Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regional Skills Training Alliances
Act of 1999''.

SEC. 2. DEFINITION.

    For purposes of this Act, the term ``Secretary'' means the
Secretary of Commerce.

                         TITLE I--SKILL GRANTS

SEC. 101. AUTHORIZATION.

    (a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, and in
consultation with the Secretary of Labor, shall provide grants to
eligible entities described in subsection (b) to assist such entities
to improve the job skills necessary for employment in specific
industries.
    (b) Eligible Entities Described.--
            (1) In general.--An eligible entity described in this
        subsection is a consortium that--
                    (A) shall consist of representatives from not less
                than 10 businesses (or a non-profit organization that
                represents not less than 10 businesses); and
                    (B) may consist of representatives from one or more
                of the following:
                            (i) Labor organizations.
                            (ii) State and local government.
                            (iii) Educational institutions.
            (2) Majority of representatives.--A majority of the
        representatives comprising the consortium shall be
        representatives described in paragraph (1)(A).
            (3) Additional requirement.--To the maximum extent
        practicable, each business, organization, or government that
        forms an eligible entity under paragraph (1) shall be located
        in the same geographic region of the United States.
    (c) Priority for Small Businesses.--In providing grants under
subsection (a), the Secretary shall give priority to an eligible entity
if a majority of representatives forming the entity represent small-
business concerns, as described in section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
    (d) Maximum Amount of Grant.--The amount of a grant provided to an
eligible entity under subsection (a) may not exceed $1,000,000 for any
fiscal year.

SEC. 102. APPLICATION.

    (a) Certain States With Multiple Consortia.--In a State in which
two or more eligible entities seek grants under section 101 for a
fiscal year, as determined by the Governor of the State, the Governor
may solicit proposals from the entities concerning the activities to be
carried out under the grants. If the Governor solicits such proposals,
based on the proposals received, the Governor shall submit an
application on behalf of 1 or more of the entities to the Secretary at
such time, in such manner, and containing such information as the
Secretary may reasonably require. The provisions of this title relating
to eligible entities shall apply to each of the entities for which the
Governor applies.
    (b) Other States.--In a State in which only one eligible entity
seeks a grant under section 101 for a fiscal year, as determined by the
Governor of the State, or in which the Governor does not solicit
proposals as described in subsection (a), the Secretary may not provide
a grant under section 101 to the eligible entity unless such entity
submits to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may reasonably
require.

SEC. 103. USE OF AMOUNTS.

    (a) In General.--The Secretary may not provide a grant under
section 101 to an eligible entity unless such entity agrees to use
amounts received from such grant to improve the job skills necessary
for employment by businesses in the industry with respect to which such
entity was established.
    (b) Conduct of Program.--
            (1) In general.--In carrying out the program described in
        subsection (a), the eligible entity may provide for--
                    (A) an assessment of training and job skill needs
                for the industry;
                    (B) development of a sequence of skill standards
                that are benchmarked to advanced industry practices;
                    (C) development of curriculum and training methods;
                    (D) purchase, lease, or receipt of donations of
                training equipment;
                    (E) identification of training providers;
                    (F) development of apprenticeship programs;
                    (G) development of training programs for dislocated
                workers;
                    (H) development of the membership of the entity;
                    (I) provision of training programs for workers; and
                    (J) development of training plans for businesses.
            (2) Additional requirement.--In carrying out the program
        described in subsection (a), the eligible entity shall provide
        for development and tracking of performance outcome measures
        for the program and the training providers involved in the
        program.
    (c) Administrative Costs.--The eligible entity may use not more
than 10 percent of the amount of a grant to pay for administrative
costs associated with the program described in subsection (a).

SEC. 104. REQUIREMENT OF MATCHING FUNDS.

    The Secretary may not provide a grant under section 101 to an
eligible entity unless such entity agrees that--
            (1) it will make available non-Federal contributions toward
        the costs of carrying out activities under section 103 in an
        amount that is not less than $2 for each $1 of Federal funds
        provided under a grant under section 101; and
            (2) of such non-Federal contributions, not less than $1 of
        each such $2 shall be from businesses participating in the
        eligible entity.

SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES.

    The Secretary may use not more than 5 percent of the funds made
available to carry out this title to pay for Federal administrative
costs associated with making grants under this title.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$50,000,000 for each of the fiscal years 2000, 2001, and 2002.

                       TITLE II--PLANNING GRANTS

SEC. 201. AUTHORIZATION.

