SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy and Water Integration Act of
2009''.

SEC. 2. ENERGY WATER NEXUS STUDY.

    (a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Energy (referred to in this Act as the
``Secretary''), in consultation with the Secretary of the Interior and
the Administrator of the Environmental Protection Agency, shall enter
into an arrangement with the National Academy of Sciences under which
the Academy shall conduct an in-depth analysis of the impact of energy
development and production on the water resources of the United States.
    (b) Scope of Study.--
            (1) In general.--The study described in subsection (a)
        shall be comprised of each assessment described in paragraphs
        (2) through (4).
            (2) Transportation sector assessment.--
                    (A) In general.--The study shall include a
                lifecycle assessment of the quantity of water withdrawn
                and consumed in the production of transportation fuels,
                or electricity, to evaluate the ratio that--
                            (i) the quantity of water withdrawn and
                        consumed in the production of transportation
                        fuels (measured in gallons), or electricity
                        (measured in kilowatts); bears to
                            (ii) the total distance (measured in miles)
                        that may be traveled as a result of the
                        consumption of transportation fuels, or
                        electricity.
                    (B) Scope of assessment.--
                            (i) In general.--The assessment shall
                        include, as applicable--
                                    (I) the exploration for, and
                                extraction or growing of, energy
                                feedstock;
                                    (II) the processing of energy
                                feedstock into transportation fuel;
                                    (III) the generation,
                                transportation, and storage of
                                electricity for transportation; and
                                    (IV) the conduct of an analysis of
                                the efficiency with which the
                                transportation fuel is consumed.
                            (ii) Fuels.--The assessment shall contain
                        an analysis of transportation fuel sources,
                        including--
                                    (I) domestically produced crude oil
                                (including products derived from
                                domestically produced crude oil);
                                    (II) imported crude oil (including
                                products derived from imported crude
                                oil);
                                    (III) domestically produced natural
                                gas (including liquid fuels derived
                                from natural gas);
                                    (IV) imported natural gas
                                (including liquid fuels derived from
                                natural gas);
                                    (V) oil shale;
                                    (VI) tar sands;
                                    (VII) domestically produced corn-
                                based ethanol;
                                    (VIII) imported corn-based ethanol;
                                    (IX) advanced biofuels (including
                                cellulosic- and algae-based biofuels);
                                    (X) coal to liquids (including
                                aviation fuel, diesel, and gasoline
                                products);
                                    (XI) electricity consumed in--
                                            (aa) fully electric drive
                                        vehicles; and
                                            (bb) plug-in hybrid
                                        vehicles;
                                    (XII) hydrogen; and
                                    (XIII) any reasonably foreseeable
                                combination of any transportation fuel
                                source described in subclauses (I)
                                through (XII).
            (3) Electricity sector assessment.--
                    (A) In general.--The study shall include a
                lifecycle assessment of the quantity of water withdrawn
                and consumed in the production of electricity to
                evaluate the ratio that--
                            (i) the quantity of water used and consumed
                        in the production of electricity (measured in
                        gallons); bears to
                            (ii) the quantity of electricity that is
                        produced (measured in kilowatt-hours).
                    (B) Scope of assessment.--The assessment shall
                include, as applicable--
                            (i) the exploration for, or extraction or
                        growing of, energy feedstock;
                            (ii) the processing of energy feedstock for
                        electricity production; and
                            (iii) the production of electricity.
                    (C) Generation types.--The assessment shall contain
                an evaluation and analysis of electricity generation
                facilities that are constructed in accordance with
                different plant designs (including different cooling
                technologies such as water, air, and hybrid systems,
                and technologies designed to minimize carbon dioxide
                releases) based on the fuel used by the facility,
                including--
                            (i) coal;
                            (ii) natural gas;
                            (iii) oil;
                            (iv) nuclear energy;
                            (v) solar energy;
                            (vi) wind energy;
                            (vii) geothermal energy;
                            (viii) biomass;
                            (ix) the beneficial use of waste heat; and
                            (x) any reasonably foreseeable combination
                        of any fuel described in clauses (i) through
                        (ix).
            (4) Assessment of additional impacts.--In addition to the
        impacts associated with the direct use and consumption of water
        resources in the transportation and electricity sectors
        described in paragraphs (2) and (3), the study shall contain an
        identification and analysis of any unique water impact
        associated with a specific fuel source, including an impact
        resulting from--
                    (A) any extraction or mining practice;
                    (B) the transportation of feedstocks from the point
                of extraction to the point of processing;
                    (C) the transportation of fuel and power from the
                point of processing to the point of consumption; and
                    (D) the location of a specific fuel source that is
                limited to 1 or more specific geographical regions.
    (c) Report to Secretary.--Not later than 18 months after the date
of enactment of this Act, the National Academy of Sciences shall submit
to the Secretary a report that contains a summary of the results of the
study conducted under this section.
    (d) Availability of Results of Study.--On the date on which the
National Academy of Sciences completes the study under this section,
the National Academy of Sciences shall make available to the public the
results of the study.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.

SEC. 3. POWER PLANT WATER AND ENERGY EFFICIENCY.

    (a) In General.--To protect water supplies and promote the
efficient use of water in the electricity production sector, the
Secretary, in consultation with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency, shall conduct a
study to identify the best available technologies and related
strategies to maximize water and energy efficiency in the production of
electricity by each type of generation.
    (b) Generation Types.--The study shall include an evaluation of
different types of generation facilities, including--
            (1) coal facilities, under which the evaluation shall
        account for--
                    (A) different types of coal and associated
                generating technologies; and
                    (B) the use of technologies designed to minimize
                and sequester carbon dioxide releases;
            (2) oil and natural gas facilities, under which the
        evaluation shall account for the use of technologies designed
        to minimize and sequester carbon dioxide releases;
            (3) hydropower, including turbine upgrades, incremental
        hydropower, in-stream hydropower, and pump-storage projects;
            (4) thermal solar facilities; and
            (5) nuclear facilities.
    (c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that contains a description of the
results of the study conducted under this section.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section, to remain available until expended.

SEC. 4. WATER CONSERVATION AND ENERGY SAVINGS STUDY.

    (a) Definitions.--In this section:
            (1) Major reclamation project.--The term ``major
        Reclamation project'' means a multipurpose project authorized
        by the Federal Government and carried out by the Bureau of
        Reclamation.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior, acting through the Commissioner of
        Reclamation.
    (b) Study.--
            (1) In general.--In accordance with paragraph (2), to
        promote the efficient use of energy in water distribution
        systems, the Secretary shall conduct a study to evaluate the
        quantities of energy used in water storage and delivery
        operations in major Reclamation projects.
            (2) Elements.--In conducting the study, the Secretary
        shall--
                    (A) with respect to each major Reclamation
                project--
                            (i) assess and estimate the annual energy
                        consumption associated with the major
                        Reclamation project; and
                            (ii) identify--
                                    (I) each major Reclamation project
                                that consumes the greatest quantity of
                                energy; and
                                    (II) the aspect of the operation of
                                each major Reclamation project
                                described in subclause (I) that is the
                                most energy intensive (including water
                                storage and releases, water delivery,
                                and administrative operations); and
                    (B) identify opportunities to significantly reduce
                current energy consumption and costs with respect to
                each major Reclamation project described in
                subparagraph (A), including, as applicable, through--
                            (i) reduced groundwater pumping;
                            (ii) improved reservoir operations;
                            (iii) infrastructure rehabilitation;
                            (iv) water reuse; and
                            (v) the integration of renewable energy
                        generation with project operations.
    (c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that contains a description of the
results of the study conducted under this section.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section, to remain available until expended.

