaluating, the quality of coastal recreation
        waters, providing varying degrees of protection to the public;
            (7) the adoption of consistent criteria by coastal States
        for monitoring and evaluating the quality of coastal recreation
        waters, and the posting of signs at beaches notifying the
        public during periods when the standards are exceeded, would
        enhance public health and safety; and
            (8) while the adoption of such criteria will enhance public
        health and safety, exceedances of such criteria should be
        addressed (for example, as part of a watershed approach to
        effectively identify and eliminate sources of pollution).
    (b) Purpose.--The purpose of this Act is to require uniform
criteria and procedures for testing, monitoring, and notifying users of
those coastal recreation waters and beaches open for use by the public
in order to protect public safety and improve environmental quality.

SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY.

    The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended by adding at the end the following:

        ``TITLE VII--BEACH AND COASTAL RECREATION WATER QUALITY

``SEC. 701. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Coastal recreation waters.--The term `coastal
        recreation waters' means waters adjacent to public beaches of
        the Great Lakes and other marine coastal waters (including
        bays, lagoon mouths, and coastal estuaries within the tidal
        zone) used by the public for swimming, bathing, surfing, or
        other similar water contact activities.
            ``(2) Floatable materials.--The term `floatable materials'
        means any foreign matter that may float or remain suspended in
        the water column and includes plastic, aluminum cans, wood,
        bottles, paper products, and fishing gear.

``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY
              STATES.

    ``(a) General Rule.--A State shall adopt water quality criteria for
coastal recreation waters which, at a minimum, are consistent with the
criteria published by the Administrator under section 304(a)(1) not
later than 3\1/2\ years following the date of the enactment of this
title. Such water quality criteria shall be developed and promulgated
in accordance with the requirements of section 303(c). A State shall
incorporate such criteria into all appropriate programs into which such
State would incorporate other water quality criteria adopted under
section 303(c) and revise such criteria not later than 3 years
following the date of publication of revisions by the Administrator
under section 703(b).
    ``(b) Failure of States To Adopt.--If a State has not complied with
subsection (a) by the last day of the 3\1/2\-year period beginning on
the date of the enactment of this title, the water quality criteria
issued by the Administrator under section 304(a)(1) shall become
applicable as the water quality criteria for coastal recreational
waters for the State, and shall be deemed to have been promulgated by
the Administrator pursuant to section 303(c)(4).

``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.

    ``(a) Studies.--After consultation with appropriate Federal, State,
and local officials, including local health officials, and other
interested persons, but not later than the last day of the 3-year
period beginning on the date of the enactment of this Act, the
Administrator shall conduct, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, studies to provide additional
information to the current base of knowledge for use in developing--
            ``(1) a more complete list of potential human health risks
        from inhalation, ingestion, or body contact with coastal
        recreation waters, including effects to the upper respiratory
        system;
            ``(2) appropriate and effective indicators for improving
        direct detection of the presence of pathogens that are harmful
        to human health in coastal recreational waters;
            ``(3) appropriate, accurate, and expeditious methods
        (including predictive models) for detecting the presence of
        pathogens, harmful to human health, found in coastal recreation
        waters; and
            ``(4) guidance for the State-to-State application of the
        criteria to be issued under subsection (b) to account for the
        diversity of geographic and aquatic conditions nationwide.
    ``(b) Revised Criteria.--Based on the results of the studies
conducted under subsection (a), the Administrator, after consultation
with appropriate Federal, State, and local officials, including local
health officials, and other interested persons, shall--
            ``(1) issue, within 5 years after the date of the enactment
        of this title, revised water quality criteria for pathogens in
        coastal recreation waters that are harmful to human health,
        including a revised list of indicators and testing methods; and
            ``(2) review and revise such criteria from time to time
        thereafter, but in no event less than once every 5 years.

``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.

