SECTION 1. GOLDEN GATE NATIONAL RECREATION AREA AND SAN FRANCISCO
              MARITIME NATIONAL HISTORICAL PARK TECHNICAL CORRECTIONS.

    (a) Golden Gate National Recreation Area.--Section 4(f) of the Act
titled ``An Act to establish the Golden Gate National Recreation Area
in the State of California, and for other purposes'' (Public Law 92-
589; 16 U.S.C. 460bb-3(f)) is amended to read as follows:
    ``(f) The Secretary may enter into a concession contract pursuant
to title IV of the National Parks Omnibus Management Act of 1998 (16
U.S.C. 5951 et seq.) or a lease pursuant to section 802 of that Act (16
U.S.C. 1a-2) for the parcels of property known as Cliff House
Properties and Louis' Restaurant. Notwithstanding any other provision
of law, any proceeds from the use of such property shall be available
until expended, without further appropriation, for the administration,
maintenance, repair, and related expenses of those properties and for
major renovation and park rehabilitation of those buildings included in
the Fort Mason Foundation Agreement.''.
    (b) San Francisco Maritime National Historical Park.--
            (1) Leasing.--Section 3(c) of the San Francisco Maritime
        National Historical Park Act of 1988 (Public Law 100-348; 16
        U.S.C. 410nn-1(c)) is amended--
                    (A) in the first sentence, by striking ``any real
                or personal property, including'' and inserting ``any
                real or personal property, including the Haslett
                Warehouse and''; and
                    (B) by striking the second sentence and inserting
                ``Notwithstanding any other provision of law, any
                proceeds from the lease of such property shall be
                available until expended, without further
                appropriation, for the administration, maintenance,
                repair, and related expenses of the leased property and
                the vessels, equipment, piers, and other assets within
                the park.''.
            (2) Fees.--Section 3(d) of the San Francisco Maritime
        National Historical Park Act of 1988 (Public Law 100-348; 16
        U.S.C. 410nn-1(d)) is amended by striking the second sentence
        ``credited in accordance with'' and all that follows through
        the period and inserting ``available until expended, without
        further appropriation, for purposes at the park for which fee
        revenue is permitted to be used under section 808(a)(3) of the
        Consolidated Appropriations Act, 2005 (Public Law 108-447; 16
        U.S.C. 6807).''.
    (c) Conforming Amendments.--
            (1) Map; boundary.--Section 2(b) of the San Francisco
        Maritime Historical Park Act of 1988 (Public Law 100-348; 16
        U.S.C. 410nn(b)) is amended--
                    (A) by striking ``numbered 641/80,053 and dated
                April 7, 1987'' and inserting ``numbered 350/80,012 and
                dated June 2004''; and
                    (B) by striking the third and fourth sentences and
                inserting the following: ``The Secretary of the
                Interior (hereafter in this Act referred to as the
                `Secretary') may make minor revisions of the boundary
                of the park in accordance with section 7(c) of the Land
                and Water Conservation Act of 1965 (16 U.S.C. 460l-
                9(c)).''.
            (2) Fees or admission charges.--Section 4(e) of the Act
        titled ``An Act to establish the Golden Gate National
        Recreation Area in the State of California, and for other
        purposes'' (Public Law 92-589; 16 U.S.C. 460bb-3(e)) is amended
        by striking ``and for admission to the sailing vessel Balclutha
        and other historical vessels of the National Maritime Museum''.

SEC. 2. GOLDEN GATE NATIONAL PARKS.

    (a) Name Change.--
            (1) In general.--The Golden Gate National Recreation Area
        is hereby renamed the ``Golden Gate National Parks''.
            (2) References.--Any reference in a law, map, regulation,
        document, paper, or other record of the United States to the
        Golden Gate National Recreation Area is deemed to be a
        reference to the Golden Gate National Parks.
            (3) Conforming amendments.--The Act titled ``An Act to
        establish the Golden Gate National Recreation Area in the State
        of California, and for other purposes'' (Public Law 92-589,
        approved October 27, 1972) is amended--
                    (A) in sections 1 and 2 by striking ``National
                Recreation Area'' each place it appears and inserting
                ``National Parks''; and
                    (B) by striking ``recreation area'' each place it
                appears and inserting ``national parks''.
    (b) Change of Unit From Recreation Area to National Park.--
            (1) In general.--The Golden Gate National Parks, as so
        renamed by subsection (a), is hereby designated as a national
        park and shall be administered as such by the Secretary of the
        Interior.
            (2) Clarification.--This section designates the recreation
        area known as Golden Gate National Recreation Area as a
        national park and renames that unit Golden Gate National Parks.
        Nothing in this section shall be construed as creating a new
        ``national parks'' category of designation with the National
        Park System.

SEC. 3. PRESIDIO TRUST TECHNICAL CORRECTIONS.

    (a) Public Information and Interpretation.--Section 102(b) of
division I of the Omnibus Parks and Public Lands Management Act of 1996
is amended to read as follows:
    ``(b) Public Information and Interpretation.--The Secretary and the
Presidio Trust shall provide public interpretive services, visitor
orientation and educational programs within the Presidio.''.
    (b) Transfer; Board of Directors.--Section 103 of division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended as
follows:
            (1) In subsection (b)(1), by striking ``The Secretary shall
        retain jurisdiction over those portions of the building
        identified as number 102 as the Secretary deems essential for
        use as a visitor center. The building shall be named the
        `William Penn Mott Visitor Center''' and inserting ``The Trust
        shall designate a prominently placed building to be the site of
        a visitor center to be operated jointly by the Trust and the
        National Park Service. In selecting the site for the visitor
        center, the Trust shall obtain the concurrence of the
        Superintendent of the Golden Gate National Recreation Area. The
        visitor center shall be named the `William Penn Mott Visitor
        Center' and may be relocated by mutual consent of the Trust and
        the Superintendent of the Golden Gate National Recreation
        Area.''.
            (2) In subsection (c)(1)(B), by inserting ``education,
        program development,'' after ``real estate development,''.
    (c) Duties and Authorities of the Trust.--Section 104 of division I
of the Omnibus Parks and Public Lands Management Act of 1996 is amended
as follows:
            (1) In subsection (i)--
                    (A) by striking ``conduct'' and inserting
                ``provision''; and
                    (B) by adding at the end the following:
                ``Notwithstanding section 105(b), there are authorized
                to be appropriated such sums as may be necessary to
                carry out this paragraph.''.
            (2) In subsection (n)--
                    (A) by striking ``general objectives of the General
                Management Plan for the Presidio'' and inserting
                ``Presidio Trust Management Plan''; and
                    (B) by inserting ``, and tenants that provide high
                quality public programming'' before the final period.
            (3) By striking subsection (o).
    (d) Limitations on Funding.--Section 105(a)(2) of division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended by
striking the following: ``Of such sums, funds shall be available
through the Trust for law enforcement activities and services to be
provided by the United States Park Police at the Presidio in accordance
with section 104(i) of this title.''.
    (e) Government Accountability Office Study.--Division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended--
            (1) in section 106--
                    (A) by striking subsection (b);
                    (B) by striking ``General Accounting'' each place
                it appears and inserting ``Government Accountability'';
                and
                    (C) in subsection (c)--
                            (i) by striking ``Seven'' and inserting
                        ``Twelve'';
                            (ii) by striking ``comprehensive study''
                        and inserting ``study'';
                            (iii) by striking ``the implementation of
                        plan and schedule required in subsection (b)'';
                        and
                            (iv) by striking ``on Resources'' and
                        inserting ``on Natural Resources''; and
            (2) in the table of contents, in the item for section 106,
        by striking ``General Accounting'' and inserting ``Government
        Accountability''.
    (f) Fort Scott Advisory Task Force.--Title I of division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended by
adding at the end the following:

``SEC. 108. FORT SCOTT ADVISORY TASK FORCE.

    ``(a) Establishment.--There is hereby established the Fort Scott,
Presidio of San Francisco Advisory Task Force (referred to in this
section as the `Task Force').
    ``(b) Membership; Appointment.--The Task Force shall be composed of
up to 12 members nominated by Chairman of the Board and appointed by a
majority vote of the Board of Directors of the Presidio Trust.
    ``(c) Vacancy.--A vacancy on the Task Force shall be filled in the
same manner in which the original appointment was made.
    ``(d) Purpose; Consultation With Presidio Trust Board of
Directors.--The Task Force shall provide expertise and advice to the
Board of Directors regarding the preservation and reuse of Fort Scott.
The Task Force shall meet with the Presidio Trust Board of Directors
not less than 3 times during its term to provide such expertise and
advice on matters related to the reuse of Fort Scott as a center for
education, research, policy development, and related activities, taking
into account the Presidio Trust's statutory mandates.
    ``(e) Compensation and Expenses.--Members of the Task Force shall
serve without compensation, but may be reimbursed for actual and
necessary travel and subsistence expenses incurred by them in the
performance of the duties of the Task Force.
    ``(f) Voting.--The Task Force shall act and advise by affirmative
vote of a majority of the members thereof.
    ``(g) Termination Date.--The Task Force shall cease to exist 24
months after the date of its first meeting.''.