SEC. 5. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY.

    (a) Definitions.--In this section:
            (1) Facility.--The term ``facility'' means the Brackish
        Groundwater National Desalination Research Facility, located in
        Otero County, New Mexico.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (b) Duty of Secretary.--The Secretary shall operate, manage, and
maintain the facility to carry out research, development, and
demonstration activities to develop technologies and methods that
promote brackish groundwater desalination as a viable method to
increase water supply in a cost-effective manner.
    (c) Objectives; Activities.--
            (1) Objectives.--The Secretary shall operate and manage the
        facility as a state-of-the-art desalination research center--
                    (A) to develop new water and energy technologies
                with widespread applicability; and
                    (B) to create new supplies of usable water for
                municipal, agricultural, industrial, or environmental
                purposes.
            (2) Activities.--In operating, managing, and maintaining
        the facility under subsection (b), the Secretary shall carry
        out--
                    (A) as a priority, the development of renewable
                energy technologies for integration with desalination
                technologies--
                            (i) to reduce the capital and operational
                        costs of desalination;
                            (ii) to minimize the environmental impacts
                        of desalination; and
                            (iii) to increase public acceptance of
                        desalination as a viable water supply process;
                    (B) research regarding various desalination
                processes, including improvements in reverse and
                forward osmosis technologies;
                    (C) the development of innovative methods and
                technologies to reduce the volume and cost of
                desalination concentrated wastes in an environmentally
                sound manner;
                    (D) an outreach program to create partnerships with
                States, academic institutions, private entities, and
                other appropriate organizations to conduct research,
                development, and demonstration activities, including
                the establishment of rental and other charges to
                provide revenue to help offset the costs of operating
                and maintaining the facility; and
                    (E) an outreach program to educate the public on--
                            (i) desalination and renewable energy
                        technologies; and
                            (ii) the benefits of using water in an
                        efficient manner.
    (d) Authority of Secretary.--The Secretary may enter into contracts
or other agreements with, or make grants to, appropriate entities to
carry out this section, including an agreement with an academic
institution to manage research activities at the facility.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.

SEC. 6. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION.

    Section 205 of the Department of Energy Organization Act (42 U.S.C.
7135) is amended by adding at the end the following:
    ``(n) Water-Related Energy Consumption.--
            ``(1) In general.--Not less than once during each 3-year
        period, to aid in the understanding and reduction of the
        quantity of energy consumed in association with the use of
        water, the Administrator shall conduct an assessment under
        which the Administrator shall collect information on energy
        consumption in various sectors of the economy that are
        associated with the acquisition, treatment, or delivery of
        water.
            ``(2) Required sectors.--An assessment described in
        paragraph (1) shall contain an analysis of water-related energy
        consumption for all relevant sectors of the economy, including
        water used for--
                    ``(A) agricultural purposes;
                    ``(B) municipal purposes;
                    ``(C) industrial purposes; and
                    ``(D) domestic purposes.
            ``(3) Effect.--Nothing in this subsection affects the
        authority of the Administrator to collect data under section 52
        of the Federal Energy Administration Act of 1974 (15 U.S.C.
        790a).''.

SEC. 7. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP.

    (a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall develop a document to be known as the
``Energy-Water Research and Development Roadmap'' to define the future
research, development, demonstration, and commercialization efforts
that are required to address emerging water-related challenges to
future, cost-effective, reliable, and sustainable energy generation and
production.
    (b) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report describing the document described in subsection (a),
including recommendations for any future action with respect to the
document.

Summary: Energy and Water Integration Act of 2009 - Directs the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to conduct an in-depth analysis of the impact of energy development and production on US water resources. Requires the study to include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels or electricity. Requires the Secretary to conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation . Directs the Secretary of the Interior: (1) acting through the Commissioner of Reclamation, to conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major reclamation projects. And (2) to operate, manage, and maintain the Brackish Groundwater National Desalination Research Facility in Otero County, New Mexico, to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. Amends the Department of Energy Organization Act to require the Administrator of the Energy Information Administration to conduct an assessment of energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. Requires the Secretary to develop an Energy-Water Research and Development Roadmap.

A bill to provide for the conduct of an in-depth analysis of the impact of energy development and production on the water resources of the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Health Equity Act of
1998''.

SEC. 2. USE OF STATE CHILDREN'S HEALTH INSURANCE PROGRAM FUNDS FOR
              ENHANCED MATCHING RATE FOR COVERAGE OF ADDITIONAL
              CHILDREN UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
            (1) in subsection (b), by striking ``or subsection (u)(3)''
        and inserting ``, subsection (u)(3), or subsection (u)(4)(A)'';
        and
            (2) in subsection (u) (as added by section 4911(a)(2) of
        the Balanced Budget Act of 1997 and as amended by section 162
        of Public Law 105-100)--
                    (A) by redesignating paragraph (4) as paragraph
                (5); and
                    (B) by inserting after paragraph (3) the following
                new paragraph:
    ``(4)(A) For purposes of subsection (b), the expenditures described
in this subparagraph are expenditures for medical assistance for
waivered low-income children described in subparagraph (B) but--
            ``(i) only in the case of children residing in a State
        described in subparagraph (C); and
            ``(ii) only to the extent the number of full-year
        equivalent waivered low-income children enrolled under the
        State plan under this title for the fiscal year exceeds the
        number of waivered low-income children described in
        subparagraph (D)(i) for the State for the fiscal year.
    ``(B) For purposes of this paragraph, the term `waivered low-income
child' means a child whose family income exceeds the minimum income
level required to be established for the age of such child under
section 1902(l)(2) in order for the child to be eligible for medical
assistance under this title, but does not exceed the medicaid
applicable income level (as defined in section 2110(b)(4) but
determined as if `June 1, 1997' were substituted for `March 31, 1997')
for that child.
    ``(C) A State described in this subparagraph is a State that--
            ``(i) has under a waiver authorized by the Secretary or
        under section 1902(r)(2) established a medicaid applicable
        income level (as defined in section 2110(b)(4) but determined
        as if `June 1, 1997' were substituted for `March 31, 1997') for
        children under 19 years of age residing in the State that is at
        or above 200 percent of the poverty line; and
            ``(ii) demonstrates to the satisfaction of the Secretary a
        commitment to reach and enroll children who are eligible for,
        but not enrolled under, the State plan through means, such as
        the following:
                    ``(I) Eliminating the assets test for eligibility
                of waivered low-income children.
                    ``(II) Using shortened and simplified applications
                for such children.
                    ``(III) Allowing applications for such children to
                be submitted by mail or through telephone.
                    ``(IV) Outstationing State eligibility workers at
                sites that are frequented by families with children,
                including schools, child care centers, churches,
                centers providing Head Start services, local offices of
                the special supplemental food program for women,
                infants and young children (WIC) established under
                section 17 of the Child Nutrition Act of 1966,
                community centers, Job Corps centers established under
                part B of title IV of the Job Training Partnership Act
                or subtitle C of title I of the Workforce Investment
                Act of 1998, sites offering the recognized equivalent
                of a secondary school degree, offices of tribal
                organizations (as defined in section 4(l) of the Indian
                Self-Determination and Education Assistance Act), and
                Social Security Administration field offices.
                    ``(V) Using presumptive eligibility for waivered
                low-income children.
                    ``(VI) Collaborating with public and private
                entities to conduct outreach campaigns to enroll such
                children.
    ``(D)(i) For purposes of subparagraph (A)(ii), the number of
waivered low-income children for a State described in this clause for--
            ``(I) fiscal year 1998, is equal to the number of full-year
        equivalent waivered low-income children enrolled under the
        State plan under this title for fiscal year 1997; and
            ``(II) fiscal year 1999 or a succeeding fiscal year, is
        equal to the number of waivered low-income children determined
        under this clause for the preceding fiscal year increased by
        the number of percentage points determined under clause (ii)
        for the State for the fiscal year involved.
    ``(ii) The number of percentage points determined under this clause
for a State for a fiscal year is equal to the number of percentage
points by which--
            ``(I) the arithmetic average of the total number of
        children in the State set forth in the 3 most recent March
        supplements to the Current Population Survey of the Bureau of
        the Census before the beginning of the fiscal year; exceeds
            ``(II) the arithmetic average of such total number set
        forth in the second, third, and fourth most recent March
        supplements to such Survey before the beginning of the fiscal
        year.
    ``(E) For purposes of section 2104(d) (regarding the reduction of
an allotment under title XXI) the amount determined under paragraph (2)
of that section shall, with respect to expenditures described in
subparagraph (A), only take into account the amount by which--
            ``(i) the payments made to a State for such expenditures
        for a fiscal year on the basis of an enhanced FMAP under the
        fourth sentence of subsection (b); exceed
            ``(ii) the amount of payments that would have been made for
        the expenditures if the enhanced FMAP did not apply.
    ``(F) Each State shall submit to the Secretary such information, at
such time and in such manner, as the Secretary determines is necessary
to ensure that the requirements of this paragraph are satisfied. The
Secretary shall ensure that information is provided under this
subsection in a manner that is consistent with other reporting
requirements for information required to be submitted by a State under
this title and title XXI, and avoids duplication of reporting
requirements.
    ``(G) The Secretary shall regularly examine the payments made to a
State for the expenditures described in subparagraph (A) to confirm
that the payments are attributable to expenditures described in such
subparagraph.''.
    (b) Conforming Amendments.--
            (1) Section 1902(a)(10)(A)(ii)(XIV) of the Social Security
        Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XIV)) is amended by striking
        ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)''.
            (2) Section 2104(d)(2) of the Social Security Act (42
        U.S.C. 1397dd(d)(2)) is amended by inserting ``subject to
        section 1905(u)(4)(E),'' after ``(2)''.
    (c) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of section 4911 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 570).

