SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mine Safety and Health Act of
2006''.

SEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS.

    Section 101 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 811) is amended by adding at the end the following:
    ``(f) Establishing Improved Mandatory Health and Safety
Standards.--Notwithstanding any other provision of this section
regarding the promulgation of mandatory health and safety standards,
and in addition to the requirements of any mandatory safety and health
standard promulgated under this Act, the following shall be mandatory
health and safety standards that apply to all coal or other mines:
            ``(1) Oxygen stations.--An operator shall strategically
        locate, within each area of an underground coal or other mine
        where miners are working, not less than 1 oxygen station that
        can provide the average number of miners expected to be working
        in such area with not less than a 4-day supply of oxygen.
            ``(2) Wireless emergency tracking devices.--An operator
        shall make available to each miner a wireless emergency
        tracking device that will enable rescuers to locate the miner
        in the event of an accident or emergency.
            ``(3) Wireless communications devices.--An operator shall
        require that each miner working in an underground coal or other
        mine carry a wireless text messaging or other wireless
        communications device that will enable rescuers or mine
        operators to communicate with the miner.
            ``(4) Communications among rescue workers.--In the event of
        a rescue operation, the operator of a coal or other mine shall
        ensure that communications relating to the rescue are
        transmitted only to the individuals participating in the rescue
        operation.
            ``(5) Secondary telephone service.--For each area within an
        underground coal or other mine where a miner is working, an
        operator shall provide secondary telephone service, or
        equivalent 2-way communication facilities, between the surface
        and the underground mine at an entry separate from the location
        of existing telephone service or equivalent facilities, in
        order to increase the likelihood of maintaining communications
        between the miner and surface or rescue personnel in the event
        of an accident or emergency.''.

SEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS.

    (a) Accident Investigations and Internal Reviews.--Section 103 of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is
amended--
            (1) in subsection (a), by adding at the end the following:
        ``In the case of an investigation of an accident or other
        occurrence relating to health or safety in a coal or other
        mine, the Secretary, or the authorized representative of the
        Secretary, shall conduct interviews of the miners regarding the
        accident or occurrence without having a representative of the
        operator present.''; and
            (2) in subsection (b), by adding at the end the following:
        ``The Secretary shall promulgate regulations establishing rules
        for conducting an investigation of any accident relating to
        health or safety in a coal or other mine and for holding
        hearings relating to such investigation. Not later than 30 days
        after completing such investigation or a review regarding the
        Administration's response to such accident, the Secretary shall
        submit the report regarding the investigation or review to the
        Committee on Appropriations and the Committee on Health,
        Education, Labor, and Pensions of the Senate and the Committee
        on Appropriations and the Committee on Education and the
        Workforce of the House of Representatives.''.
    (b) Quarterly Review of Certain Plans.--Section 103 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding
at the end the following:
    ``(l) Quarterly Review.--Notwithstanding any mandatory safety and
health standard promulgated under this Act, the Secretary or the
Secretary's authorized representative shall review the ventilation
system and methane and dust control plan and the roof control plan of
an operator at least once every 3 months.''.
    (c) Progress Check.--Section 104(a) of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the
third sentence the following: ``Not later than 24 hours after an
operator has received a citation under this subsection, an authorized
representative of the Secretary shall contact the operator to ensure
that the operator is taking steps to abate the violation in the
reasonable time specified in the citation.''.

SEC. 4. EMERGENCY CALL CENTER.

    Section 104 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 814) is amended by adding at the end the following:
    ``(l) Emergency Call Center.--
            ``(1) In general.--The Secretary shall establish, within
        the Administration, a central communications emergency call
        center for all coal and other mine operations that shall be
        staffed and operated 24 hours a day, 7 days a week. All calls
        placed to the emergency call center shall be answered by an
        individual.
            ``(2) Contact list.--To assist in the operation of the
        emergency call center, the Secretary shall provide the
        emergency call center with an emergency contact list that
        contains the contact information for all coal or other mines
        subject to this Act and shall update the contact list on a
        quarterly basis.''.

SEC. 5. PENALTIES.

    (a) Increased Penalties and User Fees.--Section 110 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by inserting before the
                period ``, except that a flagrant violation may be
                assessed a civil penalty of not more than $500,000'';
                    (B) in the second sentence, by inserting ``, other
                than a flagrant violation,'' after ``safety standard'';
                and
                    (C) by adding at the end the following: ``In this
                subsection, the term `flagrant violation' means a
                reckless or repeated failure to make reasonable efforts
                to eliminate a known violation of a mandatory health
                and safety standard that substantially and proximately
                caused, or reasonably could be expected to cause, death
                or serious bodily injury.'';
            (2) in subsection (b), by striking ``$5,000'' and inserting
        ``$55,000'';
            (3) in subsection (d)--
                    (A) by inserting ``knowingly exposes miners to
                situations likely to cause death or serious bodily
                injury,'' after ``operator who'';
                    (B) by striking ``$25,000'' and inserting
                ``$250,000''; and
                    (C) by striking ``$50,000'' and inserting
                ``$500,000'';
            (4) in subsection (e), by striking ``$1,000'' and inserting
        ``$20,000'';
            (5) in subsection (f), by striking ``$10,000'' and
        inserting ``$100,000'';
            (6) by redesignating subsections (i) through (k) and
        subsection (l) as subsections (j) through (l) and subsection
        (o), respectively;
            (7) by inserting after subsection (h) the following:
    ``(i) Failure to Inform.--Any operator who fails to inform the
Secretary of a disaster relating to a coal or other mine within the 15-
minute period following the occurrence of the disaster shall be subject
to a civil penalty of not less than $100,000. The Secretary may waive
the penalty under this subsection if the Secretary determines that the
failure to inform within the time period was caused by circumstances
outside the control of the operator.''; and
            (8) by inserting after subsection (l) (as so redesignated
        by paragraph (6)) the following:
    ``(m) Minimum Fine or Penalty.--
            ``(1) Serious illness or injury hazard.--A fine or civil
        penalty assessed under this section for a violation of a
        mandatory health or safety standard, or other provision of this
        Act, that could cause serious illness or injury shall be in an
        amount of not less than $10,000.
            ``(2) Habitual violator.--A fine or civil penalty assessed
        under this section, to any operator of a coal or other mine who
        habitually violates this Act, for a violation of a mandatory
        health or safety standard, or other provision of this Act, that
        could significantly and substantially contribute to a safety or
        health hazard shall be in an amount of not less than $20,000.
    ``(n) User Fees.--An operator who incurs a civil penalty or fine
under this section shall, in addition to the amount of such penalty or
fine, be assessed a user fee of $100 for each such penalty or fine.
Such fees shall be collected by the Secretary to be deposited in an
Administration account and shall be used to augment the amounts
appropriated to the Administration for carrying out the following
activities:
            ``(1) To reimburse operators for the cost of training,
        research and development, rescue teams, safe rooms, or other
        supplies or equipment for miner safety.
            ``(2) To enable the Administration to provide technical
        support, educational policy and development, and program
        evaluation and information activities in accordance with this
        Act.''.
    (b) No Reduction of Certain Fines.--Section 105(d) of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the
first sentence by inserting ``, except that the Commission shall not
decrease a civil penalty assessed for a flagrant violation, as defined
in section 110(a), or for a habitual violation'' after ``appropriate
relief''.

SEC. 6. MANDATORY HEALTH AND SAFETY TRAINING.

    Section 115(a) of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 825(a)) is amended--
            (1) by redesignating paragraph (5) as paragraph (7); and
            (2) by inserting after paragraph (4) the following:
            ``(5) all miners shall receive initial training in the
        proper usage of wireless communications devices and shall
        receive refresher training courses on such usage not less often
        than once each calendar year;
            ``(6) each rescue team for the mine shall participate in a
        surprise, unannounced emergency rescue drill at an operating
        mine not less often than 2 times each calendar year; and''.

Summary: Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station, (2) wireless emergency tracking devices, (3) wireless communication devices. (4) restricting communications relating to a rescue operation only to individuals participating in the rescue. And (5) secondary telephone service. Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator. Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents. And (2) report to specified congressional committees within 30 days of completing an investigation. Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan. And (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation. Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations. Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety. Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year.

