SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asthma Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Despite improved therapies, asthma affects
        approximately 22,000,000 adults and 6,800,000 children under
        the age of 18 in the United States.
            (2) Approximately 1,000,000 hospital emergency room visits
        are attributed to asthma annually.
            (3) Asthma can be life-threatening if not properly managed.
        Most asthma-related deaths are preventable, yet such deaths
        continue to occur in the United States.
            (4) Asthma-related health care costs are estimated at
        $14,000,000,000 annually.
            (5) With early recognition of the signs and symptoms of
        asthma, proper diagnosis and treatment, and patient education
        and self-management, asthma is a controllable disease.
            (6) Public health interventions have been proven effective
        in the treatment and management of asthma. Population-based
        research supported by the National Institutes of Health has
        effectively demonstrated the benefits of combining aggressive
        medical treatment with patient education to improve the
        management of asthma. The National Asthma Education and
        Prevention Program helps raise awareness that asthma is a
        serious chronic disease, and helps promote more effective
        management of asthma through patient and professional
        education.
            (7) The alarming rise in prevalence, asthma-related deaths,
        and expenditures demonstrate that, despite extensive knowledge
        on effective asthma management strategies, current Federal
        policy and funding regarding the education, treatment, and
        management of asthma is inadequate.
            (8) Additional Federal direction, funding, and support is
        necessary to increase awareness of asthma as a chronic illness,
        its symptoms, and the environmental factors (indoor and
        outdoor) that affect the disease, as well as to promote
        education programs that teach patients how to better manage
        asthma.

SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION
              PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.

    (a) Additional Funding; Expansion of Program.--In addition to any
other authorization of appropriations that is available to the National
Heart, Lung, and Blood Institute for the purpose of carrying out the
National Asthma Education and Prevention Program, there is authorized
to be appropriated to such Institute for such purpose $4,100,000 for
each of the fiscal years 2010 through 2014. Amounts appropriated under
the preceding sentence shall be expended to expand such Program.
    (b) Coordinating Committee.--
            (1) Report to congress.--With respect to the coordinating
        committee established for the National Asthma Education and
        Prevention Program of the National Heart, Lung, and Blood
        Institute, such committee shall submit to Congress a report
        that--
                    (A) contains a determination by the committee of
                the scope of the problem of asthma in the United
                States;
                    (B) identifies all Federal programs that carry out
                asthma-related activities; and
                    (C) contains the recommendations of the committee
                for strengthening and better coordinating the asthma-
                related activities of the Federal Government.
            (2) Inclusion of representative of department of
        education.--The Secretary of Education or a designee of such
        Secretary shall be included in the membership of the
        coordinating committee described in paragraph (1).

SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND
              PREVENTION.

    (a) Expansion of Public Health Surveillance Activities; Program for
Providing Information and Education to Public.--The Secretary of Health
and Human Services, acting through the Director of the Centers for
Disease Control and Prevention, shall collaborate with the States to
expand the scope of--
            (1) activities that are carried out to determine the
        incidence and prevalence of asthma; and
            (2) activities that are carried out to prevent the health
        consequences of asthma, including through the provision of
        information and education to the public regarding asthma, which
        may include the use of public service announcements through the
        media and such other means as such Director determines to be
        appropriate.
    (b) Compilation of Data.--The Secretary of Health and Human
Services, acting through the Director of the Centers for Disease
Control and Prevention and in consultation with the National Asthma
Education Prevention Program Coordinating Committee, shall--
            (1) conduct local asthma surveillance activities to collect
        data on the prevalence and severity of asthma and the quality
        of asthma management, including--
                    (A) telephone surveys to collect sample household
                data on the local burden of asthma; and
                    (B) health care facility specific surveillance to
                collect asthma data on the prevalence and severity of
                asthma, and on the quality of asthma care; and
            (2) compile and annually publish data on--
                    (A) the prevalence of children suffering from
                asthma in each State; and
                    (B) the childhood mortality rate associated with
                asthma nationally and in each State.
    (c) Additional Funding.--In addition to any other authorization of
appropriations that is available to the Centers for Disease Control and
Prevention for the purpose of carrying out this section, there is
authorized to be appropriated to such Centers for such purpose
$8,200,000 for each of the fiscal years 2010 through 2014.

SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION,
              EDUCATION, AND SERVICES.

    (a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') may make grants to
nonprofit private entities for projects to carry out, in communities
identified by entities applying for the grants, outreach activities to
provide for residents of the communities the following:
            (1) Information and education on asthma.
            (2) Referrals to health programs of public and nonprofit
        private entities that provide asthma-related services,
        including such services for low-income individuals. The grant
        may be expended to make arrangements to coordinate the
        activities of such entities in order to establish and operate
        networks or consortia regarding such referrals.
    (b) Preferences in Making Grants.--In making grants under
subsection (a), the Secretary shall give preference to applicants that
will carry out projects under such subsection in communities that are
disproportionately affected by asthma or underserved with respect to
the activities described in such subsection and in which a significant
number of low-income individuals reside.
    (c) Evaluations.--As a condition for receiving a grant under
subsection (a), the applicant for the grant shall agree to provide for
the evaluation of the projects carried out under such subsection by the
applicant to determine the extent to which the projects have been
effective in carrying out the activities described in such subsection.
    (d) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $4,100,000 for each of the fiscal
years 2010 through 2014.

SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES
              REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM.

    (a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall in accordance with
subsection (b) carry out a program to encourage the States to implement
plans to carry out activities to assist children with respect to asthma
in accordance with guidelines of the National Heart, Lung, and Blood
Institute.
    (b) Relation to Children's Health Insurance Program.--
            (1) In general.--Subject to paragraph (2), if a State plan
        under title XXI of the Social Security Act (42 U.S.C. 1397aa et
        seq.) provides for activities described in subsection (a) to an
        extent satisfactory to the Secretary, the Secretary shall, with
        amounts appropriated under subsection (c), make a grant to the
        State involved to assist the State in carrying out such
        activities.
            (2) Requirement of matching funds.--
                    (A) In general.--With respect to the costs of the
                activities to be carried out by a State under paragraph
                (1), the Secretary may make a grant under such
                paragraph only if the State agrees to make available
                (directly or through donations from public or private
                entities) non-Federal contributions toward such costs
                in an amount that is not less than 50 percent of the
                costs ($1 for each $1 of Federal funds provided in the
                grant).
                    (B) Determination of amount contributed.--Non-
                Federal contributions required in subparagraph (A) may
                be in cash or in kind, fairly evaluated, including
                plant, equipment, or services. Amounts provided by the
                Federal Government, or services assisted or subsidized
                to any significant extent by the Federal Government,
                may not be included in determining the amount of such
                non-Federal contributions.
            (3) Criteria regarding eligibility for grant.--The
        Secretary shall publish in the Federal Register criteria
        describing the circumstances in which the Secretary will
        consider a State plan to be satisfactory for purposes of
        paragraph (1).
            (4) Technical assistance.--With respect to State plans
        under title XXI of the Social Security Act, the Secretary,
        acting through the Director of the Centers for Disease Control
        and Prevention, shall make available to the States technical
        assistance in developing the provisions of such plans that will
        provide for activities pursuant to paragraph (1).
    (c) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $4,100,000 for each of the fiscal
years 2010 through 2014.

SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA.

