SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Promoting Access
to Medicare Midwifery Services Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for certified midwife services.
Sec. 3. Increased medicare payments for certified nurse-midwife
                            services and certified midwife services.
Sec. 4. Clarification of hospital conditions of participation with
                            respect to certified nurse-midwives and
                            certified midwives.
Sec. 5. Medicare payment for freestanding birth center services.
Sec. 6. Clarification of billing rights of certified nurse-midwives and
                            certified midwives.
Sec. 7. Clarification regarding payments for certified nurse-midwife
                            services and certified midwife services
                            furnished in teaching hospitals.
Sec. 8. Interim and final regulations.

SEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES.

    (a) Certified Midwife and Certified Midwife Services Defined.--
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended--
            (1) in paragraph (1)--
                    (A) by striking ``(as defined in paragraph (2))''
                and inserting ``(as defined in subparagraph (B))''; and
                    (B) by inserting ``(A)'' after ``(1)'';
            (2) by redesignating paragraph (2) as subparagraph (B); and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in subparagraph (B)) and
such services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
    ``(B) The term `certified midwife' means an individual--
            ``(i) with a bachelor's degree from an accredited
        educational institution who has completed a program of study
        and clinical experience meeting guidelines established by the
        Secretary of Education; or
            ``(ii) who has been certified in nurse-midwifery or
        midwifery by an organization recognized by the Secretary of
        Education.''.
    (b) Certified Midwife Benefit.--
            (1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the
        Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended
        by inserting ``, certified midwife services'' after ``certified
        nurse-midwife services''.
            (2) Payment of benefits.--Section 1833(a)(1)(K) of the
        Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by
        inserting ``and certified midwife services'' after ``certified
        nurse-midwife services''.
    (c) Conforming Amendments.--
            (1) Use of carriers for administration of benefits.--
        Section 1842(b)(18)(C)(iii) of the Social Security Act (42
        U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as
        defined in section 1861(gg)(2))'' and inserting ``or a
        certified midwife (as defined in paragraph (1)(B) and (2)(B),
        respectively, of section 1861(gg))''.
            (2) Health care professional defined.--Section
        1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w-
        22(j)(3)(D)) is amended by striking ``and certified nurse-
        midwife'' and inserting ``certified nurse-midwife, and
        certified midwife''.
            (3) Inpatient hospital services.--Section 1861(b)(4) of the
        Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by
        inserting ``, certified midwife services,'' after ``certified
        nurse-midwife services''.
            (4) Medical and other health services.--Section
        1861(s)(2)(L) of the Social Security Act (42 U.S.C.
        1395x(s)(2)(L)) is amended by inserting ``and certified midwife
        services'' before the semicolon at the end.
            (5) Rural health clinic services and federally qualified
        health clinic services.--Section 1861(aa) of the Social
        Security Act (42 U.S.C. 1395x(aa)) is amended--
                    (A) in paragraph (2)(J), by striking ``, or a
                certified nurse-midwife (as defined in subsection
                (gg))'' and inserting ``, a certified nurse-midwife (as
                defined in subsection (gg)(1)(B)), or a certified
                midwife (as defined in subsection (gg)(2)(B))''; and
                    (B) in paragraph (7)(A), by striking ``or certified
                nurse midwife'' and inserting ``, certified nurse-
                midwife, or certified midwife''.
            (6) Certified nurse-midwife services.--The heading of
        section 1861(gg) of the Social Security Act (42 U.S.C.
        1395x(gg)) is amended by adding at the end the following:

                   ``; Certified Midwife Services''.

            (7) Exclusions from coverage and medicare as secondary
        payer.--Section 1862(a)(14) of the Social Security Act (42
        U.S.C. 1395y(a)(14)) is amended by inserting ``, certified
        midwife services'' after ``certified nurse-midwife services''.
            (8) Agreements with providers of services.--Section
        1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by
        inserting ``, certified midwife services'' after ``certified
        nurse-midwife services''.
            (9) Exclusion from payment to skilled nursing facilities
        for routine service costs.--Section 1888(e)(2)(A)(ii) of the
        Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
        by inserting ``, certified midwife services'' after ``certified
        nurse-midwife services''.
            (10) Medicaid definitions.--Section 1905 of the Social
        Security Act (42 U.S.C. 1396d) is amended--
                    (A) in subsection (a)(17)--
                            (i) by striking ``a nurse-midwife (as
                        defined in section 1861(gg)) which the nurse-
                        midwife is'' and inserting ``a certified nurse-
                        midwife or a certified midwife (as defined in
                        paragraphs (1)(B) and (2)(B), respectively, of
                        section 1861(gg)) which the certified nurse-
                        midwife or certified midwife, as the case may
                        be, is''; and
                            (ii) by striking ``whether or not the
                        nurse-midwife'' and inserting ``whether or not
                        the certified nurse-midwife or certified
                        midwife, as the case may be,''; and
                    (B) in subsection (t)(2)(B)(ii), by striking ``(as
                defined in section 1861(gg))'' and inserting ``or a
                certified midwife (as defined in paragraphs (1)(B) and
                (2)(B), respectively, of section 1861(gg)(2)(B))''.
            (11) Medicaid managed care.--Section 1932(b)(3)(C) of the
        Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by
        striking ``and certified nurse-midwife'' and inserting
        ``certified nurse-midwife, and certified midwife''.
    (d) Effective Date.--The amendments made by this section shall
apply to payment for certified nurse-midwife services and certified
midwife services furnished on or after the date of enactment of this
Act.

SEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE
              SERVICES AND CERTIFIED MIDWIFE SERVICES.

    (a) Amount of Payment.--Section 1833(a)(1)(K) of the Social
Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65
percent of the prevailing charge that would be allowed for the same
service performed by a physician, or, for services furnished on or
after January 1, 1992, 65 percent'' and inserting ``95 percent''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to certified nurse-midwife services and certified midwife
services furnished on or after the date of enactment of this Act.

SEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH
              RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED
              MIDWIVES.

    (a) Payment to Hospital for Patients Under Care of Certified Nurse-
Midwife or Certified Midwife.--Section 1861(e)(4) of the Social
Security Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows:
            ``(4) has a requirement that every patient with respect to
        whom payment may be made under this title must be under the
        care of a physician, except that--
                    ``(A) a patient receiving qualified psychologist
                services (as defined in subsection (B)) may be under
                the care of a clinical psychologist with respect to
                such services to the extent permitted under State law;
                and
                    ``(B) a patient receiving certified nurse-midwife
                services or certified midwife services (as defined in
                paragraphs (1)(B) and (2)(B), respectively, of
                subsection (gg)) may be under the care of a certified
                nurse-midwife or certified midwife, as the case may be,
                with respect to such services to the extent permitted
under State law;''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.

SEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES.

    (a) Freestanding Birth Center Services and Freestanding Birth
Center Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C.
1395x(gg)) (as amended by section 2(a)) is amended by adding at the end
the following new paragraph:
    ``(3)(A) The term `freestanding birth center services' means items
and services furnished by a freestanding birth center (as defined in
subparagraph (B)) as would otherwise be covered if furnished by a
hospital.
    ``(B)(i) The term `freestanding birth center' means a facility or
institution--
            ``(I) in which births are planned to occur (outside the
        mother's place of residence);
            ``(II) in which comprehensive health care services are
        furnished; and
            ``(III) which has been approved by the Secretary or
        accredited by an organization recognized by the Secretary for
        purposes of accrediting freestanding birth centers.
    ``(ii) Such term does not include--
            ``(I) a rural health clinic, critical access hospital, or a
        sole community hospital; or
            ``(II) a facility or institution that is a hospital or an
        ambulatory surgical center, unless with respect to ambulatory
        surgical centers, the State law or regulation that regulates
        such centers also regulates freestanding birth centers in the
        State.''.
    (b) Freestanding Birth Center Benefit.--
            (1) Scope of benefits.--Section 1832(a)(2) of the Social
        Security Act (42 U.S.C. 1395l(a)(2)) is amended--
                    (A) in subparagraph (I), by striking ``and'' at the
                end;
                    (B) in subparagraph (J), by striking the period at
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(K) freestanding birth center services performed
                in a freestanding birth center if the center has an
                agreement in effect with the Secretary by which the
                center agrees to accept the amount of payment
                determined under section 1833(u) as full payment for
                such services, and to accept assignment described in
                section 1842(b)(3)(B)(ii) with respect to payment for
                all such services furnished by the center to
                individuals enrolled under this part.''.
            (2) Payment of benefits.--Section 1833 of the Social
        Security Act (42 U.S.C. 1395l) is amended by adding at the end
        the following new subsection:
    ``(u) Payment for Freestanding Birth Center Services.--The
Secretary shall establish by regulation the amount of payment to be
made for facility services furnished in connection with freestanding
birth center services and furnished to an individual in a freestanding
birth center under this title.''.
    (c) Conforming Amendments.--
            (1) Medical and other health services.--Section
        1861(s)(2)(L) of the Social Security Act (42 U.S.C.
        1395x(s)(2)(L)) is amended--
                    (A) by adding ``and'' at the end;
                    (B) by inserting ``(i)'' after ``(L)''; and
                    (C) by adding at the end the following new clause:
            ``(ii) freestanding birth center services;''.
            (2) Certified nurse-midwife services; certified midwife
        services.--The heading of section 1861(gg) of the Social
        Security Act (42 U.S.C. 1395x(gg)) (as amended by section
        2(c)(6)) is amended by adding at the end the following:

               ``; Freestanding Birth Center Services''.

    (d) Effective Date.--The amendments made by this section shall
apply to freestanding birth center services furnished on or after the
date of enactment of this Act.

SEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND
              CERTIFIED MIDWIVES.

    (a) Use of Carriers for Administration of Benefits.--The first
sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C.
1395u(b)(6)) is amended--
            (1) by striking ``and'' before ``(F)''; and
            (2) by inserting before the period at the end the
        following: ``, and (G) in the case of certified nurse-midwife
        services or certified midwife services described in section
        1861(s)(2)(L), payment may be made in accordance with
        subparagraph (A), except that payment may also be made to such
        individual or entity (or to the agent of such individual or
        entity) as the certified nurse-midwife or certified midwife, as
        the case may be, may designate under an agreement between the
        certified nurse-midwife or certified midwife, as the case may
        be, and such individual or entity (or the agent of such
        individual or entity)''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to payment for certified nurse-midwife services and certified
midwife services furnished on or after the date of enactment of this
Act.

SEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE
              SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN
              TEACHING HOSPITALS.

    (a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social
Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
            (1) by inserting ``(I)'' after ``(iii)''; and
            (2) by adding at the end the following new subclause:
                            ``(II) in the case of certified nurse-
                        midwife services or certified midwife services
                        furnished in a hospital which has a teaching
                        program described in clause (i)(II), such
                        services may be furnished as provided under
sections 1842(b)(7)(E) and 1861(b)(8);''.
    (b) Clarification Regarding Payments Under Part B for Such Services
Furnished in Teaching Hospitals.--
            (1) In general.--Section 1842(b)(7) of the Social Security
        Act (42 U.S.C. 1395u(b)(7)) is amended--
                    (A) in subparagraph (A), in the matter preceding
                clause (i), by inserting ``or, for purposes of
                subparagraph (E), the conditions described in section
                1861(b)(8),'' after ``section 1861(b)(7),'';
                    (B) in subparagraph (C), by inserting ``or, for
                purposes of subparagraph (E), the conditions described
                in section 1861(b)(8),'' after ``section 1861(b)(7),'';
                and
                    (C) by adding at the end the following new
                subparagraph:
    ``(E) In the case of certified nurse-midwife services or certified
midwife services furnished to a patient in a hospital with a teaching
program approved as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8), the provisions of
subparagraphs (A) through (C) shall apply with respect to a certified
nurse-midwife or a certified midwife, as the case may be, under this
subparagraph as such provisions apply to a physician under such
subparagraphs.''.
            (2) Regulations.--Not later than 6 months after the date of
        enactment of this Act, the Secretary shall promulgate
        regulations to carry out the amendments made by paragraph (1).
    (c) Inpatient Hospital Services.--Section 1861(b) of the Social
Security Act (42 U.S.C. 1395x(b)) is amended--
            (1) in paragraph (6)--
                    (A) by inserting ``(A)'' after ``(6)''; and
                    (B) by adding at the end the following new
                subparagraph:
            ``(B) in the case of services in a hospital or osteopathic
        hospital, an intern or resident-in-training in the field of
        obstetrics and gynecology taught or supervised by a certified
        nurse-midwife or certified midwife (as defined in paragraphs
        (1)(B) and (2)(B), respectively, of subsection (gg)) to the
        extent permitted under State law and as may be authorized by
        the hospital;'';
            (2) in paragraph (7), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(8) a certified nurse-midwife or a certified midwife
        where the hospital has a teaching program approved as specified
        in paragraph (6), if--
                    ``(A) the hospital elects to receive any payment
                due under this title for reasonable costs of such
                services; and
                    ``(B) all certified nurse-midwives and certified
                midwives in such hospital agree not to bill charges for
                professional services rendered in such hospital to
                individuals covered under the insurance program
                established by this title.''.

SEC. 8. INTERIM AND FINAL REGULATIONS.

    Except with respect to the amendments made by section 7(b), in
order to carry out the amendments made by this Act in a timely manner,
the Secretary of Health and Human Services may first promulgate
regulations that take effect on an interim basis after notice and
pending opportunity for public comment by not later than 1 year after
the date of enactment of this Act.

Summary: Increases Medicare payments for certified nurse-midwife and certified midwife services. Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives, (2) billing rights of such practitioners. And (3) payments for the services of such practitioners furnished in teaching hospitals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Managed Care Integrity Act of
2001''.

SEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED
              CARE ENTITIES.

