SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Swine Waste Infrastructure and
Natural Environment Act'' or the ``SWINE Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Animal agricultural production represents an important
        part of our Nation's economy and a critical source of income
        for hundreds of thousands of American families.
            (2) Animal agricultural production facilities, including
        combined animal feeding operations (CAFOs), produce millions of
        tons of animal waste annually, the management and disposal of
        which represents an integral part of the animal agricultural
        production process.
            (3) Traditional methods of animal waste disposal,
        especially those associated with ``lagoon and spray-field''
        systems, have been shown by federally funded research to result
        in negative environmental and social externalities, including
        contamination of soil, groundwater, and surface water with
        nitrogen, contamination of air with ammonia, and other threats
        to animal and human health.
            (4) During severe weather events, the risk of negative
        externalities can become particularly acute, as ``lagoons''
        have the potential to overflow or breach their walls and flood
        surrounding communities and waterways with unprocessed animal
        waste.
            (5) In the Southeastern United States, combined animal
        feeding operations dedicated to the production of swine are
        disproportionately located in low-income communities.
            (6) In recent decades, collaborative research and
        development efforts by industry, academia, and the public
        sector have produced numerous superior waste management and
        disposal technologies that have been shown to significantly
        reduce the negative environmental and social externalities
        associated with ``lagoon and spray-field'' systems and, in some
        cases, produce value-added byproducts that can generate new
        revenue for producers.
            (7) The widespread adoption of superior waste management
        and disposal technologies has been inhibited by various social
        and economic factors, including the cost to producers of
        installing and operating such systems.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the conversion of existing ``lagoon and spray-field''
        systems into superior waste management and disposal systems
        would produce significant benefits to the environment and
        public health, including more sustainable agricultural
        operations, improved animal health, and improved resilience
        against severe weather events, and should thus be a goal of
        national policy; and
            (2) the approval of new animal agricultural production
        facilities by Federal or State authorities should be made
        contingent on the adoption of superior waste management and
        disposal systems, as has already occurred in some States.

SEC. 3. ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL TECHNOLOGIES.

    (a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Agriculture shall establish a
program for certifying environmentally sustainable swine waste disposal
technologies in accordance with this section.
    (b) Standards.--
            (1) Requirements.--In establishing the program under this
        section, the Secretary shall establish standards requiring that
        a swine waste disposal technology, in order to be certified
        under this section--
                    (A) eliminate animal discharge into surface waters
                and groundwater through direct discharge, seepage, or
                runoff;
                    (B) substantially eliminate atmospheric emissions
                of ammonia from swine waste;
                    (C) substantially eliminate the emission of odor
                from swine waste that is detectable beyond the
                boundaries of the parcel or tract of land on which the
                swine farm is located;
                    (D) substantially eliminate the release of disease-
                transmitting vectors and airborne pathogens from swine
                waste;
                    (E) substantially eliminate nutrient and heavy
                metal contamination of soil and groundwater from swine
                waste; and
                    (F) be cost-effective.
            (2) Cost-effectiveness.--In determining whether a
        technology is cost-effective under this section, the
        Secretary--
                    (A) shall consider the full range of subsidies
                available under this Act and other Federal programs,
                and available State and private-sector support;
                    (B) in considering the costs of a technology, may
                include costs associated with adoption of the
                technology and the estimated operation and maintenance
                costs of the technology through the life of technology;
                and
                    (C) may not require parity with the cost of
                existing swine waste disposal technologies and systems.
            (3) Consultation.--In establishing standards under this
        paragraph, the Secretary shall consult with the Administrator
        of the Environmental Protection Agency, the relevant task force
        established under section 1672A of the Food, Agriculture,
        Conservation, and Trade Act of 1990, and States that have a
        history of widespread use of lagoon and spray technology on
        swine farms.
    (c) Certification.--
            (1) In general.--The Secretary, in consultation with the
        Administrator of the Environmental Protection Agency and the
        relevant task force established under section 1672A of the
        Food, Agriculture, Conservation, and Trade Act of 1990, shall
        certify a swine waste disposal technology as being
        environmentally sustainable if it meets the standards
        established under subsection (b).
            (2) Eligible technologies.--Swine waste disposal
        technologies that are eligible for certification under this
        subsection include stand-alone waste disposal technology
        platforms and multi-part systems, which may incorporate in-
        ground technology, that meet or exceed, in combination, the
        standards established under this section, as determined by the
        Secretary.

SEC. 4. STATE PERMITTING AND CERTIFICATION REQUIREMENTS.

    Beginning on the effective date of the standards established under
section 2, no State may issue a permit pursuant to any Federal law to a
swine farm that is a concentrated animal feeding operation (as defined
in section 122.23 of title 40, Code of Federal Regulations) unless the
swine farm disposes of swine waste only through use of swine waste
disposal technology certified under section 3(c).

SEC. 5. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.

    (a) In General.--Title XVI of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5801 et seq.) is amended by inserting
after section 1672 (7 U.S.C. 5925) the following new section:

``SEC. 1672A. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.

    ``(a) Competitive Research and Extension Grants Authorized.--The
Secretary shall make competitive grants to support research and
extension activities specified in subsection (c). The Secretary shall
make the grants in consultation with the National Agricultural
Research, Extension, Education, and Economics Advisory Board and the
task force appointed under subsection (b)(2)(A).
    ``(b) Administration.--
            ``(1) In general.--Paragraphs (4) and (7) of subsection (b)
        of the Competitive, Special, and Facilities Research Grant Act
        (7 U.S.C. 450i) shall apply with respect to the making of
        grants under this section.
            ``(2) Use of task forces.--
                    ``(A) In general.--To facilitate the making of
                research and extension grants under this section for
                the purpose specified in subsection (c), the Secretary
                shall appoint a task force to make recommendations to
                the Secretary.
                    ``(B) Composition.--A task force established under
                subparagraph (A) shall be composed of representatives
                of each of the following entities:
                            ``(i) Colleges and universities.
                            ``(ii) The Department of Agriculture.
                            ``(iii) The Environmental Protection
                        Agency.
                            ``(iv) The swine production industry.
                            ``(v) A nonprofit organization focused on
                        the environmental effects of swine farm
                        operations.
                            ``(vi) A nonprofit organization focused on
                        the social effects of swine farm operations.
    ``(c) Environmentally Superior Swine Waste Management Technologies
Research and Extension.--Research and extension grants may be made
under this section, with respect to swine waste management technologies
certified under section 3(c) of the SWINE Act, for the purpose of
identifying, evaluating, and demonstrating environmentally superior
waste management technologies for the processing of swine waste.
    ``(d) Priority.--Following the completion of a peer review process
for grant proposals received under this section, the Secretary shall
give priority to those grant proposals that involve one or more of the
following:
            ``(1) The cooperation of multiple entities.
            ``(2) States or regions with a high concentration of spray
        field and lagoon operations.
            ``(3) A reduction in water usage.
            ``(4) The reduction of ammonia and odor emissions, disease-
        transmitting vectors, airborne pathogens, and nutrient and
        heavy metal contamination that exceed the standards established
        for swine waste management technologies certified under section
        3(c) of the SWINE Act with respect to such reduction.
            ``(5) Significant improvement of the health of swine.
            ``(6) The generation of electricity.
            ``(7) Significant increases in nutrient recovery and
        fertilizer production.
            ``(8) Alternative uses of swine waste and the generation of
        renewable energy using such waste, including innovative methods
        and technologies to allow agricultural operators to make use of
        swine waste, such as use as fertilizer, methane digestion,
        composting, and other useful byproducts.
            ``(9) Maximizing nutrition management for swine while
        limiting the risks associated with swine feeding practices
        (such as mineral bypass).
            ``(10) Improvements to water quality and aquatic
        ecosystems, including with respect to mitigating the impact of
        microorganisms of the genus Pfiesteria and other microorganisms
        that are a threat to human or animal health on aquatic food
        webs, especially commercially important aquatic species and
        their habitats.
            ``(11) The advancement of efforts of the Department of
        Agriculture to reduce and eliminate antibiotics in livestock.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2018 through 2028.''.
    (b) Confirming Availability of Pork Promotion Funding.--Section
1620(c)(3)(B)(i) of the Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4809(c)(3)(B)(i)) is amended by
inserting before the semicolon the following: ``, including grants
awarded under section 1672A of the Food, Agriculture, Conservation, and
Trade Act of 1990''.

