SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helicopter Medical Services Patient
Safety, Protection, and Coordination Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Federal Aviation Administration is responsible for
        regulating civil aviation in the United States.
            (2) Each State is responsible for the regulation of public
        health planning and protection, patient safety and protection,
        emergency medical services, the quality and coordination of
        medical care, and the practice of medicine within its
        jurisdiction.
            (3) Helicopter medical services are an essential component
        of the health care delivery and emergency medical services
        system in each State and are integral to each State's
        management of public health planning and protection, patient
        safety and protection, emergency medical services, the quality
        and coordination of medical care, and the practice of medicine
        within the State's jurisdiction.
            (4) Existing or future regulation of helicopter medical
        services by the several States is in the public interest.
            (5) Helicopter medical services represent a unique and
        discrete area of air transportation because those services
        present issues involving the adequacy and availability of
        medical services to patients.
            (6) Court rulings and statutory interpretations issued by
        the Secretary of Transportation have imposed limitations on,
        impeded, or prevented, the ability of States to effectively
        regulate helicopter medical services in a manner similar to the
        regulation of other health care services by the States.
            (7) Those rulings and interpretations have concluded that
        certain State actions related to public health planning and
        protection, patient safety and protection, emergency medical
        services, the quality and coordination of medical care, and the
        practice of medicine, and related aspects of helicopter medical
        services, are preempted by Federal law, either pursuant to the
        preemption provisions of the Airline Deregulation Act of 1978
        (Public Law 95-504; 92 Stat. 1705) or through the application
        of the ``field occupation'' preemption doctrine.
            (8) The Airline Deregulation Act of 1978 did not
        contemplate helicopter medical services, and the use of the Act
        to strike down intrastate health-related regulations overseeing
        the provision of helicopter medical services that would
        otherwise be permissible with respect to any other segment of
        the health care industry is not in the public interest.
            (9) At the same time, it is also important to ensure that
        the Federal Aviation Administration's plenary and exclusive
        jurisdiction over matters of aviation safety is not infringed
        by any State. Accordingly, any State health-related regulation
        of helicopter medical services must be harmonized and shall not
        be inconsistent with Federal regulation of aviation safety
        because the safe operation of the helicopter medical services
        flight is of paramount importance.
            (10) Accordingly, there is a need for clarification of
        existing Federal law so that States may regulate helicopter
        medical services with respect to public health planning and
        protection, patient safety and protection, emergency medical
        services, the quality and coordination of medical care, and the
        practice of medicine without infringing on the Federal
        government's plenary power to regulate aviation safety.

SEC. 3. CLARIFICATION OF STATE AUTHORITY OVER HELICOPTER MEDICAL
              SERVICES.

    (a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40130. Clarification of State authority over helicopter medical
              services
    ``(a) Clarification of State Authority.--Nothing in this subtitle
shall prohibit a State from--
            ``(1) requiring medical licenses for the provision of
        helicopter medical services between locations within the State;
        or
            ``(2) prescribing regulations relating to the provision of
        such services if such regulations are prescribed pursuant to
        subsection (c), (d), or (e).
    ``(b) Applicability of Federal Aviation Safety Authority.--No State
health-related regulation established pursuant to this section shall
supersede or be inconsistent with any Federal operating requirement
with respect to aviation safety.
    ``(c) State Authority Over Medical Services.--A State may prescribe
regulations relating to the provision of helicopter medical services
with respect to the following:
            ``(1) The medical qualifications and medical training of
        helicopter medical personnel, except that a State may not
        impose any requirement with respect to a pilot.
            ``(2) The obligation of providers of helicopter medical
        services to comply with the health planning, patient safety,
        and medical service requirements of the State, including--
                    ``(A) coordination of the interrelationship,
                interaction, and agreements among providers of
                helicopter medical services, providers of other
                emergency medical services, providers of other medical
                transport services, referring entities, and medical
                institutions that receive patients transported by
                providers of helicopter medical services with respect
                to the transport of patients;
                    ``(B) demonstration of adequate capacity to provide
                helicopter medical services;
                    ``(C) demonstration of the need for new or expanded
                helicopter medical services;
                    ``(D) determinations with respect to the number and
                base location of helicopters used in the provision of
                helicopter medical services within the State or region
                of the State or the regulation of competition for
                specific markets within the State;
                    ``(E) affiliation with health care institutions;
                    ``(F) sanitation and infection control protocols;
                    ``(G) medical records requirements;
                    ``(H) quality of medical care requirements,
                including participation in patient safety and medical
                quality control efforts, such as peer review processes,
                utilization review, and error reporting systems; and
                    ``(I) the proffer of gifts of monetary value (other
                than training or educational programs) to referring
                entities (or personnel employed by such entities)
                within the State.
    ``(d) State Authority Over Medical Services Subject to
Harmonization Requirement.--A State may prescribe regulations relating
to the provision of helicopter medical services with respect to the
following, if such regulations are harmonized with, and do not infringe
upon, any applicable Federal operating requirements:
            ``(1) The establishment of appropriate medical criteria for
        determining the appropriate medical institution to receive a
        patient being transported from the scene at which the patient's
        injury or accident, or other event resulting in the need for
        medical services for the patient, occurred.
            ``(2) The specification of service requirements with
        respect to geographic areas within the State or during
        specified hours and days.
            ``(3) The coordination of flight requests for emergency
        helicopter medical services.
            ``(4) The compliance with accreditation requirements
        regarding medical services, except where such requirements
        infringe upon relevant Federal operating requirements.
            ``(5) The provision of emergency helicopter medical
        services to all persons for whom such services are medically
        necessary and appropriate.
    ``(e) State Authority Over Medical Services Subject to Consistency
Requirement.--
            ``(1) In general.--Subject to paragraph (2), a State may
        prescribe regulations relating to the provision of helicopter
        medical services with respect to the following, if such
        regulations are consistent with, and do not infringe upon, any
        applicable Federal operating requirements:
                    ``(A) The necessary medical equipment and supplies
                to be carried on board or affixed to the helicopter.
                    ``(B) The physical attributes of the helicopter--
                            ``(i) necessary for the provision of
                        quality medical care, including--
                                    ``(I) permanently installed climate
                                control systems capable of meeting
                                specified temperature settings;
                                    ``(II) a configuration that allows
                                adequate access to the patient, medical
                                equipment, and medical supplies by the
                                helicopter medical personnel;
                                    ``(III) use of materials in the
                                helicopter that are appropriate for
                                proper patient care;
                                    ``(IV) sufficient electrical supply
                                to support medical equipment without
                                compromising helicopter power; and
                                    ``(V) the ability of the helicopter
                                to transport a patient a certain
                                distance without refueling within the
                                State; and
                            ``(ii) necessary--
                                    ``(I) for the protection of
                                helicopter personnel, ground medical
                                personnel, and emergency response
                                personnel; and
                                    ``(II) to ensure that the
                                helicopter has no structural or
                                functional defects that may adversely
                                affect such personnel, such as by
                                requiring tailroter illumination for
                                loading patients at night or external
                                search lights.
                    ``(C) Communication capabilities enabling--
                            ``(i) the helicopter medical personnel to
                        communicate with emergency medical services and
                        public safety personnel and personnel at
                        medical institutions that receive patients
                        transported by providers of helicopter medical
                        services; and
                            ``(ii) the flightcrew to communicate with
                        the helicopter medical personnel, to the extent
                        that the communications do not interfere with
                        the safe operation of the flight.
            ``(2) Limitations.--
                    ``(A) Providers licensed in multiple states.--If a
                provider of helicopter medical services is licensed to
                provide such services in more than one State and the
                regulations established pursuant to this subsection by
                the States in which the provider is licensed are
                inconsistent, the provider shall comply with the most
                stringent of such regulations.
                    ``(B) Nondelegation requirement.--A State may not
                delegate authority provided under this subsection to a
                political subdivision of the State.
    ``(f) Interstate Agreements.--In regulating the provision of
helicopter medical services pursuant to this section, a State shall, if
necessary, establish regulations or negotiate mutual aid agreements
with adjacent States or providers of helicopter medical services in
adjacent States to ensure access to helicopter medical services across
State borders.
    ``(g) Definitions.--In this section:
            ``(1) Helicopter medical services.--The term `helicopter
        medical services' means the helicopter transport of a patient,
        in both emergency and nonemergency situations, as well as the
        medical services provided to such patient in the course of
        transport by such helicopter.
            ``(2) Federal operating requirements.--The term `Federal
        operating requirements' means requirements under part A of
        subtitle VII of title 49, United States Code, and Federal
        aviation regulations set forth in title 14, Code of Federal
        Regulations.
            ``(3) Referring entities.--The term `referring entity'
        means any entity that dispatches or provides a referral for a
        provider of helicopter medical services, such as a medical
        institution, an agency providing emergency medical services, or
        a first responder.''.
    (b) Conforming Amendment.--The table of sections at the beginning
of chapter 401 of title 49, United States Code, is amended by adding at
the end the following:

``40130. Clarification of State authority over intrastate helicopter
                            medical services.''.

