SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Water Affordability Act of
2014''.

SEC. 2. INTEGRATED PERMITTING PROCESS.

    (a) In General.--Section 402(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the
following:
            ``(6) Integrated permits.--
                    ``(A) Definition of publicly owned permittee.--In
                this paragraph, the term `publicly owned permittee'
                means either--
                            ``(i) a treatment works (as defined in
                        section 212) that is publicly owned; or
                            ``(ii) a municipal separate storm sewer
                        system referred to in this section.
                    ``(B) Planning approach.--The Administrator shall
                establish a comprehensive and integrated planning
                approach to the obligations under this section of a
                publicly owned permittee--
                            ``(i) under which permit obligations may be
                        implemented according to a schedule that--
                                    ``(I) accounts for the financial
                                capability of the publicly owned
                                permittee;
                                    ``(II) prioritizes permit
                                obligations according to the most cost-
                                effective and environmentally
                                beneficial outcomes;
                                    ``(III) accounts for the
                                preexisting maintenance, operational,
                                and regulatory obligations of the
                                publicly owned permittee under this
                                section; and
                                    ``(IV) enables the publicly owned
                                permittee to implement innovative
                                approaches to meet those obligations;
                                and
                            ``(ii) that accounts for changed
                        circumstances in the obligations of the
                        publicly owned permittee, such as--
                                    ``(I) new innovative treatment
                                approaches;
                                    ``(II) new regulatory requirements;
                                and
                                    ``(III) changes in financial
                                capability.''.
    (b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting
before the semicolon at the end the following: ``, except that a permit
with a term of more than 5 years but not more than 25 years may be
approved if the permittee has an approved integrated plan established
under subsection (a)(6)''.

SEC. 3. UPDATING OF GUIDANCE.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Affordability.--The term ``affordability'' means, with
        respect to payment of a utility bill, a measure of whether an
        individual customer or household can pay the bill without undue
        hardship or unreasonable sacrifice in the essential lifestyle
        or spending patterns of the individual or household, as
        determined by the Administrator.
            (3) Financial capability.--The term ``financial
        capability'' means the financial capability of a community to
        make investments necessary to make water quality-related
        improvements, taking into consideration the criteria described
        in subsection (b)(2)(A).
            (4) Guidance.--The term ``guidance'' means the guidance
        published by the Administrator entitled ``Combined Sewer
        Overflows--Guidance for Financial Capability Assessment and
        Schedule Development'' and dated February 1997, as applicable
        to combined sewer overflows and sanitary sewer overflows.
    (b) Updating.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Administrator shall update the
        guidance to ensure that the evaluations by the Administrator of
        financial capability assessment and schedule development meet
        the criteria described in paragraph (2).
            (2) Criteria.--The criteria described in this paragraph are
        that, under the updated guidance--
                    (A) in assessing the financial capability of a
                community--
                            (i) greater emphasis should be placed on
                        local economic conditions;
                            (ii) for regional systems, consideration
                        should be given to the economic conditions of
                        political jurisdictions and significant
                        demographic groups within each region;
                            (iii) prescriptive formulas for use in
                        calculating financial capability and thresholds
                        for expenditure should not be considered to be
                        the only indicator of the financial capability
                        of a community;
                            (iv) site-specific local conditions should
                        be taken into consideration in analyzing
                        financial capability;
                            (v) a single measure of financial
                        capability or affordability (such as median
                        household income) should be viewed in the
                        context of other economic measures, rather than
                        as a threshold to be achieved; and
                            (vi)(I) consideration should be given to
                        the economic outlook of a community, including
                        the potential impact of program requirements
                        over time, in the development of implementation
                        schedules; and
                            (II) the assessment should take into
                        consideration other essential community
                        investments relating to water quality
                        improvements;
                    (B) with respect to the timing of implementation of
                water quality-related improvements--
                            (i) environmental improvement
                        implementation schedules should be structured
                        to mitigate the potential adverse impact on
                        distressed populations resulting from the costs
                        of the improvements;
                            (ii) implementation schedules should
                        reflect local community financial conditions
                        and economic impacts;
                            (iii) implementation schedules should allow
                        permittees up to 30 years to implement water
                        quality-related improvements in appropriate
                        cases in which the cost of implementing the
                        improvements places a high financial burden on
                        the permittee; and
                            (iv) existing implementation schedules
                        should be modified in appropriate cases taking
                        into consideration the criteria set forth in
                        this subparagraph;
                    (C) with respect to implementation--
                            (i) a determination of local financial
                        capability may be achieved through an
                        evaluation of an array of factors the relative
                        importance of which may vary across regions and
                        localities; and
                            (ii) an appropriate methodology should give
                        consideration to such various factors as are
                        appropriate to recognize the prevailing and
                        projected economic concerns in a community; and
                    (D) the residential indicator should be revised to
                include--
                            (i) a consideration of costs imposed upon
                        ratepayers for essential utilities;
                            (ii) increased consideration and
                        quantification of local community-imposed costs
                        in regional systems;
                            (iii) a mechanism to assess impacts on
                        communities with disparate economic conditions
                        throughout the entire service area of a
                        utility;
                            (iv) a consideration of the industrial and
                        population trends of a community;
                            (v) recognition that--
                                    (I) the median household income of
                                a service area reflects a numerical
                                median rather than the distribution of
                                incomes within the service area; and
                                    (II) more representative methods of
                                determining affordability, such as
                                shelter costs, essential utility
                                payments, State affordability criteria,
                                and State and local tax efforts, should
                                be considered;
                            (vi) a consideration of low-income
                        ratepayer percentages; and
                            (vii) impacts relating to program delivery,
                        such as water quality infrastructure market
                        saturation and program management.
            (3) Implementation.--The updated guidance should indicate
        that, in a case in which a previously approved long-term
        control plan or associated enforceable agreement does not
        prohibit modification of the plan or terms of the agreement
        (including financial capability considerations), and all
        parties are in agreement that a change is needed or that the
        plan or agreement does not prohibit reopening to address
        changes in the economic or financial status of the community
        since the effective date of the plan or agreement,
        reconsideration and modification of financial capability
        determinations and implementation schedules based on the
        criteria described in paragraph (2) is appropriate.
            (4) Applicability.--The Administrator shall apply the
        updated guidance, including the criteria described in paragraph
        (2), to each determination and analysis of affordability,
        financial capability, or widespread and substantial economic
        impact related to implementation of a program under the Federal
        Water Pollution Control Act (33 U.S.C. 1251 et seq.).
    (c) Publication and Submission.--Upon completion of the updating of
guidance under subsection (b), the Administrator shall publish in the
Federal Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the updated guidance.

SEC. 4. CAPITALIZATION GRANT AGREEMENTS.

    Section 602(b) of the Federal Water Pollution Control Act (33
U.S.C. 1382(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) the State will use at least 15 percent of the amount
        of each capitalization grant received by the State under this
        title after September 30, 2015, to provide assistance to
        municipalities of fewer than 10,000 individuals that meet the
        affordability criteria established by the State under section
        603(i)(2) for activities included on the State's priority list
        established under section 603(g), to the extent that there are
        sufficient applications for such assistance.''.