    (a) In General.--The Secretary of Commerce, acting through the
Director of the National Institute of Standards and Technology, and in
consultation with the Secretary of Labor, shall provide grants to
States to enable the States to assist businesses, organizations, and
agencies described in section 101(b) in conducting planning to form
consortia described in such section.
    (b) Maximum Amount of Grant.--The amount of a grant provided to a
State under subsection (a) may not exceed $500,000 for any fiscal year.

SEC. 202. APPLICATION.

    The Secretary may not provide a grant under section 201 to a State
unless such State submits to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
reasonably require.

SEC. 203. REQUIREMENT OF MATCHING FUNDS.

    The Secretary may not provide a grant under section 201 to a State
unless such State agrees that it will make available non-Federal
contributions toward the costs of carrying out activities under this
title in an amount that is not less than $1 for each $1 of Federal
funds provided under a grant under section 201.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title
$5,000,000 for fiscal year 2000.

Output:
TABLE OF CONTENTS:
     Title I: Skill Grants
     Title II: Planning Grants
Regional Skills Training Alliances Act of 1999 -
Title I: Skill Grants
 - Directs the Secretary of Commerce to make grants to improve the job skills necessary for employment in specific industries. Requires the Secretary to do so acting through the Director of the National Institute of Standards and Technology.
Makes eligible for such grants regional consortia that: (1) must have representatives from not fewer than ten businesses (or a nonprofit organization that represents at least ten businesses); and (2) may have representatives from labor organizations, State and local governments, and educational institutions.
Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses.
Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds.
Authorizes appropriations.
Title II: Planning Grants
 - Requires the Secretary, acting through the Director, to provide grants to States to assist businesses, organizations, and agencies in planning to form regional consortia under title I.
Sets requirements relating to maximum amount of grants, applications, use of program funds, and matching funds.
Authorizes appropriations.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare+Choice Revitalization Act
of 2003''.

SEC. 2. MEDICARE+CHOICE IMPROVEMENTS.

    (a) Equalizing Payments Between Fee-for-Service and
Medicare+Choice.--
            (1) In general.--Section 1853(c)(1) of the Social Security
        Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end
        the following:
                    ``(D) Based on 100 percent of fee-for-service
                costs.--
                            ``(i) In general.--For 2004 and any
                        subsequent year, the adjusted average per
                        capita cost for the year involved, determined
                        under section 1876(a)(4) for the
                        Medicare+Choice payment area for services
                        covered under parts A and B for individuals
                        entitled to benefits under part A and enrolled
                        under part B who are not enrolled in a
                        Medicare+Choice plan under this part for the
                        year.
                            ``(ii) Inclusion of costs of va and dod
                        military facility services to medicare-Eligible
                        beneficiaries.--In determining the adjusted
                        average per capita cost under clause (i) for a
                        year, such cost shall be adjusted to include
                        the Secretary's estimate, on a per capita
                        basis, of the amount of additional payments
                        that would have been made in the area involved
                        under this title if individuals entitled to
                        benefits under this title had not received
                        services from facilities of the Department of
                        Veterans Affairs or the Department of
                        Defense.''.
            (2) Conforming amendment.--Such section is further amended,
        in the matter before subparagraph (A), by striking ``or (C)''
        and inserting ``(C), or (D)''.
    (b) Revision of Blend.--
            (1) Revision of national average used in calculation of
        blend.--Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C.
        1395w-23(c)(4)(B)(i)(II)) is amended by inserting ``who (with
        respect to determinations for 2004 and any subsequent year) are
        enrolled in a Medicare+Choice plan'' after ``the average number
        of medicare beneficiaries''.
            (2) Change in budget neutrality.--Section 1853(c) of such
        Act (42 U.S.C. 1395w-23(c)) is amended--
                    (A) in paragraph (1)(A), by inserting ``(for a year
                before 2003)'' after ``multiplied''; and
                    (B) in paragraph (5), by inserting ``(before
                2003)'' after ``for each year''.
    (c) Revision in Minimum Percentage Increase.--Section 1853(c)(1)(C)
of such Act (42 U.S.C. 1395w-23(c)(1)(C)) is amended by striking clause
(iv) and inserting the following:
                            ``(iv) For 2002 and 2003, 102 percent of
                        the annual Medicare+Choice capitation rate
                        under this paragraph for the area for the
                        previous year.
                            ``(v) For 2004 and each succeeding year,
                        104 percent of the annual Medicare+Choice
                        capitation rate under this paragraph for the
                        area for the previous year.''.
    (d) Inclusion of Costs of DOD and VA Military Facility Services to
Medicare-Eligible Beneficiaries in Calculation of Medicare+Choice
Payment Rates.--Section 1853(c)(3) of such Act (42 U.S.C. 1395w-
23(c)(3)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)''
        and inserting ``subparagraphs (B) and (E)'', and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Inclusion of costs of dod and va military
                facility services to medicare-eligible beneficiaries.--
                In determining the area-specific Medicare+Choice
                capitation rate under subparagraph (A) for a year
                (beginning with 2004), the annual per capita rate of
                payment for 1997 determined under section 1876(a)(1)(C)
                shall be adjusted to include in the rate the
                Secretary's estimate, on a per capita basis, of the
                amount of additional payments that would have been made
                in the area involved under this title if individuals
                entitled to benefits under this title had not received
                services from facilities of the Department of Defense
                or the Department of Veterans Affairs.''.
    (e) Announcement of Revised Medicare+Choice Payment Rates.--Within
4 weeks after the date of the enactment of this Act, the Secretary
shall determine, and shall announce (in a manner intended to provide
notice to interested parties) Medicare+Choice capitation rates under
section 1853 of the Social Security Act (42 U.S.C. 1395w-23) for 2004,
revised in accordance with the provisions of this section.
    (f) MedPAC Study of AAPCC.--
            (1) Study.--The Medicare Payment Advisory Commission shall
        conduct a study that assesses the method used for determining
        the adjusted average per capita cost (AAPCC) under section
1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)). Such
study shall examine--
                    (A) the bases for variation in such costs between
                different areas, including differences in input prices,
                utilization, and practice patterns;
                    (B) the appropriate geographic area for payment
                under the Medicare+Choice program under part C of title
                XVIII of such Act; and
                    (C) the accuracy of risk adjustment methods in
                reflecting differences in costs of providing care to
                different groups of beneficiaries served under such
                program.
            (2) Report.--Not later than 9 months after the date of the
        enactment of this Act, the Commission shall submit to Congress
        a report on the study conducted under paragraph (1). Such
        report shall include recommendations regarding changes in the
        methods for computing the adjusted average per capita cost
        among different areas.
    (g) Report on Impact of Increased Financial Assistance to
Medicare+Choice Plans.--Not later than July 1, 2004, the Secretary of
Health and Human Services shall submit to Congress a report that
describes the impact of additional financing provided under this Act
and other Acts (including the Medicare, Medicaid, and SCHIP Balanced
Budget Refinement Act of 1999 and BIPA) on the availability of
Medicare+Choice plans in different areas and its impact on lowering
premiums and increasing benefits under such plans.