A bill to amend the Federal Mine Safety and Health Act of 1977 to improve mine safety, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Identity Defense Act
of 2015''.

SEC. 2. DISCLOSURE OF CERTAIN RETURN INFORMATION WITH RESPECT TO
              IDENTITY THEFT.

    (a) In General.--Subsection (l) of section 6103 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(23) Disclosure of return information in certain cases of
        identity theft.--
                    ``(A) In general.--If the Secretary has reason to
                believe that there has been a fraudulent use of a
                social security account number on a statement described
                in section 6051--
                            ``(i) the Secretary shall disclose to the
                        individual who was validly assigned such social
                        security account number--
                                    ``(I) that the Secretary has reason
                                to believe that the social security
                                account number assigned to such
                                individual has been fraudulently used
                                in the employment context,
                                    ``(II) that the Secretary has made
                                the disclosure described in clause (ii)
                                to the Director of the Federal Bureau
                                of Investigation and the Attorney
                                General with respect to such fraudulent
                                use, and
                                    ``(III) such other information
                                (other than return information) as the
                                Secretary determines, in consultation
                                with Federal Trade Commission, would be
                                helpful and appropriate to provide to a
                                victim of identity theft, and
                            ``(ii) the Secretary shall disclose to the
                        Director of the Federal Bureau of Investigation
                        and the Attorney General--
                                    ``(I) such social security account
                                number,
                                    ``(II) that the Secretary has
                                reason to believe that such social
                                security account number has been
                                fraudulently used in the employment
                                context, and
                                    ``(III) the taxpayer identity
                                information of the individual who was
                                assigned such social security account
                                number, the individual believed to have
                                fraudulently used such social security
                                account number, and the employer who
                                made the statement described in section
                                6051 which included such social
                                security account number.
                    ``(B) Restriction on disclosure to law
                enforcement.--
                            ``(i) Disclosure to other law enforcement
                        officials.--The Director of the Federal Bureau
                        of Investigation and the Attorney General may
                        disclose information received under
                        subparagraph (A)(ii) to appropriate Federal,
                        State, and local law enforcement officials.
                            ``(ii) Restriction on use of disclosed
                        information.--Return information disclosed
                        under subparagraph (A)(ii) may be used by
                        Federal, State, and local law enforcement
                        officials only for purposes of carrying out
                        criminal investigations or prosecutions.
                            ``(iii) Memorandum of understanding.--For
                        purposes of this paragraph, any return
                        information disclosed under subparagraph
                        (A)(ii) may not be provided to any State or
                        local law enforcement official until such
                        official has entered into a memorandum of
                        understanding with the Secretary that includes
                        the following terms and conditions:
                                    ``(I) Confidentiality of returns
                                and return information and prohibitions
                                on disclosure described in subsection
                                (a)(3).
                                    ``(II) Safeguards, restrictions on
                                access, and recordkeeping requirements
                                described in subsection (p)(4).
                                    ``(III) Application of penalties
                                for unauthorized disclosure of returns
                                and return information under section
                                7213(a)(2).
                                    ``(IV) Any additional terms and
                                conditions deemed appropriate by the
                                Secretary.''.
    (b) Prevention of Identity Theft.--In the case of an employee for
whom the Commissioner of the Social Security Administration has reason
to believe that the social security number included on any statement
described in section 6051(a) of the Internal Revenue Code of 1986 with
respect to such employee is not the correct social security number for
such employee, the Commissioner shall provide notification to the
employer for such employee which includes--
            (1) the name of the employee and the social security number
        included on such statements; and
            (2) relevant information regarding the availability of the
        Social Security Number Verification Service for verification of
        social security numbers.
    (c) Conforming Amendments Related to Disclosure.--
            (1) Confidentiality.--Paragraph (3) of section 6103(a) of
        such Code is amended by striking ``or (21)'' and inserting
        ``(21), or (23)''.
            (2) Procedures and recordkeeping related to disclosures.--
        Paragraph (4) of section 6103(p) of such Code is amended by
        striking ``or (20)'' each place it appears and inserting
        ``(20), or (23)''.
            (3) Unauthorized disclosure or inspection.--Paragraph (2)
        of section 7213(a) of such Code is amended by striking ``or
        (21)'' and inserting ``(21), or (23)''.

SEC. 3. PENALTIES FOR TAX-RELATED IDENTITY THEFT.

    (a) In General.--Section 1028A(c) of title 18, United States Code,
is amended--
            (1) by redesignating paragraphs (8) through (11) as
        paragraphs (10) through (13), respectively; and
            (2) by inserting after paragraph (7) the following new
        paragraphs:
            ``(8) section 286 (relating to conspiracy to defraud the
        government with respect to claims), section 287 (relating to
        false, fictitious, or fraudulent claims), section 371 (relating
        to conspiracy to commit an offense or to defraud the United
        States), section 1001 (relating to statements or entries),
        section 1341 (relating to frauds and swindles), section 1342
        (relating to a fictitious name or address), section 1343
        (relating to fraud by wire, radio, or television), or section
        1344 (relating to bank fraud), if the felony violation is a
        tax-related offense punishable under such section;
            ``(9) section 7206 of the Internal Revenue Code of 1986
        (relating to fraud and false statements);''.
    (b) Penalty for Misappropriation of Tax Identification Numbers.--
            (1) In general.--Part I of subchapter B of chapter 68 of
        the Internal Revenue Code of 1986 is amended by adding at the
        end the following new section:

``SEC. 6720D. MISAPPROPRIATION OF TAX IDENTIFICATION NUMBER.

    ``In addition to any penalty provided by law, any person who
knowingly or willfully misappropriates another person's tax
identification number in connection with any list, return, account,
statement, or other document submitted to the Secretary shall pay a
penalty of $5,000.''.
            (2) Conforming amendment.--The table of sections for part I
        of subchapter B of chapter 68 of such Code is amended by adding
        at the end the following new item:

``Sec. 6720D. Misappropriation of tax identification number.''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to returns and information submitted after the date
        of the enactment of this Act.

Summary: Social Security Identity Defense Act of 2015 This bill amends the Internal Revenue Code, with respect to the disclosure of tax return information in cases of identity theft, to require the Department of the Treasury to: (1) disclose to the holder of a valid social security account number that there is reason to believe that there has been anbsp, fraudulent use of such account number, andnbsp, (2) disclose to the Federal Bureau of Investigation (FBI)nbsp, and the Department of Justice (DOJ)nbsp. Such social security account number, that there is reason to believe that such account number has been fraudulently used in the employment context, and the taxpayer identity information of the individual who was assigned such account number. The bill authorizes the FBI and DOJ to disclose taxpayer information to appropriate federal, state, and local law enforcement officials solely for purposes of carrying out criminal investigations or prosecutions. The bill also imposes new criminal and civil penalties for tax-related identity theft and misappropriation of tax identification numbers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reno, Nevada, Railroad Right-of-Way
Conveyance Validation Act''.

SEC. 2. VALIDATION OF CONVEYANCES.

    Except as provided in section 4, the conveyances described in
section 3 (involving certain lands in Washoe County, State of Nevada)
concerning lands that form parts of the right-of-way granted by the
United States to the Central Pacific Railway Company in the Act
entitled ``An Act to aid in the Construction of a Railroad and
Telegraph Line from the Missouri River to the Pacific Ocean, and to
secure to the Government the Use of the same for Postal, Military, and
Other Purposes'', approved July 1, 1862 (12 Stat. 489), hereby are
legalized, validated, and confirmed, as far as any interest of the
United States in such lands is concerned, with the same force and
effect as if the land involved in each such conveyance had been held,
on the date of such conveyance, under absolute fee simple title by the
grantor of such land.

SEC. 3. CONVEYANCES OF LANDS IN WASHOE COUNTY, STATE OF NEVADA.

