SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civic Participation and
Rehabilitation Act of 1999''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The right to vote is the most basic constitutive act of
        citizenship and regaining the right to vote reintegrates
        offenders into free society. The right to vote may not be
        abridged or denied by the United States or by any State on
        account of race, color, gender or previous condition of
        servitude. Basic constitutional principles of fairness and
        equal protection require an equal opportunity for Americans to
        vote in Federal elections. Congress has ultimate supervisory
        power over Federal elections, an authority which has repeatedly
        been upheld by the Supreme Court.
            (2) Congress finds three areas where discrepancies in State
        laws regarding felony convictions lead to unfairness in Federal
        elections: (A) there is no uniform standard for voting in
        Federal elections which leads to an unfair disparity and
        unequal participation in Federal elections based solely on
        where a person lives; (B) laws governing the restoration of
        voting rights after a felony conviction are unequal throughout
        the country and persons in some States can easily regain their
        voting rights while in other States persons effectively lose
        their right to vote permanently; and (C) State
        disenfranchisement laws disproportionately impact ethnic
        minorities.
            (3) Although State law determines the qualifications for
        voting, Congress must ensure that those laws are in accordance
        with the Constitution. Current laws vary throughout the country
        resulting in discrepancies regarding which citizens may vote in
        Federal elections.
            (4) An estimated 3,900,000 Americans, or one in fifty
        adults, currently cannot vote as a result of a felony
        conviction. Women represent about a half million of this total.
        Disenfranchisement results from varying State laws that
        restrict voting while under some form of criminal justice
        supervision or after the completion of a felony sentence in
        some States. Four States do not disenfranchise felons at all
        (Maine, Massachusetts, New Hampshire, and Vermont). Forty-six
        States and the District of Columbia have disenfranchisement
        laws that deprive convicted offenders of the right to vote
        while they are in prison. In thirty-two States, convicted
        offenders may not vote while they are on parole and in twenty-
        nine States probationers may not vote. Fourteen States
        disenfranchise ex-offenders who have fully served their
        sentences, regardless of the nature or seriousness of the
        offense. Three-fourths (73%) of the 3,900,000 disqualified
        voters are not in prison, but are on probation, parole or are
        ex-offenders.
            (5) In those States that disenfranchise ex-offenders, the
        right to vote can be regained in theory, but in practice this
        possibility is often illusory. In eight States, a pardon or
        order from the Governor is required. In two States, ex-
        offenders must obtain action by the parole or pardon board.
        Offenders convicted of a Federal offense often have additional
        barriers to regaining voting rights. In at least 16 States,
        Federal offenders cannot use the State procedure for restoring
        their civil rights. The only method provided by Federal law for
        restoring voting rights to ex-offenders is a Presidential
        pardon. Few persons who seek to have their right to vote
        restored have the financial and political resources needed to
        succeed.
            (6) Thirteen percent of the African American adult male
        population, or 1,400,000 African American men, are
        disenfranchised. Given current rates of incarceration, three in
        ten of the next generation of black men will be disenfranchised
        at some point during their lifetime. Hispanic citizens are also
        disproportionately disenfranchised since they are
        disproportionately represented in the criminal justice system.
            (7) These discrepancies should be addressed by Congress.
        Basic concepts of fundamental fairness and equal protection
        require an equal opportunity for Americans to vote in Federal
        elections. This Act will restore fairness in the Federal
        election process and promote reintegration of former offenders
        into a life as law abiding citizens of the United States.

SEC. 3. RIGHTS OF CITIZENS.

    The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.

SEC. 4. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this Act.
    (b) Private Right of Action.--
            (1) A person who is aggrieved by a violation of this Act
        may provide written notice of the violation to the chief
        election official of the State involved.
            (2) Except as provided in paragraph (3), if the violation
        is not corrected within 90 days after receipt of a notice under
        paragraph (1), or within 20 days after receipt of the notice if
        the violation occurred within 120 days before the date of an
        election for Federal office, the aggrieved person may, in a
        civil action obtain declaratory or injunctive relief with
        respect to the violation.
            (3) If the violation occurred within 30 days before the
        date of an election for Federal office, the aggrieved person
        need not provide notice to the chief election official of the
        State under paragraph (1) before bringing a civil action to
        obtain declaratory or injunctive relief with respect to the
        violation.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``correctional institution or facility'' means
        any prison, penitentiary, jail, or other institution or
        facility for the confinement of individuals convicted of
        criminal offenses, whether publicly or privately operated,
        except that such term does not include any residential
        community treatment center (or similar public or private
        facility);
            (2) the term ``election'' means--
                    (A) a general, special, primary, or runoff
                election;
                    (B) a convention or caucus of a political party
                held to nominate a candidate;
                    (C) a primary election held for the selection of
                delegates to a national nominating convention of a
                political party; or
                    (D) a primary election held for the expression of a
                preference for the nomination of persons for election
                to the office of President; and
            (3) the term ``Federal office'' means the office of
        President or Vice President of the United States, or of Senator
        or Representative in, or Delegate or Resident Commissioner to,
        the Congress of the United States.

SEC. 6. RELATION TO OTHER LAWS.

    (a) Nothing in this Act shall be construed to prohibit the States
enacting any State law which affords the right to vote in any election
for Federal office on terms less restrictive than those established by
this Act.
    (b) The rights and remedies established by this Act are in addition
to all other rights and remedies provided by law, and neither rights
and remedies established by this Act shall supersede, restrict, or
limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).

Summary: Civic Participation and Rehabilitation Act of 1999 - Declares that the right of a US citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense, unless the individual is serving a felony sentence in a correctional institution or facility at the time of the election. Authorizes the Attorney General, in a civil action, to obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. Creates a private right of action, subject to specified requirements.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fraud Enforcement and
Prevention Act of 2010''.

SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID
              FRAUD.

    (a) In General.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended--
            (1) in subsection (a), by striking ``$10,000 or imprisoned
        for not more than one year'' and inserting ``$20,000 or
        imprisoned for not more than two years''; and
            (2) in each of subsections (a), (b)(1), (b)(2), (c), and
        (d), by striking ``$25,000 or imprisoned for not more than five
        years'' and inserting ``$50,000 or imprisoned for not more than
        10 years''.
    (b) Illegal Distribution of Medicare or Medicaid Beneficiary
Identification or Billing Privileges.--Section 1128B of such Act (42
U.S.C. 1320a-7b) is amended by adding at the end the following new
subsection:
    ``(g) Whoever knowingly, intentionally, and with the intent to
defraud purchases, sells, or distributes, or arranges for the purchase,
sale, or distribution of two or more Medicare or Medicaid beneficiary
identification numbers or billing privileges under title XVIII or title
XIX shall be imprisoned for not more than three years or fined under
title 18, United States Code (or, if greater, an amount equal to the
monetary loss to the Federal and any State government as a result of
such acts), or both.''.
    (c) Effective Date.--The amendments made by this section shall
apply to acts committed on or after the date of the enactment of this
Act.

SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID
              FRAUD.