SEC. 3. EXPANSION OF PRESUMPTIVE ELIGIBILITY OPTION FOR CHILDREN UNDER
              THE MEDICAID PROGRAM.

    (a) In General.--Section 1920A(b)(3)(A)(i) of the Social Security
Act (42 U.S.C. 1396r-1a(b)(3)(A)(i)) is amended--
            (1) by striking ``or (II)'' and inserting ``, (II)''; and
            (2) by inserting before the semicolon ``, eligibility for
        assistance under the State plan under part A of title IV,
        eligibility of a child to receive medical assistance under the
        State plan under this title or title XXI, (III) is a staff
        member of an elementary school or secondary school, as such
        terms are defined in section 14101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 8801), a child care
        resource and referral center, or an agency administering a
        State plan under part D of title IV, or (IV) is so designated
        by the State''.
    (b) Conforming Amendments.--Section 1920A of such Act (42 U.S.C.
1396r-1a) is amended--
            (1) in subsection (b)(3)(A)(ii), by striking ``paragraph
        (1)(A)'' and inserting ``paragraph (2)(A)''; and
            (2) in subsection (c)(2), in the matter preceding
        subparagraph (A), by striking ``subsection (b)(1)(A)'' and
        inserting ``subsection (b)(2)(A)''.

Summary: Children's Health Equity Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to provide for an increased Federal medical assistance percentage for expanded coverage of certain waivered low-income children in States which: (1) have established a Medicaid applicable income level for children under age 19 that is at or above 200 percent of the poverty line. And (2) demonstrate a commitment to reach and enroll such children. Defines waivered low-income children as those whose family income: (1) exceeds certain minimum Medicaid-eligible levels required to be established for the age of the child. But (2) does not exceed the Medicaid applicable income level for that child. Provides for expansion of the individuals and entities which may serve as qualified entities with regard to the Medicaid presumptive eligibility option for low-income children. Limits the number of waivered low-income children for a State for FY 1998 and each succeeding fiscal year.

Children's Health Equity Act of 1998


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dairy Promotion Equity Act''.

SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.

    (a) Declaration of Policy.--The first sentence of section 110(b) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is
amended--
            (1) by inserting after ``commercial use'' the following:
        ``and on imported dairy products''; and
            (2) by striking ``products produced in'' and inserting
        ``products produced in or imported into''.
    (b) Definitions.--Section 111 of the Dairy Production Stabilization
Act of 1983 (7 U.S.C. 4502) is amended--
            (1) in subsection (k), by striking ``and'' at the end;
            (2) in subsection (l), by striking the period at the end
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(m) the term `imported dairy product' means any dairy
        product that is imported into the United States, including--
                    ``(1) milk and cream and fresh and dried dairy
                products;
                    ``(2) butter and butterfat mixtures;
                    ``(3) cheese;
                    ``(4) casein and mixtures; and
                    ``(5) other dairy products; and
            ``(n) the term `importer' means a person that imports an
        imported dairy product into the United States.''.
    (c) Funding.--
            (1) Representation on board.--Section 113(b) of the Dairy
        Production Stabilization Act of 1983 (7 U.S.C. 4504(b)) is
        amended--
                    (A) by designating the first through ninth
                sentences as paragraphs (1) through (5) and paragraphs
                (7) through (10), respectively;
                    (B) in paragraph (1) (as so designated), by
                striking ``thirty-six'' and inserting ``38'';
                    (C) in paragraph (2) (as so designated), by
                striking ``Members'' and inserting ``Of the members of
                the Board, 36 members''; and
                    (D) by inserting after paragraph (5) (as so
                designated) the following:
            ``(6) Importers.--
                    ``(A) In general.--Of the members of the Board, 2
                members shall be representatives of importers of
                imported dairy products.
                    ``(B) Appointment.--The importer representatives
                shall be appointed by the Secretary from nominations
                submitted by importers under such procedures as the
                Secretary determines to be appropriate.''.
            (2) Assessment.--Section 113(g) of the Dairy Production
        Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
                    (A) by designating the first through fifth
                sentences as paragraphs (1) through (5), respectively;
                and
                    (B) by adding at the end the following:
            ``(6) Importers.--
                    ``(A) In general.--The order shall provide that
                each importer of imported dairy products shall pay an
                assessment to the Board in the manner prescribed by the
                order.
                    ``(B) Rate.--The rate of assessment on imported
                dairy products shall be determined in the same manner
                as the rate of assessment per hundredweight or the
                equivalent of milk.
                    ``(C) Value of products.--For the purpose of
                determining the assessment on imports under
                subparagraph (B), the value to be placed on imported
                dairy products shall be established by the Secretary in
                a fair and equitable manner.''.
            (3) Records.--The first sentence of section 113(k) of the
        Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(k))
        is amended by striking ``person receiving'' and inserting
        ``importer of imported dairy products, each person receiving''.
            (4) Referendum.--Section 116 of the Dairy Production
        Stabilization Act of 1983 (7 U.S.C. 4507) is amended by adding
        at the end the following:
    ``(d) Referendum on Dairy Promotion Equity Act.--
            ``(1) In general.--On the request of a representative group
        comprising 10 percent or more of the number of producers
        subject to the order, the Secretary shall--
                    ``(A) conduct a referendum to determine whether the
                producers favor suspension of the application of the
                amendments made by section 2 of the Dairy Promotion
                Equity Act; and
                    ``(B) suspend the application of the amendments
                until the results of the referendum are known.
            ``(2) Continuation of suspension.--The Secretary shall
        continue the suspension of the application of the amendments
        referred to in paragraph (1)(A) only if the Secretary
        determines that suspension of the application of the amendments
        is favored by a majority of the producers voting in the
        referendum who, during a representative period (as determined
        by the Secretary), have been engaged in the production of milk
        for commercial use.''.