    The conveyances of land in Washoe County, State of Nevada, referred
to in section 2 are as follows:
            (1) The conveyance entered into between Charles Crocker,
        grantor, and A. Montminy, grantee, recorded June 10, 1868, in
        book 2, at page 417, in the deed records of the county of
        Washoe.
            (2) The conveyance entered into between Charles Crocker,
        grantor, and U. Harris, grantee, recorded June 22, 1868, in
        book 2, at page 430, in the deed records of the county of
        Washoe.
            (3) The conveyance entered into between Charles Crocker,
        grantor, and Mark Lovely, grantee, recorded July 16, 1868, in
        book 2, at page 569, in the deed records of the county of
        Washoe.
            (4) The conveyance entered into between Charles Crocker,
        grantor, and Marco Medin and Paul Mavrich, grantees, recorded
        July 20, 1868, in book 2, at page 462, in the deed records of
        the county of Washoe.
            (5) The conveyance entered into between Charles Crocker,
        grantor, and S. Barclay, grantee, recorded September 21, 1868,
        in book 2, at page 513, in the deed records of the county of
        Washoe.
            (6) The conveyance entered into between Charles Crocker,
        grantor, and John Piper, grantee, recorded December 18, 1868,
        in book 2, at page 613, in the deed records of the county of
        Washoe.
            (7) The conveyance entered into between Charles Crocker,
        grantor, and William H. Potter, grantee, recorded June 28,
        1869, in book 3, at page 15, in the deed records of the county
        of Washoe.
            (8) The conveyance entered into between Charles Crocker,
        grantor, and O.C. Madden, recorded November 16, 1870, in book
        3, at page 299, in the deed records of the county of Washoe.
            (9) The conveyance entered into between Charles Crocker,
        grantor, and Peter Zenovich and George Zenovich, grantees,
        recorded August 12, 1871, in book 3, at page 519, in the deed
        records of the county of Washoe.
            (10) The conveyance entered into between Charles Crocker,
        grantor, and Mrs. M.A. Pine, grantee, recorded August 21, 1871,
        in book 3, at page 527, in the deed records of the county of
        Washoe.
            (11) The conveyance entered into between Charles Crocker,
        grantor, and T.R. Hughes, grantee, recorded October 11, 1871,
        in book 3, at page 552, in the deed records of the county of
        Washoe.
            (12) The conveyance entered into between Charles Crocker,
        grantor, and Joseph Leonard, grantee, recorded December 10,
        1873, in book 4, at page 568, in the deed records of the county
        of Washoe.
            (13) The conveyance entered into between Charles Crocker,
        grantor, and S.M. Jamison, grantee, recorded August 17, 1875,
        in book 5, at page 606, in the deed records of the county of
        Washoe.
            (14) The conveyance entered into between Charles Crocker,
        grantor, and W.R. Chamberlain and W.S. Bender, grantees,
recorded April 6, 1876, in book 6, at page 77, in the deed records of
the county of Washoe.
            (15) The conveyance entered into between Charles Crocker,
        grantor, and C.S. Martin, grantee, recorded September 29, 1880,
        in book 8, at page 628, in the deed records of the county of
        Washoe.
            (16) The conveyance entered into between Charles Crocker,
        grantor, and E.C. McKenney, grantee, recorded October 7, 1881,
        in book 9, at page 296, in the deed records of the county of
        Washoe.
            (17) The conveyance entered into between Charles Crocker,
        grantor, and Josephine E. McCutchen, recorded May 2, 1891, in
        book 15, at page 401, in the deed records of the county of
        Washoe.
            (18) The conveyance entered into between the Southern
        Pacific Transportation Company, grantor, and Lincoln Management
        Company, Inc., a Nevada corporation, as to an undivided 50
        percent interest, Donald L. Carano, a married man, as to an
        undivided 33 percent interest, and Raymond J. Poncia, Jr., an
        unmarried man, as to an undivided 17 percent interest as
        tenants in common, grantees, recorded September 30, 1988, in
        book 2806, at page 950, as instrument no. 1278084, in the
        official records of the county of (Washoe).
            (19) The conveyance entered into between the Southern
        Pacific Transportation Company, grantor, and Western Pacific
        Development Corporation, a Delaware corporation grantee,
        recorded October 5, 1988, in book 2809, at page 522, as
        instrument no. 1279168, and by Correction Deed recorded July
        31, 1989, in book 2943, at page 902, as instrument no. 1340306
        in the official records of the county of Nevada.
            (20) The conveyance entered into between the Southern
        Pacific Transportation Company, grantor, and Zante, Inc., a
        Nevada corporation, grantee, recorded May 31, 1989, in book
        2916, at page 825, as instrument no. 1327855 in the official
        records of the county of Nevada.
            (21) The conveyance entered into between the Southern
        Pacific Transportation Company, grantor, and Frank F. Knafel,
        an individual, grantee, recorded September 29, 1989, in book
        2971, at page 120, as instrument no. 1352564 in the official
        records of the county of Nevada.
            (22) The conveyances entered into between the Southern
        Pacific Transportation Company, grantor, and George E. Croom,
        Jr., and Sharon M. Croom, as Trustees of The Lake Trust,
        grantee, recorded August 25, 1990, in book 3131, at page 608,
        as instrument no. 1422684 in the official records of the county
        of Nevada.
            (23) The conveyance entered into between the Southern
        Pacific Transportation Company, grantor, and the Redevelopment
        Agency of the City of Reno, a governmental agency, grantee,
        recorded December 11, 1992, in book 3630, at page 297, as
        instrument no. 1629655 in the official records of the county of
        Nevada.

SEC. 4. LIMITATIONS ON VALIDATION OF CONVEYANCES.

    (a) Scope.--Nothing in this Act shall be construed to--
            (1) diminish the right-of-way referred to in section 2 to a
        width of less than 50 feet on each side of the center of the
        main track or tracks maintained by the Southern Pacific
        Transportation Company on the date of enactment of this Act; or
            (2) legalize, validate, or confirm, with respect to any
        land that is the subject of a conveyance referred to in section
        3, any right or title to, or interest in, such land arising out
        of adverse possession, prescription, or abandonment, and not
        confirmed by such conveyance;
            (3) impair any existing rights of access in favor of the
        public or any owner of adjacent lands over, under, or across
        the lands which are referred to in section 3.
    (b) Minerals.--
            (1) The United States hereby reserves any federally owned
        minerals that may exist in land that is conveyed pursuant to
        section 2 of this Act, including the right of the United
        States, its assignees or lessees, to enter upon and utilize as
        much of the surface of said land as is necessary to remove
        minerals under the laws of the United States.
            (2) Any and all minerals reserved by paragraph (1) are
        hereby withdrawn from all forms of entry, appropriation, and
        patent under the mining, mineral leasing, and geothermal
        leasing laws of the United States.

Summary: Reno, Nevada, Railroad Right-of-Way Conveyance Validation Act - Validates the conveyances from the United States to the Central Pacific Railway Company of certain lands in Washoe County, Nevada, constituting parts of a right-of-way granted to such Railway. Reserves to the United States any federally owned mineral rights in such lands.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sportsmanship in Hunting Act of
2008''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The ethic of hunting involves the consideration of fair
        chase, which allows the animal the opportunity to avoid the
        hunter.
            (2) At more than 1,000 commercial canned hunt operations
        across the country, trophy hunters pay a fee to shoot captive
        exotic animals, from African lions to giraffes and blackbuck
        antelope, in fenced-in enclosures.
            (3) Clustered in a captive setting at unusually high
        densities, confined exotic animals attract disease more readily
        than more widely dispersed native species who roam freely.
            (4) The transportation of captive exotic animals to
        commercial canned hunt operations can facilitate the spread of
        disease across great distances.
            (5) The regulation of the transport and treatment of exotic
        animals on shooting preserves falls outside the traditional
        domains of State agriculture departments and State fish and
        game agencies.
    (b) Purposes.--This Act--
            (1) is limited in its purpose and will not limit the
        licensed hunting of any native mammals or any native or exotic
        birds;
            (2) does not aim to criticize those hunters who pursue
        animals that are not enclosed within a fence; and
            (3) does not attempt to prohibit slaughterhouse activities,
        nor does it aim to prohibit the routine euthanasia of
        domesticated farm animals.

