SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Centennial Monetary Commission Act
of 2013''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Constitution endows Congress with the power ``to
        coin money, regulate the value thereof''.
            (2) Following the financial crisis known as the Panic of
        1907, Congress established the National Monetary Commission to
        provide recommendations for the reform of the financial and
        monetary systems of the United States.
            (3) Incorporating several of the recommendations of the
        National Monetary Commission, Congress created the Federal
        Reserve System in 1913. As currently organized, the Federal
        Reserve System consists of the Board of Governors in
        Washington, District of Columbia, and the Federal Reserve Banks
        organized into 12 districts around the United States. The
        stockholders of the 12 Federal Reserve Banks include national
        and certain state-chartered commercial banks, which operate on
        a fractional reserve basis.
            (4) Originally, Congress gave the Federal Reserve a
        monetary mandate to provide an elastic currency, within the
        context of a gold standard, in response to seasonal
        fluctuations in the demand for currency.
            (5) Congress also gave the Federal Reserve a financial
        stability mandate to serve as the lender of last resort to
        solvent but illiquid banks during a financial crisis.
            (6) In 1977, Congress changed the monetary mandate of the
        Federal Reserve to a dual mandate for maximum employment and
        stable prices.
            (7) Empirical studies and historical evidence, both within
        the United States and in other countries, demonstrate that
        price stability is desirable because both inflation and
        deflation damage the economy.
            (8) The economic challenge of recent years--most notably
        the bursting of the housing bubble, the financial crisis of
        2008, and the ensuing anemic recovery--have occurred at great
        cost in terms of lost jobs and output.
            (9) Policymakers are reexamining the structure and
        functioning of financial institutions and markets to determine
        what, if any, changes need to be made to place the financial
        system on a stronger, more sustainable path going forward.
            (10) The Federal Reserve has taken extraordinary actions in
        response to the recent economic challenges.
            (11) The Federal Open Market Committee has engaged in
        multiple rounds of quantitative easing, providing unprecedented
        liquidity to financial markets, while committing to holding
        short-term interest rates low for a seemingly indefinite
        period, and pursuing a policy of credit allocation by
        purchasing Federal agency debt and mortgage-backed securities.
            (12) In the wake of the recent extraordinary actions of the
        Federal Reserve, Congress--consistent with its constitutional
        responsibilities and as it has done periodically throughout the
        history of the United States--has once again renewed its
        examination of monetary policy.
            (13) Central in such examination has been a renewed look at
        what is the most proper mandate for the Federal Reserve to
        conduct monetary policy in the 21st century.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``Centennial
Monetary Commission'' (in this Act referred to as the ``Commission'').

SEC. 4. DUTIES.

    (a) Study of Monetary Policy.--The Commission shall--
            (1) examine how United States monetary policy since the
        creation of the Board of Governors of the Federal Reserve
        System in 1913 has affected the performance of the United
        States economy in terms of output, employment, prices, and
        financial stability over time;
            (2) evaluate various operational regimes under which the
        Board of Governors of the Federal Reserve System and the
        Federal Open Market Committee may conduct monetary policy in
        terms achieving the maximum sustainable level of output and
        employment and price stability over the long term, including--
                    (A) discretion in determining monetary policy
                without an operational regime;
                    (B) price level targeting;
                    (C) inflation rate targeting;
                    (D) nominal gross domestic product targeting (both
                level and growth rate);
                    (E) the use of monetary policy rules; and
                    (F) the gold standard; and
            (3) recommend a course for United States monetary policy
        going forward, including--
                    (A) the legislative mandate;
                    (B) the operational regime;
                    (C) the securities used in open market operations;
                and
                    (D) transparency issues.
    (b) Report on Monetary Policy.--Not later than June 30, 2014, the
Commission shall submit to Congress and make publicly available a
report containing a statement of the findings and conclusions of the
Commission in carrying out the study under subsection (a), together
with the recommendations the Commission considers appropriate.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Voting members by position.--The Commission shall
        contain 6 voting members as follows:
                    (A) The Chair of the Joint Economic Committee, who
                shall serve as Chair of the Commission.
                    (B) The ranking minority member of the Joint
                Economic Committee, who shall serve as Vice Chair of
                the Commission.
                    (C) The Chair of the Committee on Financial
                Services of the House of Representatives or another
                majority member of such Committee designated by the
                Chair.
                    (D) The ranking minority member of the Committee on
                Financial Services of the House of Representatives or
                another minority member of such Committee designated by
                the ranking minority member.
                    (E) The Chair of the Committee on Banking, Housing,
                and Urban Affairs of the Senate or another majority
                member of such Committee designated by the Chair.
                    (F) The ranking minority member of the Committee on
                Banking, Housing, and Urban Affairs of the Senate or
                another minority member of such Committee designated by
                the ranking minority member.
            (2) Appointed voting members.--The Commission shall contain
        6 voting members, who may not be Members of Congress, as
        follows:
                    (A) Two members appointed by the Speaker of the
                House of Representatives.
                    (B) One member appointed by the minority leader of
                the House of Representatives.
                    (C) Two members appointed by the majority leader of
                the Senate.
                    (D) One member appointed by the minority leader of
                the Senate.
            (3) Non-voting members.--The Commission shall contain 2
        non-voting members as follows:
                    (A) One member appointed by the Secretary of the
                Treasury.
                    (B) One member who is the president of a district
                Federal reserve bank appointed by the Chair of the
                Board of Governors of the Federal Reserve System.
    (b) Period of Appointment.--Each member shall be appointed for the
life of the Commission.
    (c) Timing of Appointment.--All members of the Commission shall be
appointed not before January 5, 2013, and not later than 30 days after
the date of the enactment of this Act.
    (d) Vacancies.--A vacancy in the Commission shall not affect its
powers, and shall be filled in the manner in which the original
appointment was made.
    (e) Meetings.--
            (1) Initial meeting.--The Commission shall hold its initial
        meeting and begin the operations of the Commission as soon as
        is practicable.
            (2) Further meetings.--The Commission shall meet upon the
        call of the Chair or a majority of its members.
    (f) Quorum.--Seven voting members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
    (g) Member of Congress Defined.--In this section, the term ``Member
of Congress'' means a Senator or a Representative in, or Delegate or
Resident Commissioner to, the Congress.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act, hold hearings, sit and act at times
and places, take testimony, receive evidence, or administer oaths as
the Commission or such subcommittee or member thereof considers
appropriate.
    (b) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons to enable the
Commission to discharge its duties under this Act, without regard to
section 3709 of the Revised Statutes (41 U.S.C. 5).
    (c) Obtaining Official Data.--
            (1) In general.--The Commission is authorized to secure
        directly from any executive department, bureau, agency, board,
        commission, office, independent establishment, or
        instrumentality of the Government, any information, including
        suggestions, estimates, or statistics, for the purposes of this
        Act.
            (2) Requesting official data.--The head of such department,
        bureau, agency, board, commission, office, independent
        establishment, or instrumentality of the government shall, to
        the extent authorized by law, furnish such information upon
        request made by--
                    (A) the Chair;
                    (B) the Chair of any subcommittee created by a
                majority of the Commission; or
                    (C) any member of the Commission designated by a
                majority of the commission to request such information.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of
        General Services shall provide to the Commission on a
        reimbursable basis administrative support and other services
        for the performance of the functions of the Commission.
            (2) Other departments and agencies.--In addition to the
        assistance prescribed in paragraph (1), at the request of the
        Commission, departments and agencies of the United States shall
        provide such services, funds, facilities, staff, and other
        support services as may be authorized by law.
    (e) Postal Service.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.