SEC. 6. ELIGIBILITY OF ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL
              TECHNOLOGIES UNDER EQIP.

    For purposes of section 1240A(4) of the Food Security Act of 1985
(16 U.S.C. 3839aa-1(4)), the installation and maintenance on a swine
farm of a swine waste disposal technology certified under section 3(c)
of this Act shall be considered an improvement to eligible land of a
producer that is consistent with the purposes of the environmental
quality incentives program established under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa-1 et
seq.).

SEC. 7. SWINE WASTE DISPOSAL CREDITS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new sections:

``SECTION 45S. SWINE WASTE DISPOSAL TECHNOLOGY INSTALLATION CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the swine
waste disposal technology installation credit determined under this
section with respect to a taxpayer for any taxable year is an amount
equal to the sum of--
            ``(1) 4 percent of the qualified installation costs paid or
        incurred by the taxpayer during the taxable year, and
            ``(2) 4 percent of such costs paid or incurred by the
        taxpayer during any of the prior four taxable years.
    ``(b) Qualified Installation Cost.--For purposes of this section,
the term `qualified installation cost' means, with respect to a
taxpayer, amounts which are paid or incurred in the ordinary course of
the taxpayer's trade or business to install certified swine waste
disposal technology.
    ``(c) Certified Swine Waste Disposal Technology.--The term
`certified swine waste disposal technology' means environmentally
sustainable technology certified under section 3(c) of the Swine Waste
Infrastructure and Natural Environment Act.

``SEC. 45T. SWINE WASTE DISPOSAL CREDIT.

    ``(a) In General.--For purposes of section 38, the swine waste
disposal credit determined under this section with respect to taxpayer
for any taxable year is an amount equal to $100 for each 1,000 pounds
of steady state live weight of swine waste disposed of in the ordinary
course of the taxpayer's trade or business using certified swine waste
disposal technology (as such term is defined in section 45S) by the
taxpayer during the taxable year.
    ``(b) Maximum Credit.--
            ``(1) In general.--The aggregate credit determined under
        subsection (a) for any taxable year with respect to any
        taxpayer shall not exceed the qualified costs of the taxpayer
        for such taxable year.
            ``(2) Qualified costs defined.--For purposes of this
        section, the term `qualified costs' means costs paid or
        incurred by a taxpayer to maintain or operate certified swine
        waste disposal technology.''.
    (b) Treatment as General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting a comma, and by adding at the end the following new
paragraphs:
            ``(37) the swine waste disposal technology installation
        credit determined under section 45S(a), plus
            ``(38) the swine waste disposal credit determined under
        section 45T(a).''.
    (c) Deduction for Unused Credit.--Subsection (c) of section 196 of
such Code is amended by striking ``and'' at the end of paragraph (13),
by striking the period at the end of paragraph (14) and inserting a
comma, and by adding at the end the following new paragraphs:
            ``(15) the swine waste disposal technology installation
        credit determined under section 45S(a), and
            ``(16) the swine waste disposal credit determined under
        section 45T(a).''.
    (d) Deduction Against AMT.--Subparagraph (B) of section 38(c)(4) of
such Code is amended by striking ``and'' at the end of clause (viii),
by striking the period at the end of clause (ix) and inserting a comma,
and by adding at the end the following new clauses:
                            ``(x) the credit determined under section
                        45S, and
                            ``(xi) the credit determined under section
                        45T.''.
    (e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the such Code is amended by
adding at the end the following new items:

``Sec. 45S. Swine waste disposal technology installation credit.
``Sec. 45T. Swine waste disposal credit.''.
    (f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred and swine waste disposed of after
December 31, 2017.

SEC. 8. SWINE FARM DEFINED.

    In this Act, the term ``swine farm'' means a tract of land devoted
to raising 250 or more animals of the porcine species.

Summary: Swine Waste Infrastructure and Natural Environment Act or the SWINE Act This bill establishes a program to certify environmentally sustainable swine waste disposal technologies and authorizes related tax credits and grants. The Department of Agriculture (USDA) must certify technologies that: eliminate animal discharge into surface waters and groundwater through direct discharge, seepage, or runoff, substantially eliminate atmospheric emissions of ammonia from swine waste. Substantially eliminate the emission of odor from swine waste that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located. Substantially eliminate the release of disease-transmitting vectors and airborne pathogens from swine waste. Substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste. And are cost-effective. States may not issue permits, pursuant to any federal law, to a swine farm that is a concentrated animal feeding operation unless the farm disposes of swine waste using a certified technology. The bill amends several agricultural laws to: require USDA to make competitive grants for activities to identify, evaluate, and demonstrate environmentally superior swine waste management technologies. Permit the Pork Promotion Board to use its funding for activities related to the grants. And make the installation and maintenance of a certified technology on a swine farm eligible for the Environmental Quality Incentives Program. The bill amends the Internal Revenue Code to allow tax credits for: (1) the installation of a certified swine waste disposal technology, and (2) the disposal of swine waste using certified technology.

SWINE Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare and Medicaid Responsibility
Exchange Act of 1994''.

SEC. 2. EXCHANGE OF FINANCIAL RESPONSIBILITIES FOR CERTAIN WELFARE
              PROGRAMS AND THE MEDICAID PROGRAM.

    (a) In General.--In exchange for the Federal funds received by a
State under section 3 for fiscal years 1996, 1997, 1998, 1999, and 2000
such State shall provide cash and non-cash assistance to low income
individuals in accordance with subsection (b).
    (b) Requirement To Provide a Certain Level of Low Income
Assistance.--
            (1) In general.--The amount of cash and non-cash assistance
        provided to low income individuals by a State for any quarter
        during fiscal years 1996, 1997, 1998, 1999, and 2000 shall not
        be less than the sum of--
                    (A) the amount determined under paragraph (2); and
                    (B) the amount determined under paragraph (3).
            (2) Maintenance of effort with respect to federal programs
        terminated.--
                    (A) Quarter beginning october 1, 1995.--The amount
                determined under this paragraph for the quarter
                beginning October 1, 1995, is an amount equal to the
                sum of--
                            (i) one-quarter of the base expenditures
                        determined under subparagraph (C) for the
                        State,
                            (ii) the product of the amount determined
                        under clause (i) and the estimated increase in
                        the consumer price index (for all urban
                        consumers, United States city average) for the
                        preceding quarter, and
                            (iii) the amount that the Federal
                        Government and the State would have expended in
                        the State in the quarter under the programs
                        terminated under section 4 solely by reason of
                        the increase in recipients which the Secretary
                        of Health and Human Services and the Secretary
                        of Agriculture estimate would have occurred if
                        such programs had not been terminated.
                    (B) Succeeding quarters.--The amount determined
                under this paragraph for any quarter beginning on or
                after January 1, 1996, is an amount equal to the sum
                of--
                            (i) the amount expended by the State under
                        subsection (a) in the preceding quarter,
                            (ii) the product of the amount determined
                        under clause (i) and the estimated increase in
                        the consumer price index (for all urban
                        consumers, United States city average) for the
                        preceding quarter, and
                            (iii) the amount that the Federal
                        Government and the State would have expended in
                        the State in the quarter under the programs
                        terminated under section 4 solely by reason of
                        the increase in recipients which the Secretary
                        of Health and Human Services and the Secretary
                        of Agriculture estimate would have occurred if
                        such programs had not been terminated.
                    (C) Determination of base amount.--The Secretary of
                Health and Human Services, in cooperation with the
                Secretary of Agriculture, shall calculate for each
                State an amount equal to the total Federal and State
                expenditures for administering and providing--
                            (i) aid to families with dependent children
                        under a State plan under title IV of the Social
                        Security Act (42 U.S.C. 601 et seq.),
                            (ii) benefits under the food stamp program
                        under the Food Stamp Act of 1977 (7 U.S.C. 2011
                        et seq.), including benefits provided under
                        section 19 of such Act (7 U.S.C. 2028), and
                            (iii) benefits under the special
                        supplemental program for women, infants, and
                        children established under section 17 of the
                        Child Nutrition Act of 1966 (42 U.S.C. 1786),
                for the State during the 12-month period beginning on
                July 1, 1994.
            (3) Maintenance of effort with respect to state programs.--
        The amount determined under this paragraph for a quarter is the
        amount of State expenditures for such quarter required to
        maintain State programs providing cash and non-cash assistance
        to low income individuals as such programs were in effect
        during the 12-month period beginning on July 1, 1994.