Summary: Dairy Promotion Equity Act - Amends the Dairy Production Stabilization Act of 1983 to: (1) require dairy importers to contribute to the dairy promotion program, (2) increase National Dairy Board membership by including importers. And (3) provide for a referendum regarding suspension of certain provisions under the Dairy Promotion Equity Act.

Dairy Promotion Equity Act


SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Role Models
Academy Demonstration Act''.
    (b) Purpose.--The purpose of this Act is to establish a Role Models
Academy that--
            (1) serves as a model, residential, military style magnet
        school for at-risk youth from around the Nation who cease to
        attend secondary school before graduation from secondary
        school; and
            (2) will foster a student's growth and development by
        providing a residential, controlled environment conducive for
        developing leadership skills, self-discipline, citizenship, and
        academic and vocational excellence in a structured living and
        learning environment.
    (c) Definitions.--For the purpose of this Act--
            (1) the term ``Academy'' means the academy established
        under section 3;
            (2) the term ``former member of the Armed Forces'' means
        any individual who was discharged or released from service in
        the Armed Forces under honorable conditions;
            (3) the term ``local educational agency'' has the meaning
        given that term in section 14101 of the Elementary and
        Secondary Education Act of 1965 (20 U.S.C. 8801);
            (4) the term ``secondary school'' has the meaning given
        that term in section 14101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 8801); and
            (5) the term ``Secretary'' means the Secretary of
        Education.

SEC. 2. OBJECTIVES.

    The objectives of this Act are as follows:
            (1) To provide a comprehensive, coherent, integrated, high
        quality, cost-effective, residential, education and vocational
        training academy for the Nation's at-risk youth, designed to
        meet the entrance demands of colleges and universities and the
        needs of employers.
            (2) To establish a comprehensive, national partnership
        investment model among the Federal Government, States,
        corporate America, and colleges and universities.
            (3) To provide for community partnerships among local
        community leaders, businesses, and churches to provide
        mentoring to Academy students.
            (4) To provide for a community partnership between the
        Academy and the local school system under which model Academy
        students will serve as mentors to at-risk youth who are
        attending school to provide such in-school at-risk youth with
        valuable instruction and insights regarding--
                    (A) the prevention of drug use and crime;
                    (B) self-restraint; and
                    (C) conflict resolution skills.
            (5) To provide Academy students with--
                    (A) the tools to become productive citizens;
                    (B) learning skills;
                    (C) traditional, moral, ethical, and family values;
                    (D) work ethics;
                    (E) motivation;
                    (F) self-confidence; and
                    (G) pride.
            (6) To provide employment opportunities at the Academy for
        former members of the Armed Forces and participants in the
        program assisted under section 1151 of title 10, United States
        Code (Troops to Teachers Program).
            (7) To make the Academy available, upon demonstration of
        success, for expansion or duplication throughout every State,
        through block grant funding or other means.

SEC. 3. ACADEMY ESTABLISHED.

    The Secretary shall carry out a demonstration program under which
the Secretary establishes a four-year, residential, military style
academy--
            (1) that shall offer at-risk youth secondary school
        coursework and vocational training, and that may offer
        precollegiate coursework;
            (2) that focuses on the education and vocational training
        of youth at risk of delinquency or dropping out of secondary
        school;
            (3) whose teachers are primarily composed of former members
        of the Armed Forces or participants in the program assisted
        under section 1151 of title 10, United States Code (Troops to
        Teachers Program), if such former members or participants are
        qualified and trained to teach at the Academy;
            (4) that operates a mentoring program that--
                    (A) utilizes mentors from all sectors of society to
                serve as role models for Academy students;
                    (B) provides, to the greatest extent possible, one-
                to-one mentoring relationships between mentors and
                Academy students; and
                    (C) involves mentors providing academic tutoring,
                advice, career counseling, and role models;
            (5) that may contain a Junior Reserve Officers' Training
        Corps unit established in accordance with section 2031 of title
        10, United States Code;
            (6) that is housed on the site of any military installation
        closed pursuant to a base closure law; and
            (7) if the Secretary determines that the Academy is
        effective, that serves as a model for similar military style
        academies throughout the United States.

Summary: Role Models Academy Demonstration Act - Directs the Secretary of Education to carry out a demonstration program under which a four-year, residential, military-style academy is established which: (1) offers at-risk youth secondary school coursework and vocational training. (2) focuses on the education and vocational training of youth at risk of delinquency or dropping out of secondary school. (3) has a teaching staff primarily composed of former members of the armed forces or participants in the Troops to Teachers Program, if they are qualified and trained to teach at the Academy. (4) operates a mentoring program involving role models from all sectors of society, (5) may contain a Junior Reserve Officers' Training Corps unit. (6) is housed on the site of any military installation closed pursuant to a base closure law. And (7) if effective, serves as a model for similar military-style academies throughout the United States.

Role Models Academy Demonstration Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Employment Opportunity
Restoration Act of 2012''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Congress has enacted laws to eradicate workplace
        discrimination and to secure equal employment opportunities for
        all Americans, as noted in Teamsters v. United States, 431 U.S.
        324 (1977) and McDonnell Douglas Corp. v. Green, 411 U.S. 792
        (1973) (stating that civil rights laws are meant ``to assure
        equality of employment opportunities and to eliminate . . .
        discriminatory practices and devices'' in the workplace).
            (2) Workplace discrimination laws prohibit subjective
        employment practices that operate to deny equal employment
        opportunities to employees, as explained in Watson v. Fort
        Worth Bank & Trust, 487 U.S. 977 (1988), which stated that
        personnel decisions ``based on the exercise of personal
        judgment or the application of inherently subjective criteria''
        are unlawful when the personnel decisions have the effect of
        discriminating on grounds prohibited by law.
            (3) Class actions often have been the most effective means
        to enforce employment discrimination laws, as explained in East
        Texas Motor Freight System Inc. v. Rodriguez, 431 U.S. 395
        (1977) (``[S]uits alleging . . . discrimination are often by
        their very nature class suits, involving classwide wrongs''
        where ``[c]ommon questions of law or fact are typically
        present.'') and in Eisen v. Carlisle & Jacquelin, 417 U.S. 156
        (1974) (``Economic reality dictates that [claims of relatively
        small value] proceed as a class action or not at all.'').
            (4) Historically, a class action alleging employment
        discrimination could be maintained if the class was united by a
        common issue of law or fact. As a leading legal treatise,
        William B. Rubenstein, 1 Newberg on Class Actions Sec. 3:20
        (5th ed. 2011), explained, ``this requirement [was] easily met
        in most cases''. As another leading treatise, Charles A. Wright
        et al., 7A Federal Practice and Procedure, Wright and Miller
        Sec. 1763 (3rd ed. 2005), explained, this requirement had been
        given ``permissive application''.
            (5) However, the Supreme Court recently made it more
        difficult for victims of discrimination to vindicate claims for
        their rights. In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct.
        2541 (2011), the Court required ``convincing proof of a
        companywide discriminatory pay and promotion policy'' as a
        prerequisite to class certification. In a dissent in that case,
        Justice Ginsberg wrote that the Court's decision ``disqualifies
        the class at the starting gate''.
    (b) Purpose.--The purpose of this Act is to restore employees'
ability to challenge, as a group, discriminatory employment practices,
including subjective employment practices.