    (a) In General.--
            (1) School-based asthma activities.--The Secretary of
        Education (in this section referred to as the ``Secretary''),
        in consultation with the Director of the Centers for Disease
        Control and Prevention and the Director of the National
        Institutes of Health, may make grants to local educational
        agencies to carry out at elementary and secondary schools
        described in paragraph (2) programs for asthma-related
        activities for children who attend such schools.
            (2) Eligible schools.--The elementary and secondary schools
        described in this paragraph are such schools that are located
        in communities with a significant number of low-income or
        underserved individuals (as defined by the Secretary).
    (b) Development of Programs.--Programs under subsection (a) shall
include grants under which local education agencies and State public
health officials collaborate to develop programs to improve the
management of asthma in school settings.
    (c) Certain Guidelines.--Programs under subsection (a) shall be
carried out in accordance with applicable guidelines or other
recommendations of the National Institutes of Health (including the
National Heart, Lung, and Blood Institute) and the Environmental
Protection Agency.
    (d) Certain Activities.--Activities that may be carried out in
programs under subsection (a) include the following:
            (1) Identifying and working directly with local hospitals,
        community clinics, advocacy organizations, parent-teacher
        associations, and asthma coalitions.
            (2) Identifying asthmatic children and training such
        children and the families of such children in asthma self-
        management.
            (3) Purchasing asthma equipment.
            (4) Hiring school nurses.
            (5) Training teachers, nurses, coaches, and other school
        personnel in asthma-symptom recognition and emergency
        responses.
            (6) Simplifying procedures to improve safe access of
        students to asthma medications.
            (7) Such other asthma-related activities as the Secretary
        determines to be appropriate.
    (e) Definitions.--For purposes of this section, the terms
``elementary school'', ``local educational agency'', and ``secondary
school'' have the meanings given such terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
    (f) Funding.--For the purpose of carrying out this section, there
is authorized to be appropriated $4,100,000 for each of the fiscal
years 2010 through 2014.

SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS.

    It is the sense of Congress that--
            (1) hospitals should be encouraged to offer asthma-related
        education and training to asthma patients and families of
        asthma patients upon discharge from the hospital of such
        patients;
            (2) hospitals should, with respect to information on
        asthma, establish telephone services for patients and
        communicate with providers of primary health services; and
            (3) managed care organizations should--
                    (A) be encouraged to disseminate to health care
                providers asthma clinical practice guidelines developed
                or endorsed by the Public Health Service;
                    (B) collect and maintain asthma data; and
                    (C) offer asthma-related education and training to
                asthma patients and their families.

SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT.

    It is the sense of Congress that all Federal, State, and local
asthma-related activities should--
            (1) promote the guidelines and other recommendations of the
        Public Health Service on asthma diagnosis and management; and
            (2) be designed in consultation with national and local
        organizations representing the medical, educational, and
        environmental communities, as well as advocates that represent
        those affected by asthma.

Summary: Asthma Act - Authorizes additional appropriations to the National Heart, Lung, and Blood Institute to expand the National Asthma Education and Prevention Program. Requires the Program's coordinating committee to report to Congress on: (1) the scope of the asthma problem in the United States, (2) federal programs that carry out asthma-related activities. And (3) recommendations for strengthening and better coordinating such activities. Includes the Secretary of Education or a designee in the committee's membership. Requires the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC) to: (1) collaborate with states to expand the scope of asthma-related activities to determine the incidence and prevalence of asthma and prevent related health consequences. (2) conduct local asthma surveillance activities to collect data on the prevalence and severity of asthma and the quality of asthma management. And (3) compile and annually publish data on the prevalence of asthma in children. Authorizes the Secretary to make grants for: (1) information and education on asthma. And (2) referrals to health programs that provide asthma-related services. Directs the Secretary to: (1) carry out a program to encourage the states to implement plans for activities to assist children with respect to asthma in accordance with the Institute's guidelines. And (2) make a grant to states under the Children's Health Insurance Program for such activities. Authorizes grants to local educational agencies to carry out asthma-related activities at elementary and secondary schools in communities with a significant number of low-income or underserved individuals.

A bill to provide the Secretary of Health and Human Services and the Secretary of Education with increased authority with respect to asthma programs, and to provide for increased funding for such programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rim of the Valley Corridor Study
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The greater Southern California metropolitan region is
        the second largest urban concentration in the United States,
        with almost one-tenth of the total population of the country,
        yet it has one of the lowest ratios of park-and-recreation-
        lands-per-thousand-population of any urban area in the country.
        Unless action is taken soon, this situation will only become
        worse as the region continues to be subjected to intense
        growth.
            (2) The lack of park, recreation, natural open space, and
        habitat protection in close proximity to the greater Southern
        California metropolitan region deprives the individuals who
        reside there of--
                    (A) the health and spiritual welfare benefits of
                proximity to nature; and
                    (B) the quantifiable benefits of reduced crime,
                lower social tension, and increased educational
                opportunities that are associated with the provision of
                open space in geographic proximity to and accessible to
                urban populations.
            (3) The Rim of the Valley Corridor encircling the San
        Fernando and La Crescenta valleys provides important scenic,
        environmental, recreational, educational, scientific, and
        economic assets to the greater Southern California metropolitan
        region. These assets are deserving of increased protection so
        that they can continue to provide public benefit in the 21st
        century and beyond.
            (4) The Rim of the Valley Corridor, consisting of parts of
        the Santa Monica Mountains, Santa Susanna Mountains, San
        Gabriel Mountains, Verdugo Mountains, San Rafael Hills, and
        adjacent connector areas to the Los Padres and San Bernardino
        National Forests, contains significant examples of--
                    (A) the world's most endangered habitat area, the
                Mediterranean chaparral ecosystem; and
                    (B) significant examples of separate ecotones
                indigenous to the area.
            (5) A key element of the Rim of the Valley Corridor is the
        escarpment of the San Gabriel Mountains that is largely
        contained within the Angeles National Forest. That national
        forest is primarily managed for watershed, recreational, and
        habitat values and not for commercial exploitation of forest
        resources.
            (6) Privately owned lands within the Rim of the Valley
        Corridor are critical to providing additional scenic,
        environmental, recreational, and open space values. These lands
        should be brought within public protection through the use of
        voluntary incentives, respecting at all times the legitimate
        private property values of existing property owners.
            (7) The State of California has adopted the Rim of the
        Valley Master Plan, and local governments within the Rim of the
        Valley Corridor have made significant progress toward
        protecting the unique natural and recreational resources of the
        area. However, these efforts have been hampered by a lack of
        financial resources, technical assistance, and resource
        management expertise that can be provided by the Federal
        Government.

SEC. 3. STUDY OF RIM OF THE VALLEY CORRIDOR FOR ESTABLISHMENT AS UNIT
              OF THE SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA.

    (a) In General.--The Secretary of the Interior shall conduct a
special resource study of the lands, waters, and interests of the area
comprising the Rim of the Valley Corridor in Southern California, as
depicted on the maps on file on June 15, 2001, in the office of the
Secretary of the State of California pursuant to Division 23 of the
California Public Resources Code (section 33000 et seq.).
    (b) Study Topics.--The study shall evaluate the national
significance of the area and the suitability and feasibility of
establishing it as a unit of the Santa Monica Mountains National
Recreation Area of the National Park System.
    (c) Criteria.--In conducting the study authorized by this section,
the Secretary shall use the criteria for the study of areas for
potential inclusion in the National Park System contained in section 8
of Public Law 91-383 (16 U.S.C. 1a-5).
    (d) Consultation.--In conducting the study authorized by this
section, the Secretary shall regularly consult with the Rim of the
Valley Corridor and Santa Monica Mountains National Recreation Area
Advisory Committee established by section 4.