SEC. 5. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) Extended Repayment Period.--Section 603(d)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--
            (1) in subparagraph (A) by striking ``20 years'' and
        inserting ``the lesser of 30 years or the design life of the
        project to be financed with the proceeds of the loan''; and
            (2) in subparagraph (B) by striking ``not later than 20
        years after project completion'' and inserting ``upon the
        expiration of the term of the loan''.
    (b) Additional Subsidization.--Section 603 of such Act (33 U.S.C.
1383) is amended by adding at the end the following:
    ``(i) Additional Subsidization.--
            ``(1) In general.--In any case in which a State provides
        assistance to a municipality or intermunicipal, interstate, or
        State agency under subsection (d), the State may provide
        additional subsidization, including forgiveness of principal,
        negative interest loans, and grants to benefit a municipality
        that--
                    ``(A) meets the State's affordability criteria
                established under paragraph (2); or
                    ``(B) does not meet the State's affordability
                criteria if the recipient--
                            ``(i) seeks additional subsidization to
                        benefit individual ratepayers in the
                        residential user rate class; and
                            ``(ii) demonstrates to the State that such
                        ratepayers will experience a significant
                        hardship from the increase in rates necessary
                        to finance the project or activity for which
                        assistance is sought.
            ``(2) Affordability criteria.--
                    ``(A) Establishment.--On or before September 30,
                2015, and after providing notice and an opportunity for
                public comment, a State shall establish affordability
                criteria to assist in identifying municipalities that
                would experience a significant hardship raising the
                revenue necessary to finance a project or activity
                eligible for assistance under section 603(c)(1) if
                additional subsidization is not provided. Such criteria
                shall be based on income data, population trends, and
                other data determined relevant by the State, including
                whether the project or activity is to be carried out in
                an economically distressed area, as described in
                section 301 of the Public Works and Economic
                Development Act of 1965 (42 U.S.C. 3161).
                    ``(B) Existing criteria.--If a State has previously
                established, after providing notice and an opportunity
                for public comment, affordability criteria that meet
                the requirements of subparagraph (A), the State may use
                the criteria for the purposes of this subsection. For
                purposes of this Act, any such criteria shall be
                treated as affordability criteria established under
                this paragraph.
                    ``(C) Information to assist states.--The
                Administrator may publish information to assist States
                in establishing affordability criteria under
                subparagraph (A).
            ``(3) Use of capitalization grants.--A State shall use not
        less than 20 percent but not more than 30 percent of the amount
        of the capitalization grants received by the State under this
        title in fiscal years beginning after September 30, 2015, to
        provide additional subsidization to eligible recipients under
        paragraph (1).''.

Summary: Clean Water Affordability Act of 2014 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a comprehensive and integrated planning approach to the obligations concerning permits for pollutant discharges of a publicly owned permittee. Defines such a permittee as a treatment works that is publicly owned or a municipal separate storm sewer system. Requires the approach to such obligations to: (1) include requirements for a schedule under which they may be implemented, and (2) account for changed circumstances in the obligations of the publicly owned permittee. Allows approval of a permit under a state-administered program with a term of more than 5 but no more than 25 years if the permittee has an integrated plan approved under this Act. Requires the Administrator to update the guidance entitled quot. Combined Sewer Overflows Guidance for Financial Capability Assessment and Schedule Development,quot. Dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in: (1) assessing financial capability of a community to make investments necessary to make water quality-related improvements, and (2) implementing water quality-related improvements. Revises requirements for capitalization grant agreements with states for establishing water pollution control revolving funds. Requires states to set aside 15 of funds for assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria. Authorizes the fund to be used to make loans at terms not to exceed 30 years or the design life of the project to be financed with the proceeds of the loan . Authorizes a state to provide additional subsidization, including forgiveness of principal, negative interest loans, and grants to benefit a municipality that: (1) meets affordability criteria, or (2) does not meet such criteria if the recipient seeks the additional subsidization to benefit ratepayers that will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. Establishes affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance.

Clean Water Affordability Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing America's Facilities,
Equipment and Rail: Taking Responsibility for American National
Security In Transit Act'' or the ``SAFER TRANSIT Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Nationwide, Americans rely on 6,800 public
        transportation systems for their daily commute. Every weekday,
        public transportation riders take 35,000,000 trips. Public
        transportation significantly improves quality of life, saving
        Americans who live in areas served by public transportation
        systems nearly 865,000,000 hours in travel time annually.
            (2) Increasingly, public transportation is becoming a
        target of terrorist activity.
            (3) In 2004, terrorists simultaneously detonated explosives
        concealed inside backpacks on Madrid's commuter train system,
        killing 191 and injuring nearly 2000.
            (4) In 2005, four suicide bombers attacked London's public
        transportation system, killing 52.
            (5) In 2011, authorities discovered an improvised
        explosives device near Amtrak and commuter train tracks. The
        same year, German police found multiple firebombs alongside
        high-speed rail tracks and in tunnels leading into train
        stations.
            (6) On March 22, 2016, a coordinated terrorist attack
        targeted both the Brussels Airport and a metro station in the
        city killing 32 and injuring nearly 300 travelers.
            (7) According to the Global Terrorism Database, there were
        57 terror attacks on transportation from 2006 to 2014.
            (8) To ensure the continued effectiveness of public
        transportation, the Federal Government must balance transit
        system security and accessibility.
            (9) The Implementing Recommendations of the 9/11 Commission
        Act of 2007 (Public Law 110-53), conferred to the Department of
        Homeland Security the responsibility for assuring public
        transportation security.
            (10) A May 2016 report by the Inspector General of the
        Department of Homeland Security found that the Transportation
        Security Administration has limited regulatory oversight of
        Amtrak's passenger security.
            (11) A May 2016 report by the Government Accountability
        Office recommended that the Federal Air Marshal Service
        undertake a number of measures to ensure resources are
        allocated according to risk assessments.
            (12) Congress must provide the agencies and municipalities
        with the necessary resources to combat terrorism, and continue
        to conduct oversight of their effective use.

SEC. 3. RAIL SECURITY.

    Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security, in coordination with the Office of
Management and Budget, shall submit to Congress a report on the plan of
the Secretary to expedite the implementation of the requirements of
subtitle B of title XV of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to--
            (1) assign rail carriers to high-risk tiers; and
            (2) establish a rail security training program.

SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.

    (a) Authorization of Appropriations.--Section 1303(b) of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is
amended by striking ``fiscal years 2016 through 2018'' and inserting
``fiscal years 2016 through 2020''.
    (b) Surface Transportation Security Inspectors.--Section 1304(j) of
the Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this
section'' and all that follows and inserting ``this section such sums
as may be necessary for each of fiscal years 2016 through 2020.''.

SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT.

    Section 1409(h) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by
striking ``to make grants'' and all that follows and inserting ``to
carry out this section such sums as may be necessary for each of fiscal
years 2016 through 2020.''.

SEC. 6. RAILROAD SECURITY.

    Section 1513(i)(1) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by
striking ``Out of funds'' and all that follows and inserting: ``There
are authorized to be appropriated to the Secretary to carry out this
section such sums as may be necessary for each of fiscal years 2016
through 2020.''.

SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    Section 1532(k)(1) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by
striking ``From amounts'' and all that follows and inserting ``There
are authorized to be appropriated to the Secretary to carry out this
section such sums as may be necessary for each of fiscal years 2016
through 2020.''.

SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM.

    (a) In General.--The Secretary of Homeland Security shall develop a
program, to be known as the ``Local Transit Security Instructor
Training Program'', which shall be carried out at the Federal Law
Enforcement Training Centers.
    (b) Contents.--The program developed under subsection (a) shall be
an intensive training program designed to--
            (1) cover the comprehensive tactical subject matters
        pertaining to the unique nature of public transit operational
        environments and threats;
            (2) provide high-quality training and instill the
        knowledge, skills, and aptitudes needed for the highest
        proficiency in transit security; and
            (3) leverage the existing skills of trainee officers by
        emphasizing leadership, teach backs, and adult learning as well
        as the traditional technical skills needed by field training
        officers.
    (c) Availability.--The Secretary shall make such program available
to law enforcement agencies that are eligible for the Homeland Security
Grant Program under section 2002 of the Homeland Security Act of 2002
(6 U.S.C. 603) and have jurisdiction over a geographic area where a
public transit system operates rail or bus service.

SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM.

    The Secretary of Homeland Security shall take such steps as may be
necessary to ensure that the Federal Air Marshal Service (hereinafter
in this section referred to as the ``FAMS'') uses its resources to
cover the highest-risk flights. In carrying out this section, the
Secretary shall--
            (1) consider risk when determining how to divide the
        international flight coverage resources of the FAMS among
        international destinations, incorporate risk into the method of
        the FAMS for initially setting its annual target numbers of
        average daily international and domestic flights;
            (2) conduct and document a risk assessment to further
        support the domestic resource allocation decisions of the FAMS,
        including the identification of high-priority geographic areas;
            (3) in conducting such risk assessment, evaluate the threat
        environment with regard to each of the different modes of
        transportation supported by the FAMS to inform resource
        allocation decisions, including the identification of high-
        priority modes of transportation;
            (4) document the rationale for the selection of
        international destinations by FAMS for air marshal deployment
        and the proportion of flights to cover at each destination;
            (5) adopt a consistent name and definition for the
        performance measure referred to as the TSA coverage score that
        accurately reflects its calculation method and composite
        nature; and
            (6) report the performance results for each of the
        subcategories that comprise the TSA coverage score to FAMS and
        TSA leadership.

SEC. 10. CBRNE DETECTORS ABOARD PUBLIC TRANSPORTATION.

    The Secretary of Homeland Security shall direct the Directorate of
Science and Technology of the Department of Homeland Security to
prioritize research of scalable, cost-effective technology solutions to
detect chemical, biological, radiological, nuclear, and explosive
threats aboard public transportation of all modes that are capable
continuous, real-time sensing and detection of, and alerting passengers
and operating personnel to the presence of such a threat.

Summary: Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 911 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. Thenbsp, Department of Homeland Security (DHS)nbsp. Must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights. DHS shall direct the Directorate of Science and Technology to prioritize research of scalable, cost-effective technology solutions to detect chemical, biological, radiological, nuclear, and explosive threats abroad public transportation that are capable of continuous, real-time detecting of, and alerting passengers and operating personnel to, such threats.

Securing America’s Facilities, Equipment and Rail: Taking Responsibility for American National Security In Transit Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tony Dean Cheyenne River Valley
Conservation Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (2) State.--The term ``State'' means the State of South
        Dakota.
            (3) Wilderness area.--The term ``wilderness area'' means
        any of the areas designated as components of the National
        Wilderness Preservation System by section 3(a).

SEC. 3. WILDERNESS AREAS.

    (a)  Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
            (1) The approximately 27,500 acres of land, as generally
        depicted on the map entitled ``Indian Creek East and Indian
        Creek West'', which shall be known as the ``Indian Creek
        Wilderness''.
            (2) The approximately 16,007 acres of land, as generally
        depicted on the map entitled ``Red Shirt and Red Shirt East'',
        which shall be known as the ``Red Shirt Wilderness''.
            (3) The approximately 4,518 acres of land, as generally
        depicted on the map entitled ``Chalk Hills'', which shall be
        known as the ``Chalk Hills Wilderness''.
    (b) Maps and Legal Description.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the Secretary shall submit to the
        Committee on Energy and Natural Resources of the Senate and the
        Committee on Natural Resources of the House of Representatives
        a map and legal description for each wilderness area.
            (2) Effect.--Each map and legal description submitted under
        paragraph (1) shall have the same force and effect as if
        included in this Act, except that the Secretary may correct
        minor errors in the map or legal description.
            (3) Availability.--Each map and legal description submitted
        under paragraph (1) shall be available in the Office of the
        Chief of the Forest Service.
    (c) Administration.--
            (1) In general.--Subject to valid existing rights, the
        wilderness areas shall be administered by the Secretary in
        accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
        except that any reference in that Act to the effective date
        shall be considered to be a reference to the date of enactment
        of this Act.
            (2) Withdrawal.--Subject to valid existing rights, the
        wilderness areas are withdrawn from all forms of--
                    (A) entry, appropriation, or disposal under the
                public land laws;
                    (B) location, entry, and patent under the mining
                laws; and
                    (C) disposition under the mineral leasing, mineral
                materials, and geothermal leasing laws.
            (3) Continuation of livestock grazing.--In the wilderness
        areas, the grazing of livestock and the maintenance of existing
        facilities related to grazing in areas in which grazing is
        established as of the date of enactment of this Act shall be
        allowed to continue, consistent with--
                    (A) section 4(d)(4) of the Wilderness Act (16
                U.S.C. 1133(d)(4)); and
                    (B) the guidelines set forth in House Report 96-617
                to accompany H.R. 5487 of the 96th Congress.
            (4) Fish and wildlife management.--
                    (A) State jurisdiction.--In accordance with section
                4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
                nothing in this Act affects or diminishes the
                jurisdiction of the State with respect to fish and
                wildlife management in the wilderness areas (including
                the regulation of hunting, fishing, and trapping).
                    (B) Management activities.--In furtherance of the
                purposes and principles of the Wilderness Act (16
                U.S.C. 1131 et seq.), management activities to maintain
                or restore fish and wildlife populations and the
                habitats to support those populations may be carried
                out within the wilderness areas in accordance with
                relevant wilderness management plans and appropriate
                policies (such as those described in Appendix B of
                House Report 101-405 of the 101st Congress), including
                the occasional and temporary use of motorized vehicles,
                if the Secretary determines that the activities would--
                            (i) promote healthy, viable, and more
                        naturally distributed wildlife populations; and
                            (ii) using the minimum tool necessary,
                        enhance wilderness values.
            (5) Fire, insects, invasive species, and diseases
        management activities.--The Secretary may undertake such
        measures as are necessary to control and prevent fire, insects,
        invasive species, and diseases, in accordance with section
        4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including
        the coordination of those activities with a State or local
        agency.
            (6) Military activities.--Nothing in this Act precludes--
                    (A) low-level overflights of military aircraft over
                the wilderness areas;
                    (B) the designation of new units of special
                airspace over the wilderness areas; or
                    (C) the use or establishment of military flight
                training routes over the wilderness areas.
            (7) Native american uses and interests.--Nothing in this
        Act diminishes the rights of Indian tribes with respect to
        access to Federal land for tribal activities (including
        spiritual, cultural, and traditional food-gathering
        activities).
            (8) Access to property.--The Secretary shall provide any
        owner of private property within the boundary of a wilderness
        area, including the State, adequate access to the private
        property.
            (9) Acquisition of land and interests in land.--
                    (A) In general.--Consistent with applicable law,
                the Secretary may acquire from willing sellers land or
                interests in land within the boundaries of the
                wilderness areas by purchase, donation, or exchange.
                    (B) Incorporation of acquired land.--Any land or
                interest in land within a wilderness area that is
                acquired by the United States shall be added to, and
                administered as part of, the applicable wilderness
                area.
            (10) Adjacent management.--
                    (A) No protective perimeters or buffer zones.--
                Congress does not intend for the designation of a
                wilderness area to result in the creation of protective
                perimeters or buffer zones around any of the wilderness
                areas.
                    (B) Nonwilderness activities.--The fact that
                nonwilderness activities or uses outside of a
                wilderness area can be seen or heard from inside of the
                wilderness area shall not preclude the conduct of the
                nonwilderness activities or uses outside the boundaries
                of the wilderness area.