SEC. 3. GROUP ACTIONS.

    (a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following:

                      ``CHAPTER 182--GROUP ACTIONS

``Sec.
``4201. Group actions in certain employment discrimination cases.
``Sec. 4201. Group actions in certain employment discrimination cases
    ``(a) Group Actions.--In seeking relief under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.),
title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.),
section 1977 of the Revised Statutes (42 U.S.C. 1981), or title II of
the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff
et seq.) (individually referred to in this section as a `covered
employment statute'), 1 or more members (collectively referred to in
this section as the `representative party') of a group may sue on
behalf of all members of the group if the representative party shows,
by a reasonable inference, that--
            ``(1) the members of the group are so numerous that their
        joinder is impracticable;
            ``(2) the claims of the representative party are typical of
        the claims of the group the representative party seeks to
        represent and the representative party and the representative
        party's counsel will fairly and adequately protect the
        interests of the group; and
            ``(3) the members of the group are, or have been, subject
        to an employment practice that has adversely affected or is
        adversely affecting a significant portion of the group's
        members.
    ``(b) Subjective Employment Practices.--
            ``(1) Definition.--In this subsection, the term `subjective
        employment practice' means--
                    ``(A) an employer's policy of leaving personnel
                decisions to the unguided discretion of supervisors,
                managers, and other employees with authority to make
                such personnel decisions; or
                    ``(B) an employment practice that combines a
                subjective employment practice, as defined in
                subparagraph (A), with other types of personnel
                decisions.
            ``(2) Challenges.--A representative party may challenge a
        subjective employment practice covered by a covered employment
        statute in a group action filed under this section to the same
        extent as the party may challenge any other employment practice
        covered by the covered employment statute in such an action.
            ``(3) Exercise of discretion in different ways.--The fact
        that individual supervisors, managers, or other employees with
        authority to make personnel decisions may exercise discretion
        in different ways in applying a subjective employment practice
        under the covered employment statute shall not preclude a
        representative party from filing a corresponding group action
        under this section.
            ``(4) Consideration of written nondiscrimination policy.--
        In determining whether to certify a group action challenging an
        employment practice, the court may consider as evidence, in
        opposition to certification, an employer's written
        nondiscrimination policy only to the extent that the employer
        demonstrates that the policy has been consistently and
        effectively used to prevent and, where necessary, promptly
        correct discrimination against the group.
    ``(c) Relationship to Rule 23 of the Federal Rules of Civil
Procedure.--
            ``(1) Election of procedure.--The representative party may
        elect to proceed in a group action under this section or in a
        class action under rule 23 of the Federal Rules of Civil
        Procedure. This election shall occur not later than the latest
        date on which the representative party may petition for class
        certification under rule 23 of the Federal Rules of Civil
        Procedure.
            ``(2) Rule 23 requirements.--To the extent consistent with
        this section, the court shall apply the provisions of rule
        23(c) through rule 23(h) of the Federal Rules of Civil
        Procedure, including the requirements under rule 23 regarding
        notice and requests for exclusion, to claims brought pursuant
        to this section.
            ``(3) Interlocutory appellate review.--Decisions granting
        or denying certification of claims as group actions under this
        section are subject to review to the same extent as orders
        granting or denying class certification pursuant to rule 23 of
        the Federal Rules of Civil Procedure.
            ``(4) Class action fairness act.--Group actions certified
        under this section shall be subject to section 1332(d), section
        1453, and chapter 114 to the same extent as class actions
        certified pursuant to rule 23 of the Federal Rules of Civil
        Procedure.
            ``(5) Rule of construction.--Nothing in this section shall
        be construed to create any inference regarding the standards
        for determining whether claims may be adjudicated together
        under any law other than the covered employment statutes.
    ``(d) Remedies.--
            ``(1) Availability of remedies.--If an employer has been
        found liable under a covered employment statute against a group
        certified under this section, the court may deny a remedy
        available under the covered employment statute to a member of
        the group only if the employer demonstrates, by a preponderance
        of the evidence, that the member of the group would not have
        received the corresponding employment opportunity or benefit
        even in the absence of a violation of the covered employment
        statute.
            ``(2) Relief.--
                    ``(A) In general.--The court shall fashion the most
                complete relief possible for members of a prevailing
                group described in this section and shall have broad
                discretion in determining how to fashion that relief.
                    ``(B) Exercise of discretion.--In exercising its
                discretion under this paragraph, the court shall--
                            ``(i) use such procedures as the interests
                        of justice warrant, which procedures may
                        include economic or statistical modeling,
                        mathematical calculation, sampling, individual
                        adjudication, and other means the court may
                        adopt;
                            ``(ii) consider which procedure will best
                        ensure that members of the group will be made
                        whole;
                            ``(iii) consider which procedure will best
                        minimize the cost to and burden on the parties;
                        and
                            ``(iv) consider which procedure most
                        reliably and efficiently accounts for
                        limitations on the court's ability to identify
                        individual members of the group and to measure
                        the harm incurred by individual members of the
                        group.''.
    (b) Technical and Conforming Amendment.--The table of chapters for
part VI of title 28, United States Code, is amended by adding at the
end the following:

``182. Group actions........................................    4201''.

Summary: Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable. (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group. And (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action. Defines a subjective employment practice as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions. Or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions. Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action. Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.

To restore the effective use of group actions for claims arising under title VII of the Civil Rights Act of 1964, title I of the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, section 1977 of the Revised Statutes, and the Genetic Information Nondiscrimination Act of 2008, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Farm Vehicle Flexibility
Act''.

SEC. 2. GRANTS TO STATES.

    Chapter 311 of title 49, United States Code, is amended--
            (1) in section 31101--
                    (A) by redesignating paragraphs (2), (3), and (4)
                as paragraphs (3), (4), and (5), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) `covered farm vehicle' means a motor vehicle
        (including an articulated motor vehicle)--
                    ``(A) that--
                            ``(i) is registered or otherwise designated
                        by the State for use in, or transportation
                        activities related to, the operation of farms;
                            ``(ii) is equipped with a special
                        registration plate or other State-issued
                        designation to allow for identification of the
                        vehicle as a farm vehicle by law enforcement
                        personnel;
                            ``(iii) is traveling in the State of
                        registration or designation or in another
                        State;
                            ``(iv) is operated by--
                                    ``(I) a farm owner or operator;
                                    ``(II) a ranch owner or operator;
                                or
                                    ``(III) an employee or family
                                member of an individual specified in
                                subclause (I) or (II);
                            ``(v) is transporting to or from a farm or
                        ranch--
                                    ``(I) agricultural commodities;
                                    ``(II) livestock;
                                    ``(III) agricultural supplies; or
                                    ``(IV) machinery, including
                                machinery being transported for the
                                purpose of performance of agricultural
                                production activity or for the purpose
                                of servicing or repairing the item
                                being transported;
                            ``(vi) is not used in the operations of a
                        for-hire motor carrier;
                            ``(vii) has a gross vehicle weight rating
                        or gross vehicle weight, whichever is greater,
                        that is--
                                    ``(I) 26,001 pounds or less; or
                                    ``(II) greater than 26,001 pounds
                                and is traveling within the State of
                                registration or designation or within
                                150 air miles of the farm or ranch with
                                respect to which the vehicle is being
                                operated; and
                            ``(viii) is not transporting materials that
                        require a placard; or
                    ``(B) that--
                            ``(i) meets the requirements under
                        subparagraph (A) (other than clause (vi) of
                        such subparagraph);
                            ``(ii) is operated pursuant to a crop share
                        farm lease agreement;
                            ``(iii) is owned by a tenant with respect
                        to that agreement; and
                            ``(iv) is transporting the landlord's
                        portion of the crops under that agreement.'';
                        and
            (2) in section 31102--
                    (A) in subsection (b)(2)(E), by striking the period
                at the end and inserting a semicolon;
                    (B) by redesignating subsection (e) as subsection
                (f); and
                    (C) by inserting after subsection (d) the
                following:
    ``(e) Limitation of Authority; State Standards for Covered Farm
Vehicles and Drivers.--The Secretary may not terminate, reduce, limit,
or otherwise interfere with the amount or timing of grants that a State
is otherwise eligible to receive under this title or title 23 as a
result of any minimum standard or exemption provided by the State for a
covered farm vehicle or the driver of such vehicle that is less
stringent than the requirements for commercial motor vehicles and
drivers established under title 49, Code of Federal Regulations,
including requirements pertaining to--
            ``(1) controlled substances and alcohol use and testing;
            ``(2) commercial driver's licensing;
            ``(3) driver qualifications;
            ``(4) medical certifications;
            ``(5) driving and operating commercial vehicles;
            ``(6) parts and accessories for the safe operation of
        commercial vehicles;
            ``(7) the maximum hours of service of drivers;
            ``(8) vehicle inspection repair and maintenance;
            ``(9) employee safety and health standards; and
            ``(10) recordkeeping related to compliance with such
        standards.''.