    (a) Civil Monetary Penalties Law Alignment and Other Changes.--
            (1) Section 1128A(a) of the Social Security Act (42 U.S.C.
        1320a-7a(a)) is amended--
                    (A) in paragraph (1), by striking ``to an officer,
                employee, or agent of the United States, or of any
                department or agency thereof, or of any State agency
                (as defined in subsection (i)(1)),'';
                    (B) by inserting after paragraph (10), as added by
                section 6402(d)(2) of the Patient Protection and
                Affordable Care Act (Public Law 111-148) the following
                new paragraphs:
            ``(11) conspires to commit a violation of this section; or
            ``(12) knowingly makes, uses, or causes to be made or used,
        a false record or statement material to an obligation to pay or
        transmit money or property to a Federal health care program, or
        knowingly conceals or knowingly and improperly avoids or
        decreases an obligation to pay or transmit money or property to
        a Federal health care program;'';
                    (C) in the first sentence--
                            (i) by striking ``or in cases under
                        paragraph (9)'' and inserting ``in cases under
                        paragraph (9)''; and
                            (ii) by striking ``fact)'' and inserting
                        ``fact), in cases under paragraph (11), $50,000
                        for any violation described in this section
                        committed in furtherance of the conspiracy
                        involved, and in cases under paragraph (12),
                        $50,000 for each false record or statement, or
                        concealment, avoidance, or decrease''; and
                    (D) in the second sentence, by striking ``material
                fact).'' and inserting ``material fact); or in cases
                under paragraph (11), an assessment of not more than 3
                times the total amount that would otherwise apply for
                any violation described in this section committed in
                furtherance of the conspiracy involved; or in cases
                under paragraph (12), an assessment of not more than 3
                times the total amount of the obligation to which the
                false record or statement was material or that was
                avoided or decreased.''.
            (2) Section 1128A(c)(1) of the Social Security Act (42
        U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and
        inserting ``10 years''.
            (3) Section 1128A(i) of the Social Security Act (42 U.S.C.
        1320a-7a(i)) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) The term `claim' means any application, request, or
        demand, whether under contract, or otherwise, for money or
        property for items and services under a Federal health care
        program (as defined in section 1128B(f)), whether or not the
        United States or a State agency has title to the money or
        property, that--
                    ``(A) is presented or caused to be presented to an
                officer, employee, or agent of the United States, or of
                any department or agency thereof, or of any State
                agency (as defined in subsection (i)(1)); or
                    ``(B) is made to a contractor, grantee, or other
                recipient if the money or property is to be spent or
                used on the Federal health care program's behalf or to
                advance a Federal health care program interest, and if
                the Federal health care program--
                            ``(i) provides or has provided any portion
                        of the money or property requested or demanded;
                        or
                            ``(ii) will reimburse such contractor,
                        grantee, or other recipient for any portion of
                        the money or property which is requested or
                        demanded.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) The term `item or service' means, without limitation,
        any medical, social, management, administrative, or other item
        or service used in connection with or directly or indirectly
        related to a Federal health care program.'';
                    (C) in paragraph (7)--
                            (i) by striking ``term `should know'
                        means'' and inserting ``terms `knowing',
                        `knowingly', and `should know' mean'';
                            (ii) by redesignating subparagraphs (A) and
                        (B) as subparagraphs (B) and (C), respectively;
                            (iii) by inserting before subparagraph (B),
                        as redesignated by clause (ii), the following
                        new subparagraph:
                    ``(A) has actual knowledge of the information;'';
                and
                            (iv) in the matter following subparagraph
                        (C), as redesignated by clause (ii)--
                                    (I) by inserting ``require'' after
                                ``and''; and
                                    (II) by striking ``is required'';
                                and
                    (D) by adding at the end the following new
                paragraphs:
            ``(8) The term `obligation' means an established duty,
        whether or not fixed, arising from an express or implied
        contractual, grantor-grantee, or licensor licensee
        relationship, from a fee-based or similar relationship, from
        statute or regulation, or from the retention of any
        overpayment.
            ``(9) The term `material' means having a natural tendency
        to influence, or be capable of influencing, the payment or
        receipt of money or property.''.
    (b) Exclusion of Responsible Corporate Officials.--Section 1128(b)
of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by
striking clauses (i) and (ii) of paragraph (15)(A) and inserting the
following:
                            ``(i) who has or had a direct or indirect
                        ownership or control interest in a sanctioned
                        entity at the time of and who knew or should
                        have known (as defined in section 1128(i)(7))
                        of any of the conduct that formed a basis for
                        the conviction or exclusion described in
                        subparagraph (B); or
                            ``(ii) who is or was an officer or managing
                        employee (as defined in section 1126(b)) of
                        such an entity at the time of any of the
                        conduct that formed a basis for the conviction
                        or exclusion so described.''.
    (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the
Social Security Act (42 U.S.C. 42 U.S.C. 1395y), as added by section
6402(h) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended by striking ``may'' and inserting ``shall''.
    (d) Civil Monetary Penalties for False Statements or Delaying
Inspections.--Paragraph (9) of section 1128A(a) of the Social Security
Act (42 U.S.C. 1320a-7a(a)), as added by section 6408(a) of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
inserting ``or to timely provide information in response to a request
authorized by section 1128J(b),'' after ``regulations),''.

SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC
              TECHNOLOGY PILOT PROGRAM.

    (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395cc(j)), as inserted by section 6401(a)(3)
of the Patient Protection and Affordable Care Act (Public Law 111-148),
is amended by striking ``may'' and inserting ``shall''.
    (b) Access to Real Time Claims and Payment Data.--
Section1128J(a)(2) of the Social Security Act, as added by section
6402(a) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended--
            (1) by inserting ``including real time claims and payment
        data,'' after ``access to claims and payment data''; and
            (2) by adding at the end the following sentence: ``In
        carrying out this section, the Inspector General of the
        Department of Health and Human Services, in consultation with
        the Attorney General, shall implement mechanisms for the
        sharing of information about suspected fraud relating to the
        Federal health care programs under titles XVIII, XIX, and XXI
        with other appropriate law enforcement officials.''.
    (c) Biometric Technology Pilot Program.--
            (1) In general.--By not later than one year after the date
        of the enactment of this Act, the Secretary of Health and Human
        Services shall carry out a 5-year pilot program that implements
        biometric technology to ensure that individuals entitled to
        benefits under part A of title XVIII of the Social Security Act
        or enrolled under part B of such title are physically present
        at the time and place of receipt of certain items and services
        (specified by the Secretary) for which payment may be made
        under such title. Under such pilot program the Secretary may
        provide for financial incentives to encourage voluntary
        participation of providers of services (as defined in section
        1861(u) of such Act) and suppliers (as defined in section
        1861(d) of such Act).
            (2) Reports.--The Secretary of Health and Human Services
        shall, for each of the third, fourth, and fifth years of the
        pilot program under paragraph (1), submit to Congress a report
        on the effectiveness of the pilot program in reducing the
        occurrence of waste, fraud, and abuse in the Medicare program
        under title XVIII of the Social Security Act.
            (3) Authorization of appropriations.--For purpose of
        carrying out paragraph (1), there is authorized to be
        appropriated such sums as may be necessary.

SEC. 5. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall
conduct a study on Medicare administrative contractors under section
1874A of the Social Security Act, including Recovery Audit Contractors,
regarding the following areas:
            (1) Training and expertise in identifying fraud, including
        the education levels of the key individuals tasked to identify
        or refer potential cases of fraud, and whether the Centers for
        Medicare & Medicaid Services should be providing more training
        to contractors, or require contractors to hire experts with
        greater medical training.
            (2) Acquisition and implementation of data mining software
        among Medicare administrative contractors, if applicable, and
        the ability or availability of such software to provide real-
        time data mining capabilities.
    (b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete the study under this section and submit a report to
Congress regarding the findings of the study and recommendations for
legislation and administrative action.

Summary: Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims. And (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.

To provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system and biometric technology pilot program, and a GAO study on Medicare administrative contractors.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Justice Act of 1999''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to identify those areas which are subject to the
        highest levels of toxic chemicals, through all media;
            (2) to require the collection of data on environmental
        health effects so that impacts on different individuals or
        groups can be understood;
            (3) to assess the health effects that may be caused by
        emissions in those areas of highest impact;
            (4) to ensure that groups or individuals residing within
        those areas of highest impact have the opportunity to
        participate in developing solutions to environmental and health
        problems confronting their community;
            (5) to promote technologies and practices that reduce or
        eliminate pollution; and
            (6) to promote the development and maintenance of parks and
        green open spaces in polluted communities.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the United States Environmental Protection
        Agency.
            (2) Environmental high impact area.--The terms
        ``Environmental High Impact Area'' and ``EHIA'' mean the 20
        counties or other geographic units that are designated pursuant
        to section 101.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Department of Health and Human Services.
            (4) Toxic chemicals.--The term ``toxic chemicals'' includes
        all substances as defined in section 101(14) of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980; any hazardous waste listed or identified
        pursuant to the Solid Waste Disposal Act; any pollutant for
        which air quality standards have been issued pursuant to the
        Clean Air Act; any pollutant for which water quality standards
        have been issued pursuant to the Clean Water Act; any pollutant
        for which a national primary drinking water regulation has been
        issued pursuant to the Safe Drinking Water Act; all materials
        registered pursuant to the Federal Insecticide, Fungicide, and
        Rodenticide Act; and all substances and chemicals subject to
        reporting obligations pursuant to the Emergency Planning and
        Community Right-to-Know Act. The Adminis-

        trator may add other substances as deemed appropriate.
            (5) Toxic chemical facilities.--The term ``toxic chemical
        facilities'' includes all facilities including Federal
        facilities subject to a permit, inspection or review, or
        registration requirement pursuant to the authority of the Solid
        Waste Disposal Act; the Clean Air Act; the Clean Water Act; the
        Federal Insecticide, Fungicide and Rodenticide Act; and the
        OSHA Hazard Communication Standard; as well as any facility
        subject to reporting obligations pursuant to the Emergency
        Planning and Community Right-to-Know Act. The Administrator
        shall have the authority to examine the level of toxic
        chemicals released into the environment by facilities not
        currently subject to Federal review, inspection, or reporting
        requirements if (A) a facility is believed to produce a high
        level of environmental pollution, and (B) the Administrator is
        petitioned by individuals or groups within such EHIA to conduct
        the review.

       TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS

SEC. 101. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.

    (a) Publication of Method.--Within 12 months after the enactment of
this Act, the Administrator shall publish for public comment the method
for selecting the EHIAs.
    (b) Determination of Impacted Areas.--Within 18 months after the
date of enactment of this Act, the Administrator shall publish a list
of 20 Environmental High Impact Areas that are either counties or other
appropriate geographic units in which high levels of chemicals are
present and in which the population is exposed to such chemicals. The
Administrator shall also take into consideration any geographical areas
suggested for review by the Agency for Toxic Substances and Disease
Registry, the National Center for Environmental Health, the National
Center for Health Statistics, other appropriate Federal agencies, and
State and local health authorities.
    (c) Revision and Republication.--The Administrator shall revise and
republish the list described in subsection (a) of this section not less
than every 5 years, using data compiled for that 5-year period.
    (d) Compilation of List.--In selecting a methodology and compiling
or revising the list of EHIAs, the Administrator shall--
            (1) use the most recent data available;
            (2) take into account the relative toxicity of the toxic
        chemicals;
            (3) determine, with the best available data, the actual and
        potential exposures, and toxicity of the toxic chemicals
        present in each impacted area;
            (4) consider and utilize all appropriate data compiled
        pursuant to any environmental regulatory authority and other
        sources, including but not limited to available data on lead-
        based paint and the existence of pollutants from mobile
        sources;
            (5) distinguish between toxic chemicals which are (A) in a
        contained, controlled environment such as barrels, factories,
        warehouses, or lined landfills; and (B) released into the air,
        water, soil or groundwater of the area; and
            (6) take into account the impact of pollution in high
        population density areas.

                   TITLE II--ENFORCEMENT INITIATIVES

SEC. 201. MANDATORY INSPECTION.

    To assure that facilities with the highest potential for release of
toxic chemicals into the environment are operating in compliance with
all applicable environmental, health and safety standards, the
Administrator, and the Assistant Secretary of the Occupational Safety
and Health Administration shall conduct compliance inspections or
reviews of all toxic chemical facilities in Environmental High Impact
Areas subject to their respective jurisdictions within 1 year after the
publication of each list of EHIAs under title I.

                   TITLE III--COMMUNITY PARTICIPATION

SEC. 301. TECHNICAL ASSISTANCE GRANTS.

    The Administrator shall make a technical assistance grant available
to any individual or group of individuals in an EHIA. Such grants shall
be used to seek guidance from independent experts for the purpose of
improving understanding of environmental and health concerns related to
designation as an EHIA. Not more than one grant may be made with
respect to each EHIA, but the grant may be renewed to facilitate public
participation where necessary.

       TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS

SEC. 401. SECRETARIAL STUDY.

    Within 2 years after the publication of each list of EHIAs under
title I, the Secretary shall issue for public comment a report
identifying the methodology used and nature and extent, if any, of
acute and chronic impacts on human health in EHIAs as compared to non-
EHIAs, including impacts on subgroups within EHIAs. Such impacts shall
include but not be limited to cancer, birth deformities, infant
mortality rates, and respiratory diseases. The report shall be
coordinated by the Administrator of the Agency for Toxic Substances and
Disease Registry and shall involve the community being assessed. The
ATSDR shall work closely with the Directors of the National Institute
for Environmental Health Sciences, the National Center for Health
Statistics, and other appropriate Federal agencies to coordinate the
report, relying on the expertise of leading health and environmental
scientists. The health assessment shall seek to--
            (1) isolate the impacts of environmental pollution;
            (2) segregate the effects of other factors such as health
        care availability or substance abuse or diet;
            (3) evaluate the levels below which release of toxic
        chemicals, either individually or cumulatively, must be reduced
        to avoid adverse impacts on human health; and
            (4) determine the impacts of uncontrolled releases.
In conducting health assessments, the Administrator of the Agency for
Toxic Substances and Disease Registry and other Federal agencies shall
consider: the differential sensitivities to exposures for vulnerable
groups; the effects of low levels of a toxin over a period of time;
cumulative and synergistic effects of multiple toxins; and
methodological issues for studying exposures and diseases among small
numbers of people, including units of measurement and analyses
sensitive to disease clusters; and demographic information relevant for
a determination of environmental justice concerns. As a result of the
report in communities where the Administrator of the Agency for Toxic
Substances Disease Registry has determined that adverse health impacts
exist, the agency shall also make this information readily available to
members of the community by providing information directly to the
affected communities and tribal governments in the Environmental High
Impact Areas.

SEC. 402. MORATORIUM.

    If the report under section 401 finds significant adverse impacts
of environmental pollution on human health in EHIAs, there shall be a
moratorium on the siting or permitting of any new toxic chemical
facility in any EHIA shown to emit toxic chemicals in quantities found
to cause significant adverse impacts on human health. A new toxic
chemical facility may be cited or permitted in such an EHIA during this
period only if the Secretary and Administrator agree that--
            (1) there will be no significant adverse impacts to human
        health;
            (2) the owner or operator of the facility demonstrates that
        the facility has developed a plan to maintain a comprehensive
        pollution prevention program; and
            (3) the facility demonstrates that it will minimize
        uncontrolled releases into the environment.
The moratorium shall continue in effect in such an EHIA until the
Administrator determines, upon petition of any interested party, that
the health-based levels identified pursuant to section 401(5) have been
attained at the EHIA.

                        TITLE V--HEALTH REMEDIES

SEC. 501. HEALTH SCREENING AND TREATMENT GRANTS.