Summary: Makes technical and conforming amendments to public lands provisions relating to the Golden Gate National Recreation Area and the San Francisco Maritime National Historical Park. Renames the Golden Gate National Recreation Area as the Golden Gate National Parks. Designates the Golden Gate National Parks as a national park to be administered by the Secretary of the Interior. Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions concerning the Presidio of San Francisco and to eliminate the requirement for reversion of lands held by the Presidio Trust to the General Services Administration (GSA). Establishes the Fort Scott, Presidio of San Francisco Advisory Task Force to advise the Presidio Board of Directors on the preservation and reuse of Fort Scott.

To clarify the authorities for the use of certain National Park Service properties within Golden Gate National Parks and San Francisco Maritime National Historic Park, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Detainee Basic Medical Care Act of
2008''.

SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--The Secretary of Homeland Security shall establish
procedures for the timely and effective delivery of medical and mental
health care to all immigration detainees in the custody of the
Department of Homeland Security. Such procedures shall address all
immigration detainee health needs, including primary care, emergency
care, chronic care, prenatal care, dental care, eye care, mental health
care, medical dietary needs, and other medically necessary specialized
care.
    (b) Medical Screenings and Examinations.--The Secretary's
procedures shall be designed to ensure continuity of medical and mental
health care services for each immigration detainee upon arrival at a
detention facility. At a minimum, such procedures shall be designed to
ensure that--
            (1) each immigration detainee receives a comprehensive
        medical and mental health intake screening by a qualified
        health care professional upon arrival at the facility;
            (2) each immigration detainee receives a comprehensive
        medical and mental health examination and assessment by a
        qualified health care professional not later than 14 days after
        arrival;
            (3) each immigration detainee taking prescribed medications
        prior to detention is allowed to continue taking such
        medications, on schedule and without interruption, until and
        unless a qualified health care professional examines the
        immigration detainee and decides upon an alternative course of
        treatment; and
            (4) subject to the immigration laws (as defined in section
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(17))), each immigration detainee with a serious medical
        or mental health care condition is given priority consideration
        for release on parole, on bond, or into an alternative to
        detention program, with periodic reevaluations for such
        immigration detainees not initially released.
    (c) Continuity of Care.--The Secretary's procedures shall be
designed to ensure continuity of medical and mental health care
services for each immigration detainee throughout detention. At a
minimum, such procedures shall be designed to ensure that--
            (1) immigration detainees are informed of available medical
        and mental health care services and how to request such
        services;
            (2) a prompt response is provided to any request for
        medical or mental health care;
            (3) treatment decisions are based solely on professional
        clinical judgments;
            (4) prescribed medications and medically necessary
        treatment are provided to immigration detainees on schedule and
        without interruption; and
            (5) the medical and mental health of an immigration
        detainee is considered prior to any decision to transfer the
        immigration detainee to another detention facility, and such
        immigration detainee suffers no interruption in the provision
        of medical treatment, including the delivery of prescribed
        medications, during and after such transfer.
    (d) Medical Records.--The Secretary's procedures shall be designed
to ensure the availability of medical records to appropriate personnel.
At a minimum, such procedures shall be designed to ensure that--
            (1) immediately upon an immigration detainee's transfer
        from one detention facility to another, the immigration
        detainee's complete medical records, including any transfer
        summary, are provided to the receiving facility;
            (2) within 72 hours of receiving a written request, an
        immigration detainee's complete medical records are provided to
        the immigration detainee or any person designated by the
        immigration detainee; and
            (3) an immigration detainee shall be provided the
        appropriate forms where necessary to comply with this
        subsection and relevant privacy laws.
    (e) Administrative Appeals Process.--The Secretary's procedures
shall include an administrative appeals process for denials of medical
or mental health care. At a minimum, such procedures shall be designed
to ensure that--
            (1) the Secretary responds promptly to any request by an
        on-site medical provider for authorization to provide medical
        or mental health care to an immigration detainee;
            (2) in each case in which the Secretary denies or fails to
        grant such a request, a written explanation of the reasons for
        the decision shall be conveyed without delay to the on-site
        medical provider and the immigration detainee;
            (3) the on-site medical provider and immigration detainee
        (or legally appointed advocate) are provided an opportunity to
        appeal the denial of or failure to grant the requested health
        care service; and
            (4) such appeal is resolved in writing within 30 days by an
        impartial board, which shall include health care professionals
        in the fields relevant to the request for medical or mental
        health care, and the written decision is conveyed without delay
        to the on-site medical provider and the immigration detainee.
    (f) Discharge Planning.--The Secretary's procedures shall include
discharge planning to ensure continuity of care, for a reasonable
period of time, upon removal or release for persons with serious
medical or mental health conditions.
    (g) Reporting Requirements.--The Secretary of Homeland Security
shall report to the Offices of Inspector General for the Department of
Homeland Security and the Department of Justice, within 48 hours,
information regarding the death of any immigration detainee in the
Secretary's custody. Not later than 60 days after the end of each
fiscal year, the Secretary shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives containing detailed information regarding the
death of all immigration detainees in the Secretary's custody during
the preceding fiscal year.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) ``detention facility'' means any Federal, State, or
        local facility used by the Secretary of Homeland Security to
        hold immigration detainees for more than 72 hours, regardless
        of whether use of such facility is subject to a contract or
        other agreement.
            (2) ``immigration detainee'' means any person in the
        custody of the Secretary of Homeland Security under the
        immigration laws (as defined in section 101(a)(17) of the
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any
        detention facility.

Summary: Detainee Basic Medical Care Act of 2008 - Directs: (1) the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to all immigration detainees in Department of Homeland Security (DHS) custody. And (2) that such procedures address all detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care.

To require the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody, and for other purposes.


SECTION 1. EXCHANGE OVERSIGHT.

    Subtitle D of title I of the Patient Protection and Affordable Care
Act (42 U.S.C. 18021 et seq.) is amended by adding at the end the
following:

                      ``PART 6--EXCHANGE OVERSIGHT

``SEC. 1351. BOARD OF DIRECTORS AND CEO.