    (a) Application to Managed Care Entities.--
            (1) In general.--Notwithstanding any other provision of
        law, each health benefits plan offered by a managed care entity
        shall ensure that, with respect to a contract year, the
        actuarial value of the aggregate benefits provided under the
        plan during such year to enrollees is not less than 85 percent
        of the aggregate amount of payments received from, or on behalf
        of, such enrollees for such year.
            (2) Waiver of requirements.--
                    (A) In general.--The Secretary of Health and Human
                Services may waive the requirement of paragraph (1) for
                a 12-month period with respect to a managed care entity
                if the Secretary determines, based on the
                recommendations of the agency responsible for licensing
                such entity (or the health care plans of such entity)
                in a State, that--
                            (i) the solvency of the entity is in
                        jeopardy; or
                            (ii) compliance with the requirement would
                        cause the entity to fail to meet the solvency
                        requirements required for licensure in the
                        State.
                    (B) Renewals.--The Secretary of Health and Human
                Services may renew a waiver under subparagraph (A),
                except that the no waiver may be granted for a period
                in excess of 24 months in any 36-month period.
            (3) Administrative costs.--
                    (A) Limitation.--For purposes of this subsection,
                the costs associated with the management and operation
                of a managed care plan (including the costs of
                compensation and personnel fringe benefits, interest
                expenses, costs of occupancy of a facility, and
                marketing costs) shall not be included in determining
                the actuarial value of the aggregate benefits provided
                under the plan.
                    (B) Regulations.--The Secretary of Health and Human
                Services shall promulgate regulations to define ``costs
                associated with the management and operation of a
                manages care plan'' for purposes of subparagraph (A).
            (4) Definition.--For purposes of this subsection, the term
        ``managed care entity'' shall include--
                    (A) managed care entities providing health care
                coverage for individuals under a group health plan or
                individual health insurance coverage;
                    (B) medicaid managed care organizations as defined
                in section 1903(m)(1)(A) of the Social Security Act (42
                U.S.C. 1396b(m)(1)(A));
                    (C) managed care entities that provide health care
                coverage for individuals under the Federal Employees
                Health Benefits Program under chapter 89 of title 5,
                United States Code; and
                    (D) managed care entities that provide health care
                coverage for members of the armed forces and their
                families under chapter 55 of title 10, United States
                Code.
            (5) Effective date.--Paragraph (1) shall apply to contract
        years beginning on or after January 1, 2002.
            (6) Enforcement.--The Secretary of Health and Human
        Services shall develop formal investigation and compliance
        procedures with respect to complaints received by the Secretary
        concerning the failure of a health benefits plan to comply with
        the provisions of this subsection. Under such procedures--
                    (A) the Secretary shall provide the plan with the
                reasonable opportunity to develop and implement a
                corrective action plan to correct the deficiencies that
                were the basis of the complaint received by the
                Secretary; and
                    (B) the Secretary shall provide the plan with
                reasonable notice and opportunity for a hearing
                (including the right to appeal an initial decision)
                prior to applying the sanctions described in subsection
                (c).
    (b) Medicare+Choice Organizations.--
            (1) In general.--Section 1852 of the Social Security Act
        (42 U.S.C. 1395w-22) is amended by adding at the end the
        following new subsection:
    ``(l) Requirement Relating to the Provision of Benefits.--
            ``(1) In general.--Each Medicare+Choice plan offered by a
        Medicare+Choice organization shall ensure that, with respect to
        a contract year, the actuarial value of the aggregate benefits
        provided under the plan during such year to Medicare+Choice
        eligible individuals enrolled in the plan is not less than 85
        percent of the aggregate amount of payments received from, or
        on behalf of, such individuals for such year.
            ``(2) Waiver of requirement.--
                    ``(A) In general.--The Secretary may waive the
                requirement under paragraph (1) for a 12-month period
with respect to a Medicare+Choice plan offered by a Medicare+Choice
organization, if the Secretary determines, based, except for an
organization with a waiver under section 1855(a)(2), on the
recommendations of the agency responsible for licensing such plan in a
State, that--
                            ``(i) the solvency of the Medicare+Choice
                        organization is in jeopardy; or
                            ``(ii) compliance with the requirement
                        would cause the Medicare+Choice organization to
                        fail to meet the solvency requirements required
                        for licensure in the State or under this part.
                    ``(B) Renewals.--The Secretary may renew a waiver
                under subparagraph (A), except that no waiver may be
                granted for a period in excess of 24 months in any 36-
                month period.
            ``(3) Administrative costs.--
                    ``(A) Limitation.--For purposes of this subsection,
                the costs associated with the management and operation
                of a Medicare+Choice plan (including the costs of
                compensation and personnel fringe benefits, interest
                expenses, costs of occupancy of a facility, and
                marketing costs) shall not be included in determining
                the actuarial value of the aggregate benefits provided
                under the plan.
                    ``(B) Regulations.--The Secretary shall promulgate
                regulations to define `costs associated with the
                management and operation of a manages care plan' for
                purposes of subparagraph (A).
            ``(4) Enforcement.--The Secretary may terminate a contract
        with a Medicare+Choice organization under section 1857 in
        accordance with formal investigation and compliance procedures
        established by the Secretary under which--
                    ``(A) the Secretary provides the organization with
                the reasonable opportunity to develop and implement a
                corrective action plan to correct the deficiencies that
                were the basis of the Secretary's determination under
                this paragraph; and
                    ``(B) the Secretary provides the organization with
                reasonable notice and opportunity for hearing
                (including the right to appeal an initial decision)
                before terminating the contract.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to contract years beginning on or after January 1,
        2002.
    (c) Sanctions.--
            (1) In general.--If the Secretary of Health and Human
        Services determines that a health benefits plan or a
        Medicare+Choice organization fails substantially to comply with
        the provision of this Act or section 1852(l) of the Social
        Security Act the Secretary may provide, in addition to any
        other remedies authorized by law, for any of the remedies
        described in paragraph (2).
            (2) Remedies.--The remedies described in this paragraph
        are--
                    (A) civil money penalties of not more than $25,000
                for each determination under paragraph (1) or, with
                respect to such a determination involving
                misrepresentation or falsifying information, of not
                more than $100,000 for each such determination; and
                    (B) with respect to Medicare+Choice organizations--
                            (i) suspension of enrollment of individuals
                        under part C of title XVIII of the Social
                        Security Act after the date the Secretary
                        notifies the organization of a determination
                        under paragraph (1) and until the Secretary is
                        satisfied that the basis for such determination
                        has been corrected and is not likely to recur;
                        or
                            (ii) suspension of payment to the
                        organization under such part for individuals
                        enrolled after the date the Secretary notifies
                        the organization of a determination under
                        paragraph (1) and until the Secretary is
                        satisfied that the basis for such determination
                        has been corrected and is not likely to recur.

Summary: Managed Care Integrity Act of 2001 - Requires health benefits plans offered by managed care entities to ensure that the actuarial value of the aggregate plan benefits is at least 85 percent of the aggregate amount of payments received from, or on behalf of, plan enrollees. Waives such requirement for a limited period if an entity's solvency is in jeopardy or compliance would cause the entity's failure to meet State solvency requirements. Includes Medicaid managed care organizations and managed care entities providing health care coverage for Federal employees and members of the armed forces within the definition of managed care entity. Requires the Secretary of Health and Human Services to develop related investigation and compliance procedures. Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of this Act to MedicareChoice organizations. Sets forth noncompliance remedies.

A bill to limit the administrative expenses and profits of managed care entities to not more than 15 percent of premium revenues.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Reservists Small Business
Relief Act of 1999''.

SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS.

    Section 7 of the Small Business Act (15 U.S.C. 636) is amended by
adding at the end the following:
    ``(n) Repayment Deferred for Active Duty Reservists.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible reservist.--The term `eligible
                reservist' means a member of a reserve component of the
                Armed Forces ordered to active duty during a period of
                military conflict.
                    ``(B) Essential employee.--The term `essential
                employee' means an individual who is employed by a
                small business concern and whose managerial or
                technical expertise is critical to the successful day-
                to-day operations of that small business concern.
                    ``(C) Period of military conflict.--The term
                `period of military conflict' means--
                            ``(i) a period of war declared by Congress;
                            ``(ii) a period of national emergency
                        declared by Congress or by the President; or
                            ``(iii) a period of a contingency
                        operation, as defined in section 101(a) of
                        title 10, United States Code.
                    ``(D) Qualified borrower.--The term `qualified
                borrower' means--
                            ``(i) an individual who is an eligible
                        reservist and who received a direct loan under
                        subsection (a) or (b) before being ordered to
                        active duty; or
                            ``(ii) a small business concern that
                        received a direct loan under subsection (a) or
                        (b) before an eligible reservist, who is an
                        essential employee, was ordered to active duty.
            ``(2) Deferral of direct loans.--
                    ``(A) In general.--The Administration shall, upon
                written request, defer repayment of principal and
                interest due on a direct loan made under subsection (a)
                or (b), if such loan was incurred by a qualified
                borrower.
                    ``(B) Period of deferral.--The period of deferral
                for repayment under this paragraph shall begin on the
                date on which the eligible reservist is ordered to
                active duty and shall terminate on the date that is 180
                days after the date such eligible reservist is
                discharged or released from active duty.
                    ``(C) Interest rate reduction during deferral.--
                Notwithstanding any other provision of law, during the
                period of deferral described in subparagraph (B), the
                Administration may, in its discretion, reduce the
                interest rate on any loan qualifying for a deferral
                under this paragraph.
            ``(3) Deferral of loan guarantees and other financings.--
        The Administration shall--
                    ``(A) encourage intermediaries participating in the
                program under subsection (m) to defer repayment of a
                loan made with proceeds made available under that
                subsection, if such loan was incurred by a small
                business concern that is eligible to apply for
                assistance under subsection (b)(3); and
                    ``(B) not later than 30 days after the date of
                enactment of this subsection, establish guidelines to--
                            ``(i) encourage lenders and other
                        intermediaries to defer repayment of, or
                        provide other relief relating to, loan
                        guarantees under subsection (a) and financings
                        under section 504 of the Small Business
                        Investment Act of 1958 that were incurred by
                        small business concerns that are eligible to
                        apply for assistance under subsection (b)(3),
                        and loan guarantees provided under subsection
                        (m) if the intermediary provides relief to a
                        small business concern under this paragraph;
                        and
                            ``(ii) implement a program to provide for
                        the deferral of repayment or other relief to
                        any intermediary providing relief to a small
                        business borrower under this paragraph.''.

SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL
              BUSINESSES.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by inserting after the undesignated paragraph that begins with
``Provided, That no loan'', the following:
            ``(3)(A) In this paragraph--
                    ``(i) the term `essential employee' means an
                individual who is employed by a small business concern
                and whose managerial or technical expertise is critical
                to the successful day-to-day operations of that small
                business concern;
                    ``(ii) the term `period of military conflict' has
                the meaning given the term in subsection (n)(1); and
                    ``(iii) the term `substantial economic injury'
                means an economic harm to a business concern that
                results in the inability of the business concern--
                            ``(I) to meet its obligations as they
                        mature;
                            ``(II) to pay its ordinary and necessary
                        operating expenses; or
                            ``(III) to market, produce, or provide a
                        product or service ordinarily marketed,
                        produced, or provided by the business concern.
            ``(B) The Administration may make such disaster loans
        (either directly or in cooperation with banks or other lending
        institutions through agreements to participate on an immediate
        or deferred basis) to assist a small business concern that has
        suffered or that is likely to suffer substantial economic
        injury as the result of an essential employee of such small
        business concern being ordered to active military duty during a
        period of military conflict.
            ``(C) A small business concern described in subparagraph
        (B) shall be eligible to apply for assistance under this
        paragraph during the period beginning on the date on which the
        essential employee is ordered to active duty and ending on the
        date that is 90 days after the date on which such essential
        employee is discharged or released from active duty.
            ``(D) Any loan or guarantee extended pursuant to this
        paragraph shall be made at the same interest rate as economic
        injury loans under paragraph (2).
            ``(E) No loan may be made under this paragraph, either
        directly or in cooperation with banks or other lending
        institutions through agreements to participate on an immediate
        or deferred basis, if the total amount outstanding and
        committed to the borrower under this subsection would exceed
        $1,500,000, unless such applicant constitutes a major source of
        employment in its surrounding area, as determined by the
        Administration, in which case the Administration, in its
        discretion, may waive the $1,500,000 limitation.
            ``(F) For purposes of assistance under this paragraph, no
        declaration of a disaster area shall be required.''.

SEC. 4. BUSINESS DEVELOPMENT AND MANAGEMENT ASSISTANCE FOR MILITARY
              RESERVISTS' SMALL BUSINESSES.

    (a) In General.--Section 8 of the Small Business Act (15 U.S.C.
637) is amended by adding at the end the following:
    ``(l) Management Assistance for Small Businesses Affected by
Military Operations.--The Administration shall utilize, as appropriate,
its entrepreneurial development and management assistance programs,
including programs involving State or private sector partners, to
provide business counseling and training to any small business concern
adversely affected by the deployment of units of the Armed Forces of
the United States in support of a period of military conflict (as
defined in section 7(n)(1)).''.
    (b) Enhanced Publicity During Operation Allied Force.--For the
duration of Operation Allied Force and for 120 days thereafter, the
Administration shall enhance its publicity of the availability of
assistance provided pursuant to the amendments made by this Act,
including information regarding the appropriate local office at which
affected small businesses may seek such assistance.

SEC. 5. GUIDELINES.

    Not later than 30 days after the date of enactment of this Act, the
Administrator of the Small Business Administration shall issue such
guidelines as the Administrator determines to be necessary to carry out
this Act and the amendments made by this Act.

SEC. 6. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
    (b) Disaster Loans.--The amendments made by section 3 shall apply
to economic injury suffered or likely to be suffered as the result of a
period of military conflict occurring or ending on or after March 24,
1999.

            Passed the Senate July 27, 1999.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.

Summary: Military Reservists Small Business Relief Act of 1999 - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty. And (2) is an essential employee of a small business for which the loan was made. Extends such deferral period until 180 days after such reservist is discharged or released from active duty. Directs the SBA to encourage lenders and loan intermediaries participating in other SBA loan programs to defer repayment of similar loans as well as loans made under the Small Business Investment Act of 1958. Authorizes the SBA to make disaster loans to assist a small business that has or is likely to suffer economic injury as the result of the essential employee of such business being ordered to active duty during a period of military conflict. Extends such assistance until 90 days after such reservist is discharged or released from such duty. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after March 24, 1999. Directs the SBA to utilize its entrepreneurial development and management assistance programs to provide business counseling and training to any small business adversely affected by the deployment of units of US armed forces in support of a period of military conflict. Requires the SBA, for the duration of Operation Allied Force and 120 days thereafter, to enhance its publicity of the availability of such assistance.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nation Building Here at Home Act of
2017''.

SEC. 2. TRANSFORMATIONAL INFRASTRUCTURE COMPETITIVE GRANT PROGRAM.

    (a) Establishment.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a transformational infrastructure competitive grant program.
    (b) Grant Authority.--In carrying out the program established under
subsection (a), the Secretary may make a grant, on a competitive basis,
to any of the following:
            (1) A State government.
            (2) A local government.
            (3) A transit agency.
            (4) A port authority.
    (c) Eligible Projects.--
            (1) In general.--A grant made under subsection (b) may be
        used for any of the following, if the Secretary determines that
        the project will significantly impact a metropolitan area, a
        region, or all of the United States:
                    (A) A highway or bridge project eligible under
                title 23, United States Code, including interstate
                rehabilitation, improvements to the rural collector
                road system, the reconstruction of overpasses and
                interchanges, bridge replacements, bridge painting,
                seismic retrofit projects for bridges, and road
                realignments.
                    (B) A public transportation project eligible under
                chapter 53 of title 49, United States Code, including
                investment in a project participating in the New Starts
                or Small Starts programs that will expedite the
                completion of that project and its entry into revenue
                service.
                    (C) A passenger or freight rail transportation
                project.
                    (D) A port infrastructure investment, including a
                project that connects ports to other modes of
                transportation and improves the efficiency of freight
                movement.
                    (E) An aviation infrastructure project.
                    (F) A water infrastructure project.
            (2) Coordination.--With respect to a project described in
        paragraph (1)(F), the Secretary shall coordinate any grant for
        such a project with the Administrator of the Environmental
        Protection Agency and the Secretary of the Army (acting through
        the Chief of Engineers).
    (d) Applications and Criteria for Grant Awards.--
            (1) Applications.--To be eligible for a grant made under
        subsection (b), an entity described in paragraph (1), (2), (3),
        or (4) of that subsection shall submit to the Secretary an
        application in such form, at such time, and containing such
        information as the Secretary determines appropriate.
            (2) Criteria for grant awards.--Not later than 90 days
        after the date of enactment of this Act, the Secretary shall
        issue regulations specifying the criteria that the Secretary
        will use to make grants on a competitive basis under subsection
        (b).
            (3) Financial commitments.--The criteria specified by the
        Secretary under paragraph (2) shall include criteria for the
        consideration of--
                    (A) whether there are financial commitments in
                place with respect to a proposed project;
                    (B) the degree of certainty with respect to such
                financial commitments; and
                    (C) whether such financial commitments are from
                non-Federal sources.
    (e) Federal Share.--The Federal share of the cost of a project
assisted with a grant made under subsection (b) may not exceed 100
percent of that cost.
    (f) Considerations.--In making grants under subsection (b), the
Secretary shall ensure, to the extent practicable, that the grants--
            (1) are distributed geographically in an equitable manner;
            (2) address the needs of both urban and rural areas
        appropriately;
            (3) promote the training and employment of veterans,
        including by having applicable contractors provide to veterans
        a preference during the hiring and referral of laborers;
            (4) are utilized in a manner that ensures an appropriate
        percentage of grant amounts are expended through small business
        concerns owned and controlled by socially and economically
        disadvantaged individuals (as determined by the Secretary); and
            (5) promote the utilization of participants in a registered
        apprenticeship program, including by providing a preference to
        proposed projects that incorporate such utilization.
    (g) Applicability of Title 40.--Each project conducted using funds
provided with a grant made under subsection (b) shall comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code.
    (h) Buy America.--
            (1) In general.--None of the funds made available for a
        project under this Act may be used for the project unless all
        of the iron, steel, and manufactured goods used in the project
        are produced in the United States.
            (2) Exceptions.--Paragraph (1) shall not apply in any case
        or category of cases in which the Secretary finds that--
                    (A) applying paragraph (1) would be inconsistent
                with the public interest;
                    (B) iron, steel, or the relevant manufactured goods
                are not produced in the United States in sufficient and
                reasonably available quantities or to a satisfactory
                quality; or
                    (C) inclusion of iron, steel, and manufactured
                goods produced in the United States will increase the
                cost of the overall project by more than 25 percent.
            (3) Justifications.--If the Secretary determines that it is
        necessary to waive the application of paragraph (1) based on a
        finding under paragraph (2), the Secretary shall publish in the
        Federal Register a detailed justification for the waiver.
            (4) International agreements.--This subsection shall be
        applied in a manner consistent with United States obligations
        under international agreements.
    (i) Transparency and Accountability.--In carrying out the program
established under subsection (a), the Secretary shall--
            (1) take actions to ensure that grants made under
        subsection (b) are utilized as expeditiously and efficiently as
        possible;
            (2) make available to the public, on an appropriate Web
        site of the Department of Transportation, information on each
        grant made under subsection (b); and
            (3) submit to Congress, not later than 1 year after the
        first grant is made under subsection (b), and annually
        thereafter, information on grants made under subsection (b),
        including the progress made on projects funded by such grants.
    (j) Environmental Streamlining.--The Secretary shall coordinate, to
the maximum extent practicable, with relevant Federal departments and
agencies to ensure that environmental reviews are conducted in a manner
that facilitates the accelerated delivery of projects for which a grant
is made under this section.
    (k) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        the Secretary to make grants under the program established
        under subsection (a) $1,263,000,000,000, in the aggregate, for
        fiscal years 2018 through 2022.
            (2) Eligible project use.--From the amounts made available
        under paragraph (1), the Secretary shall use--
                    (A) 85 percent of the amounts to make grants for
                projects described in subparagraph (A), (B), or (C) of
                subsection (c)(1);
                    (B) 2 percent of the amounts to make grants for
                projects described in subparagraph (D) of subsection
                (c)(1);
                    (C) 4 percent of the amounts to make grants for
                projects described in subparagraph (E) of subsection
                (c)(1); and
                    (D) 9 percent of the amounts to make grants for
                projects described in subparagraph (F) of subsection
                (c)(1).