SEC. 3. PAYMENTS TO STATES.

    (a) In General.--The Secretary of Health and Human Services shall
make quarterly payments to each State during fiscal years 1996, 1997,
1998, 1999, and 2000 in an amount equal to one-quarter of the amount
determined under subsection (b) for the applicable fiscal year and such
amount shall be used for the purposes described in subsection (c).
    (b) Payment Equivalent to Federal Welfare Savings.--
            (1) In general.--The amount available to be paid to a State
        for a fiscal year shall be an amount equal to the amount
        calculated under paragraph (2) for the State.
            (2) Amounts available.--
                    (A) Fiscal year 1996.--In fiscal year 1996, the
                amount available under this subsection for a State is
                equal to the sum of--
                            (i) the base amount determined under
                        paragraph (3) for the State,
                            (ii) the product of the amount determined
                        under clause (i) and the increase in the
                        consumer price index (for all urban consumers,
                        United States city average) for the 12-month
                        period described in paragraph (3), and
                            (iii) the amount that the Federal
                        Government and the State would have expended in
                        the State in fiscal year 1996 under the
                        programs terminated under section 4 solely by
                        reason of the increase in recipients which the
                        Secretary of Health and Human Services and the
                        Secretary of Agriculture estimate would have
                        occurred if such programs had not been
                        terminated.
                    (B) Succeeding fiscal years.--In any succeeding
                fiscal year, the amount available under this subsection
                for a State is equal to the sum of--
                            (i) the amount determined under this
                        paragraph for the State in the previous fiscal
                        year,
                            (ii) the product of the amount determined
                        under clause (i) and the estimated increase in
                        the consumer price index (for all urban
                        consumers, United States city average) during
                        the previous fiscal year, and
                            (iii) the amount that the Federal
                        Government and the State would have expended in
                        the State in the fiscal year under the programs
                        terminated under section 4 solely by reason of
                        the increase in recipients which the Secretary
                        of Health and Human Services and the Secretary
                        of Agriculture estimate would have occurred if
                        such programs had not been terminated.
            (3) Determination of base amount.--The Secretary of Health
        and Human Services, in cooperation with the Secretary of
        Agriculture, shall calculate the amount that the Federal
        Government expended for administering and providing--
                    (A) aid to families with dependent children under a
                State plan under title IV of the Social Security Act
                (42 U.S.C. 601 et seq.),
                    (B) benefits under the food stamp program under the
                Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),
                including benefits provided under section 19 of such
                Act (7 U.S.C. 2028), and
                    (C) benefits under the special supplemental program
                for women, infants, and children established under
                section 17 of the Child Nutrition Act of 1966 (42
                U.S.C. 1786),
        in each State during the 12-month period beginning on July 1,
        1994.
    (c) Purposes for Which Amounts May Be Expended.--
            (1) Medicaid program.--
                    (A) In general.--Notwithstanding any other
                provision of law, during fiscal years 1996, 1997, 1998,
                1999, and 2000 a State shall--
                            (i) except as provided in subparagraph (B),
                        provide medical assistance under title XIX of
                        the Social Security Act in accordance with the
                        terms of the State's plan in effect on January
                        1, 1994, and
                            (ii) use the funds it receives under this
                        section toward the State's financial
                        participation for expenditures made under the
                        plan.
                    (B) Changes in eligibility during fiscal years
                1998, 1999, and 2000.--During fiscal years 1998, 1999,
                and 2000, a State may change State plan requirements
                relating to eligibility for medical assistance under
                title XIX of the Social Security Act if the aggregate
                expenditures under such State plan for the fiscal year
                do not exceed the amount that would have been spent if
                a State plan described in subparagraph (A)(i) had been
                in effect during such fiscal year.
                    (C) Waiver of requirements.--The Secretary of
                Health and Human Services may grant a waiver of the
                requirements under subparagraphs (A)(i) and (B) if a
                State makes an adequate showing of need in a waiver
                application submitted in such manner as the Secretary
                determines appropriate.
            (2) Excess.--A State that receives funds under this section
        that are in excess of the State's financial participation for
        expenditures made under the State plan for medical assistance
        under title XIX of the Social Security Act shall use such
        excess funds to provide cash and non-cash assistance for low
        income families.
    (d) Denial of Payments for Failure To Maintain Effort.--No payment
shall be made under subsection (a) for a quarter if a State fails to
comply with the requirements of section 2(b) for the preceding quarter.
    (e) Entitlement.--This section constitutes budget authority in
advance of appropriations Acts, and represents the obligation of the
Federal Government to provide the payments described in subsection (a).

SEC. 4. TERMINATION OF CERTAIN FEDERAL WELFARE PROGRAMS.

    (a) Termination.--
            (1) AFDC.--Part A of title IV of the Social Security Act
        (42 U.S.C. 601 et seq.) is amended by adding at the end the
        following new section:

                       ``termination of authority

    ``Sec. 418. The authority provided by this part shall terminate on
October 1, 1995.''.
            (2) JOBS.--Part F of title IV of the Social Security Act
        (42 U.S.C. 681 et seq.) is amended by adding at the end the
        following new section:

                       ``termination of authority

    ``Sec. 488. The authority provided by this part shall terminate on
October 1, 1995.''.
            (3) Special supplemental food program for women, infants,
        and children (WIC).--Section 17 of the Child Nutrition Act of
        1966 (42 U.S.C. 1786) is amended by adding at the end the
        following new subsection:
    ``(q) The authority provided by this section shall terminate on
October 1, 1995.''.
            (4) Food stamp program.--The Food Stamp Act of 1977 (7
        U.S.C. 2011 et seq.) is amended by adding at the end the
        following new section:

``SEC. 24. TERMINATION OF AUTHORITY.

    ``The authority provided by this Act shall terminate on October 1,
1995.''.
    (b) References in Other Laws.--
            (1) In general.--Any reference in any law, regulation,
        document, paper, or other record of the United States to any
        provision that has been terminated by reason of the amendments
        made in subsection (a) shall, unless the context otherwise
        requires, be considered to be a reference to such provision, as
        in effect immediately before the date of the enactment of this
        Act.
            (2) State plans.--Any reference in any law, regulation,
        document, paper, or other record of the United States to a
        State plan that has been terminated by reason of the amendments
        made in subsection (a), shall, unless the context otherwise
        requires, be considered to be a reference to such plan as in
        effect immediately before the date of the enactment of this
        Act.

SEC. 5. FEDERALIZATION OF THE MEDICAID PROGRAM.

    Beginning on October 1, 2000--
            (1) each State with a State plan approved under title XIX
        of the Social Security Act shall be relieved of administrative
        or financial responsibility for the medicaid program under such
        title of such Act,
            (2) the Secretary of Health and Human Services shall assume
        such responsibilities and continue to conduct such program in a
        State in any manner determined appropriate by the Secretary
        that is in accordance with the provisions of title XIX of the
        Social Security Act, and
            (3) all expenditures for the program as conducted by the
        Secretary shall be paid by Federal funds.

SEC. 6. SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR TECHNICAL
              AND CONFORMING AMENDMENTS.

    The Secretary of Health and Human Services shall, within 90 days
after the date of enactment of this Act, submit to the appropriate
committees of Congress, a legislative proposal providing for such
technical and conforming amendments in the law as are required by the
provisions of this Act.