    ``(a) Monitoring.--Within 18 months after the date of enactment of
this title, the Administrator shall publish regulations requiring
monitoring by States of those coastal recreation waters and beaches
open for use by the public for compliance with applicable water quality
criteria and protection of public safety. Monitoring requirements
established pursuant to this subsection shall specify, at a minimum--
            ``(1) available monitoring methods to be used by States;
            ``(2) the frequency and location of monitoring based on--
                    ``(A) the periods of recreational use of such
                waters;
                    ``(B) the extent and degree of use during such
                periods; and
                    ``(C) the proximity of coastal recreation waters to
                known or identified point and nonpoint sources of
                pollution and in relation to storm events;
            ``(3) methods for detecting levels of pathogens that are
        harmful to human health and for identifying short-term
        increases in pathogens that are harmful to human health in
        coastal recreation waters, including in relation to storm
        events; and
            ``(4) conditions and procedures under which discrete areas
        of coastal recreation waters may be exempted by the
        Administrator from the monitoring requirements of this
        subsection, if the Administrator determines that an exemption
        will not impair compliance with the applicable water quality
        criteria for those waters and protection of public safety.
    ``(b) Notification.--
            ``(1) Requirement.--Regulations published pursuant to
        subsection (a) shall require States to provide prompt
        notification to local governments, the public, and the
        Administrator of an exceedance of applicable water quality
        criteria for State coastal recreation waters or the immediate
        likelihood of such an exceedance.
            ``(2) Contents.--Notification pursuant to this subsection
        shall include, at a minimum--
                    ``(A) prompt communication of the occurrence,
                nature, extent, location, and substances (including
                pathogens) of such an exceedance, or the immediate
                likelihood of such an exceedance, to a designated
                official of a local government having jurisdiction over
                land adjoining the coastal recreation waters for which
                an exceedance is identified; and
                    ``(B) posting of signs for the period during which
                the exceedance continues, sufficient to give notice to
                the public of an exceedance of applicable water quality
                criteria for such waters and the potential risks
                associated with water contact activities in such
                waters.
    ``(c) Review and Revision of Regulations.--The Administrator shall
review and revise regulations published pursuant to this section
periodically, but in no event less than once every 5 years.
    ``(d) State Implementation.--A State must implement a monitoring
and notification program that conforms to the regulations issued
pursuant to subsections (a) and (b) not later than 3\1/2\ years after
the date of the enactment of this title and revise such program not
later than 2 years following the date of publication of revisions by
the Administrator under subsection (c).
    ``(e) Delegation of Responsibility.--Not later than 18 months after
the date of the enactment of this title, the Administrator shall issue
guidance establishing core performance measures for testing,
monitoring, and notification programs and the delegation of such
programs under this section to local government authorities. In the
case that such responsibilities are delegated by a State to a local
government authority, or have been delegated to a local government
authority before such date of enactment, in a manner that, at a
minimum, is consistent with the guidance issued by the Administrator,
State resources, including grants made under section 706, shall be
made available to the delegated authority for the purpose of program
implementation.
    ``(f) Floatable Materials Monitoring Procedures.--The Administrator
shall provide technical assistance to States for the implementation of
uniform assessment and monitoring procedures for floatable materials in
coastal recreation waters and specify the conditions under which the
presence of floatable material will constitute a threat to public
health and safety.
    ``(g) Occurrence Database.--The Administrator shall establish,
maintain, and make available to the public by electronic and other
means--
            ``(1) a national coastal recreation water pollution
        occurrence database, using reliable information, including that
        reported under subsection (b); and
            ``(2) a listing of those communities complying with the
        regulations issued under subsections (a) and (b).

``SEC. 705. REPORT TO CONGRESS.

    ``Not later than 4 years after the date of the enactment of this
title, and periodically thereafter, the Administrator shall submit to
Congress a report including--
            ``(1) recommendations concerning the need for additional
        water quality criteria and other actions needed to improve the
        quality of coastal recreation waters; and
            ``(2) an evaluation of State efforts to implement this
        title.

``SEC. 706. GRANTS TO STATES.

    ``(a) Grants.--The Administrator may make grants to States for use
in fulfilling requirements established pursuant to sections 702 and
704.
    ``(b) Cost Sharing.--The total amount of grants to a State under
this section for a fiscal year shall not exceed 50 percent of the cost
to the State of implementing requirements established pursuant to
sections 702 and 704.
    ``(c) Eligible State.--After the last day of the 3\1/2\-year period
beginning on the date of the enactment of this title, the Administrator
may make a grant to a State under this section only if the State
demonstrates to the satisfaction of the Administrator that it is
implementing its monitoring and notification program under section 704.

``SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Administrator--
            ``(1) for use in making grants to States under section 706
        not more than $9,000,000 for each of fiscal years 2000 through
        2004; and
            ``(2) for carrying out the other provisions of this title
        not more than $3,000,000 for each of fiscal years 2000 through
        2004.''.