SEC. 3. NATION BUILDING HERE AT HOME FINANCING INITIATIVE.

    (a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of Transportation, shall establish a Nation Building
Here at Home Financing Initiative in accordance with this section.
    (b) Authority To Issue Bonds.--In carrying out the initiative
established under subsection (a), the Secretary of the Treasury may
issue bonds. The aggregate face amount of bonds issued under this
subsection may not exceed $300,000,000,000.
    (c) Characteristics of Bonds.--Bonds issued under subsection (b)
shall be issued in such amounts, bear such rates of interest, and be
subject to such terms and conditions as the Secretary of the Treasury
may prescribe.
    (d) Use of Bond Proceeds.--The Secretary of the Treasury shall make
available to the Secretary of Transportation the proceeds resulting
from bonds issued under subsection (b). The Secretary of Transportation
may use such proceeds only to carry out the program established under
section 2(a) of this Act.

SEC. 4. REPORT.

    Not later than 180 days after the date of enactment of this Act,
the Secretary of Transportation shall submit to Congress a
comprehensive report describing the transportation needs of the United
States for each of the following:
            (1) The 20-year period beginning on the date of enactment
        of this Act.
            (2) The 30-year period beginning after the period described
        in paragraph (1).
            (3) The 50-year period beginning after the period described
        in paragraph (2).

Summary: Nation Building Here at Home Act of 2017 This bill directs the Department of Transportation (DOT) to establish a transformational infrastructure competitive grant program to award grants to state and local governments, transit agencies, and port authorities for certain public transportation projects that will significantly impact a metropolitan area, a region, or all of the United States. The federal share of project costs is 100. The iron, steel, and manufactured goods used in projects funded under this bill must have been produced in the United States, except in specified circumstances. DOT shall coordinate with relevant federal departments and agencies to ensure that environmental reviews are made in a manner that accelerates delivery of such projects. The Department of the Treasury shall establish a Nation Building Here at Home Financing Initiative.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Airlift Requirements
Act''.

SEC. 2. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER AIRLIFT FORCE.