SEC. 4. ESTABLISHMENT OF ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Rim of the Valley
Corridor and Santa Monica Mountains National Recreation Area Advisory
Committee (in this section referred to as the ``Committee'').
    (b) Recommendation of Boundaries for Expanded Recreation Area.--
            (1) In general.--The Committee shall--
                    (A) advise the Secretary of the Interior regarding
                the conduct of the study under section 3; and
                    (B) recommend to the Secretary of the Interior
                boundaries for a Santa Monica Mountains and Rim of the
                Valley National Recreation Area.
            (2) Boundary requirements.--The boundaries recommended by
        the Committee shall--
                    (A) reflect the boundaries of the Santa Monica
                Mountains National Recreation Area, as in effect on the
                date of the enactment of this Act; and
                    (B) generally include the lands, waters, and
                interests comprising the Rim of the Valley Corridor as
                depicted on the maps as on file on June 15, 2001, in
                the office of the Secretary of the State of California
                pursuant to Division 23 of the California Public
                Resources Code (section 33000 et seq.).
            (3) Submission.--The Committee shall--
                    (A) submit a recommendation to the Secretary of the
                Interior under this subsection within 365 days after
                the first meeting of the Committee; and
                    (B) include in the recommendation maps depicting
                the boundaries proposed for a Santa Monica Mountains
                and Rim of the Valley National Recreation Area.
            (4) Public participation.--The Committee shall provide
        opportunities for public participation in and comment on the
        recommendation of boundaries under this subsection.
    (c) Membership.--The Committee consists of 24 members appointed by
the Secretary of the Interior, as follows:
            (1) 17 representatives of local governments having
        jurisdiction over areas in the vicinity of the recreation area,
        of whom one shall be nominated by each of--
                    (A) the mayor of the city of Los Angeles;
                    (B) the board of supervisors of the county of Los
                Angeles;
                    (C) the board of supervisors of the county of
                Ventura;
                    (D) the city council of the city of Thousand Oaks;
                    (E) the city council of the city of Agoura Hills;
                    (F) the city council of the city of Westlake
                Village;
                    (G) the city council of the city of Malibu;
                    (H) the city council of the city of Calabasas;
                    (I) the city council of the city of Burbank;
                    (J) the city council of the city of Glendale;
                    (K) the city council of the city of La Canada-
                Flintridge;
                    (L) the city council of the city of Pasadena;
                    (M) the city council of the city of Sierra Madre;
                    (N) the city council of the city of South Pasadena;
                    (O) the city council of the city of Santa Clarita;
                    (P) the city council of the city of Moorpark; and
                    (Q) the board of supervisors of Los Angeles county
                to represent the unincorporated communities within the
                jurisdiction of the East Rim of the Valley Trail
                Corridor, after consultation with the Town Council of
                Altadena and the Crescenta Valley Town Council.
            (2) The Superintendent of the Santa Monica Mountains
        National Recreation Area, or a designee of such Superintendent.
            (3) The Supervisor of the Angeles National Forest, or a
        designee of such Supervisor.
            (4) The Superintendent of the Angeles District of the State
        of California Department of Parks and Recreation, or a designee
        of such Superintendent.
            (5) The Director of the Santa Monica Mountains Conservancy,
        or a designee of such Director.
            (6) One representative of the Rancho Simi Recreation and
        Park District, nominated by the Board of Directors of such
        district.
            (7) One representative of the Conejo Recreation and Park
        District, nominated by the Board of Directors of such district.
            (8) One representative of the Pleasant Valley Recreation
        and Park District, nominated by the Board of Directors of such
        district.
    (d) Chairperson and Vice Chairperson.--The Committee shall select
from among its members a chairperson and a vice chairperson.
    (e) Compensation and Expenses.--The members of the Committee shall
serve without compensation, but shall be reimbursed by the Secretary of
the Interior for necessary expenses incurred in the performance of
their duties.
    (f) Quorum.--13 members of the Committee shall constitute a quorum
for the transaction of any business.
    (g) Termination.--The Committee shall terminate upon the submittal
by the Secretary of the special resources study under section 3 to the
Congress.

Summary: Rim of the Valley Corridor Study Act - Directs the Secretary of the Interior to conduct a special resource study of the lands, waters, and interests of the Rim of the Valley Corridor in Southern California to evaluate its national significance and the suitability and feasibility of establishing it as a unit of the Santa Monica Mountains National Recreation Area of the National Park System. Establishes the Rim of the Valley Corridor and Santa Monica Mountains National Recreation Area Advisory Committee to: (1) advise the Secretary regarding such study. And (2) recommend to the Secretary boundaries for a Santa Monica Mountains and Rim of the Valley National Recreation Area.

To direct the Secretary of the Interior to conduct a special resources study to evaluate the suitability and feasibility of establishing the Rim of the Valley Corridor as a unit of the Santa Monica Mountains National Recreation Area.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Genetic Information Health Insurance
Nondiscrimination Act of 1997''.

SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF
              GENETIC INFORMATION.

    (a) Group Coverage.--
            (1) Amendments to public health service act.--
                    (A) Inclusion of genetic testing.--Section
                2702(a)(1)(F) of the Public Health Service Act (42
                U.S.C. 300gg-1(a)(1)(F)), as added by section 102(a) of
                Health Insurance Portability and Accountability Act of
                1996, is amended by inserting ``(or a request for, or
                receipt of, genetic information or a genetic test)''
                after ``genetic information''.
                    (B) Limitation on collection and disclosure of
                genetic information.--Subpart 2 of part A of title
                XXVII of the Public Health Service Act, as amended by
                section 703(a) of Public Law 104-204, is amended by
                adding at the end the following new section:

``SEC. 2706. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC
              INFORMATION.

    ``(a) Limitation on Collection.--A health insurance issuer may not
request or require an individual to whom the issuer provides health
insurance coverage in connection with a group health plan (or an
individual who desires the issuer to provide health insurance coverage
in connection with a group health plan ), and a group health plan may
not request or require a participant or beneficiary under the plan (or
an individual who desires to become such a participant or beneficiary),
to disclose any genetic information or to obtain any genetic test.
    ``(b) Restriction on Disclosure.--Subject to subsection (c), a
health insurance issuer in connection with health insurance coverage
offered in connection with a group health plan and a group health plan
may not disclose genetic information about an individual (regardless of
how the information was obtained) without a prior written authorization
of the individual (or legal representative of the individual) that
includes--
            ``(1) a description of the information being disclosed,
            ``(2) the name of the individual or person to whom the
        disclosure is being made, and
            ``(3) the purpose of the disclosure.
Such authorization is required for each disclosure.
    ``(c) Exceptions to Disclosure Restriction.--Genetic information
concerning an individual may be disclosed by a health insurance issuer
or group health plan if such disclosure--
            ``(1) is authorized under criminal laws relating to the
        identification of individuals, or is authorized under Federal
        or State law and is necessary for the purpose of a criminal or
        death investigation, a criminal or juvenile proceeding, an
        inquest, or a child fatality review by a multidisciplinary
        child abuse team;
            ``(2) is required under the specific order of a court;
            ``(3) is authorized under law for the purpose of
        establishing paternity;
            ``(4) is for the purpose of furnishing genetic information
        relating to a decedent to the blood relatives of the decedent
        for the purpose of medical diagnosis; or
            ``(5) is for the purpose of identifying a body.
    ``(d) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
                    (C) Definitions.--Section 2791(d) of the Public
                Health Service Act (42 U.S.C. 300gg-91(d)) is amended
                by adding at the end the following new paragraph:
            ``(15) Genetic information; genetic test.--(A) The term
        `genetic information' means the information about genes, gene
        products, or inherited characteristics that may derive from an
        individual or a blood-relative of the individual.
            ``(B) The term `genetic test' means a test for determining
        the presence or absence of genetic characteristics in an
        individual.''.
                    (D) Conforming amendment.--Section 2723(c) of such
                Act (42 U.S.C. 300gg-23(c)), as amended by section
                604(b)(2) of Public Law 104-204, is amended by striking
                ``section 2704'' and inserting ``sections 2704 and
                2706''.
            (2) ERISA amendments.--
                    (A) Inclusion of genetic testing.--Section
                702(a)(1)(F) of the Employee Retirement Income Security
                Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by
                section 101(a) of Health Insurance Portability and
                Accountability Act of 1996, is amended by inserting
                ``(or a request for, or receipt of, genetic information
                or a genetic test)'' after ``genetic information''.
                    (B) Limitation on collection and dislosure of
                genetic information.--Subpart B of part 7 of subtitle B
                of title I of the Employee Retirement Income Security
                Act of 1974, as amended by section 702(a) of Public Law
                104-204, is amended by adding at the end the following
                new section:

``SEC. 713. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC
              INFORMATION.