Summary: Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks from inhalation, ingestion, or body contact, including effects to the upper respiratory system. (2) appropriate and effective indicators and appropriate, accurate, and expeditious methods for detecting the presence of pathogens in coastal recreational waters. And (3) guidance for State-to-State application of the revised water quality criteria for pathogens required to be issued by the Administrator under this Act that accounts for the diversity of geographic and aquatic conditions nationwide. Directs the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments, the public, and the Administrator of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and notification programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Directs the Administrator to: (1) provide technical assistance to States for the implementation of uniform assessment and monitoring procedures for floatable materials in such waters. (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. And (3) establish a national coastal recreation water pollution occurrence database and a listing of communities complying with the monitoring and notification regulations published pursuant to this Act. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hereditary Hemorrhagic
Telangiectasia Diagnosis and Treatment Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Hereditary hemorrhagic telangiectasia (``HHT'') is a
        largely undiagnosed or misdiagnosed vascular genetic bleeding
        disorder that causes abnormalities of the blood vessels. A
        person with HHT has the tendency to form blood vessels that
        lack the capillaries between an artery and vein. HHT can cause
        spontaneous hemorrhage or stroke when brain or lung
        arteriovenous malformations, which are tangled blood vessels,
        rupture unexpectedly in all age groups. In addition to
        hemorrhagic stroke, embolic stroke, and brain abscess occur in
        approximately 30 percent of individuals with HHT caused by
        artery-vein malformations in the lung (due to lack of
        capillaries between the arterial and venous systems which
        prevent or normally filter out clots and bacteria), causing
        disability and sudden premature death.
            (2) One in 5,000 American children and adults suffer from
        HHT.
            (3) Studies have found an increase in morbidity and
        mortality rate for individuals who suffer from HHT.
            (4) Due to the widespread lack of knowledge, accurate
        diagnosis, and appropriate intervention, 90 percent of HHT-
        affected families are at risk for preventable life-threatening
        and disabling medical incidents such as stroke.
            (5) Early detection, screening, and treatment can prevent
        premature deaths, spontaneous hemorrhage, hemorrhagic stroke,
        embolic stroke, brain abscess, and other long-term health care
        complications resulting from HHT.
            (6) HHT is an important health condition with serious
        health consequences which are amenable to early identification
        and diagnosis with suitable tests, and acceptable and available
        treatments in established treatment centers.
            (7) Timely identification and management of HHT cases is an
        important public health objective because it will save lives,
        prevent disability, and reduce direct and indirect health care
        costs expenditures.
            (8) Without a new program for early detection, screening,
        and treatment, 14,000 children and adults who suffer from HHT
        in the population today will suffer premature death and
        disability.

SEC. 3. PURPOSE.

    The purpose of this Act is to create a federally led and financed
initiative for early diagnosis and appropriate treatment of hereditary
hemorrhagic telangiectasia that will result in the reduction of the
suffering of families, prevent premature death and disability, and
lower health care costs through proven treatment interventions.

SEC. 4. NATIONAL INSTITUTES OF HEALTH.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:

``SEC. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.