    (a) Study Required.--
            (1) In general.--The Secretary of Defense shall conduct a
        study on various alternatives for the size and mix of assets
        for the Air Force intertheater airlift force, with a particular
        focus on current and planned capabilities and costs of the C-5
        aircraft and C-17 aircraft fleets.
            (2) Conduct of study.--
                    (A) Use of ffrdc.--The Secretary shall select to
                conduct the study required by subsection (a) a
                federally funded research and development center
                (FFRDC) that has experience and expertise in conducting
                studies similar to the study required by subsection
                (a).
                    (B) Development of study methodology.--Not later
                than 90 days after the date of enactment of this Act,
                the federally funded research and development center
                selected for the conduct of the study shall--
                            (i) develop the methodology for the study;
                        and
                            (ii) submit the methodology to the
                        Comptroller General of the United States for
                        review.
                    (C) Comptroller general review.--Not later than 30
                days after receipt of the methodology under
                subparagraph (B), the Comptroller General shall--
                            (i) review the methodology for purposes of
                        identifying any flaws or weaknesses in the
                        methodology; and
                            (ii) submit to the federally funded
                        research and development center a report that--
                                    (I) sets forth any flaws or
                                weaknesses in the methodology
                                identified by the Comptroller General
                                in the review; and
                                    (II) makes any recommendations the
                                Comptroller General considers advisable
                                for improvements to the methodology.
                    (D) Modification of methodology.--Not later than 30
                days after receipt of the report under subparagraph
                (C), the federally funded research and development
                center shall--
                            (i) modify the methodology in order to
                        address flaws or weaknesses identified by the
                        Comptroller General in the report and to
                        improve the methodology in accordance with the
                        recommendations, if any, made by the
                        Comptroller General; and
                            (ii) submit to the congressional defense
                        committees a report that--
                                    (I) describes the modifications of
                                the methodology made by the federally
                                funded research and development center;
                                and
                                    (II) if the federally funded
                                research and development center does
                                not improve the methodology in
                                accordance with any particular
                                recommendation of the Comptroller
                                General, sets forth a description and
                                explanation of the reasons for such
                                action.
            (3) Utilization of other studies.--The study shall build
        upon the results of the recent Mobility Capabilities Studies of
        the Department of Defense, the on-going Intratheater Airlift
        Fleet Mix Analysis, and other appropriate studies and analyses.
        The study should also include any results reached on the
        modified C-5A aircraft configured as part of the Reliability
        Enhancement and Re-engining Program (RERP) configuration, as
        specified in section 132 of the National Defense Authorization
        Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411).
    (b) Elements.--The study under subsection (a) shall address the
following:
            (1) The state of the current intertheater airlift fleet of
        the Air Force, including the extent to which the increased use
        of heavy airlift aircraft in Operation Iraqi Freedom, Operation
        Enduring Freedom, and other ongoing operations is affecting the
        aging of the aircraft of that fleet.
            (2) The adequacy of the current intertheater airlift force,
        including whether or not the current target number of 301
        airframes for the Air Force heavy lift aircraft fleet will be
        sufficient to support future expeditionary combat and non-
        combat missions as well as domestic and training mission
        demands consistent with the requirements of the National
        Military Strategy.
            (3) The optimal mix of C-5 aircraft and C-17 aircraft for
        the intertheater airlift fleet of the Air Force, and any
        appropriate mix of C-5 aircraft and C-17 aircraft for
        intratheater airlift missions, including an assessment of the
        following:
                    (A) The cost advantages and disadvantages of
                modernizing the C-5 aircraft fleet when compared with
                procuring new C-17 aircraft, which assessment shall be
                performed in concert with the Cost Analysis Improvement
                Group and be based on program life cycle cost estimates
                for the respective aircraft.
                    (B) The military capability of the C-5 aircraft and
                the C-17 aircraft, including number of lifetime flight
                hours, cargo and passenger carrying capabilities, and
                mission capable rates for such airframes. In the case
                of assumptions for the C-5 aircraft, and any
                assumptions made for the mission capable rates of the
                C-17 aircraft, sensitivity analyses shall also be
                conducted to test assumptions. The military capability
                study for the C-5 aircraft shall also include an
                assessment of the mission capable rates after each of
                the following:
                            (i) Successful completion of the Avionics
                        Modernization Program (AMP) and the Reliability
                        Enhancement and Re-engining Program (RERP).
                            (ii) Partially successful completion of the
                        Avionics Modernization Program and the
                        Reliability Enhancement and Re-engining
                        Program, with partially successful completion
                        of either such program being considered the
                        point at which the continued execution of such
                        program is no longer supported by cost-benefit
                        analysis.
                    (C) The tactical capabilities of strategic airlift
                aircraft, the potential increase in use of strategic
                airlift aircraft for tactical missions, and the value
                of such capabilities to tactical operations.
                    (D) The value of having more than one type of
                aircraft in the strategic airlift fleet, and the
                potential need to pursue a replacement aircraft for the
                C-5 aircraft that is larger than the C-17 aircraft.
            (4) The means by which the Air Force was able to restart
        the production line for the C-5 aircraft after having closed
        the line for several years, and the actions to be taken to
        ensure the production line for the C-17 aircraft could be
        restarted if necessary, including--
                    (A) an analysis of the costs of closing and re-
                opening the production line for the C-5 aircraft; and
                    (B) an assessment of the costs of closing and re-
                opening the production line for the C-17 aircraft on a
                similar basis.
            (5) The financial effects of retiring, upgrading and
        maintaining, or continuing current operations of the C-5A
        aircraft fleet on procurement decisions relating to the C-17
        aircraft.
            (6) The impact that increasing the role and use of
        strategic airlift aircraft in intratheater operations will have
        on the current target number for strategic airlift aircraft of
        301 airframes, including an analysis of the following:
                    (A) The appropriateness of using C-5 aircraft and
                C-17 aircraft for intratheater missions, as well as the
                efficacy of these aircraft to perform current and
                projected future intratheater missions.
                    (B) The interplay of existing doctrinal
                intratheater airlift aircraft (such as the C-130
                aircraft and the future Joint Cargo Aircraft (JCA))
                with an increasing role for C-5 aircraft and C-17
                aircraft in intratheater missions.
                    (C) The most appropriate and likely missions for C-
                5 aircraft and C-17 aircraft in intratheater operations
                and the potential for increased requirements in these
                mission areas.
                    (D) Any intratheater mission sets best performed by
                strategic airlift aircraft as opposed to traditional
                intratheater airlift aircraft.
                    (E) Any requirements for increased production or
                longevity of C-5 aircraft and C-17 aircraft, or for a
                new strategic airlift aircraft, in light of the matters
                analyzed under this paragraph.
            (7) Taking into consideration all applicable factors,
        whether or not the replacement of C-5 aircraft with C-17
        aircraft on a one-for-one basis will result in the retention of
        a comparable strategic airlift capability.
    (c) Construction.--Nothing in this section shall be construed to
exclude from the study under subsection (a) consideration of airlift
assets other than the C-5 aircraft or C-17 aircraft that do or may
provide intratheater and intertheater airlift, including the potential
that such current or future assets may reduce requirements for C-5
aircraft or C-17 aircraft.
    (d) Collaboration With Transcom.--The federally funded research and
development center selected under subsection (a) shall conduct the
study required by that subsection and make the report required by
subsection (e) in concert with the United States Transportation
Command.
    (e) Report by FFRDC.--
            (1) In general.--Not later than February 4, 2009, the
        federally funded research and development center selected under
        subsection (a) shall submit to the Secretary of Defense, the
        congressional defense committees, and the Comptroller General
        of the United States a report on the study required by
        subsection (a).
            (2) Review by gao.--Not later than 90 days after receipt of
        the report under paragraph (1), the Comptroller General shall
        submit to the congressional defense committee a report on the
        study conducted under subsection (a) and the report under
        paragraph (1). The report under this subsection shall include
        an analysis of the study under subsection (a) and the report
        under paragraph (1), including an assessment by the Comptroller
        General of the strengths and weaknesses of the study and
        report.
    (f) Report by Secretary of Defense.--
            (1) In general.--Not later than _____, 2009, the Secretary
        of Defense shall submit to the Committee on Armed Services of
        the Senate and the Committee on Armed Services of the House of
        Representatives a report on the study required by subsection
        (a).
            (2) Elements.--The report shall include a comprehensive
        discussion of the findings of the study, including a particular
        focus on the following:
                    (A) A description of lift requirements and
                operating profiles for intertheater airlift aircraft
                required to meet the National Military Strategy,
                including assumptions regarding:
                            (i) Current and future military combat and
                        support missions.
                            (ii) The planned force structure growth of
                        the Army and the Marine Corps.
                            (iii) Potential changes in lift
                        requirements, including the deployment of the
                        Future Combat Systems by the Army.
                            (iv) New capability in strategic airlift to
                        be provided by the KC(X) aircraft and the
                        expected utilization of such capability,
                        including its use in intratheater lift.
                            (v) The utilization of the heavy lift
                        aircraft in intratheater combat missions.
                            (vi) The availability and application of
                        Civil Reserve Air Fleet assets in future
                        military scenarios.
                            (vii) Air mobility requirements associated
                        with the Global Rebasing Initiative of the
                        Department of Defense.
                            (viii) Air mobility requirements in support
                        of peacekeeping and humanitarian missions
                        around the globe.
                            (ix) Potential changes in lift requirements
                        based on equipment procured for Iraq and
                        Afghanistan.
                    (B) A description of the assumptions utilized in
                the study regarding aircraft performances and loading
                factors.
                    (C) A comprehensive statement of the data and
                assumptions utilized in making program life cycle cost
                estimates.
                    (D) A comparison of cost and risk associated with
                optimal mix airlift fleet versus program of record
                airlift fleet.
            (3) Form.--The report shall be submitted in unclassified
        form, but may include a classified annex.

Summary: United States Airlift Requirements Act - Directs the Secretary of Defense to study alternatives for the asset size and mix for the Air Force intertheater airlift force, focusing on current and planned capabilities and costs of the C-5 and C-17 fleets. Requires that the study be conducted through a federally funded research and development center (FFRDC) in concert with the United States Transportation Command.

To require a report on the size and mixture of the Air Force intertheater airlift force.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Middle East and North Africa
Transition and Development Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The European Bank for Reconstruction and Development
        was created to support the transition of command economies to
        market economies following the collapse of communist regimes in
        1989.
            (2) The Bank is the only international financial
        institution that--
                    (A) has a transition mandate;
                    (B) includes political aspects to its mandate; and
                    (C) seeks to assist only those countries that are
                committed to, and are applying, the principles of
                multiparty democracy, pluralism, and development of
                market economics in accordance with Article 1 of the
                Agreement Establishing the European Bank for
                Reconstruction and Development.
            (3) Egypt, which is a current shareholder of the Bank, has
        requested that the Bank consider Egypt's candidacy for becoming
        a country of activity. Consideration for including Egypt in the
        Bank's geographic mandate has been accelerated at the request
        of Egypt's interim government.
            (4) Other countries from the Middle East and North Africa,
        including Tunisia, have requested that the Bank consider their
        potential to become countries of activity.
            (5) The Bank estimates that approximately $4,000,000,000
        per year could be provided for financial investment in new
        countries of activity in North Africa from the Bank's existing
        financial resources, without the need to call on its
        shareholders for additional capital.
            (6) The functions of the Bank are consistent with the
        critical and rising economic needs of Egypt and the Middle East
        and North Africa.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agreement establishing the european bank for
        reconstruction and development.--The term ``Agreement
        Establishing the European Bank for Reconstruction and
        Development'' means the Agreement establishing the European
        Bank for Reconstruction and Development, done at Paris May 29,
        1990, and entered into force March 28, 1991.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Financial Services and the
                Committee on Appropriations of the House of
                Representatives.
            (3) Bank.--The term ``Bank'' means the European Bank for
        Reconstruction and Development.
            (4) Country of activity.--The term ``country of activity''
        means a country in which the Bank provides its resources for
        loans or other assistance, including through the use of special
        funds.
            (5) International financial institution.--The term
        ``international financial institution'' has the meaning given
        that term in section 1701(c)(2) of the International Financial
        Institutions Act (22 U.S.C. 262r(c)(2)).
            (6) Multilateral development bank.--The term ``multilateral
        development bank'' has the meaning given that term in section
        1701(c)(4) of the International Financial Institutions Act (22
        U.S.C. 262r(c)(4)).