    ``(a) In General.--There is established the Marketplace Health
Insurance Corporation headed by a Chief Executive Officer and directed
by a Board of Directors, to oversee management of the Federal Exchange
and State Exchanges, and to provide health insurance oversight.
    ``(b) CEO.--
            ``(1) In general.--The President shall appoint a Chief
        Executive Officer, by and with the consent of the Senate, who
        shall be responsible for administering the Federal Exchange,
        for overseeing State Exchanges, and for health insurance
        oversight.
            ``(2) Authorities and duties.--The Chief Executive Officer
        shall--
                    ``(A) report directly to the President;
                    ``(B) be accountable for implementation of the
                Federal Exchange and oversight of the State Exchanges;
                    ``(C) be responsible for all Federal health
                insurance oversight; and
                    ``(D) serve the public interest of individuals
                seeking health insurance, serve businesses seeking
                access to health coverage through the Exchanges, and
                ensure the efficient operation and function of the
                Exchanges.
            ``(3) Requirement.--To be eligible for appointment as Chief
        Executive Officer, an individual shall have a background in
        health care issues and private-sector management experience.
    ``(c) Board of Directors.--
            ``(1) Establishment.--There is established a Board of
        Directors of the Marketplace Health Insurance Corporation.
            ``(2) Duties.--The Board of Directors shall advise the
        Chief Executive Officer on the operation of the Federal
        Exchange, implementation of the State Exchanges, and health
        insurance oversight, including--
                    ``(A) the functionality of healthcare.gov (or any
                subsequent Internet site), including SHOP exchanges;
                    ``(B) ensuring that enrollment information is
                properly transferred from healthcare.gov (or any
                subsequent Internet site) to State Medicaid agencies;
                    ``(C) accuracy of enrollee information submitted
                through the Exchanges;
                    ``(D) ensuring the accuracy of advanced premium tax
                credits;
                    ``(E) ensuring the accuracy of payment to insurers;
                    ``(F) enhancement of the consumer experience when
                comparing plans, including out-of-pocket costs, and
                searching for a specific provider or drug formulary;
                    ``(G) overseeing the selection of plans offered on
                the Federal Exchange, including sufficient network
                adequacy and transparency requirements;
                    ``(H) providing recommendations to the Secretary of
                the Treasury with respect to the implementation of
                section 4980H of the Internal Revenue Code of 1986 and
                potential policy changes with respect to such section
                and associated reporting requirements;
                    ``(I) creating an automated appeals system for
                healthcare.gov (or any subsequent Internet site);
                    ``(J) overseeing the transition from a State
                Exchange to the Federal Exchange;
                    ``(K) enabling online enrollment in health
                insurance plans through the Exchanges for small
                businesses and employee choice for employees of small
                businesses;
                    ``(L) overseeing the Federal contracting related to
                healthcare.gov (or any subsequent Internet site);
                    ``(M) providing recommendations to the Office of
                Personal Management on the oversight and administration
                of the multi-State plan program; and
                    ``(N) additional matters, as determined by the
                Secretary of Health and Human Services, the Chief
                Executive Officer, or President.
            ``(3) Membership.--The Board of Directors shall be
        comprised of the following:
                    ``(A) The Secretary of Health and Human Services.
                    ``(B) The Administrator of the Centers for Medicare
                & Medicaid Services.
                    ``(C) The Commissioner of the Internal Revenue
                Service.
                    ``(D) The Administrator of the Small Business
                Administration.
                    ``(E) Three representatives of the private sector
                who have demonstrated knowledge in individual health
                care coverage, small employer health care coverage,
                administering a public or private health care delivery
                system, operating complex information system
                technologies, or promoting health and wellness,
                appointed by the Comptroller General of the United
                States.
            ``(4) Terms.--
                    ``(A) Officers of the federal government.--Each
                member of the Board of Directors described in
                subparagraphs (A) through (D) of paragraph (3) shall
                serve for a term that is concurrent with the member's
                term as an officer within the Federal department or
                agency.
                    ``(B) Other members.--Each member of the board
                described in paragraph (3)(E) shall be appointed for a
                term of 3 years and may be reappointed for a term of an
                additional 2 years.
            ``(5) Chairperson.--The Secretary of Health and Human
        Services shall serve as Chair of the Board of Directors.
    ``(d) Technical Advisory Committee.--
            ``(1) In general.--To assist the Chief Executive Officer
        and Board of Directors in carrying out their duties, the Board
        of Directors shall establish a technical advisory committee.
            ``(2) Membership.--The technical advisory committee shall
        be comprised of the following:
                    ``(A) One technical expert from the Centers for
                Medicare & Medicaid Administration.
                    ``(B) One representative of the health insurance
                industry.
                    ``(C) One representative of health care consumer
                groups.
                    ``(D) One representative of the National
                Association of Insurance Commissioners.
                    ``(E) One representative of the State Medicaid
                agencies.
                    ``(F) One representative from the small business
                community.
                    ``(G) One representative of Federal information
                technology contractors involved in the operation and
                development of healthcare.gov (or any subsequent
                Internet site).
                    ``(H) At the discretion of the Chair of the Board
                of Directors, up to 2 additional members, selected by
                the Chair and approved by the Chief Executive Officer.
            ``(3) Chair.--The Chair of the Board of Directors shall
        appoint one member of the technical advisory committee to serve
        as Chair of such committee.
            ``(4) Terms.--Each member of the technical advisory
        committee shall be appointed for a term of 3 years and may be
        reappointed for a term of an additional 2 years.
    ``(e) Work Plan and Report.--
            ``(1) Work plan.--Not later than 3 months after the date of
        enactment of this section, the Chief Executive Officer, in
        cooperation with the Board of Directors, shall develop a work
        plan with respect to duties described in subsection (c)(2),
        indicating the priority and schedule the Board of Directors
        will take in addressing such duties. The work plan shall be
        displayed on healthcare.gov (or any subsequent Internet site).
            ``(2) Annual report.--Not later than February 1 of each
        year, the Chief Executive Officer, in consultation with the
        Board of Directors, shall submit an annual report to the
        President and Congress on the status of the Federal Exchange
        and related insurance oversight, including progress made on the
        duties of the Chief Executive Officer and Board of Directors
        under subsection (c)(2) and remaining issues to be addressed to
        enhance the functionality of healthcare.gov (or any subsequent
        Internet site).''.

Summary: Amends the Patient Protection and Affordable Care Act to establish the Marketplace Health Insurance Corporation, with a Chief Executive Officer (CEO) and Board of Directors, to oversee health care exchanges and health insurance. Directs the President, with the consent of the Senate, to appoint as CEO an individual with a background in health care issues and private-sector management experience. Requires the Board of Directors to advise the CEO on issues including: (1) the functionality of healthcare. gov, (2) the selection of federal exchange health plans, (3) ensuring the accuracy of premium subsidies, and (4) the transition from a state exchange to the federal exchange. Requires the Board of Directors to establish a technical advisory committee to assist the Board of Directors and CEO in carrying out their duties.

A bill to establish a board of directors and CEO to oversee the Federal Exchange and State Exchanges, and to provide health insurance oversight.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agricultural
Equity Act of 1995''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings, policy, and purpose.
Sec. 3. Sense of Congress on ending the Federal deficit.
Sec. 4. Nonrecourse loans and deficiency payments for the 1996 through
                            2002 crops of rice, upland cotton, feed
                            grains, wheat, and oilseeds.
Sec. 5. Review of status and future of production agriculture.

SEC. 2. FINDINGS, POLICY, AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) A sound and prosperous economy in the United States is
        dependent on American agriculture and related industries,
        including producers, processors, handlers, manufacturers,
        marketers, transporters, and the banking and credit industry.
            (2) American agriculture and related industries account for
        over 21,000,000 jobs and approximately 16 percent, or over
        $41,000,000,000,000, of the gross domestic product.
            (3) Because of the combined effort of American agriculture
        and related industries, consumers in the United States enjoy a
        dependable supply of food and fiber at fair prices.
            (4) The future of American agriculture is dependent on the
        continued viability of the American agricultural producer, the
        underpinning of the national economy.
            (5) Agricultural producers must receive a fair return on
        their productivity and investment in an industry characterized
        by continued subsidized foreign competition and wide
        fluctuations in production and prices due to weather and
        related factors.
            (6) One of the essential elements of a sound agricultural
        economy is the ability of the United States to compete in the
        world market.
            (7) Exports of United States agricultural commodities are
        expected to reach nearly $50,000,000,000 in 1995 and contribute
        about $20,000,000,000 to the United States balance of trade.
            (8) Agricultural exports account for over 1,000,000
        American jobs.
            (9) Commodity Credit Corporation outlays for farm programs
        have declined from a high of approximately $26,000,000,000 for
        fiscal year 1986 to less than $9,000,000,000 for fiscal year
        1995, a reduction of over 65 percent that is unique among the
        many mandatory spending programs of the Federal Government.
            (10) According to the Congressional Budget Office, farm
        program outlays are projected to remain below the outlay level
        for fiscal year 1995 for the next 5 years and continue to
        decline by nearly 8 percent, even if no changes are made in
        current law for existing farm programs.
    (b) Policy.--It is the policy of the United States that--
            (1) continued Federal Government support is necessary to
        provide stability for American agricultural producers to--
                    (A) enable the producers to continue to provide
                consumers with a steady and dependable supply of food
                and fiber at fair prices;
                    (B) enhance farmer and rancher profitability;
                    (C) encourage young farmers to stay on the farm;
                    (D) maintain the competitiveness of the United
                States in the world market; and
                    (E) otherwise preserve the underpinnings of a sound
                agricultural economy; and
            (2) reductions in farm program spending should be made in a
        fair and equitable manner in order to meet the objective of
        achieving a balanced budget for the Federal Government in a
        manner consistent with paragraph (1).
    (c) Purpose.--The purpose of this Act is to establish agricultural
price support and production adjustment programs for the 1996 through
2002 crop years that provide a structure for a sound agricultural
economy in a manner consistent with subsection (b).

SEC. 3. SENSE OF CONGRESS ON ENDING THE FEDERAL DEFICIT.

    It is the sense of Congress that--
            (1) the continuation of significant Federal budgetary
        deficits harms the economic well-being of the United States and
        is detrimental to the development of sound, long-term
        agricultural policy;
            (2) agricultural price support and production adjustment
        programs are necessary for the continued economic health of
        United States agriculture, which must compete in international
        markets against subsidized foreign competition; and
            (3) agricultural price support and production adjustment
        programs should be--
                    (A) implemented, to the maximum extent practicable,
                in a manner that is consistent with the primary goal of
                the concurrent resolution on the budget for fiscal year
                1996 (H. Con. Res. 67, agreed to June 29, 1995) to end
                Federal budget deficits; and
                    (B) modified, as necessary, to ensure that the
                programs comply with applicable budget reconciliation
                instructions in the concurrent resolution that are
                designed to end Federal budget deficits, in a manner
                consistent with section 306 of the concurrent
                resolution.