SEC. 3. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES OF
              KILLING OR INJURING THEM.

    (a) In General.--Chapter 3 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 50. Exotic animals
    ``(a) Prohibition.--
            ``(1) In general.--Whoever, in or substantially affecting
        interstate or foreign commerce, knowingly transfers,
        transports, or possesses a confined exotic animal, for the
        purposes of allowing the killing or injuring of that animal for
        entertainment or for the collection of a trophy, shall be fined
        under this title, imprisoned not more than 1 year, or both.
            ``(2) Exception.--This section shall not apply to the
        killing or injuring of an exotic animal in a State or Federal
        natural area reserve undertaking habitat restoration.
    ``(b) Definitions.--In this section--
            ``(1) the term `confined exotic animal' means a mammal of a
        species not historically indigenous to the United States, that
        has been held in captivity, whether or not the defendant knows
        the length of the captivity, for the shorter of--
                    ``(A) the majority of the animal's life; or
                    ``(B) a period of 1 year; and
            ``(2) the term `captivity' does not include any period
        during which an animal lives as it would in the wild--
                    ``(A) surviving primarily by foraging for naturally
                occurring food;
                    ``(B) roaming at will over an open area of not less
                than 1,000 acres; and
                    ``(C) having the opportunity to avoid hunters.
    ``(c) Enforcement.--
            ``(1) In general.--Any person authorized by the Secretary
        of the Interior, acting through the Director of the United
        States Fish and Wildlife Service, may--
                    ``(A) without a warrant, arrest any person that
                violates this section (including regulations
                promulgated under this section) in the presence or view
                of the arresting person;
                    ``(B) execute any warrant or other process issued
                by an officer or court of competent jurisdiction to
                enforce this section; and
                    ``(C) with a search warrant, search for and seize
                any animal taken or possessed in violation of this
                section.
            ``(2) Forfeiture.--Any animal seized with or without a
        search warrant shall be held by the Secretary or by a United
        States marshal, and upon conviction of the defendant, shall be
        forfeited to the United States and disposed of by the Secretary
        of the Interior in accordance with law.
            ``(3) Assistance.--The Director of the United States Fish
        and Wildlife Service may use by agreement, with or without
        reimbursement, the personnel and services of any other Federal
        or State agency for the purpose of enforcing this section.''.
    (b) Technical Amendment.--The analysis for chapter 3 of title 18,
United States Code, is amended by adding at the end the following:

``Sec. 50. Exotic animals.''.

Summary: Sportsmanship in Hunting Act of 2008 - Amends the federal criminal code to prohibit anyone, in or substantially affecting interstate or foreign commerce, from knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of such animal for entertainment or for the collection of a trophy. Exempts the killing or injuring of an exotic animal in a state or federal natural area reserve undertaking habitat restoration from such prohibition. Defines confined exotic animal as a mammal of a species not historically indigenous to the United States that has been held in captivity for the majority of its life or for a period of one year. Allows persons authorized by the Secretary of the Interior to make arrests, execute warrants, and search for and seize animals to enforce the provisions of this Act.

A bill to amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``USDA Civil Rights Resolution Act of
2000''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) there exists a strong public policy against
        discrimination against minority groups, whether the
        discrimination is committed by private persons or by the
        Federal Government in the operation of its programs;
            (2) whenever discrimination occurs in the conduct of
        Federal programs, the responsible Federal agencies should take
        quick and aggressive action to remedy the discrimination;
            (3) in 1997, it was determined that the Department of
        Agriculture had, for decades, been guilty of civil rights
        violations against United States agricultural producers
        participating, or attempting to participate, in Department
        programs;
            (4) in 1998, Congress created a 2-year waiver of the
        statute of limitations to allow persons injured by
        discrimination by the Department to seek redress in court or by
        filing an administrative compliant with the Department;
            (5) despite the waiver of the statute of limitations, it
        remains a difficult challenge to ensure that agricultural
        producers injured by discrimination by the Department over the
        years will get a speedy and balanced resolution of their
        complaints because it appears now that--
                    (A) a number of complaints that have already been
                investigated by investigators hired by the Office of
                Civil Rights of the Department are not being resolved;
                and
                    (B) nothing is being done to expeditiously resolve
                these cases; and
            (6) it is unfair for agricultural producers to be faced
        with these delays because--
                    (A) the producers cannot get on with their lives,
                or plan their farming operations, until their
                complaints are resolved; and
                    (B) the producers are being wronged a second time
                by delays in resolving meritorious complaints.
    (b) Purposes.--It is the purpose of this Act--
            (1) to impose on the Department of Agriculture a reasonable
        time limit to resolve the complaints described in subsection
        (a); and
            (2) if the Department fails to meet the reasonable time
        limit, to enable complainants to seek the experience and
        expertise of the Civil Rights Division of the Department of
        Justice in resolving the complaints in a timely manner.

SEC. 3. WAIVER OF STATUTE OF LIMITATIONS.

    Section 741(b) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C.
2279 note; Public Law 105-277) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as
        subparagraphs (A), (B), and (C), respectively;
            (2) by striking ``(b) The'' and inserting the following:
    ``(b) Administrative Determinations.--
            ``(1) In general.--The'';
            (3) by indenting the margins of subparagraphs (A), (B), and
        (C) (as so redesignated) to reflect the amendment made by
        paragraph (2); and
            (4) by adding at the end the following:
            ``(2) Review by department of justice.--
                    ``(A) In general.--If a complainant seeks a
                determination by the Department of Agriculture on the
                merits of an eligible complaint under paragraph (1) and
                the complaint is not resolved by the Department within
                270 days after the complaint has been investigated by
                the Department, the complainant may petition the Civil
                Rights Division of the Department of Justice--
                            ``(i) to review the complaint; and
                            ``(ii) to make recommendations to the
                        Department of Agriculture to resolve the
                        complaint.
                    ``(B) Deadline.--The Civil Rights Division of the
                Department of Justice shall conduct the review, and
                make recommendations to resolve the complaint, not
                later than 30 days after the complainant files a
                petition under subparagraph (A).
                    ``(C) Access to review for other cases.--
                            ``(i) In general.--The right to review by
                        the Department of Justice under this paragraph
                        shall be made available to any complainant with
                        a complaint that--
                                    ``(I) is not considered an eligible
                                complaint under the time criteria
                                described in subsection (e); and
                                    ``(II) is pending at the Office of
                                Civil Rights of the Department of
                                Agriculture on the date of enactment of
                                this paragraph.
                            ``(ii) Tolling.--In the case of any
                        complaint that is reviewed by the Department of
                        Justice under this paragraph, after the review
                        process is completed--
                                    ``(I) the complainant--
                                            ``(aa) shall be deemed to
                                        have exhausted the
                                        administrative remedies of the
                                        complainant; and
                                            ``(bb) may file an action
                                        on the complaint in United
                                        States District Court; and
                                    ``(II) any applicable statute of
                                limitations shall be tolled for the
                                period beginning on the date that the
                                complaint was filed at the Department
                                of Agriculture and ending on the date
                                of completion of the review by the
                                Department of Justice.''.

Summary: Makes the right to review by the Department of Justice available to any complainant with a complaint that: (1) is not considered an eligible complaint under specified time criteria. And (2) is pending at the Office of Civil Rights of the Department of Agriculture on this Act's enactment date. Deems complainants to have exhausted administrative remedies after review is completed and authorizes the filing of actions after such time in a district court. Requires the tolling of any statute of limitations beginning on the date the complaint was filed at the Department of Agriculture and ending on date of completion of review by the Department of Justice.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Quality Cancer Care Preservation
Act''.

SEC. 2. MEDICARE PAYMENT FOR DRUGS AND BIOLOGICALS.