Summary: Local Farm Vehicle Flexibility Act This bill prohibits the Department of Transportation from terminating, reducing, limitoing, or otherwise interfering with the amount or timing of grants a state is otherwise eligible to receive as a result of any minimum standard or exemption the state gives a covered farm vehicle or the driver of such vehicle less stringent than federal requirements for commercial motor vehicles and drivers. A covered farm vehicle means any motor vehicle meeting certain gross weight requirements and: registered or otherwise designated by a state for use in, or transportation activities related to, the operation of farms. Operated by a farm or ranch owner or operator, or an employee or family member. Transporting to or from a farm or ranch agricultural commodities, livestock, agricultural supplies, or machinery. And not used in the operations of a for-hire motor carrier, nor transporting materials requiring a placard. A covered farm vehicle may also be one meeting these requirements but operated pursuant to a crop share farm lease agreement, owned by a tenant under that agreement, and transporting the landlord's portion of the crops.

Local Farm Vehicle Flexibility Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Land Management Participation
Act of 1997''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that the public and the
Congress have both the right and a reasonable opportunity to
participate in decisions that affect the use and management of all
public lands owned or controlled by the Government of the United
States.

SEC. 3. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLE IN DECLARATION
              OF NATIONAL MONUMENTS.

    The Antiquities Act (16 U.S.C. 431a) is amended by adding the
following new section:
``Sec. 431b. Public and congressional roles in national monument
              declarations
    ``(a) The Secretaries of the Interior and Agriculture shall provide
an opportunity for public involvement and by regulation shall establish
procedures, including public hearings where appropriate, to give
Federal, State, and local governments and the public, adequate notice
and opportunity to comment upon and participate in the formulation of
plans relating to the declaration of national monuments upon the lands
owned or controlled by the Government of the United States pursuant to
the authority of the Antiquities Act (16 U.S.C. 431).
    ``(b) In addition, the Secretary of the Interior and Agriculture
shall, prior to any recommendations for declaration of an area--
            ``(1) ensure compliance with all applicable federal land
        management and environmental statutes, including the National
        Environmental Policy Act (40 U.S.C. 4321-4370d);
            ``(2) cause mineral surveys to be conducted by the
        Geological Survey to determine the mineral values, if any, that
        may be present in such areas;
            ``(3) identify all existing rights held on federal lands
        contained within such areas by type and acreage; and
            ``(4) identify all State lands contained within such areas.
    ``(c) After such reviews and mineral surveys, the Secretary of the
Interior or Agriculture shall report to the President his
recommendations as to what lands owned or controlled by the Government
of the United States warrant declaration as a national monument.
    ``(d) The President shall advise the President of the Senate and
the Speaker of the House of Representatives of his recommendations with
respect to declaration as national monuments of each such area,
together with a map thereof and a definition of its boundaries. Such
advice by the President shall be given within two years of the receipt
of each report from the Secretary. After the effective date of the
Public Land Management Participation Act, a recommendation of the
President for declaration of a national monument shall become effective
only if so provided by an Act of Congress.''.

SEC. 4. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN WORLD
              HERITAGE SITE LISTING.

    Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
            (1) in subsection (a) in the first sentence, by--
                    (A) inserting ``(in this section referred to as the
                Convention)'' after ``1973''; and
                    (B) inserting ``and subject to subsections (b),
                (c), (d), (e), and (f)'' before the period at the end;
            (2) in subsection (b) in the first sentence, by inserting
        ``, subject to subsection (d),'' after ``shall''; and
            (3) adding at the end the following new subsections:
    ``(d) If the area proposed for designation is not wholly contained
within an existing unit of the National Park System, the Secretary of
the Interior and Agriculture:
            ``(1) Shall provide an opportunity for public involvement
        and by regulation shall establish procedures, including public
        hearings where appropriate, to give Federal, State, and local
        governments and the public, adequate notice and opportunity to
        comment upon and participate in the formulation of plans
        relating to the designation of any lands owned by the United
        States for inclusion on the World Heritage List pursuant to the
        Convention.
            ``(2) After such review, the Secretary of the Interior or
        Agriculture shall report to the President his recommendations
        as to what lands owned by the United States warrant inclusion
        on the World Heritage List pursuant to the Convention.
            ``(3) The President shall advise the President of the
        Senate and the Speaker of the House of Representatives of his
        recommendations with respect to the designation of any lands
        owned by the United States for inclusion on the World Heritage
        List pursuant to the Convention. Such advice by the President
        shall be given within two years of the receipt of each report
        from the Secretary. After the effective date of Public Land
        Participation Management Act, a recommendation of the
        Presisident for designation of any lands owned by the United
        States for inclusion on the World Heritage List shall become
        effective only if so provided by an Act of Congress.
    ``(e) The Secretary of the Interior or Agriculture shall object to
the inclusion of any property in the United States on the list of World
Heritage in Danger established under Article 11.4 of the Convention
unless--
            ``(1) the Secretary has submitted to the Speaker of the
        House and the President of the Senate a report describing the
        necessity for including that property on the list; and
            ``(2) the Secretary is specifically authorized to assent to
        the inclusion of the property on the list, by a joint
        resolution of the Congress enacted after the date that report
        is submitted.
    ``(f) The Secretary of the Interior and Agriculture shall submit an
annual report on each World Heritage Site within the United States to
the chairman and ranking minority member of the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate, that contains the following information for
each site:
            ``(1) An accounting of all money expended to manage the
        site.
            ``(2) A summary of Federal full-time-equivalent hours
        related to management of the site.
            ``(3) A list and explanation of all nongovernmental
        organizations contributing to the management of the site.
            ``(4) A summary and account of the disposition of
        complaints received by the Secretary related to management of
        the site.''.

SEC. 5. CLARIFICATION OF PUBLIC AND CONGRESSIONAL ROLES IN THE
              DESIGNATION OF UNITED NATIONS BIOSPHERE RESERVES.

    Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following new section:
    ``Sec. 403. (a) No Federal official may nominate any lands in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization.
    ``(b) Any designation of an area in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization shall not
have, and shall not be given, any force or effect, unless the Biosphere
Reserve is specifically authorized by an Act of Congress.
    ``(c) The Secretary of the Interior and Agriculture shall provide
an opportunity for public involvement and by regulation shall establish
procedures, including public hearings where appropriate, to give
Federal, State, and local governments and the public, adequate notice
and opportunity to comment upon and participate in the formulation of
plans relating to the designation of any lands owned by the United
States as a Biosphere Reserve under the Man and Biosphere Program of
the United Nations Educational, Scientific, and Cultural Organization.
    ``(d) After such review, the Secretary of the Interior or
Agriculture shall report to the President his recommendations as to
what lands owned by the United States warrant inclusion as a Biosphere
Reserve.
    ``(e) The President shall advise the President of the Senate and
the Speaker of the House of Representatives of his recommendations with
respect to the designation of any lands owned by the United States for
inclusion as a Biosphere Reserve. Such advice by the President shall be
given within two years of the receipt of each report from the
Secretary. After the effective date of the Public Land Participation
Management Act, a recommendation of the President for declaration of a
Biosphere Reserve shall become effective only if so provided by an Act
of Congress.
    ``(f) The Secretary of State shall submit an annual report on each
Biosphere Reserve within the United States to the Chairman and Ranking
Minority member of the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains the following information for each reserve:
            ``(1) An accounting of all money expended to manage the
        reserve.
            ``(2) A summary of Federal full time equivalent hours
        related to management of the reserve.
            ``(3) A list and explanation of all nongovernmental
        organizations contributing to the management of the reserve.
            ``(4) A summary and account of the disposition of the
        complaints received by the Secretary related to management of
        the reserve.''

Summary: Public Land Management Participation Act of 1997 - Amends the Antiquities Act to require the Secretaries of the Interior and Agriculture to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the declaration of national monuments upon federally owned or controlled lands. Requires the Secretaries, prior to making any recommendations for declaration of an area, to: (1) ensure compliance with all applicable Federal land management and environmental statutes. (2) cause mineral surveys to be conducted by the Geological Survey to determine the mineral values that may be present in such areas. (3) identify all existing rights held on Federal lands contained within such areas. And (4) identify all State lands contained within such areas. Requires: (1) either Secretary, after such reviews and mineral surveys, to report his or her recommendations as to what federally owned or controlled lands warrant declaration as a national monument to the President. And (2) the President to advise the President of the Senate and the Speaker of the House of Representatives of the President's recommendations, together with maps of the monuments and definitions of their boundaries. Amends the National Historic Preservation Act Amendments of 1980 to provide that if an area is not wholly contained within an existing National Park System unit, the Secretaries shall provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to the designation of any federally owned lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage. Requires: (1) either Secretary, after such review, to report his or her recommendations as to what federally owned lands warrant such inclusion to the President. And (2) the President to advise the President of the Senate and the Speaker of the House of the President's recommendations with respect to the designation of any federally owned lands for such inclusion. Requires either Secretary to object to the inclusion of any property on the list unless the Secretary: (1) has submitted to the Speaker and the President of the Senate a report describing the necessity for including that property on the list. And (2) is specifically authorized to assent to such inclusion by a joint resolution of the Congress enacted after the date that report is submitted. Requires the Secretaries to report annually to specified congressional committees on each World Heritage Site within the United States. Prohibits: (1) Federal officials from nominating any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. And (2) any designation of such a Reserve from having or being given any force or effect unless specifically authorized by an Act of Congress. Requires the Secretaries to provide an opportunity for public involvement and establish procedures to give the public and Federal, State, and local governments adequate notice and opportunity to comment upon and participate in the formulation of plans relating to such designation. Requires: (1) after such review, either Secretary to report his or her recommendations as to what federally owned lands warrant such inclusion to the President. And (2) the President to advise the President of the Senate and the Speaker of the House of his recommendations with respect to the designation of any federally owned lands for inclusion as a Biosphere Reserve. Requires the Secretary of State to report annually to specified congressional committees on each Biosphere Reserve within the United States. Provides that any recommendation of the President for declaration of land as a national monument, inclusion of land on the World Heritage List, or inclusion of land as a Biosphere Reserve shall become effective only if so provided by an Act of Congress.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meat and Poultry Products Inspection
Amendments of 1994''.

SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION
              ACT.

    (a) Removal of Intrastate Distribution Limitation.--Section
301(a)(1) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(1)) is
amended by striking ``solely for distribution within such State''.
    (b) Use of State Inspectors.--Section 301(a) of such Act (21 U.S.C.
661(a)) is amended by adding at the end the following new paragraph:
            ``(5) In addition to appointing inspectors under section
        21, the Secretary may enter into an agreement with a State or
        the District of Columbia to utilize an officer or employee of
        the State or the District of Columbia to conduct any
        examination, investigation, or inspection authorized under this
        Act, if the Secretary determines that it is practicable for the
        examination, investigation, or inspection to be so
        conducted.''.
    (c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Section 301(c)(3) of such Act
(21 U.S.C. 661(c)(3)) is amended by striking ``, with respect to the
operations and transactions within such State which are regulated under
subparagraph (1), he'' and inserting ``with respect to each
establishment within the jurisdiction of the State that does not
operate under Federal inspection under title I and at which any cattle,
sheep, swine, goat, or equine is slaughtered, or the carcass of the
animal, or a part or product of the carcass of the animal, is prepared,
for use as human food, and with respect to the distribution of each
carcass, part of a carcass, meat, or meat food product of the animal
within the State, the Secretary''.
    (d) Expansion of State Inspection Authority.--Section 301 of such
Act (21 U.S.C. 661) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d)(1) Except as provided in paragraph (2), a carcass, part of a
carcass, meat, or meat food product of a cattle, sheep, swine, goat, or
equine prepared under State inspection in a State (other than a State
designated under subsection (c)) in compliance with the meat inspection
law of the State shall be eligible for sale or transportation in
interstate commerce, and for entry into and use in the preparation of a
product in an establishment at which Federal inspection is maintained
under title I, in the same manner and to the same extent as a product
prepared at the establishment.
    ``(2) A State-inspected article described in paragraph (1), and a
federally inspected article prepared (in whole or in part) from the
State-inspected article--
            ``(A) shall not be eligible for sale or transportation in
        foreign commerce; and
            ``(B) shall be separated at all times from all other
        federally inspected articles in a federally inspected
        establishment that engages in the preparation, sale, or
        transportation of carcasses, parts of carcasses, meat, or meat
        food products, for foreign commerce.
    ``(3) Each carcass, part of a carcass, meat, or meat food product
that is inspected in a program of inspection in a State (other than a
State designated under subsection (c)) pursuant to State law shall be
identified as so inspected only by an official mark that identifies the
State and is of such design as the State shall prescribe. A federally
inspected article prepared (in whole or in part) from the State-
inspected article shall be identified as so inspected only by the same
official mark as is prescribed by the Secretary for an article
slaughtered or prepared under title I.
    ``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only as of October 1 of any year. The transfer shall occur only if--
            ``(A) the operator provides written notice of the intention
        to transfer to both inspection agencies at least 180 days in
        advance of the date referred to in the preceding sentence; and
            ``(B) the Secretary determines that the transfer will
        effectuate the purposes set forth in section 2 and will not
        adversely affect the stability of the total State and Federal
        inspection systems.
    ``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner that would require Federal
inspection.
    ``(6) As used in this subsection, the term `interstate commerce'
means commerce between States or between a State and the District of
Columbia.''.
    (e) Prohibition on Additional or Different State Requirements.--
Section 408 of such Act (21 U.S.C. 678) is amended to read as follows:

``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.

