SECTION 1. INDEPENDENT SAFETY ASSESSMENT.

    Not later than 6 months after the date of enactment of this Act,
the Nuclear Regulatory Commission shall transmit to the Congress a
report containing the results of--
            (1) a focused, in-depth Independent Safety Assessment of
        the design, construction, maintenance, and operational safety
        performance of the systems at the Indian Point Energy Center,
        Units 2 and 3, located in Westchester County, New York,
        including the systems described in section 2; and
            (2) a comprehensive evaluation of the radiological
        emergency plan for Indian Point Energy Center, Units 2 and 3,
        conducted by the Nuclear Regulatory Commission and the
        Department of Homeland Security, which shall include--
                    (A) a detailed explanation of the factual basis
                upon which the Nuclear Regulatory Commission and the
                Federal Emergency Management Agency relied in--
                            (i) approving the radiological emergency
                        plan; and
                            (ii) making subsequent annual findings of
                        reasonable assurance that the plan will
                        adequately protect the public in the event of
                        an emergency, beginning on July 25, 2003 and
                        continuing to the present;
                    (B) a detailed response to each of the criticisms
                of the radiological emergency plan contained in the
                Review of Emergency Preparedness of Areas Adjacent to
                Indian Point and Millstone, published by James Lee Witt
                Associates on January 10, 2003; and
                    (C) a detailed explanation of what criteria the
                Nuclear Regulatory Commission and Department of
                Homeland Security use in determining whether or not
                reasonable assurance can be provided that the
                radiological emergency plan is adequate to protect
                public health and safety, including what threshold
                figures of injuries and fatalities these agencies
                consider acceptable or tolerable in the event of a
                nuclear accident.

SEC. 2. SYSTEMS.

    The systems referred to in section 1(1) are the following:
            (1) The reactor protection system.
            (2) The control room ventilation system and the containment
        ventilation system.
            (3) The 4.16 kv electrical system.
            (4) The condensate system.
            (5) The spent fuel storage systems.

SEC. 3. INDEPENDENT SAFETY ASSESSMENT TEAM.

    The Independent Safety Assessment conducted at Indian Point Nuclear
Power Plant shall be conducted by an Independent Safety Assessment Team
with 25 members, comprised of--
            (1) 16 members from the Nuclear Regulatory Commission who
        are unaffiliated with the Nuclear Regulatory Commission Region
        1 office or the Nuclear Regulatory Commission Office of Nuclear
        Reactor Regulation;
            (2) 6 independent contractors with no history of having
        worked for or at the Indian Point Energy Center or any other
        nuclear power plant owned or operated by Entergy Corporation;
            (3) the President of New York State Energy and Research
        Development Authority or his designee;
            (4) the Director of the Bureau of Hazardous Waste and
        Radiation Management, in the Division of Solid and Hazardous
        Materials of the New York State Department of Environmental
        Conservation, or his designee; and
            (5) a New York State-appointed independent contractor with
        experience in system engineering and no history of affiliation
        with any nuclear power plant owned by Entergy Corporation.

SEC. 4. INDEPENDENT SAFETY ASSESSMENT MONITORING.

    The Independent Safety Assessment conducted at Indian Point Nuclear
Energy Center shall be monitored by--
            (1) an Independent Safety Assessment Observation Group
        comprised of 4 officials appointed by the State of New York;
        and
            (2) an Independent Safety Assessment Citizens' Review Team
        comprised of 5 individuals appointed by the State of New York,
        with one resident from each Emergency Planning Zone county
        (Westchester, Rockland, Putnam, and Orange) appointed in
        consultation with the respective County Executive.
The Independent Safety Assessment Observation Group and Independent
Safety Assessment Citizens' Review Team shall frequently provide
publicly available updates on the progress and conduct of the
Independent Security Assessment to the Governor of New York.

SEC. 5. INDEPENDENT SAFETY ASSESSMENT MODEL.

    The Independent Safety Assessment conducted at Indian Point Energy
Center shall be equal in scope, depth, and breadth to the Independent
Safety Assessment of the Maine Yankee Nuclear Power Plant, located near
Bath, Maine, conducted by the Nuclear Regulatory Commission in 1996.

SEC. 6. INCORPORATION INTO RELICENSING PROCESS.

    The final decision by the Nuclear Regulatory Commission as to
whether to renew the operating licenses for Unit 2 or Unit 3 at the
Indian Point Energy Center shall not be made until--
            (1) the Nuclear Regulatory Commission has fully entered the
        complete report and findings of the Independent Safety
        Assessment into the administrative record of the license
        renewal proceeding for Unit 2 and Unit 3 at the Indian Point
        Energy Center; and
            (2) the applicant has fully accepted and implemented all
        findings and recommendations of the Independent Safety
        Assessment, including--
                    (A) undertaking all recommended repairs;
                    (B) replacement of safety-related equipment;
                    (C) changes to monitoring plans; and
                    (D) revision of the radiological emergency
                preparedness plans as called for in the report.
The applicant shall not be allowed to operate the reactors past the
expiration date of its current operating licenses for Unit 2 and Unit 3
through administrative license renewals or any other means prior to
meeting the requirements in paragraph (1) and paragraph (2) of this
section.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Nuclear Regulatory
Commission to carry out this Act $10,000,000 for fiscal year 2008, to
remain available until expended.

Summary: Directs the Nuclear Regulatory Commission (NRC) to report to Congress regarding: (1) a focused, in-depth Independent Safety Assessment of the design, construction, maintenance, and operational safety performance of certain systems at the Indian Point Energy Center, Units 2 and 3, Westchester County, New York. And (2) a comprehensive evaluation of the radiological emergency plan for the Center, conducted by the NRC and the Department of Homeland Security. Requires that such Independent Safety Assessment be: (1) conducted by an Independent Safety Assessment Team. (2) monitored by an Independent Safety Assessment Observation Group and by an Independent Safety Assessment Citizens' Review Team. And (3) equal in scope, depth, and breadth to the Independent Safety Assessment of the Maine Yankee Nuclear Power Plant, located near Bath, Maine, conducted by the NRC in 1996. Prescribes conditions for a final NRC decision to renew the operating licenses for Units 2 and 3 at the Center.

To require the Nuclear Regulatory Commission to conduct an Independent Safety Assessment of the Indian Point Energy Center.


SECTION 1. REFERENCES TO SOCIAL SECURITY ACT.

    Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to or repeal of a
section or other provision, the reference shall be considered to be
made to that section or other provision of the Social Security Act.

SEC. 2. DURABLE MEDICAL EQUIPMENT.

    (a) Definition of Medical Equipment and Supplies.--
            (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended
        by adding at the end the following new subsection:

                    ``medical equipment and supplies

    ``(oo) The term `medical equipment and supplies'' means--
            ``(1) durable medical equipment (as defined in section
        1861(n));
            ``(2) prosthetic devices (as described in section
        1861(s)(8));
            ``(3) orthotics and prosthetics (as described in section
        1861(s)(9));
            ``(4) home dialysis supplies and equipment (as described in
        section 1861(s)(2)(F));
            ``(5) surgical dressings and other devices (as described in
        section 1861(s)(5));
            ``(6) immunosuppressive drugs (as described in section
        1861(s)(2)(J)); and
            ``(7) such other items as the Secretary may determine.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to items furnished on or after January 1, 1994.
    (b) Development and Application of National Standards for Suppliers
of Medical Equipment and Supplies.--Section 1834 (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
    ``(i) Requirements for Issuance and Renewal of Supplier Numbers for
Suppliers of Medical Equipment and Supplies.--
            ``(1) Payment.--No payment may be made under this part
        after July 1, 1994, for items furnished by a supplier of
        medical equipment and supplies (as defined in section 1861(oo))
        unless such supplier meets the national standards specified by
        the Secretary and possesses a valid supplier number.
            ``(2) Revised standards.--
                    ``(A) In general.--The Secretary shall, by no later
                than January 1, 1996, in consultation with
                representatives of suppliers of medical equipment and
                supplies, carriers, and consumers, revise the national
                standards for suppliers of medical equipment and
                supplies to include the requirements listed in
                subparagraph (B).
                    ``(B) Standards described.--The requirements listed
                in this subparagraph are that suppliers of medical
                equipment and supplies shall--
                            ``(i) comply with all applicable State and
                        Federal licensure and regulatory requirements;
                            ``(ii) maintain a physical facility on an
                        appropriate site;
                            ``(iii) have proof of appropriate liability
                        insurance; and
                            ``(iv) meet such other requirements as the
                        Secretary may specify.
                    ``(C) Applicability of revised standards.--
                Beginning after December 31, 1995, each supplier of
                medical equipment and supplies applying for a supplier
                number or renewing such supplier's supplier number
                shall meet the revised standards described in this
                paragraph.''.
    (c) Certificates of Medical Necessity.--
            (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended
        by subsection (b), is amended--
                    (A) in subsection (a), by striking paragraph (16),
                and
                    (B) by adding at the end the following new
                subsection:
    ``(j) Certificates of Medical Necessity.--
            ``(1) Standardized certificates.--Not later than July 1,
        1994, the Secretary shall, in consultation with carriers under
        this part, develop one or more standardized certificates of
        medical necessity (as defined in paragraph (3)) for medical
        equipment and supplies (as defined in section 1861(oo) other
        than paragraphs (4), (6), and (7)). If a certificate of medical
        necessity is required by the Secretary, such standardized
        certificates shall--
                    ``(A) be completed by each physician who prescribes
                such medical equipment and supplies for any beneficiary
                under this part, and
                    ``(B) be transmitted to the supplier and then to
                the carrier processing the claim for payment for such
                medical equipment and supplies under this part.
            ``(2) Prohibition against distribution by suppliers of
        certificates of medical necessity.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), a supplier of medical equipment and
                supplies described in paragraph (1) may not distribute
                to physicians or to individuals entitled to benefits
                under this part for commercial purposes any completed
                or partially completed certificates of medical
                necessity.
                    ``(B) Exception for certain billing information.--
                Subparagraph (A) shall not apply with respect to a
                certificate of medical necessity to the extent that
                such certificate contains only information completed by
                the supplier of medical equipment and supplies
                identifying such supplier and the beneficiary to whom
                such medical equipment and supplies are furnished, a
                description of such medical equipment and supplies, any
                product code identifying such medical equipment and
                supplies, and any other administrative information
                identified by the Secretary. In the event a supplier
                provides a certificate of medical necessity containing
                information permitted under this subparagraph, such
                certificate shall also contain the supplier's charge
                and the fee schedule amount for the medical equipment
                or supplies being furnished prior to distribution of
                such certificate to the physician.
                    ``(C) Penalty.--Any supplier of medical equipment
                and supplies who knowingly and willfully distributes a
                certificate of medical necessity in violation of
                subparagraph (A) is subject to a civil money penalty in
                an amount not to exceed $1,000 for each such
                certificate of medical necessity so distributed. The
                provisions of section 1128A (other than subsections (a)
                and (b)) shall apply to civil money penalties under
                this subparagraph in the same manner as they apply to a
                penalty or proceeding under section 1128A(a).
            ``(3) Definition.--For purposes of this subsection, the
        term `certificate of medical necessity' means a form or other
        document containing information required by the Secretary to be
        submitted to show that a covered item is reasonable and
        necessary for the diagnosis or treatment of illness or injury
        or to improve the functioning of a malformed body member.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply with respect to certificates of medical necessity
        on or after January 1, 1994.
    (d) Coverage and Review Criteria for Certain Medical Equipment and
Supplies.--Section 1834 (42 U.S.C. 1395m), as amended by subsection
(c), is amended by adding at the end the following new subsection:
    ``(k) Coverage and Review Criteria.--
            ``(1) Development and establishment.--Not later than July
        1, 1994, the Secretary, in consultation with representatives of
        suppliers of medical equipment and supplies (as defined in
        section 1861(oo) other than paragraphs (4), (6), and (7)),
        individuals enrolled under this part, and appropriate medical
        specialty societies, shall develop and establish uniform
        national coverage and utilization review criteria for 200 items
        of medical equipment and supplies (as so defined) selected in
        accordance with the standards described in paragraph (2). The
        Secretary shall publish the criteria as part of the
        instructions provided to fiscal intermediaries and carriers
        under this part and no further publication, including
        publication in the Federal Register, shall be required.
            ``(2) Standards for selecting items subject to criteria.--
        The Secretary may select an item for coverage under the
        criteria developed and established under paragraph (1) if the
        Secretary finds that--
                    ``(A) the item is frequently purchased or rented by
                beneficiaries;
                    ``(B) the item is frequently subject to a
                determination that such item is not medically
                necessary; or
                    ``(C) the coverage or utilization criteria applied
                to the item (as of the date of the enactment of this
                subsection) is not consistent among carriers.
            ``(3) Annual review and expansion of items subject to
        criteria.--The Secretary shall annually review the coverage and
        utilization of items of medical equipment and supplies to
        determine whether items not included among the items selected
        under paragraph (1) should be made subject to uniform national
        coverage and utilization review criteria, and, if appropriate,
        shall develop and apply such criteria to such additional items.
            ``(4) Report on effect of uniform criteria on utilization
        of items.--Not later than January 1, 1995, the Secretary shall
        submit a report to the Committee on Ways and Means and the
        Committee on Energy and Commerce of the House of
        Representatives and the Committee on Finance of the Senate
        analyzing the impact of the uniform criteria established under
        paragraph (1) on the utilization of items of medical equipment
        and supplies by individuals enrolled under this part.''.
    (e) Prohibition Against Multiple Supplier Numbers.--
            (1) In general.--Section 1834 (42 U.S.C. 1395m), as amended
        by subsection (d), is amended by adding at the end the
        following new subsection:
    ``(l) Prohibition Against Multiple Supplier Numbers for Suppliers
of Medical Equipment and Supplies.--The Secretary may not issue more
than one supplier number to any supplier of medical equipment and
supplies (as defined in section 1861(oo)) unless the issuance of more
than one number is appropriate to identify subsidiary or regional
entities under the supplier's ownership or control.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to items furnished on or after July 1, 1994.
    (f) Definition of Inducements as Kickbacks Clarified.--
            (1) In general.--Section 1128B(b)(3)(B) (42 U.S.C. 1320a-
        7b(b)(3)(B)) is amended by inserting before the semicolon
        ``(except that in the case of a contract supply arrangement
        between a skilled nursing facility and a supplier of medical
        supplies and equipment (as defined in section 1861(oo) other
        than paragraphs (4), (6), and (7)), such employment shall not
        be considered bona fide to the extent that it includes tasks of
        a clerical and cataloging nature in transmitting to suppliers
        assignment rights of individuals eligible for benefits under
        part B of title XVIII, or performance of warehousing or stock
        inventory functions)''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply with respect to services furnished on or after
        January 1, 1994.
    (g) Limitation on Beneficiary Liability.--
            (1) In general.--Section 1879 (42 U.S.C. 1395pp) is amended
        by adding at the end the following new subsection:
    ``(h) If a supplier of medical equipment and supplies (as defined
in section 1861(oo))--
            ``(1) furnishes an item or service to a beneficiary for
        which no payment may be made by reason of section 1834(i);
            ``(2) furnishes an item or service to a beneficiary for
        which payment is denied in advance under section 1834(a)(15);
            ``(3) is excluded from participation under this title; or
            ``(4) furnishes an item or service to a beneficiary for
        which payment is denied under section 1862(a)(1);
any expenses incurred for items and services furnished to an individual
by such a supplier on an unassigned basis shall be the responsibility
of such supplier. The individual shall have no financial responsibility
for such expenses and the supplier shall refund on a timely basis to
the individual (and shall be liable to the individual for) any amounts
collected from the individual for such items or services, unless the
supplier informs the individual in advance that payment under this part
will not be made for the item or services and the individual agrees to
pay for the item or service.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to items or services furnished on or after July 1,
        1994.
    (h) Treatment of Nebulizers and Aspirators as Miscellaneous Items
of Durable Medical Equipment.--
            (1) In general.--Section 1834(a)(3)(A) (42 U.S.C.
        1395m(a)(3)(A)) is amended by striking ``ventilators,
        aspirators, IPPB machines, and nebulizers'' and inserting
        ``ventilators and IPPB machines''.
            (2) Payment for supplies relating to nebulizers and
        aspirators.--Section 1834(a)(7)(A) (42 U.S.C. 1395m(a)(7)(A))
        is amended by striking ``and'' at the end of clause (v), by
        striking the period at the end of clause (vi) and inserting ``;
        and'', and by inserting after clause (vi) the following new
        clause:
                            ``(vii) In the case of supplies to be used
                        in conjunction with a nebulizer or aspirator
                        for which payment is made under this paragraph,
                        payment shall be in accordance with paragraph
                        (2) of this subsection.''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to items furnished on or after January 1, 1994.
    (i) Payment for Ostomy Supplies, Tracheostomy Supplies,
Urologicals, Surgical Dressings, and Other Medical Supplies.--
            (1) In general.--Section 1834(h)(1) (42 U.S.C. 1395m(h)(1))
        is amended by adding at the end the following new subparagraph:
                    ``(E) Exception for certain items.--Payment for
                ostomy supplies, tracheostomy supplies, urologicals,
                surgical dressings, and other medical supplies shall be
                made in accordance with subparagraphs (B) and (C) of
                section 1834(a)(2) (except that in the case of surgical
                dressings, the national limited payment amount shall be
                computed based on local payment amounts using average
                reasonable charges for the six-month period ending June
                30, 1993, increased by the covered item update for
                1994).''.
            (2) Effective dates.--
                    (A) In general.--Except as provided in subparagraph
                (B), the amendment made by paragraph (1) shall apply
                with respect to items furnished on or after January 1,
                1994.
                    (B) Surgical dressings and other medical
                supplies.--The amendment made by paragraph (1) with
                respect to surgical dressings and other medical
                supplies shall apply to items supplied on or after July
                1, 1994.
    (j) Freeze in Reasonable Charges for Parenteral and Enteral
Nutrients, Supplies, and Equipment During 1994.--In determining the
amount of payment under part B of title XVIII of the Social Security
Act during 1994, the charges determined to be reasonable with respect
to parenteral and enteral nutrients, supplies, and equipment may not
exceed the charges determined to be reasonable with respect to such
nutrients, supplies, and equipment during 1993.
    (k) Studies.--
            (1) Supplies and services in nursing facilities.--The
        Comptroller General of the United States shall conduct a study
        and report to the Congress no later than January 1, 1995, on
        the types, volume, and utilization of services and supplies
        furnished under contract or under arrangement with suppliers to
        individuals eligible for benefits under title XVIII of the
        Social Security Act residing in skilled nursing facilities and
        nursing facilities.
            (2) Descriptions relating to certain codes.--The
        Comptroller General of the United States shall conduct a study
        beginning no earlier than July 1, 1994, and report to the
        Congress no later than January 1, 1995, on--
                    (A) whether changes made by the Department of
                Health and Human Services to the descriptions relating
                to the codes for medical equipment and supplies (as
                defined in section 1861(oo) of the Social Security Act
                other than paragraphs (4), (6), and (7))--
                            (i) accurately reflect the items being
                        furnished under such codes, and
                            (ii) are sufficiently explicit to
                        distinguish between items of varying quality
                        and price, and
                    (B) recommendations for additional changes that
                would improve the descriptions relating to the codes
                for such items.