    ``(a) HHT Initiative.--
            ``(1) Establishment.--The Secretary shall establish and
        implement an HHT initiative to assist in coordinating
        activities to improve early detection, screening, and treatment
        of people who suffer from HHT. Such initiative shall focus on--
                    ``(A) advancing research on the causes, diagnosis,
                and treatment of HHT, including through the conduct or
                support of such research; and
                    ``(B) increasing physician and public awareness of
                HHT.
            ``(2) Consultation.--In carrying out this subsection, the
        Secretary shall consult with the Director of the National
        Institutes of Health and the Director of the Centers for
        Disease Control and Prevention.
    ``(b) HHT Coordinating Committee.--
            ``(1) Establishment.--Not later than 60 days after the date
        of the enactment of this section, the Secretary, in
        consultation with the Director of the National Institutes of
        Health, shall establish a committee to be known as the HHT
        Coordinating Committee.
            ``(2) Membership.--
                    ``(A) In general.--The members of the Committee
                shall be appointed by the Secretary, in consultation
                with the Director of the National Institutes of Health,
                and shall consist of 12 individuals who are experts in
                HHT or arteriovenous malformation (AVM) as follows:
                            ``(i) Four representatives of HHT Treatment
                        Centers of Excellence designated under section
                        317U(c)(1).
                            ``(ii) Four experts in vascular, molecular,
                        or basic science.
                            ``(iii) Four representatives of the
                        National Institutes of Health.
                    ``(B) Chair.--The Secretary shall designate the
                Chair of the Committee from among its members.
                    ``(C) Interim members.--In place of the 4 members
                otherwise required to be appointed under paragraph
                (2)(A)(i), the Secretary may appoint 4 experts in
                vascular, molecular, or basic science to serve as
                members of the Committee during the period preceding
                designation and establishment of HHT Treatment Centers
                of Excellence under section 317U.
                    ``(D) Publication of names.--Not later than 30 days
                after the establishment of the Committee, the Secretary
                shall publish the names of the Chair and members of the
                Committee on the Website of the Department of Health
                and Human Services.
                    ``(E) Terms.--The members of the Committee shall
                each be appointed for a 3-year term and, at the end of
                each such term, may be reappointed.
                    ``(F) Vacancies.--A vacancy on the Committee shall
                be filled by the Secretary in the same manner in which
                the original appointment was made.
            ``(3) Responsibilities.--The Committee shall develop and
        coordinate implementation of a plan to advance research and
        understanding of HHT by--
                    ``(A) conducting or supporting basic,
                translational, and clinical research on HHT across the
                relevant national research institutes, national
                centers, and offices of the National Institutes of
                Health, including the National Heart, Lung, and Blood
                Institute; the National Institute of Neurological
                Disorders and Stroke; the National Institutes of
                Diabetes and Digestive and Kidney Diseases; the Eunice
                Kennedy Shriver National Institute of Child Health and
                Human Development; the National Cancer Institute; and
                the Office of Rare Diseases; and
                    ``(B) conducting evaluations and making
                recommendations to the Secretary, the Director of the
                National Institutes of Health, and the Director of the
                National Cancer Institute regarding the prioritization
                and award of National Institutes of Health research
                grants relating to HHT, including with respect to
                grants for--
                            ``(i) expand understanding of HHT through
                        basic, translational, and clinical research on
                        the cause, diagnosis, prevention, control, and
                        treatment of HHT;
                            ``(ii) training programs on HHT for
                        scientists and health professionals; and
                            ``(iii) HHT genetic testing research to
                        improve the accuracy of genetic testing.
    ``(c) Definitions.--In this section:
            ``(1) The term `Committee' means the HHT Coordinating
        Committee established under subsection (b).
            ``(2) The term `HHT' means hereditary hemorrhagic
        telangiectasia.''.

SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION.

    Part B of title III of the Public Health Service Act is amended by
inserting after section 317T (42 U.S.C. 247b-22) the following:

``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.