SEC. 4. PRAIRIE DOGS.

    Nothing in this Act enhances or diminishes the existing authority
of the Secretary and the Secretary of the Interior to manage prairie
dog populations and habitats on public land.

Summary: Tony Dean Cheyenne River Valley Conservation Act of 2010 - Designates specified lands in South Dakota as wilderness areas and as components of the National Wilderness Preservation System. Sets forth requirements for the administration of the wilderness areas, including with respect to military overflight activities, fish and wildlife management, access to private property, US acquisition of lands and interests, protective perimeters and buffer zones, and nonwilderness activities and uses outside of the wilderness areas. Withdraws such areas from specified public land laws, mining laws, and mineral leasing, mineral materials, and geothermal leasing laws. Permits livestock grazing and the maintenance of related facilities to continue in the wilderness areas in which grazing is established. Authorizes the Secretary of Agriculture (USDA) to undertake necessary measures for the control and prevention of fire, insects, invasive species, and diseases. Prohibits anything in this Act from: (1) diminishing the rights of Indian tribes to access federal land for tribal activities. Or (2) enhancing or diminishing the authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats.

A bill to designate certain wilderness areas in the National Forest System in the State of South Dakota.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Genetic Fairness Act of 1996''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Family member.--The term ``family member'' means, with
        respect to an individual, another individual related by blood
        to that individual or a spouse or adopted child of the
        individual.
            (2) Genetic information.--The term ``genetic information''
        means the information about genes, gene products or inherited
        characteristics that may be derived from an individual or a
        family member.
            (3) Genetic services.--The term ``genetic services'' means
        health services provided to obtain, assess, and interpret
        genetic information for diagnostic and therapeutic purposes,
        and for genetic education and counseling.
            (4) Genetic test.--The term ``genetic test'' means a
        procedure that is generally accepted in the scientific and
        medical communities and that is performed for the purposes of
        identifying the presence, absence, or alternation of any gene
        or chromosome.
            (5) Health plan.--The term ``health plan'' means--
                    (A) a group health plan (as such term is defined in
                section 607 of the Employee Retirement Income Security
                Act of 1974 (29 U.S.C. 1167)), and a multiple employer
                welfare arrangement (as defined in section 3(40) of
                such Act) that provides health insurance coverage; or
                    (B) any contractual arrangement for the provision
                of a payment for health care, including any health
                insurance arrangement or any arrangement consisting of
                a hospital or medical expense incurred policy or
                certificate, hospital or medical service plan contract,
                or health maintenance organization subscriber contract.
            (6) Insurer.--The term ``insurer'' means--
                    (A) an insurance company, health care service
                contractor, fraternal benefit organization, insurance
                agent, third party administrator, insurance support
                organization or other person subject to regulation
                under State health insurance laws;
                    (B) a managed care organization; or
                    (C) an employee welfare benefit plan regulated
                under the Employee Retirement Income Security Act of
                1974 (29 U.S.C. 1001 et seq.).
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. PROHIBITIONS.

    (a) Genetic Information.--An insurer offering a health plan may
not--
            (1) terminate, restrict, limit, or otherwise apply
        conditions to coverage of an individual or family member under
        the plan, or restrict the sale of the plan to an individual or
        family member;
            (2) cancel or refuse to renew the coverage of an individual
        or family member under the plan;
            (3) deny coverage or exclude an individual or family member
        from coverage under the plan;
            (4) impose a rider that excludes coverage for certain
        benefits and services under the plan;
            (5) establish differentials in premium rates or cost
        sharing for coverage under the plan; or
            (6) otherwise discriminate against an individual or family
        member in the provision of health care;
on the basis of any genetic information concerning an individual or
family member or on the basis of an individual's or family member's
request for or receipt of genetic services.
    (b) Genetic Tests.--An insurer offering a health plan may not
require an applicant for coverage under the plan, or an individual or
family member who is presently covered under the plan, to be the
subject of a genetic test or to be subjected to questions relating to
genetic information.
    (c) Notice of Rights.--An insurer offering a health plan shall, in
the enrollment information provided by the insurer concerning such
plan, provide an enrollee with a written statement disclosing the
rights of the enrollee under this Act. Such statement shall be in a
form and manner that is noticeable to and understandable by an average
enrollee.
    (d) Enforcement.--
            (1)  Plans other than employee welfare benefit plans.--The
        requirements established under subsections (a), (b), and (c)
        shall be enforced by the State insurance commissioner for the
        State involved or the official or officials designated by the
        State, except that in no case shall a State enforce such
        requirements as they relate to employee welfare benefit plans.
            (2) Employee welfare benefit plans.--With respect to
        employee welfare benefit plans, the Secretary shall enforce the
        requirements established under subsections (a), (b), and (c) in
        the same manner as provided for under sections 502, 504, 506,
        and 510 of the Employee Retirement Income Security Act of 1974
        (29 U.S.C. 1132, 1134, 1136, and 1140).
            (3) Private right of action.--A person may, after that
        person has exhausted all available administrative remedies,
        bring a civil action--
                    (A) to enjoin any act or practice which violates
                subsection (a), (b), or (c);
                    (B) to obtain other appropriate equitable relief--
                            (i) to redress such violations; or
                            (ii) to require the Secretary of Health and
                        Human Services to enforce any such subsections,
                        or
                    (C) to obtain other legal relief, including
                monetary damages.
            (4) Jurisdiction.--State courts of competent jurisdiction
        and district courts of the United States have concurrent
        jurisdiction of actions under this subsection. The district
        courts of the United States shall have jurisdiction, without
        respect to the amount in controversy or the citizenship of the
        parties, to grant the relief provided for in paragraph (3) in
        any action.
            (5) Venue.--For purposes of this subsection the venue
        provisions of section 1391 of title 28, United States Code,
        shall apply.
            (6) Regulations.--The Secretary may promulgate such
        regulations as may be necessary or appropriate to carry out
        this section.