    ``(a) Limitation on Collection.--A health insurance issuer may not
request or require an individual to whom the issuer provides health
insurance coverage in connection with a group health plan (or an
individual who desires the issuer to provide health insurance coverage
in connection with a group health plan ), and a group health plan may
not request or require a participant or beneficiary under the plan (or
an individual who desires to become such a participant or beneficiary),
to disclose any genetic information or to obtain any genetic test.
    ``(b) Restriction on Disclosure.--Subject to subsection (c), a
health insurance issuer in connection with health insurance coverage
offered in connection with a group health plan and a group health plan
may not disclose genetic information about an individual (regardless of
how the information was obtained) without a prior written authorization
of the individual (or legal representative of the individual) that
includes--
            ``(1) a description of the information being disclosed,
            ``(2) the name of the individual or person to whom the
        disclosure is being made, and
            ``(3) the purpose of the disclosure.
Such authorization is required for each disclosure.
    ``(c) Exceptions to Disclosure Restriction.--Genetic information
concerning an individual may be disclosed by a health insurance issuer
or group health plan if such disclosure--
            ``(1) is authorized under criminal laws relating to the
        identification of individuals, or is authorized under Federal
        or State law and is necessary for the purpose of a criminal or
        death investigation, a criminal or juvenile proceeding, an
        inquest, or a child fatality review by a multidisciplinary
        child abuse team;
            ``(2) is required under the specific order of a court;
            ``(3) is authorized under law for the purpose of
        establishing paternity;
            ``(4) is for the purpose of furnishing genetic information
        relating to a decedent to the blood relatives of the decedent
        for the purpose of medical diagnosis; or
            ``(5) is for the purpose of identifying a body.
    ``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
                    (C) Definitions.--Section 733(d) of the Employee
                Retirement Income Security Act of 1974 (29 U.S.C.
                1186(d)) is amended by adding at the end the following
                new paragraph:
            ``(5) Genetic information; genetic test.--(A) The term
        `genetic information' means the information about genes, gene
        products, or inherited characteristics that may derive from an
        individual or a blood-relative of the individual.
            ``(B) The term `genetic test' means a test for determining
        the presence or absence of genetic characteristics in an
        individual.''.
            ``(2) Construction.--Section 731(a)(1) shall not be
        construed as superseding a State law described in paragraph
        (1).''.
                    (D) Conforming amendments.--(i) Section 731(c) of
                such Act (29 U.S.C. 1191(c)), as amended by section
                603(b)(1) of Public Law 104-204, is amended by striking
                ``section 711'' and inserting ``sections 711 and 713''.
                    (ii) Section 732(a) of such Act (29 U.S.C.
                1191a(a)), as amended by section 603(b)(2) of Public
                Law 104-204, is amended by striking ``section 711'' and
                inserting ``sections 711 and 713''.
                    (iii) The table of contents in section 1 of such
                Act is amended by ins0erting after the item relating to
                section 712 the following new item:

``Sec. 713. Limitation on collection and disclosure of genetic
                            information.''.
            (3) Internal revenue code amendments.--
                    (A) Genetic information.--Section 9802(a)(1)(F) of
                the Internal Revenue Code of 1986, as added by section
                401(a) of the Health Insurance Portability and
                Accountability Act of 1996, is amended by inserting
                ``(or a request for, or receipt of, genetic information
                or a genetic test)'' after ``genetic information''.
                    (B) Definitions.--Section 9805(d) of such Act is
                amended by adding at the end the following new
                paragraph:
            ``(6) Genetic information; genetic test.--(A) The term
        `genetic information' means the information about genes, gene
        products, or inherited characteristics that may derive from an
        individual or a blood-relative of the individual.
            ``(B) The term `genetic test' means a test for determining
        the presence or absence of genetic characteristics in an
        individual.''.
    (b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:

``SEC. 2752. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC
              INFORMATION.

    ``(a) In General.--The provisions of section 2706 (other than
subsection (d)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
    ``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
    (c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 1998.
    (2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date.

Summary: Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage.


SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW
              FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Program Authorized.--
            (1) In general.--The Secretary of Veterans Affairs may
        carry out a program under which the Secretary may enter into
        not more than five partnership agreements with entities
        described in paragraph (2) to conduct one or more--
                    (A) super construction projects (as defined in
                section 8103(e)(3) of title 38, United States Code);
                    (B) major medical facility projects (as defined in
                section 8104(a)(3) of title 38, United States Code); or
                    (C) major construction projects to construct new
                cemeteries or to develop additional gravesites or
                columbarium niches at existing cemeteries.
            (2) Entities described.--Entities described in this
        paragraph are the following:
                    (A) A State or local authority.
                    (B) An organization that is described in section
                501(c)(3) of the Internal Revenue Code of 1986 and is
                exempt from taxation under section 501(a) of such Code.
                    (C) A limited liability corporation.
                    (D) A private entity.
                    (E) A donor or donor group.
                    (F) Any other non-Federal Government entity.
    (b) Application of Certain Laws.--The authority under this section
may be carried out notwithstanding any other provision of law
(including section 8103(e) of title 38, United States Code), except
for--
            (1) Federal laws relating to environmental and historic
        preservation; and
            (2) subchapter IV of chapter 31 of title 40, United States
        Code (commonly referred to as the ``Davis-Bacon Act'').
    (c) Selection of Projects.--
            (1) In general.--Except as provided in paragraph (2), the
        projects that the Secretary may select for the program are
        projects for which--
                    (A)(i) Congress has appropriated partial funding
                for the project; or
                    (ii) The Department of Veterans Affairs has
                identified a need for the project through its long-
                range capital planning process by listing the project
                on the Major Construction Strategic Capital Investment
                Planning priority list included in the budget submitted
                to Congress by the President pursuant to section
                1105(a) of title 31, United States Code; and
                    (B) an entity described in subsection (a)(2) has
                entered into or is willing to enter into a formal
                agreement with the Secretary to independently finance
                or donate amounts for the project, in an amount
                acceptable and at no additional cost to the Federal
                Government.
            (2) Selected construction project.--
                    (A) In general.--One of the five partnership
                agreements that the Secretary is authorized to enter
                into under subsection (a) is a partnership agreement to
                conduct a project to design, finance, and construct a
                new ambulatory care center in Omaha, Nebraska.
                    (B) Space and parking.--The project described in
                subparagraph (A) shall include space and parking as
                determined necessary by the Secretary.
                    (C) Contribution of funds.--The Secretary may
                contribute funds for the project described in
                subparagraph (A) in an amount not to exceed
                $56,000,000, and in no event shall the contribution or
                liability of the Secretary exceed such amount except to
                the extent that additional funds are appropriated for
                the project.
    (d) Requirements of Entities.--
            (1) Agreements.--Each partnership agreement entered into
        under subsection (a) with an entity described in paragraph (2)
        of that subsection for the conduct of a project under this
        section shall provide for the following:
                    (A) The entity shall conduct any necessary
                environmental and historic preservation due diligence,
                comply with local zoning requirements (except for
                studies and consultations required of the Department
                under Federal law), and obtain any permits required
                before beginning construction in connection with the
                project.
                    (B) The entity shall use construction standards
                required of the Department when designing and building
                the project, except to the extent the Secretary
                determines otherwise.
                    (C) The entity shall establish a Board of Directors
                described in paragraph (2) to oversee the conduct of
                the project (in this section referred to as the
                ``Board'').
            (2) Board of directors.--
                    (A) Composition.--
                            (i) In general.--The Board shall be
                        comprised of not fewer than 5 and not more than
                        10 members as follows:
                                    (I) Not fewer than one member shall
                                be a veteran who is not an employee of
                                the Department.
                                    (II) Not fewer than one member
                                shall be an employee of the Department
                                and function as a nonvoting member of
                                the Board.
                            (ii) Chair.--The Board shall designate a
                        Chair from among the members of the Board to
                        oversee the activities of the Board.
                            (iii) Conflicts.--All current or proposed
                        members of the Board shall promptly disclose
                        any actual or potential conflicts to the
                        Secretary and must agree as a condition of
                        their appointment to the Board to remove
                        themselves from membership on the Board if the
                        Chair and Secretary jointly agree that doing so
                        is appropriate due to an actual or potential
                        conflict.
                    (B) Charter.--Not later than 180 days after
                inception, or such other timeframe as the Secretary may
                approve, the Board shall establish a written charter to
                describe the roles, responsibilities, policies, and
                procedures of operation of the Board to ensure
                successful project management, design, and
                construction, and completion of the designated project.
                    (C) Duties.--
                            (i) In general.--The Board shall be
                        responsible for overseeing the activities
                        needed to finance, design, and construct the
                        designated project for the Department.
                            (ii) Updates.--The Board shall submit to
                        the Secretary written updates regarding the
                        status of the designated project at such time
                        and in such manner as the Secretary shall
                        specify.
                    (D) Defense to department.--The Board shall defer
                to the Secretary on all matters that are inherent to
                the mission and operations of the Department, including
                conditional or final acceptance of the designated
                project.
                    (E) Dissolution.--The Board may not dissolve until
                after the Secretary has provided final acceptance of
                the completion of the designated project to the Board,
                plus such additional time or contingencies as the Board
                and the Secretary may jointly approve.
    (e) Project Funds.--
            (1) From department.--
                    (A) In general.--Except as provided in subsection
                (c)(2), and except to the extent that additional funds
                are appropriated for a project, the Secretary may
                provide funds to help finance, design, and construct
                the project in an amount not to exceed the total amount
                appropriated for the project at the time of the
                partnership agreement under subsection (a) between the
                Department and the entity described in subsection
                (a)(2) that is conducting the project.
                    (B) Terms and conditions.--The Secretary shall
                provide funds pursuant to subparagraph (A) under such
                terms, conditions, and schedule as the Secretary
                determines appropriate.
            (2) From entity.--The entity described in subsection (a)(2)
        that is conducting the project shall be required to contribute
        all funds in addition to the funds provided under paragraph (1)
        that are needed to complete the project.
    (f) Application.--To be eligible to participate in the program
under this section, entities described in subsection (a)(2) shall
submit to the Secretary an application to address needs relating to
facilities of the Department, including health care needs, identified
in the Construction and Long-Range Capital Plan of the Department, at
such time, in such manner, and containing such information as the
Secretary may require, including the following:
            (1) The name, resume, and description of the experience of
        the project manager for each project that the entity is
        proposing to pursue with the Secretary under the program.
            (2) A description of the proposed monetary and non-monetary
        contributions of the entity for the project, and how future
        funding will be secured.
            (3) A description of the process the entity would use to
        select a third-party contractor or developer, as applicable, to
        perform the work necessary to complete the project.
            (4) A description of the Board and project management plan
        that the entity will use, to ensure concise and consistent
        communication between all parties involved in the project.
            (5) A description of the procedures that the entity will
        use to review, monitor, and process change orders when
        received, including how input and feedback by the Department
        will be incorporated, particularly for issues that would affect
        the time or cost of the project.
            (6) A detailed estimate of the costs to complete the
        project.
            (7) A description of the estimated timeline for completion
        of the project and milestones associated with the activities
        needed to finance, design, and construct the project.
            (8) An agreement to obtain an independent annual financial
        audit of all activities and costs relating to the project in
        accordance with generally accepted accounting principles.
            (9) Such other information as the Secretary may require.
    (g) Annual Report on Projects.--
            (1) In general.--The Secretary shall include in the budget
        submitted to Congress by the President pursuant to section
        1105(a) of title 31, United States Code, information regarding
        any projects conducted under this section during the year
        preceding the submittal of the budget.
            (2) Elements.--Each report submitted under paragraph (1)
        shall provide a detailed status of projects conducted under
        this section, including the percentage completion of the
        project.
    (h) Comptroller General Report.--The Comptroller General of the
United States shall submit to Congress a biennial report on the
partnership agreements entered into under the program under this
section.
    (i) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other agreements that are authorized by law and not inconsistent
with this section.

Summary: This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a state or local authority, a tax exempt non-profit corporation, a limited liability corporation, a private entity, a donor, or other non-federal entity to conduct: super construction projects, major medical facility projects. Or major construction projects to construct a new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries. The VA may select projects for which: (1) Congress has appropriated partial funding or the VA has identified a need through its long-range capital planning process by listing it on the Major Construction Strategic Capital Investment Planning priority list included in the annual budget submitted to Congress by the President, and (2) a non-federal entity has entered into or is willing to enter into a formal agreement with the VA to independently finance or donate an acceptable amount of project funds at no additional cost to the federal government. One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska. Each partnership agreement shall require the partner entity to: conduct necessary environmental and historic preservation due diligence, comply with local zoning requirements, and obtain any permits required for construction. Use construction standards required of the VA when designing and building the project, except to the extent the VA determines otherwise. And establish a Board of Directors to oversee the project. The VA shall include in the annual budget submitted to Congress by the President information regarding any projects conducted under this bill during the preceding year.

A bill to establish a pilot program on partnership agreements to construct new facilities for the Department of Veterans Affairs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Chemical and
Biological Warfare Agent Exposure Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the ``Commission on Chemical and Biological Warfare Agent Exposure''
(in this Act referred to as the ``Commission'').
    (b) Composition.--The Commission shall be composed of 9 members (in
this Act referred to as the ``members'') who shall be appointed as
follows:
            (1) 3 members shall be appointed by the President.
            (2) 2 members shall be appointed by the Speaker of the
        House of Representatives.
            (3) 1 member shall be appointed by the minority leader of
        the House of Representatives.
            (4) 2 members shall be appointed by the President pro
        tempore of the Senate.
            (5) 1 member shall be appointed by the minority leader of
        the Senate.
    (c) Qualifications.--
            (1) In general.--Members shall be appointed from among
        individuals with knowledge and expertise relevant to the duties
        of the Commission, and may not be officers or employees of the
        United States.
            (2) Exception.--A member who, when appointed to the
        Commission, was not an officer or employee of the United
        States, and who later becomes such an officer or employee may
        continue as a member for not longer than the 30-day period
        beginning on the date that the member becomes such an officer
        or employee.
    (d) Initial Appointments.--All initial appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
    (e) Chairman.--The Chairman of the Commission (in this Act referred
to as the ``Chairman'') shall be elected by the members.
    (f) Period of Appointment.--Each member shall be appointed for the
life of the Commission.
    (g) Security Clearances.--All members of the Commission shall apply
for appropriate security clearances. The Secretary of Defense shall
provide expedited processing of security clearances of members.
    (h) Initial Meeting.--The Commission shall convene its first
meeting not later than 30 days after the date as of which all initial
appointments to the Commission have been made.