    (a) In General.--Section 1842(o)(1) of the Social Security Act (42
U.S.C. 1395u(o)(1)) is amended by striking ``95 percent of the average
wholesale price'' and inserting ``the payment amount specified in
section 1834(n)(2)''.
    (b) Determination of Payment Amount.--Section 1834 of such Act (42
U.S.C. 1395m) is amended by adding at the end the following new
subsection:
    ``(n) Payment for Drugs and Biologicals.--
            ``(1) Reports by manufacturers.--
                    ``(A) In general.--Every drug manufacturer shall
                report to the Secretary, in the manner prescribed in
                this paragraph, its average sales price (as defined in
                subparagraph (B)) in the United States during each
                calendar quarter for drugs and biologicals covered
                under this part.
                    ``(B) Definitions.--For purposes of this
                subsection--
                            ``(i) the term `manufacturer' means, with
                        respect to a drug or biological, the entity
                        identified by the Labeler Code portion of the
                        National Drug Code of such drug or biological;
                        and
                            ``(ii) the term `average sales price' means
                        the weighted average of all final sales prices
                        to all purchasers, excluding sales specified in
                        subparagraph (C).
                In determining such average sales prices, such prices
                shall be net of volume discounts, chargebacks, short-
                dated product discounts, free goods contingent on
                purchases, rebates (other than those made or authorized
                under section 1927), and all other price concessions
                that result in a reduction of the ultimate cost to the
                purchaser.
                    ``(C) Consideration in calculation of average sales
                prices.--The calculation of average sales price under
                this subsection shall not include--
                            ``(i) prices that are excluded from the
                        calculation of `best price' under section
                        1927(c)(1)(C);
                            ``(ii) prices offered to entities that are
                        considered under subparagraph (B)(i) to be the
                        manufacturers of the drugs or biologicals
                        involved;
                            ``(iii) prices offered by a manufacturer to
                        a hospital, nursing facility, hospice, or
                        health maintenance organization;
                            ``(iv) prices to governmental entities; and
                            ``(v) nominal prices offered to bona fide
                        charitable organizations.
                    ``(D) Quarterly reports.--Each manufacturer shall
                submit the report required by subparagraph (A) to the
                Secretary by electronic means no later than 30 days
                after the end of a calendar quarter with respect to
                sales that occurred during such quarter. The Secretary
                shall prescribe the format and other requirements for
                the report.
                    ``(E) Enforcement.--
                            ``(i) Failure to timely report.--The
                        Secretary may impose a civil monetary penalty
                        in an amount not to exceed $100,000 on a
                        manufacturer that fails to provide the
                        information required under this paragraph on a
                        timely basis and in the manner required.
                            ``(ii) False information.--For each item of
                        false information, the Secretary may impose a
                        civil money penalty in an amount not to exceed
                        $100,000 on a manufacturer that knowingly
                        provides false information under this
                        paragraph.
                            ``(iii) Manner of imposition of civil
                        monetary penalties.--The provisions in section
                        1128A (other than subsections (a) and (b))
                        shall apply to a civil monetary penalty under
                        this subparagraph in the same manner as such
                        provisions apply to a penalty or proceeding
                        under section 1128A(a).
                    ``(F) Confidentiality of information.--
                Notwithstanding any other provision of law, information
                disclosed by manufacturers under this paragraph is
                confidential and shall not be disclosed by the
                Secretary in any form other than as specifically
                authorized by this subsection.
            ``(2) Calculation of payment amount.--
                    ``(A) In general.--Except as otherwise provided in
                this paragraph, the payment amount for a drug or
                biological furnished during a calendar quarter shall be
                120 percent of the average sales price of the drug or
                biological for the second preceding calendar quarter as
determined under paragraph (1).
                    ``(B) Methodology.--In determining payment amounts
                under subparagraph (A), the Secretary may, in the
                Secretary's discretion, use either the average sales
                price for each drug or biological by specific drug or
                biological, or a cumulative average sales price based
                on sales data for all versions of a multiple-source
                drug that the Secretary, acting through the Food and
                Drug Administration, has determined are therapeutically
                equivalent (as evidenced by `A' ratings in the
                publication Approved Drug Products with Therapeutic
                Equivalence Evaluations).
                    ``(C) Increase to reflect additional costs
                attributable to state and local taxes.--In the case of
                a drug or biological that was subject to a State or
                local sales tax or gross receipts tax when administered
                or dispensed, the payment amount determined under
                subparagraph (A) shall be increased by the amount of
                such tax paid with respect to such drug or biological.
                    ``(D) Substitution of higher payment amount.--If a
                physician's, supplier's, or any other person's claim
                for payment for services under this Act documents that
                the price paid for a drug or biological was greater
                than the payment amount determined under subparagraph
                (A), the actual amount paid shall be substituted for
                the payment amount determined under subparagraph (A),
                unless the Secretary determines that the actual amount
                paid was unreasonable under the circumstances.
                    ``(E) Increase for bad debt and certain other
                costs.--Upon the submission of supporting information,
                the Secretary shall make an additional payment to a
                physician or supplier to cover--
                            ``(i) uncollectible deductibles and
                        coinsurance due from Medicare beneficiaries
                        with respect to drugs and biologicals furnished
                        to such beneficiaries; and
                            ``(ii) costs incurred in procuring and
                        billing for drugs and biologicals furnished to
                        Medicare beneficiaries.''.

SEC. 3. MEDICARE PAYMENT FOR DRUG ADMINISTRATION SERVICES.

    (a) General.--The Secretary of Health and Human Services (hereafter
in this Act referred to as ``the Secretary'') shall revise the practice
expense relative value units for drug administration services for years
beginning with the year 2005 in accordance with this section. For
purposes of this section, ``drug administration services'' includes
chemotherapy administration services, therapeutic and diagnostic
infusions and injections, and such other services as the Secretary
specifies.
    (b) Direct Costs Equal to 100 Percent of CPEP Estimates.--Using the
information, including estimates of clinical staff time, developed in
the clinical practice expert panel process, including refinements by
American Medical Association committees, the Secretary shall estimate
the costs of the nursing and other clinical staff, supplies, and
procedure-specific equipment (exceeding a cost specified by the
Secretary) used in furnishing each type of drug administration service.
The Secretary shall utilize without revision the minutes of clinical
staff time determined in such process. The Secretary shall convert the
information from such process to estimated costs by applying the most
current available data on staff salary, supply, and equipment costs,
and such costs shall be updated to 2005 based on estimated changes in
prices since the date of such data.
    (c) Total Practice Expenses.--The Secretary shall estimate the
total practice expenses of each drug administration service by assuming
that the direct costs for the service determined under subsection (b)
are 33.2 percent of such total practice expenses.
    (d) Conversion to Relative Value Units.--The Secretary shall
convert the total practice expenses determined under subsection (c) to
practice expense relative value units for each drug administration
service by dividing such expenses by the conversion factor that will be
in effect for the physician fee schedule for 2005. The relative value
units as so determined shall be used in determining the fee schedule
amounts paid for drug administration services under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4).
    (e) Updates.--For years after 2005, the relative values determined
under subsection (d) shall continue in effect except that the Secretary
shall revise them as necessary to maintain their accuracy, provided
that such revisions are consistent with the methodology set forth in
this section.
    (f) Multiple Pushes.--In establishing the payment amounts under
this section, the Secretary shall establish the payment amount for
intravenous chemotherapy administration by push technique based on the
administration of a single drug. The Secretary shall make the same
payment for each additional drug administered by push technique during
the same encounter, except to the extent that the Secretary finds that
the cost of administering additional drugs is less than the cost of
administering the first drug.

SEC. 4. PAYMENTS FOR CHEMOTHERAPY SUPPORT SERVICES.

    (a) General.--Beginning in the year 2005, the Secretary shall
recognize and make payments under section 1848 of the Social Security
Act (42 U.S.C. 1395w-4) for chemotherapy support services furnished
incident to physicians' services. For the purposes of this section,
``chemotherapy support services'' are services furnished by the staff
of physicians to patients undergoing treatment for cancer that were not
included in the computation of clinical staff costs under section 3(b).
Such services include social worker services, nutrition counseling,
psychosocial services, and similar services.
    (b) Direct Costs.--The Secretary shall estimate the cost of the
salary and benefits of staff furnishing chemotherapy support services
as they are provided in oncology practices that furnish these services
to cancer patients in a manner that is considered to be high quality
care. The estimate shall be based on the weekly cost of such services
per patient receiving chemotherapy.
    (c) Total Costs.--The Secretary shall estimate the total practice
expenses of chemotherapy support services by assuming that the direct
costs for the service determined under subsection (b) are 33.2 percent
of such total practice expenses.
    (d) Conversion to Relative Value Units.--The Secretary shall
convert the total practice expenses determined under subsection (c) to
practice expense relative value units for chemotherapy support services
by dividing such expenses by the conversion factor that will be in
effect for the physician fee schedule for 2005. The relative value
units as so determined shall be used in determining the fee schedule
amounts paid for chemotherapy support services under such section 1848.
    (e) Updates.--For the years after 2005, the relative values
determined under subsection (d) shall continue in effect except that
the Secretary shall revise them as necessary to maintain their
accuracy, provided that such revisions are consistent with the
methodology set forth in this section.