Summary: Helicopter Medical Services Patient Safety, Protection, and Coordination Act - Authorizes states to regulate helicopter medical services with respect to: (1) the medical qualifications and training of helicopter medical personnel. And (2) the obligation of providers of helicopter medical services to comply with a state's health planning, patient safety, and medical service requirements. Prohibits states from imposing requirements on pilots. Authorizes states to regulate the following aspects of helicopter medical services to the extent such regulations are harmonized with applicable federal operating requirements: (1) establishment of criteria for determination of the appropriate medical institution to receive a transported patient. (2) specification of service requirements with respect to geographic areas within a state or during specified hours and days, (3) coordination of flight requests for emergency helicopter medical services. (4) compliance with medical services accreditation requirements, except where they infringe upon relevant federal operating requirements. And (5) provision of emergency helicopter medical services to all persons where needed. Authorizes a state to regulate certain aspects of helicopter medical services to the extent that such regulations are consistent with, and do not infringe upon, applicable federal operating requirements. Specifies among the aspects of helicopter medical services which states may regulate: (1) the necessary medical equipment and supplies to be carried on board or affixed to the helicopter. (2) the physical attributes of the helicopter necessary for the provision of quality medical care and for the protection of helicopter, ground medical, and emergency response personnel. And (3) specified communication capabilities among helicopter medical personnel and emergency medical services and public safety personnel, and between the flight crew and helicopter medical personnel. Requires a provider of helicopter medical services that is licensed in more than one state where state helicopter medical services regulations are inconsistent to comply with the most stringent regulation. Requires a state, if necessary, to establish regulations or negotiate mutual aid agreements with adjacent states, or providers of helicopter medical services in such states, to ensure access to such services across state borders.

A bill to recognize and clarify the authority of the States to regulate intrastate helicopter medical services, and for other purposes.


SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Definitions.--Section 8331 of title 5, United States Code, is
amended--
            (1) by striking out ``and'' at the end of paragraph (25);
            (2) by striking out the period at the end of paragraph (26)
        and inserting in lieu thereof a semicolon and ``and''; and
            (3) by adding at the end thereof the following new
        paragraph:
            ``(27) `fish and wildlife officer' means a law enforcement
        officer of the Refuge Division of the United States Fish and
        Wildlife Service of the Department of the Interior.''.
    (b) Deductions, Contributions, and Deposits.--Section 8334 of title
5, United States Code, is amended--
            (1) in subsection (a)(1), by striking out ``a law
        enforcement officer,'' and inserting in lieu thereof ``a law
        enforcement officer, a fish and wildlife officer''; and
            (2) in the table in subsection (c), by striking out ``and
        firefighter for firefighter service.'' and inserting in lieu
        thereof ``, firefighter for firefighter service, and a fish and
        wildlife officer for fish and wildlife service.''.
    (c) Immediate Retirement.--Section 8336(c)(1) of such title is
amended by striking out ``law enforcement officer or firefighter,'' and
inserting ``law enforcement officer, a firefighter, or a''.

SEC. 2. FEDERAL EMPLOYEES RETIREMENT SYSTEM.

    (a) Definitions.--Section 8401 of title 5, United States Code, is
amended--
            (1) by striking out ``and'' at the end of paragraph (31);
            (2) by striking out the period at the end of paragraph (32)
        and inserting in lieu thereof a semicolon and ``and''; and
            (3) by adding at the end thereof the following new
        paragraph:
            ``(33) `fish and wildlife officer' means a law enforcement
        officer of the Refuge Division of the United States Fish and
        Wildlife Service of the Department of the Interior.''.
    (b) Immediate Retirement.--Section 8412(a) of title 5, United
States Code, is amended--
            (1) in paragraph (1) by striking out ``or firefighter,''
        and inserting in lieu thereof ``firefighter, or fish and
        wildlife officer,''; and
            (2) in paragraph (2) by striking out ``or firefighter,''
        and inserting in lieu thereof ``firefighter, or fish and
        wildlife officer''.
    (c) Computation of Basic Annuity.--Section 8415(g)(2) of title 5,
United States Code, is amended in the sentence following subparagraph
(B) by inserting ``fish and wildlife officer,'' after ``firefighter,''.
    (d) Deductions.--Section 8422(a)(2) of title 5, United States Code,
is amended--
            (1) in subparagraph (A) by inserting ``fish and wildlife
        officer,'' after ``air traffic controller,''; and
            (2) in subparagraph (B) by inserting ``fish and wildlife
        officer,'' after ``air traffic controller,''.
    (e) Government Contributions.--Section 8423(a) of title 5, United
States Code, is amended--
            (1) in paragraph (1)(B)(i) by inserting ``fish and wildlife
        officer,'' after ``law enforcement officer,''; and
            (2) in paragraph (3)(A) by inserting ``fish and wildlife
        officer,'' after ``law enforcement officer,''.
    (f) Mandatory Separation.--Section 8425(b) of title 5, United
States Code, is amended in the second sentence by inserting ``or fish
and wildlife officer'' after ``law enforcement officer''.

SEC. 3. ADMINISTRATIVE PROVISIONS.

    (a) Employee Contributions.--Any individual who has served as a
fish and wildlife officer before the effective date of this Act, shall
have such service credited and annuities determined in accordance with
the amendments made by sections 1 and 2 of this Act, if such individual
makes payment into the Civil Service Retirement and Disability Fund of
an amount, determined by the Office of Personnel Management, which
would have been deducted and withheld from the basic pay of such
individual (including interest thereon) under chapters 83 and 84 of
title 5, United States Code, as if such amendments had been in effect
during the periods of such service.
    (b) Agency Contributions.--No later than 90 days after a payment
made by an individual under subsection (a), the Department of the
Interior shall make a payment into the Civil Service Retirement and
Disability Fund of an amount, determined by the Office of Personnel
Management, which would have been contributed as a Government
contribution (including interest thereon) under chapters 83 and 84 of
title 5, United States Code, for the service credited and annuities
determined for such individual, as if the amendments made by sections 1
and 2 of this Act had been in effect during the applicable periods of
service.
    (c) Regulations.--The Office of Personnel Management shall
determine the amount of interest to be paid under this section and may
promulgate regulations to carry out the provisions of this Act.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act and amendments made by this Act shall
take effect on the date occurring 90 days after the date of enactment
of this Act.

Summary: Amends Federal law to extend certain retirement-related provisions of the Civil Service and Federal Employees' Retirement Systems for Federal law enforcement officers to law enforcement officers of the Refuge Division of the United States Fish and Wildlife Service of the Department of the Interior.

A bill to amend chapters 83 and 84 of title 5, United States Code, to extend the civil service retirement provisions of such chapter which are applicable to law enforcement officers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Lock-Box Act of
2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) fiscal pressures will mount as an aging population
        increases the Government's obligations to provide retirement
        income and health services;
            (2) Social Security surpluses should be reserved for
        strengthening and preserving the Social Security Trust Funds;
        and
            (3) preserving Social Security surpluses would restore
        confidence in the long-term financial integrity of Social
        Security.
    (b) Purpose.--It is the purpose of this Act to prevent the Social
Security Trust Funds from being used for any purpose other than
providing retirement security.