SEC. 3. INVESTIGATION.

    The Commission shall investigate the following:
            (1) The presence of chemical and biological warfare agents
        in the Persian Gulf theater during the Persian Gulf conflict,
        the amounts and locations of the agents present, and the
proximity of members of the Armed Forces to such locations.
            (2) The location and nature of all releases, detections, or
        reports of chemical or biological warfare agents in connection
        with the Persian Gulf conflict, the identity of the units of
        the Armed Forces and the number of individuals potentially
        exposed to the agents, and the degree of exposure to the
        agents.
            (3) The level of preparedness of members of the Armed
        Forces to recognize and respond to possible exposure to
        chemical and biological warfare agents during the Persian Gulf
        conflict, the appropriateness of standards used by the Armed
        Forces to evaluate low levels of exposure to the agents, the
        adequacy of medical training and procedures of the Armed Forces
        for identifying and treating exposure to the agents, the
        adequacy of information provided to members of the Armed Forces
        on the possible presence or release of the agents, and the
        appropriateness of instructions and procedures followed to
        protect members of the Armed Forces from exposure to the
        agents.
            (4) The handling by the Department of Defense of reports on
        the use, presence, destruction, storage, and transportation of
        chemical and biological weapons in connection with the Persian
        Gulf conflict.
            (5) The adequacy of the recordkeeping and reporting
        procedures of the Department of Defense with respect to
        exposure to chemical and biological warfare agents.
            (6) The adequacy of Department of Defense training,
        preparation, detection, and safety procedures concerning
        chemical and biological warfare agents.

SEC. 4. REPORT.

    Not later than 2 years after the first meeting of the Commission,
the Commission shall submit to the President and the Congress a report
containing--
            (1) the results and findings of the investigation conducted
        under section 3; and
            (2) recommendations for such changes as the Commission
        considers appropriate, in the recordkeeping, reporting,
        preparation, and training procedures of the Department of
        Defense with respect to exposure to chemical and biological
        warfare agents, to improve the safety and readiness of members
        of the Armed Forces.

SEC. 5. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers appropriate. The Commission may administer oaths
to witnesses appearing before it.
    (b) Obtaining Information.--The Commission may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this Act. Upon request of the Chairman, the head
of that department or agency shall furnish that information to the
Commission in a full and timely manner.
    (c) Subpoena Power.--
            (1) In general.--The Commission may issue a subpoena to
        require the attendance and testimony of witnesses and the
        production of evidence relating to any matter under
        investigation by the Commission.
            (2) Failure to obey an order or subpoena.--If a person
        refuses to obey an order or subpoena of the Commission that is
        issued in connection with a Commission proceeding, the
        Commission may apply to the United States district court in the
        judicial district in which the proceeding is held for an order
requiring the person to comply with the subpoena or order.
    (d) Immunity.--The Commission is an agency of the United States for
purposes of part V of title 18, United States Code (relating to
immunity of witnesses).
    (e) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for services
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).

SEC. 6. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of the
Chairman.
    (b) Quorum.--5 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
    (c) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this Act.

SEC. 7. PERSONNEL MATTERS.

    (a) Pay of Members.--Members shall not be paid by reason of their
service as members.
    (b) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
    (c) Director.--The Commission shall have a Director who shall be
appointed by the Chairman.
    (d) Staff.--With the approval of the Commission and as the Director
considers appropriate, the Director may--
            (1) appoint trained investigators and other Commission
        personnel; and
            (2) fix the pay of such trained investigators and other
        Commission personnel.
    (e) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.

SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.

    (a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the United States.
    (b) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
    (c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.

SEC. 9. BUDGET ACT COMPLIANCE.

    Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974) authorized
by this Act shall be effective only to such extent and in such amounts
as are provided in advance in appropriations Acts.

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate 60 days after submitting its report
pursuant to section 4.

Summary: Commission on Chemical and Biological Warfare Agent Exposure Act - Establishes the Commission on Chemical and Biological Warfare Agent Exposure to investigate the presence of, and US military personnel exposure to, chemical and biological warfare agents in the Persian Gulf theater during the Persian Gulf War. Requires a Commission report to the President and the Congress on investigation results and appropriate recommendations for changes in the recordkeeping, reporting, preparation, and training procedures of the Department of Defense with respect to such exposure in order to improve the safety and readiness of US military personnel. Terminates the Commission 60 days after such report.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Indian Trust Responsibility
Review Act of 2014''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds as follows:
            (1) The Final Report of the American Indian Policy Review
        Committee, published in 1977, made a number of recommendations
        regarding the United States administration of its trust
        relationship with federally recognized Indian tribes and their
        members, many of which have not been implemented.
            (2) There has been no general, comprehensive review of the
        United States trust relationship with federally recognized
        Indian tribes since the publication of the Final Report of the
        American Indian Policy Review Committee.
            (3) The trust relationship has evolved over time and there
        is a clear need to re-examine the administration of the United
        States constitutional trust responsibility.
            (4) The duties administered by Federal agencies charged
        with protecting federally recognized Indian tribal trust
        resources and providing services often conflict with other
        duties discharged by the same or separate Federal agencies and
        departments and it is the beneficiaries of the trust
        relationship that suffer as a result.
            (5) In carrying out its trust responsibilities to federally
        recognized Indian tribes and their members, it is crucial that
        Congress have the benefit of a review of the United States
        trust relationship with federally recognized Indian tribes to
        improve its ability to exercise oversight over the Executive
        Branch, pursue policies to empower tribal self-determination,
        and better administer the trust relationship.

SEC. 3. DECLARATION.

    Congress declares that it is timely and essential to conduct a
review of the current state of the United States unique trust
relationship with federally recognized Indian tribes and their members
in order to better administer constitutional trust responsibilities and
make necessary revisions in relevant trust statutes, regulations, and
policies for the benefit of American Indian people.

SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION.