SEC. 4. NONRECOURSE LOANS AND DEFICIENCY PAYMENTS FOR THE 1996 THROUGH
              2002 CROPS OF RICE, UPLAND COTTON, FEED GRAINS, WHEAT,
              AND OILSEEDS.

    (a) Definitions.--For purposes of this section:
            (1) Covered commodities.--The term ``covered commodities''
        means rice, upland cotton, feed grains, wheat, and oilseeds.
            (2) Feed grains.--The term ``feed grains'' means corn,
        grain sorghum, barley, and oats.
            (3) Oilseeds.--The term ``oilseeds'' means soybeans,
        sunflower seeds, canola, rapeseed, safflower, flaxseed, mustard
        seed, and such other oilseeds as the Secretary may determine
        appropriate for inclusion.
    (b) Nonrecourse Loans.--
            (1) Price support loans.--The Secretary shall make
        available to producers on a farm nonrecourse loans for each of
        the 1996 through 2002 crops of each covered commodity at the
        level specified in paragraph (2). Acreage covered shall include
        both mandatory and voluntary flex acres.
            (2) Loan levels.--The loan levels for each covered
        commodity shall be 100 percent of the simple average price
        received by producers of that covered commodity, as determined
        by the Secretary, during the marketing years for the preceding
        5 crops of that covered commodity, excluding the year in which
        the average price was the highest and the year in which the
        average price was the lowest in the period. The Secretary may
        adjust the loan level for a particular covered commodity to
        reflect changes in the market price of that covered commodity.
            (3) Prohibitions.--The Secretary shall not make available a
        marketing loan or loan deficiency payment to any producer on a
        farm for any of the 1996 through 2002 crops of covered
        commodities.
    (c) Deficiency Payments.--
            (1) In general.--The Secretary shall make deficiency
        payments available to producers for each of the 1996 through
        2002 crops of each covered commodity (other than oilseeds) in
        an amount computed by multiplying--
                    (A) the payment rate for the covered commodity;
                    (B) the payment acres for the crop of that covered
                commodity; and
                    (C) the farm program yield for the crop of that
                covered commodity for the farm.
            (2) Payment rate.--
                    (A) Minimum established price.--The minimum
                established price in effect for the 1991 through 1995
                crops of each covered commodity shall continue in
                effect for the 1996 through 2002 crops of that covered
                commodity.
                    (B) Establishment of rate.--The payment rate for
                each of the 1996 through 2002 crops of each covered
                commodity shall be the amount by which the target price
                exceeds the higher of--
                            (i) the loan level established for that
                        covered commodity under subsection (b);
                            (ii) the average market price of that
                        covered commodity.
            (3) Payment acres.--Payment acres for a crop of a covered
        commodity shall equal base acres less idled (set aside) and
        flex (mandatory and optional) acres.
            (4) Elimination of \0/85\ and \50/85\ programs.--The
        Secretary shall discontinue the partial payment programs,
        variously known as \0/85\, \50/85\, \0/92\, and \50/92\,
        effective with crop year 1996.
    (d) Flexibility (`Flex') Program.--The Secretary shall increase
producer planting flexibility--
            (1) by increasing the mandatory flex acreage percentage for
        each covered commodity from 15 percent to 20 percent; and
            (2) by offering producers an additional voluntary increase
        in flex acres of between 10 percent to 25 percent.
    (e) Crop Insurance Requirement.--As a condition for eligibility for
crop loans and deficiency payments under this section, the producers on
a farm shall obtain catastrophic risk protection insurance coverage in
accordance with section 508(b) of the Federal Crop Insurance Act (7
U.S.C. 1508(b)).
    (f) Conforming Repeals.--Sections 101B (rice), 103B (cotton), 105B
(feed grains), 107B (wheat), and 205 (oilseeds) of the Agricultural Act
of 1949 are repealed. The repeal of such sections shall not affect the
authority of the Secretary to carry out a price support or production
adjustment program for any of the 1991 through 1995 crops of a covered
commodity under a provision of law in effect immediately before the
date of the enactment of this Act.

SEC. 5. REVIEW OF STATUS AND FUTURE OF PRODUCTION AGRICULTURE.

    (a) Scope of Review.--The Secretary of Agriculture shall conduct a
comprehensive review of the status and future of production agriculture
and farming communities in the United States and the extent to which
the program changes made by this Act will impact production agriculture
and farming communities in the United States. The review shall include
the following--
            (1) an assessment of the food security situation in the
        United States in the areas of trade, consumer prices,
        international competitiveness of United States production
        agriculture, food supplies, and humanitarian relief;
            (2) an assessment of current and future farm land values
        and agricultural producer incomes;
            (3) an assessment of the extent to which regulatory relief
        for agricultural producers has been enacted and implemented,
        including the application of cost-benefit principles in the
        issuance of agricultural regulations;
            (4) an assessment of the extent to which tax relief for
        agricultural producers has been enacted in the form of capital
        gains tax reductions, estate tax exemptions, and mechanisms to
        average tax loads over high- and low-income years;
            (5) an assessment of any Federal Government interference in
        agricultural export markets, such as the imposition of trade
        embargoes, and the degree of implementation and success of
        international trade agreements;
            (6) identification of the appropriate future relationship
        of the Federal Government with production agriculture after
        2002;
            (7) identification of the long-term goals for production
        agriculture and farming communities in the United States and
        recommendations for actions needed to achieve those goals; and
            (8) an assessment of manpower and infrastructure
        requirements of the Department of Agriculture as the result of
        program changes made by this Act.
    (b) Legislative Proposals.--As part of the comprehensive review
required under subsection (a), the Secretary shall develop specific
legislative proposals to implement any recommendations being made.
    (c) Reports.--The Secretary shall report the findings and
recommendations made under subsection (a) to the President, to the
Committee on Agriculture of the House of Representatives, and to the
Committee on Agriculture, Nutrition, and Forestry of the Senate, not
later than March 31, 1997.
    (d) Hearings.--The Secretary may, for the purpose of carrying out
this section, conduct such hearings and receive such evidence as the
Secretary considers appropriate.
    (e) Assistance From Other Agencies.--The Secretary may secure from
other departments and agencies of the Federal Government such
information as may be necessary to carry out this section.

Summary: Agricultural Equity Act of 1995 - Directs the Secretary of Agriculture to make price support loans and deficiency payments through 2002 for wheat, feed grains, rice, upland cotton, and oilseeds. Provides for increased flex acreage. Requires crop insurance as a condition of program eligibility. Directs the Secretary to review the status and future of production agriculture, including development of related legislative proposals.

Agricultural Equity Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Energy for America Act of
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) rising energy costs and uncertain long term energy
        supplies threaten to undermine the growth of the United States
        economy;
            (2) since 2003, fuel and fertilizer costs have nearly
        doubled for agricultural producers;
            (3) there are continuing and increasing risks to the energy
        security of the United States;
            (4) having an affordable, reliable, and plentiful energy
        supply will strengthen the United States economy and improve
        domestic energy security;
            (5) the agricultural sector can provide a significant
        source of clean, sustainable energy for the United States that
        can reduce the dependence of the United States on imported
        energy and lower energy costs for all people of the United
        States;
            (6) agriculture-based energy--
                    (A) boosts rural economic development;
                    (B) increases farm-based income;
                    (C) creates manufacturing, construction, and
                service jobs;
                    (D) expands economic opportunity for all people;
                and
                    (E) improves environmental quality;
            (7) it is a goal of this Act to help the agricultural
        sector to provide at least 25 percent of the energy consumed in
        the United States by calendar year 2025;
            (8) expanding agriculture-based renewable energy resources
        (including wind, solar, and geothermal energy, ethanol, and
        biodiesel) and improving energy efficiency will help to achieve
        that goal;
            (9) section 9006 of the Farm Security and Rural Investment
        Act of 2002 (7 U.S.C. 8106) established the renewable energy
        systems and energy efficiency improvements program, which is
        the first agricultural program to catalyze broad renewable
        energy and energy efficiency measures for the agricultural and
        rural business sectors;
            (10) since establishment, the program has been a strong
        success, providing during the first 3 years of the program
        nearly $64,000,000 in grants and loan guarantees for 412
        renewable energy and energy efficiency projects in 37 States,
        which leveraged approximately $699,000,000 in additional
        investments in farms and rural communities;
            (11) projects assisted by the grants and loan guarantees
        will--
                    (A) produce or save more than 17,000,000,000,000
                British thermal units of energy each year in the form
                of fuel, electricity, thermal energy, and energy
                efficiency;
                    (B) produce 124,000,000 gallons of ethanol and
                biodiesel fuel annually; and
                    (C) reduce carbon dioxide emissions by more than
                4,000,000 tons annually; and
            (12) applications for assistance under the program--
                    (A) in 2003, nearly matched the available funding
                for the program;
                    (B) in 2004, were nearly twice the available
                funding for the program; and
                    (C) in 2005 and 2006, were nearly triple the
                available funding for the program.