SEC. 3. MAKING PERMANENT CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES
              AND ANNUAL, COORDINATED ELECTION PERIOD.

    (a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social
Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``2002,
2003, and 2004 (or July 1 of each other year)'' and inserting ``2002
and each subsequent year (or July 1 of each year before 2002)''.
    (b) Delay in Annual, Coordinated Election Period.--Section
1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by
striking ``and after 2005, the month of November before such year and
with respect to 2003, 2004, and 2005'' and inserting ``, the month of
November before such year and with respect to 2003 and any subsequent
year''.
    (c) Annual Announcement of Payment Rates.--Section 1853(b)(1) of
such Act (42 U.S.C. 1395w-23(b)(1)) is amended by striking ``and after
2005 not later than March 1 before the calendar year concerned and for
2004 and 2005'' and inserting ``not later than March 1 before the
calendar year concerned and for 2004 and each subsequent year''.
    (d) Requiring Provision of Available Information Comparing Plan
Options.--The first sentence of section 1851(d)(2)(A)(ii) of such Act
(42 U.S.C. 1395w-21(d)(2)(A)(ii)) is amended by inserting before the
period the following: ``to the extent such information is available at
the time of preparation of materials for the mailing''.

SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION.

    (a) In General.--Section 1856(b)(3) of the Social Security Act (42
U.S.C. 1395w-26(b)(3)) is amended to read as follows:
            ``(3) Relation to state laws.--The standards established
        under this subsection shall supersede any State law or
        regulation (other than State licensing laws or State laws
        relating to plan solvency) with respect to Medicare+Choice
        plans which are offered by Medicare+Choice organizations under
        this part.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.

SEC. 5. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS
              BENEFICIARIES.