SEC. 4. EFFECTIVE DATE.

    This Act shall apply to any health plan offered or renewed on or
after the end of the 90-day period beginning on the date of the
enactment of this Act.

Summary: Genetic Fairness Act of 1996 - Prohibits an insurer offering a health plan from: (1) discriminating against an individual or family member on the basis of genetic information or on the basis of an individual's or family member's request for or receipt of genetic services. Or (2) requiring a genetic test or questions relating to genetic information. Requires insurers to disclose enrollee rights. Provides for enforcement by State insurance commissioners, the Secretary of Health and Human Services, and private actions.

Genetic Fairness Act of 1996


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Primary Care Physician Reentry
Act''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) According to the Association of American Medical
        Colleges--
                    (A) the shortage of primary care physicians will
                reach 45,000 by the year 2020, as fewer than 20 percent
                of medical students choose to enter primary care
                medicine; and
                    (B) the overall shortage of physicians in the
                United States is expected to surpass 130,000 by 2025.
            (2) Medical schools in the United States train only
        approximately 16,000 new physicians every year.
            (3) The Department of Health and Human Services estimates
        that the United States needs at least 16,000 more primary care
        physicians.
            (4) According to a survey of 1,600 pediatricians over the
        age of 50 conducted by the Association of American Medical
        Colleges and the American Academy of Pediatrics, 22 percent of
        female pediatricians took extended leave (6 months or more)
        from medicine, compared to only 6.5 percent of male
        pediatricians. Seventy-one percent of the female pediatricians
        who took extended leave did so to care for a child or family
        member.

SEC. 3. REENTRY PROGRAM FOR PHYSICIANS.

    (a) Activities of the Secretary.--
            (1) Establishment of demonstration program.--The Secretary
        of Health and Human Services (referred to in this section as
        the ``Secretary'') shall establish a demonstration program to
        assist the development of innovative programs that facilitate
        physician reentry into clinical practice to provide primary
        health services. Under such demonstration program, the
        Secretary shall--
                    (A) award one grant, on a competitive basis, to an
                eligible entity described in subsection (b) in each of
                the 10 regions served by a regional office of the
                Department of Health and Human Services to carry out
                physician reentry projects to assist reentering
                physicians participating in such projects through any
                of the activities described in subsection (d); and
                    (B) in consultation with key stakeholders and
                subject to paragraph (2)(B), carry out the
                administrative activities described in paragraph
                (2)(A).
            (2) Administrative activities.--
                    (A) In general.--For purposes of paragraph (1)(B),
                the administrative activities described in this
                subparagraph are the following:
                            (i) Conduct a national needs assessment
                        with regard to the supply of physicians who
                        provide primary health services, using, to the
                        extent feasible, information collected for use
                        in other similar completed or forthcoming
                        studies, such as studies conducted by the
                        Agency for Healthcare Research and Quality and
                        the Health Resources and Services
                        Administration.
                            (ii) Develop a database that contains a
                        directory of programs that help physicians
                        reenter clinical practice.
                            (iii) Disseminate evidence-based
                        assessments and evaluation tools as such
                        assessments and tools become available to
                        measure the basic core competencies of
                        physicians reentering clinical practice that
                        are consistent with the guidelines published by
                        the Federation of State Medical Boards for such
                        physicians.
                            (iv) Assist State regulatory authorities
                        and hospital credentialing committees to
                        structure requirements for physicians to return
                        to clinical practice in a manner that ensures
                        patient safety while addressing the burdens on
                        such reentering physicians.
                    (B) Limitation.--The Secretary shall use not more
                than 15 percent of the funds appropriated to carry out
                this section to carry out the activities described in
                subparagraph (A).
    (b) Eligible Entities.--Entities eligible to receive a grant under
this section are the following:
            (1) A State.
            (2) A hospital.
            (3) An academic medical center.
            (4) A medical school.
            (5) A health center (as defined in section 330(a) of the
        Public Health Service Act (42 U.S.C. 254b(a))).
            (6) A teaching health center.
            (7) A non-profit organization with a demonstrated history
        or expertise in providing physician education and with the
        ability to offer programs specifically targeted at reentering
        physicians.
    (c) Application.--In order to receive a grant under this section,
an eligible entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require.
    (d) Uses of Funds.--An eligible entity that receives funds under
this section shall use such funds to carry out a physician reentry
project to assist reentering physicians participating in the project
through any of the following activities:
            (1) Training such reentering physicians to reenter clinical
        practice.
            (2) Paying credentialing fees and other fees that are
        necessary for such reentering physicians to reenter clinical
        practice.
            (3) Paying the salaries of such reentering physicians who
        are so eligible to reenter clinical practice during the period
        for which such physicians provide primary health services at a
        center described in subsection (e)(1).
            (4) Providing loan repayment assistance and other financial
        assistance, including scholarships and grants for education and
        training, to such reentering physicians.
    (e) Requirements of Reentry Physicians To Participate in
Projects.--To be eligible to participate in a physician reentry project
carried out by an eligible entity under this section, a reentering
physician shall provide assurances satisfactory to the Secretary that
the physician will comply with the following:
            (1) Service locations.--The reentering physician shall
        provide primary health services at--
                    (A) a health center (as defined in section 330(a)
                of the Public Health Service Act (42 U.S.C. 254b(a)));
                    (B) a Veterans Administration Medical Center if the
                Secretary of Veterans Affairs certifies that there is a
                shortage of physicians at such medical center; or
                    (C) a school-based health center (as defined in
                section 2110(c)(9) of the Social Security Act (42
                U.S.C. 1397jj(c)(9))).
            (2) Length of service.--The reentering physician shall
        provide such services at such a center, consistent with
        paragraph (1), for not less than 2 years.
    (f) Liability Protections.--For purposes of section 224 of the
Public Health Service Act (42 U.S.C. 233), a reentering physician
participating in a physician reentry project under this section shall
be deemed to be an employee of the Public Health Service working within
the scope of such employment with respect to primary health services
provided by such reentering physician at a center described in
subsection (e)(1) under the terms of such participation in such
project. The remedy against the United States for a physician described
in paragraph (2) who is deemed to be an employee of the Public Health
Service pursuant to the previous sentence shall be exclusive of any
other civil action or proceeding to the same extent as the remedy
against the United States is exclusive pursuant to subsection (a) of
such section.
    (g) Annual Review and Report.--For any year during which the
demonstration program under this section is carried out, the Secretary
shall conduct a review and comprehensive evaluation of such program and
shall prepare and submit to Congress a report assessing such program,
including an assessment of the performance of the reentering physicians
who participate in physician reentry projects under such program.
    (h) Reentering Physicians.--
            (1) Definition.--Subject to paragraph (2), for purposes of
        this section, the term ``reentering physician'' means an
        individual--
                    (A) who is a doctor of medicine;
                    (B) who received training in primary care or
                primary health services, including family medicine,
                internal medicine, pediatrics, obstetrics and
                gynecology, dentistry, and mental health.
                    (C) who was previously (and may currently be)
                legally authorized to practice medicine and surgery by
                a State;
                    (D) who previously engaged in the clinical practice
                of medicine, but who is not currently engaged in the
                clinical practice of medicine and has not been engaged
                in such practice for a period of 2 years or such longer
                period determined to be sufficient by the Secretary;
                and
                    (E) who provides assurances satisfactory to the
                Secretary and the respective State licensing board that
                the individual will return to clinical practice in the
                discipline in which such individual was trained or
                certified, including, if applicable, by regaining
                necessary training and certification for legal
                authorization to practice medicine and surgery by a
                State.
            (2) Exclusions.--For purposes of this section, the term
        ``reentering physician'' does not include an individual if--
                    (A) such individual has failed to complete an
                obligation to provide health care services under a
                Federal, State, or local program (including any period
                of obligated service under subpart III of part D of
                title III of the Public Health Service Act (42 U.S.C.
                254l et seq.));
                    (B) a final adverse action regarding such
                individual has been reported to the data collection
                program under section 1128E of the Social Security Act
                (42 U.S.C. 1320a-7e); or
                    (C) the individual has a debt due to the United
                States.
    (i) Primary Health Services Defined.--For purposes of this section,
the term ``primary health services'' has the meaning given such term in
section 331(a)(3) of the Public Health Service Act (42 U.S.C.
254d(a)(3)).
    (j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2015.