SEC. 5. CANCER THERAPY MANAGEMENT SERVICES.

    The Secretary shall recognize and establish a payment amount for
the service of cancer therapy management to account for the greater
pre-service and post-service work associated with visits and
consultations conducted by physicians treating cancer patients compared
to typical visits and consultations. The payment amount may vary by the
level and type of the related visit or consultation.

SEC. 6. OTHER SERVICES WITHOUT PHYSICIAN WORK RELATIVE VALUE UNITS.

    The Secretary shall develop a revised methodology for determining
the payment amounts for services that are paid under the fee schedule
established by section 1848 of the Social Security Act (42 U.S.C.
1395w-4) and that do not have physician work relative value units,
including radiation oncology services. Such methodology shall result in
payment amounts that fully cover the costs of furnishing such services.
Until such time as the methodology for such services is revised and
implemented, all such services shall be protected from further payment
cuts due to factors such as shifts in utilization or removal of any one
specialty's services that are paid under the fee schedule established
by such section 1848 and that do not have physician work relative value
units.

SEC. 7. PHYSICIAN SUPERVISION OF SERVICES.

    Section 1834 of the Social Security Act (42 U.S.C. 1395m), as
amended by section 2, is further amended by adding at the end the
following new subsection:
    ``(o) Supervision Requirements.--If the Secretary requires direct
supervision of a service by a physician, that supervision requirement
may be fulfilled by one or more physicians other than the physician who
ordered the service. If the supervising physician is different from the
ordering physician for a particular service, the ordering physician may
nevertheless bill for such service provided that the medical records
for the service involved identify the supervising physician or
physicians.''.

SEC. 8. REPORT TO CONGRESS.

    No later than April 1, 2004, the Secretary shall submit to Congress
a report on the payment amounts that are projected to be adopted under
sections 2, 3, 4, and 5 of this Act.

SEC. 9. INSTITUTE OF MEDICINE STUDY.

    (a) General.--The Secretary of Health and Human Services shall
request the Institute of Medicine to conduct the study described in
this section.
    (b) Baseline Study.--The first phase of the study shall include the
following objectives:
            (1) An assessment of the extent to which the current
        Medicare payment system, prior to implementation of the
        amendments made by this Act, facilitates appropriate access to
        care by cancer patients in the various treatment settings.
            (2) The identification of the comprehensive range of
        services furnished to cancer patients in the outpatient
        setting, including support services such as psychosocial
        services and counseling, and recommendations regarding the
        types of services that ought to be furnished to Medicare
        patients with cancer.
            (3) A discussion of the practice standards necessary to
        assure the safe provision of services to cancer patients.
            (4) An analysis of the extent to which the current Medicare
        payment system supports the role of nurses in the provision of
        oncology services and recommendations for any necessary
        improvements in the payment system in that respect.
            (5) The development of a framework for assessing how the
        amendments made by this act affect the provision of care to
        Medicare patients with cancer in the various treatment
        settings.
    (c) Second Phase of Study.--After the implementation of the
amendments made by this Act, the study shall determine whether and how
those amendments affected the provision of care to Medicare patients
with cancer.
    (d) Consultation.--The Institute of Medicine shall consult with the
National Cancer Policy Board and organizations representing cancer
patients and survivors, oncologists, oncology nurses, social workers,
cancer centers, and other healthcare professionals who treat cancer
patients in planning and carrying out this study.
    (e) Due Dates.--
            (1) The study required by subsection (b) shall be submitted
        to the Congress and the Secretary of Health and Human Services
        no later than June 30, 2004.
            (2) The study required by subsection (c) shall be submitted
        to the Congress and the Secretary of Health and Human Services
        no later than December 31, 2006.

SEC. 10. EFFECTIVE DATES.

    (a) General.--Except as provided in this section, the provisions of
this Act shall apply to drugs, biologicals, and services furnished on
or after January 1, 2005.
    (b) Reports From Manufacturers.--The first report by manufacturers
required by the provisions of section 2 shall be submitted no later
than October 30, 2004, with respect to sales that occurred in the
quarter ending September 30, 2004.
    (c) Supervision of Services.--The amendment made by section 7 shall
be effective upon enactment.
    (d) Services Other Than Drug Administration.--The Secretary shall
implement the requirements of section 6 no later than January 1, 2005.

Summary: Quality Cancer Care Preservation Act - Amends part B of title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment amount for covered drugs and biologicals furnished during a calendar quarter that are not paid on a cost or prospective payment basis. Changes such amount from 95 percent of the average wholesale price to 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter. Requires drug manufacturers to report average sales prices each calendar quarter for covered drugs and biologicals. Directs the Secretary of Health and Human Services to: (1) revise the practice expense relative value units for drug administration services in accordance with this Act to determine the units to be used in determining the fee schedule amounts paid for drug administration services under the Medicare program. (2) recognize and make payments under Medicare for chemotherapy support services furnished incident to physicians' services. (3) recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations. And (4) develop a revised methodology for determining the payment amounts for services that are paid under the Medicare fee schedule and that do not have physician work relative value units, including radiation oncology services. Amends SSA title XVIII to provide that if the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service.

A bill to amend title XVIII of the Social Security Act and otherwise revise the Medicare Program to reform the method of paying for covered drugs, drug administration services, and chemotherapy support services.


TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Ocean Exploration Program
Act''.

SEC. 102. AUTHORIZATION.

    The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National Science
Foundation and other appropriate Federal agencies, conduct a
coordinated national ocean exploration program within the National
Oceanic and Atmospheric Administration that promotes collaboration with
other Federal ocean and undersea research and exploration programs. To
the extent appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems, outreach and
education programs to improve public understanding of ocean and coastal
resources, and development and transfer of technologies to facilitate
ocean and undersea research and exploration.

SEC. 103. AUTHORITIES.

    (a) In General.--In carrying out the program authorized under
section 102, the Administrator of the National Oceanic and Atmospheric
Administration (in this title referred to as the ``Administrator'')
shall--
            (1) conduct interdisciplinary voyages or other scientific
        activities of discovery in conjunction with other Federal
        agencies or academic or educational institutions, to explore
        and survey little known areas of the marine environment,
        inventory, observe, and assess living and nonliving marine
        resources, and report such findings;
            (2) give priority attention to deep ocean regions, with a
        focus on deep water marine systems that hold potential for
        important scientific discoveries, such as hydrothermal vent
        communities and seamounts;
            (3) conduct scientific voyages to locate, define, and
        document historic shipwrecks, submerged sites, and other ocean
        exploration activities that combine archaeology and
        oceanographic sciences;
            (4) develop and implement, in consultation with the
        National Science Foundation, a transparent, competitive process
        for merit-based peer-review and approval of proposals for
        activities to be conducted under this program, taking into
        consideration advice of the Board established under section
        104;
            (5) enhance the technical capability of the United States
        marine science community by promoting the development of
        improved oceanographic research, communication, navigation, and
        data collection systems, as well as underwater platforms and
        sensors and autonomous vehicles; and
            (6) establish an ocean exploration forum to encourage
        partnerships and promote communication among experts and other
        stakeholders in order to enhance the scientific and technical
        expertise and relevance of the national program.
    (b) Donations.--In carrying out the program authorized under
section 102, the Administrator may accept donations of property, data,
and equipment to be applied for the purpose of exploring the oceans or
increasing knowledge of the oceans.