SEC. 7. COMMISSION PERSONNEL.

    (a) Appointment and Compensation of Staff.--
            (1) In general.--Subject to rules prescribed by the
        Commission, the Chair may appoint and fix the pay of the
        executive director and other personnel as the Chair considers
        appropriate.
            (2) Applicability of civil service laws.--The staff of the
        Commission may be appointed without regard to the provisions of
        title 5, United States Code, governing appointments in the
        competitive service, and may be paid without regard to the
        provisions of chapter 51 and subchapter III of chapter 53 of
        that title relating to classification and General Schedule pay
        rates, except that an individual so appointed may not receive
        pay in excess of level V of the Executive Schedule.
    (b) Consultants.--The Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed the daily equivalent
of the rate of pay for a person occupying a position at level IV of the
Executive Schedule.
    (c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of such department or agency to the
Commission to assist it in carrying out its duties under this Act.

SEC. 8. TERMINATION.

    (a) In General.--The Commission shall terminate on February 28,
2015.
    (b) Administrative Activities Before Termination.--The Commission
may use the period between the submission of its report and its
termination for the purpose of concluding its activities, including
providing testimony to committee of Congress concerning its report.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act and such sums shall remain available
until the date on which the Commission terminates.

Summary: Centennial Monetary Commission Act of 2013 - Establishes the Centennial Monetary Commission to: (1) examine how US monetary policy since the creation of the Federal Reserve Board in 1913 has affected the performance of the US economy in terms of output, employment, prices, and financial stability over time. (2) evaluate various operational regimes under which the Board and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term. And (3) recommend a course for US monetary policy going forward.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nellis Dunes National Off-Highway
Vehicle Recreation Area Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the city of North Las
        Vegas, Nevada.
            (2) County.--The term ``County'' means Clark County,
        Nevada.
            (3) Economic support area.--The term ``Economic Support
        Area'' means the land identified on the map as the ``Economic
        Support Area''.
            (4) Federal land.--The term ``Federal land'' means the
        approximately 1,211 acres of Federal land in the County, as
        depicted on the map.
            (5) Map.--The term ``map'' means the map entitled ``Clark
        County Off Highway Vehicle Recreation Park'' and dated July 28,
        2011.
            (6) Net proceeds.--The term ``net proceeds'' means the
        amount that is equal to the difference between--
                    (A) the amount of gross revenues received by the
                County from the development of the Economic Support
                Area; and
                    (B) the total amount expended by the County for
                capital improvements to each of the Economic Support
                Area and the Recreation Area.
            (7) Recreation area.--The term ``Recreation Area'' means
        the Nellis Dunes National Off-Highway Vehicle Recreation Area
        designated by section 4(a).
            (8) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (9) State.--The term ``State'' means the State of Nevada.

SEC. 3. CONVEYANCE OF FEDERAL LAND TO CLARK COUNTY, NEVADA.

    (a) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary shall convey to the County, subject to valid
existing rights, for no consideration, all right, title, and interest
of the United States in and to the parcels of Federal land.
    (b) Use of Federal Land.--
            (1) In general.--The parcels of Federal land conveyed under
        subsection (a)--
                    (A) shall be used by the County--
                            (i) to provide a suitable location for the
                        establishment of a centralized off-road vehicle
                        recreation park in the County;
                            (ii) to provide the public with
                        opportunities for off-road vehicle recreation,
                        including a location for races, competitive
                        events, training and other commercial services
                        that directly support a centralized off-road
                        vehicle recreation area and County park; and
                            (iii) to provide a designated area and
                        facilities that would discourage unauthorized
                        use of off-highway vehicles in areas that have
                        been identified by the Federal Government,
                        State government, or County government as
                        containing environmentally sensitive land; and
                    (B) shall not be disposed of by the County.
            (2) Reversion.--If the County ceases to use any parcel of
        the Federal land for the purposes described in paragraph (1)(A)
        or paragraph (3)--
                    (A) title to the parcel shall revert to the United
                States, at the option of the United States; and
                    (B) the County shall be responsible for any
                reclamation necessary to revert the parcel to the
                United States.
            (3) Renewable and solar energy.--The Federal land conveyed
        to the County under subsection (a) and the land conveyed to the
        County under section 1(c) of Public Law 107-350 (116 Stat.
        2975) may be used for the incidental purpose of generating
        renewable energy and solar energy for use by the Clark County
        Off Highway Vehicle Recreation Park, the shooting park
        authorized under Public Law 107-350 (116 Stat. 2975), and the
        County.
            (4) Consultation with the secretary of the air force.--
                    (A) Restriction.--Any project authorized under
                paragraph (3) shall not interfere with the national
                security mission of Nellis Air Force Base (or any
                military operation).
                    (B) Condition.--Before the construction of any
                proposed project under paragraph (3), the project
                proponent shall consult with the Secretary of Defense
                (or a designee).
    (c) Economic Support Area.--
            (1) Designation.--There is designated the Economic Support
        Area.
            (2) Interlocal agreement.--
                    (A) In general.--Before the Economic Support Area
                may be developed, the City and County shall enter into
                an interlocal agreement regarding the development of
                the Economic Support Area.
                    (B) City of north las vegas.--As a precondition of
                the development of the Economic Support Area, the
                County shall use the best efforts of the County to
                cooperate with the City to ensure compatible
                development of the Economic Support Area.
                    (C) Limitation of agreement.--In no case shall the
                interlocal agreement under this paragraph compromise or
                interfere with the aviation rights provided under
                subsection (f) and section 4(d).
                    (D) Future conveyances.--Any future conveyance of
                Federal land for addition to the Clark County Off
                Highway Vehicle Park or the Recreation Area shall be
                subject to--
                            (i) the binding interlocal agreement under
                        this paragraph; and
                            (ii) the aviation easement requirements
                        under subsection (f).
                    (E) Management plan.--The Secretary, in
                consultation with the Secretary of the Air Force and
                the County, may develop a special management plan for
                the Federal land--
                            (i) to enhance public safety and safe off-
                        highway recreation use; and
                            (ii) to ensure compatible development with
                        the mission requirements of the Nellis Air
                        Force Base.
            (3) Use of net proceeds.--Of the net proceeds from the
        development of the Economic Support Area, the County shall--
                    (A) deposit 50 percent in a special account in the
                Treasury, to be used by the Secretary to develop,
                maintain, and operate the Recreation Area; and
                    (B) retain 50 percent, to be used by the County for
                capital improvements and maintaining and operating the
                park established under subsection (b)(1).
    (d) Agreement With Nellis Air Force Base.--
            (1) In general.--Before the Federal land may be conveyed to
        the County under subsection (a), the Clark County Board of
        Commissioners, the Bureau of Land Management, and Nellis Air
        Force Base shall enter into an interlocal agreement for the
        Federal land and the Recreation Area--
                    (A) to enhance safe off-highway recreation use; and
                    (B) to ensure that development of the Federal land
                is consistent with the long-term mission requirements
                of Nellis Air Force Base.
            (2)  Limitation.--The use of the Federal land conveyed
        under subsection (a) shall not compromise the national security
        mission or aviation rights of Nellis Air Force Base.
    (e) Additional Terms and Conditions.--With respect to the
conveyance of Federal land under subsection (a), the Secretary may
require such additional terms and conditions as the Secretary considers
to be appropriate to protect the interests of the United States.
    (f) Aviation Easement.--
            (1) In general.--Each deed entered into for the conveyance
        of the Federal land shall contain a perpetual aviation easement
        reserving to the United States all rights necessary to preserve
        free and unobstructed overflight in and through the airspace
        above, over, and across the surface of the Federal land for the
        passage of aircraft owned or operated by any Federal agency or
        other Federal entity.
            (2) Requirements.--Each easement described in paragraph (1)
        shall include such terms and conditions as the Secretary of the
        Air Force determines to be necessary to comply with paragraph
        (1).