    ``(a) Requirements Relating to Establishments.--
            ``(1) In general.--Except as provided in paragraph (2), a
        State or Territory or the District of Columbia may not impose a
        requirement within the scope of this Act with respect to the
        premises, facility, or operation of an establishment at which
        inspection is provided under title I that is in addition to, or
        different than, a requirement under this Act.
            ``(2) Recordkeeping requirements.--A State or Territory or
        the District of Columbia may impose a recordkeeping or other
        requirement within the scope of section 202, if the requirement
        is consistent with such section, with respect to an
        establishment.
    ``(b) Requirements Relating to Marking, Labeling, Packaging, and
Ingredients.--
            ``(1) In general.--Except as provided in paragraph (2), a
        State or Territory or the District of Columbia may not impose a
        marking, labeling, packaging, or ingredient requirement that is
        in addition to, or different than, a requirement under this Act
        with respect to an article prepared at an establishment under
        Federal inspection in accordance with title I or with respect
        to an article prepared for commerce at a State-inspected
        establishment in accordance with section 301(d).
            ``(2) Concurrent jurisdiction.--A State or territory or the
        District of Columbia may, consistent with this Act, exercise
        concurrent jurisdiction with the Secretary over an article
        distributed in commerce or otherwise subject to this Act, for
        the purpose of preventing the distribution for use as human
        food of an article that is not in compliance with this Act and
        is outside of a federally or State-inspected establishment, or
        in the case of an imported article, that is not at such an
        establishment, after the entry of the article into the United
        States.
    ``(c) Effect on Other Laws.--This Act shall not preclude a State or
Territory or the District of Columbia from imposing a requirement or
taking any other action, consistent with this Act, with respect to an
area regulated under this Act that is not referred to in this
section.''.

SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS
              INSPECTION ACT.

    (a) Removal of Intrastate Distribution Limitation.--Section 5(a)(1)
of the Poultry Products Inspection Act (21 U.S.C. 454(a)(1)) is amended
by striking ``solely for distribution within such State''.
    (b) Use of State Inspectors.--Section 5(a) of such Act (21 U.S.C.
454(a)) is amended by adding at the end the following new paragraph:
            ``(5) The Secretary may enter into an agreement with a
        State or the District of Columbia to utilize an officer or
        employee of the State or the District of Columbia to conduct
        any examination, investigation, or inspection authorized under
        this Act, if the Secretary determines that it is practicable
        for the examination, investigation, or inspection to be so
        conducted.''.
    (c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Section 5(c)(3) of such Act
(21 U.S.C. 454(c)(3)) is amended by striking ``, with respect to the
operations and transactions within such State which are regulated under
subparagraph (1) of this paragraph (c), he'' and inserting ``with
respect to each establishment within the jurisdiction of the State that
does not operate under Federal inspection under this Act and at which
any poultry is slaughtered, or any poultry product is processed, for
use as human food, and with respect to the distribution of each poultry
product within the State, the Secretary''.
    (d) Expansion of State Inspection Authority.--Section 5 of such Act
(21 U.S.C. 454) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d)(1) Except as provided in paragraph (2), a poultry product
processed under State inspection in a State (other than a State
designated under subsection (c)) in compliance with the poultry
products inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into and use in
the preparation of a product in an establishment at which Federal
inspection is maintained under this Act, in the same manner and to the
same extent as a poultry product processed at the establishment. A
poultry product that complies with the poultry product inspection laws
of the State (other than a State designated under subsection (c)) in
which the product was processed shall be considered to comply with this
Act.
    ``(2) A State-inspected poultry product described in paragraph (1),
and a federally inspected poultry product processed (in whole or in
part) from the State-inspected poultry product--
            ``(A) shall not be eligible for sale or transportation in
        foreign commerce; and
            ``(B) shall be separated at all times from all other
        federally inspected poultry products in a federally inspected
        establishment that engages in the processing, sale, or
        transportation of poultry products for foreign commerce.
    ``(3) A poultry product that is inspected in a program of
inspection in a State (other than a State designated under subsection
(c)) pursuant to State law shall be identified as so inspected only by
an official mark that identifies the State and is of such design as the
State shall prescribe. A federally inspected poultry product processed
(in whole or in part) from a State-inspected poultry product shall be
identified as so inspected only by the same official mark as is
prescribed by the Secretary for a poultry product processed under this
Act (other than this section or section 11).
    ``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only as of October 1 of any year. The transfer shall occur only if--
            ``(A) the operator provides written notice of the intention
        to transfer to both inspection agencies at least 180 days in
        advance of the date referred to in the preceding sentence; and
            ``(B) the Secretary determines that the transfer will
        effectuate the legislative policy set forth in section 3 and
        will not adversely affect the stability of the total Federal
        and State inspection systems.
    ``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner that would require Federal
inspection.
    ``(6) As used in this subsection, the term `interstate commerce'
means commerce between States or between a State and the District of
Columbia.''.
    (e) Prohibition on Additional or Different State Requirements.--
Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows:

``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.

    ``(a) Requirements Relating to Establishments.--
            ``(1) In general.--Except as provided in paragraph (2), a
        State or territory or the District of Columbia may not impose a
        requirement within the scope of this Act with respect to the
        premises, facility, or operation of an official establishment,
        that is in addition to, or different than, a requirement under
        this Act.
            ``(2) Recordkeeping requirements.--A State or territory or
        the District of Columbia may impose a recordkeeping or other
        requirement within the scope of section 11(b), if the
        requirement is consistent with such section, with respect to an
        establishment.
    ``(b) Requirements Relating to Marking, Labeling, Packaging, and
Ingredients.--
            ``(1) In general.--A State or territory or the District of
        Columbia may not impose--
                    ``(A) except as provided in paragraph (2), a
                marking, labeling, packaging, or ingredient requirement
                that is in addition to, or different than, a
                requirement under this Act with respect to an article
                prepared at an establishment under Federal inspection
                in accordance with this Act or with respect to an
                article prepared for commerce at a State-inspected
                establishment in accordance with section 5(d); or
                    ``(B) any other storage or handling requirement
                found by the Secretary to unduly interfere with the
                free flow of any poultry product in commerce.
            ``(2) Concurrent jurisdiction.--A State or territory or the
        District of Columbia may, consistent with this Act, exercise
        concurrent jurisdiction with the Secretary over an article
        distributed in commerce or otherwise subject to this Act, for
        the purpose of preventing the distribution for use as human
        food of any article that is not in compliance with this Act and
        is outside of a federally or State-inspected establishment, or
        in the case of an imported article, that is not at such an
        establishment, after the entry of the article into the United
        States.
    ``(c) Effect on Other Laws.--This Act shall not preclude a State or
territory or the District of Columbia from imposing a requirement or
taking any other action, consistent with this Act, with respect to an
area regulated under this Act that is not referred to in this
section.''.

Summary: Meat and Poultry Products Inspection Amendments of 1994 - Amends the Federal Meat Inspection Act to: (1) permit State inspected meat and meat products to be sold or transported in interstate commerce, (2) permit the Secretary of Agriculture to use State inspectors. (3) permit State inspected meat products to be used in the preparation of products processed in federally inspected facilities. And (4) prohibit the imposition of additional or different State facilities or marketing and labeling requirements than apply under such Act. Amends the Poultry Products Inspection Act to make similar amendments for poultry and poultry products.