Summary: Primary Care Physician Reentry Act - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program to facilitate physician reentry into primary care clinical practice in exchange for the physician providing primary care at an eligible health center for at least two years. Requires the Secretary to award one grant to an entity in each of the 10 administrative regions of HHS to carry out physician reentry projects. Directs grantees to assist reentering physicians by providing training, paying credentialing and other necessary fees, paying salaries, and providing loan repayment and other financial assistance. Requires the Secretary to: (1) assess the need for additional primary care physicians, (2) develop a directory of programs that help physicians reenter clinical practice, (3) disseminate evaluation tools to measure the core competencies of physicians reentering clinical practice, and (4) assist regulatory and credentialing authorities to structure requirements for reentering physicians that ensure patient safety while addressing the burdens on those physicians. Limits civil liability for physicians participating in a reentry project.

Primary Care Physician Reentry Act


SECTION 1. RESTORATION OF TANF EMERGENCY CONTINGENCY FUND.

    (a) In General.--Section 403 of the Social Security Act (42 U.S.C.
603) is amended by adding at the end the following:
    ``(c) Emergency Fund.--
            ``(1) Establishment.--There is established in the Treasury
        of the United States a fund which shall be known as the
        `Emergency Contingency Fund for State Temporary Assistance for
        Needy Families Programs' (in this subsection referred to as the
        `Emergency Fund').
            ``(2) Deposits into fund.--
                    ``(A) In general.--Out of any money in the Treasury
                of the United States not otherwise appropriated, there
                are appropriated for fiscal year 2012, $10,000,000,000
                for payment to the Emergency Fund.
                    ``(B) Availability and use of funds.--The amounts
                appropriated to the Emergency Fund under subparagraph
                (A) shall remain available through fiscal year 2013 and
                shall be used to make grants to States in each of
                fiscal years 2012 and 2013 in accordance with the
                requirements of paragraph (3).
                    ``(C) Limitation.--In no case may the Secretary
                make a grant from the Emergency Fund for a fiscal year
                after fiscal year 2013.
            ``(3) Grants.--
                    ``(A) Grant related to caseload increases.--
                            ``(i) In general.--For each calendar
                        quarter in fiscal year 2012 or 2013, the
                        Secretary shall make a grant from the Emergency
                        Fund to each State that--
                                    ``(I) requests a grant under this
                                subparagraph for the quarter; and
                                    ``(II) meets the requirement of
                                clause (ii) for the quarter.
                            ``(ii) Caseload increase requirement.--A
                        State meets the requirement of this clause for
                        a quarter if the average monthly assistance
                        caseload of the State for the quarter exceeds
                        the average monthly assistance caseload of the
                        State for the corresponding quarter in the
                        emergency fund base year of the State.
                            ``(iii) Amount of grant.--Subject to
                        paragraph (5), the amount of the grant to be
                        made to a State under this subparagraph for a
                        quarter shall be an amount equal to 80 percent
                        of the amount (if any) by which the total
                        expenditures of the State for basic assistance
                        (as defined by the Secretary) in the quarter,
                        whether under the State program funded under
                        this part or as qualified State expenditures,
                        exceeds the total expenditures of the State for
                        such assistance for the corresponding quarter
                        in the emergency fund base year of the State.
                    ``(B) Grant related to increased expenditures for
                non-recurrent short term benefits.--
                            ``(i) In general.--For each calendar
                        quarter in fiscal year 2012 or 2013, the
                        Secretary shall make a grant from the Emergency
                        Fund to each State that--
                                    ``(I) requests a grant under this
                                subparagraph for the quarter; and
                                    ``(II) meets the requirement of
                                clause (ii) for the quarter.
                            ``(ii) Non-recurrent short term expenditure
                        requirement.--A State meets the requirement of
                        this clause for a quarter if the total
                        expenditures of the State for non-recurrent
                        short term benefits in the quarter, whether
                        under the State program funded under this part
                        or as qualified State expenditures, exceeds the
                        total expenditures of the State for non-
                        recurrent short term benefits in the
                        corresponding quarter in the emergency fund
                        base year of the State.
                            ``(iii) Amount of grant.--Subject to
                        paragraph (5), the amount of the grant to be
                        made to a State under this subparagraph for a
                        quarter shall be an amount equal to 80 percent
                        of the excess described in clause (ii).
                    ``(C) Grant related to increased expenditures for
                subsidized employment.--
                            ``(i) In general.--For each calendar
                        quarter in fiscal year 2012 or 2013, the
                        Secretary shall make a grant from the Emergency
                        Fund to each State that--
                                    ``(I) requests a grant under this
                                subparagraph for the quarter; and
                                    ``(II) meets the requirement of
                                clause (ii) for the quarter.
                            ``(ii) Subsidized employment expenditure
                        requirement.--A State meets the requirement of
                        this clause for a quarter if the total
                        expenditures of the State for subsidized
                        employment in the quarter, whether under the
                        State program funded under this part or as
                        qualified State expenditures, exceeds the total
                        such expenditures of the State in the
                        corresponding quarter in the emergency fund
                        base year of the State.
                            ``(iii) Amount of grant.--Subject to
                        paragraph (5), the amount of the grant to be
                        made to a State under this subparagraph for a
                        quarter shall be an amount equal to 80 percent
                        of the excess described in clause (ii).
            ``(4) Authority to make necessary adjustments to data and
        collect needed data.--In determining the size of the caseload
        of a State and the expenditures of a State for basic
        assistance, non-recurrent short term benefits, and subsidized
        employment, during any period for which the State requests
        funds under this subsection, and during the emergency fund base
        year of the State, the Secretary may make appropriate
        adjustments to the data, on a State-by-State basis, to ensure
        that the data are comparable with respect to the groups of
        families served and the types of aid provided. The Secretary
        may develop a mechanism for collecting expenditure data,
        including procedures which allow States to make reasonable
        estimates, and may set deadlines for making revisions to the
        data.
            ``(5) Limitation.--The total amount payable to a single
        State under subsection (b) and this subsection for fiscal years
        2012 and 2013 combined shall not exceed 50 percent of the
        annual State family assistance grant.
            ``(6) Limitations on use of funds.--A State to which an
        amount is paid under this subsection may use the amount only as
        authorized by section 404.
            ``(7) Timing of implementation.--The Secretary shall
        implement this subsection as quickly as reasonably possible,
        pursuant to appropriate guidance to States.
            ``(8) Application to indian tribes.--This subsection shall
        apply to an Indian tribe with an approved tribal family
        assistance plan under section 412 in the same manner as this
        subsection applies to a State.
            ``(9) Definitions.--In this subsection:
                    ``(A) Average monthly assistance caseload
                defined.--The term `average monthly assistance
                caseload' means, with respect to a State and a quarter,
                the number of families receiving assistance during the
                quarter under the State program funded under this part
                or as qualified State expenditures, subject to
                adjustment under paragraph (4).
                    ``(B) Emergency fund base year.--
                            ``(i) In general.--The term `emergency fund
                        base year' means, with respect to a State and a
                        category described in clause (ii), whichever of
                        fiscal year 2009 or 2010 is the fiscal year in
                        which the amount described by the category with
                        respect to the State is the lesser.
                            ``(ii) Categories described.--The
                        categories described in this clause are the
                        following:
                                    ``(I) The average monthly
                                assistance caseload of the State.
                                    ``(II) The total expenditures of
                                the State for non-recurrent short term
                                benefits, whether under the State
                                program funded under this part or as
                                qualified State expenditures.
                                    ``(III) The total expenditures of
                                the State for subsidized employment,
                                whether under the State program funded
                                under this part or as qualified State
                                expenditures.
                    ``(C) Qualified state expenditures.--The term
                `qualified State expenditures' has the meaning given
                the term in section 409(a)(7).''.
    (b) Modification of Caseload Reduction Credit.--Section
407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by
inserting ``(or if the immediately preceding fiscal year is fiscal year
2011 or 2012, then, at State option, during the emergency fund base
year of the State with respect to the average monthly assistance
caseload of the State (within the meaning of section 403(c)(9)), except
that, if a State elects such option for fiscal year 2011, the emergency
fund base year of the State with respect to such caseload shall be
fiscal year 2009))'' before ``under the State''.
    (c) Disregard From Limitation on Total Payments to Territories.--
Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by
inserting ``403(c)(3),'' after ``403(a)(5),''.