    (a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of
the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by
adding at the end the following new sentence: ``Specialized
Medicare+Choice plans for special needs beneficiaries (as defined in
section 1859(b)(4)) may be any type of coordinated care plan.''.
    (b) Specialized Medicare+Choice Plan for Special Needs
Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w-
29(b)) is amended by adding at the end the following new paragraph:
            ``(4) Specialized medicare+choice plans for special needs
        beneficiaries.--
                    ``(A) In general.--The term `specialized
                Medicare+Choice plan for special needs beneficiaries'
                means a Medicare+Choice plan that exclusively serves
                special needs beneficiaries (as defined in subparagraph
                (B)).
                    ``(B) Special needs beneficiary.--The term `special
                needs beneficiary' means a Medicare+Choice eligible
                individual who--
                            ``(i) is institutionalized (as defined by
                        the Secretary);
                            ``(ii) is entitled to medical assistance
                        under a State plan under title XIX;
                            ``(iii) is residing in a Continuing Care
                        Retirement Community (as defined in section
                        1852(l)(4)(B); or
                            ``(iv) meets such requirements as the
                        Secretary may determine would benefit from
                        enrollment in such a specialized
                        Medicare+Choice plan described in subparagraph
                        (A) for individuals with severe or disabling
                        chronic conditions.''.
    (c) Restriction on Enrollment Permitted.--Section 1859 of such Act
(42 U.S.C. 1395w-29) is amended by adding at the end the following new
subsection:
    ``(f) Restriction on Enrollment for Specialized Medicare+Choice
Plans for Special Needs Beneficiaries.--In the case of a specialized
Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding
any other provision of this part and in accordance with regulations of
the Secretary and for periods before January 1, 2007, the plan may
restrict the enrollment of individuals under the plan to individuals
who are within one or more classes of special needs beneficiaries.''.
    (d) Report to Congress.--Not later than December 31, 2006, the
Medicare Benefits Administrator shall submit to Congress a report that
assesses the impact of specialized Medicare+Choice plans for special
needs beneficiaries on the cost and quality of services provided to
enrollees. Such report shall include an assessment of the costs and
savings to the medicare program as a result of amendments made by
subsections (a), (b), and (c).
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsections (a),
        (b), and (c) shall take effect upon the date of the enactment
        of this Act.
            (2) Deadline for issuance of requirements for special needs
        beneficiaries; transition.--No later than 6 months after the
        date of the enactment of this Act, the Secretary of Health and
        Human Services shall issue final regulations to establish
        requirements for special needs beneficiaries under section
        1859(b)(4)(B)(iii) of the Social Security Act, as added by
        subsection (b).

Output: Medicare+Choice Revitalization Act of 2003 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2004 and any subsequent year, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan for the year.Provides that, in determining the adjusted average per capita cost of Medicare+Choice for a year, such cost shall be adjusted to include the Secretary of Health and Human Services's estimate, on a per capita basis, of the amount of additional payments that would have been made in the area involved under Medicare if individuals entitled to Medicare benefits had not received services from facilities of the Department of Veterans Affairs (VA) or the Department of Defense (DOD).Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area.Terminates use of a payment adjustment budget neutrality factor after 2003.Raises the minimum percentage increase for calculation of annual Medicare+Choice capitation rates, beginning 2004, to 104 percent of the annual rate for the area for the previous year.Provides for the inclusion of costs of DOD and VA military facility services to Medicare-eligible beneficiaries in calculation of Medicare+Choice payment rates.Makes permanent the current Medicare+Choice reporting deadlines, and makes the month of November the permanent annual coordinated election period.Declares that Federal standards supercede certain State law or regulations with respect to Medicare+Choice plans.Prescribes requirements for specialized Medicare+Choice plans for special needs beneficiaries, allowing them to be any type of coordinated care plan.


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SECTION 1. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ACQUISITIONS OF
              FOREIGN INTELLIGENCE INFORMATION.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by inserting after section 105 the following:

   ``clarification of electronic surveillance of persons outside the
                             united states

    ``Sec. 105A.  Nothing in the definition of electronic surveillance
under section 101(f) shall be construed to encompass surveillance
directed at a person reasonably believed to be located outside of the
United States.