SEC. 3. PROTECTION OF SOCIAL SECURITY TRUST FUNDS.

    (a) Protection of Social Security.--Title III of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
section:

                     ``lock-box for social security

    ``Sec. 316. (a) Lock-Box for Social Security.--
            ``(1) Concurrent resolutions on the budget.--
                    ``(A) In general.--It shall not be in order in the
                House of Representatives or the Senate to consider any
                concurrent resolution on the budget, or an amendment
                thereto or conference report thereon, that would set
                forth totals for any fiscal year with respect to the
                Social Security Trust Funds that are less than the
                totals of the Social Security Trust Funds for that
                fiscal year as calculated in accordance with a current
                services baseline.
                    ``(B) Exception.--(i) Subparagraph (A) shall not
                apply to the extent that a violation of such
                subparagraph would result from an assumption in the
                resolution, amendment, or conference report, as
                applicable, of an increase in outlays or a decrease in
                revenues and disbursements relative to the baseline
                underlying that resolution for social security reform
                legislation for any such fiscal year.
                    ``(ii) If a concurrent resolution on the budget, or
                an amendment thereto or conference report thereon,
                would be in violation of subparagraph (A) because of an
                assumption of an increase in outlays or a decrease in
                revenue relative to the baseline underlying that
                resolution for social security reform legislation for
                any such fiscal year, then that resolution shall
                include a statement identifying any such increase in
                outlays or decrease in revenues and disbursements.
            ``(2) Spending and tax legislation.--
                    ``(A) In general.--It shall not be in order in the
                House of Representatives or the Senate to consider any
                bill, joint resolution, amendment, motion, or
                conference report if--
                            ``(i) the enactment of that bill or
                        resolution, as reported;
                            ``(ii) the adoption and enactment of that
                        amendment; or
                            ``(iii) the enactment of that bill or
                        resolution in the form recommended in that
                        conference report,
                would cause the totals for any fiscal year covered by
                the most recently agreed to concurrent resolution on
                the budget with respect to the Social Security Trust
                Funds to be less than the totals of the Social Security
                Trust Funds for that fiscal year as calculated in
                accordance with the current services baseline.
                    ``(B) Exception.--Subparagraph (A) shall not apply
                to social security reform legislation.
    ``(b) Enforcement.--For purposes of enforcing any point of order
under subsection (a), the totals of the Social Security Trust Funds for
a fiscal year shall be the levels set forth in the later of the report
accompanying the concurrent resolution on the budget (or, in the
absence of such a report, placed in the Congressional Record prior to
the consideration of such resolution) or in the joint explanatory
statement of managers accompanying such resolution.
    ``(c) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the totals in the budget for each fiscal year set
forth in such resolution and of the revenues and disbursements in the
Social Security Trust Funds.
    ``(d) Definitions.--As used in this section, the term `social
security reform legislation' means a bill or a joint resolution to save
social security that includes a provision stating the following: `For
purposes of section 316(a) of the Congressional Budget Act of 1974,
this Act constitutes social security reform legislation.'.
    ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be required in
the Senate to sustain an appeal of the ruling of the Chair on a point
of order raised under this section.
    ``(f)  Effective Date.--This section shall cease to have any force
or effect upon the enactment of social security reform legislation.''.
    (b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by adding after the item for section 315 the following:

``Sec. 316. Lock-box for social security.''.

SEC. 4. PRESIDENT'S BUDGET.

    (a) Protection of Social Security.--If the budget of the United
States Government submitted by the President under section 1105(a) of
title 31, United States Code, recommends totals for any fiscal year
with respect to the Social Security Trust Funds that are less than the
totals of the Social Security Trust Funds for that fiscal year as
calculated in accordance with current services baseline, then it shall
include a detailed proposal for social security reform legislation.
    (b) Effective Date.--Subsection (a) shall cease to have any force
or effect upon the enactment of social security reform legislation as
defined by section 316(d) of the Congressional Budget Act of 1974.

Summary: Social Security Lock-Box Act of 2005 - Amends the Congressional Budget Act of 1974 to provide a point of order against consideration of any: (1) budget resolution that sets forth totals for any fiscal year with respect to the Social Security Trust Funds that are less than the totals of the Social Security Trust Funds for that fiscal year as calculated in accordance with a current services baseline. Or (2) spending or tax legislation that would cause any totals to be less than the Funds totals for the covered fiscal year. Makes the point of order described in (2) above inapplicable to Social Security reform legislation. Requires any Federal budget submitted by the President that recommends totals for any fiscal year with respect to the Funds that are less than the totals of the Funds for that fiscal year to include a detailed proposal for Social Security reform legislation. Makes this Act inapplicable upon the enactment of such legislation. Defines Social Security reform legislation as a bill or joint resolution to save Social Security that specifies that it constitutes reform legislation.

A bill to establish a procedure to safeguard the Social Security Trust Funds.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Troubled Asset Relief Program
Enhancement Act''.

SEC. 2. ENHANCED OVERSIGHT OF THE TARP.

    (a) In General.--Section 116 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5226) is amended--
            (1) in subsection (a)(1)(A)--
                    (A) in clause (iii), by striking ``and'' at the
                end;
                    (B) in clause (iv), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(v) public accountability for the
                        exercise of such authority, including with
                        respect to actions taken by those entities
                        participating in programs established under
                        this Act.''; and
            (2) in subsection (a)(2)--
                    (A) by redesignating subparagraph (C) as
                subparagraph (E); and
                    (B) by striking subparagraph (B) and inserting the
                following:
                    ``(B) Access to records.--
                            ``(i) In general.--Notwithstanding any
                        other provision of law, and for purposes of
                        reviewing the performance of the Troubled Asset
                        Relief Program, the Comptroller General shall
                        have access, upon request, to any information,
                        data, schedules, books, accounts, financial
                        records, reports, files, electronic
                        communications, or other papers, things, or
                        property belonging to or in use by the TARP,
                        any entity established by the Secretary under
                        this Act, or any entity participating in a
                        program established under the authority of this
                        Act, and to the officers, employees, directors,
                        independent public accountants, financial
                        advisors and any and all other agents and
                        representatives thereof, at such time as the
                        Comptroller General may request.
                            ``(ii) Verification.--The Comptroller
                        General shall be afforded full facilities for
                        verifying transactions with the balances or
                        securities held by, among others, depositories,
                        fiscal agents, and custodians.
                            ``(iii) Copies.--The Comptroller General
                        may make and retain copies of such books,
                        accounts, and other records as the Comptroller
                        General deems appropriate.
                    ``(C) Agreement by entities.--Each contract, term
                sheet, or other agreement between the Secretary or the
                TARP (or any TARP vehicle, officer, director, employee,
                independent public accountant, financial advisor, or
                other TARP agent or representative) and an entity
                participating in a program established under this Act
                shall provide for access by the Comptroller General in
                accordance with this section.
                    ``(D) Restriction on public disclosure.--
                            ``(i) In general.--The Comptroller General
                        may not publicly disclose proprietary or trade
                        secret information obtained under this section.
                            ``(ii) Exception for congressional
                        committees.--This subparagraph does not limit
                        disclosures to congressional committees or
                        members thereof having jurisdiction over any
                        private or public entity participating in a
                        program established under this Act.
                            ``(iii) Rule of construction.--Nothing in
                        this section shall be construed to alter or
                        amend the prohibitions against the disclosure
                        of trade secrets or other information
                        prohibited by section 1905 of title 18, United
                        States Code, or other applicable provisions of
                        law.''.
    (b) Authorization of Appropriation.--There is authorized to be
appropriated to the Comptroller General of the United States for each
of fiscal years 2010 and 2011 an additional amount not to exceed
$5,000,000 to cover any additional expenses incurred in carrying out
the responsibilities of the Comptroller General under section 116 of
the Emergency Economic Stabilization Act of 2008 with respect to the
Troubled Asset Relief Program.