SEC. 3. RURAL ENERGY FOR AMERICA PROGRAM.

    Section 9006 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8106) is amended--
            (1) by striking the section designation and heading and
        inserting the following:

``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.'';

            (2) in subsection (a)--
                    (A) by inserting ``, and issue rebates,'' after
                ``grants''; and
                    (B) by inserting ``rural school districts,'' after
                ``ranchers,''.
            (3) by striking subsection (f);
            (4) by redesignating subsection (e) as subsection (h);
            (5) by inserting after subsection (d) the following:
    ``(e) Production-Based Incentive in Lieu of Grant.--
            ``(1) In general.--In addition to the authority under
        subsection (a), to encourage the production of electricity from
        renewable energy systems, the Secretary shall, on the request
        of an eligible applicant under this section, make production-
        based payments to the applicant in lieu of a grant.
            ``(2) Contingency.--Payments under paragraph (1) shall be
        contingent on documented energy production and sales from the
        renewable energy system to a third party.
            ``(3) Limitation.--The total net present value of a
        production-based incentive may not exceed the lower of--
                    ``(A) 25 percent of the eligible project costs; and
                    ``(B) any other limits that the Secretary
                establishes by rule or guidance.
    ``(f) Feasibility Studies.--
            ``(1) In general.--The Secretary may provide assistance to
        eligible applicants to conduct feasibility studies of projects
        for which assistance may be provided under this section.
            ``(2) Limitation.--The Secretary shall use not more than 10
        percent of funds made available to carry out this section to
        provide assistance described in paragraph (1).
            ``(3) Criteria.--The Secretary shall, by regulation,
        establish criteria for the receipt of assistance under this
        subsection.
            ``(4) Avoidance of duplicative assistance.--An applicant
        that receives assistance to carry out a feasibility study for a
        project under this subsection shall not be eligible for
        assistance to carry out a feasibility study for the project
        under any other provision of Federal law.
            ``(5) Matching funds.--A recipient of funds under this
        subsection shall contribute an amount of non-Federal funds that
        is at least equal to 75 percent of the amount of Federal funds
        received.
    ``(g) Rebate Program.--
            ``(1) In general.--The Secretary shall make competitive
        grants to eligible entities to provide rebates for farmers,
        ranchers, rural school districts, and rural small businesses to
        purchase renewable energy systems and make energy efficiency
        improvements.
            ``(2) Eligible entities.--To be eligible to receive a grant
        under paragraph (1), an entity shall be--
                    ``(A) a State energy or agriculture office;
                    ``(B) a nonprofit State-based energy efficiency or
                renewable energy organization that uses public funds
                provided directly or under contract with a State
                agency;
                    ``(C) any other nonprofit organization with a
                demonstrated ability to administer a State-wide energy
                efficiency or renewable energy rebate program; or
                    ``(D) a consortium of entities described in
                subparagraphs (A) through (C).
            ``(3) Merit review.--
                    ``(A) In general.--The Secretary shall establish a
                merit review process to review applications for grants
                under paragraph (1) that uses the expertise of the
                Department of Agriculture, other Federal and State
                agencies, and non-governmental organizations.
                    ``(B) Requirements.--In reviewing the application
                of an eligible entity to receive a grant under
                paragraph (1), the Secretary shall consider--
                            ``(i) the experience and expertise of the
                        entity in establishing and administering a
                        State-wide clean energy rebate program;
                            ``(ii) the annual projected energy savings
                        or production increases resulting from the
                        proposed program;
                            ``(iii) the environmental benefits
                        resulting from the proposed program; and
                            ``(iv) other appropriate factors, as
                        determined by the Secretary.
            ``(4) Maintenance of effort.--An entity that receives a
        grant under paragraph (1) shall provide assurances to the
        Secretary that funds provided to the entity under this
        subsection will be used to supplement, not to supplant, the
        amount of Federal, State, and local funds otherwise expended
        for rebate programs.
            ``(5) Rebate amount.--The amount of a rebate provided from
        a grant under this subsection shall not exceed the lower of--
                    ``(A) $10,000; or
                    ``(B) 50 percent of the cost incurred to purchase a
                renewable energy system or an energy efficiency
                improvement.''; and
            (6) by adding at the end the following:
    ``(i) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall make available to carry out this section--
            ``(1) $60,000,000 for fiscal year 2008, to remain available
        until expended, of which not more than $12,000,000 shall be
        used to carry out subsection (g);
            ``(2) $90,000,000 for fiscal year 2009, to remain available
        until expended, of which not more than $18,000,000 shall be
        used to carry out subsection (g);
            ``(3) $130,000,000 for fiscal year 2010, to remain
        available until expended, of which not more than $26,000,000
        shall be used to carry out subsection (g);
            ``(4) $180,000,000 for fiscal year 2011, to remain
        available until expended, of which not more than $36,000,000
        shall be used to carry out subsection (g); and
            ``(5) $250,000,000 for fiscal year 2012, to remain
        available until expended, of which not more than $50,000,000
        shall be used to carry out subsection (g).''.

SEC. 4. SENSE OF THE SENATE ON A DIRECT LOAN PROGRAM IN SECTION 9006.

    It is the sense of the Senate that--
            (1) as authorized by section 9006 of the Farm Security and
        Rural Investment Act of 2002 (7 U.S.C. 8106), the Secretary of
        Agriculture should implement a direct loan program to
        complement the grants provided under that section; and
            (2) as appropriate, the Secretary should model the direct
        loan program on the loan program established under section 503
        of the Small Business Investment Act of 1958 (15 U.S.C. 697).

Summary: Rural Energy for America Act of 2006 - Amends the Farm Security and Rural Investment Act of 2002 to rename the renewable energy systems and energy efficiency improvements program as the rural energy for America program (REAP). Makes rural school districts eligible for REAP. Authorizes: (1) production-based incentives in lieu of grants for electricity production from renewable energy systems contingent upon third-party sales. And (2) matching assistance for feasibility studies. Directs the Secretary of Agriculture to make grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. Defines eligible entities as: (1) a state energy or agriculture office. (2) a nonprofit state-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a state agency. (3) any other nonprofit organization with a demonstrated ability to administer a statewide energy efficiency or renewable energy rebate program. Or (4) a consortium of such entities. Limits rebates to the lower of $10,000 or 50 of the cost to purchase a renewable energy system or an energy efficiency improvement. Extends REAP funding through FY 2012 with set-asides for the rebate program. Expresses the sense of the Senate that the Secretary should implement a direct loan program to complement REAP grants.

A bill to enhance and improve the energy security of the United States, expand economic development, increase agricultural income, and improve environmental quality by reauthorizing and improving the renewable energy systems and energy efficiency improvements program of the Department of Agriculture through fiscal year 2012, and for other purposes.


SECTION 1. PRIVATIZATION OF WASTE CLEANUP AND MODERNIZATION ACTIVITIES
              OF DEFENSE NUCLEAR FACILITIES.