``additional procedure for authorizing certain acquisitions concerning
               persons located outside the united states

    ``Sec. 105B.  (a) In General.--Notwithstanding any other law, the
Director of National Intelligence and the Attorney General, may for
periods of up to one year authorize the acquisition of foreign
intelligence information concerning persons reasonably believed to be
outside the United States if the Director of National Intelligence and
the Attorney General determine, based on the information provided to
them, that--
            ``(1) there are reasonable procedures in place for
        determining that the acquisition of foreign intelligence
        information under this section concerns persons reasonably
        believed to be located outside the United States, and such
        procedures will be subject to review of the Court pursuant to
        section 105C of this act;
            ``(2) the acquisition does not constitute electronic
        surveillance;
            ``(3) the acquisition involves obtaining the foreign
        intelligence information from or with the assistance of a
        communications service provider, custodian, or other person
        (including any officer, employee, agent, or other specified
        person of such service provider, custodian, or other person)
        who has access to communications, either as they are
        transmitted or while they are stored, or equipment that is
        being or may be used to transmit or store such communications;
            ``(4) a significant purpose of the acquisition is to obtain
        foreign intelligence information; and
            ``(5) the minimization procedures to be used with respect
        to such acquisition activity meet the definition of
        minimization procedures under section 101(h).
This determination shall be in the form of a written certification,
under oath, supported as appropriate by affidavit of appropriate
officials in the national security field occupying positions appointed
by the President, by and with the consent of the Senate, or the Head of
any Agency of the Intelligence Community, unless immediate action by
the Government is required and time does not permit the preparation of
a certification. In such a case, the determination of the Director of
National Intelligence and the Attorney General shall be reduced to a
certification as soon as possible but in no event more than 72 hours
after the determination is made.
    ``(b) Specific Place Not Required.--A certification under
subsection (a) is not required to identify the specific facilities,
places, premises, or property at which the acquisition of foreign
intelligence information will be directed.
    ``(c) Submission of Certification.--The Attorney General shall
transmit as soon as practicable under seal to the court established
under section 103(a) a copy of a certification made under subsection
(a). Such certification shall be maintained under security measures
established by the Chief Justice of the United States and the Attorney
General, in consultation with the Director of National Intelligence,
and shall remain sealed unless the certification is necessary to
determine the legality of the acquisition under section 105B.
    ``(d) Minimization Procedures.--An acquisition under this section
may be conducted only in accordance with the certification of the
Director of National Intelligence and the Attorney General, or their
oral instructions if time does not permit the preparation of a
certification, and the minimization procedures adopted by the Attorney
General. The Director of National Intelligence and the Attorney General
shall assess compliance with such procedures and shall report such
assessments to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate under section 108(a).
    ``(e) Directive.--With respect to an authorization of an
acquisition under section 105B, the Director of National Intelligence
and Attorney General may direct a person to--
            ``(1) immediately provide the Government with all
        information, facilities, and assistance necessary to accomplish
        the acquisition in such a manner as will protect the secrecy of
        the acquisition and produce a minimum of interference with the
        services that such person is providing to the target; and
            ``(2) maintain under security procedures approved by the
        Attorney General and the Director of National Intelligence any
        records concerning the acquisition or the aid furnished that
        such person wishes to maintain.
    ``(f) Compensation.--The Government shall compensate, at the
prevailing rate, a person for providing information, facilities, or
assistance pursuant to subsection (e).
    ``(g) Failure To Comply.--In the case of a failure to comply with a
directive issued pursuant to subsection (e), the Attorney General may
invoke the aid of the court established under section 103(a) to compel
compliance with the directive. The court shall issue an order requiring
the person to comply with the directive if it finds that the directive
was issued in accordance with subsection (e) and is otherwise lawful.
Failure to obey an order of the court may be punished by the court as
contempt of court. Any process under this section may be served in any
judicial district in which the person may be found.
    ``(h) Review of Petitions.--(1)(A) A person receiving a directive
issued pursuant to subsection (e) may challenge the legality of that
directive by filing a petition with the pool established under section
103(e)(1).
    ``(B) The presiding judge designated pursuant to section 103(b)
shall assign a petition filed under subparagraph (A) to one of the
judges serving in the pool established by section 103(e)(1). Not later
than 48 hours after the assignment of such petition, the assigned judge
shall conduct an initial review of the directive. If the assigned judge
determines that the petition is frivolous, the assigned judge shall
immediately deny the petition and affirm the directive or any part of
the directive that is the subject of the petition. If the assigned
judge determines the petition is not frivolous, the assigned judge
shall, within 72 hours, consider the petition in accordance with the
procedures established under section 103(e)(2) and provide a written
statement for the record of the reasons for any determination under
this subsection.
    ``(2) A judge considering a petition to modify or set aside a
directive may grant such petition only if the judge finds that such
directive does not meet the requirements of this section or is
otherwise unlawful. If the judge does not modify or set aside the
directive, the judge shall immediately affirm such directive, and order
the recipient to comply with such directive.
    ``(3) Any directive not explicitly modified or set aside under this
subsection shall remain in full effect.
    ``(i) Appeals.--The Government or a person receiving a directive
reviewed pursuant to subsection (h) may file a petition with the Court
of Review established under section 103(b) for review of the decision
issued pursuant to subsection (h) not later than 7 days after the
issuance of such decision. Such court of review shall have jurisdiction
to consider such petitions and shall provide for the record a written
statement of the reasons for its decision. On petition for a writ of
certiorari by the Government or any person receiving such directive,
the record shall be transmitted under seal to the Supreme Court, which
shall have jurisdiction to review such decision.
    ``(j) Proceedings.--Judicial proceedings under this section shall
be concluded as expeditiously as possible. The record of proceedings,
including petitions filed, orders granted, and statements of reasons
for decision, shall be maintained under security measures established
by the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
    ``(k) Sealed Petitions.--All petitions under this section shall be
filed under seal. In any proceedings under this section, the court
shall, upon request of the Government, review ex parte and in camera
any Government submission, or portions of a submission, which may
include classified information.
    ``(l) Liability.--Notwithstanding any other law, no cause of action
shall lie in any court against any person for providing any
information, facilities, or assistance in accordance with a directive
under this section.
    ``(m) Retention of Directives and Orders.--A directive made or an
order granted under this section shall be retained for a period of not
less than 10 years from the date on which such directive or such order
is made.''.