SEC. 4. DESIGNATION OF THE NELLIS DUNES NATIONAL OFF-HIGHWAY VEHICLE
              RECREATION AREA.

    (a) In General.--The area known as ``Nellis Dunes'' in the Bureau
of Land Management Resource Management Plan shall be known and
designated as the ``Nellis Dunes National Off-Highway Vehicle
Recreation Area''.
    (b) Management Plan.--The Director of the Bureau of Land Management
may develop a special management plan for the Recreation Area to
enhance the safe use of off-highway vehicles for recreational purposes.
    (c) Exclusion From National Landscape Conservation System.--The
Recreation Area shall not be considered to be a unit of the National
Landscape Conservation System.
    (d) Aviation Rights.--The aviation rights described in section 3(f)
shall apply to the Recreation Area.

SEC. 5. WITHDRAWAL AND RESERVATION OF LAND FOR NELLIS AIR FORCE BASE.

    (a) Withdrawal.--Subject to valid existing rights and except as
otherwise provided in this section--
            (1) the Federal land and interests in Federal land
        identified on the map as land to be withdrawn for Nellis Air
        Force Base are withdrawn from all forms of appropriation under
        the general land laws, including the mining, mineral leasing,
        and geothermal leasing laws; and
            (2) jurisdiction over the land and interest in lands
        withdrawn and reserved by this section is transferred to the
        Secretary of the Air Force.
    (b) Reservation.--The land withdrawn under subsection (a) is
reserved for use by the Secretary of the Air Force for--
            (1) the enlargement and protection of Nellis Air Force
        Base; or
            (2) other defense-related purposes consistent with the
        purposes of this section.
    (c) Changes in Use.--The Secretary of the Air Force shall consult
with the Secretary before using the land withdrawn and reserved by this
section for any purpose other than the purposes described in section
3(b).
    (d) Easement.--The United States reserves--
            (1) a right of flight for the passage of aircraft in the
        airspace above the surface of the Federal land conveyed to the
        County; and
            (2) the right to cause in the airspace any noise,
        vibration, smoke, or other effects that may be inherent in the
        operation of aircraft landing at, or taking off from, Nellis
        Air Force Base.

Summary: Nellis Dunes National Off-Hughway Vehicle Recreation Area Act of 2011 - Directs the Secretary of the Interior to convey specified federal land to Clark County, Nevada, for use for: (1) a centralized off-road vehicle recreation park, and (2) a designated area and facilities to discourage unauthorized use of off-highway vehicles in environmentally sensitive areas. Allows the use of federal land conveyed to Clark County for the incidental purpose of generating renewable energy and solar energy for the Clark County Off Highway Vehicle Recreation Park, a certain shooting park, and the County. Designates: (1) the Economic Support Area (ESA), and (2) the Nellis Dunes as the Nellis Dunes National Off-Highway Vehicle Recreation Area. Requires proceeds from the ESA to be used to develop and operate the Recreation Area and the park. Requires the Clark County Board of Commissioners, the Bureau of Land Management (BLM), and Nellis Air Force Base to enter into an interlocal agreement for the federal land and the Recreation Area to: (1) enhance safe off-highway recreation use, and (2) ensure that development of the federal land is consistent with the long-term mission requirements of Nellis Air Force Base.

A bill to convey certain land to Clark County, Nevada, to designate the Nellis Dunes National Off-Highway Vehicle Recreation Area, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Common Access Card Act of
2017''.

SEC. 2. MEDICARE SMART CARD PILOT PROGRAM.

    Part E of title XVIII of the Social Security Act is amended by
inserting after section 1866E the following new section:

``SEC. 1866F. SMART CARD PILOT PROGRAM.