S 516 IS----2

Summary: Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise procedures under Medicare part B with regard to durable medical equipment, including requirements for: (1) national standards and supplier numbers for suppliers of medical equipment and supplies. (2) standardized certificates of medical necessity and uniform national coverage and utilization review criteria for certain medical equipment and supplies. (3) limited Medicare beneficiary liability for items and services for which payment is prohibited by reason of a supplier's failure to meet such national standards or lack of a valid supplier number. (4) the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment. And (5) payment of ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies. Amends SSA title XI to modify anti-kickback provisions. Provides for a freeze under Medicare part B in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1994. Requires the Comptroller General to study and report to the Congress on: (1) services and supplies furnished to Medicare-eligible nursing facility residents. And (2) changes made to descriptions relating to codes for medical equipment and supplies.

A bill to amend title XVIII of the Social Security Act to improve procedures under part B of the medicare program relating to durable medical equipment, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Propane Education and Research Act
of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) propane gas, or liquefied petroleum gas, is an
        essential energy commodity providing heat, hot water, cooking
        fuel, and motor fuel among its many uses to millions of
        Americans;
            (2) the use of propane is especially important to rural
        citizens and farmers, offering an efficient and economical
        source of gas energy;
            (3) propane has been recognized as a clean fuel and can
        contribute in many ways to reducing the pollution in our cities
        and towns; and
            (4) propane is primarily domestically produced and its use
        provides energy security and jobs for Americans.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``Council'' means the Propane Education and
        Research Council created pursuant to section 4 of this Act;
            (2) the term ``industry'' means those persons involved in
        the production, transportation, and sale of propane, and in the
        manufacture and distribution of propane utilization equipment,
        in the United States;
            (3) the term ``industry trade association'' means an
        organization exempt from tax, under section 501(c)(3) or (6) of
        the Internal Revenue Code of 1986, representing the propane
        industry;
            (4) the term ``odorized propane'' means propane which has
        had odorant added to it;
            (5) the term ``producer'' means the owner of the propane at
        the time it is recovered at a manufacturing facility;
            (6) the term ``propane'' means a hydrocarbon whose chemical
        composition is predominantly C3H8, whether recovered
        from natural gas or crude oil;
            (7) the term ``public member'' means a member of the
        Council, other than a representative of producers or retail
        marketers, representing significant users of propane, public
        safety officials, academia, the propane research community, or
        other groups knowledgeable about propane;
            (8) the term ``qualified industry organization'' means the
        National Propane Gas Association, the Gas Processors
        Association, a successor association of such associations, or a
        group of retail marketers or producers who collectively
        represent 25 percent of the volume of propane sold or produced
        in the United States;
            (9) the term ``retail marketer'' means a person engaged
        primarily in the sale of odorized propane to the ultimate
        consumer or to retail propane dispensers;
            (10) the term ``retail propane dispenser'' means a person
        who sells odorized propane to the ultimate consumer but is not
        engaged primarily in the business of such sales; and
            (11) the term ``Secretary'' means the Secretary of Energy.

SEC. 4. REFERENDA.

    (a) Creation of Program.--The Secretary shall conduct a referendum
as soon as possible among producers and retail marketers to authorize
the creation of the Propane Education and Research Council and the
levying of an assessment on odorized propane. Voting rights in such
referendum shall be based on the volume of propane sold or produced in
the previous calendar year or other representative period. Upon
approval of those persons representing two-thirds of the total volume
of propane voted in the retail marketer class and two-thirds of all
propane voted in the producer class, the Secretary shall issue an order
establishing the Council. All persons voting in the referendum shall
certify to the Secretary the volume of propane represented by their
vote.
    (b) Termination.--On the Secretary's own initiative, or on petition
of the Council or of producers and retail marketers representing 35
percent of the volume of propane in each class, the Secretary shall
hold a referendum to determine whether the industry favors termination
or suspension of the order issued under subsection (a). Termination or
suspension shall not take effect unless it is approved by persons
representing more than one-half of the total volume of odorized propane
in the retail marketer class and more than one-half of the total volume
of propane in the producer class.

SEC. 5. PROPANE EDUCATION AND RESEARCH COUNCIL.