SEC. 104. OCEAN EXPLORATION ADVISORY BOARD.

    (a) Establishment.--The Administrator shall appoint an Ocean
Exploration Advisory Board composed of experts in relevant fields to--
            (1) advise the Administrator on priority areas for survey
        and discovery;
            (2) assist the program in the development of a five-year
        strategic plan for the fields of ocean, marine, and Great Lakes
        science, exploration, and discovery;
            (3) annually review the quality and effectiveness of the
        proposal review process established under section 103(4); and
            (4) provide other assistance and advice as requested by the
        Administrator.
    (b) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board
appointed under subsection (a).

SEC. 105. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.

    Nothing in this Act supersedes, or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
            (1) $30,500,000 for fiscal year 2008;
            (2) $33,550,000 for fiscal year 2009;
            (3) $36,905,000 for fiscal year 2010;
            (4) $40,596,000 for fiscal year 2011;
            (5) $44,655,000 for fiscal year 2012;
            (6) $49,121,000 for fiscal year 2013; and
            (7) $54,033,000 for fiscal year 2014.

                  TITLE II--UNDERSEA RESEARCH PROGRAM

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Undersea Research Program
Act of 2007''.

SEC. 202. AUTHORIZATION.

    The Administrator of the National Oceanic and Atmospheric
Administration shall conduct an undersea research, exploration,
education, and technology development program and shall designate a
Director of that program.

SEC. 203. PURPOSE.

    The purpose of the program authorized under section 202 is to
increase scientific knowledge essential for the informed management,
use, and preservation of oceanic, marine, coastal, and Great Lakes
resources. The Director, in carrying out the program authorized in
section 202, shall cooperate with institutions of higher education and
other educational marine and ocean science organizations, and shall
make available undersea research facilities, equipment, technologies,
information, and expertise to support undersea research efforts by
these organizations. The Director may also enter into partnerships,
using existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement of the
marine industry.

SEC. 204. PROGRAM.

    The program authorized under section 202 shall be conducted through
a national headquarters, a network of extramural regional undersea
research centers that represent all relevant National Oceanic and
Atmospheric Administration regions, and the National Institute for
Undersea Science and Technology. Overall direction of the program will
be developed by the program director with a Council of Center Directors
comprised of the directors of the extramural regional centers and the
National Institute for Undersea Science and Technology. Draft program
direction shall be published not later than 1 year after the date of
enactment of this Act. The draft program direction shall be published
in the Federal Register for a public comment period of not less than
120 days. Final program direction with Agency responses to the comments
received shall be published in the Federal Register within 90 days
after the close of the comment period. The program director shall
update the program direction, with opportunity for public comment, at
least every five years.

SEC. 205. REGIONAL CENTERS AND INSTITUTE.

    (a) Programs.--The following research, exploration, education, and
technology programs shall be conducted through the network of
extramural regional centers and the National Institute for Undersea
Science and Technology:
            (1) Core research and exploration based on national and
        regional undersea research priorities.
            (2) Advanced undersea technology development to support the
        National Oceanic and Atmospheric Administration's research
        mission and programs.
            (3) Development, testing, and transition of advanced
        undersea technology associated with ocean observatories,
        submersibles, advanced diving technologies, remotely operated
        vehicles, autonomous underwater vehicles, and new sampling and
        sensing technologies.
            (4) Undersea science-based education and outreach programs
        to enrich ocean science education and public awareness of the
        oceans and Great Lakes.
            (5) Discovery, study, and development of natural products
        from ocean and aquatic systems.
    (b) Operations.--Operation of the extramural regional centers and
the National Institute for Undersea Science and Technology shall
leverage partnerships and cooperative research with academia and
private industry.

SEC. 206. COMPETITION.

    (a) Discretionary Fund.--The program shall allocate no more than 10
percent of its annual budget to a discretionary fund that may be used
only for program administration and priority undersea research projects
identified by the Director but not covered by funding available from
centers.
    (b) Competitive Selection.--The Administrator shall conduct an
initial competition to select the regional centers that will
participate in the program 90 days after the publication of the final
program direction required in section 204 and every five years
thereafter. Funding for projects conducted through the regional centers
shall be awarded through a competitive, merit-reviewed process on the
basis of their relevance to the goals of the program and their
technical feasibility.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
            (1) $17,500,000 for fiscal year 2008;
            (2) $19,500,000 for fiscal year 2009;
            (3) $21,500,000 for fiscal year 2010;
            (4) $23,500,000 for fiscal year 2011;
            (5) $25,500,000 for fiscal year 2012;
            (6) $27,500,000 for fiscal year 2013; and
            (7) $29,500,000 for fiscal year 2014.

            TITLE III--INTERAGENCY PLANNING AND COORDINATION

SEC. 301. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND
              INFRASTRUCTURE TASK FORCE.

    (a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the National Science
Foundation, the National Aeronautics and Space Administration, the
United States Geological Survey, the Department of the Navy, the
Mineral Management Service, and relevant governmental, non-
governmental, academic, industry, and other experts, shall convene an
ocean exploration and undersea research technology and infrastructure
task force to develop and implement a strategy--
            (1) to facilitate transfer of new exploration and undersea
        research technology to the programs authorized under titles I
        and II of this Act;
            (2) to improve availability of communications
        infrastructure, including satellite capabilities, to such
        programs;
            (3) to develop an integrated, workable, and comprehensive
        data management information processing system that will make
        information on unique and significant features obtained by such
        programs available for research and management purposes;
            (4) to conduct public outreach activities that improve the
        public understanding of ocean science, resources, and
        processes, in conjunction with relevant programs of the
        National Oceanic and Atmospheric Administration, the National
        Science Foundation, and other agencies; and
            (5) to encourage cost-sharing partnerships with
        governmental and nongovernmental entities that will assist in
        transferring exploration and undersea research technology and
        technical expertise to the programs.
    (b) Budget Coordination.--The task force shall coordinate the
development of agency budgets and identify the items in their annual
budget that support the activities identified in the strategy developed
under subsection (a).

            Passed the House of Representatives February 14, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Title I: National Ocean Exploration Program - National Ocean Exploration Program Act - Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to conduct a coordinated national ocean exploration program in NOAA that promotes collaboration with other federal ocean and undersea research and exploration programs. Sets forth program authorities, including authorizing the Administrator to accept donations of property, data, and equipment to be applied for exploring the oceans or increasing knowledge of the oceans. Requires the NOAA Administrator to appoint an Ocean Exploration Advisory Board. Declares that nothing in this Act supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act. Authorizes appropriations. Title II: Undersea Research Program - National Undersea Research Program Act of 2007 - Requires the Administrator to conduct an undersea research, exploration, education, and technology development program to increase scientific knowledge regarding management, use, and preservation of oceanic, coastal, and Great Lakes resources. Requires the program's director to cooperate with institutions of higher education and other educational marine and ocean science organizations and to make available undersea research facilities, equipment, technologies, information, and expertise to support those organizations' undersea research. Authorizes the director to enter into partnerships with the private sector to achieve program goals and to promote marine industry technological advancement. Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers representing all NOAA regions, and the National Institute for Undersea Science and Technology. Specifies the research, exploration, education, and technology programs to be conducted through the network of extramural regional centers and the National Institute for Undersea Science and Technology. Allows not more than ten percent of the program's budget to be used for administration and for priority undersea research projects not covered by funding available from centers. Requires a competition every five years to select the regional centers that will participate in the program. Requires projects supported by the regional centers to be awarded using an open and competitive process. Authorizes appropriations. Title III: Interagency Planning and Coordination - Requires the NOAA Administrator, and relevant governmental, non-governmental, academic, industry, and other experts, to convene an ocean exploration and undersea research technology and infrastructure task force. Requires that the task force coordinate the development of agency budgets.

To authorize the national ocean exploration program and the national undersea research program within the National Oceanic and Atmospheric Administration.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Land Disposal Program Flexibility
Act of 1996''.

SEC. 2. LAND DISPOSAL RESTRICTIONS.