    (a) Contract Authority.--Notwithstanding any other law, the
Secretary of Energy may enter into 1 or more long-term contracts for
the procurement, from a facility located within 25 miles of a current
or former Department of Energy defense nuclear facility, of products
and services that are determined by the Secretary to be necessary to
support waste cleanup and modernization activities at such facilities,
including the following services and related products:
            (1) Waste remediation and environmental restoration,
        including treatment, storage, and disposal.
            (2) Technical services.
            (3) Energy production.
            (4) Utility services.
            (5) Effluent treatment.
            (6) General storage.
            (7) Fabrication and maintenance.
            (8) Research and testing.
    (b)  Contract Provisions.--A contract under subsection (a)--
            (1) shall be for a term of not more than 30 years;
            (2) shall include options for 2 10-year extensions of the
        contract;
            (3) when nuclear or hazardous material is involved, shall
        include an agreement to--
                    (A) provide indemnification pursuant to section
                170d. of the Atomic Energy Act of 1954 (42 U.S.C.
                2210(d));
                    (B) indemnify, protect, and hold harmless the
                contractor from and against all liability, including
                liability for legal costs, relating to any preexisting
                conditions at any part of the defense nuclear facility
                managed under the contract;
                    (C) indemnify, protect, and hold harmless the
                contractor from and against all liability to third
                parties, including liability for legal costs, relating
                to claims for personal injury, illness, property
                damage, and consequential damages; and
                    (D) provide for indemnification of subcontractors
                as described in subparagraphs (A), (B), and (C);
            (4) shall permit the contractor (in accordance with Federal
        law) to obtain a patent for and use for commercial purposes a
        technology developed by the contractor in the performance of
        the contract;
            (5) shall not provide for payment to the contractor of cost
        plus a percentage of cost or cost plus a fixed fee; and
            (6) shall include such other terms and conditions as the
        Secretary of Energy considers appropriate to protect the
        interests of the United States.
    (c) Preference for Local Residents.--In entering into contracts
under subsection (a), the Secretary of Energy shall give preference,
consistent with Federal, State, and local law, to entities that plan to
hire, to the maximum extent practicable, residents of the vicinity of
the Department of Energy defense nuclear facility concerned and to
persons who have previously been employed by the Department of Energy
or its private contractor at the facility.
    (d) Subsequently Enacted Requirements.--
            (1) Definition.--In this subsection, the term ``applicable
        requirement'' means a requirement in an Act of Congress or
        regulation that applies specifically to activities described in
        subsection (a).
            (2) Increased costs.--
                    (A) In general.--A contractor under a contract
                under subsection (a) shall be exempt from an applicable
                requirement that would increase the cost of performing
                the contract that is--
                            (i) imposed by regulation by a Federal,
                        State, or local governmental agency after the
                        date on which the contract is entered into
                        unless the regulation is issued under an Act of
                        Congress described in the exception stated in
                        clause (ii); or
                            (ii) imposed by an Act of Congress enacted
                        after the date of enactment of this Act, except
                        an Act of Congress that refers to this
                        paragraph and explicitly states that it is the
                        intent of Congress to subject such a contractor
                        to the requirement.
                    (B) Amendment of contract.--In the case of
                enactment of an Act of Congress described in the
                exception stated in subparagraph (A)(ii), the Secretary
                of Energy and the contractor shall negotiate an
                amendment to a contract under subsection (a) providing
                full compensation to the contractor for the increased
                cost incurred in order to comply with any additional
                requirement of law.
            (3) Reduced costs.--
                    (A) In general.--A contractor under a contract
                under subsection (a) may elect to be governed by a
                change in a requirement that would reduce the cost of
                performing the contract that is--
                            (i) adopted by regulation by a Federal,
                        State, or local governmental agency after the
                        date on which the contract is entered into,
                        unless the change is made pursuant to an Act of
                        Congress that refers to this paragraph and
                        explicitly states that it is the intent of
                        Congress to continue to subject such a
                        contractor to that requirement, as in effect
                        prior to the date of enactment of that Act of
                        Congress; or
                            (ii) enacted by an Act of Congress enacted
                        after the date of enactment of this Act, except
                        an Act of Congress that refers to this
                        paragraph and explicitly states that it is the
                        intent of Congress to continue to subject such
                        a contractor to that requirement, as in effect
                        prior to the date of enactment of that Act of
                        Congress.
                    (B) Amendment of contract.--In the case of a change
                in a requirement that is to be applied to a contractor
                that will reduce the cost of performing the contract,
                the Secretary of Energy and the contractor shall
                negotiate an amendment to a contract under subsection
                (a) providing for a reduction in the amount of
                compensation to be paid to the contractor commensurate
                with the amount of any reduction in costs resulting
                from the change.
    (e) Payment of Balance of Unamortized Costs.--
            (1) Definition.--In this subsection, the term ``special
        facility'' means land, a depreciable building, structure, or
        utility, or depreciable machinery, equipment, or material that
        is not supplied to a contractor by the Department of Energy.
            (2) Contract term.--A contract under subsection (a) may
        provide that if the contract is terminated for the convenience
        of the Government, the Secretary of Energy shall pay the
        unamortized balance of the cost of any special facility
        acquired or constructed by the contractor for performance of
        the contract.
            (3) Source of funds.--The Secretary of Energy may make a
        payment under a contract term described in paragraph (2) and
        pay any other costs assumed by the Secretary as a result of the
        termination out of any appropriations that are available to the
        Department of Energy for operating expenses for the fiscal year
        in which the termination occurs or for any subsequent fiscal
        year.
    (f) Lease of Federally Owned Land.--
            (1) In general.--Notwithstanding any other provision of
        law, the Secretary of Energy may lease federally owned land at
        a current or former Department of Energy defense nuclear
        facility to a contractor in order to provide for or to
        facilitate the construction of a facility in connection with a
        contract under subsection (a).
            (2) Term.--The term of a lease under this paragraph shall
        be the lesser of--
                    (A) the expected useful life of the facility to be
                constructed; or
                    (B) the term of the contract.
            (3) Terms and conditions.--A lease under paragraph (1)
        shall--
                    (A) require the contractor to pay rent in amounts
                that the Secretary of Energy considers to be
                appropriate; and
                    (B) include such other terms and conditions as the
                Secretary of Energy considers to be appropriate.
    (g) Nuclear Standards.--The Secretary of Energy shall, whenever
practicable, consider applying commercial nuclear standards to a
facility used in the performance of a contract under subsection (a).
    (h) Limitation on Liability.--
            (1) Definitions.--In this subsection, the terms ``hazardous
        substance'', ``pollutant or contaminant'', ``release'', and
        ``response'' have the meanings stated in section 101 of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601).
            (2) In general.--A contractor under a contract under
        subsection (a) or a subcontractor of the contractor shall not
        be liable under Federal, State, or local law for any injury,
        cost, damage, expense, or other relief on a claim by any person
        for death, personal injury, illness, loss of or damage to
        property, or economic loss caused by a release or threatened
        release of a hazardous substance or pollutant or contaminant
        during performance of the contract unless the release or
        threatened release is caused by conduct of the contractor or
        subcontractor that is negligent or that constitutes intentional
        misconduct.
            (3) Repose.--No action (including an action for
        contribution or indemnity) to recover for damage to real or
        personal property, economic loss, personal injury, illness,
        death, or other expense or cost arising out of the performance
        under this section of a response action under a contract under
        subsection (a) may be brought against the contractor (or
        subcontractor of the contractor) under Federal, State, or local
        law after the date that is 6 years after the date of
        substantial completion of the response action.

SEC. 2. PREFERENCE AND ECONOMIC DIVERSIFICATION FOR COMMUNITIES AND
              LOCAL RESIDENTS.

    (a) Definition.--In this section, the term ``qualifying Department
of Energy site'' means a site that contains at least 1 current or
former Department of Energy defense nuclear facility for which the
Secretary of Energy is required by section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) to develop a
plan for restructuring the work force.
    (b) Preference.--In entering into a contract with a private entity
for products to be acquired or services to be performed at a qualifying
Department of Energy site, the Secretary of Energy and contractors
under the Secretary's supervision shall, to the maximum extent
practicable, give preference to an entity that is otherwise qualified
and within the competitive range (as determined under section 15.609 of
title 48, Code of Federal Regulations, or a successor regulation, as in
effect on the date of the determination) that plans to--
            (1) provide products and services originating from
        communities within 25 miles of the site;
            (2) hire residents living in the vicinity of the site,
        especially dislocated site workers, to perform the contract;
        and
            (3) invest in value-added activities in the vicinity of the
        site to mitigate adverse economic development impacts resulting
        from closure or restructuring of the site.
    (c) Applicability.--Preference shall be given under subsection (b)
only with respect to a contract for an environmental management and
restoration activity that is entered into after the date of enactment
of this Act.
    (d) Termination.--This section shall expire on September 30, 1999.

Summary: Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity that plans to: (1) provide products and services originating from communities within 25 miles of the site. (2) hire residents living in the site's vicinity to perform the contract. And (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.