    (a) Appointment of Members.--Upon issuance of an order by the
Secretary under section 4(a) establishing the Propane Education and
Research Council, the Secretary shall select all retail marketer and
producer members of the Council from a list of nominees submitted by
qualified industry organizations. Nominees need not be members of a
qualified industry organization. The public members of the Council
shall be appointed by the Secretary. Vacancies in unfinished terms of
Council members shall be filled in the same manner as were the original
appointments.
    (b) Representation.--In making nominations and appointments to the
Council, the qualified industry organizations and the Secretary shall
give due regard to selecting a Council that is representative of the
industry, including representation of--
            (1) gas processors and oil refiners among producers;
            (2) interstate and intrastate operators among retail
        marketers;
            (3) large and small companies among producers and retail
        marketers; and
            (4) diverse geographic regions of the country.
    (c) Membership.--The Council shall consist of 21 members, with 9
members representing retail marketers, 9 members representing
producers, and 3 public members. Other than the public members, Council
members shall be full-time employees or owners of businesses in the
industry. No employee of a qualified industry organization or other
industry trade association shall serve as a member of the Council, and
no member of the Council may serve concurrently as an officer of the
Board of Directors of a qualified industry organization or other
industry trade association. Only one person at a time from any company
or its affiliate may serve on the Council.
    (d) Compensation.--Council members shall receive no compensation
for their services, nor shall Council members be reimbursed for
expenses relating to their service, except that public members, upon
request, may be reimbursed for reasonable expenses directly related to
their participation in Council meetings.
    (e) Terms.--Council members shall serve terms of 3 years and may
serve not more than 2 full terms. Members filling unexpired terms may
serve not more than a total of 7 years. Former members of the Council
may be returned to the Council if they have not been members for a
period of 2 years. Initial appointments to the Council shall be for
terms of 1, 2, and 3 years, staggered to provide for the election of 7
members each year.
    (f) Functions.--The Council shall develop programs and projects and
enter into contracts or agreements for implementing this Act, including
programs to enhance consumer safety, to provide for research and
development of clean and efficient propane utilization equipment, to
inform and educate the public, to develop and preserve markets for
propane, and to provide for the payment of the costs thereof with funds
collected pursuant to this Act. The Council shall coordinate its
activities with industry trade association and others as appropriate to
provide efficient delivery of services and to avoid unnecessary
duplication of activities.
    (g) Administration.--The Council shall select from among its
members a Chairman and other officers as necessary, may establish
committees and subcommittees of the Council, and shall adopt rules and
bylaws for the conduct of business and the implementation of this Act.
The Council shall establish procedures for the solicitation of industry
comment and recommendations on any significant plans, programs, and
projects to be funded by the Council. The Council may establish
advisory committees of persons other than Council members.
    (h) Employees; Administrative Expenses.--The Council may employ a
person to serve as Chief Executive Officer and such other employees as
it considers necessary. The Council shall determine the compensation
and duties of each employee, and shall protect the handling of Council
funds through fidelity bonds. The administrative expenses of operating
the Council shall not exceed 10 percent of the funds collected in any
fiscal year.
    (i) Budget.--Before August 1 each year, the Council shall publish
for industry review and comment a budget plan for the next calendar
year, including the probable costs of all programs, projects, and
contracts and a recommended rate of assessment sufficient to cover such
costs. Following this review and comment, the Council shall submit the
proposed budget to the Secretary. The Secretary shall recommend any
changes the Secretary considers appropriate to the budget after an
opportunity for public comment.
    (j) Records; Audits.--The Council shall keep minutes, books, and
records that clearly reflect all of the acts and transactions of the
Council and regularly report such information to the Secretary, along
with such other information as the Secretary may require. The books of
the Council shall be audited by a certified public accountant at least
once each fiscal year and at such other times as the Council may
designate. Copies of such audit shall be provided to the Secretary, all
members of the Council, all qualified industry organizations, and to
other members of the industry upon request. The Secretary shall receive
notice of meetings and may require reports on the activities of the
Council, as well as reports on compliance, violations, and complaints
regarding the implementation of this Act.
    (k) Reimbursement of Federal Expenses.--From assessments collected,
the Council shall annually reimburse the Secretary for costs incurred
in holding the referendum establishing the Council, making appointments
to the Council, and other expenses directly related to the Council, not
in excess of the cost of three employee years, as determined by the
Secretary.

SEC. 6. ASSESSMENTS.

    (a) Amount.--The Council shall set the initial assessment at no
greater than one tenth of 1 cent per gallon of odorized propane.
Thereafter, annual assessments shall be sufficient to cover the costs
of the plans and programs developed by the Council. The assessment
shall not be greater than one-half cent per gallon of odorized propane,
unless approved by a majority of those voting in a referendum in both
the producer and the retail marketer class. The assessment may not be
raised by more than one tenth of 1 cent per gallon of odorized propane
annually.
    (b) Ownership.--The owner of odorized propane at the time of
odorization, or the time of import of odorized propane, shall pay the
assessment based on the volume of odorized propane sold and placed into
commerce. Assessments are payable to the Council on a monthly basis by
the 25th of the month following the month of such sale. Propane
exported from the United States to another country is not subject to
the assessment.
    (c) Alternative Collection Rules.--The Secretary may by regulation,
with the concurrence of the Council, establish an alternative means of
collecting the assessment if another means is found to be more
efficient and effective. The Secretary may by regulation establish a
late payment charge and rate of interest to be imposed on any person
who fails to remit, collect, or pay to the Council any amount due under
this Act.
    (d) Investment of Funds.--Pending disbursement pursuant to a
program, plan, or project, the Council may invest funds collected
through assessments, and any other funds received by the Council, only
in obligations of the United States or any agency thereof, in general
obligations of any State or any political subdivision thereof, in any
interest-bearing account or certificate of deposit of a bank that is a
member of the Federal Reserve System, or in obligations fully
guaranteed as to principal and interest by the United States.
    (e) State Programs.--After consultation with the Council, the
Secretary may by regulation establish a program coordinating the
operation of the Council with those of any State propane education and
research council or similar entity created by State law. This may
include a joint or coordinated assessment collection process, a reduced
assessment, or an assessment rebate. If adopted, the reduction in
assessment or rebate may be in an amount not to exceed 20 percent of
the regular assessment collected in that State under this section.
Assessment rebates shall be paid only to a State propane education and
research council or similar entity that meets the requirements
established by the Council, and only for specific projects approved by
the Council.

SEC. 7. ENFORCEMENT.

    (a) Cease and Desist Orders; Civil Penalties.--The Secretary, after
providing notice and an opportunity for hearing, may, with respect to
any person who violates any provision of this Act or any plan,
regulation, or order issued under this Act--
            (1) issue an order requiring that person to cease and
        desist from continuing such violation; and
            (2) assess a civil penalty not to exceed $5,000 for each
        such violation.
Each day during which a violation continues shall be considered a
separate violation.
    (b) Investigatory Powers.--In order to carry out this Act, the
Secretary may administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the production of
any books, papers, and documents which are relevant to the inquiry.
Such attendance of witnesses and the production of any such records may
be required from any place in the United States. The district courts of
the United States may punish a failure to comply with a subpoena issued
under this subsection as a contempt of the court.

SEC. 8. LOBBYING RESTRICTIONS.

    No funds collected by the Council shall be used in any manner for
influencing legislation or elections, except that the Council may
recommend to the Secretary changes in this Act or other statutes that
would further the purposes of this Act.

SEC. 9. ADMINISTRATIVE PROVISIONS.

    Nothing in this Act may be construed to preempt or supersede any
other program relating to propane education and research organized and
operated under the laws of the United States or any State.

SEC. 10. ISSUANCE OF REGULATIONS.

    Within 9 months after the date of enactment of this Act, the
Secretary shall issue regulations for the implementation of this Act.
The Secretary may require such reports or documentation as is necessary
to document the referendum process and the nomination process for
members of the Council and shall protect the confidentiality of all
such documentation provided by industry members.

Summary: Propane Education and Research Act of 1993 - Directs the Secretary of Energy to conduct a referendum among producers and retail marketers to authorize the creation of the Propane Education and Research Council and the levying of an assessment on odorized propane. Makes it the Council's mission to develop programs and enter into contracts for: (1) propane research and development, (2) consumer education, (3) propane market development. And (4) payment for program costs with funds collected under this Act. Prescribes guidelines under which the Council shall set annual assessments to cover program costs. Authorizes the Secretary to establish a program to coordinate Council operations with any State propane education and research council. Proscribes the use of Council funds for lobbying activities. Directs the Secretary to issue implementation regulations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community-Based Mental Health
Infrastructure Improvements Act''.

SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT.

    Title V of the Public Health Service Act (42 U.S.C. 280g et seq.)
is amended by adding at the end the following:

  ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS

``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE
              IMPROVEMENTS.