    ``(a) Implementation.--
            ``(1) In general.--Not later than 36 months after the date
        of the enactment of this section, the Secretary shall establish
        a pilot program (in this section referred to as the `pilot
        program') to demonstrate the feasibility of using smart card
        technology under this title.
            ``(2) Smart card technology defined.--In this section, the
        term `smart card technology' means the following:
                    ``(A) Beneficiary smart card.--A machine readable,
                fraud- and tamper-resistant card (in this section
                referred to as a `smart card') that includes an
                embedded integrated circuit chip with a secure micro-
                controller that enables the verification and secure,
                electronic authentication of the identity of a Medicare
                beneficiary at the point of service through a
                combination of the smart card and a personal
                identification number known by or associated with such
                beneficiary.
                    ``(B) Card reader technology.--Information
                technology that enables a supplier and provider to
                authenticate the identity of a Medicare beneficiary
                through presentation of such a smart card and such
                components, with such authentication to be reflected
                through the use of a modifier or in another appropriate
                manner, as determined by the Secretary, in the claims
                adjudication process.
            ``(3) Program design elements.--The pilot program shall be
        conducted for a period of 3 years consistent with the
        following:
                    ``(A) Selection of area.--In consultation with the
                Inspector General of the Department of Health and Human
                Services, the Secretary shall select at least 3
                geographic areas in which the pilot program will
                operate.
                    ``(B) Selection of supplier and provider types.--In
                consultation with the Inspector General of the
                Department of Health and Human Services, the Secretary
                shall select supplier and provider types that will be
                required to participate in the pilot program (referred
                to in this section as `participating suppliers and
                providers'). In selecting such supplier and provider
                types, the Secretary shall--
                            ``(i) take into account the risk of fraud,
                        waste, and abuse (as described in section
                        1886(j)(2)(B) with respect to the category of
                        provider or supplier) and other factors as
                        determined appropriate by the Secretary; and
                            ``(ii) limit the pilot program to no more
                        than 2,000 suppliers and providers.
                    ``(C) Supplier and provider hardship exemptions.--
                The Secretary shall exempt from participation in the
                pilot program a supplier or provider that either--
                            ``(i) does not have access to card reader
                        technology (as described in paragraph (2)(B));
                            ``(ii) does not have sufficient internet
                        access; or
                            ``(iii) has a low volume (as determined by
                        the Secretary) of Medicare claims for which
                        payment is made under this title.
                    ``(D) Beneficiary smart card issuance.--The
                Secretary shall provide for the issuance of beneficiary
                smart cards described in paragraph (2)(A) to all
                Medicare beneficiaries residing in a geographic area in
                which the pilot program is conducted under subparagraph
                (A). Information that appears on Medicare cards used
                outside the pilot program may appear on the face of the
                beneficiary smart card.
                    ``(E) Information on operation of pilot program.--
                The Secretary shall provide participating suppliers and
                providers and Medicare beneficiaries who are furnished
                items and services by such suppliers and providers,
                with information on the operation of the pilot program,
                including privacy protections described in subparagraph
                (H).
                    ``(F) Access to services outside the pilot
                program.--
                            ``(i) Beneficiaries.--Medicare
                        beneficiaries who receive beneficiary smart
                        cards may receive items and services care from
                        suppliers and providers not participating in
                        the pilot program.
                            ``(ii) Suppliers and providers.--Suppliers
                        and providers not participating in the pilot
                        program may submit claims under this title for
                        items and services furnished without use of
                        smart card technology to Medicare beneficiaries
                        who receive beneficiary smart cards.
                    ``(G) Private sector implementation.--The Secretary
                shall select, by using a competitive procurement, a
                private sector contractor to implement and operate the
                pilot program.
                    ``(H) Privacy protections.--The Secretary shall
                ensure that the pilot program complies with applicable
                Federal laws, including regulations, concerning
                individually identifiable health information, including
                the Privacy Act of 1974 and regulations promulgated
                under section 264(c) of the Health Insurance
                Portability and Accountability Act of 1996 and such
                individually identifiable information shall be exempt
                from disclosure under section 552(b)(3) of title 5,
                United States Code.
                    ``(I) Mandatory participation.--Subject to
                subparagraph (C), in the case of services furnished by
                a provider or supplier included in a supplier or
                provider type selected under subparagraph (B) in a
                geographic area selected under subparagraph (A),
                payment may only be made under this title for such
                services during the period of the pilot program if the
                provider or supplier is participating in the pilot
                program.
            ``(4) Definitions.--In this section:
                    ``(A) The terms `supplier' and `provider' have the
                meanings given the terms `supplier' and `provider of
                services' in subsections (d) and (u), respectively, of
                section 1861.
                    ``(B) The term `Medicare beneficiary' means an
                individual who is enrolled in the original Medicare
                fee-for-service program under parts A and B and is not
                enrolled in an MA plan under part C, an eligible
                organization under section 1876, or a PACE program
                under section 1894.
                    ``(C) The term `Medicare claim' means a claim for
                an item or service for which payment is made under this
                title.
    ``(b) Reports to Congress.--
            ``(1) In general.--The Secretary shall submit to Congress
        the following reports:
                    ``(A) Initial design report.--Not later than 2
                years after the date of the enactment of this section,
                a report that outlines the plan for implementation of
                the pilot program.
                    ``(B) Implementation report.--After implementation
                of the pilot program, a report on the initial
                implementation of the pilot program, including
                parameters for operation of such program.
                    ``(C) Interim performance report.--Not later than 2
                years after the date the pilot program is implemented,
                an interim report on the performance of such program.
                    ``(D) Final performance report.--Not later than 18
                months after the date of the completion of the pilot
                program, a final report on the performance of such
                program.
            ``(2) Contents of certain reports.--The reports under
        subparagraphs (C) and (D) of paragraph (1) shall include
        information on the performance of the pilot program in
        achieving its objectives and such recommendations regarding
        expanding the duration and scope of such program as the
        Secretary determines appropriate.
    ``(c) Funding.--For purposes of conducting the pilot program, the
Secretary shall provide for the transfer, from the Supplemental Medical
Insurance Trust Fund under section 1841, to the Centers for Medicare &
Medicaid Program Management Account, of $150,000,000, to be available
until expended.''.

Summary: Medicare Common Access Card Act of 2017 This bill requires the Centers for Medicare amp. Medicaid Services (CMS) to establish a three-year pilot program, in at least threenbsp, geographic areas,nbsp. To demonstrate the feasibility of using smart-card technology to authenticate the identity of a Medicare beneficiary at points of service. The CMS shall select supplier and provider types that will be required to participate in the pilot program as a condition of Medicare payment, butnbsp. Must exempt from participation a supplier or provider that: (1) does not have access to card-reader technology, (2) does not have sufficient internet access, or (3) has a low volume of Medicare claims. The CMS shall select a private contractor to implement and operate the pilot program. The CMS must submit specified reports to Congress on program design, implementation, and performance. For purposes of conducting the pilot program, the CMS shallnbsp, provide for thenbsp. Transfer of $150 million from the Supplemental Medical Insurance Trust Fund to the CMS Program Management Account.

Medicare Common Access Card Act of 2017


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Efforts for Wellness and
Encouraging Longer Lives Act'' or the ``BE WELL Act''.

SEC. 2. PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION.