A bill to authorize the Secretary of Energy to enter into privatization arrangements for activities carried out in connection with defense nuclear facilities, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``College Literacy in Finance and
Economics Act of 2011'' or the ``College LIFE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Student borrowing is widespread in higher education,
        and more than $100,000,000,000 in Federal education loans are
        originated each year. In 2008, 62 percent of recipients of a
        baccalaureate degree graduated with student debt.
            (2) Forty-eight percent of students at 4-year public
        institutions of higher education borrow money to pay for
        college, as do 57 percent of students at 4-year private
        institutions of higher education, and 96 percent of students at
        for-profit institutions of higher education.
            (3) In 2008, 92 percent of Black students, 85 percent of
        Hispanic students, 85 percent of American Indian/Alaska Native
        students, 82 percent of multi-racial students, 80 percent of
        Native Hawaiian/Pacific Islander students, 77 percent of White
        students, and 68 percent of Asian students received financial
        aid.
            (4) Students depart from institutions of higher education
        with significant debt. In 2008, the average student loan debt
        among graduates of institutions of higher education was
        $23,186, and 1 in 10 recipients of a baccalaureate degree
        graduated with at least $40,000 in debt. In 2008, 57 percent of
        recipients of a baccalaureate degree from a for-profit
        institution of higher education owed more than $30,000, and the
        median amount of debt was $32,700. Since 2003, the average
        cumulative debt among students at institutions of higher
        education has increased by 5.6 percent each year.
            (5) Students enrolled in for-profit institutions of higher
        education account for 47 percent of all student loan defaults,
        despite representing approximately 10 percent of all students
        enrolled in institutions of higher education. Since 2003, the
        national cohort default rate has increased from 4.5 percent to
        7 percent.
            (6) Students rely on access to credit. Fifty-six percent of
        dependent students at institutions of higher education had a
        credit card in their own name in 2004. The average credit card
        balance among such students who were carrying a balance on
        their cards was $2,000.
            (7) According to the National Foundation for Credit
        Counseling, the majority of adults (56 percent of adults in the
        United States, or 127,000,000 people) do not have a budget or
        keep close track of expenses or spending.
            (8) According to a 2009 National Bankruptcy Research Center
        study, consumers who received financial education through pre-
        bankruptcy counseling had 27.5 percent fewer delinquent
        accounts and remained current on their accounts for 29 percent
        longer than consumers who did not receive such counseling.
            (9) According to the Financial Industry Regulatory
        Authority Investor Education Foundation, less than \1/3\ of
        young adults (ages 18 to 29) set aside emergency savings to
        weather unexpected financial challenges.
            (10) According to a Jump$tart Coalition for Personal
        Financial Literacy survey, 62 percent of high school students
        cannot pass a basic personal finance exam, and financial
        literacy scores among future higher education students are low.
            (11) According to research by the National Endowment for
        Financial Education and the University of Arizona, schools are
        the institutions that students trust most to help increase
        their knowledge of personal finance.

SEC. 3. FINANCIAL LITERACY COUNSELING.

    Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
    ``(n) Financial Literacy Counseling.--
            ``(1) In general.--Each eligible institution shall provide
        financial literacy counseling to borrowers in accordance with
        the requirements of this subsection, through--
                    ``(A) financial aid offices;
                    ``(B) an employee or group of employees designated
                under subsection (c); or
                    ``(C) a contract or partnership with a nonprofit
                organization that has substantial experience developing
                or administering financial literacy and economic
                education curricula, which may include an organization
                that has received grant funding under the Excellence in
                Economic Education Act of 2001 (20 U.S.C. 7267 et
                seq.).
            ``(2) Entrance and exit counseling required.--
                    ``(A) In general.--Financial literacy counseling,
                as required under this subsection, shall be provided to
                borrowers on the following 2 occasions:
                            ``(i) Entrance counseling.--Such counseling
                        shall be provided not later than 45 days after
                        the first disbursement of a borrower's first
                        loan that is made, insured, or guaranteed under
                        part B, made under part D, or made under part
                        E.
                            ``(ii) Exit counseling.--Such counseling
                        shall be provided, in addition to the
                        counseling provided under clause (i), prior to
                        the completion of the course of study for which
                        the borrower enrolled at the institution or at
                        the time of departure from such institution, to
                        each borrower of a loan that is made, insured,
                        or guaranteed under part B, made under part D,
                        or made under part E.
                    ``(B) Exceptions.--The requirements of subparagraph
                (A) shall not apply to borrowers of--
                            ``(i) a loan made, insured, or guaranteed
                        pursuant to section 428C;
                            ``(ii) a loan made, insured, or guaranteed
                        on behalf of a student pursuant to section
                        428B; or
                            ``(iii) a loan made under part D that is a
                        Federal Direct Consolidation Loan or a Federal
                        Direct PLUS loan made on behalf of a student.
                    ``(C) Minimum counseling requirements.--Such
                financial literacy counseling shall include a total of
                not less than 4 hours of counseling on the occasion
                described in subparagraph (A)(i), and an additional
                period of not less than 4 hours of counseling on the
                occasion described in subparagraph (A)(ii). A total of
                not more than 2 hours of counseling for each of the
                occasions described in subparagraph (A) shall be
                provided electronically.
                    ``(D) Early departure.--Notwithstanding
                subparagraph (C), if a borrower leaves an eligible
                institution without the prior knowledge of such
                institution, the institution shall attempt to provide
                the information required under this subsection to the
                student in writing.
            ``(3) Information to be provided.--Financial literacy
        counseling, as required under this subsection, shall include
        information on the following:
                    ``(A) Student financial aid, including--
                            ``(i) general information about educational
                        loans, grants, tax credits, and scholarships;
                            ``(ii) the difference between grants,
                        scholarships, and loans, the difference between
                        Federal loans under this title and private
                        educational loans, and the difference between
                        loans under this title and other loan products;
                        and
                            ``(iii) information about educational loan
                        management, including repayment, deferment,
                        consolidation, cancellation, discharge, and
                        defaults.
                    ``(B) Banking basics, including--
                            ``(i) the types of financial institutions;
                            ``(ii) the roles, purposes, and uses of
                        mainstream financial institutions; and
                            ``(iii) the fundamentals of opening, using,
                        and managing basic savings and checking
                        accounts, including common rates, fees, and
                        borrower pitfalls.
                    ``(C) Budgeting and saving, including--
                            ``(i) the main components of a budget;
                            ``(ii) designating and prioritizing income,
                        expenses, and personal expenditures; and
                            ``(iii) developing and maintaining matching
                        goals and savings plans.
                    ``(D) Credit and debt management, including
                responsible use of credit and the pitfalls of credit
                card debt.
                    ``(E) Credit cards and other common credit products
                (such as debit cards, student loan debit and refund
                cards, charge cards, pre-paid cards, and secured cards
                linked to checking accounts), including--
                            ``(i) features, terms, and conditions of
                        credit agreements;
                            ``(ii) responsible use of such cards and
                        products;
                            ``(iii) repayment; and
                            ``(iv) the consequences of making only
                        required minimum payments.
                    ``(F) Investing, including--
                            ``(i) common investment products;
                            ``(ii) establishing investment goals (such
                        as education, homeownership, wealth building,
                        and retirement);
                            ``(iii) risks and benefits of investing;
                        and
                            ``(iv) assessing and establishing risk
                        tolerance.
                    ``(G) Credit scores, including--
                            ``(i) functions and uses of credit scores;
                            ``(ii) calculation of credit scores;
                            ``(iii) factors that may improve or worsen
                        credit scores; and
                            ``(iv) how to build a strong credit
                        history.
                    ``(H) Housing, including information on--
                            ``(i) renting;
                            ``(ii) pre-homeownership education (such as
                        assessing homeownership readiness and
                        capability); and
                            ``(iii) the basics of mortgage borrowing
                        (such as common mortgage products and
                        qualifying for and obtaining a mortgage).
                    ``(I) Taxes, including--
                            ``(i) tax filing and planning; and
                            ``(ii) the tax consequences of financial
                        decisions (such as placing an investment or
                        purchasing a home).
                    ``(J) Responsible financial decision making,
                including identifying and analyzing costs, benefits,
                economic incentives, and alternatives.
            ``(4) Use of interactive programs.--The Secretary may
        encourage institutions to carry out the requirements of this
        subsection through the use of interactive programs that test
        the borrower's understanding of the financial literacy
        information provided through counseling under this subsection,
        using simple and understandable language and clear formatting.
            ``(5) Model financial literacy counseling curriculum.--Not
        later than 1 year after the date of enactment of the College
        Literacy in Finance and Economics Act of 2011, the Secretary
        shall develop a curriculum in accordance with the requirements
        of paragraph (3), which eligible institutions may use to
        fulfill the requirements of this subsection. In developing such
        curriculum, the Secretary may consult with members of the
        Financial Literacy and Education Commission.''.

Summary: College Literacy in Finance and Economics Act of 2011 or College LIFE Act - Amends title IV of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide student borrowers under the Federal Family Education Loan, Direct Loan, and Perkins Loan programs with financial literacy counseling within 45 days of their first receipt of such a loan and prior to the completion of their studies or when they leave school. Requires student borrowers to receive at least four hours of counseling on each occasion. Makes such counseling requirements inapplicable to borrowers of consolidation loans. Requires financial literacy counseling to include information on student financial aid, banking, budgeting and saving, credit and debt management, credit cards and products, investing, credit scores, housing, taxes, and responsible financial decision making. Directs the Secretary of Education to develop a curriculum that IHEs may use to fulfill this Act's requirements.