    ``(a) Grants Authorized.--The Secretary may award grants to
eligible entities to expend funds for the construction or modernization
of facilities used to provide mental health and behavioral health
services to individuals.
    ``(b) Eligible Entity.--In this section, the term `eligible entity'
means--
            ``(1) a State that is the recipient of a Community Mental
        Health Services Block Grant under subpart I of part B of title
        XIX and a Substance Abuse Prevention and Treatment Block Grant
        under subpart II of such part; or
            ``(2) an Indian tribe or a tribal organization (as such
        terms are defined in sections 4(b) and 4(c) of the Indian Self-
        Determination and Education Assistance Act).
    ``(c) Application.--A eligible entity desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing--
            ``(1) a plan for the construction or modernization of
        facilities used to provide mental health and behavioral health
        services to individuals that--
                    ``(A) designates a single State or tribal agency as
                the sole agency for the supervision and administration
                of the grant;
                    ``(B) contains satisfactory evidence that such
                agency so designated will have the authority to carry
                out the plan;
                    ``(C) provides for the designation of an advisory
                council, which shall include representatives of
                nongovernmental organizations or groups, and of the
                relevant State or tribal agencies, that aided in the
                development of the plan and that will implement and
                monitor any grant awarded to the eligible entity under
                this section;
                    ``(D) in the case of an eligible entity that is a
                State, includes a copy of the State plan under section
                1912(b) and section 1932(b);
                    ``(E)(i) includes a listing of the projects to be
                funded by the grant; and
                    ``(ii) in the case of an eligible entity that is a
                State, explains how each listed project helps the State
                in accomplishing its goals and objectives under the
                Community Mental Health Services Block Grant under
                subpart I of part B of title XIX and the Substance
                Abuse Prevention and Treatment Block Grant under
                subpart II of such part;
                    ``(F) includes assurances that the facilities will
                be used for a period of not less than 10 years for the
                provision of community-based mental health or substance
                abuse services for those who cannot pay for such
                services, subject to subsection (e); and
                    ``(G) in the case of a facility that is not a
                public facility, includes the name and executive
                director of the entity who will provide services in the
                facility; and
            ``(2) with respect to each construction or modernization
        project described in the application--
                    ``(A) a description of the site for the project;
                    ``(B) plans and specifications for the project and
                State or tribal approval for the plans and
                specifications;
                    ``(C) assurance that the title for the site is or
                will be vested with either the public entity or private
                nonprofit entity who will provide the services in the
                facility;
                    ``(D) assurance that adequate financial resources
                will be available for the construction or major
                rehabilitation of the project and for the maintenance
                and operation of the facility;
                    ``(E) estimates of the cost of the project; and
                    ``(F) the estimated length of time for completion
                of the project.
    ``(d) Subgrants by States.--
            ``(1) In general.--A State that receives a grant under this
        section may award a subgrant to a qualified community program
        (as such term is used in section 1913(b)(1)).
            ``(2) Use of funds.--Subgrants awarded pursuant to
        paragraph (1) may be used for activities such as--
                    ``(A) the construction, expansion, and
                modernization of facilities used to provide mental and
                behavioral health services to individuals;
                    ``(B) acquiring and leasing facilities and
                equipment (including paying the costs of amortizing the
                principal of, and paying the interest on, loans for
                such facilities and equipment) to support or further
                the operation of the subgrantee; and
                    ``(C) the construction and structural modification
                (including equipment acquisition) of facilities to
                permit the integrated delivery of behavioral health and
                primary care of specialty medical services to
                individuals with co-occurring mental illnesses and
                chronic medical or surgical diseases at a single
                service site.
    ``(e) Request To Transfer Obligation.--An eligible entity that
receives a grant under this section may submit a request to the
Secretary for permission to transfer the 10-year obligation of facility
use, as described in subsection (c)(1)(F), to another facility.
    ``(f) Agreement to Federal Share.--As a condition of receipt of a
grant under this section, an eligible entity shall agree, with respect
to the costs to be incurred by the entity in carrying out the
activities for which such grant is awarded, that the entity will make
available non-Federal contributions (which may include State or local
funds, or funds from the qualified community program) in an amount
equal to not less than $1 for every $1 of Federal funds provided under
the grant.
    ``(g) Reporting.--
            ``(1) Reporting by states.--During the 10-year period
        referred to in subsection (c)(1)(F), the Secretary shall
        require that a State that receives a grant under this section
        submit, as part of the report of the State required under the
        Community Mental Health Services Block Grant under subpart I of
        part B of title XIX and the Substance Abuse Prevention and
        Treatment Block Grant under subpart II of such part, a
        description of the progress on--
                    ``(A) the projects carried out pursuant to the
                grant under this section; and
                    ``(B) the assurances that the facilities involved
                continue to be used for the purpose for which they were
                funded under such grant during such 10-year period.
            ``(2) Reporting by indian tribes and tribal
        organizations.--The Secretary shall establish reporting
        requirements for Indian tribes and tribal organizations that
        receive a grant under this section. Such reporting requirements
        shall include that such Indian tribe or tribal organization
        provide a description of the progress on--
                    ``(A) the projects carried out pursuant to the
                grant under this section; and
                    ``(B) the assurances that the facilities involved
                continue to be used for the purpose for which they were
                funded under such grant during the 10-year period
                referred to in subsection (c)(1)(F).
    ``(h) Failure To Meet Obligations.--
            ``(1) In general.--If an eligible entity that receives a
        grant under this section fails to meet any of the obligations
        of the entity required under this section, the Secretary shall
        take appropriate steps, which may include--
                    ``(A) requiring that the entity return the unused
                portion of the funds awarded under this section for the
                projects that are incomplete; and
                    ``(B) extending the length of time that the entity
                must ensure that the facility involved is used for the
                purposes for which it is intended, as described in
                subsection (c)(1)(F).
            ``(2) Hearing.--Prior to requesting the return of the funds
        under paragraph (1)(B), the Secretary shall provide the entity
        notice and opportunity for a hearing.
    ``(i) Collaboration.--The Secretary may establish intergovernmental
and interdepartmental memorandums of agreement as necessary to carry
out this section.
    ``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal year 2008
and such sums as may be necessary for each of fiscal years 2009 through
2012.''.

Summary: Community-Based Mental Health Infrastructure Improvements Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to eligible entities for the construction or modernization of facilities to provide mental health and behavioral health services to individuals. Defines an eligible entity as: (1) a state that is the recipient of a Community Mental Health Services Block Grant and a Substance Abuse Prevention and Treatment Block Grant under such Act. Or (2) an Indian tribe or a tribal organization. Includes among grant application requirements assurances that facilities will be used for not less than 10 years for community-based mental health or substance abuse services for those who cannot pay for such services. Permits a grant recipient to request permission to transfer such 10-year obligation to another facility. Authorizes a state that receives a grant to award a subgrant to a qualified community program for activities such as: (1) the construction, expansion, and modernization of mental and behavioral health facilities. And (2) the construction and structural modification of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site. Requires a grant recipient to agree to make available nonfederal contributions matching federal funds provided.

A bill to amend the Public Health Service Act to provide grants for community-based mental health infrastructure improvement.


SECTION 1. CERTAIN THREE-RING BINDERS WHOLLY OR PREDOMINANTLY COVERED
              WITH POLYESTER FABRICS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:

``     9902.73.01        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings not
                          exceeding
                          approximately 51
                          mm in diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm.....
       9902.73.02        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings
                          exceeding 51 mm
                          diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm.....
       9902.73.03        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings not
                          exceeding
                          approximately 51
                          mm in diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm,
                          with a zipper
                          closure..........
       9902.73.04        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings
                          exceeding 51mm
                          diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm,
                          with a zipper
                          closure..........

       9902.73.05        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings not
                          exceeding
                          approximately 51
                          mm in diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm,
                          with a hook and
                          loop closure.....
       9902.73.06        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings not
                          exceeding
                          approximately 51
                          mm in diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm,
                          with a hook and
                          loop closure.....
       9902.73.07        Three-ring binders  Free         No change        No change       On or before
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings not
                          exceeding
                          approximately 51
                          mm in diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm,
                          with an elastic
                          band closure.....
       9902.73.08        Three-ring binders  Free         No change        No change       On or before     ''.
                          with outer                                                        12/31/2011...
                          surface wholly or
                          predominantly
                          covered with
                          polyester fabric
                          (provided for in
                          subheading
                          6307.90.98), with
                          metal rings
                          exceeding 51mm in
                          diameter,
                          designed to
                          contain standard
                          sheets of letter-
                          sized paper
                          measuring
                          approximately 51
                          mm by 280 mm,
                          with an elastic
                          band closure.....

    (b) Effective Date.--The amendment made by subsection (a) applies
to goods entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of the enactment of this Act.

Summary: Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.