    Within 1 year after the Secretary's biennial health assessment is
released, in EHIAs shown to have adverse health outcomes related to
environmental exposures, the Secretary shall establish a grant program
to make available to public and nonprofit private entities awards for
the purposes of providing community-wide medical screening and
diagnostic services for environmentally related illnesses. Treatment
services shall be provided for community residents with environmentally
related illnesses if they lack private or public health insurance, and
shall continue as long as medically necessary. Following community
screening, the Secretary shall initiate a review of medical services
within EHIAs to determine if the area or population would qualify as
``medically underserved'' or a ``health professional shortage area''.

                     TITLE VI--POLLUTION REDUCTION

SEC. 601. POLLUTION REDUCTION AND PREVENTION GRANTS.

    In EHIAs where the Secretary has determined that adverse health
outcomes are related to environmental exposures, the Administrator
shall immediately take efforts to reduce pollution in the area. The
Administrator shall first make available to States with EHIAs pollution
reduction/prevention grants which will involve community
representatives, public health experts, local business, and government
officials located within the EHIA in developing effective pollution
reduction strategies. If within 1 year, the Administrator determines
that significant steps have not been made to reduce pollution and risk
to human health, the Administrator may take regulatory steps to reduce
pollution in the area.

                  TITLE VII--PROMOTION OF GREEN SPACE

SEC. 701. DEVELOPMENT OF PARKS OR RECREATIONAL AREAS.

    Within 1 year after the Secretary's biennial health assessment is
released, the Secretary of the Interior shall establish a grant program
to make available to local public or nonprofit private entities within
EHIAs awards for the development of parks and recreational spaces, and
provide guidance for promoting environmentally sound use of the land.

                          TITLE VIII--FUNDING

SEC. 801. FUNDING.

    There are authorized to be appropriated to carry out this Act such
sums as may be necessary.

Summary: TABLE OF CONTENTS: Title I: Identification of Environmental High Impact Areas Title II: Enforcement Initiatives Title III: Community Participation Title IV: Identification and Prevention of Health Impacts Title V: Health Remedies Title VI: Pollution Reduction Title VII: Promotion of Green Space Title VIII: Funding Environmental Justice Act of 1999 - Title I: Identification of Environmental High Impact Areas - Requires the Administrator of the Environmental Protection Agency to publish a list of 20 Environmental High Impact Areas (EHIAs) that are either counties or other geographic units in which high levels of chemicals are present and in which the population is exposed to such chemicals. Provides for revision and republication of such list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in EHIAs within one year after the publication of each EHIA list under title I. Title III: Community Participation - Requires the Administrator to make technical assistance grants for individuals in EHIAs for purposes of seeking guidance from experts to improve understanding of environmental and health concerns related to designation as an EHIA. Title IV: Identification and Prevention of Health Impacts - Directs the Secretary of Health and Human Services to issue for public comment a report identifying the methodology used and nature and extent of acute and chronic impacts on human health in EHIAs as compared to non-EHIAs. Provides for a moratorium on the siting or permitting of any new toxic chemical facility in an EHIA shown to emit toxic chemicals in quantities causing significant adverse health impacts if the report finds significant adverse impacts of environmental pollution on human health in EHIAs. Permits such siting or permitting during a moratorium period only if the Secretary and Administrator agree that: (1) there will be no significant adverse health impacts. (2) the facility owner or operator demonstrates that the facility has a plan to maintain a comprehensive pollution prevention program. And (3) the facility demonstrates that it will minimize uncontrolled releases into the environment. Title V: Health Remedies - Requires the Secretary to establish a grant program to make available to public and nonprofit private entities awards for providing community-wide medical screening and diagnostic services for environmentally related illnesses in EHIAs shown to have adverse health outcomes related to environmental exposures. Title VI: Pollution Reduction - Directs the Administrator, in EHIAs where the Secretary has determined that adverse health outcomes are related to environmental exposures, to take efforts immediately to reduce pollution. Requires the Administrator to make available pollution reduction and prevention grants to States with EHIAs for developing pollution reduction strategies. Authorizes the Administrator to take regulatory steps to reduce pollution if significant steps have not been made to reduce pollution and risk to human health in such areas. Title VII: Promotion of Green Space - Directs the Secretary of the Interior to establish a grant program to make available to local public or nonprofit private entities within EHIAs awards for the development of parks and recreational spaces and to provide guidance for promoting environmentally sound use of land. Title VIII: Funding - Authorizes appropriations.

Environmental Justice Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``MediFair Act of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Regional inequities in medicare reimbursement has
        created barriers to care for seniors and the disabled.
            (2) The regional inequities in medicare reimbursement
        penalize States that have cost-effective health care delivery
        systems and rewards those States with high utilization rates
        and that provide inefficient care.
            (3) Over a lifetime, those inequities can mean as much as a
        $50,000 difference in the cost of care provided per
        beneficiary.
            (4) Regional inequities have resulted in creating very
        different medicare programs for seniors and the disabled based
        on where they live.
            (5) Because the Medicare+Choice rate is based on the fee-
        for-service reimbursement rate, regional inequities have
        allowed some medicare beneficiaries access to plans with
        significantly more benefits including prescription drugs.
        Beneficiaries in States with lower reimbursement rates have not
        benefited to the same degree as beneficiaries in other parts of
        the country.
            (6) Regional inequities in medicare reimbursement have
        created an unfair competitive advantage for hospitals and other
        health care providers in States that receive above average
        payments. Higher payments mean that those providers can pay
        higher salaries in a tight, competitive market.
            (7) Regional inequities in medicare reimbursement can limit
        timely access to new technology for beneficiaries in States
        with lower reimbursement rates.
            (8) Regional inequities in medicare reimbursement, if left
        unchecked, will reduce access to medicare services and impact
        healthy outcomes for beneficiaries.
            (9) Regional inequities in medicare reimbursement are not
        just a rural versus urban problem. Many States with large urban
        centers are at the bottom of the national average for per
        beneficiary costs.

SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE
              FEE-FOR-SERVICE PROGRAM.

    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:

``improving payment equity under the original medicare fee-for-service
                                program