To require financial literacy and economic education counseling for student borrowers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fraud Enforcement and
Prevention Act of 2013''.

SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID
              FRAUD.

    (a) In General.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended--
            (1) in subsection (a), by striking ``$10,000 or imprisoned
        for not more than one year'' and inserting ``$20,000 or
        imprisoned for not more than two years''; and
            (2) in each of subsections (a), (b)(1), (b)(2), (c), and
        (d), by striking ``$25,000 or imprisoned for not more than five
        years'' and inserting ``$50,000 or imprisoned for not more than
        10 years''.
    (b) Illegal Distribution of Medicare or Medicaid Beneficiary
Identification or Billing Privileges.--Section 1128B of the Social
Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the
following new subsection:
    ``(h) Whoever knowingly purchases, sells, or unlawfully
distributes, or arranges for the purchase, sale, or unlawful
distribution of two or more Medicare or Medicaid beneficiary
identification numbers or billing privileges under title XVIII or title
XIX shall be imprisoned for not more than 10 years or fined under title
18, United States Code (or, if greater, an amount equal to the monetary
loss to the Federal and any State government as a result of such acts),
or both.''.
    (c) Effective Date.--The amendments made by this section shall
apply to acts committed on or after the date of the enactment of this
Act.

SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID
              FRAUD.

    (a) Civil Monetary Penalties Law Alignment and Other Changes.--
            (1) Section 1128A(a) of the Social Security Act (42 U.S.C.
        1320a-7a(a)) is amended--
                    (A) in paragraph (1), by striking ``to an officer,
                employee, or agent of the United States, or of any
                department or agency thereof, or of any State agency
                (as defined in subsection (i)(1)),'';
                    (B) by inserting after paragraph (10), as added by
                section 6402(d)(2) of the Patient Protection and
                Affordable Care Act (Public Law 111-148) the following
                new paragraphs:
            ``(11) conspires to commit a violation of this section; or
            ``(12) knowingly makes, uses, or causes to be made or used,
        a false record or statement material to an obligation to pay or
        transmit money or property to a Federal health care program, or
        knowingly conceals or knowingly and improperly avoids or
        decreases an obligation to pay or transmit money or property to
        a Federal health care program;'';
                    (C) in the first sentence--
                            (i) by striking ``or in cases under
                        paragraph (9)'' and inserting ``in cases under
                        paragraph (9)''; and
                            (ii) by striking ``fact)'' and inserting
                        ``fact), in cases under paragraph (11), $50,000
                        for any violation described in this section
                        committed in furtherance of the conspiracy
                        involved, and in cases under paragraph (12),
                        $50,000 for each false record or statement, or
                        concealment, avoidance, or decrease''; and
                    (D) in the second sentence, by striking ``material
                fact).'' and inserting ``material fact); or in cases
                under paragraph (11), an assessment of not more than 3
                times the total amount that would otherwise apply for
                any violation described in this section committed in
                furtherance of the conspiracy involved; or in cases
                under paragraph (12), an assessment of not more than 3
                times the total amount of the obligation to which the
                false record or statement was material or that was
                avoided or decreased.''.
            (2) Section 1128A(c)(1) of the Social Security Act (42
        U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and
        inserting ``10 years''.
            (3) Section 1128A(i) of the Social Security Act (42 U.S.C.
        1320a-7a(i)) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) The term `claim' means any application, request, or
        demand, whether under contract, or otherwise, for money or
        property for items and services under a Federal health care
        program (as defined in section 1128B(f)), whether or not the
        United States or a State agency has title to the money or
        property, that--
                    ``(A) is presented or caused to be presented to an
                officer, employee, or agent of the United States, or of
                any department or agency thereof, or of any State
                agency (as defined in subsection (i)(1)); or
                    ``(B) is made to a contractor, grantee, or other
                recipient if the money or property is to be spent or
                used on the Federal health care program's behalf or to
                advance a Federal health care program interest, and if
                the Federal health care program--
                            ``(i) provides or has provided any portion
                        of the money or property requested or demanded;
                        or
                            ``(ii) will reimburse such contractor,
                        grantee, or other recipient for any portion of
                        the money or property which is requested or
                        demanded.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) The term `item or service' means, without limitation,
        any medical, social, management, administrative, or other item
        or service used in connection with or directly or indirectly
        related to a Federal health care program.'';
                    (C) in paragraph (7)--
                            (i) by striking ``term `should know'
                        means'' and inserting ``terms `knowing',
                        `knowingly', and `should know' mean'';
                            (ii) by redesignating subparagraphs (A) and
                        (B) as subparagraphs (B) and (C), respectively;
                            (iii) by inserting before subparagraph (B),
                        as redesignated by clause (ii), the following
                        new subparagraph:
                    ``(A) has actual knowledge of the information;'';
                and
                            (iv) in the matter following subparagraph
                        (C), as redesignated by clause (ii)--
                                    (I) by inserting ``require'' after
                                ``and''; and
                                    (II) by striking ``is required'';
                                and
                    (D) by adding at the end the following new
                paragraphs:
            ``(8) The term `obligation' means an established duty,
        whether or not fixed, arising from an express or implied
        contractual, grantor-grantee, or licensor licensee
        relationship, from a fee-based or similar relationship, from
        statute or regulation, or from the retention of any
        overpayment.
            ``(9) The term `material' means having a natural tendency
        to influence, or be capable of influencing, the payment or
        receipt of money or property.''.
    (b) Exclusion of Responsible Corporate Officials.--Section 1128(b)
of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by
striking clauses (i) and (ii) of paragraph (15)(A) and inserting the
following:
                            ``(i) who has or had a direct or indirect
                        ownership or control interest in a sanctioned
                        entity at the time of and who knew or should
                        have known (as defined in section 1128(i)(7))
                        of any of the conduct that formed a basis for
                        the conviction or exclusion described in
                        subparagraph (B); or
                            ``(ii) who is or was an officer or managing
                        employee (as defined in section 1126(b)) of
                        such an entity at the time of any of the
                        conduct that formed a basis for the conviction
                        or exclusion so described.''.
    (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the
Social Security Act (42 U.S.C. 1395y) is amended by striking ``may''
and inserting ``shall''.
    (d) Civil Monetary Penalties for False Statements or Delaying
Inspections.--Paragraph (9) of section 1128A(a) of the Social Security
Act (42 U.S.C. 1320a-7a(a)) is amended by inserting ``or to timely
provide information in response to a request authorized by section
1128J(b),'' after ``regulations),''.

SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC
              TECHNOLOGY STUDY.

    (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395cc(j)(2)(B)(ii)) is amended by striking
``may'' and inserting ``shall''.
    (b) Access to Real Time Claims and Payment Data.--Section
1128J(a)(2) of the Social Security Act is amended--
            (1) by inserting ``including real time claims and payment
        data,'' after ``access to claims and payment data''; and
            (2) by adding at the end the following sentence: ``In
        carrying out this section, the Inspector General of the
        Department of Health and Human Services, in consultation with
        the Attorney General, shall implement mechanisms for the
        sharing of information about suspected fraud relating to the
        Federal health care programs under titles XVIII, XIX, and XXI
        with other appropriate law enforcement officials.''.
    (c) Study on Use of Biometric Technology.--
            (1) In general.--The Secretary of Health and Human Services
        shall provide for a study that analyzes the feasibility and
        benefits in reducing waste, fraud, and abuse of carrying out a
        program (in this subsection referred to as a ``biometric
        technology program'') that implements biometric technology to
        ensure that individuals entitled to benefits under part A of
        title XVIII of the Social Security Act or enrolled under part B
        of such title are physically present at the time and place of
        receipt of certain items and services (specified by the
        Secretary) for which payment may be made under such title. Such
        a program may provide for financial incentives to encourage
        voluntary participation of providers of services (as defined in
        section 1861(u) of such Act) and suppliers (as defined in
        section 1861(d) of such Act).
            (2) Report.--Not later than 6 months after the date of the
        enactment of this Act, the Secretary shall submit to the
        Congress a report on the study conducted under paragraph (1).
        Such report shall include an analysis of the likely
        effectiveness of a biometric technology program on reducing
        waste, fraud, and abuse under the Medicare program and may
        include recommendations with regard to whether such a program,
        on a pilot or other basis, should be implemented.

Summary: Medicare Fraud Enforcement and Prevention Act of 2013 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims. And (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made.