Summary: Troubled Asset Relief Program Enhancement Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Comptroller General to oversee the performance of the Troubled Asset Relief Program (TARP) in meeting EESA purposes involving public accountability for the exercise of its authority. Grants the Comptroller General access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things, or property belonging to or in use by the TARP, any entity established by the Secretary under EESA, or any entity participating in a program established under EESA, and to any of their officers, employees, directors, independent public accountants, financial advisors and any and all other agents and representatives. Requires the Comptroller General to be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. Prohibits the Comptroller General from disclosing publicly any proprietary or trade secret information obtained under this Act.

To enhance the oversight authority of the Comptroller General of the United States with respect to expenditures under the Troubled Asset Relief Program.


SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Make Education
Local Act of 2018''.
    (b) Purpose.--The purposes of this Act are as follows:
            (1) To give States and local communities added flexibility
        and control to determine how to improve academic achievement
        and implement education policy.
            (2) To reduce the administrative costs and compliance
        burden of Federal education programs in order to focus Federal
        resources on improving academic achievement.
            (3) To ensure that States and communities are accountable
        to the public and to parents for advancing the academic
        achievement of all students, especially disadvantaged children.
    (c) Definitions.--
            (1) In general.--Except as otherwise provided, the terms
        used in this Act have the meanings given the terms in section
        9101 of the Elementary and Secondary Education Act of 1965 (20
        U.S.C. 7801 et seq.).
            (2) Other terms.--In this Act:
                    (A) Accountability.--The term ``accountability''
                means that public schools are answerable to parents and
                other taxpayers for the use of public funds and shall
                report student academic progress to parents and
                taxpayers regularly.
                    (B) State.--The term ``State'' has the meaning
                given such term in section 1122(e) of the Elementary
                and Secondary Education Act of 1965 (20 U.S.C.
                6332(e)).
                    (C) State management decision.--The term ``State
                management decision'' means a decision by a State, as
                determined by State Authorizing Officials or by
                referendum, to assume full management responsibility
                for the expenditure of Federal funds for certain
                eligible programs for the purpose of advancing, on a
                more comprehensive and effective basis, the educational
                policy of such State.
                    (D) State authorizing officials.--The term ``State
                Authorizing Officials'' means the State officials who
                shall authorize the submission of a State management
                decision, and any amendments thereto, on behalf of the
                State. Such officials shall include not less than 2 of
                the following:
                            (i) The governor of the State.
                            (ii) The highest elected education official
                        of the State, if any.
                            (iii) The legislature of the State.
                    (E) State designated officer.--The term ``State
                Designated Officer'' means the person designated by the
                State Authorizing Officials to submit to the Secretary,
                on behalf of the State, a State management decision,
                and any amendments thereto, and to function as the
                point-of-contact for the State for the Secretary and
                others relating to any responsibilities arising under
                this Act.

SEC. 2. STATE MANAGEMENT DECISION.

    (a) In General.--Each State is authorized to submit to the
Secretary a State management decision permitting the State to receive
Federal funds on a consolidated basis to manage the expenditure of such
funds to advance the educational policy of the State.
    (b) Programs Eligible for Consolidation and Permissible Use of
Funds.--
            (1) Scope.--A State may choose to include within the scope
        of the State management decision of the State any program for
        which Congress makes funds available to the State if the
        program is for a purpose described in the Elementary and
        Education Secondary Act of 1965 (20 U.S.C. 6301). A State may
        not include any program funded pursuant to the Individuals with
        Disabilities Education Act (20 U.S.C. 1400 et seq.).
            (2) Uses of funds.--Funds made available to a State
        pursuant to a State management decision under this Act shall be
        used for any educational purpose permitted by State law of the
        State submitting a State management decision.
            (3) Removal of fiscal and accounting barriers.--Each State
        educational agency that operates under a State management
        decision under this Act may modify or eliminate State fiscal
        and accounting barriers that prevent local educational agencies
        and schools from easily consolidating funds from other eligible
        Federal, State, and local sources in order to improve
        educational opportunities and reduce unnecessary fiscal and
        accounting requirements.
    (c) Contents of Decision.--Each State management decision shall
contain--
            (1) a list of eligible programs that are subject to the
        State management decision;
            (2) an assurance that the submission of the State
        management decision has been authorized by the State
        Authorizing Officials, specifying the identity of the State
        Designated Officer;
            (3) the duration of the State management decision;
            (4) an assurance that the State will use fiscal control and
        fund accounting procedures;
            (5) an assurance that the State will meet the requirements
        of applicable Federal civil rights laws in carrying out the
        State management decision and in consolidating and using the
        funds under the State management decision;
            (6) an assurance that in implementing the State management
        decision the State will seek to advance educational
        opportunities for the disadvantaged;
            (7) a description of the plan for maintaining direct
        accountability to parents and other citizens of the State;
            (8) an assurance that in implementing the State management
        decision, the State will seek to use Federal funds to
        supplement, rather than supplant, State education funding; and
            (9) a description of how the State will address
        persistently failing public schools.
    (d) Minimum Duration.--The duration of the State management
decision shall--
            (1) be greater than or equal to 5 years; and
            (2) be less than or equal to 10 years.
    (e) Review, Implementation, and Recognition by the Secretary.--
            (1) In general.--The Secretary shall review the State
        management decision received from the State Designated Officer
        not more than 60 days after the date of receipt of such
        decision, and shall approve, with respect to permitting the
        State to receive the funds described in subsection (a), such
        State management decision unless the State management decision
        fails to meet the requirements under subsection (c).
            (2) Recognition by operation of law.--If the Secretary
        fails to take action within the time specified in paragraph
        (1), the State management decision, as submitted, shall be
        deemed to be approved.
    (f) Amendment to State Management Decision.--
            (1) In general.--The State Authorizing Officials may direct
        the State Designated Officer to submit amendments to a State
        management decision that is in effect. Such amendments shall be
        submitted to the Secretary and considered by the Secretary in
        accordance with subsection (e).
            (2) Amendments authorized.--A State management decision
        that is in effect may be amended to--
                    (A) expand the scope of such State management
                decision to encompass additional eligible programs;
                    (B) reduce the scope of such State management
                decision by excluding coverage of a Federal program
                included in the original State management decision;
                    (C) modify the duration of such State management
                decision; or
                    (D) achieve such other modifications as the State
                Authorizing Officials deem appropriate.
            (3) Effective date.--The amendment shall specify an
        effective date. Such effective date shall provide adequate time
        to assure full compliance with Federal program requirements
        relating to an eligible program that has been removed from the
        coverage of the State management decision by the proposed
        amendment.
            (4) Treatment of program funds withdrawn from state
        management decision.--Beginning on the effective date of an
        amendment executed under paragraph (2)(B), each program
        requirement of each program removed from the State management
        decision shall apply to the State's use of funds made available
        under the program.

SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION.

    (a) In General.--Each State operating under a State management
decision under this Act shall inform parents and the general public
regarding the student achievement assessment system, demonstrating
student progress relative to the State's determination of student
proficiency, as described in paragraph (2), for the purpose of public
accountability to parents and taxpayers.
    (b) Accountability System.--
            (1) In general.--The State shall determine and establish an
        accountability system to ensure accountability under this Act.
            (2) Academic achievement.--Any accountability system
        established by a State pursuant paragraph (1) shall--
                    (A) be focused on the academic achievement of
                students; and
                    (B) include a system, as determined by the State,
                of evaluating the academic achievement and progress of
                students.
    (c) Report on Student Progress.--Not later than 1 year after the
effective date of the State management decision, and annually
thereafter, a State shall, in a format acceptable to such State,
disseminate widely to parents and the general public a report that
describes student progress. The report shall include--
            (1) student performance data disaggregated by various
        student groups, as determined by the State;
            (2) a description of other high-quality school options
        available to parents in the State; and
            (3) a description of how the State has used Federal funds
        to improve academic achievement, reduce achievement disparities
        between various student groups, and improve educational
        opportunities.