    ``Sec. 1897. (a) Establishment of System.--Notwithstanding any
other provision of law, the Secretary shall establish a system for
making adjustments to the amount of payment made to entities and
individuals for items and services provided under the original medicare
fee-for-service program under parts A and B.
    ``(b) System Requirements.--
            ``(1) Increase for states below the national average.--
        Under the system established under subsection (a), if a State
        average per beneficiary amount for a year is less than the
        national average per beneficiary amount for such year, then the
        Secretary (beginning in 2003) shall increase the amount of
        applicable payments in such a manner as will result (as
        estimated by the Secretary) in the State average per
        beneficiary amount for the subsequent year being equal to the
        national average per beneficiary amount for such subsequent
        year.
            ``(2) Reduction for certain states above the national
        average to enhance quality care and maintain budget
        neutrality.--
                    ``(A) In general.--The Secretary shall ensure that
                the increase in payments under paragraph (1) does not
                cause the estimated amount of expenditures under this
                title for a year to increase or decrease from the
                estimated amount of expenditures under this title
that would have been made in such year if this section had not been
enacted by reducing the amount of applicable payments in each State
that the Secretary determines has--
                            ``(i) a State average per beneficiary
                        amount for a year that is greater than the
                        national average per beneficiary amount for
                        such year; and
                            ``(ii) healthy outcome measurements or
                        quality care measurements that indicate that a
                        reduction in applicable payments would
                        encourage more efficient use of, and reduce
                        overuse of, items and services for which
                        payment is made under this title.
                    ``(B) Limitation.--The Secretary shall not reduce
                applicable payments under subparagraph (A) to a State
                that--
                            ``(i) has a State average per beneficiary
                        amount for a year that is greater than the
                        national average per beneficiary amount for
                        such year; and
                            ``(ii) has healthy outcome measurements or
                        quality care measurements that indicate that
                        the applicable payments are being used to
                        improve the access of beneficiaries to quality
                        care.
            ``(3) Determination of averages.--
                    ``(A) State average per beneficiary amount.--Each
                year (beginning in 2002), the Secretary shall determine
                a State average per beneficiary amount for each State
                which shall be equal to the Secretary's estimate of the
                average amount of expenditures under the original
                medicare fee-for-service program under parts A and B
                for the year for a beneficiary enrolled under such
                parts that resides in the State.
                    ``(B) National average per beneficiary amount.--
                Each year (beginning in 2002), the Secretary shall
                determine the national average per beneficiary amount
                which shall be equal to the average of the State
                average per beneficiary amount determined under
                subparagraph (A) for the year.
            ``(4) Definitions.--In this section:
                    ``(A) Applicable payments.--The term `applicable
                payments' means payments made to entities and
                individuals for items and services provided under the
                original medicare fee-for-service program under parts A
                and B to beneficiaries enrolled under such parts that
                reside in the State.
                    ``(B) State.--The term `State' has the meaning
                given such term in section 210(h).
    ``(c) Beneficiaries Held Harmless.--The provisions of this section
shall not affect--
            ``(1) the entitlement to items and services of a
        beneficiary under this title, including the scope of such items
        and services; or
            ``(2) any liability of the beneficiary with respect to such
        items and services.
    ``(d) Regulations.--
            ``(1) In general.--The Secretary, in consultation with the
        Medicare Payment Advisory Commission, shall promulgate
        regulations to carry out this section.
            ``(2) Protecting rural communities.--In promulgating the
        regulations pursuant to paragraph (1), the Secretary shall give
        special consideration to rural areas.''.

SEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE.

    (a) Recommendations.--The Medicare Payment Advisory Commission
established under section 1805 of the Social Security Act (42 U.S.C.
1395b-6) shall develop recommendations on policies and practices that,
if implemented, would encourage--
            (1) healthy outcomes and quality care under the medicare
        program in States with respect to which payments are reduced
        under section 1897(b)(2) of such Act (as added by section 3);
        and
            (2) the efficient use of payments made under the medicare
        program in such States.
    (b) Submission.--Not later than the date that is 9 months after the
date of enactment of this Act, the Commission shall submit to Congress
the recommendations developed under subsection (a).

Summary: MediFair Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment to entities and individuals for items and services provided under the original Medicare fee-for-service program under Medicare parts A and B for the stated purpose of improving payment equity under such program. Directs the Medicare Payment Advisory Commission to develop recommendations for Congress on policies and practices that, if implemented, would encourage: (1) healthy outcomes and quality care under the Medicare program in States with respect to which payments are reduced under the system under this Act. And (2) the efficient use of payments made under the Medicare program in such States.

To amend title XVIII of the Social Security Act to improve the provision of items and services provided to Medicare beneficiaries residing in rural areas.


SECTION 1. DISALLOWANCE OF DEDUCTION FOR CERTAIN OIL CLEANUP COSTS.

    (a) General Rule.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to certain items not
deductible) is amended by adding at the end thereof the following new
section:

``SEC. 280I. DISALLOWANCE OF CERTAIN OIL CLEANUP COSTS.

    ``(a) General Rule.--Except as otherwise provided in this section,
no deduction shall be allowed for any applicable discharge costs.
    ``(b) Exceptions.--
            ``(1) Small spills.--Subsection (a) shall not apply to any
        applicable discharge costs of any taxpayer which are
        attributable to any oil discharge involving less than 36,000
        gallons of oil. For purposes of the preceding sentence, all
        discharges at a facility during any 6-month period shall be
        aggregated and treated as one discharge.
            ``(2) Facility closed and cleanup completed.--Subsection
        (a) shall not apply to any applicable discharge costs of the
        taxpayer which are attributable to any oil discharge from any
        facility if--
                    ``(A) the Administrator of the Environmental
                Protection Agency certifies to the Secretary that all
                cleanup and other remediation actions required by
                reason of such discharge have been completed, and
                    ``(B) all operations (whether by the taxpayer or
                any other person) at such facility involving the
                transportation, storage, or processing of oil have been
                permanently terminated.
            ``(3) Taxpayer with complete liability defense.--
                    ``(A) In general.--Subsection (a) shall not apply
                to any applicable discharge costs of any taxpayer which
                are attributable to any oil discharge if such taxpayer
                has a complete liability defense with respect to such
                discharge.
                    ``(B) Complete liability defense.--For purposes of
                subparagraph (A), a taxpayer has a complete liability
                defense with respect to any oil discharge, if it is
                determined under section 1003 of the Oil Pollution Act
                of 1990 or section 311 of the Clean Water Act that such
                taxpayer has no liability under section 1002 of the Oil
                Pollution Act of 1990 or section 311 of the Clean Water
                Act.
    ``(c) Applicable Discharge Costs.--For purposes of this section,
the term `applicable discharge costs' means any of the following costs
incurred in connection with any oil discharge:
            ``(1) Any costs incurred in removing or attempting to
        remove the oil.
            ``(2) Any costs to prevent, minimize, or mitigate pollution
        or other damages resulting from such discharge.
            ``(3) Any costs attributable to liabilities for damages,
        fines, or penalties from such discharge.
            ``(4) Any costs incurred in determining the amount of the
        taxpayer's liability for any of the foregoing.
            ``(5) Any amount deductible on account of the loss of the
        material discharged or released.
    ``(d) Oil Discharge.--For purposes of this section, the term `oil
discharge' means any discharge (as defined in section 1001 of the Oil
Pollution Act of 1990 or section 311 of the Clean Water Act) of oil (as
defined in such sections).
    ``(e) Treatment of Certain Insurance Proceeds, Etc.--Gross income
shall include any compensation by insurance or otherwise received with
respect to costs for which a deduction is disallowed under subsection
(a).''
    (b) Prohibition Against Offset by Net Operating Loss Deduction.--
Section 172 of such Code is amended by redesignating subsection (i) as
subsection (j) and by inserting after subsection (h) the following new
subsection:
    ``(i) Limitation on Use To Offset Deductions Disallowed Under
Section 280I.--The deduction allowed under this section shall not
reduce taxable income for any taxable year to an amount less than the
amount disallowed under section 280I for such taxable year. Appropriate
adjustments in the application of subsection (b)(2) shall be made to
take into account the provisions of this subsection.''
    (c) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 of such Code is amended by adding at the end
thereof the following new item:

                              ``Sec. 280I. Disallowance of certain oil
                                        cleanup costs.''
    (d) Effective Date.--The amendments made by this section shall
apply in the case of any applicable discharge costs paid after the date
of the enactment of this Act.

SEC. 2. EXPENSE TREATMENT FOR EXPENDITURE TO REDUCE RISK OF OIL SPILLS.

    (a) General Rule.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end thereof
the following new section:

``SEC. 198. EXPENDITURES TO REDUCE RISKS OF OIL SPILLS.