A bill to suspend temporarily the duty on certain three-ring binders wholly or predominantly covered with polyester fabrics.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spearfish Canyon and Bismarck Lake
Land Exchange Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) the approximately 1,468 acres of land
                (including any improvements to the land) in the Forest
                that is--
                            (i) known as the ``Spearfish Canyon Area'';
                        and
                            (ii) generally depicted on the map
                        described in paragraph (3)(A); and
                    (B) the approximately 524 acres of land (including
                any improvements to the land) in the Forest that is--
                            (i) known as the ``Bismarck Lake Area'';
                        and
                            (ii) generally depicted on the map
                        described in paragraph (3)(B).
            (2) Forest.--The term ``Forest'' means the Black Hills
        National Forest in the State.
            (3) Maps.--The term ``Maps'' means each of--
                    (A) the map entitled ``Spearfish Canyon Area
                Federal Land'' and dated June 8, 2016;
                    (B) the map entitled ``Bismarck Lake Area Federal
                Land'' and dated June 8, 2016;
                    (C) the map entitled ``Lyman County Non-Federal
                Land'' and dated June 8, 2016;
                    (D) the map entitled ``Pennington County Non-
                Federal Land'' and dated June 8, 2016; and
                    (E) the map entitled ``Lawrence County Non-Federal
                Land'' and dated June 8, 2016.
            (4) Non-federal land.--The term ``non-Federal land'' means
        the 4 parcels of land, comprising approximately 1,954 acres, as
        depicted on the maps described in subparagraphs (C), (D), and
        (E) of paragraph (3).
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (6) State.--The term ``State'' means the State of South
        Dakota.

SEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA.

    (a) Land Exchange Required.--If the State conveys to the Secretary
all right, title, and interest of the State in and to the non-Federal
land, the Secretary shall convey to the State all right, title, and
interest of the United States in and to the Federal land.
    (b) Appraisals.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the Secretary and the State shall select
        an appraiser to conduct appraisals of the Federal land and non-
        Federal land.
            (2) Requirements.--
                    (A) In general.--Except as provided in subparagraph
                (B), an appraisal required under this subsection shall
                be conducted in accordance with nationally recognized
                appraisal standards, including--
                            (i) the Uniform Appraisal Standards for
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional
                        Appraisal Practice.
                    (B) Agricultural value.--The value of the Federal
                land and non-Federal land shall be determined based on
                the agricultural value of the Federal land and non-
                Federal land to be exchanged.
    (c) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under subsection (a) shall--
                    (A) be equal; or
                    (B) be equalized in accordance with this
                subsection.
            (2) Surplus of federal land.--If the final appraised value
        of the Federal land exceeds the final appraised value of the
        non-Federal land, the State shall--
                    (A) convey additional non-Federal land in the State
                to the Secretary, consistent with the requirements of
                this Act;
                    (B) make a cash payment to the Secretary; or
                    (C) use a combination of the methods described in
                subparagraphs (A) and (B), as agreed to by the
                Secretary and the State.
            (3) Surplus of non-federal land.--If the final appraised
        value of the non-Federal land exceeds the final appraised value
        of the Federal land, parcels of the non-Federal land may be
        excluded from the exchange in sufficient quantity to result in
        an equal value exchange.
    (d) Survey; Administrative Costs.--
            (1) In general.--The exact acreage and legal description of
        the land to be exchanged under subsection (a) shall be
        determined by a survey satisfactory to the Secretary.
            (2) Costs.--The costs of the survey and any administrative
        costs relating to the land exchange shall be paid by the State.
    (e) NEPA Compliance.--
            (1) Deadline for completion.--Not later than 1 year after
        the date on which the State offers to convey the non-Federal
        land to the Secretary under subsection (a), the Secretary shall
        complete any environmental analysis required under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
        respect to the land exchange carried out under this section.
            (2) Costs.--The costs of any environmental analysis under
        this subsection shall be paid by the Secretary.
    (f) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to any additional terms and conditions
that the Secretary and the State may agree on.

SEC. 4. MANAGEMENT OF NON-FEDERAL AND FEDERAL LAND.

    (a) In General.--The non-Federal land acquired by the Secretary
under section 3 shall be--
            (1) added to, and administered as part of, the Forest; and
            (2) managed in accordance with the laws (including
        regulations) applicable to the National Forest System.
    (b) Grazing on Non-Federal Land.--If the non-Federal land exchanged
under this Act is subject to a lease, permit, or contract for the
grazing of domestic livestock in effect on the date of acquisition of
the non-Federal land, the Secretary shall allow the grazing to continue
subject to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels, access rights,
and ownership and use of range improvements.
    (c) Condition on Use of Federal Land.--As a condition of the land
exchange under this Act, the Federal land acquired by the State under
section 3 shall be managed by the State for public recreation uses and
the conservation of natural resources.

SEC. 5. MAPS.

    (a) Availability.--The Maps shall be on file and available for
public inspection in the Office of the Forest Supervisor of the Forest.
    (b) Corrections.--With the agreement of the State, the Secretary
may make technical corrections to the Maps and legal descriptions of
the Federal land and non-Federal land to be exchanged under this
section.

Summary: Spearfish Canyon and Bismarck Lake Land Exchange Act This bill directs the Department of Agriculture (USDA), if South Dakota conveys to it four parcels of specified nonfederal lands, comprising 1,954 acres, to convey to South Dakota in exchange 1,468 acres known as the quot, Spearfish Canyon Areaquot, and 524 acres known as the quot, Bismarck Lake Areaquot. In the Black Hills National Forest in South Dakota. The values of the federal and nonfederal lands to be exchanged shall be equal. USDA shall complete any environmental analyses required under the National Environmental Policy Act of 1969 regarding the land exchange carried out under this bill. The nonfederal lands acquired by USDA shall be added to and administered as part of the forest. The federal lands acquired by South Dakota shall be managed by it for public recreation uses and the conservation of natural resources.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Commission on
International Religious Freedom Reform and Reauthorization Act of
2014''.

SEC. 2. ESTABLISHMENT AND COMPOSITION.

    (a) Leadership.--Subsection (d) of section 201 of the International
Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended to read as
follows:
    ``(d) Election of Chair.--At the first meeting of the Commission
after May 30 of each year, a majority of the Members of the Commission
present and voting shall elect the Chair and Vice Chair of the
Commission, subject to the following requirements:
            ``(1) Initial elections.--At the first meeting of the
        Commission after May 30, 2015, the Members of the Commission
        shall elect as Chair a Commissioner appointed by an elected
        official of the political party that is not the political party
        of the President, and as Vice Chair a Commissioner appointed by
        an elected official of the political party of the President.
            ``(2) Future elections.--At the first meeting of the
        Commission after May 30, 2016, the Members of the Commission
        shall elect as Chair a Commissioner appointed by an elected
        official of the political party of the President, and as Vice
        Chair a Commissioner appointed by an elected official of the
        political party that is not the political party of the
        President. Thereafter, positions of Chair and Vice Chair shall
        continue to rotate on an annual basis between Commissioners
        appointed by elected officials of each political party.
            ``(3) Term limits.--No Member of the Commission is eligible
        to be elected as Chair of the Commission for a second term, and
        no Member of the Commission is eligible to be elected as Vice
        Chair of the Commission for a second term.''.
    (b) Attendance at Meetings of Ambassador at Large for International
Religious Freedom.--Subsection (f) of such section (22 U.S.C. 6431(f))
is amended by adding at the end the following: ``The Ambassador at
Large shall be given advance notice of all Commission meetings and may
attend all Commission meetings as a non-voting Member of the
Commission.''.
    (c) Appointments in Cases of Vacancies.--Subsection (g) of such
section (22 U.S.C. 6431(g)) is amended by striking the second sentence.

SEC. 3. POWERS OF THE COMMISSION.

    Section 203(e) of the International Religious Freedom Act of 1998
(22 U.S.C. 6432a) is amended to read as follows:
    ``(e) Views of the Commission.--The Members of the Commission may
speak in their capacity as private citizens. Statements on behalf of
the Commission shall be issued in writing over the names of the
Members. Members of the Commission shall make every effort to reach
consensus on all statements on behalf of the Commission, including
testimony, press releases, and articles by Commissioners or Commission
staff. When a statement supported by all Commissioners is not possible,
the Commission shall issue a statement only if such statement is
approved by an affirmative vote of at least six of the nine Members of
the Commission and each Member of the Commission may include the
individual or dissenting views of the Member. The Commission shall in
its written statements clearly describe its statutory authority,
distinguishing that authority from that of appointed or elected
officials of the United States Government. Oral statements, where
practicable, shall include a similar description.''.