SEC. 4. ADMINISTRATIVE EXPENSES.

    (a) In General.--Except as provided in subsection (b), the amount
that a State with a State management decision may expend for
administrative expenses shall be limited to 1 percent of the aggregate
amount of Federal funds made available to the State through the
eligible programs included within the scope of such State management
decision.
    (b) States Not Consolidating Funds Under Part A of Title I.--If the
State management decision does not include within its scope part A of
title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.), the amount spent by the State on administrative
expenses shall be limited to 3 percent of the aggregate amount of
Federal funds made available to the State pursuant to such State
management decision.

SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS.

    Each State consolidating and using funds pursuant to a State
management decision under this Act shall provide for the participation
of private school children and teachers in the activities assisted
under the State management decision in the same manner as participation
is provided to private school children and teachers under section 9501
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).

Summary: Make Education Local Act of 2018 This bill authorizes each state thatnbsp. Submits to the Department of Education a state management decision to receive federal education funding on a consolidated basis. A state may use funding received pursuant to such a decision for any educational purpose. Each state management decision shall contain specified information, including: (1) a list of programs that are subject to the state management decision, and (2) a description of how the state will address persistently failing public schools. Each state operating under a state management decision shall: (1) establish an accountability system focused on assessing the academic achievement of students, (2) inform the public regarding the student-achievement assessment system, (3) report annuallynbsp, to parents and the general publicnbsp, on student progressnbsp, and other school options available innbsp. The state, and (4) provide for the equitable program participation of private-school children and teachers in the same manner as provided under current law.

Make Education Local Act of 2018


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``The Water
Recycling and Riverside-Corona Feeder Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
     TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE

Sec. 102. Short title.
Sec. 103. Inland Empire and Cucamonga Valley recycling projects.
      TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES

Sec. 201. Planning, design, and construction of the Riverside-Corona
                            Feeder.
Sec. 202. Project authorizations.

     TITLE I--THE INLAND EMPIRE REGIONAL WATER RECYCLING INITIATIVE

SEC. 102. SHORT TITLE.

    This title may be cited as the ``The Inland Empire Regional Water
Recycling Initiative''.

SEC. 103. INLAND EMPIRE AND CUCAMONGA VALLEY RECYCLING PROJECTS.

    (a) Recycling Projects.--The Reclamation Wastewater and Groundwater
Study and Facilities Act (Public Law 102-575, Title XVI; 43 U.S.C. 390h
et seq.) is amended by adding at the end the following:

``SEC. 1637. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Inland
Empire Utilities Agency, may participate in the design, planning, and
construction of the Inland Empire regional water recycling project
described in the report submitted under section 1606(c).
    ``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation and maintenance of the project described in
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.

``SEC. 1638. CUCAMONGA VALLEY WATER RECYCLING PROJECT.

    ``(a) In General.--The Secretary, in cooperation with the Cucamonga
Valley Water District, may participate in the design, planning, and
construction of the Cucamonga Valley Water District satellite recycling
plants in Rancho Cucamonga, California, to reclaim and recycle
approximately 2 million gallons per day of domestic wastewater.
    ``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the capital
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation and maintenance of the project described in
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000.''.
    (b) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 1636 the following:

``Sec. 1637. Inland Empire Regional Water Recycling Program.
``Sec. 1638. Cucamonga Valley Water Recycling Project.''.

      TITLE II--PROJECTS IN RIVERSIDE AND SAN BERNARDINO COUNTIES

SEC. 201. PLANNING, DESIGN, AND CONSTRUCTION OF THE RIVERSIDE-CORONA
              FEEDER.

    (a) In General.--The Secretary of the Interior, in cooperation with
the Western Municipal Water District, may participate in a project to
plan, design, and construct a water supply project, the Riverside-
Corona Feeder, which includes 20 groundwater wells and 28 miles of
pipeline in San Bernardino and Riverside Counties, California.
    (b) Agreements and Regulations.--The Secretary may enter into such
agreements and promulgate such regulations as are necessary to carry
out this section.
    (c) Federal Cost Share.--
            (1) Planning, design, construction.--The Federal share of
        the cost to plan, design, and construct the project described
        in subsection (a) shall be the lesser of 35 percent of the
        total cost of the project or $50,000,000.
            (2) Studies.--The Federal share of the cost to complete the
        necessary planning study associated with the project described
        in subsection (a) shall not exceed 50 percent of the total
        study cost.
    (d) In-Kind Services.--In-kind services performed by the Western
Municipal Water District shall be considered a part of the local cost
share to complete the project described in subsection (a).
    (e) Limitation.--Funds provided by the Secretary under this section
shall not be used for operation or maintenance of the project described
in subsection (a).

SEC. 202. PROJECT AUTHORIZATIONS.

    (a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:

``SEC. 163X. YUCAIPA VALLEY REGIONAL WATER SUPPLY RENEWAL PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the
Yucaipa Valley Water District, may participate in the design, planning,
and construction of projects to treat impaired surface water, reclaim
and reuse impaired groundwater, and provide brine disposal within the
Santa Ana Watershed described in the report submitted under section
1606.
    ``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.

``SEC. 163X. CITY OF CORONA WATER UTILITY, CALIFORNIA, WATER RECYCLING
              AND REUSE PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Corona Water Utility, California, is authorized to participate in
the design, planning, and construction of, and land acquisition for, a
project to reclaim and reuse wastewater, including degraded
groundwaters, within and outside of the service area of the City of
Corona Water Utility, California.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.''.
    (b) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 163_ the following:

``Sec. 163x. Yucaipa Valley Regional Water Supply Renewal Project.
``Sec. 163x. City of Corona Water Utility, California, water recycling
                            and reuse project.''.

Summary: Water Recycling and Riverside-Corona Feeder Act of 2006 - Inland Empire Regional Water Recycling Initiative - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior: (1) in cooperation with the Inland Empire Utilities Agency, to participate in the design, planning, and construction (design) of the Inland Empire regional water recycling project, California. (2) in cooperation with the Cucamonga Valley Water District, to participate in the design of the Cucamonga Valley Water District satellite recycling plants in Rancho Cucamonga to reclaim and recycle approximately two million gallons per day of domestic wastewater. (3) in cooperation with the Yucaipa Valley Water District, to participate in the design of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed. And (4) in cooperation with the City of Corona Water Utility, to participate in the design of, and land acquisition for, a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the City. Limits the federal cost share of each project to 25. Authorizes the Secretary, in cooperation with the Western Municipal Water District, to participate in a project to design the Riverside-Corona Feeder, which includes 20 groundwater wells and 28 miles of pipeline in San Bernardino and Riverside Counties, California. Limits the federal share of the project design and planning study costs.

A bill to encourage the Secretary of the Interior to participate in projects to plan, design, and construct water supply projects and to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to encourage the design, planning, and construction of projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal in the State of California.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Hospital GME Support
Reauthorization Act of 2006''.

SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
              GRADUATE MEDICAL EDUCATION PROGRAMS.