    ``(a) Treatment as Expenses.--Any qualified oil facility
expenditures paid or incurred by the taxpayer during the taxable year
shall be treated as expenses which are not chargeable to capital
account. The expenditures so treated shall be allowed as a deduction
for such taxable year.
    ``(b) Qualified Oil Facility Expenditures.--For purposes of this
section--
            ``(1) In general.--The term `qualified oil facility
        expenditures' means expenditures which--
                    ``(A) are paid or incurred in connection with a
                trade or business of the taxpayer,
                    ``(B) are paid or incurred for purposes of reducing
                the risk of a discharge of oil from any facility
                operated by the taxpayer,
                    ``(C) the Administrator of the Environmental
                Protection Agency has certified to the Secretary as
                being necessary or appropriate for purposes of reducing
                the risk of such discharges; and
                    ``(D) the taxpayer elects to take into account
                under this section.
            ``(2) Definitions.--For purposes of this subsection, the
        term `discharge', has the meaning given such term by section
        1001 of the Oil Pollution Act of 1990 or section 311 of the
        Clean Water Act and the term `oil' has the meaning given such
        term by such sections.''
    (b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
thereof the following new item:

                              ``Sec. 198. Expenditures to reduce risks
                                        of oil spills.''
    (c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after the date of the enactment
of this Act.

Summary: Amends the Internal Revenue Code to disallow a tax deduction for oil cleanup costs, except: (1) spills involving less than 36,000 gallons of oil, (2) facility closures and cleanup completions. And (3) oil discharge costs where the taxpayer has a complete liability defense. Prohibits the net operating loss deduction from reducing taxable income to an amount less than the amount disallowed for oil cleanup costs. Treats qualified oil facility expenditures to reduce risks of oil spills as expenses which are not chargeable to capital account. Allows such expenditures as a deduction.

To amend the Internal Revenue Code of 1986 to deny any deduction for certain oil cleanup costs, and for other purposes.


SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The Jefferson National Expansion Memorial was conceived
        in the 1930s to preserve St. Louis's role as the ``Gateway to
        the West''. Land was acquired, competitions were held, the
        renowned Arch was completed on October 28, 1965, and the Arch
        itself was designated a National Historic Landmark on May 28,
        1987.
            (2) The original purpose of the Memorial, as described in
        President Roosevelt's 1935 Executive Order and later in the
        Jefferson National Expansion Memorial Act of 1954, was to
        commemorate the past, and especially, to keep alive the daring
        and spirit that moved pioneers to press westward before and
        after the consummation of the Louisiana Purchase and the
        historic role of the rivers and St. Louis in westward
        expansion.
            (3) To fully realize the true promise and significance of
        the Memorial and its Landmark, the Arch, the Memorial should
        connect with and be more accessible to the urban population and
        the river and commemorate the pioneering spirit of migration
        throughout the Nation by providing a visitor experience that
        includes educational, instructional, and research programs,
        facilities, and technology demonstrating--
                    (A) the broad diversity of migrants;
                    (B) the policies and conditions that produced
                migration;
                    (C) the impact of migration on the political,
                economic, social, and architectural development of the
                Nation; and
                    (D) a focus on African-American migration patterns
                from slavery to the underground railroad, and
                especially the migration of African-Americans from the
                south to northern industrial cities.
            (4) The project described in paragraph (3) should be
        completed by October 28, 2015, the 50th anniversary of the
        completion of the Arch, so that the area will be available to
        better engage the American public when the Centennial of the
        National Park Service is celebrated in 2016.
            (5) The Jefferson National Expansion Memorial Act of 1954,
        which authorized the construction of the Jefferson National
        Expansion Memorial and directed the Secretary to construct the
        Memorial in accordance with the Eero Saarinen's winning design
        for the development and construction of the Memorial,
        recognized the importance of highly visible cultural facilities
        and other attractions on the grounds of the Memorial to its
        central purpose of promoting the connection and significance of
        the historic St. Louis riverfront to the rest of the region,
        and in turn, the region to the Nation.
            (6) The Museum of Westward Expansion should be
        significantly improved before the Centennial of the National
        Park Service is celebrated in 2016.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) Memorial.--The term ``Memorial'' means the Jefferson
        National Expansion Memorial.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (3) Trust.--The term ``Trust'' means the Jefferson National
        Expansion Memorial Trust

SEC. 3. NATIONAL HISTORIC LANDMARK STATUS OF THE GATEWAY ARCH.

    To ensure the protections of the National Historic Preservation
Act--
            (1) the structure of the Gateway Arch and the Old St. Louis
        Courthouse are hereby designated by Congress as National
        Historic Landmarks; and
            (2) the grounds of the Memorial surrounding the Arch are
        hereby designated by Congress for inclusion on the National
        Register of Historic Places.

SEC. 4. AUTHORITY OF THE SECRETARY.

    The Secretary may take the following actions:
            (1) Enter into agreements with the Trust to plan and
        develop the St. Louis riverfront between Eads and Poplar Street
        bridges, the Memorial grounds including the interstate highway
        and roadways now traversing them, Luther Ely Smith Square, and
        the Old Courthouse as a single project area. The master plan
        for the project area and the design of its highly visible
        elements shall be created pursuant to international design
        competitions to be conducted by the Trust as extensive as the
        1947 competition which resulted in the selection of Eero
        Saarinen's Arch design.
            (2) Enter into an agreement with the Trust to facilitate
        the planning, construction, and operation of a cultural
        facility on Federal land within the boundary of the Jefferson
        National Expansion Memorial to enhance the visitor experience
        of the Memorial and for exhibitions, learning and
        interpretation associated with American migration, and other
        terms and conditions the Secretary determines to be necessary.
        An agreement authorizing the Trust to occupy or operate the
        cultural facility shall also provide for conveyance by the
        Trust to the United States of all right, title, and interest in
        such cultural facility.
            (3) Transfer one or more portions of the Memorial grounds
        to the administrative jurisdiction of the Trust and enter into
        agreements with the Trust for the Trust to assist in the
        implementation of the Final General Management Plan and Record
        of Decision.
            (4) Enter into agreements with the Trust for such other
        facilities and services provided in the design competitions in
        furtherance of the purposes of this Act, including completing
        the project described in paragraph (3) of section 1 not later
        than October 28, 2015.

Summary: Designates the structure of the Gateway Arch and Old St. Louis Courthouse as National Historic Landmarks. Designates the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places.

To designate the structure of the Gateway Arch and the Old St. Louis Courthouse as National Historic Landmarks, to designate the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Paid Administrative Leave
Accountability Act of 2015''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY IMPROVED INTERNAL TRACKING AND
              REPORTING OF ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.

    (a) In General.--Title I of the Homeland Security Act of 2002
(Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the
end the following new section:

``SEC. 104. INTERNAL TRACKING AND REPORTING OF ADMINISTRATIVE LEAVE FOR
              PERSONNEL MATTERS.

    ``(a) Internal Reporting.--Not later than 90 days after the date of
the enactment of the DHS Paid Administrative Leave Accountability Act
of 2015, and quarterly thereafter, the head of each component of the
Department shall submit to the Chief Human Capital Officer of the
Department--
            ``(1) the number of employees of the component who had been
        on administrative leave, or any other type of paid non-duty
        status without charge to leave, for personnel matters for a
        period of 6 consecutive months or longer as of the last day of
        the period covered by the report;
            ``(2) the total cost to the component associated with such
        administrative leave and such paid non-duty status (including
        salary and benefits) for the period covered by the report; and
            ``(3) the average duration that employees are placed on
        administrative leave, or any other type of paid non-duty status
        without charge to leave, for personnel matters for a period of
        6 consecutive months or longer, as of the last day of the
        period covered by the report for the component.
    ``(b) CHCO Tracking.--The Chief Human Capital Officer shall--
            ``(1) maintain records of the number of employees of the
        Department who are placed on administrative leave or paid non-
        duty status without charge to leave for personnel matters and
        the costs (including salary and benefits) associated with such
        leave or non-duty status; and
            ``(2) in consultation with the head of each of the
        components of the Department, determine any appropriate actions
        to be taken by the Department to resolve any personnel matter
        objectively, appropriately, and expeditiously or to reduce the
        use of administrative leave and paid non-duty status without
        charge to leave in addressing any personnel matter.
    ``(c) Personnel Matters Defined.--In this section, the term
`personnel matters' means, with respect to an employee, any personnel
investigation (including any investigation into misconduct and any
national security or suitability investigation), any criminal matter,
or any adverse action proposed or taken by the Department, including
any action under chapter 75 of title 5, United States Code.
    ``(d) Leverage of Existing Systems.--In carrying out this section,
the Secretary is encouraged to leverage systems and operations in use
on the date of enactment of the DHS Paid Administrative Leave
Accountability Act of 2015 to implement the requirements of this
section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 103
the following new item:

``Sec. 104. Internal tracking and reporting of administrative leave for
                            personnel matters.''.