    ``(a) In General.--With respect to hereditary hemorrhagic
telangiectasia (in this section referred to as `HHT'), the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the `Director') shall carry out the following
activities:
            ``(1) The conduct of population screening described in
        subsection (c).
            ``(2) The identification and conduct of investigations to
        further develop and support guidelines for diagnosis of, and
        intervention for, HHT, including cost-benefit studies.
            ``(3) The development of a standardized survey and
        screening tool on family history.
            ``(4) The establishment, in collaboration with a voluntary
        health organization representing HHT families, of an HHT
        resource center within the Centers for Disease Control and
        Prevention to provide comprehensive education on, and
        disseminate information about, HHT to health professionals,
        patients, industry, and the public.
            ``(5) The conduct or support of public awareness programs
        in collaboration with medical, genetic, and professional
        organizations to improve the education of health professionals
        about HHT.
    ``(b) Collaborative Approaches.--The Director shall carry out this
section through collaborative approaches within the National Center on
Birth Defects and Developmental Disabilities and the Division for Heart
Disease and Stroke Prevention of the Centers for Disease Control and
Prevention.
    ``(c) Population Screening.--In carrying out population screening
under subsection (a)(1), the Director shall--
            ``(1) designate and provide funding for a sufficient number
        of HHT Treatment Centers of Excellence to improve patient
        access to information, treatment, and care by HHT experts;
            ``(2) conduct surveillance through a regional population
        study, supplemented by sentinel health care provider or center
        surveillance, and administrative database analyses as useful to
        accurately identify--
                    ``(A) the prevalence of HHT; and
                    ``(B) the prevalence of hemorrhagic and embolic
                stroke and brain abscess, resulting from HHT;
            ``(3) include HHT screening questions in the Behavioral
        Risk Factor Surveillance System survey conducted by the Centers
        for Disease Control and Prevention in order to screen a broader
        population and more accurately determine the prevalence of HHT;
            ``(4) disseminate data collected under paragraph (2)(B) to
        the Paul Coverdell National Acute Stroke Registry, to be
        utilized for analyses of natural history of hemorrhagic and
        embolic stroke in HHT, and to develop screening and artery-vein
        malformation treatment guidelines specific to prevention of
        complications from HHT;
            ``(5) develop and implement programs, targeted for
        physicians and health care professional groups likely to be
        accessed by families with HHT, to increase HHT diagnosis and
        treatment rates through the--
                    ``(A) establishment of a partnership with HHT
                Treatment Centers of Excellence designated under
                paragraph (1) through the creation of an international
                database of patients assessed at such HHT Treatment
                Centers of Excellence (including with respect to
                phenotype information, genotype information,
                transfusion dependence, and radiological findings);
                    ``(B) integration of such database with the
                universal data collection system used by the Centers
                for monitoring hemophilia with the blood disorders and
                the Paul Coverdell National Acute Stroke Registry; and
                    ``(C) inclusion of other medical providers who
                treat HHT patients; and
            ``(6) use existing administrative databases on non-HHT
        Treatment Center of Excellence patients to learn about the
        natural history of HHT, the efficacy of various treatment
        modalities, and to better inform and develop screening and
        treatment guidelines associated with improvement in health care
        outcomes, and research priorities relevant to HHT.
    ``(d) Eligibility for Designation as HHT Treatment Center of
Excellence.--In carrying out subsection (c)(1), the Director may
designate as an HHT Treatment Center of Excellence only academic health
centers demonstrating each of the following:
            ``(1) The academic health center possesses a team of
        medical experts capable of providing comprehensive evaluation,
        treatment, and education to individuals with known or suspected
        HHT and their health care providers.
            ``(2) The academic health center has sufficient personnel
        with knowledge about HHT, or formal collaboration with
        partnering organizations for personnel or resources, to be able
        to--
                    ``(A) respond in a coordinated, multidisciplinary
                way to patient inquiries; and
                    ``(B) coordinate evaluation, treatment, and
                education of patients and their families in a timely
                manner.
            ``(3) The academic health center has the following
        personnel, facilities, and patient volume:
                    ``(A) A medical director with--
                            ``(i) specialized knowledge of the main
                        organ manifestations of HHT; and
                            ``(ii) the ability to coordinate the
                        multidisciplinary diagnosis and treatment of
                        patients referred to the center.
                    ``(B) Administrative staff with--
                            ``(i) sufficient knowledge to respond to
                        patient inquiries and coordinate patient care
                        in a timely fashion; and
                            ``(ii) adequate financial support to allow
                        the staff to commit at least 25 to 50 percent
                        of their time on the job to HHT.
                    ``(C) An otolaryngologist with experience and
                expertise in the treatment of recurrent epistaxis in
                HHT patients.
                    ``(D) An interventional radiologist with experience
                and expertise in the treatment of pulmonary
                arteriovenous malformations (AVM).
                    ``(E) A genetic counselor or geneticist with the
                expertise to provide HHT-specific genetic counseling to
                patients and families.
                    ``(F) On-site facilities to screen for all major
                organ manifestations of HHT.
                    ``(G) A patient volume of at least 25 new HHT
                patients per year.
                    ``(H) Established mechanisms to coordinate
                surveillance and outreach with HHT patient advocacy
                organizations.''.

SEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.

    With respect to hereditary hemorrhagic telangiectasia (in this sec
referred to as ``HHT''), the Secretary of Health and Human Services,
acting through the Administrator of the Centers for Medicare & Medicaid
Services, shall award grants on a competitive basis--
            (1) for an analysis by grantees of the Medicare Provider
        Analysis and Review (MEDPAR) file to develop preliminary
        estimates on the total costs to the Medicare program under
        title XVIII of the Social Security Act for items, services, and
        treatments for HHT furnished to individuals with HHT who are
        entitled to benefits under part A of title XVIII of the Social
        Security Act or enrolled under part B of such title; and
            (2) to make recommendations regarding an enhanced data
        collection protocol to permit a more precise determination of
        the total costs described in paragraph (1).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out section 409K of the Public Health
Service Act as added by section 4 of this Act, section 317U of the
Public Health Service Act as added by section 5 of this Act, and
section 6 of this Act, there is authorized to be appropriated
$5,000,000 for each of fiscal years 2012 through 2016.
    (b) Resource Center.--Of the amount authorized to be appropriated
under subsection (a) for each of fiscal years 2012 through 2016,
$1,000,000 shall be for carrying out section 317U(a)(4) of the Public
Health Service Act, as added by section 5 of this Act.

Summary: Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT. Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT. Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence. Requires the Administrator of the Centers for Medicare Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the totals costs to Medicare for items, services, and treatments for HHT. And (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs.

A bill to amend the Public Health Service Act to improve the diagnosis and treatment of hereditary hemorrhagic telangiectasia, and for other purposes.