    (a) In General.--Section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
        (1) in subsection (a), by inserting ``and each of fiscal years
    2007 through 2011'' after ``for each of fiscal years 2000 through
    2005'';
        (2) in subsection (e)(1), by striking ``26'' and inserting
    ``12'';
        (3) in subsection (f)(1)(A)--
            (A) in clause (ii), by striking ``and'' at the end;
            (B) in clause (iii), by striking the period at the end and
        inserting ``; and''; and
            (C) by adding at the end the following:
                ``(iv) for each of fiscal years 2007 through 2011,
            $110,000,000.''; and
        (4) in subsection (f)(2)--
            (A) in the matter before subparagraph (A), by striking
        ``subsection (b)(1)(A)'' and inserting ``subsection
        (b)(1)(B)'';
            (B) in subparagraph (B), by striking ``and'' at the end;
            (C) in subparagraph (C), by striking the period at the end
        and inserting ``; and''; and
            (D) by adding at the end the following:
            ``(D) for each of fiscal years 2007 through 2011,
        $220,000,000.''.
    (b) Reduction in Payments for Failure To File Annual Report.--
Subsection (b) of section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
        (1) in paragraph (1), in the matter before subparagraph (A), by
    striking ``paragraph (2)'' and inserting ``paragraphs (2) and
    (3)''; and
        (2) by adding at the end the following:
        ``(3) Annual reporting required.--
            ``(A) Reduction in payment for failure to report.--
                ``(i) In general.--The amount payable under this
            section to a children's hospital for a fiscal year
            (beginning with fiscal year 2008 and after taking into
            account paragraph (2)) shall be reduced by 25 percent if
            the Secretary determines that--

                    ``(I) the hospital has failed to provide the
                Secretary, as an addendum to the hospital's application
                under this section for such fiscal year, the report
                required under subparagraph (B) for the previous fiscal
                year; or
                    ``(II) such report fails to provide the information
                required under any clause of such subparagraph.

                ``(ii) Notice and opportunity to provide missing
            information.--Before imposing a reduction under clause (i)
            on the basis of a hospital's failure to provide information
            described in clause (i)(II), the Secretary shall provide
            notice to the hospital of such failure and the Secretary's
            intention to impose such reduction and shall provide the
            hospital with the opportunity to provide the required
            information within a period of 30 days beginning on the
            date of such notice. If the hospital provides such
            information within such period, no reduction shall be made
            under clause (i) on the basis of the previous failure to
            provide such information.
            ``(B) Annual report.--The report required under this
        subparagraph for a children's hospital for a fiscal year is a
        report that includes (in a form and manner specified by the
        Secretary) the following information for the residency academic
        year completed immediately prior to such fiscal year:
                ``(i) The types of resident training programs that the
            hospital provided for residents described in subparagraph
            (C), such as general pediatrics, internal medicine/
            pediatrics, and pediatric subspecialties, including both
            medical subspecialties certified by the American Board of
            Pediatrics (such as pediatric gastroenterology) and non-
            medical subspecialties approved by other medical
            certification boards (such as pediatric surgery).
                ``(ii) The number of training positions for residents
            described in subparagraph (C), the number of such positions
            recruited to fill, and the number of such positions filled.
                ``(iii) The types of training that the hospital
            provided for residents described in subparagraph (C)
            related to the health care needs of different populations,
            such as children who are underserved for reasons of family
            income or geographic location, including rural and urban
            areas.
                ``(iv) The changes in residency training for residents
            described in subparagraph (C) which the hospital has made
            during such residency academic year (except that the first
            report submitted by the hospital under this subparagraph
            shall be for such changes since the first year in which the
            hospital received payment under this section), including--

                    ``(I) changes in curricula, training experiences,
                and types of training programs, and benefits that have
                resulted from such changes; and
                    ``(II) changes for purposes of training the
                residents in the measurement and improvement of the
                quality and safety of patient care.

                ``(v) The numbers of residents described in
            subparagraph (C) who completed their residency training at
            the end of such residency academic year and care for
            children within the borders of the service area of the
            hospital or within the borders of the State in which the
            hospital is located. Such numbers shall be disaggregated
            with respect to residents who completed residencies in
            general pediatrics or internal medicine/pediatrics,
            subspecialty residencies, and dental residencies.
            ``(C) Residents.--The residents described in this
        subparagraph are those who--
                ``(i) are in full-time equivalent resident training
            positions in any training program sponsored by the
            hospital; or
                ``(ii) are in a training program sponsored by an entity
            other than the hospital, but who spend more than 75 percent
            of their training time at the hospital.
            ``(D) Report to congress.--Not later than the end of fiscal
        year 2011, the Secretary, acting through the Administrator of
        the Health Resources and Services Administration, shall submit
        a report to the Congress--
                ``(i) summarizing the information submitted in reports
            to the Secretary under subparagraph (B);
                ``(ii) describing the results of the program carried
            out under this section; and
                ``(iii) making recommendations for improvements to the
            program.''.
    (c) Technical Amendments.--Section 340E of the Public Health
Service Act (42 U.S.C. 256e) is further amended--
        (1) in subsection (c)(2)(E)(ii), by striking ``described in
    subparagraph (C)(ii)'' and inserting ``applied under section
    1886(d)(3)(E) of the Social Security Act for discharges occurring
    during the preceding fiscal year'';
        (2) in subsection (e)(2), by striking the first sentence; and
        (3) in subsection (e)(3), by striking ``made to pay'' and
    inserting ``made and pay''.

                               Speaker of the House of Representatives.

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

Summary: Children's Hospital GME Support Reauthorization Act of 2006 - Amends the Public Health Service Act to: (1) require the Secretary of Health and Human Services to make payments for FY2007-FY2011 to children's hospitals for expenses associated with operating approved graduate medical residency training programs. And (2) decrease from 26 to 12 the number of interim payments to hospitals per fiscal year. Requires a 25 reduction in the amount payable for residency training programs for children's hospitals that do not provide an annual report to the Secretary for the previous fiscal year or that do not provide an annual report that includes all of the required information. Requires an annual report to include: (1) the types of residency training programs that the hospital provided for residents, (2) the number of training positions for residents. (3) the changes the hospital made in residency training for residents during the academic year. And (4) the number of residents who completed their residency training at the end of the academic year and care for children within the borders of the service area of the hospital or within the state. Requires the Secretary to provide notice and an opportunity for a hospital to provide additional information before imposing the reduction. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to report to Congress on the residency training programs.

To amend the Public Health Service Act to reauthorize support for graduate medical education programs in children's hospitals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable Housing Preservation and
Revitalization Act of 2009''.