    (a) Establishment.--In order to carry out the purposes of this Act,
there is hereby established the American Indian Trust Review
Commission, hereinafter referred to as the ``Commission''.
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of 12
        members, of whom--
                    (A) 4 shall be appointed by the President, in
                consultation with the Secretary of the Interior;
                    (B) 3 shall be appointed by the Speaker of the
                House of Representatives, in consultation with the
                Chairman of the Committee on Natural Resources of the
                House of Representatives;
                    (C) 1 shall be appointed by the Minority Leader of
                the House of Representatives, in consultation with the
                Ranking Member of the Committee on Natural Resources of
                the House of Representatives;
                    (D) 3 shall be appointed by the Majority Leader of
                the Senate, in consultation with the Chairman of the
                Committee on Indian Affairs; and
                    (E) 1 shall be appointed by the Minority Leader of
                the Senate, in consultation with the Vice Chairman of
                the Committee on Indian Affairs.
            (2) Diversity of qualifications.--In making appointments to
        the Commission, every effort shall be made to select
        individuals whose qualifications are not already represented by
        other members of the Commission.
            (3) Term.--Each member shall be appointed for the life of
        the Commission.
            (4) Time for initial appointments.--The appointment of the
        members of the Commission shall be made no later than 60 days
        after the date of enactment of this Act.
    (c) Commission Organization.--At its organizational meeting, the
members of the Commission appointed pursuant to subsection (b)(1) of
this section shall elect from their members, a Chairman and Vice
Chairman immediately thereafter.
    (d) Vacancies.--Vacancies in the membership of the Commission shall
not affect the power of the remaining members to execute the functions
of the Commission and shall be filled in the same manner as in the case
of the original appointment of the member whose seat is vacated.
    (e) Quorum.--Eight members of the Commission shall constitute a
quorum, but a smaller number, as determined by the Commission, may
conduct hearings.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Investigation; Study.--The Commission shall conduct a
comprehensive review of the unique trust relationship between the
United States and federally recognized Indian tribes. The study shall
include--
            (1) a study and analysis of the Constitution, and relevant
        treaties, compacts, statutes, judicial interpretations, and
        Executive Orders to determine the attributes of the unique
        trust relationship between the Federal Government, and
        federally recognized Indian tribes;
            (2) a review of the policies, practices, and structure of
        the Federal agencies charged with protecting Indian tribal
        trust resources and providing services to Indians;
            (3) a management study of the Bureau of Indian Affairs and
        its ability to discharge its trust responsibilities without
        conflicting with the duties of other Federal agencies and
        departments;
            (4) a review of relevant statutes, regulations, and
        policies to determine the feasibility of authorizing Indian
        tribes, in their discretion, to assume some or all of the
        functions, programs, services, and activities now currently
        undertaken and provided by the Federal Government;
            (5) a compilation, collection, and analysis of data
        necessary to understand the extent of the needs of federally
        recognized Indian tribes, including the adequacy of educational
        systems, health care, public safety, and infrastructure;
            (6) the feasibility of creating high-level positions within
        the Executive Branch to provide federally recognized Indian
        tribes with maximum participation in policy formation and
        program development, and the viability of a mechanism to ensure
        the continuation of critical programs for federally recognized
        Indian tribes;
            (7) an examination of the appropriate role of State and
        local governments involvement in actions that permit government
        and public input and the degree to which the Federal Government
        can adequately balance those interests without conflicting with
        its trust responsibilities towards federally recognized Indian
        tribes; and
            (8) the recommendations modifying existing laws,
        procedures, regulations, policies, and practices as will, in
        the judgment of the Commission, best serve to carry out the
        policy and declarations of the purposes of the Commission.
    (b) Hearings.--
            (1) In general.--The Commission shall hold hearings, meet,
        act, take testimony, and receive evidence as the Commission
        considers to be advisable to carry out the duties of the
        Commission under this Act.
            (2) Public requirement.--The hearings of the Commission
        shall be open to the public and held in geographically diverse
        locations.
            (3) Preference.--When considering hearing witnesses, the
        Commission shall exercise a preference to invite elected
        officials from a federally recognized Indian tribe before
        seeking participation from any tribal organization.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Commission Rules.--The Commission may make rules respecting its
organization and procedures, as it deems necessary, except that no
recommendations shall be reported from the Commission unless a majority
of the Commission assents.
    (b) Information From Federal, Tribal, State, and Local Agencies.--
            (1) In general.--The Commission may secure directly from a
        Federal agency such information as the Commission considers to
        be necessary to carry out this Act.
            (2) Tribal, state, and local agencies.--The Commission may
        request the head of any agency of a federally recognized Indian
        tribe, State, or unit of local government to provide the
        Commission with such information as the Commission considers
        necessary to carry out this Act.

SEC. 7. COMMISSION PERSONNEL.

    (a) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter 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
Commission.
    (b) Staff.--
            (1) In general.--The Chairperson of the Commission, in
        consultation with the Vice Chairman of the Commission, may--
                    (A) 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 Commission to perform its
                duties; and
                    (B) 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.
            (2) Executive director subject to confirmation.--The
        employment of an executive director shall be subject to
        confirmation by the Commission by a majority of Commission
        members voting.
    (c) Detail of Government Employees.--At the request of the
Commission, and in the discretion of the relevant agency, any Federal
Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or loss of
civil service status or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that 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. 8. REPORT OF THE COMMISSION.

    (a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commission shall submit to the President and Congress
a report that contains--
            (1) a detailed statement of findings and conclusions of the
        Commission; and
            (2) the recommendations of the Commission for such
        legislative and administrative actions as the Commission
        considers appropriate.
    (b) Extension.--The President may grant an extension to allow the
report required under subsection (a) to be submitted not later than 3
years after the date of the enactment of this Act.
    (c) Online Access.--The Commission shall make the report required
by paragraph (1) publically available on the website of the Department
of the Interior.

SEC. 9. NONAPPPLICABILITY OF THE FACA.

    The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not
apply to the Commission.

SEC. 10. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the Commission submits
its report under section 8.

Summary: American Indian Trust Responsibility Review Act of 2014 - Establishes the American Indian Trust Review Commission to: (1) conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes, and (2) report to Congress within two years of this Act's enactment. Requires the study to analyze: the attributes of that relationship. The policies, practices, structure, and effectiveness of the federal agencies that have trust responsibilities toward Indian tribes. The feasibility of authorizing willing Indian tribes to assume duties currently performed by the federal government. The data necessary for the Commission to get a better understanding of tribal needs. The feasibility of creating high-level federal positions to increase tribal participation in policy formation and program development. The viability of a mechanism to ensure the continuation of critical programs for Indian tribes. The appropriate role of state and local governments in federal activities affecting Indian tribes. And modifications to laws, procedures, regulations, policies, and practices that might further the federal government's trust relationship with Indian tribes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home-Based Business Fairness Act of
1997''.

SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED
              INDIVIDUALS INCREASED.

    (a) In General.--Section 162(l)(1) of the Internal Revenue Code of
1986 (relating to special rules for health insurance costs of self-
employed individuals) is amended to read as follows:
            ``(1) Allowance of deduction.--In the case of an individual
        who is an employee within the meaning of section 401(c)(1),
        there shall be allowed as a deduction under this section an
        amount equal to the amount paid during the taxable year for
        insurance which constitutes medical care for the taxpayer, the
        taxpayer's spouse, and dependents.''
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.

SEC. 3. CLARIFICATION OF DEFINITION OF PRINCIPAL PLACE OF BUSINESS.

    (a) In General.--Subsection (f) of section 280A of the Internal
Revenue Code of 1986 (relating to definitions and special rules) is
amended by redesignating paragraphs (2), (3), and (4) as paragraphs
(3), (4), and (5), respectively, and by inserting after paragraph (1)
the following new paragraph:
            ``(2) Principal place of business.--For purposes of
        subsection (c), a home office shall in any case qualify as the
        principal place of business if--
                    ``(A) the office is the location where the
                taxpayer's essential administrative or management
                activities are conducted on a regular and systematic
                (and not incidental) basis by the taxpayer, and
                    ``(B) the office is necessary because the taxpayer
                has no other location for the performance of the
                essential administrative or management activities of
                the business.''
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.

SEC. 4. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT
              EMPLOYEES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding after section 3510 the following new section:

``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE
              NOT EMPLOYEES.