    (a) Internal Revenue Code of 1986.--Section 9802 of the Internal
Revenue Code of 1986 is amended--
            (1) by redesignating the second subsection (f) as
        subsection (g); and
            (2) by adding at the end the following:
    ``(h) Programs of Health Promotion and Disease Prevention.--
            ``(1) Applicability.--The following shall apply with
        respect to a program of health promotion or disease prevention
        for purposes of subsection (b)(2)(B). Such programs shall be
        referred to as `wellness programs'.
            ``(2) Definition and general rule.--
                    ``(A) Definition.--For purposes of this subsection,
                a wellness program is any program designed to promote
                health or prevent disease, including a program designed
                to encourage individuals to adopt healthy behaviors.
                    ``(B) General rule.--For purposes of subsections
                (a)(2) and (b)(2) (which provide exceptions to the
                general prohibitions against discrimination based on a
                health factor for group health plan provisions that
                vary benefits (including cost-sharing mechanisms) or
                the premium or contribution for similarly situated
                individuals in connection with a wellness program that
                satisfies the requirements of this subsection), if none
                of the conditions for obtaining a reward under a
                wellness program are based on an individual satisfying
                a standard that is related to a health factor, under
                this subsection, such wellness program does not violate
                this section if participation in the program is made
                available to all similarly situated individuals. If any
                of the conditions for obtaining a reward under such a
                wellness program is based on an individual satisfying a
                standard that is related to a health factor, the
                wellness program shall not violate this section if the
                requirements of paragraph (4) of this section are
                satisfied.
            ``(3) Wellness programs not subject to requirements.--If
        none of the conditions for obtaining a reward under a wellness
        program are based on an individual satisfying a standard that
        is related to a health factor (or if a wellness program does
        not provide a reward), the wellness program shall not violate
        this section, if participation in the program is made available
        to all similarly situated individuals. Such programs need not
        satisfy the requirements of paragraph (4), if participation in
        the program is made available to all similarly situated
        individuals. Wellness programs described in this paragraph
        include the following:
                    ``(A) A program that reimburses all or part of the
                cost for memberships in a fitness center.
                    ``(B) A diagnostic testing program that provides a
                reward for participation and does not base any part of
                the reward on outcomes.
                    ``(C) A program that encourages preventive care
                through the waiver of the copayment or deductible
                requirement under a group health plan for the costs of,
                for example, prenatal care or well-baby visits.
                    ``(D) A program that reimburses employees for the
                costs of smoking cessation programs without regard to
                whether the employee quits smoking.
                    ``(E) A program that provides a reward to employees
                for attending a monthly health education seminar.
            ``(4) Wellness programs subject to requirements.--If any of
        the conditions for obtaining a reward under a wellness program
        is based on an individual satisfying a standard that is related
        to a health factor, the wellness program shall not violate this
        section if the requirements of this paragraph are satisfied.
                    ``(A) The reward for the wellness program, coupled
                with the reward for other wellness programs with
                respect to the plan that require satisfaction of a
                standard related to a health factor, shall not exceed
                30 percent of the cost of employee-only coverage under
                the plan. However, if, in addition to employees, any
                class of dependents (such as spouses or spouses and
                dependent children) may participate in the wellness
                program, the reward shall not exceed 30 percent of the
                cost of the coverage in which an employee and any
                dependents are enrolled. For purposes of this
                paragraph, the cost of coverage shall be determined
                based on the total amount of employer and employee
                contributions for the benefit package under which the
                employee is (or the employee and any dependents are)
                receiving coverage. A reward may be in the form of a
                discount or rebate of a premium or contribution, a
                waiver of all or part of a cost-sharing mechanism (such
                as deductibles, copayments, or coinsurance), the
                absence of a surcharge, or the value of a benefit that
                would otherwise not be provided under the plan. The
                Secretaries of Labor, Health and Human Services, and
                the Treasury may increase the reward available under
                this subparagraph to up to 50 percent of the cost of
                coverage under the plan if such Secretaries determine
                that such an increase is appropriate.
                    ``(B) The wellness program shall be reasonably
                designed to promote health or prevent disease. A
                program satisfies this subparagraph if it has a
                reasonable chance of improving the health of or
                preventing disease in participating individuals and it
                is not overly burdensome, is not a subterfuge for
                discriminating based on a health factor, and is not
                highly suspect in the method chosen to promote health
                or prevent disease. At least once per year, each plan
                or issuer offering a wellness program shall evaluate
                the reasonableness of such program.
                    ``(C) The program shall give individuals eligible
                for the program the opportunity to qualify for the
                reward under the program at least once per year.
                    ``(D)(i) The reward under the program shall be
                available to all similarly situated individuals.
                    ``(ii) For purposes of clause (i), a reward is not
                available to all similarly situated individuals for a
                period unless the program allows--
                            ``(I) a reasonable alternative standard (or
                        waiver of the otherwise applicable standard)
                        for obtaining the reward for any individual for
                        whom, for that period, it is unreasonably
                        difficult due to a medical condition to satisfy
                        the otherwise applicable standard; and
                            ``(II) a reasonable alternative standard
                        (or waiver of the otherwise applicable
                        standard) for obtaining the reward for any
                        individual for whom, for that period, it is
                        medically inadvisable to attempt to satisfy the
                        otherwise applicable standard.
                    ``(iii) A plan or issuer may seek verification,
                such as a statement from an individual's physician,
                that a health factor makes it unreasonably difficult or
                medically inadvisable for the individual to satisfy or
                attempt to satisfy the otherwise applicable standard.
                    ``(E)(i) The plan or issuer shall disclose in all
                plan materials describing the terms of the program the
                availability of a reasonable alternative standard (or
                the possibility of waiver of the otherwise applicable
                standard) required under subparagraph (D). If plan
                materials merely mention that a program is available,
                without describing its terms, such disclosure is not
                required.
                    ``(ii) The following language, or similar language,
                may be used to satisfy the requirement of this
                subparagraph: `If it is unreasonably difficult due to a
                medical condition for you to achieve the standards for
                the reward under this program, or if it is medically
                inadvisable for you to attempt to achieve the standards
                for the reward under this program, call us at [insert
                telephone number] and we will work with you to develop
                another way to qualify for the reward.'.
            ``(5) Regulations.--The Secretaries of Labor, Health and
        Human Services, and the Treasury may promulgate regulations, as
        appropriate, to carry out this subsection.
            ``(6) Effective date.--This subsection shall take effect on
        the date of enactment of the BE WELL Act.
            ``(7) Existing wellness programs.--During the period of
        time between the date of enactment of the BE WELL Act and the
        date on which the Secretaries of Labor, Health and Human
        Services, and the Treasury establish regulations to effectuate
        this subsection, a wellness program that was established prior
        to the date of enactment of the BE WELL Act may continue to
        operate in accordance with the requirements in effect on the
        day before such date of enactment.''.
    (b) PHSA Group Market.--Section 2702(b) of the Public Health
Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the
following:
            ``(4) Programs of health promotion and disease
        prevention.--The provisions of section 9802(h) of the Internal
        Revenue Code of 1986 shall apply to programs of health
        promotion and disease prevention offered through a group health
        plan or a health insurance issuer offering group health
        insurance coverage.''.
    (c) ERISA.--Section 702(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the
end the following:
            ``(4) Programs of health promotion and disease
        prevention.--The provisions of section 9802(h) of the Internal
        Revenue Code of 1986 shall apply to programs of health
        promotion and disease prevention offered through a group health
        plan or a health insurance issuer offering group health
        insurance coverage.''.
    (d) Application of Wellness Programs Provisions to Carriers
Providing Federal Employee Health Benefits Plans.--
            (1) In general.--Notwithstanding section 8906 of title 5,
        United States Code (including subsections (b)(1) and (b)(2) of
        such section), subsections (a), (b), and (c) of this section,
        including the amendments made by those subsections (relating to
        wellness programs), shall apply to carriers entering into
        contracts under section 8902 of title 5, United States Code.
            (2) Proposals.--Carriers may submit separate proposals
        relating to voluntary wellness program offerings as part of the
        annual call for benefit and rate proposals to the Office of
        Personnel Management.
            (3) Effective date.--This subsection shall take effect on
        the date of enactment of this Act and shall apply to contracts
        entered into under section 8902 of title 5, United States Code,
        that take effect with respect to calendar years that begin more
        than 1 year after that date.
    (e) State Demonstration Project.--Subpart 1 of part B of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is
amended by adding at the end the following:

``SEC. 2746. WELLNESS PROGRAM DEMONSTRATION PROJECT.