Summary: Welfare and Medicaid Responsibility Exchange Act of 1994 - Provides for the termination of AFDC , JOBS , WIC , and food stamp programs after FY 1995, shifting financial responsibility to the States for providing similar assistance to low-income individuals, with such assistance paid for out of a reduction in the State's share of Medicaid funding equivalent to the Federal welfare savings. Federalizes the Medicaid program after FY 2000, relieving States of their administrative or financial responsibility for it.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flint Hills Preservation Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Flint Hills Region of Kansas and Oklahoma contains
        the world's largest share of the remaining tallgrass prairie,
        and is the only place where that habitat is in landscape
        proportions. Only 4 percent of North America's presettlement
        tallgrass prairie survives to this day, and 80 percent is
        located in Kansas.
            (2) The Flint Hills Region is also home to certain
        declining avian species such as the greater prairie chicken and
        Henslow's sparrow that cannot continue to exist without large
        expanses of native tallgrass prairie in an original state.
        Further, it is a significant corridor for migrating shorebirds
        such as the American golden plover, the buff-breasted sand-
        piper, and the upland sandpiper.
            (3) Beginning in the mid-19th century, cattlemen understood
        that the richness of the Flint Hills grasses depended on a good
        spring burn--something they learned from the Native Americans.
        Fire still thrives in the Flint Hills because the ranchers, and
        others using the land, know that the natural ecosystem depends
        on fire.
            (4) Ranchers, landowners, and conservation groups use
        prescribed burns to mimic the seasonal fires that have shaped
        the tallgrass prairie for thousands of years. Areas not burned
        for several years develop mature grasses and thicker, thatch-
        like vegetation, which habitat is preferred by invasive
        species.
            (5) The Flint Hills Region is one of the few places in the
        United States where the prevailing agricultural system works
        essentially in tandem with an ancestral native ecosystem,
        preserving most of its complexity and the dynamic processes
        that helped shape it.
            (6) Due to the uniqueness of the Flint Hills tallgrass
        prairie and the historic manner in which the tallgrass prairie
        has been managed by fire, existing prescribed burn practices
        should be allowed to continue and ambient air data resulting
        from fires used to manage the Flint Hills tallgrass prairie
        should be not be included in determinations of compliance with
        the Clean Air Act.

SEC. 3. PRESCRIBED FIRES.

    The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by inserting
after section 329 the following:

``SEC. 330. PRESCRIBED FIRES IN THE FLINT HILLS REGION.

    ``(a) In General.--In determining whether, with respect to a
specific air pollutant, an exceedance or violation of a national
ambient air quality standard has occurred for purposes of this Act, a
State and the Administrator shall exclude data from a particular air
quality monitoring location if emissions from one or more prescribed
fires in the Flint Hills Region cause a concentration of the air
pollutant at the location to be in excess of the standard.
    ``(b) Specific Limitations.--If emissions data is excluded under
subsection (a) from a particular air quality monitoring station because
of emissions from one or more prescribed fires in the Flint Hills
Region--
            ``(1) the Administrator shall not, as a result of such
        emissions, find under section 113 that a State has failed to
        enforce, or that a person has violated, a State implementation
        plan (for national primary or secondary ambient air quality
        standards) under section 110; and
            ``(2) a State shall not, as a result of such emissions,
        find that a person has violated, or bring an enforcement action
        for violation of, a State implementation plan (for national
        primary or secondary ambient air quality standards) under
        section 110.
    ``(c) Prohibition Against Smoke Management Plans.--The
Administrator shall not require, and a State shall not adopt, a smoke
management plan under this Act in connection with any prescribed fire
in the Flint Hills Region.
    ``(d) Not a Stationary Source.--No building, structure, facility,
or installation may be treated as a stationary source under section 111
as a result of one or more prescribed fires in the Flint Hills Region.
    ``(e) No Title V Permit Required.--No person shall be required to
obtain or modify a permit under title V in connection with a prescribed
fire in the Flint Hills Region.
    ``(f) Definition.--In this section:
            ``(1) The term `Flint Hills Region'--
                    ``(A) means the band of hills in eastern Kansas
                that stretch into north-central Oklahoma; and
                    ``(B) includes--
                            ``(i) Butler, Chase, Chautauqua, Clay,
                        Cowley, Dickinson, Elk, Geary, Greenwood,
                        Harvey, Jackson, Lyon, Marion, Marshall,
                        Morris, Ottawa, Pottawatomie, Riley, Saline,
                        Shawnee, Wabaunsee, Washington, and Woodson
                        Counties in Kansas; and
                            ``(ii) Osage, Tulsa, and Washington
                        counties in Oklahoma.
            ``(2) The term `prescribed fire' means a fire that is set
        or managed by a person with the goal of enhancing a fire-
        dependent ecosystem or enhancing the productivity of
        agricultural grazing land, irrespective of the frequency with
        which the burn occurs.''.

Summary: Flint Hills Preservation Act - Amends the Clean Air Act to require states and the Administrator of the Environmental Protection Agency (EPA), in determining whether an exceedance or violation of a national ambient air quality standard has occurred with respect to a specific air pollutant, to exclude data from a particular air quality monitoring location if emissions from prescribed fires in the Flint Hills Region cause a concentration of the air pollutant at the location to be in excess of the standard. Prohibits, if such emission data is excluded: (1) the Administrator from finding that a state has failed to enforce, or that a person has violated, a state implementation plan (SIP) for national primary or secondary ambient air quality standards as a result of such emissions. Or (2) a state from finding that a person has violated, or from bringing an enforcement action for violation of, a SIP for such standards as a result of such emissions. Prohibits: (1) the Administrator from requiring, or a state from adopting, a smoke management plan under such Act in connection with any prescribed fire in such region. And (2) a building, structure, facility, or installation from being treated as a stationary source under new stationary source performance standards as a result of such prescribed fires. Provides that no person shall be required to obtain or modify an operating permit under Title V of the Clean Air Act in connection with such a prescribed fire.

To amend the Clean Air Act to require the exclusion of data of an exceedance or violation of a national ambient air quality standard caused by a prescribed fire in the Flint Hills Region, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Free Choice Act of 2016''.

SEC. 2. STREAMLINING UNION CERTIFICATION.

    (a) In General.--Section 9(c) of the National Labor Relations Act
(29 U.S.C. 159(c)) is amended by adding at the end the following:
    ``(6) Notwithstanding any other provision of this section, whenever
a petition shall have been filed by an employee or group of employees
or any individual or labor organization acting in their behalf alleging
that a majority of employees in a unit appropriate for the purposes of
collective bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate the
petition. If the Board finds that a majority of the employees in a unit
appropriate for bargaining has signed valid authorizations designating
the individual or labor organization specified in the petition as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the Board shall not
direct an election but shall certify the individual or labor
organization as the representative described in subsection (a).
    ``(7) The Board shall develop guidelines and procedures for the
designation by employees of a bargaining representative in the manner
described in paragraph (6). Such guidelines and procedures shall
include--
            ``(A) model collective bargaining authorization language
        that may be used for purposes of making the designations
        described in paragraph (6); and
            ``(B) procedures to be used by the Board to establish the
        validity of signed authorizations designating bargaining
        representatives.''.
    (b) Conforming Amendments.--
            (1) National labor relations board.--Section 3(b) of the
        National Labor Relations Act (29 U.S.C. 153(b)) is amended, in
        the second sentence--
                    (A) by striking ``and to'' and inserting ``to'';
                and
                    (B) by striking ``and certify the results
                thereof,'' and inserting ``, and to issue
                certifications as provided for in that section,''.
            (2) Unfair labor practices.--Section 8(b) of the National
        Labor Relations Act (29 U.S.C. 158(b)) is amended--
                    (A) in paragraph (7)(B) by striking ``, or'' and
                inserting ``or a petition has been filed under section
                9(c)(6), or''; and
                    (B) in paragraph (7)(C) by striking ``when such a
                petition has been filed'' and inserting ``when such a
                petition other than a petition under section 9(c)(6)
                has been filed''.

SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
    ``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
            ``(1) Not later than 10 days after receiving a written
        request for collective bargaining from an individual or labor
        organization that has been newly organized or certified as a
        representative as defined in section 9(a), or within such
        further period as the parties agree upon, the parties shall
        meet and commence to bargain collectively and shall make every
        reasonable effort to conclude and sign a collective bargaining
        agreement.
            ``(2) If after the expiration of the 90-day period
        beginning on the date on which bargaining is commenced, or such
        additional period as the parties may agree upon, the parties
        have failed to reach an agreement, either party may notify the
        Federal Mediation and Conciliation Service of the existence of
        a dispute and request mediation. Whenever such a request is
        received, it shall be the duty of the Service promptly to put
        itself in communication with the parties and to use its best
        efforts, by mediation and conciliation, to bring them to
        agreement.
            ``(3) If after the expiration of the 30-day period
        beginning on the date on which the request for mediation is
        made under paragraph (2), or such additional period as the
        parties may agree upon, the Service is not able to bring the
        parties to agreement by conciliation, the Service shall refer
        the dispute to an arbitration board established in accordance
        with such regulations as may be prescribed by the Service. The
        arbitration panel shall render a decision settling the dispute
        and such decision shall be binding upon the parties for a
        period of 2 years, unless amended during such period by written
        consent of the parties.''.

SEC. 4. STRENGTHENING ENFORCEMENT.

    (a) Injunctions Against Unfair Labor Practices During Organizing
Drives.--
            (1) In general.--Section 10(l) of the National Labor
        Relations Act (29 U.S.C. 160(l)) is amended--
                    (A) in the second sentence, by striking ``If, after
                such'' and inserting the following:
    ``(2) If, after such''; and
                    (B) by striking the first sentence and inserting
                the following:
    ``(1) Whenever it is charged--
            ``(A) that any employer--
                    ``(i) discharged or otherwise discriminated against
                an employee in violation of subsection (a)(3) of
                section 8;
                    ``(ii) threatened to discharge or to otherwise
                discriminate against an employee in violation of
                subsection (a)(1) of section 8; or
                    ``(iii) engaged in any other unfair labor practice
                within the meaning of subsection (a)(1) that
                significantly interferes with, restrains, or coerces
                employees in the exercise of the rights guaranteed in
                section 7;
        while employees of that employer were seeking representation by
        a labor organization or during the period after a labor
        organization was recognized as a representative defined in
        section 9(a) until the first collective bargaining contract is
        entered into between the employer and the representative; or
            ``(B) that any person has engaged in an unfair labor
        practice within the meaning of subparagraph (A), (B), or (C) of
        section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made forthwith
and given priority over all other cases except cases of like character
in the office where it is filed or to which it is referred.''.
            (2) Conforming amendment.--Section 10(m) of the National
        Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting
        ``under circumstances not subject to section 10(l)'' after
        ``section 8''.
    (b) Remedies for Violations.--
            (1) Backpay.--Section 10(c) of the National Labor Relations
        Act (29 U.S.C. 160(c)) is amended by striking ``And provided
        further,'' and inserting ``Provided further, That if the Board
        finds that an employer has discriminated against an employee in
        violation of subsection (a)(3) of section 8 while employees of
        the employer were seeking representation by a labor
        organization, or during the period after a labor organization
        was recognized as a representative defined in subsection (a) of
        section 9 until the first collective bargaining contract was
        entered into between the employer and the representative, the
        Board in such order shall award the employee back pay and, in
        addition, 2 times that amount as liquidated damages: Provided
        further,''.
            (2) Civil penalties.--Section 12 of the National Labor
        Relations Act (29 U.S.C. 162) is amended--
                    (A) by striking ``Any'' and inserting ``(a) Any'';
                and
                    (B) by adding at the end the following:
    ``(b) Any employer who willfully or repeatedly commits any unfair
labor practice within the meaning of subsection (a)(1) or (a)(3) of
section 8 while employees of the employer are seeking representation by
a labor organization or during the period after a labor organization
has been recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract is entered
into between the employer and the representative shall, in addition to
any make-whole remedy ordered, be subject to a civil penalty of not to
exceed $20,000 for each violation. In determining the amount of any
penalty under this section, the Board shall consider the gravity of the
unfair labor practice and the impact of the unfair labor practice on
the charging party, on other persons seeking to exercise rights
guaranteed by this Act, or on the public interest.''.

Summary: Employee Free Choice Act of 2016 This bill amends the National Labor Relations Act to require the National Labor Relations Board to certify, without an election, an individual or labor organization to be the exclusive representative of the employees in a unit appropriate for bargaining if a majority of the employees has signed valid authorizations designating the individual or labor organization specified in a properly filed petition as their bargaining representative, and no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit. The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative. Whenever collective bargaining is for the purpose of establishing an initial agreement involving a newly organized or certified employee representative, the requirements for bargaining collectively shall be modified. The parties shall meet to bargain collectively within 10 days after the employer receives a written request. The Federal Mediation and Conciliation Service (FMCS) shall use its best efforts, by mediation and conciliation, to bring the parties to agreement if 90 days lapse without settlement of a dispute. If such efforts fail for 30 days, the FMCS shall refer the dispute to an arbitration panel, whose decision shall bind the parties for two years, unless the parties consent to a different time period. The preliminary investigation of charges involving employer discrimination or unfair labor practices while employees of that employer were seeking representation by a labor organization shall be made forthwith and given priority over all other cases except cases of like character in the office where the charge is filed or to which it is referred. The Board shall award an employee back pay and, in addition, twice that amount as liquidated damages if it finds that the employer has discriminated against the employee either during the period while the employer's employees were seeking representation by a labor organization, or during the period from the time a labor organization was recognized as a representative until the first collective bargaining contract between the employer and the representative was entered into. Any employer who willfully or repeatedly commits any unfair labor practice during these periods shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of up to $20,000 for each violation.

Employee Free Choice Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rebuild American Manufacturing Act
of 2013''.

SEC. 2. NATIONAL MANUFACTURING STRATEGY.

    (a) Strategy Required.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, the President shall develop a
        comprehensive national manufacturing strategy.
            (2) Biennial revisions.--Not less frequently than once
        every 2 years after the date on which the President completes
        the strategy required by paragraph (1), the President shall
        revise such strategy.
    (b) Goals of Strategy.--The President shall include in the national
manufacturing strategy required by subsection (a) short- and long-term
goals for United States manufacturing, including goals--
            (1) to increase the aggregate number of manufacturing jobs
        in the United States so that such number is not less than 20
        percent of the sum of all nonfarm jobs in the United States;
            (2) to identify emerging technologies to strengthen the
        competitiveness of United States manufacturing in the global
        marketplace; and
            (3) to strengthen the manufacturing sectors of the United
        States in which the United States is most competitive in the
        global economy.
    (c) Information Required.--The national manufacturing strategy
required by subsection (a) shall include the following:
            (1) A survey of all persons with headquarters in the United
        States that maintain manufacturing facilities outside of the
        United States to identify--
                    (A) the categories of products manufactured at such
                facilities; and
                    (B) the number of manufacturing jobs located at
                such facilities.
            (2) A survey of all Federal agencies that provide
        assistance to United States manufacturers, including the
        following:
                    (A) The Department of Commerce.
                    (B) The Department of Defense.
                    (C) The Department of Energy.
                    (D) The Department of Labor.
                    (E) The Department of the Treasury.
                    (F) The Small Business Administration.
                    (G) The Office of Management and Budget.
                    (H) The Office of Science and Technology Policy.
                    (I) The Office of the United States Trade
                Representative.
                    (J) The National Science Foundation.
                    (K) Such other Federal agencies as the President
                considers appropriate.
            (3) A survey of manufacturing goods produced in the United
        States and where such goods are produced.
            (4) The number of people in the United States employed by
        manufacturers operating in the United States.
            (5) An evaluation of the global competitiveness of United
        States manufacturing, including the following:
                    (A) A comparison of the manufacturing policies and
                strategies of the United States with the policies and
                strategies of other countries, including the countries
                that are the top 5 trading partners of the United
                States.
                    (B) A comparison of the productivity of each sector
                of the manufacturing industry in the United States with
                comparable sectors of manufacturing industries in other
                countries.
    (d) Recommendations.--The President shall include in the national
manufacturing strategy required by subsection (a) recommendations for
achieving the goals included in the strategy pursuant to subsection
(b). Such recommendations may include proposals as follows:
            (1) Actions to be taken by the President, Congress, State,
        local, and territorial governments, the private sector,
        universities, industry associations, and other stakeholders.
            (2) Ways to improve Government policies, coordination among
        entities developing such policies, and Government interaction
        with the manufacturing sector, including interagency
        communications regarding the effects of proposed or active
        Government regulations or other executive actions on the United
        States manufacturing sector and its workforce.
            (3) How each Federal agency surveyed under subsection
        (c)(2) can best support the national manufacturing strategy
        required by subsection (a).
            (4) Adoption of strategies that have been implemented by
        other countries and proven successful.
    (e) Submittal of Strategy.--Not later than 180 days after the date
of the enactment of this Act and each time the President revises under
paragraph (2) of subsection (a) the strategy required by paragraph (1)
of such subsection, the President shall submit to Congress such
strategy.