    ``(a) Safe Harbor.--
            ``(1) In general.--For purposes of this title, if the
        requirements of subsections (b), (c), and (d), or the
        requirements of subsections (d) and (e), are met with respect
        to any service performed by any individual, then with respect
        to such service--
                    ``(A) the service provider shall not be treated as
                an employee,
                    ``(B) the service recipient shall not be treated as
                an employer,
                    ``(C) the payor shall not be treated as an
                employer, and
                    ``(D) compensation paid or received for such
                service shall not be treated as paid or received with
                respect to employment.
            ``(2) Availability of safe harbor not to limit application
        of other laws.--Nothing in this section shall be construed--
                    ``(A) as limiting the ability of a service
                provider, service recipient, or payor to apply other
                applicable provisions of this title, section 530 of the
                Revenue Act of 1978, or the common law in determining
                whether an individual is not an employee, or
                    ``(B) as a prerequisite for the application of any
                provision of law described in subparagraph (A).
    ``(b) Service Provider Requirements With Regard to the Service
Recipient.--For purposes of subsection (a), the requirements of this
subsection are met if the service provider, in connection with
performing the service--
            ``(1) has the ability to realize a profit or loss,
            ``(2) incurs unreimbursed expenses which are ordinary and
        necessary to the service provider's industry and which
        represent an amount at least equal to 2 percent of the service
        provider's adjusted gross income attributable to services
        performed pursuant to 1 or more contracts described in
        subsection (d), and
            ``(3) agrees to perform services for a particular amount of
        time or to complete a specific result or task.
    ``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if the service provider--
            ``(1) has a principal place of business,
            ``(2) does not primarily provide the service at a single
        service recipient's facilities,
            ``(3) pays a fair market rent for use of the service
        recipient's facilities, or
            ``(4) operates primarily with equipment not supplied by the
        service recipient.
    ``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the service provider are performed pursuant to a written
contract between such service provider and the service recipient, or
the payor, and such contract provides that the service provider will
not be treated as an employee with respect to such services for Federal
tax purposes.
    ``(e) Business Structure and Benefits Requirement.--For purposes of
subsection (a), the requirements of this subsection are met if the
service provider--
            ``(1) conducts business as a properly constituted
        corporation or limited liability company under applicable State
        laws, and
            ``(2) does not receive from the service recipient or payor
        benefits that are provided to employees of the service
        recipient.
    ``(f) Special Rules.--For purposes of this section--
            ``(1) Failure to meet reporting requirements.--If for any
        taxable year any service recipient or payor fails to meet the
        applicable reporting requirements of section 6041(a) or
        6041A(a) with respect to a service provider, then, unless the
        failure is due to reasonable cause and not willful neglect, the
        safe harbor provided by this section for determining whether
        individuals are not employees shall not apply to such service
        recipient or payor with respect to that service provider.
            ``(2) Burden of proof.--For purposes of subsection (a),
        if--
                    ``(A) a service provider, service recipient, or
                payor establishes a prima facie case that it was
                reasonable not to treat a service provider as an
                employee for purposes of this section, and
                    ``(B) the service provider, service recipient, or
                payor has fully cooperated with reasonable requests
                from the Secretary or his delegate,
        then the burden of proof with respect to such treatment shall
        be on the Secretary.
            ``(3) Related entities.--If the service provider is
        performing services through an entity owned in whole or in part
        by such service provider, the references to `service provider'
        in subsections (b) through (e) may include such entity,
        provided that the written contract referred to in subsection
        (d) is with such entity.
    ``(g) Determinations by the Secretary.--For purposes of this
title--
            ``(1) In general.--
                    ``(A) Determinations with respect to a service
                recipient or a payor.--A determination by the Secretary
                that a service recipient or a payor should have treated
                a service provider as an employee shall be effective no
                earlier than the notice date if--
                            ``(i) the service recipient or the payor
                        entered into a written contract satisfying the
                        requirements of subsection (d),
                            ``(ii) the service recipient or the payor
                        satisfied the applicable reporting requirements
                        of section 6041(a) or 6041A(a) for all taxable
                        years covered by the agreement described in
                        clause (i), and
                            ``(iii) the service recipient or the payor
                        demonstrates a reasonable basis for determining
                        that the service provider is not an employee
                        and that such determination was made in good
                        faith.
                    ``(B) Determinations with respect to a service
                provider.--A determination by the Secretary that a
                service provider should have been treated as an
                employee shall be effective no earlier than the notice
                date if--
                            ``(i) the service provider entered into a
                        contract satisfying the requirements of
                        subsection (d),
                            ``(ii) the service provider satisfied the
                        applicable reporting requirements of sections
                        6012(a) and 6017 for all taxable years covered
                        by the agreement described in clause (i), and
                            ``(iii) the service provider demonstrates a
                        reasonable basis for determining that the
                        service provider is not an employee and that
                        such determination was made in good faith.
                    ``(C) Reasonable cause exception.--The requirements
                of subparagraph (A)(ii) or (B)(ii) shall be treated as
                being met if the failure to satisfy the applicable
                reporting requirements is due to reasonable cause and
                not willful neglect.
            ``(2) Construction.--Nothing in this subsection shall be
        construed as limiting any provision of law that provides an
        opportunity for administrative or judicial review of a
        determination by the Secretary.
            ``(3) Notice date.--For purposes of this subsection, the
        notice date is the 30th day after the earlier of--
                    ``(A) the date on which the first letter of
                proposed deficiency that allows the service provider,
                the service recipient, or the payor an opportunity for
                administrative review in the Internal Revenue Service
                Office of Appeals is sent, or
                    ``(B) the date on which the deficiency notice under
                section 6212 is sent.
    ``(h) Definitions.--For the purposes of this section--
            ``(1) Service provider.--The term `service provider' means
        any individual who performs a service for another person.
            ``(2) Service recipient.--Except as provided in paragraph
        (4), the term `service recipient' means the person for whom the
        service provider performs such service.
            ``(3) Payor.--Except as provided in paragraph (4), the term
        `payor' means the person who pays the service provider for the
        performance of such service in the event that the service
        recipient does not pay the service provider.
            ``(4) Exceptions.--The terms `service recipient' and
        `payor' do not include any entity in which the service provider
        owns in excess of 5 percent of--
                    ``(A) in the case of a corporation, the total
                combined voting power of stock in the corporation, or
                    ``(B) in the case of an entity other than a
                corporation, the profits or beneficial interests in the
                entity.
            ``(5) In connection with performing the service.--The term
        `in connection with performing the service' means in connection
        or related to the operation of the service provider's trade or
        business.
            ``(6) Principal place of business.--For purposes of
        subsection (c), a home office shall in any case qualify as the
        principal place of business if--
                    ``(A) the office is the location where the service
                provider's essential administrative or management
                activities are conducted on a regular and systematic
                (and not incidental) basis by the service provider, and
                    ``(B) the office is necessary because the service
                provider has no other location for the performance of
                the essential administrative or management activities
                of the business.
            ``(7) Fair market rent.--The term `fair market rent' means
        a periodic, fixed minimum rental fee which is based on the fair
        rental value of the facilities and is established pursuant to a
        written agreement with terms similar to those offered to
        unrelated persons for facilities of similar type and quality.''
    (b) Clarification of Rules Regarding Evidence of Control.--For
purposes of determining whether an individual is an employee under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), compliance with
statutory or regulatory standards shall not be treated as evidence of
control.
    (c) Repeal of Section 530(d) of the Revenue Act of 1978.--Section
530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax
Reform Act of 1986) is repealed.
    (d) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:

                              ``Sec. 3511. Safe harbor for determining
                                        that certain individuals are
                                        not employees.''
    (e) Effective Dates.--
            (1) In general.--The amendments made by, and the provisions
        of, this section shall apply to services performed after the
        date of enactment of this Act.
            (2) Determinations by secretary.--Section 3511(g) of the
        Internal Revenue Code of 1986 (as added by subsection (a))
        shall apply to determinations after the date of enactment of
        this Act.
            (3) Section 530(d).--The amendment made by subsection (c)
        shall apply to periods ending after the date of enactment of
        this Act.

Summary: Home-Based Business Fairness Act of 1997 - Amends the Internal Revenue Code to increase the deduction allowed for the health insurance costs of a self-employed individual to allow as a deduction an amount equal to the amount paid by such individual for insurance which constitutes medical care for such individual, such individual's spouse, and dependents. Adds to provisions defining the disallowance of certain expenses in connection the business use of the home to provide that a home office shall in any case qualify as the principal place of business if the office is: (1) in the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic basis. And (2) necessary because the taxpayer has no other location for the performance of the essential management or administrative activities of the business. Considers a service provider as not being an employee if the provider: (1) can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement. (2) has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient. And (3) if there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers a provider as not an employee if: (1) there is such a written contract. And (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.