Summary: Amends title IV (TANF) of the Social Security Act to reestablish for FY2012-FY2013 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, (2) increased expenditures for non-recurrent short term benefits, and (3) increased expenditures for subsidized employment. Modifies for FY2011-FY2012 the formula for the pro rata reduction credit in the calculation of the minimum participation rate of all families of a state receiving TANF assistance for any reduction in such rate owing to caseload reductions not required by federal law and not resulting from changes in state eligibility criteria.

To restore the TANF Emergency Contingency Fund to further support our Nation's jobless workers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assistance for Orphans and Other
Vulnerable Children in Developing Countries Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) More than 110,000,000 orphans live in sub-Saharan
        Africa, Asia, Latin America, and the Caribbean. These children
        often are disadvantaged in numerous and devastating ways and
        most households with orphans cannot meet the basic needs of
        health care, food, clothing, and educational expenses.
            (2) It is estimated that 121,000,000 children worldwide do
        not attend school and that the majority of such children are
        young girls. According to the United Nations Children's Fund
        (UNICEF), orphans are less likely to be in school and more
        likely to be working full time.
            (3) School food programs, including take-home rations, in
        developing countries provide strong incentives for children to
        remain in school and continue their education. School food
        programs can reduce short-term hunger, improve cognitive
        functions, and enhance learning, behavior, and achievement.
            (4) Financial barriers, such as school fees and other costs
        of education, prevent many orphans and other vulnerable
        children in developing countries from attending school.
        Providing children with free primary school education, while
        simultaneously ensuring that adequate resources exist for
        teacher training and infrastructure, would help more orphans
        and other vulnerable children obtain a quality education.
            (5) The trauma that results from the loss of a parent can
        trigger behavior problems of aggression or emotional withdrawal
        and negatively affect a child's performance in school and the
        child's social relations. Children living in families affected
        by HIV/AIDS or who have been orphaned by AIDS often face
        stigmatization and discrimination. Providing culturally
        appropriate psychosocial support to such children can assist
        them in successfully accepting and adjusting to their
        circumstances.
            (6) Orphans and other vulnerable children in developing
        countries routinely are denied their inheritance or encounter
        difficulties in claiming the land and other property which they
        have inherited. Even when the inheritance rights of women and
        children are spelled out in law, such rights are difficult to
        claim and are seldom enforced. In many countries it is
        difficult or impossible for a widow, even if she has young
        children, to claim property after the death of her husband.
            (7) The HIV/AIDS pandemic has had a devastating affect on
        children and is deepening poverty in entire communities and
        jeopardizing the health, safety, and survival of all children
        in affected areas.
            (8) The HIV/AIDS pandemic has increased the number of
        orphans worldwide and has exacerbated the poor living
        conditions of the world's poorest and most vulnerable children.
        AIDS has created an unprecedented orphan crisis, especially in
        sub-Saharan Africa, where children have been hardest hit. An
        estimated 14,000,000 orphans have lost 1 or both parents to
        AIDS. By 2010, it is estimated that over 25,000,000 children
        will have been orphaned by AIDS.
            (9) Approximately 2,500,000 children under the age of 15
        worldwide have HIV/AIDS. Every day another 2,000 children under
        the age of 15 are infected with HIV. Without treatment, most
        children born with HIV can expect to die by age two, but with
        sustained drug treatment through childhood, the chances of
        long-term survival and a productive adulthood improve
        dramatically.
            (10) Few international development programs specifically
        target the treatment of children with HIV/AIDS in developing
        countries. Reasons for this include the perceived low priority
        of pediatric treatment, a lack of pediatric health care
        professionals, lack of expertise and experience in pediatric
drug dosing and monitoring, the perceived complexity of pediatric
treatment, and mistaken beliefs regarding the risks and benefits of
pediatric treatment.
            (11) Although a number of organizations seek to meet the
        needs of orphans or other vulnerable children, extended
        families and local communities continue to be the primary
        providers of support for such children.
            (12) The HIV/AIDS pandemic is placing huge burdens on
        communities and is leaving many orphans with little support.
        Alternatives to traditional orphanages, such as community-based
        resource centers, continue to evolve in response to the massive
        number of orphans that has resulted from the pandemic.
            (13) The AIDS orphans crisis in sub-Saharan Africa has
        implications for political stability, human welfare, and
        development that extend far beyond the region, affecting
        governments and people worldwide, and this crisis requires an
        accelerated response from the international community.
            (14) Although section 403(b) of the United States
        Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
        2003 (22 U.S.C. 7673(b)) establishes the requirement that not
        less than 10 percent of amounts appropriated for HIV/AIDS
        assistance for each of fiscal years 2006 through 2008 shall be
        expended for assistance for orphans and other vulnerable
        children affected by HIV/AIDS, there is an urgent need to
        provide assistance to such children prior to 2006.
            (15) Numerous United States and indigenous private
        voluntary organizations, including faith-based organizations,
        provide assistance to orphans and other vulnerable children in
        developing countries. Many of these organizations have
        submitted applications for grants to the Administrator of the
        United States Agency for International Development to provide
        increased levels of assistance for orphans and other vulnerable
        children in developing countries.
            (16) Increasing the amount of assistance that is provided
        by the Administrator of the United States Agency for
        International Development through United States and indigenous
        private voluntary organizations, including faith-based
        organizations, will provide greater protection for orphans and
        other vulnerable children in developing countries.
            (17) It is essential that the United States Government
        adopt a comprehensive approach for the provision of assistance
        to orphans and other vulnerable children in developing
        countries. A comprehensive approach would ensure that important
        services, such as basic care, psychosocial support, school food
        programs, increased educational opportunities and employment
        training and related services, the protection and promotion of
        inheritance rights for such children, and the treatment of
        orphans and other vulnerable children with HIV/AIDS, are made
        more accessible.
            (18) Assistance for orphans and other vulnerable children
        can best be provided by a comprehensive approach of the United
        States Government that--
                    (A) ensures that Federal agencies and the private
                sector coordinate efforts to prevent and eliminate
                duplication of efforts and waste in the provision of
                such assistance; and
                    (B) to the maximum extent possible, focuses on
                community-based programs that allow orphans and other
                vulnerable children to remain connected to the
                traditions and rituals of their families and
                communities.

SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN
              DEVELOPING COUNTRIES.

    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following
section:

``SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.

    ``(a) Findings.--Congress finds the following:
            ``(1) There are more than 110,000,000 orphans living in
        sub-Saharan Africa, Asia, Latin America, and the Caribbean.
            ``(2) The HIV/AIDS pandemic has created an unprecedented
        orphan crisis, especially in sub-Saharan Africa, where children
        have been hardest hit. The pandemic is deepening poverty in
        entire communities, and is jeopardizing the health, safety, and
        survival of all children in affected countries. It is estimated
        that 14,000,000 children have lost one or both parents to AIDS.
            ``(3) The orphans crisis in sub-Saharan Africa has
        implications for human welfare, development, and political
        stability that extend far beyond the region, affecting
        governments and people worldwide.
            ``(4) Extended families and local communities are
        struggling to meet the basic needs of orphans and vulnerable
        children by providing food, health care including treatment of
        children living with HIV/AIDS, education expenses, and
        clothing.
            ``(5) Providing assistance to such children is an important
        expression of the humanitarian concern and tradition of the
        people of the United States.
    ``(b) Definitions.--In this section:
            ``(1) AIDS.--The term `AIDS' has the meaning given the term
        in section 104A(g)(1) of this Act.
            ``(2) Children.--The term `children' means persons who have
        not attained the age of 18.
            ``(3) HIV/AIDS.--The term `HIV/AIDS' has the meaning given
        the term in section 104A(g)(3) of this Act.
            ``(4) Orphan.--The term `orphan' means a child deprived by
        death of one or both parents.
            ``(5) Psychosocial support.--The term `psychosocial
        support' includes care that addresses the ongoing psychological
        and social problems that affect individuals, their partners,
        families, and caregivers in order to alleviate suffering,
        strengthen social ties and integration, provide emotional
        support, and promote coping strategies.
    ``(c) Assistance.--The President is authorized to provide
assistance, including providing such assistance through international
or nongovernmental organizations, for programs in developing countries
to provide basic care and services for orphans and other vulnerable
children. Such programs should provide assistance--
            ``(1) to support families and communities to mobilize their
        own resources through the establishment of community-based
        organizations to provide basic care for orphans and other
        vulnerable children;
            ``(2) for school food programs, including the purchase of
        local or regional foodstuffs where appropriate;
            ``(3) to increase primary school enrollment through the
        elimination of school fees, where appropriate, or other
        barriers to education while ensuring that adequate resources
        exist for teacher training and infrastructure;
            ``(4) to provide employment training and related services
        for orphans and other vulnerable children who are of legal
        working age;
            ``(5) to protect and promote the inheritance rights of
        orphans, other vulnerable children, and widows;
            ``(6) to provide culturally appropriate psychosocial
        support to orphans and other vulnerable children; and
            ``(7) to treat orphans and other vulnerable children with
        HIV/AIDS through the provision of pharmaceuticals, the
        recruitment and training of individuals to provide pediatric
        treatment, and the purchase of pediatric-specific technologies.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated
        to the President to carry out this section such sums as may be
        necessary for each of the fiscal years 2005 and 2006.
            ``(2) Availability of funds.--Amounts made available under
        paragraph (1) are authorized to remain available until expended
        and are in addition to amounts otherwise available for such
        purposes.
            ``(3) Relationship to other laws.--Amounts made available
        for assistance pursuant to this subsection, and amounts made
        available for such assistance pursuant to any other provision
        of law, may be used to provide such assistance notwithstanding
        any other provision of law.''.

SEC. 4. STRATEGY OF THE UNITED STATES.

    (a) Requirement for Strategy.--Not later than 180 days after the
date of enactment of this Act, the President shall develop, and submit
to the appropriate congressional committees, a strategy for
coordinating, implementing, and monitoring assistance programs for
orphans and vulnerable children.
    (b) Consultation.--The President should consult with employees of
the field missions of the United States Agency for International
Development in developing the strategy required by subsection (a) to
ensure that such strategy--
            (1) will not impede the efficiency of implementing
        assistance programs for orphans and vulnerable children; and
            (2) addresses the specific needs of indigenous populations.
    (c) Content.--The strategy required by subsection (a) shall
include--
            (1) the identity of each agency or department of the
        Federal Government that is providing assistance for orphans and
        vulnerable children in foreign countries;
            (2) a description of the efforts of the head of each such
        agency or department to coordinate the provision of such
        assistance with other agencies or departments of the Federal
        Government or nongovernmental entities;
            (3) a description of a coordinated strategy, including
        coordination with other bilateral and multilateral donors, to
        provide the assistance authorized in section 135 of the Foreign
        Assistance Act of 1961, as added by section 3 of this Act;
            (4) an analysis of additional coordination mechanisms or
        procedures that could be implemented to carry out the purposes
        of such section;
            (5) a description of a monitoring system that establishes
        performance goals for the provision of such assistance and
        expresses such goals in an objective and quantifiable form, to
        the extent feasible; and
            (6) a description of performance indicators to be used in
        measuring or assessing the achievement of the performance goals
        described in paragraph (5).

SEC. 5. ANNUAL REPORT.

    Not later than one year after the date on which the President
submits the strategy required by section 4(a) to the appropriate
congressional committees, and annually thereafter, the President shall
submit a report to the appropriate congressional committees on the
implementation of this Act.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees''
means the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives.

Summary: Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care, (2) school food programs, (3) education and employment training, (4) mental health care, (5) protection of inheritance rights. And (6) HIVAIDS care. Directs the President to develop a coordinating strategy for such assistance.

A bill to amend the Foreign Assistance Act of 1961 to provide assistance for orphans and other vulnerable children in developing countries, and for other purposes.