Summary: Rebuild American Manufacturing Act of 2013 - Directs the President to develop a comprehensive national manufacturing strategy. Requires to be included in such strategy: (1) short- and long-term goals for US manufacturing, (2) a survey of all persons with headquarters in the United States that maintain manufacturing facilities outside the United States, (3) a survey of all federal agencies that provide assistance to US manufacturers, (4) a survey of manufacturing goods produced in the United States and where such goods are produced, (5) the number of people in the United States employed by manufacturers operating in the United States, and (6) an evaluation of the global competitiveness of US manufacturing. Directs the President to: (1) include in such strategy recommendations for achieving its goals, and (2) report to Congress on such strategy and any revisions thereto.


SECTION 1. CONVEYANCE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS
              MEDICAL CENTER, COLORADO, TO THE STATE OF COLORADO.

    (a) Conveyance Authorized.--Notwithstanding any other provision of
law and subject to the provisions of this section, the Secretary of
Veterans Affairs may convey, without consideration, to the State of
Colorado all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon other than
Kit Carson Chapel, consisting of approximately 512 acres and comprising
the location of the Ft. Lyon Department of Veterans Affairs Medical
Center. The purpose of the conveyance is to permit the State of
Colorado to utilize the property for purposes of a correctional
facility.
    (b) Public Access.--(1) The Secretary may not make the conveyance
of real property authorized by subsection (a) unless the State of
Colorado agrees to provide appropriate public access to Kit Carson
Chapel and the cemetery located on the real property.
    (2) The State of Colorado may satisfy the condition specified in
paragraph (1) with respect to Kit Carson Chapel by relocating the
chapel to Fort Lyon National Cemetery, Colorado, or another appropriate
location jointly selected by the Secretary and the State of Colorado.
    (c) Replacement Facilities.--The Secretary may not make the
conveyance authorized by subsection (a) until the date on which the
Secretary opens not less than three health care facilities, and a
nursing home care facility, in Veterans Integrated Service Network
(VISN) 19, which shall serve as replacement facilities for the Ft. Lyon
Department of Veterans Affairs Medical Center.
    (d) Environmental Restoration.--The Secretary may not make the
conveyance authorized by subsection (a) until the Secretary completes
the evaluation and performance of any environmental restoration
activities required by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
by any other provision of law.
    (e) Personal Property.--As part of the conveyance authorized by
subsection (a), the Secretary may convey, without consideration, to the
State of Colorado any furniture, fixtures, equipment, and other
personal property associated with the property conveyed under that
subsection that the Secretary determines is not required for purposes
of the Department of Veterans Affairs health care facilities to be
established by the Secretary in southern Colorado or for purposes of
Ft. Lyon National Cemetery.
    (f) Legal Description.--The exact acreage and legal description of
the real property to be conveyed under subsection (a), and of any
fixtures and other personal property conveyed under subsection (e),
shall be determined by a survey, and by such other methods, as are
satisfactory to the Secretary. Any costs associated with activities
under this subsection shall be borne by the State of Colorado.
    (g) Additional Terms and Conditions.--The Secretary may require
such other terms and conditions in connection with the conveyances
authorized by subsections (a) and (e) as the Secretary considers
appropriate to protect the interests of the United States.

SEC. 2. EFFECT OF CLOSURE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS
              MEDICAL CENTER ON ADMINISTRATION OF HEALTH CARE FOR
              VETERANS.

    (a) Payment for Nursing Home Care.--Notwithstanding any limitation
under section 1720 or 1741 of title 38, United States Code, the
Secretary of Veterans Affairs may pay the State of Colorado, or any
private nursing home care facility, for costs incurred in providing
nursing home care to any veteran who is relocated from the Ft. Lyon
Department of Veterans Affairs Medical Center, Colorado, to the State
of Colorado or such private facility, as the case may be, as a result
of the closure of the Ft. Lyon Department of Veterans Affairs Medical
Center.
    (b) Obligation To Provide Extended Care Services.--Nothing in this
Act may be construed to alter or otherwise effect the obligation of the
Secretary to meet the requirements of section 1710B(b) of title 38,
United States Code, relating to staffing and levels of extended care
services in fiscal years after fiscal year 1998.
    (c) Extension of Voluntary Early Retirement Authority.--
Notwithstanding section 1109(a) of the Department of Veterans Affairs
Employment Reduction Assistance Act of 1999 (title XI of Public Law
106-117; 113 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay
voluntary separation incentive payments under that Act to employees of
the Ft. Lyon Department of Veterans Affairs Medical Center shall apply
to eligible employees (as defined by section 1110 of that Act) at the
Ft. Lyon Department of Veterans Affairs Medical Center whose separation
occurs before June 30, 2001.
    (d) Report on Veterans Health Care in Southern Colorado.--Not later
than one year after the conveyance, if any, authorized by section 1,
the Under Secretary for Health of the Department of Veterans Affairs,
acting through the Director of Veterans Integrated Service Network
(VISN) 19, shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives a report on the status of the
health care system for veterans under the Network in the Southern
Colorado. The report shall describe any improvements to the system in
Southern Colorado that have been put into effect in the period
beginning on the date of the conveyance and ending on the date of the
report.

Summary: Prohibits the Secretary from making the conveyance unless the State agrees to provide public access to the Chapel and the cemetery located on such property. Permits the State to satisfy such condition respecting the chapel by relocating it to Ft. Lyon National Cemetery, Colorado, or another appropriate location jointly selected by the Secretary and the State. Prohibits the Secretary from making the conveyance until: (1) the date on which the Secretary opens not less than three health care facilities, and a nursing home care facility, in Veterans Integrated Service Network (VISN) 19, which shall serve as replacement facilities for the Medical Center. And (2) the Secretary completes required environmental restoration activities. Authorizes the Secretary to pay the State or any private nursing home care facility for costs incurred in providing nursing home care to any veteran who is relocated from the Medical Center as a result of the Medical Center's closure. States that the authority to pay voluntary separation incentive payments under the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 to employees of the Medical Center shall apply to eligible employees whose separation occurs before June 30, 2001. Requires the Under Secretary for Health of the Department, acting through the Director of VISN 19, not later than one year after the conveyance, to submit to congressional veterans affairs committees a report on the status of the health care system for veterans under VISN in southern Colorado describing any improvements to such system in southern Colorado that have been put into effect since the date of such conveyance.

A bill to provide for the conveyance of the Department of Veterans Affairs Medical Center at Ft. Lyon, Colorado, to the State of Colorado, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Nuclear Security Initiative
Act of 2002''.

SEC. 2. SECURITY OF NUCLEAR MATERIALS AND FACILITIES WORLDWIDE.