SEC. 2. SUBMISSION TO COURT REVIEW AND ASSESSMENT OF PROCEDURES.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is further amended by inserting after section 105B the
following:

               ``submission to court review of procedures

    ``Sec. 105C.  (a) No later than 120 days after the date of the
enactment of this section, the Attorney General shall submit to the
Court established under section 103(a), the procedures by which the
Government determines that acquisitions conducted pursuant to section
105B do not constitute electronic surveillance. The procedures
submitted pursuant to this section shall be updated and submitted to
the Court on an annual basis.
    ``(b) No later than 180 days after the date of the enactment of
this section, the court established under section 103(a) shall assess
the Government's determination under section 105B(a)(1) that those
procedures are reasonably designed to ensure that acquisitions
conducted pursuant to section 105B do not constitute electronic
surveillance. The courts review shall be limited to whether the
Government's determination is clearly erroneous.
    ``(c) If the court concludes that the determination is not clearly
erroneous, it shall enter an order approving the continued use of such
procedures. If the court concludes that the determination is clearly
erroneous, it shall issue an order directing the Government to submit
new procedures within 30 days or cease any acquisitions under section
105B that are implicated by the court's order.
    ``(d) The Government may appeal any order issued under subsection
(c) to the court established under section 103(b). If such court
determines that the order was properly entered, the court shall
immediately provide for the record a written statement of each reason
for its decision, and, on petition of the United States for a writ of
certiorari, the record shall be transmitted under seal to the Supreme
Court of the United States, which shall have jurisdiction to review
such decision. Any acquisitions affected by the order issued under
subsection (c) of this section may continue during the pendency of any
appeal, the period during which a petition for writ of certiorari may
be pending, and any review by the Supreme Court of the United
States.''.

SEC. 3. REPORTING TO CONGRESS.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is further amended by inserting after section 105C the
following:

                        ``reporting to congress

    ``Sec. 105D.  On a semi-annual basis the Attorney General shall
inform the Select Committee on Intelligence of the Senate, the
Permanent Select Committee on Intelligence of the House of
Representatives, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives, concerning
acquisitions under this section during the previous six-month period.
Each report made under this section shall include--
            ``(1) a description of the incidents of noncompliance with
        a directive issued by the Attorney General and the director of
        national intelligence under section 105B to include--
                    ``(A) incidents of noncompliance by an element of
                the Intelligence Community with guidelines or
                procedures established for determining that the
                acquisition of foreign intelligence authorized by the
                Attorney General and Director of National Intelligence
                concerns persons reasonably to be outside the United
                States; and
                    ``(B) incidents of noncompliance by a specified
                person to whom the Attorney General and Director of
                National Intelligence issue a directive under this
                section; and
            ``(2) the number of certifications and directives issued
        during the reporting period.''.

SEC. 4. TECHNICAL AMENDMENT AND CONFORMING AMENDMENTS.

    (a) Section 103(e) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) is amended--
            (1) in paragraph (1), by striking ``501(f)(1)'' and
        inserting ``105B(h) or 501(f)(1)''; and
            (2) in paragraph (2), by striking ``501(f)(1)'' and
        inserting ``105B(h) or 501(f)(1)''.
    (b) Table of Contents.--The table of contents in the first section
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended by inserting after the item relating to section 105
the following:

``105A. Clarification of electronic surveillance of persons outside the
                            United States.
``105B. Additional procedure for authorizing certain acquisitions
                            concerning persons located outside the
                            United States.
``105C. Submission to court review of procedures.
``105D. Reporting to Congress.''.