SEC. 4. COMMISSION PERSONNEL MATTERS.

    (a) Staff Directors.--Section 204 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6432b) is amended by striking
subsections (a), (b), and (c) and inserting the following new
subsections:
    ``(a) Committee Functions.--Subject to subsection (c), the
Commission may appoint and fix the pay of such staff personnel as it
deems desirable. All decisions pertaining to the hiring, firing, and
fixing of pay of personnel of the Commission shall be by an affirmative
vote of at least six of the nine Members of the Commission, except
that--
            ``(1) Members of the Commission appointed by an elected
        official of the political party of the President, by a majority
        vote thereof, shall be entitled to appoint, terminate, and fix
        the pay of a Majority Staff Director and shall have the
        authority to appoint, terminate, and fix the pay of three
        professional staff members who shall be responsible to the
        Members of the Commission of the political party of the
        President; and
            ``(2) Members of the Commission appointed by an elected
        official of the political party that is not the political party
        of the President, by a majority vote thereof, shall be entitled
        to appoint, terminate, and fix the pay of a Minority Staff
        Director and shall have the authority to appoint, terminate,
        and fix the pay of three professional staff members who shall
        be responsible to the Members of the Commission of the
        political party that is not the political party of the
        President.
    ``(b) Staff Appointments and Compensation.--All staff appointments
shall be made without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5 relating to classification of
positions and General Schedule pay rates, except that the rate of pay
for the Majority Staff Director, Minority Staff Director, and other
personnel may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
    ``(c) Qualifications of Professional Staff.--The Commission shall
ensure that the professional staff of the Commission consists of
persons with expertise in areas relevant to the issue of international
religious freedom, including foreign affairs, direct experience abroad,
human rights, and international law.''.
    (b) Conforming Amendments.--Subsection (e) of such section (22
U.S.C. 6432b(e)) is amended by striking ``The Executive Director'' both
places it appears and inserting ``The Majority Staff Director and the
Minority Staff Director''.

SEC. 5. REPORT OF COMMISSION.

    (a) Report Publication Date.--Section 205(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6433(a)) is amended by
striking ``Not later than May 1 of each year'' and inserting ``Each
year, not earlier than 30 days after, and not later than 90 days after,
the publication of the Department of State's Annual Report on
International Religious Freedom''.
    (b) Consensus on Reports.--Section 205(c) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6433(c)) is amended to read as
follows:
    ``(c) Individual or Dissenting Views.--Members of the Commission
shall make every effort to reach consensus on the report. When a report
supported by all Commissioners is not possible, the report shall be
approved by an affirmative vote of at least six of the nine Members of
the Commission and each Member of the Commission may include the
individual or dissenting views of the Member.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    Section 207(a) of the International Religious Freedom Act of 1998
(22 U.S.C. 6435(a)) is amended by striking ``2014'' and inserting
``2016''.

SEC. 7. TERMINATION.

    Section 209 of the International Religious Freedom Act of 1998 (22
U.S.C. 6436) is amended by striking ``September 30, 2014'' and
inserting ``September 30, 2016''.

Summary: United States Commission on International Religious Freedom Reform and Reauthorization Act of 2014 - Amends the International Religious Freedom Act of 1998 to reauthorize the US Commission on International Religious Freedom through September 30, 2016. Directs the Commission, during an initial election, to elect: (1) as Chair a Commissioner appointed by an elected official of the political party that is not the political party of the President, and (2) as Vice Chair a Commissioner appointed by an elected official of the political party of the President. Sets forth a process for future elections in which the positions of Chair and Vice Chair rotate annually between Commissioners appointed by elected officials of each political party. Requires the Ambassador at Large to be notified in advance of all Commission meetings. Allows the Ambassador to attend all meetings as a nonvoting member. Removes authority under which a Commission member may serve after the expiration of that member's term until a successor has taken office. Requires approval by at least six of the nine members of the Commission before: (1) issuance of a statement on behalf of the Commission, or (2) submittal of policy recommendation reports to the President, the Secretary of State, and Congress. Permits each member to include individual or dissenting views. Authorizes elected officials to appoint majority and minority staff directors for the Commission, as well as professional staff for the political parties.


SECTION 1. FINDINGS.

    Congress finds the following:
            (1) According to a 2003 Government Accountability Office
        report, even after accounting for factors such as occupation,
        industry, race, marital status, job tenure, and differing work
        patterns, all of which affect earnings, women are paid, on
        average, 80 cents compared to every dollar that men are paid.
            (2) According to the same report, the earnings gap between
        men and women has persisted without statistically significant
        changes for the past two decades.
            (3) According to a 2001 report by the Bureau of Labor
        Statistics, the earnings gap among working men and women is
        widest among parents.
            (4) Some women choose to trade advancing in their careers
        or higher earnings for a job offering the flexibility to manage
        family responsibilities alongside work.
            (5) According to a 2001 Government Accountability Office
        study, in 1995 and 2000, female full-time managers earned less
        than their male counterparts.
            (6) According to the same study, in 7 of the 10 industries
        studied, the earnings gap between female and male full-time
        managers actually widened between 1995 and 2000.
            (7) Women make up 46 percent of the workforce but represent
        just 12 percent of all corporate officers.
            (8) A reason for the continuing earnings disparity might be
        discrimination as to which roles are considered acceptable for
        men and women and how women are viewed in the workplace.
            (9) According to the February 2004 Monthly Labor Review of
        the Bureau of Labor Statistics, the Department of Labor
        projects that the United States work force is growing at a rate
        of 1 percent per year, in part due to the continually increased
        presence of women.

SEC. 2. CENTER FOR THE STUDY OF WOMEN AND WORKPLACE POLICY.

    (a) Establishment.--The Secretary of Labor shall make a grant to an
eligible university to establish the ``Center for the Study of Women
and Workplace Policy'' (referred to in this Act as the ``Center'').
    (b) Use of Funds.--
            (1) Compilation and analysis of data.--The Center
        established under subsection (a) shall compile and analyze
        available data and data sets on the difference between the
        earnings of men and women, including the Panel Study of Income
        Dynamic housed at the University of Michigan in Ann Arbor, and
        to identify factors which affect differences in earnings.
            (2) Dissemination of findings.--The Center shall--
                    (A) disseminate its findings annually to the
                public, using a website and any other appropriate
                means; and
                    (B) maintain a website to serve as a clearinghouse
                for the data and findings of relevant recent studies.
            (3) Best practices guides.--Each year, the Center shall
        publish one best practices guide, as follows:
                    (A) Best practices guide for businesses.--Not later
                than one year after the Center is established under
                subsection (a), the Center shall publish a best
                practices guide for businesses containing recommended
                guidelines for--
                            (i) workplace equity;
                            (ii) retaining women in the workplace; and
                            (iii) promoting a family-friendly
                        workplace.
                    (B) Best practices guide for families.--Not later
                than one year after the publication of the best
                practices guide for businesses under subparagraph (A),
                the Center shall publish a best practices guide for
                families, containing information about--
                            (i) the policies of various employers
                        relating to workplace equity, retaining women
                        in the workplace, and promoting a family-
                        friendly workplace;
                            (ii) strategies for addressing inequity in
                        the workplace; and
                            (iii) recent findings on inequity in the
                        workplace.
                    (C) Subsequent editions.--The Center shall update,
                revise, and publish a subsequent edition of each of the
                best practices guides under subparagraphs (A) and (B)
                once every two years after the initial publication of
                each guide.
    (c) Eligible University.--In this Act, the term ``eligible
university'' means a public university--
            (1) with a school of public policy, a school of business, a
        center devoted to the education of women, and social research
        facilities;
            (2) at which research is conducted on--
                    (A) gender differences and levels of achievement in
                the careers of faculty members employed by institutions
                of higher education;
                    (B) work experiences of non-tenure-track faculty
                members employed by such institutions;
                    (C) policies of such institutions with respect to
                work and family for tenure-track faculty members; and
                    (D) the number of women employed as chief executive
                officers and directors at large publicly-held
                companies; and
            (3) which has designed or is in the process of designing a
        national clearinghouse for information concerning gender
        differences and levels of achievement in the careers of faculty
        members and work and family policies and issues affecting
        faculty members which includes citations to research and
        examples of relevant policies and practices.
    (d) Report.--Not later than 12 months after receiving a grant under
this Act, the recipient shall submit to the Secretary and to Congress a
report documenting how the university used the grant funds and
evaluating the level of success of the Center funded by the grant.
    (e) Amount of Grant.--For each of fiscal years 2006 through 2010,
the Secretary shall provide a grant in the amount of $1,000,000 to an
eligible university to carry out this Act.