SEC. 3. DEPARTMENT OF HOMELAND SECURITY POLICY RELATING TO EMPLOYEES ON
              ADMINISTRATIVE LEAVE.

    By not later than 90 days after the date of the enactment of this
Act, the Chief Human Capital Officer of the Department of Homeland
Security shall develop and implement a Department-wide policy in
accordance with existing Federal guidance specifically related to the
use of administrative leave, or any other type of paid non-duty status
without charge to leave, for personnel matters. Such policy shall
include the responsibilities of the components of the Department for
reporting information relating to such administrative leave and such
paid non-duty status to the Chief Human Capital Officer, as required
under section 104(a) of the Homeland Security Act of 2002 (Public Law
107-296), as added by section 2. Such policy shall provide guidance on
expediting the resolution of a personnel matter for which an employee
has been on administrative leave or any other type of paid non-duty
status without charge to leave for a period of 6 consecutive months or
longer in an objective and appropriate manner.

SEC. 4. REPORTS TO CONGRESS ON DEPARTMENT OF HOMELAND SECURITY
              EMPLOYEES ON ADMINISTRATIVE LEAVE FOR PERSONNEL MATTERS.

    (a) Quarterly Reports.--Not later than 30 days after the last day
of each calendar quarter of 2016, 2017, and 2018, the Chief Human
Capital Officer of the Department of Homeland Security shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the number of Department employees on administrative
leave, and any other type of paid non-duty status without charge to
leave, for personnel matters for a period of 6 consecutive months or
longer as of the last day of the quarter covered by the report. Each
such report shall include--
            (1) the costs to the Department associated with the
        placement of such employees on administrative leave or such
        paid non-duty status (including salary and benefits) for the
        period covered by the report; and
            (2) a description of any actions taken by the Department to
        resolve any personnel matter for which an employee has been
        placed on administrative leave or paid non-duty status without
        charge to leave.
    (b) Personnel Matters.--In this section, the term ``personnel
matters'' has the meaning given such term in

 section 104(c) of the Homeland Security Act of 2002 (Public Law 107-
296), as added by section 2.

            Passed the House of Representatives June 23, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on June 17, 2015. DHS Paid Administrative Leave Accountability Act of 2015 Amends the Homeland Security Act of 2002 to direct the head of each component of the Department of Homeland Security (DHS), on a quarterly basis, to submit to the Chief Human Capital Officer of DHS : (1) the number of employees who had been on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for six consecutive months or longer. (2) the total cost to the component associated with such leave and paid non-duty status for the quarter. And (3) the average duration that employees are placed on administrative leave, or any other type of paid non-duty status without charge to leave, for personnel matters for a period of six consecutive months or longer. Requires the Chief to: (1) maintain records of the number of such employees and the associated costs. And (2) determine appropriate actions to be taken by DHS to resolve any personnel matter objectively, appropriately, and expeditiously or to reduce the use of such leave and paid non-duty status in addressing any personnel matter. Encourages DHS to leverage systems and operations in use on the date of this Act's enactment to implement this Act's requirements. Directs the Chief to develop and implement a department-wide policy in accordance with existing federal guidance specifically related to the use of such leave or paid non-duty status for personnel matters. Requires such policy to: (1) include the responsibilities of the DHS components for reporting information relating to such administrative leave and such paid non-duty status to the Chief, and (2) provide guidance on expediting the resolution of a personnel matter for which an employee has been on administrative leave or any other type of paid non-duty status without charge to leave for a period of six consecutive months or longer in an objective and appropriate manner. Directs the Chief to submit a report after each calendar quarter of 2016-2018 on the number of DHS employees on such leave or paid non-duty status for personnel matters for six consecutive months or longer. Requires each such report to include: (1) the costs to DHS associated with the placement of such employees on administrative leave or such paid non-duty status for the period covered by the report. And (2) a description of any actions taken by DHS to resolve any personnel matter for which an employee has been placed on administrative leave or paid non-duty status without charge to leave.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cormorant Management and Natural
Resources Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The current permitting system is not sufficient to
        achieve a streamlined control of excessive cormorant
        populations.
            (2) Excessive cormorant populations cause damage to
        ecosystems.
            (3) Excessive cormorant populations pose public health and
        safety concerns.
            (4) Excessive cormorant populations pose an unsightly,
        loud, and olfactory nuisance.
            (5) Excessive cormorant populations can have a detrimental
        effect on fish populations.
            (6) Excessive cormorant populations displace native species
        from their habitats.
            (7) Cormorant excrement in colonies often kills vegetation.

SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY
              ACT WITH RESPECT TO CORMORANTS.

    (a) Delegation of Authority.--Section 7 of the Migratory Bird
Treaty Act (16 U.S.C. 708) is amended--
            (1) by inserting ``(a) Preservation of State Authority.--''
        before the first sentence; and
            (2) by adding at the end the following:
    ``(b) Delegation to States of Authority With Respect to
Cormorants.--
            ``(1) In general.--The authority of the Secretary under
        this Act with respect to cormorants in a State is hereby
        delegated to the governor of the State effective on the date on
        which the Secretary approves a management plan for cormorants
        in the State that is submitted by the governor.
            ``(2) Approval or disapproval of management plan.--
                    ``(A) In general.--The Secretary shall approve or
                disapprove a management plan submitted under this
                subsection by not later than the end of the 60-day
                period beginning on the date the plan is submitted.
                    ``(B) Requirement to approve.--The Secretary shall
                approve a management plan submitted under this
                subsection if the plan is in accordance with United
                States obligations under treaties and Federal law.
                    ``(C) Disapproval of plan.--If the Secretary
                disapproves a management plan under this subsection the
                Secretary shall provide to the governor who submitted
                the plan the reasons for the disapproval and an
                opportunity to revise and resubmit the plan.
                    ``(D) Plan deemed approved.--Except as provided in
                subparagraph (E), if the Secretary does not approve or
                disapprove a management plan before the end of the
                period referred to in paragraph (1) the Secretary is
                deemed to have approved the plan.
                    ``(E) Limitation on approval.--A management plan
                shall not be approved under this paragraph if the plan
                is found to be in violation of United States
                obligations under treaties and Federal law.
                    ``(F) Review of approved plans.--The Secretary--
                            ``(i) shall review every 5 years each
                        management plan approved for a State under this
                        subsection and the State governor's exercise of
                        authority delegated under this subsection; and
                            ``(ii) may revoke such approval and
                        delegation if, based on such review, the
                        Secretary determines that the plan or the
                        governor's exercise of authority delegated
                        under this subsection is not in accordance with
                        this Act or any treaty implemented by this Act.
            ``(3) Relationship between approved plan and regulations.--
        A management plan that is approved for a State under this
        subsection shall apply in that State with respect to management
        of cormorants, in lieu of regulations issued under this Act.
            ``(4) Compliance with treaties and federal law.--In
        exercising authority delegated under this subsection the
        governor of a State shall comply with this Act and all treaties
        implemented by this Act.
            ``(5) Relationship to other authority.--Nothing in this
        subsection limits the authority of the Secretary or any Federal
        agency to exercise authority under any Federal law to assist a
        State, upon request by the governor of the State, with control
        of cormorants.
            ``(6) Cormorant defined.--In this subsection the term
        `cormorant' means the double-crested cormorant (Phalacrocorax
        auritus).''.
    (b) Cooperation To Prevent Cormorant Proliferation.--
            (1) Department of interior cooperation.--The Secretary of
        the Interior, acting in consultation with the National
        Aquaculture Information Center and the Animal and Plant Health
        Inspection Service, shall conduct educational and informational
        activities for the owners and operators of aquaculture
        facilities to improve their efforts to prevent cormorants from
        consuming aquatic species being reared in aquaculture
        facilities, which contributes to the proliferation of
        cormorants.
            (2) Other efforts.--Nothing in this subsection restricts
        the authority of other Federal or State wildlife or natural
        resource management agencies to cooperate with the owners and
        operators of aquaculture facilities regarding the management
        and control of cormorants to prevent their proliferation.
            (3) Cormorant defined.--In this subsection, the term
        ``cormorant'' means the double-crested cormorant (Phalacrocorax
        auritus).