    ``(a) In General.--Not later than July 1, 2014, the Secretary of
Health and Human Services, in consultation with the Secretary of the
Treasury, shall establish a 10-State demonstration project under which
participating States shall apply the provisions of 9802(h) of the
Internal Revenue Code of 1986 to programs of health promotion offered
by a health insurance issuer that offers health insurance coverage in
the individual market in such State.
    ``(b) Expansion of Demonstration Project.--If the Secretary of
Health and Human Services, in consultation with the Secretary of the
Treasury, determines that the demonstration project described in
subsection (a) is effective, such Secretaries may, beginning on July 1,
2017, expand such demonstration project to include additional
participating States.
    ``(c) Requirements.--States that participate in the demonstration
project under this section shall--
            ``(1) ensure that requirements of consumer protection are
        met in programs of health promotion in the individual market;
            ``(2) require verification from health insurance issuers
        that offer health insurance coverage in the individual market
        of such State that premium discounts--
                    ``(A) do not create undue burdens for individuals
                insured in the individual market;
                    ``(B) do not lead to cost shifting; and
                    ``(C) are not a subterfuge for discrimination; and
            ``(3) ensure that consumer data is protected in accordance
        with the requirements of section 264(c) of the Health Insurance
        Portability and Accountability Act of 1996.
    ``(d) Existing Programs of Health Promotion or Disease
Prevention.--Nothing in this section shall preempt any State law
related to programs of health promotion offered by a health insurance
issuer that offers health insurance coverage in the individual market
in such State that was established or adopted by State law on or after
the date of enactment of the BE WELL Act.
    ``(e) Regulations.--The Secretaries of Health and Human Services
and the Treasury may promulgate regulations, as appropriate, to carry
out this section.''.
    (f) Report.--
            (1) In general.--Not later than 3 years after the date of
        enactment of this Act, the Secretary of Health and Human
        Services, in consultation with the Secretary of the Treasury
        and the Secretary of Labor, shall submit a report to the
        appropriate committees of Congress concerning--
                    (A) the effectiveness of wellness programs (as
                defined in section 9802(h)(2) of the Internal Revenue
                Code of 1986, as added by subsection (a)) in promoting
                health and preventing disease;
                    (B) the impact of such wellness programs on the
                access to care and affordability of coverage for
                participants and non-participants of such programs;
                    (C) the impact of premium-based and cost-sharing
                incentives on participant behavior and the role of such
                programs in changing behavior; and
                    (D) the effectiveness of different types of
                rewards.
            (2) Data collection.--In preparing the report described in
        paragraph (1), the Secretaries shall gather relevant
        information from employers who provide employees with access to
        wellness programs, including State and Federal agencies.

Summary: Building Efforts for Wellness and Encouraging Longer Lives Act or the BE WELL Act - Amends the Internal Revenue Code to establish standards for programs of health promotion and disease prevention , including a system of rewards and reimbursements for voluntarily adopting healthy behaviors, including participation in fitness and smoking cessation programs. Applies such standards to group plans under the Public Health Service Act and federal employee health benefit plans. Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a 10-state demonstration project to apply wellness program standards to state health insurance plans.

A bill to codify and enhance existing regulations designed to encourage individuals to adopt healthy behaviors through voluntary participation in programs of health promotion and disease prevention.


SECTION 1. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW.

    Section 304 of the Emergency Planning and Community Right-to-Know
Act of 1986 (42 U.S.C. 1104) is amended as follows:
            (1) By striking ``immediately'' after ``operator of the
        facility shall'' in subsection (a)(1) and inserting ``, within
        1 hour of having knowledge that such release had occurred,''.
            (2) By striking ``immediately'' after ``operator of the
        facility shall'' in subsection (a)(2) and inserting ``, within
        1 hour of having knowledge that such release had occurred,''.
            (3) By inserting in subsection (a)(3) in the matter
        preceding subparagraph (A), ``, within 1 hour of having
        knowledge that such release had occurred,'' after ``the owner
        or operator shall''.
            (4) By amending subsection (b)(1) to read as follows:
            ``(1) Recipients of notice.--Notice required under
        subsection (a) shall be given, within 1 hour of having
        knowledge that the release had occurred, by the owner or
        operator of a facility (by such means as telephone, radio, or
        in person) to--
                    ``(A) the community emergency coordinator for the
                local emergency planning committees, if established
                pursuant to section 301(c) of this title, for any area
                likely to be affected by the release and to the State
                emergency planning commission of any State likely to be
                affected by the release; or
                    ``(B) a State agency authorized by State law to
                receive such notification.
        If an authorized State agency is notified by an owner or
        operator of the facility, the State agency shall provide notice
        to the State emergency response commission within 2 hours of
        receiving notification. Notice may be given later than 1 hour
        after knowledge of a leak or spill if the owner or operator of
        the facility, acting in good faith, is unable to provide
        notification because of unusual, extenuating circumstances,
        including remote location, power outages, incapacity of owner
        or operator, and disruption of telephone service. With respect
        to transportation of a substance subject to the requirements of
        this section, or storage incident to such transportation, the
        notice requirements of this section with respect to a release
        shall be satisfied by dialing 911 or, in the absence of a 911
        emergency telephone number, calling the operator.''.

SEC. 2. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
              LIABILITY ACT OF 1980.

    Section 103 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended as
follows:
            (1) By striking ``Any person in charge of a vessel'' in
        subsection (a) and all that follows through the end of the
        subsection and inserting the following:
``Any person in charge of a vessel or an offshore or an onshore
facility shall, within 1 hour of having knowledge of any release (other
than a federally permitted release) of a hazardous substance from such
vessel or facility in quantities equal to or greater than those
determined pursuant to section 9602 of this title, notify--
            ``(1) the National Response Center established under the
        Clean Water Act (33 U.S.C. 1251 et seq.);
            ``(2) the State emergency response commission established
        under the Emergency Planning and Community Right-to-Know Act
        (42 U.S.C. 11001 et seq.); or
            ``(3) a State agency authorized by State law to receive
        notification of such release.
If the National Response Center is notified directly, the Center shall
convey the notification within 2 hours to all appropriate Government
agencies, including the Governor of any affected State. If the State
emergency response commission receives notification of such release
from a State agency or from the person in charge of a vessel or an
offshore or an onshore facility, the commission shall convey
notification within 2 hours to the National Response Center. If an
authorized State agency receives notification of such release from a
person in charge of a vessel or an offshore or an onshore facility, the
State agency shall convey notification within 2 hours to the National
Response Center and the State emergency response commission. Notice may
be given later than 1 hour after knowledge of a leak or spill if the
person, acting in good faith, is unable to provide notification because
of unusual, extenuating circumstances, including location, power
outages, incapacity of person having knowledge, and disruption of
telephone service.''.
            (2) In subsection (b), by striking ``immediately the
        appropriate agency'' and all that follows through ``knowledge
        of such release'' and inserting ``, within 1 hour of having
        knowledge that such release had occurred, the National Response
        Center, the State emergency response commission, or the
        appropriate State agency as designated by State law''.