SEC. 2. AFFORDABLE HOUSING PRESERVATION AND REVITALIZATION PROGRAM.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by adding at the end the following:
    ``(ff) Affordable Housing Preservation and Revitalization
Program.--
            ``(1) In general.--The Secretary of Housing and Urban
        Development shall ensure that funds in the residual receipts
        account of an eligible multifamily housing property are
        transferred, at the time of a qualified sale or exchange, to a
        preservation entity.
            ``(2) Purpose.--The purpose of this subsection is to
        facilitate the transfer of multifamily housing projects with
        expiring housing assistance payments contracts to preservation
        entities that are committed to maintaining the affordability
        and preservation of such projects by allowing expanded access
        to existing residual receipts to assist with the acquisition
        and rehabilitation of the project.
            ``(3) Use of funds.--A preservation entity that acquires an
        eligible multifamily housing property through a qualified sale
        shall, subject to the approval of the housing agency, use the
        funds in the residual receipts account transferred to it, or
        for its benefit--
                    ``(A) to pay for rehabilitation costs approved by
                the housing agency;
                    ``(B) to deposit funds into the replacement reserve
                account of the property;
                    ``(C) to pay for social and other services that
                directly benefit the tenants of such property, but in
                any 1 year such payments may not exceed 10 percent of
                the balance of the residual receipts account of the
                property at the end of the prior fiscal year;
                    ``(D) to pay for costs associated with the
                acquisition of the property, but such payments may not
                exceed 50 percent of the amount in the residual
                receipts account of the property at the time of
                acquisition; and
                    ``(E) to pay for any other costs that have been
                approved by the housing agency and will directly
                benefit the tenants of the property.
            ``(4) Definitions.--In this subsection, the following
        definitions shall apply:
                    ``(A) Affordability and use restrictions.--The term
                `affordability and use restrictions' means the
                affordability and use restrictions in connection with
                project-based housing assistance payments made under
                this section.
                    ``(B) Extended use period.--The term `extended use
                period' means the later of--
                            ``(i) 30 years after the close of the sale
                        of an eligible multifamily housing property to
                        a preservation entity, or
                            ``(ii) upon the expiration of the remaining
                        useful life of the eligible multifamily
                        property taking into account any rehabilitation
                        undertaken in connection with the acquisition
                        of said property by the preservation entity, as
                        such remaining useful life is determined by the
                        housing agency,
                provided that, such extended use period shall terminate
                in the event that the Secretary of Housing and Urban
                Development is unable to provide Section 8 assistance
                on terms at least as advantageous to the preservation
                entity as exist at the time of the acquisition of such
                eligible multifamily housing property.
                    ``(C) Eligible multifamily housing property.--The
                term `eligible multifamily housing property' means a
                project that--
                            ``(i) is receiving project-based housing
                        assistance payments under this section; and
                            ``(ii) was financed pursuant to part 883 of
                        title 24, Code of Federal Regulations, on or
                        after February 29, 1980.
                    ``(D) Housing agency.--The term `housing agency'
                means, with respect to any eligible multifamily housing
                property, the housing agency which administers housing
                assistance with respect to such property.
                    ``(E) Preservation entity.--The term `preservation
                entity' means an entity--
                            ``(i) that is--
                                    ``(I) a nonprofit corporation under
                                State law that is exempt from Federal
                                income taxation pursuant to paragraph
                                (3) or (4) of section 501(c) of the
                                Internal Revenue Code of 1986; or
                                    ``(II) a limited partnership or
                                limited liability company where the
                                sole general partner or sole managing
                                member of such ownership entity is a
                                nonprofit corporation under State law
                                which is exempt from Federal income
                                taxation pursuant to paragraphs (3) or
                                (4) of section 501(c) of the Internal
                                Revenue Code of 1986; and
                            ``(ii) approved by the housing agency that
                        has the capacity to acquire and preserve an
                        eligible multifamily housing property.
                    ``(F) Qualified sale.--
                            ``(i) In general.--The term `qualified
                        sale' means the sale of an eligible multifamily
                        housing property to a preservation entity which
                        agrees to maintain affordability and use
                        restrictions regarding the property that are--
                                    ``(I) for a term of not less than
                                the extended use period; and
                                    ``(II) legally enforceable.
                            ``(ii) Future applicability of
                        restrictions.--The restrictions under
                        subparagraph (A) shall be--
                                    ``(I) binding on all successors and
                                assigns of the preservation entity; and
                                    ``(II) recorded as a restrictive
                                covenant on the property pursuant to
                                State law.
                    ``(G) Residual receipts.--The term `residual
                receipts' means--
                            ``(i) funds generated by a property in
                        excess of the amount needed for operating
                        expenses, operating reserve requirements, and
                        allowable distributions to project owners; and
                            ``(ii) includes any other funds that the
                        Secretary, in his or her discretion, designates
                        as residual receipts.
            ``(5) Residual receipts not treated as federal funds.--For
        the purposes of section 42 of the Internal Revenue Code of
        1986, residual receipts used or transferred under this section
        shall not be considered Federal funds.''.

Summary: Affordable Housing Preservation and Revitalization Act of 2009 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities. Requires that funds in the residual receipts account be used, subject to housing agency approval, to: (1) pay for rehabilitation costs approved by the housing agency, (2) deposit funds into the property's replacement reserve account. And (3) pay for social and other services, associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants. Defines preservation entity as: (1) a nonprofit tax-exempt corporation. Or (2) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit tax-exempt corporation. And (3) that has the capacity to acquire and preserve an eligible multifamily housing property. States that, for purposes of the low-income housing credit under the Internal Revenue Code, residual receipts used or transferred under this Act shall not be considered federal funds.

A bill to allow for the use of existing section 8 housing funds so as to preserve and revitalize affordable housing options for low-income individuals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of Homes, Small
Businesses, and Private Property Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The protection of homes, small businesses, and other
        private property rights against government seizures and other
        unreasonable government interference is a fundamental principle
        and core commitment of our Nation's Founders.
            (2) As Thomas Jefferson wrote on April 6, 1816, the
        protection of such rights is ``the first principle of
        association, the guarantee to every one of a free exercise of
        his industry, and the fruits acquired by it''.
            (3) The Fifth Amendment of the United States Constitution
        specifically provides that ``private property'' shall not ``be
        taken for public use without just compensation''.
            (4) The Fifth Amendment thus provides an essential
        guarantee of liberty against the abuse of the power of eminent
        domain, by permitting government to seize private property only
        ``for public use''.
            (5) On June 23, 2005, the United States Supreme Court
        issued its decision in Kelo v. City of New London, No. 04-108.
            (6) As the Court acknowledged, ``it has long been accepted
        that the sovereign may not take the property of A for the sole
        purpose of transferring it to another private party B'', and
        that under the Fifth Amendment, the power of eminent domain may
        be used only ``for public use''.
            (7) The Court nevertheless held, by a 5-4 vote, that
        government may seize the home, small business, or other private
        property of one owner, and transfer that same property to
        another private owner, simply by concluding that such a
        transfer would benefit the community through increased economic
        development.
            (8) The Court's decision in Kelo is alarming because, as
        Justice O'Connor accurately noted in her dissenting opinion,
        joined by the Chief Justice and Justices Scalia and Thomas, the
        Court has ``effectively . . . delete[d] the words `for public
        use' from the Takings Clause of the Fifth Amendment'' and
        thereby ``refus[ed] to enforce properly the Federal
        Constitution''.
            (9) Under the Court's decision in Kelo, Justice O'Connor
        warns, ``[t]he specter of condemnation hangs over all property.
        Nothing is to prevent the State from replacing any Motel 6 with
        a Ritz-Carlton, any home with a shopping mall, or any farm with
        a factory''.
            (10) Justice O'Connor further warns that, under the Court's
        decision in Kelo, ``[a]ny property may now be taken for the
        benefit of another private party'', and ``the fallout from this
        decision will not be random. The beneficiaries are likely to be
        those citizens with disproportionate influence and power in the
        political process, including large corporations and development
        firms. As for the victims, the government now has license to
        transfer property from those with fewer resources to those with
        more. The Founders cannot have intended this perverse result''.
            (11) As an amicus brief filed by the National Association
        for the Advancement of Colored People, AARP, and other
        organizations noted, ``[a]bsent a true public use requirement
        the takings power will be employed more frequently. The takings
        that result will disproportionately affect and harm the
        economically disadvantaged and, in particular, racial and
        ethnic minorities and the elderly''.
            (12) It is appropriate for Congress to take action,
        consistent with its limited powers under the Constitution, to
        restore the vital protections of the Fifth Amendment and to
        protect homes, small businesses, and other private property
        rights against unreasonable government use of the power of
        eminent domain.
            (13) It would also be appropriate for States to take action
        to voluntarily limit their own power of eminent domain. As the
        Court in Kelo noted, ``nothing in our opinion precludes any
        State from placing further restrictions on its exercise of the
        takings power''.

SEC. 3. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER PRIVATE
              PROPERTY RIGHTS.

    (a) In General.--The power of eminent domain shall be available
only for public use.
    (b) Public Use.--In this Act, the term ``public use'' shall not be
construed to include economic development.
    (c) Application.--This Act shall apply to--
            (1) all exercises of eminent domain power by the Federal
        Government; and
            (2) all exercises of eminent domain power by State and
        local government through the use of Federal funds.

Summary: Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds.

To protect homes, small businesses, and other private property rights, by limiting the power of eminent domain.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Miners Pension Protection Act''.

SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN.