SEC. 5. LIABILITY DEFENSE.

    (a) In General.--Notwithstanding any other law, and in addition to
the immunities, privileges, and defenses provided by any other source
of law, no action shall lie or be maintained in any court, and no
penalty, sanction, or other form of remedy or relief shall be imposed
by any court or any other body, against any person for the alleged
provision to an element of the intelligence community of any
information (including records or other information pertaining to a
customer), facilities, or any other form of assistance, during the
period of time beginning on September 11, 2001, and ending on the date
that is the effective date of this Act, in connection with any alleged
classified communications intelligence activity that the Attorney
General or a designee of the Attorney General certifies, in a manner
consistent with the protection of State secrets, is, was, would be, or
would have been intended to protect the United States from a terrorist
attack. This section shall apply to all actions, claims, or proceedings
pending on or after the effective date of this Act.
    (b) Jurisdiction.--Any action or claim described in subsection (a)
that is brought in a State court shall be deemed to arise under the
Constitution and laws of the United States and shall be removable
pursuant to section 1441 of title 28, United States Code.
    (c) Definitions.--In this section:
            (1) Intelligence community.--The term ``intelligence
        community'' has the meaning given the term in section 3(4) of
        the National Security Act of 1947 (50 U.S.C. 401a(4)).
            (2) Person.--The term ``person'' has the meaning given the
        term in section 2510(6) of title 18, United States Code.

SEC. 6. EFFECTIVE DATE; TRANSITION PROCEDURES.

    (a) Except as otherwise provided, the amendments made by this Act
shall take effect immediately after the date of the enactment of this
Act.
    (b) Notwithstanding any other provision of this Act, any order in
effect on the date of enactment of this Act issued pursuant to the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
shall remain in effect until the date of expiration of such order, and,
at the request of the applicant, the court established under section
103 (a) of such Act (50 U.S.C. 1803(a)) shall reauthorize such order as
long as the facts and circumstances continue to justify issuance of
such order under the provisions of the Foreign Intelligence
Surveillance Act of 1978, as in effect on the day before the applicable
effective date of this Act. The Government also may file new
applications, and the court established under section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) shall
enter orders granting such applications pursuant to such Act, as long
as the application meets the requirements set forth under the
provisions of such Act as in effect on the day before the effective
date of this Act. At the request of the applicant, the court
established under section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)), shall extinguish any
extant authorization to conduct electronic surveillance or physical
search entered pursuant to such Act. Any surveillance conducted
pursuant to an order entered under this subsection shall be subject to
the provisions of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as in effect on the day before the effective date
of this Act.

Output:
Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to state that nothing in the FISA definition of "electronic surveillance" shall be construed to encompass surveillance directed at a person located outside the United States.

Authorizes the Director of National Intelligence (DNI) and the Attorney General (AG), for periods up to one year, to acquire foreign intelligence information concerning persons outside the United States under specified procedures subject to review by the Foreign Intelligence Surveillance Court (Court). Allows the DNI and AG to issue a directive to require a person to: (1) provide appropriate information to accomplish an acquisition while protecting the secrecy of the information acquired and producing a minimum of interference with services provided to the acquisition target; and (2) maintain appropriate records concerning the acquisition. Outlines procedures to be followed in the case of a failure to comply with a directive.

Directs the: (1) AG to submit to the Court the procedures by which the government determines that acquisitions conducted pursuant to the above authority do not constitute electronic surveillance; and (2) Court to assess such procedures.

Requires the AG to report semiannually to the congressional intelligence and judiciary committees on incidents of noncompliance with directives issues by the DNI and AG.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agriculture Market Development Act
of 1995''.

SEC. 2. ESTABLISHMENT AND IMPLEMENTATION.

    (a) Establishment.--The Secretary of Agriculture shall establish
and, in cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and develop
foreign markets for United States agricultural commodities.
    (b) Implementation.--The program authorized under subsection (a)
shall be carried out through multi-year contracts or agreements between
the Secretary of Agriculture and eligible trade organizations under
which cost-share assistance is provided to such organizations as
cooperators for the conduct of foreign market development activities,
and to third party cooperators, under annual marketing plans provided
for in section 5.
    (c) Authorization of Appropriations.--Subject to section 7(c),
there are authorized to be appropriated to the Department of
Agriculture for use in providing cost-share assistance to eligible
trade organizations under contracts and agreements entered into under
subsection (b) and for other costs of the foreign market development
cooperator program established under this Act (including contingent
liabilities not otherwise funded) such sums as may be necessary for
each of fiscal years 1996 through 2000.