    (a) Sense of Congress on Program To Secure Stockpiles of Highly
Enriched Uranium and Plutonium.--(1) It is the sense of Congress that
the Secretary of Energy, in consultation with the Secretary of State
and Secretary of Defense, should develop a comprehensive program of
activities to encourage all countries with nuclear materials to adhere
to, or to adopt standards equivalent to, the International Atomic
Energy Agency standard on The Physical Protection of Nuclear Material
and Nuclear Facilities (INFCIRC/225/Rev.4), relating to the security of
stockpiles of highly enriched uranium (HEU) and plutonium (Pu).
    (2) To the maximum extent practicable, the program should be
developed in consultation with the Russian Federation, other Group of 8
countries, and other allies of the United States.
    (3) Activities under the program may include specific, targeted
incentives intended to encourage countries that cannot undertake the
expense of conforming to the standard referred to in paragraph (1) to
relinquish their highly enriched uranium or plutonium, including
incentives in which a country, group of countries, or international
body--
            (A) purchases such materials and provides for their
        security (including by removal to another location);
            (B) undertakes the costs of decommissioning facilities that
        house such materials;
            (C) in the case of research reactors, converts such
        reactors to low-enriched uranium reactors; or
            (D) upgrades the security of facilities that house such
        materials in order to meet stringent security standards that
        are established for purposes of the program based upon agreed
        best practices.
    (b) Study of Program To Secure Certain Radiological Materials.--(1)
The Secretary of Energy, acting through the Administrator for Nuclear
Security, shall require the Office of International Materials
Protection, Control, and Accounting of the Department of Energy to
conduct a study to determine the feasibility and advisability of
developing a program to secure radiological materials outside the
United States that pose a threat to the national security of the United
States.
    (2) The study under paragraph (1) shall include the following:
            (A) An identification of the categories of radiological
        materials that are covered by that paragraph, including an
        order of priority for securing each category of such
        radiological materials.
            (B) An estimate of the number of sites at which such
        radiological materials are present.
            (C) An assessment of the effort required to secure such
        radiological materials at such sites, including--
                    (i) a description of the security upgrades, if any,
                that are required at such sites;
                    (ii) an assessment of the costs of securing such
                radiological materials at such sites;
                    (iii) a description of any cost-sharing
                arrangements to defray such costs;
                    (iv) a description of any legal impediments to such
                effort, including a description of means of overcoming
                such impediments; and
                    (v) a description of the coordination required for
                such effort among appropriate United States Government
                entities (including the Nuclear Regulatory Commission),
                participating countries, and international bodies
                (including the International Atomic Energy Agency).
            (D) A description of the pilot project undertaken in
        Russia.
    (3) In identifying categories of radiological materials under
paragraph (2)(A), the Secretary shall take into account matters
relating to specific activity, half-life, radiation type and energy,
attainability, difficulty of handling, and toxicity, and such other
matters as the Secretary considers appropriate.
    (4) Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the study
conducted under this subsection. The report shall include the matters
specified under paragraph (2) and such other matters, including
recommendations, as the Secretary considers appropriate as a result of
the study.
    (5) In this subsection, the term ``radiological material'' means
any radioactive material, other than plutonium or uranium enriched
above 20 percent uranium-235.
    (c) Study of Actions To Address Terrorist Threat to Nuclear Power
Plants Outside the United States.--(1) The Secretary of Energy shall,
in consultation with the Nuclear Regulatory Commission and the
International Atomic Energy Agency, conduct a study of the feasibility
and advisability of various actions to reduce the risks associated with
terrorist attacks on nuclear power plants outside the United States.
    (2) Not later than nine months after the date of the enactment of
this Act, the Secretary shall submit to Congress a report on the
results of the study under paragraph (1). The report shall include the
following:
            (A) A description of the actions studied.
            (B) An assessment of the feasibility and advisability of
        undertaking one or more such actions.
            (C) Any other matters, including recommendations, that the
        Secretary considers appropriate.
    (d) Amendment of Convention on Physical Protection of Nuclear
Materials.--(1) It is the sense of Congress that the President should
encourage amendment of the Convention on the Physical Protection of
Nuclear Materials in order to provide that the Convention shall--
            (A) apply to both the domestic and international use and
        transport of nuclear materials;
            (B) incorporate fundamental practices for the physical
        protection of such materials; and
            (C) address protection against sabotage involving nuclear
        materials.
    (2) In this subsection, the term ``Convention on the Physical
Protection of Nuclear Materials'' means the Convention on the Physical
Protection of Nuclear Materials, With Annex, done at Vienna on October
26, 1979.

Summary: Global Nuclear Security Initiative Act of 2002 - Expresses the sense of Congress that the Secretary of Energy should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or adopt standards equivalent to, the International Atomic Energy Agency standard on the Physical Protection of Nuclear Material and Nuclear Facilities relating to the security of stockpiles of highly enriched uranium and plutonium. Directs the Secretary to require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study of the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to US national security. Requires the Secretary to report to Congress on: (1) such study's results. And (2) results of a study by the Secretary of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States. Expresses the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials to make it: (1) apply to both domestic and international use and transport of nuclear materials. (2) incorporate fundamental practices for the physical protection of such materials, and (3) address protection against sabotage involving nuclear materials.

To encourage and facilitate the security of nuclear materials and facilities worldwide.


SECTION 1. EXTENSION OF MEDICARE PRESCRIPTION DRUG INITIAL ENROLLMENT
              PERIODS FOR 2006 AND 2007; SUSPENSION OF LATE ENROLLMENT
              PENALTY THROUGH DECEMBER 31, 2007.

    (a) Extension of Medicare Prescription Drug Initial Enrollment
Periods for 2006 and 2007.--Section 1860D-1(b)(1) of the Social
Security Act (42 U.S.C. 1395w-101(b)(1)) is amended--
            (1) in subparagraph (B)(iii), by inserting ``subparagraph
        (D) and'' after ``Subject to''; and
            (2) by adding at the end the following new subparagraph:
            ``(D) Extension of initial enrollment periods.--For
        purposes of subparagraph (B)(iii), in applying section
        1851(e)(1), with respect to the annual, coordinated election
        period--
                    ``(i) for 2006, such period shall begin on November
                15, 2005, and end on November 14, 2006; and
                    ``(ii) for 2007, such period shall begin on
                November 15, 2006, and end on November 14, 2007.''.
    (b) Suspension of Late Enrollment Penalty Through December 31,
2007.--Section 1860D-13(b)(3)(B) of such Act (42 U.S.C. 1395w-
113(b)(3)(B)) is amended by inserting ``(after December 2007)'' after
``any month''.

SEC. 2. OPEN ENROLLMENT AND DISENROLLMENT IN PRESCRIPTION DRUG PLANS
              ALLOWED DURING FIRST 12 MONTHS OF ENROLLMENT.

    Section 1860D-1(b)(1) of the Social Security Act (42 U.S.C. 1395w-
101(b)(1)) is amended by adding at the end the following new
subparagraph:
                    ``(D) Open enrollment and disenrollment period for
                first 12 months of enrollment.--In establishing the
                process under subparagraph (A), in the case of a part D
                eligible individual who initially enrolls under section
                1860D-1(a) in a prescription drug plan on or after the
                date of enactment of this paragraph, the Secretary
                shall permit such individual to change such enrollment
                into another prescription drug plan once at any time
                during the first 12 months of such initial enrollment
                (other than during an annual, coordinated election
                period referred to in section 1860D-
                1(b)(1)(B)(iii)).''.

SEC. 3. LIMITATIONS ON CHANGING PRESCRIPTION DRUG PLAN FORMULARIES;
              NOTICE OF CHANGE IN FORMULARY.