    (a) In General.--Subsection (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232), as amended
by the Further Continuing and Security Assistance Appropriations Act,
2017, is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Additional amounts.--
                    ``(A) Calculation.--If the dollar limitation
                specified in paragraph (3)(A) exceeds the aggregate
                amount required to be transferred under paragraphs (1)
                and (2) for a fiscal year, the Secretary of the
                Treasury shall transfer an additional amount equal to
                the difference between such dollar limitation and such
                aggregate amount to the trustees of the 1974 UMWA
                Pension Plan to pay benefits required under that plan.
                    ``(B) Cessation of transfers.--The transfers
                described in subparagraph (A) shall cease as of the
                first fiscal year beginning after the first plan year
                for which the funded percentage (as defined in section
                432(i)(2) of the Internal Revenue Code of 1986) of the
                1974 UMWA Pension Plan is at least 100 percent.
                    ``(C) Prohibition on benefit increases, etc.--
                During a fiscal year in which the 1974 UMWA Pension
                Plan is receiving transfers under subparagraph (A), no
                amendment of such plan which increases the liabilities
                of the plan by reason of any increase in benefits, any
                change in the accrual of benefits, or any change in the
                rate at which benefits become nonforfeitable under the
                plan may be adopted unless the amendment is required as
                a condition of qualification under part I of subchapter
                D of chapter 1 of the Internal Revenue Code of 1986.
                    ``(D) Treatment of transfers for purposes of
                withdrawal liability under erisa.--The amount of any
                transfer made under subparagraph (A) (and any earnings
                attributable thereto) shall be disregarded in
                determining the unfunded vested benefits of the 1974
                UMWA Pension Plan and the allocation of such unfunded
                vested benefits to an employer for purposes of
                determining the employer's withdrawal liability under
                section 4201 of the Employee Retirement Income Security
                Act of 1974.
                    ``(E) Requirement to maintain contribution rate.--A
                transfer under subparagraph (A) shall not be made for a
                fiscal year unless the persons that are obligated to
                contribute to the 1974 UMWA Pension Plan on the date of
                the transfer are obligated to make the contributions at
                rates that are no less than those in effect on the date
                which is 30 days before the date of enactment of the
                Miners Pension Protection Act.
                    ``(F) Enhanced annual reporting.--
                            ``(i) In general.--Not later than the 90th
                        day of each plan year beginning after the date
                        of enactment of the Miners Pension Protection
                        Act, the trustees of the 1974 UMWA Pension Plan
                        shall file with the Secretary of the Treasury
                        or the Secretary's delegate and the Pension
                        Benefit Guaranty Corporation a report
                        (including appropriate documentation and
                        actuarial certifications from the plan actuary,
                        as required by the Secretary of the Treasury or
                        the Secretary's delegate) that contains--
                                    ``(I) whether the plan is in
                                endangered or critical status under
                                section 305 of the Employee Retirement
                                Income Security Act of 1974 and section
                                432 of the Internal Revenue Code of
                                1986 as of the first day of such plan
                                year;
                                    ``(II) the funded percentage (as
                                defined in section 432(i)(2) of such
                                Code) as of the first day of such plan
                                year, and the underlying actuarial
                                value of assets and liabilities taken
                                into account in determining such
                                percentage;
                                    ``(III) the market value of the
                                assets of the plan as of the last day
                                of the plan year preceding such plan
                                year;
                                    ``(IV) the total value of all
                                contributions made during the plan year
                                preceding such plan year;
                                    ``(V) the total value of all
                                benefits paid during the plan year
                                preceding such plan year;
                                    ``(VI) cash flow projections for
                                such plan year and either the 6 or 10
                                succeeding plan years, at the election
                                of the trustees, and the assumptions
                                relied upon in making such projections;
                                    ``(VII) funding standard account
                                projections for such plan year and the
                                9 succeeding plan years, and the
                                assumptions relied upon in making such
                                projections;
                                    ``(VIII) the total value of all
                                investment gains or losses during the
                                plan year preceding such plan year;
                                    ``(IX) any significant reduction in
                                the number of active participants
                                during the plan year preceding such
                                plan year, and the reason for such
                                reduction;
                                    ``(X) a list of employers that
                                withdrew from the plan in the plan year
                                preceding such plan year, and the
                                resulting reduction in contributions;
                                    ``(XI) a list of employers that
                                paid withdrawal liability to the plan
                                during the plan year preceding such
                                plan year and, for each employer, a
                                total assessment of the withdrawal
                                liability paid, the annual payment
                                amount, and the number of years
                                remaining in the payment schedule with
                                respect to such withdrawal liability;
                                    ``(XII) any material changes to
                                benefits, accrual rates, or
                                contribution rates during the plan year
                                preceding such plan year;
                                    ``(XIII) any scheduled benefit
                                increase or decrease in the plan year
                                preceding such plan year having a
                                material effect on liabilities of the
                                plan;
                                    ``(XIV) details regarding any
                                funding improvement plan or
                                rehabilitation plan and updates to such
                                plan;
                                    ``(XV) the number of participants
                                and beneficiaries during the plan year
                                preceding such plan year who are active
                                participants, the number of
                                participants and beneficiaries in pay
                                status, and the number of terminated
                                vested participants and beneficiaries;
                                    ``(XVI) the information contained
                                on the most recent annual funding
                                notice submitted by the plan under
                                section 101(f) of the Employee
                                Retirement Income Security Act of 1974;
                                    ``(XVII) the information contained
                                on the most recent Department of Labor
                                Form 5500 of the plan; and
                                    ``(XVIII) copies of the plan
                                document and amendments, other
                                retirement benefit or ancillary benefit
                                plans relating to the plan and
                                contribution obligations under such
                                plans, a breakdown of administrative
                                expenses of the plan, participant
                                census data and distribution of
                                benefits, the most recent actuarial
                                valuation report as of the plan year,
                                copies of collective bargaining
                                agreements, and financial reports, and
                                such other information as the Secretary
                                of the Treasury or the Secretary's
                                delegate, in consultation with the
                                Secretary of Labor and the Director of
                                the Pension Benefit Guaranty
                                Corporation, may require.
                            ``(ii) Electronic submission.--The report
                        required under clause (i) shall be submitted
                        electronically.
                            ``(iii) Information sharing.--The Secretary
                        of the Treasury or the Secretary's delegate
                        shall share the information in the report under
                        clause (i) with the Secretary of Labor.
                            ``(iv) Penalty.--Any failure to file the
                        report required under clause (i) on or before
                        the date described in such clause shall be
                        treated as a failure to file a report required
                        to be filed under section 6058(a) of the
                        Internal Revenue Code of 1986, except that
                        section 6652(e) of such Code shall be applied
                        with respect to any such failure by
                        substituting `$100' for `$25'. The preceding
                        sentence shall not apply if the Secretary of
                        the Treasury or the Secretary's delegate
                        determines that reasonable diligence has been
                        exercised by the trustees of such plan in
                        attempting to timely file such report.
                    ``(G) 1974 umwa pension plan defined.--For purposes
                of this paragraph, the term `1974 UMWA Pension Plan'
                has the meaning given the term in section 9701(a)(3) of
                the Internal Revenue Code of 1986, but without regard
                to the limitation on participation to individuals who
                retired in 1976 and thereafter.''.
    (b) Effective Dates.--
            (1) In general.--The amendments made by this section shall
        apply to fiscal years beginning after September 30, 2016.
            (2) Reporting requirements.--Section 402(i)(4)(F) of the
        Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
        1232(i)(4)(F)), as added by this section, shall apply to plan
        years beginning after the date of the enactment of this Act.

SEC. 3. CUSTOMS USER FEES.

    (a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)), as amended
by section 105(a) of the Health Benefits for Miners Act of 2017, is
amended by striking ``January 14, 2026'' and inserting ``May 13,
2026''.
    (b) Rate for Merchandise Processing Fees.--Section 503 of the
United States-Korea Free Trade Agreement Implementation Act (Public Law
112-41; 19 U.S.C. 3805 note), as amended by section 105(b) of the
Health Benefits for Miners Act of 2017, is amended by striking
``January 14, 2026'' and inserting ``May 13, 2026''.

Summary: Miners Pension Protection Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to transfer certain funds to the 1974 United Mine Workers of America (UMWA) Pension Plan to provide pension benefits to retired coal miners and their families. The Department of the Treasury must transfer additional funds to the 1974 UMWA Pension Plan to pay pension benefits required under that plan if the amounts available for transfer under SMCRA's $490 million annual limit exceed the amounts required to be transferred for other purposes . The bill also: (1) prohibits the pension plan from making certain changes to benefits during any year in which a transfer is received, and (2) establishes additional reporting requirements for the plan. As an offset, the bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority of Treasury to collect certain customs user fees.

Miners Pension Protection Act