SEC. 4. UNITED STATES POLICY WITH RESPECT TO COUNTRIES LOCATED IN THE
              MIDDLE EAST AND NORTH AFRICA.

    (a) Policy Declaration.--It is the policy of the United States--
            (1) to support a successful and sustainable transition to
        democracy in the Middle East and North Africa, including Egypt
        and Tunisia, that reflects the legitimate aspirations of the
        people in that region for greater political freedom and
        economic opportunity; and
            (2) to increase economic prosperity in that region through
        financial investment and technical assistance and by utilizing
        the resources of appropriate multilateral development banks.
    (b) Promotion of United States Policy.--The Secretary of the
Treasury should instruct the United States Executive Director of the
European Bank for Reconstruction and Development to use the voice and
vote of the United States to promote the policies described in
subsection (a).

SEC. 5. NEGOTIATING OBJECTIVES WITH RESPECT TO AN AGREEMENT TO EXPAND
              THE MANDATE OF THE EUROPEAN BANK FOR RECONSTRUCTION AND
              DEVELOPMENT TO COUNTRIES LOCATED IN THE MIDDLE EAST AND
              NORTH AFRICA.

    (a) In General.--The negotiating objectives of the United States
with respect to an agreement described in subsection (b) should be to
seek--
            (1) criteria that are consistent with the criteria
        described in section 6(b) for the approval of loans or other
        assistance by the Bank for countries that become countries of
        activity as a result of the implementation of the agreement;
        and
            (2) the establishment by the Bank of a credible mechanism
        to ensure that countries of activity that are not committed to
        the fundamental principles of multiparty democracy, pluralism,
        and market economics do not continue to benefit from the
        resources of the Bank.
    (b) Agreement Described.--An agreement described in this subsection
is an agreement to expand the use of the resources of the Bank for
countries located in the Middle East or North Africa, including through
an amendment to the Agreement Establishing the European Bank for
Reconstruction and Development.

SEC. 6. SUPPORT FOR LOANS AND OTHER ASSISTANCE PROVIDED BY THE BANK TO
              COUNTRIES OF ACTIVITY THAT MEET CERTAIN CRITERIA.

    (a) In General.--The Secretary of the Treasury should instruct the
United States Executive Director of the Bank to use the voice and vote
of the United States to oppose the approval of a loan or other
assistance from the Bank to a country of activity in the Middle East or
North Africa if the country does not meet the criteria described in
subsection (b).
    (b) Criteria Described.--A country of activity meets the criteria
described in this subsection if the government of the country--
            (1) requests the Bank to conduct activities in the country;
            (2) meets, or is demonstrably committed to meeting, the
        criteria set forth in Article 1 of the Agreement Establishing
        the European Bank for Reconstruction and Development, including
        a commitment to ``the principles of multiparty democracy,
        pluralism and market economics'';
            (3) demonstrates a commitment to free, fair, and inclusive
        elections that meet international standards;
            (4) has a public commitment to universally recognized human
        rights and freedoms, including freedom of religion,
        association, assembly, and expression, and demonstrates a
        commitment to respect those rights and freedoms in practice;
        and
            (5) implements, or is demonstrably committed to
        implementing, economic reforms that advance private sector
        growth, improve the investment climate, increase transparency,
        especially transparency in public finances, and foster job
        creation.
    (c) Consultations With Congress With Respect to New Countries of
Activity.--Not later than 10 days before a vote of the Board of
Directors or the Board of Governors of the Bank to approve a country
located in the Middle East or in North Africa as a new country of
activity, the Secretary of the Treasury shall--
            (1) notify the appropriate congressional committees of the
        vote; and
            (2) consult with those committees and describe to those
        committees how that country meets the criteria established by
        the Bank for being a country of activity.
    (d) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the fifth year
after such date of enactment, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report that
includes the following:
            (1) A description of the activities of the Bank in each
        country of activity that is located in the Middle East or in
        North Africa.
            (2) The assessment of the Bank with respect to the ongoing
        eligibility of each such country to receive assistance from the
        Bank.
            (3) A description of how the activities carried out by the
        Bank in each such country during the preceding year served to
        promote the functions of the Bank, as described in Article 2 of
        the Agreement Establishing the European Bank for Reconstruction
        and Development.
            (4) An assessment of--
                    (A) the extent to which the activities of the Bank
                are complementary to the activities of other
                international financial institutions operating in the
                Middle East and North Africa; and
                    (B) the extent of cooperation between the Bank and
                those other international financial institutions.
            (5) A list of any countries being considered to be new
        countries of activity.

SEC. 7. SUPPORT FOR CLEAR STANDARDS FOR GRADUATION OF COUNTRIES OF
              ACTIVITY.

    The Secretary of the Treasury should instruct the United States
Executive Director of the Bank to use the voice and vote of the United
States to seek the adoption by the Bank of clear standards for the
successful graduation of countries of activity if those countries have
substantially achieved the transition objectives of the Bank.

SEC. 8. AUTHORIZATION FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND
              DEVELOPMENT.

    (a) Findings.--Congress makes the following findings:
            (1) The request by the European Bank for Reconstruction and
        Development for subscription of capital is for callable shares
        only. Historically, callable shares, while requiring an
        authorization of funds, do not require an appropriation.
            (2) The International Programs Justification for
        Appropriations and Fiscal Year 2012 Budget Request of the
        Department of the Treasury for the European Bank for
        Reconstruction and Development is $0, stating that ``[t]his
        callable capital does not require appropriated funds''.
    (b) Authorization.--The European Bank for Reconstruction and
Development Act (section 562(c) of Public Law 101-531; 22 U.S.C. 290l
et seq.) is amended by adding at the end the following:
            ``(12) Capital increase.--
                    ``(A) Subscription authorized.--
                            ``(i) In general.--The United States
                        Governor of the Bank may subscribe on behalf of
                        the United States to not more than 90,044
                        additional callable shares of capital stock of
                        the Bank, in accordance with Resolution 128, as
                        adopted by the Board of Governors of the Bank
                        at the annual meeting in Zagreb, Croatia, on
                        May 14, 2010.
                            ``(ii) Condition.--Any subscription by the
                        United States to additional capital stock of
                        the Bank shall be effective only to such extent
                        and in such amounts as are provided for in
                        advance by appropriations Acts.
                    ``(B) Authorization of appropriations.--In order to
                pay for the increase in the United States subscription
                to capital stock of the Bank authorized under
                subparagraph (A), there are authorized to be
                appropriated $1,252,331,952, without fiscal year
                limitation, for payment by the Secretary of the
                Treasury.''.

SEC. 9. STATUS OF COUNTRIES AS CANDIDATE COUNTRIES UNDER THE MILLENNIUM
              CHALLENGE ACT OF 2003.

    Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C.
7705) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by amending the paragraph heading to
                        read as follows:
            ``(1) In general.--'';
                            (ii) in the matter preceding subparagraph
                        (A), by striking ``fiscal year 2004'' and
                        inserting ``any fiscal year'';
                            (iii) by amending subparagraph (A) to read
                        as follows:
                    ``(A) the country--
                            ``(i) has a per capita income that is not
                        greater than the World Bank's lower middle
                        income country threshold for such fiscal year;
                        and
                            ``(ii) is among the 75 lowest per capita
                        income countries, as identified by the World
                        Bank; and''; and
                            (iv) in subparagraph (B), by striking
                        ``subject to paragraph (3)'' and inserting
                        ``subject to paragraph (2)'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph
                (2);
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph
                        (A), by striking ``for fiscal year 2006 or a
                        subsequent fiscal year'' and inserting ``for
                        any fiscal year''; and
                            (ii) by striking subparagraphs (A) and (B)
                        and inserting the following:
                    ``(A) has a per capita income that is not greater
                than the World Bank's lower middle income country
                threshold for such fiscal year;
                    ``(B) is not among the 75 lowest per capita income
                countries as identified by the World Bank; and
                    ``(C) meets the requirements under subsection
                (a)(1)(B).''; and
                    (B) in paragraph (2)--
                            (i) by striking ``for fiscal year 2006 or
                        any subsequent fiscal year'' and inserting
                        ``for any fiscal year''; and
                            (ii) by striking ``for fiscal year 2006 or
                        the subsequent fiscal year, as the case may
                        be'' and inserting ``for such fiscal year'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following:
    ``(c) Maintaining Candidate Status.--Beginning in fiscal year 2012,
a country the per capita income of which changes during a fiscal year
so that the country no longer meets the requirements for being a
candidate country under subsection (a)(1) or (b)(1) shall,
notwithstanding that change in per capita income, continue to be
eligible to be a candidate country under subsection (a)(1) or (b)(1)
(as the case may be) during that fiscal year and the 3 fiscal years
thereafter to the same extent and in the same manner as if the per
capita income of the country had not changed.''.