Summary: Amends the Emergency Planning and Community Right-to-Know Act of 1986 to modify notice requirements regarding releases of extremely hazardous substances (or releases of other substances subject to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require notification by the owner or operator of the facility at which the chemical is produced, used, or stored to emergency planning officials within one hour of having knowledge that a release has occurred. Permits an exception to the one hour requirement in the event of unusual or extenuating circumstances. Allows such notice to be given to a State agency authorized by State law to receive the notification and requires such an agency to then notify the State emergency response commission within two hours. Amends CERCLA to modify notice requirements regarding releases of hazardous substances to require notification by the person in charge of the vessel or facility within one hour of having knowledge of the release . Allows such notice to be given to the State emergency response commission or a State agency authorized by State law to receive the notification. Requires the National Response Center to convey the notification to all appropriate government agencies within two hours and provides a similar time period for notification of the Center or both the Center and the commission if first received by the emergency response commission or the authorized State agency, respectively. Allows an exception to the one hour requirement similar to the one provided by the right-to-know amendments of this Act. Revises penalties for failure to notify to conform with this Act's amendments.

To amend the Emergency Planning and Community Right-to-Know Act of 1986 and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify certain notice requirements, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upper Housatonic Valley National
Heritage Area Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The upper Housatonic Valley, encompassing 29 towns in
        the hilly terrain of western Massachusetts and northwestern
        Connecticut, is a singular geographical and cultural region
        that has made significant national contributions through its
        literary, artistic, musical, and architectural achievements,
        its iron, paper, and electrical equipment industries, and its
        scenic beautification and environmental conservation efforts.
            (2) The upper Housatonic Valley has 139 properties and
        historic districts listed on the National Register of Historic
        Places including--
                    (A) five National Historic Landmarks--
                            (i) Edith Wharton's home, The Mount, Lenox,
                        Massachusetts;
                            (ii) Herman Melville's home, Arrowhead,
                        Pittsfield, Massachusetts;
                            (iii) W.E.B. DuBois' Boyhood Homesite,
                        Great Barrington, Massachusetts;
                            (iv) Mission House, Stockbridge,
                        Massachusetts; and
                            (v) Crane and Company Old Stone Mill Rag
                        Room, Dalton, Massachusetts; and
                    (B) four National Natural Landmarks--
                            (i) Bartholomew's Cobble, Sheffield,
                        Massachusetts, and Salisbury, Connecticut;
                            (ii) Beckley Bog, Norfolk, Connecticut;
                            (iii) Bingham Bog, Salisbury, Connecticut;
                        and
                            (iv) Cathedral Pines, Cornwall,
                        Connecticut.
            (3) Writers, artists, musicians, and vacationers have
        visited the region for more than 150 years to enjoy its scenic
        wonders, making it one of the country's leading cultural
        resorts.
            (4) The upper Housatonic Valley has made significant
        national cultural contributions through such writers as Herman
        Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B.
        DuBois, artists Daniel Chester French and Norman Rockwell, and
        the performing arts centers of Tanglewood, Music Mountain,
        Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow,
        and Shakespeare & Company.
            (5) The upper Housatonic Valley is noted for its pioneering
        achievements in the iron, paper, and electrical generation
        industries and has cultural resources to interpret those
        industries.
            (6) The region became a national leader in scenic
        beautification and environmental conservation efforts following
        the era of industrialization and deforestation and maintains a
        fabric of significant conservation areas including the
        meandering Housatonic River.
            (7) Important historical events related to the American
        Revolution, Shays' Rebellion, and early civil rights took place
        in the upper Housatonic Valley.
            (8) The region had an American Indian presence going back
        10,000 years and Mohicans had a formative role in contact with
        Europeans during the seventeenth and eighteenth centuries.
            (9) The Upper Housatonic Valley National Heritage Area has
        been proposed in order to heighten appreciation of the region,
        preserve its natural and historical resources, and improve the
        quality of life and economy of the area.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish the Upper Housatonic Valley National
        Heritage Area in the State of Connecticut and the Commonwealth
        of Massachusetts.
            (2) To implement the national heritage area alternative as
        described in the document entitled ``Upper Housatonic Valley
        National Heritage Area Feasibility Study, 2003''.
            (3) To provide a management framework to foster a close
        working relationship with all levels of government, the private
        sector, and the local communities in the upper Housatonic
        Valley region to conserve the region's heritage while
        continuing to pursue compatible economic opportunities.
            (4) To assist communities, organizations, and citizens in
        the State of Connecticut and the Commonwealth of Massachusetts
        in identifying, preserving, interpreting, and developing the
        historical, cultural, scenic, and natural resources of the
        region for the educational and inspirational benefit of current
        and future generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Upper Housatonic Valley National Heritage Area, established in
        section 4.
            (2) Management entity.--The term ``Management Entity''
        means the management entity for the Heritage Area designated by
        section 4(d).
            (3) Management plan.--The term ``Management Plan'' means
        the management plan for the Heritage Area specified in section
        6.
            (4) Map.--The term ``map'' means the map entitled
        ``Boundary Map Upper Housatonic Valley National Heritage
        Area'', numbered P17/80,000, and dated February 2003.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) State.--The term ``State'' means the State of
        Connecticut and the Commonwealth of Massachusetts.

SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Upper Housatonic
Valley National Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of--
            (1) part of the Housatonic River's watershed, which extends
        60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
            (2) the towns of Canaan, Colebrook, Cornwall, Kent,
        Norfolk, North Canaan, Salisbury, Sharon, and Warren in
        Connecticut;
            (3) the towns of Alford, Becket, Dalton, Egremont, Great
        Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey,
        Mount Washington, New Marlboro, Pittsfield, Richmond,
        Sheffield, Stockbridge, Tyringham, Washington, and West
        Stockbridge in Massachusetts; and
            (4) the land and water within the boundaries of the
        Heritage Area, as depicted on the map.
    (c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of the Interior.
    (d) Management Entity.--The Upper Housatonic Valley National
Heritage Area, Inc. shall be the management entity for the Heritage
Area.

SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Duties of the Management Entity.--To further the purposes of
the Heritage Area, the management entity shall--
            (1) prepare and submit a management plan for the Heritage
        Area to the Secretary in accordance with section 6;
            (2) assist units of local government, regional planning
        organizations, and nonprofit organizations in implementing the
        approved management plan by--
                    (A) carrying out programs and projects that
                recognize, protect and enhance important resource
                values within the Heritage Area;
                    (B) establishing and maintaining interpretive
                exhibits and programs within the Heritage Area;
                    (C) developing recreational and educational
                opportunities in the Heritage Area;
                    (D) increasing public awareness of and appreciation
                for natural, historical, scenic, and cultural resources
                of the Heritage Area;
                    (E) protecting and restoring historic sites and
                buildings in the Heritage Area that are consistent with
                heritage area themes;
                    (F) ensuring that clear, consistent, and
                appropriate signs identifying points of public access
                and sites of interest are posted throughout the
                Heritage Area; and
                    (G) promoting a wide range of partnerships among
                governments, organizations and individuals to further
                the purposes of the Heritage Area;
            (3) consider the interests of diverse units of government,
        businesses, organizations and individuals in the Heritage Area
        in the preparation and implementation of the management plan;
            (4) conduct meetings open to the public at least semi-
        annually regarding the development and implementation of the
        management plan;
            (5) submit an annual report to the Secretary for any fiscal
        year in which the management entity receives Federal funds
        under this Act, setting forth its accomplishments, expenses,
        and income, including grants to any other entities during the
        year for which the report is made;
            (6) make available for audit for any fiscal year in which
        it receives Federal funds under this Act, all information
        pertaining to the expenditure of such funds and any matching
        funds, and require in all agreements authorizing expenditures
        of Federal funds by other organizations, that the receiving
        organizations make available for such audit all records and
        other information pertaining to the expenditure of such funds;
        and
            (7) encourage by appropriate means economic viability that
        is consistent with the purposes of the Heritage Area.
    (b) Authorities.--The management entity may, for the purposes of
preparing and implementing the management plan for the Heritage Area,
use Federal funds made available through this Act to--
            (1) make grants to the State of Connecticut and the
        Commonwealth of Massachusetts, their political subdivisions,
        nonprofit organizations and other persons;
            (2) enter into cooperative agreements with or provide
        technical assistance to the State of Connecticut and the
        Commonwealth of Massachusetts, their political jurisdictions,
        nonprofit organizations, and other interested parties;
            (3) hire and compensate staff, which shall include
        individuals with expertise in natural, cultural, and historical
        resources protection, and heritage programming;
            (4) obtain money or services from any source including any
        that are provided under any other Federal law or program;
            (5) contract for goods or services; and
            (6) undertake to be a catalyst for any other activity that
        furthers the purposes of the Heritage Area and is consistent
        with the approved management plan.
    (c) Prohibitions on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property, but may use any other source of funding,
including other Federal funding outside this authority, intended for
the acquisition of real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--The management plan for the Heritage Area shall--
            (1) include comprehensive policies, strategies and
        recommendations for conservation, funding, management and
        development of the Heritage Area;
            (2) take into consideration existing State, county, and
        local plans in the development of the management plan and its
        implementation;
            (3) include a description of actions that governments,
        private organizations, and individuals have agreed to take to
        protect the natural, historical and cultural resources of the
        Heritage Area;
            (4) specify the existing and potential sources of funding
        to protect, manage, and develop the Heritage Area in the first
        5 years of implementation;
            (5) include an inventory of the natural, historical,
        cultural, educational, scenic, and recreational resources of
        the Heritage Area related to the themes of the Heritage Area
        that should be preserved, restored, managed, developed, or
        maintained;
            (6) recommend policies and strategies for resource
        management that consider and detail the application of
        appropriate land and water management techniques including, but
        not limited to, the development of intergovernmental and
        interagency cooperative agreements to protect the Heritage
        Area's natural, historical, cultural, educational, scenic and
        recreational resources;
            (7) describe a program of implementation for the management
        plan including plans for resource protection, restoration,
        construction, and specific commitments for implementation that
        have been made by the management entity or any government,
        organization, or individual for the first 5 years of
        implementation;
            (8) include an analysis and recommendations for ways in
        which local, State, and Federal programs, including the role of
        the National Park Service in the Heritage Area, may best be
        coordinated to further the purposes of this Act; and
            (9) include an interpretive plan for the Heritage Area.
    (b) Deadline and Termination of Funding.--
            (1) Deadline.--The management entity shall submit the
        management plan to the Secretary for approval within 3 years
        after funds are made available for this Act.
            (2) Termination of funding.--If the management plan is not
        submitted to the Secretary in accordance with this subsection,
        the management entity shall not qualify for Federal funding
        under this Act until such time as the management plan is
        submitted to and approved by the Secretary.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, upon the request of the
        management entity, provide technical assistance on a
        reimbursable or non-reimbursable basis and financial assistance
        to the Heritage Area to develop and implement the approved
        management plan. The Secretary is authorized to enter into
        cooperative agreements with the management entity and other
        public or private entities for this purpose. In assisting the
        Heritage Area, the Secretary shall give priority to actions
        that in general assist in--
                    (A) conserving the significant natural, historical,
                cultural, and scenic resources of the Heritage Area;
                and
                    (B) providing educational, interpretive, and
                recreational opportunities consistent with the purposes
                of the Heritage Area.
            (2) Spending for non-federally owned property.--The
        Secretary may spend Federal funds directly on non-federally
        owned property to further the purposes of this Act, especially
        in assisting units of government in appropriate treatment of
        districts, sites, buildings, structures, and objects listed or
        eligible for listing on the National Register of Historic
        Places.
    (b) Approval and Disapproval of Management Plan.--
            (1) In general.--The Secretary shall approve or disapprove
        the management plan not later than 90 days after receiving the
        management plan.
            (2) Criteria for approval.--In determining the approval of
        the management plan, the Secretary shall consider whether--
                    (A) the management entity is representative of the
                diverse interests of the Heritage Area including
                governments, natural and historic resource protection
                organizations, educational institutions, businesses,
                and recreational organizations;
                    (B) the management entity has afforded adequate
                opportunity, including public hearings, for public and
                governmental involvement in the preparation of the
                management plan;
                    (C) the resource protection and interpretation
                strategies contained in the management plan, if
                implemented, would adequately protect the natural,
                historical, and cultural resources of the Heritage
                Area; and
                    (D) the Secretary has received adequate assurances
                from the appropriate State and local officials whose
                support is needed to ensure the effective
                implementation of the State and local aspects of the
                management plan.
            (3) Action following disapproval.--If the Secretary
        disapproves the management plan, the Secretary shall advise the
        management entity in writing of the reasons therefore and shall
        make recommendations for revisions to the management plan. The
        Secretary shall approve or disapprove a proposed revision
        within 60 days after the date it is submitted.
            (4) Approval of amendments.--Substantial amendments to the
        management plan shall be reviewed by the Secretary and approved
        in the same manner as provided for the original management
        plan. The management entity shall not use Federal funds
        authorized by this Act to implement any amendments until the
        Secretary has approved the amendments.

SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal agency conducting or supporting activities directly
affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity
        in carrying out their duties under this Act and, to the maximum
        extent practicable, coordinate such activities with the
        carrying out of such duties; and,
            (3) to the maximum extent practicable, conduct or support
        such activities in a manner which the management entity
        determines will not have an adverse effect on the Heritage
        Area.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the Heritage
Area under this Act.
    (b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.

SEC. 10. SUNSET.

    The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of
enactment of the Act.

Summary: Upper Housatonic Valley National Heritage Area Act - Establishes the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts. Designates the Upper Housatonic Valley National Heritage Area, Inc. as the Areas' management entity, which shall: (1) submit to the Secretary of the Interior for approval a management plan which includes policies, strategies, and recommendations for conservation, funding, management, development, and interpretation of the Area. And (2) assist local governments, regional planning organizations, and nonprofit organizations in implementing the plan. Prohibits the entity from using Federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area and enter into cooperative agreements with the management entity to develop and implement the plan.

A bill to establish the Upper Housatonic Valley National Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts, and for other purposes.