Summary: Directs the Secretary of Labor to make a grant, to a public university with specified characteristics, to establish the Center for the Study of Women and Workplace Policy. Requires the Center to: (1) compile and analyze available data and data sets on the difference between the earnings of men and women, including the Panel Study of Income Dynamic housed at the University of Michigan in Ann Arbor, and to identify factors which affect differences in earnings. And (2) disseminate findings, maintain a website as a clearinghouse, and publish an annual best practices guide.

To direct the Secretary of Labor to make a grant to a public university to establish the Center for the Study of Women and Workplace Policy.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alcohol Tax Equalization Act''.

SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC
              EQUIVALENT OF TAXES ON DISTILLED SPIRITS.

    (a) Wine.--
            (1) Wines containing not more than 14 percent alcohol.--
        Paragraph (1) of section 5041(b) of the Internal Revenue Code
        of 1986 (relating to rates of tax on wines) is amended by
        striking ``$1.07'' and inserting ``$2.97''.
            (2) Wines containing more than 14 (but not more than 21)
        percent alcohol.--Paragraph (2) of section 5041(b) of such Code
        is amended by striking ``$1.57'' and inserting ``$4.86''.
            (3) Wines containing more than 21 (but not more than 24)
        percent alcohol.--Paragraph (3) of section 5041(b) of such Code
        is amended by striking ``$3.15'' and inserting ``$6.08''.
    (b) Beer.--
            (1) In general.--Paragraph (1) of section 5051(a) of such
        Code (relating to imposition and rate of tax on beer) is
        amended by striking ``$18'' and inserting ``$37.67''.
            (2) Small brewers.--Subparagraph (A) of section 5051(a)(2)
        of such Code (relating to reduced rate for certain domestic
        production) is amended by striking ``$7'' each place it appears
        and inserting ``$26.67''.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1995.
    (d) Floor Stocks Taxes.--
            (1) Imposition of tax.--
                    (A) In general.--In the case of any tax-increased
                article--
                            (i) on which tax was determined under part
                        I of subchapter A of chapter 51 of the Internal
                        Revenue Code of 1986 or section 7652 of such
                        Code before January 1, 1995, and
                            (ii) which is held on such date for sale by
                        any person,
                there shall be imposed a tax at the applicable rate on
                each such article.
                    (B) Applicable rate.--For purposes of clause (i),
                the applicable rate is--
                            (i) $1.90 per wine gallon in the case of
                        wine described in paragraph (1) of section
                        5041(b) of such Code,
                            (ii) $3.29 per wine gallon in the case of
                        wine described in paragraph (2) of section
                        5041(b) of such Code,
                            (iii) $2.93 per wine gallon in the case of
                        wine described in paragraph (3) of section
                        5041(b) of such Code, and
                            (iv) $19.67 per barrel in the case of beer.
                In the case of a fraction of a gallon or barrel, the
                tax imposed by subparagraph (A) shall be the same
                fraction as the amount of such tax imposed on a whole
                gallon or barrel.
                    (C) Tax-increased article.--For purposes of this
                subsection, the term ``tax-increased article'' means
                wine described in paragraph (1), (2), or (3) of section
                5041(b) of such Code and beer.
            (2) Exception for certain small wholesale or retail
        dealers.--No tax shall be imposed by subparagraph (A) on tax-
        increased articles held on January 1, 1995, by any dealer if--
                    (A) the aggregate liquid volume of tax-increased
                articles held by such dealer on such date does not
                exceed 500 wine gallons, and
                    (B) such dealer submits to the Secretary (at the
                time and in the manner required by the Secretary) such
                information as the Secretary shall require for purposes
                of this subparagraph.
            (3) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding any tax-
                increased article on January 1, 1995, to which the tax
                imposed by paragraph (1) applies shall be liable for
                such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before June 30, 1995.
            (4) Controlled groups.--
                    (A) Corporations.--In the case of a controlled
                group, the 500 wine gallon amount specified in
                paragraph (2), shall be apportioned among the dealers
                who are component members of such group in such manner
                as the Secretary shall by regulations prescribe. For
                purposes of the preceding sentence, the term
                ``controlled group'' has the meaning given to such term
                by subsection (a) of section 1563 of such Code; except
                that for such purposes the phrase ``more than 50
                percent'' shall be substituted for the phrase ``at
                least 80 percent'' each place it appears in such
                subsection.
                    (B) Nonincorporated dealers under common control.--
                Under regulations prescribed by the Secretary,
                principles similar to the principles of subparagraph
                (A) shall apply to a group of dealers under common
                control where 1 or more of such dealers is not a
                corporation.
            (5) Other laws applicable.--
                    (A) In general.--All provisions of law, including
                penalties, applicable to the comparable excise tax with
                respect to any tax-increased article shall, insofar as
                applicable and not inconsistent with the provisions of
                this paragraph, apply to the floor stocks taxes imposed
                by paragraph (1) to the same extent as if such taxes
                were imposed by the comparable excise tax.
                    (B) Comparable excise tax.--For purposes of
                subparagraph (A), the term ``comparable excise tax''
                means--
                            (i) the tax imposed by section 5041 of such
                        Code in the case of wine, and
                            (ii) the tax imposed by section 5051 of
                        such Code in the case of beer.
            (6) Definitions.--For purposes of this subsection--
                    (A) In general.--Terms used in this paragraph which
                are also used in subchapter A of chapter 51 of such
                Code shall have the respective meanings such terms have
                in such part.
                    (B) Person.--The term ``person'' includes any State
                or political subdivision thereof, or any agency or
                instrumentality of a State or political subdivision
                thereof.
                    (C) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or his delegate.

SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.

    (a) General Rule.--Subpart E of part I of subchapter A of chapter
51 of the Internal Revenue Code of 1986 is amended by inserting before
section 5061 the following new section:

``SEC. 5060. INDEXATION OF RATES.

    ``(a) General Rule.--Effective during each calendar year after
1995, each tax rate set forth in subsection (b) shall be increased by
an amount equal to--
            ``(1) such rate as in effect without regard to this
        section, multiplied by
            ``(2) the cost-of-living adjustment for such calendar year
        determined under section 1(f)(3) by substituting `calendar year
        1994' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of 1 cent.
    ``(b) Tax Rates.--The tax rates set forth in this subsection are
the rates contained in the following provisions:
            ``(1) Paragraphs (1) and (3) of section 5001(a).
            ``(2) Paragraphs (1), (2), (3), (4), and (5) of section
        4041(b).
            ``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
    (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section
5010(a) are each amended by striking ``$13.50'' and inserting ``the
rate in effect under section 5001(a)(1)''.
    (c) Clerical Amendment.--The table of sections for subpart E of
part I of subchapter A of chapter 51 of such Code is amended by
inserting before the item relating to section 5061 the following new
item:

                              ``Sec. 5060. Indexation of rates.''

SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    (a) General Rule.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds) is
amended by adding at the end thereof the following new section:

``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Mental Health and
Substance Abuse Benefits Trust Fund', consisting of such amounts as may
be appropriated or credited to such Trust Fund as provided in this
section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Mental Health and Substance Abuse Benefits Trust Fund amounts
equivalent to the additional taxes received in the Treasury under
chapter 51 by reason of the amendments made by sections 2 and 3 of the
Alcohol Tax Equalization Act.
    ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health
and Substance Abuse Benefits Trust Fund shall be available, as provided
in appropriation Acts, for purposes of providing mental health and
substance abuse benefits under health care reform legislation hereafter
enacted.''
    (b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 is amended by adding at the end thereof the following new
item:

                              ``Sec. 9512. Mental health and substance
                                        abuse benefits trust fund.''

Summary: Alcohol Tax Equalization Act - Amends the Internal Revenue Code to increase the excise taxes on wine and beer to the alcoholic equivalent of taxes on distilled spirits. Indexes such tax rates based on the cost-of-living adjustment for calendar year 1994. Establishes the Mental Health and Substance Abuse Benefits Trust Fund. Appropriates amounts received under this Act to such Fund.

Alcohol Tax Equalization Act