Summary: Middle East and North Africa Transition and Development Act - States that it is US policy to: (1) support a democratic transition in the Middle East and North Africa, including Egypt and Tunisia. And (2) increase economic prosperity in that region through financial investment and technical assistance and by utilizing the resources of appropriate multilateral development banks. States that US negotiating objectives to expand the European Bank for Reconstruction and Development's (Bank) resources for countries in the Middle East or North Africa should be to seek: (1) specified lending criteria for loans or other Bank assistance for countries of activity , and (2) establishment of a Bank mechanism to ensure that countries of activity not committed to multiparty democracy and market economics do not benefit from Bank resources. Urges the Secretary of the Treasury to use US influence to: (1) oppose the approval of a loan or other Bank assistance to a country of activity in the Middle East or North Africa that does not meet specified criteria, and (2) seek the Bank's adoption of clear standards for the graduation of countries of activity that have substantially achieved required transition objectives. Amends the European Bank for Reconstruction and Development Act to authorize the US Governor of the Bank to subscribe to additional shares of Bank stock. Authorizes appropriations for such purpose. Amends the Millennium Challenge Act of 2003 to: (1) revise candidate country criteria, and (2) permit a country that no longer meets the requirements for being a candidate country because of per capita income changes in a fiscal year to maintain such candidate status during such fiscal year and the next three fiscal years.

A bill to support private sector development, employment growth, rule of law, democratic reform, and accountable government in qualified transition countries in the Middle East and North Africa through the authorization of the participation by the United States in the general capital increase of the European Bank for Reconstruction and Development, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Remediation Waste Act''.

SEC. 2. REMEDIATION WASTE MANAGEMENT.

    (a) In General.--Section 3004 of the Solid Waste Disposal Act is
amended by adding the following new subsection at the end thereof:
    ``(z) Remediation Waste Management.--
            ``(1) Definition.--As used in this subsection, the term
        `remediation waste' means all solid and hazardous wastes, and
        all media (including groundwater, surface water, soils, and
        sediments) and debris that contain listed hazardous wastes or
        that themselves exhibit a hazardous characteristic and are
        managed for implementing cleanup.
            ``(2) Coverage of subsection.--Nothing in this subsection
        shall apply to any solid waste that is not regulated under
        other provisions of this subtitle.
            ``(3) Alternative requirements.--As provided in this
        subsection the Administrator may provide alternative
        requirements for management of remediation waste in lieu of
        restrictions under this section or subsections (a) through (e)
        of section 3005 where appropriate. Such alternative
        requirements shall be protective of human health and the
        environment and shall, to the extent feasible, remove
        disincentives to remediation, streamline regulation, and
        achieve greater flexibility for State remediation programs. The
        Administrator may not use the authority of this paragraph to
        remove or diminish any existing waiver, variance, or exemption
        from otherwise applicable restrictions on the management of
        remediation waste.
            ``(4) EPA rules.--The rules promulgated by the
        Administrator on November 30, 1998 (63 FR 65874) and on
        February 16, 1993 (58 FR 8658), as modified on November 30,
        1998, shall be deemed to satisfy the requirements of paragraph
        (3) of this subsection and shall remain in effect unless the
        Administrator takes action under this subsection to modify such
        rules. The Administrator shall not publish any proposal to
        modify the rules referred to in this paragraph before
        submitting a Report to Congress identifying problems associated
        with the implementation of such rules. Any such report shall be
        prepared in consultation with State Governors and after notice
        and opportunity for public comment on a draft report.
            ``(5) Land disposal.--Notwithstanding any other provision
        of this subtitle or any rules adopted pursuant to this
        subtitle, placement of remediation waste in temporary units,
        staging piles, or corrective action management units designated
        under Federal or State authorities shall not be deemed to be
        engaging in land disposal (as defined in section 3004(k)) and
        shall not be subject to requirements under section 3004(d),
        (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7).
            ``(6) Additional flexibility and clarification.--
        Notwithstanding the rules referred to in paragraph (4), and
        where appropriate and protective of human health and the
        environment--
                    ``(A) temporary units and staging piles may also be
                designated at another location owned or operated by a
                person engaged in remediation at the first location to
                facilitate consolidated management of wastes;
            ``(B) corrective action management units at one remediation
        waste management site may be designated to receive remediation
        waste from another remediation waste management site; and
            ``(C) a staging pile may be designated and allow for mixing
        or blending for the primary purposes of consolidation or
        enhancement of subsequent waste management.
            ``(7) Authorization for remediation waste management
        activities.--
                    ``(A) Authorization mechanisms.--Notwithstanding
                any other provision of this subtitle, remediation waste
                management units or activities may be authorized
                through permits, interim status, orders, or other
                authorization available under this subtitle, subject to
                the applicable requirements of this subtitle. Where
                other provisions of Federal or State law waive the
                requirement for permits or interim status, remediation
                waste management activities or units are authorized
                under this paragraph.
                    ``(B) Effect of authorization.--No authorization,
                application for authorization, or activity authorized
                under this paragraph for remediation waste management
                shall itself subject a person to the requirements of
                section 3004(u), 3004(v) or section 3008(h).''.
    (b) Alternative State Remediation Waste Programs.--Section 3006 of
the Solid Waste Disposal Act is amended by adding the following at the
end thereof:
    ``(i) Alternative State Remediation Waste Programs.--
            ``(1) State submission.--
                    ``(A) Submission.--(i) At any time after the
                enactment of this subsection, a State or State agency
                may administer and enforce a program for management of
                remediation waste pursuant to a program authorized
under subsection (b) or (c) or under a program authorized under this
subsection.
                    ``(ii) A State or State agency may submit to the
                Administrator a demonstration, supported by such
                documentation as the State considers to be appropriate,
                that the State has an effective State program for the
                management of remediation wastes under this subsection
                which includes each of the following:
                            ``(I) Statutory and regulatory authority to
                        control the management of remediation wastes
                        from generation to disposal in a manner that
                        protects human health and the environment.
                            ``(II) Resources in place to administer and
                        enforce those authorities.
                            ``(III) Procedures to ensure public notice
                        and opportunity for comment as appropriate.
                    ``(B) Determination of approval.--
                            ``(i) In general.--Not later than 12 months
                        after the date on which a State submits to the
                        Administrator a demonstration under
                        subparagraph (A), after public notice and
                        opportunity for comment, the Administrator
                        shall issue to the State and publish in the
                        Federal Register a determination that--
                                    ``(I) the demonstration meets all
                                of the criteria in subparagraph (A),
                                and the State program is finally
                                authorized under this subsection; or
                                    ``(II) the demonstration fails to
                                meet one or more of the criteria stated
                                in subparagraph (A), stating with
                                particularity the elements of the State
                                program that are considered to be
                                deficient.
                            ``(ii) Untimely review.--If the
                        Administrator does not issue a determination
                        under clause (i) within 18 months after the
                        date on which a State submits to the
                        Administrator a demonstration under
                        subparagraph (A), the demonstration shall be
                        considered to meet all of the criteria stated
                        in subparagraph (A), and the State program
                        shall be treated as finally authorized under
                        this subsection.
            ``(2) Effect of authorization of state program.--Upon
        authorization of a State remediation waste management program
        under this subsection, such State may to carry out such program
        in lieu of the Federal program under this subtitle in such
        State unless such authorization is withdrawn as provided in
        subsection (e).''.

Summary: Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines remediation waste as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management. (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site. And (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program.

Brownfields Remediation Waste Act