    Section 3004(g) of the Solid Waste Disposal Act is amended by
adding after paragraph (6) the following:
        ``(7) Solid waste identified as hazardous based solely on one
    or more characteristics shall not be subject to this subsection,
    any prohibitions under subsection (d), (e), or (f), or any
    requirement promulgated under subsection (m) (other than any
    applicable specific methods of treatment, as provided in paragraph
    (8)) if the waste--
            ``(A) is treated in a treatment system that subsequently
        discharges to waters of the United States pursuant to a permit
        issued under section 402 of the Federal Water Pollution Control
        Act (commonly known as the ``Clean Water Act'') (33 U.S.C.
        1342), treated for the purposes of the pretreatment
        requirements of section 307 of the Clean Water Act (33 U.S.C.
        1317), or treated in a zero discharge system that, prior to any
        permanent land disposal, engages in treatment that is
        equivalent to treatment required under section 402 of the Clean
        Water Act (33 U.S.C. 1342) for discharges to waters of the
        United States, as determined by the Administrator; and
            ``(B) no longer exhibits a hazardous characteristic prior
        to management in any land-based solid waste management unit.
        ``(8) Solid waste that otherwise qualifies under paragraph (7)
    shall nevertheless be required to meet any applicable specific
    methods of treatment specified for such waste by the Administrator
    under subsection (m), including those specified in the rule
    promulgated by the Administrator June 1, 1990, prior to management
    in a land-based unit as part of a treatment system specified in
    paragraph (7)(A). No solid waste may qualify under paragraph (7)
    that would generate toxic gases, vapors, or fumes due to the
    presence of cyanide when exposed to pH conditions between 2.0 and
    12.5.
        ``(9) Solid waste identified as hazardous based on one or more
    characteristics alone shall not be subject to this subsection, any
    prohibitions under subsection (d), (e), or (f), or any requirement
    promulgated under subsection (m) if the waste no longer exhibits a
    hazardous characteristic at the point of injection in any Class I
    injection well permitted under section 1422 of title XIV of the
    Public Health Service Act (42 U.S.C. 300h-1).
        ``(10) Not later than five years after the date of enactment of
    this paragraph, the Administrator shall complete a study of
    hazardous waste managed pursuant to paragraph (7) or (9) to
    characterize the risks to human health or the environment
    associated with such management. In conducting this study, the
    Administrator shall evaluate the extent to which risks are
    adequately addressed under existing State or Federal programs and
    whether unaddressed risks could be better addressed under such laws
    or programs. Upon receipt of additional information or upon
    completion of such study and as necessary to protect human health
    and the environment, the Administrator may impose additional
    requirements under existing Federal laws, including subsection
    (m)(1), or rely on other State or Federal programs or authorities
    to address such risks. In promulgating any treatment standards
    pursuant to subsection (m)(1) under the previous sentence, the
    Administrator shall take into account the extent to which treatment
    is occurring in land-based units as part of a treatment system
    specified in paragraph (7)(A).
        ``(11) Nothing in paragraph (7) or (9) shall be interpreted or
    applied to restrict any inspection or enforcement authority under
    the provisions of this Act.''.

SEC. 3. GROUND WATER MONITORING.

    (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows:
        (1) By striking ``Criteria.--Not later'' and inserting the
    following: ``Criteria.--
        ``(1) In general.--Not later''.
        (2) By adding at the end the following new paragraphs:
        ``(2) Additional revisions.--Subject to paragraph (3), the
    requirements of the criteria described in paragraph (1) relating to
    ground water monitoring shall not apply to an owner or operator of
    a new municipal solid waste landfill unit, an existing municipal
    solid waste landfill unit, or a lateral expansion of a municipal
    solid waste landfill unit, that disposes of less than 20 tons of
    municipal solid waste daily, based on an annual average, if--
            ``(A) there is no evidence of ground water contamination
        from the municipal solid waste landfill unit or expansion; and
            ``(B) the municipal solid waste landfill unit or expansion
        serves--
                ``(i) a community that experiences an annual
            interruption of at least 3 consecutive months of surface
            transportation that prevents access to a regional waste
            management facility; or
                ``(ii) a community that has no practicable waste
            management alternative and the landfill unit is located in
            an area that annually receives less than or equal to 25
            inches of precipitation.
        ``(3) Protection of ground water resources.--
            ``(A) Monitoring requirement.--A State may require ground
        water monitoring of a solid waste landfill unit that would
        otherwise be exempt under paragraph (2) if necessary to protect
        ground water resources and ensure compliance with a State
        ground water protection plan, where applicable.
            ``(B) Methods.--If a State requires ground water monitoring
        of a solid waste landfill unit under subparagraph (A), the
        State may allow the use of a method other than the use of
        ground water monitoring wells to detect a release of
        contamination from the unit.
            ``(C) Corrective action.--If a State finds a release from a
        solid waste landfill unit, the State shall require corrective
        action as appropriate.
        ``(4) No-migration exemption.--
            ``(A) In general.--Ground water monitoring requirements may
        be suspended by the Director of an approved State for a
        landfill operator if the operator demonstrates that there is no
        potential for migration of hazardous constituents from the unit
        to the uppermost aquifer during the active life of the unit and
        the post-closure care period.
            ``(B) Certification.--A demonstration under subparagraph
        (A) shall be certified by a qualified ground-water scientist
        and approved by the Director of an approved State.
            ``(C) Guidance.--Not later than 6 months after the date of
        enactment of this paragraph, the Administrator shall issue a
        guidance document to facilitate small community use of the no
        migration exemption under this paragraph.
        ``(5) Alaska native villages.--Upon certification by the
    Governor of the State of Alaska that application of the
    requirements described in paragraph (1) to a solid waste landfill
    unit of a Native village (as defined in section 3 of the Alaska
    Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is
    located in or near a small, remote Alaska village would be
    infeasible, or would not be cost-effective, or is otherwise
    inappropriate because of the remote location of the unit, the State
    may exempt the unit from some or all of those requirements. This
    paragraph shall apply only to solid waste landfill units that
    dispose of less than 20 tons of municipal solid waste daily, based
    on an annual average.
        ``(6) Further revisions of guidelines and criteria.--
    Recognizing the unique circumstances of small communities, the
    Administrator shall, not later than two years after enactment of
    this provision promulgate revisions to the guidelines and criteria
    promulgated under this subtitle to provide additional flexibility
    to approved States to allow landfills that receive 20 tons or less
    of municipal solid waste per day, based on an annual average, to
    use alternative frequencies of daily cover application, frequencies
    of methane gas monitoring, infiltration layers for final cover, and
    means for demonstrating financial assurance: Provided, That such
    alternative requirements take into account climatic and
    hydrogeologic conditions and are protective of human health and
    environment.''.
    (b) Reinstatement of Regulatory Exemption.--It is the intent of
section 4010(c)(2) of the Solid Waste Disposal Act, as added by
subsection (a), to immediately reinstate subpart E of part 258 of title
40, Code of Federal Regulations, as added by the final rule published
at 56 Federal Register 50798 on October 9, 1991.

SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT.

    The Solid Waste Disposal Act is amended as follows:
        (1) In section 3001(d)(5) by striking ``under section 3001''
    and inserting ``under this section''.
        (2) By inserting a semicolon at the end of section
    3004(q)(1)(C).
        (3) In section 3004(g), by striking ``subparagraph (A) through
    (C)'' in paragraph (5) and inserting ``subparagraphs (A) through
    (C)''.
        (4) In section 3004(r)(2)(C), by striking ``pertroleum-
    derived'' and inserting ``petroleum-derived''.
        (5) In section 3004(r)(3) by inserting after ``Standard'' the
    word ``Industrial''.
        (6) In section 3005(a), by striking ``polycholorinated'' and
    inserting ``polychlorinated''.
        (7) In section 3005(e)(1), by inserting a comma at the end of
    subparagraph (C).
        (8) In section 4007(a), by striking ``4003'' in paragraphs (1)
    and (2)(A) and inserting ``4003(a)''.

                               Speaker of the House of Representatives.

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

Summary: Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act , undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment, (2) no longer exhibits such characteristic prior to land disposal. (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above. And (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks. Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions. And (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily. Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.