    (a) Limitation on Removal or Change of Covered Part D Drugs From
the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the
Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read
as follows:
                    ``(E) Removing a drug from formulary or imposing a
                restriction or limitation on coverage.--
                            ``(i) Limitation on removal, limitation, or
                        restriction.--
                                    ``(I) In general.--Subject to
                                subclause (II) and clause (ii),
                                beginning with 2006, the PDP sponsor of
                                a prescription drug plan may not remove
                                a covered part D drug from the plan
                                formulary or impose a restriction or
                                limitation on the coverage of such a
                                drug (such as through the application
                                of a preferred status, usage
                                restriction, step therapy, prior
                                authorization, or quantity limitation)
                                other than at the beginning of each
                                plan year except as the Secretary may
                                permit to take into account new
                                therapeutic uses and newly covered part
                                D drugs.
                                    ``(II) Special rule for newly
                                enrolled individuals.--Subject to
                                clause (ii), in the case of an
                                individual who enrolls in a
                                prescription drug plan on or after the
                                date of enactment of this subparagraph,
                                the PDP sponsor of such plan may not
                                remove a covered part D drug from the
                                plan formulary or impose a restriction
                                or limitation on the coverage of such a
                                drug (such as through the application
                                of a preferred status, usage
                                restriction, step therapy, prior
                                authorization, or quantity limitation)
                                during the period beginning on the date
                                of such enrollment and ending on
                                December 31 of the immediately
                                succeeding plan year except as the
                                Secretary may permit to take into
                                account new therapeutic uses and newly
                                covered part D drugs.
                            ``(ii) Exceptions to limitation on
                        removal.--Clause (i) shall not apply with
                        respect to a covered part D drug that--
                                    ``(I) is a brand name drug for
                                which there is a generic drug approved
                                under section 505(j) of the Food and
                                Drug Cosmetic Act (21 U.S.C. 355(j))
                                that is placed on the market during the
                                period in which there are limitations
                                on removal or change in the formulary
                                under subclause (I) or (II) of clause
                                (i);
                                    ``(II) is a brand name drug that
                                goes off-patent during such period;
                                    ``(III) is a drug for which the
                                Commissioner of Food and Drugs issues a
                                clinical warning that imposes a
                                restriction or limitation on the drug
                                during such period; or
                                    ``(IV) has been determined to be
                                ineffective during such period.
                            ``(iii) Notice of removal under application
                        of exception to limitation.--The PDP sponsor of
                        a prescription drug plan shall provide
                        appropriate notice (such as under subsection
                        (a)(3)) of any removal or change under clause
                        (ii) to the Secretary, affected enrollees,
                        physicians, pharmacies, and pharmacists.''.
    (b) Notice of Change in Formulary and Other Restrictions or
Limitations on Coverage.--
            (1) In general.--Section 1860D-4(a) of such Act (42 U.S.C.
        1395w-104(a)) is amended by adding at the end the following new
        paragraph:
            ``(5) Annual notice of changes in formulary and other
        restrictions or limitations on coverage.--Each PDP sponsor
        offering a prescription drug plan shall furnish to each
        enrollee at the time of each annual coordinated election period
        (referred to in section 1860D-1(b)(1)(B)(iii)) for a plan year
        a notice of any changes in the formulary or other restrictions
        or limitations on coverage of a covered part D drug under the
        plan that will take effect for the plan year.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to annual coordinated election periods beginning
        after the date of the enactment of this Act.

Summary: Amends part D of title XVIII (Medicare) of the Social Security Act to: (1) extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit, (2) suspend the late enrollment penalty through December 31, 2007. And (3) permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment. Prohibits a PDP sponsor, beginning with 2006, from removing a covered part D drug from the plan formulary, or imposing a restriction or limitation on the coverage of such a drug, other than at the beginning of each plan year, except as the Secretary may permit to take into account new therapeutic uses and newly covered part D drugs. Requires each PDP sponsor to furnish to each plan enrollee, at the time of each annual coordinated election period, a notice of any changes in the formulary or other part D drug coverage restrictions or limitations that will take effect for the upcoming plan year.

To amend part D of title XVIII of the Social Security Act to extend the 2006 and 2007 initial enrollment periods for the Medicare prescription drug benefit and suspend the late enrollment penalty through December 31, 2007, to permit Medicare beneficiaries to change enrollment in a prescription drug plan during the first 12 months of enrollment, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Researchers and Farmers Freedom From
Terrorism Act of 2000''.

SEC. 2. RESEARCHERS AND FARMERS FREEDOM FROM TERRORISM.

    Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``43 (relating to animal enterprise terrorism), section''
after ``Section''.

SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM.

    Section 43 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``intentionally''
                each place it appears; and
                    (B) by striking ``one year'' and inserting ``five
                years';
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph
                (3);
                    (B) by inserting after paragraph (1) the following
                new paragraph (2):
            ``(2) Explosives or arson.--Whoever in the course of a
        violation of subsection (a) maliciously damages or destroys, or
        attempts to damage or destroy, by means of fire or an
        explosive, any building, vehicle, or other real or personal
        property used by the animal enterprise shall be imprisoned for
        not less than 5 years and not more than 20 years, fined under
        this title, or both.''; and
                    (C) in paragraph (3), as so redesignated, by
                striking ``under this title and'' and all that follows
                through the period and inserting ``under this title,
                imprisoned for life or for any term of years, or
                sentenced to death.''; and
            (3) in subsection (d)(1)--
                    (A) by striking ``or'' at the end of subparagraph
                (B);
                    (B) by inserting ``or'' at the end of subparagraph
                (C); and
                    (C) by adding at the end the following:
                    ``(D) the offices or headquarters of any enterprise
                or event described in subparagraph (A), (B). or (C);''.

SEC. 4. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT
              CLEARINGHOUSE.

    (a) In General.--The Director shall establish and maintain a
national clearinghouse for information on incidents of crime and
terrorism--
            (1) committed against or directed at any animal enterprise;
            (2) committed against or directed at any commercial
        activity because of the perceived impact or effect of such
        commercial activity on the environment; or
            (3) committed against or directed at any person because of
        such person's perceived connection with or support of any
        enterprise or activity described in paragraph (1) or (2).
    (b) Clearinghouse.--The clearinghouse established under subsection
(a) shall--
            (1) accept, collect, and maintain information on incidents
        described in subsection (a) that is submitted to the
        clearinghouse by Federal, State, and local law enforcement
        agencies, by law enforcement agencies of foreign countries, and
        by victims of such incidents;
            (2) collate and index such information for purposes of
        cross-referencing; and
            (3) upon request from a Federal, State, or local law
        enforcement agency, or from a law enforcement agency of a
        foreign country, provide such information to assist in the
        investigation of an incident described in subsection (a).
    (c) Scope of Information.--The information maintained by the
clearinghouse for each incident shall, to the extent practicable,
include--
            (1) the date, time, and place of the incident;
            (2) details of the incident;
            (3) any available information on suspects or perpetrators
        of the incident; and
            (4) any other relevant information.
    (d) Design of Clearinghouse.--The clearinghouse shall be designed
for maximum ease of use by participating law enforcement agencies.
    (e) Publicity.--The Director shall publicize the existence of the
clearinghouse to law enforcement agencies by appropriate means.
    (f) Resources.--In establishing and maintaining the clearinghouse,
the Director may--
            (1) through the Attorney General, utilize the resources of
        any other department or agency of the Federal Government; and
            (2) accept assistance and information from private
        organizations or individuals.
    (g) Coordination.--The Director shall carry out the Director's
responsibilities under this section in cooperation with the Director of
the Bureau of Alcohol, Tobacco and Firearms.
    (h) Definitions.--In this section:
            (1) The term ``animal enterprise'' has the same meaning as
        in section 43 of title 18, United States Code.
            (2) The term ``Director'' means the Director of the Federal
        Bureau of Investigation.
    (i) Authorization of Appropriations.--There is hereby authorized to
be appropriated for fiscal years 2001, 2002, 2003, 2004, and 2005 such
sums as are necessary to carry out this section.

Summary: Requires the Director of the Federal Bureau of Investigation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at: (1) any animal enterprise. (2) any commercial activity because of a perceived impact of such activity on the environment. Or (3) any person because of such person's connection with or support of such an enterprise or activity.