Summary: Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with US obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.

To amend the Migratory Bird Treaty Act to delegate to States the authorities of the Secretary of the Interior under that Act with respect to cormorants, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Reserve Accountability Act
of 2009''.

SEC. 2. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES.

    (a) Reviews.--Section 714 of title 31, United States Code, is
amended by adding at the end the following:
    ``(f) Reviews of Credit Facilities of the Federal Reserve System.--
            ``(1) Definition.--In this subsection, the term `credit
        facilities' means--
                    ``(A) the Money Market Investor Funding Facility;
                    ``(B) the Asset-Backed Commercial Paper Money
                Market Mutual Fund Liquidity Facility;
                    ``(C) the Term Asset-Backed Securities Loan
                Facility;
                    ``(D) the Primary Dealer Credit Facility;
                    ``(E) the Commercial Paper Funding Facility;
                    ``(F) any other credit facility approved by the
                Board under the 3rd undesignated paragraph of section
                13 of the Federal Reserve Act (12 U.S.C. 343), other
                than a credit facility that is subject to the
                requirements of subsection (e); and
                    ``(G) any special purpose vehicle through which any
                activity described in subparagraphs (A) through (F) is
                conducted.
            ``(2) In general.--Subject to paragraph (3), and
        notwithstanding any limitation in subsection (b) on the
        auditing and oversight of certain functions of the Board or any
        Federal Reserve bank, the Comptroller General may conduct
        reviews, including onsite examinations, if the Comptroller
        General determines that such examinations are appropriate, of
        the accounting, financial reporting, and internal controls of
        credit facilities established by the Board or any Federal
        Reserve bank, including when such activities are carried out by
        or on behalf of the Board or any official of a Federal Reserve
        bank.
            ``(3) Reports and delayed disclosure.--
                    ``(A) Reports required.--A report on each review
                conducted under paragraph (2) shall be submitted by the
                Comptroller General to the Congress before the end of
                the 90-day period beginning on the date on which such
                review is completed.
                    ``(B) Contents.--The report under subparagraph (A)
                shall include a detailed description of the findings
                and conclusions of the Comptroller General with respect
                to the review that is the subject of the report,
                together with such recommendations for legislative or
                administrative action as the Comptroller General may
                determine to be appropriate.
                    ``(C) Delayed release of certain information.--
                            ``(i) In general.--The Comptroller General
                        shall not disclose to any person or entity,
                        including to the Congress, the names or
                        identifying details of specific participants in
                        any of the audited facilities or identifying
                        details regarding assets or collateral held by,
                        under, or in connection with any of the audited
                        facilities, and any report provided under
                        subparagraph (A) shall be redacted to ensure
                        that such details are not disclosed.
                            ``(ii) Delayed release.--The nondisclosure
                        obligation under clause (i) shall expire, and
                        the Comptroller General shall release a
                        nonredacted version of any reports on specific
                        credit facilities, 1 year after the termination
                        of the relevant credit facility.''.
    (b) Access to Records.--Section 714(d) of title 31, United States
Code (as amended by section 801 of Public Law 111-22), is amended--
            (1) in paragraph (2), by inserting ``or any single and
        specific partnership or corporation (as specified in subsection
        (e)) or any facility established by an agency (as specified in
        subsection (f))'' after ``used by an agency'';
            (2) in paragraph (3), by inserting ``or (f)'' after
        ``subsection (e)'' each place that term appears; and
            (3) in paragraph (3)(B), by adding at the end the
        following: ``The Comptroller General may make and retain copies
        of books, accounts, and other records provided under
        subparagraph (A) as the Comptroller General deems appropriate.
        The Comptroller General shall have access to the officers,
        employees, contractors, and other agents and representatives of
        any single and specific partnership or corporation (as
        specified in subsection (e)) or any credit facility established
        by an agency (as specified in subsection (f)) at any reasonable
        time, as the Comptroller General may request. The Comptroller
        General shall provide to any such partnership, corporation, or
        credit facility a current list of officers and employees to
        whom, with proper identification, records and property may be
        made available, and who may make notes or copies necessary to
        carry out a review or examination under this subsection.''.

SEC. 3. PUBLIC ACCESS TO INFORMATION.

    (a) In General.--The Board shall place on its home Internet website
a link entitled ``Audit'', which shall link to a webpage that shall
serve as a repository of information made available to the public for a
reasonable period of time, not less than 6 months following the date of
release of the relevant information, including--
            (1) the reports prepared by the Comptroller General under
        section 714 of title 31, United States Code;
            (2) the annual financial statements prepared by an
        independent auditor for the Board of Governors of the Federal
        Reserve System (in this section referred to as the ``Board'')
        in accordance with section 11B of the Federal Reserve Act (12
        U.S.C. 248b); and
            (3) such other information as the Board reasonably believes
        is necessary or helpful to the public in understanding the
        accounting, financial reporting, and internal controls of the
        Board and the Federal Reserve banks.

Summary: Federal Reserve Accountability Act of 2009 - Authorizes the Comptroller General to conduct reviews of , and report to Congress on, the accounting, financial reporting, and internal controls of credit facilities established by the Board of Governors of the Federal Reserve System, or any Federal Reserve bank, including when such activities are implemented by or on behalf of the Board or any official of a Federal Reserve bank. Defines credit facilities as: (1) the Money Market Investor Funding Facility. (2) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility, (3) the Term Asset-Backed Securities Loan Facility, (4) the Primary Dealer Credit Facility, (5) the Commercial Paper Funding Facility. And (6) certain other credit facilities approved by the Board, as well as any special purpose vehicle through which any activity of such facilities is conducted. Requires the Board to place on its home Internet website a link entitled Audit to a webpage that serves as a repository of public information for not less than six months following the release of the relevant information, including: (1) the reports prepared pursuant to this Act. (2) the annual financial statements prepared by an independent auditor for the Board. And (3) any other information the Board believes is necessary or helpful to the public in understanding its accounting, financial reporting, and internal controls as well as those of the Federal Reserve banks.

A bill to amend title 31, United States Code, to authorize reviews by the Comptroller General of the United States of emergency credit facilities established by the Board of Governors of the Federal Reserve System or any Federal Reserve bank, and for other purposes.