SEC. 3. ELIGIBLE TRADE ORGANIZATIONS; REQUIREMENTS FOR PARTICIPATION.

    (a) Eligible Trade Organization.--For purposes of this Act, the
term ``eligible trade organization'' means a United States trade
organization that promotes the export of one or more United States
agricultural commodities and that does not have a business interest in
or receive remuneration from specific sales of agricultural
commodities.
    (b) Requirements for Participation.--
            (1) Eligible trade organization.--In order for an eligible
        trade organization to enter a contract or agreement with the
        Secretary of Agriculture for the conduct of foreign market
        development activities as a cooperator under this Act, the
        organization shall--
                    (A) establish that it is funded primarily by United
                States members of the industry it represents;
                    (B) prepare and submit to the Secretary of
                Agriculture annually a marketing plan as provided for
                under section 5; and
                    (C) meet any other appropriate requirements
                established by the Secretary for participation in the
                foreign market development cooperator program
                established under this Act.
        In addition, each participant shall endeavor to provide an
        annual contribution for activities under the marketing plan
        that is equal to or greater than the amount provided for such
        activities by the Department of Agriculture.
            (2) Criteria for approval of contracts and agreements.--The
        Secretary of Agriculture may enter into a contract or agreement
        with an eligible trade organization for the conduct of foreign
        market development activities under this Act only if the
        Secretary determines that the activities under the eligible
        trade organization's marketing plans--
                    (A) have a strong likelihood of achieving success
                in maintaining or increasing foreign consumption and
                imports of one or more United States agricultural
                commodity;
                    (B) will make long-range contributions to United
                States agricultural exports;
                    (C) focus on a commodity or commodities the export
                of which is important to United States agriculture and
                this Nation's foreign balance of payments;
                    (D) include the provision by the eligible trade
                organization of a competent United States-based staff
                and other resources to ensure adequate development,
                supervision, and execution of project activities;
                    (E) are coupled with a commitment by private
                organizations to back up promotional activities with
                aggressive selling and adequate supplies of the
                commodity involved or the quality desired by foreign
                buyers; and
                    (F) are focused on markets for which the United
                States is in competition with other exporting
                countries.

SEC. 4. COOPERATOR RESPONSIBILITIES.

    (a) Trade Servicing, Technical Assistance, and Consumer
Education.--
            (1) In general.--Eligible trade organizations participating
        in the foreign market development cooperator program under this
        Act shall provide market development and customer support
        services outside the United States directed at foreign
        purchasers, potential purchasers, and users of United States
        agricultural commodities, through trade servicing, technical
        assistance, and consumer education.
            (2) Specific goals.--Trade servicing, technical assistance,
        and consumer education by each eligible trade organization
        under subsection (a) shall be conducted so as to achieve the
        following goals (as well as other appropriate goals specified
        by the Secretary by regulation):
                    (A) To increase foreign consumer and commercial use
                of the United States commodity involved and products
                made from such commodity, to develop long-term foreign
                demand for the commodity, and to help overcome
                constraints to United States exports of the commodity
                involved.
                    (B) To establish a long-term presence in foreign
                markets for the commodity involved.
                    (C) To enable foreign users of the commodity and
                products made from the commodity to enhance their
                competitiveness, analyze markets, improve end use
                quality, and respond to consumption trends.
                    (D) To make maximum use of new technologies,
                including satellite transmissions, to disseminate trade
                information and enhance industry technologies that will
                expand demand for the commodity.
                    (E) To increase technical contact between the
                United States production industry for the commodity and
                foreign customers and users so as to achieve better and
                more accurate market analyses and trade intelligence
                collected in the public and private sector.
                    (F) To identify third parties to contribute to the
                implementation of activities conducted under the
                eligible trade organization's annual marketing plan
                either through cash or in-kind contributions.
    (b) Coordination, Assistance, and Consultation.--
            (1) Coordination and assistance.--Eligible trade
        organizations participating in the foreign market development
        cooperator program under this Act shall coordinate their
        activities with those of agricultural trade officers of the
        Foreign Agricultural Service. In turn, such officers and other
        Foreign Agricultural Service personnel shall assist the
        eligible trade organizations in the development and operation
        of trade promotion programs that use product exhibits, trade
        teams, market information services, and trade referral services
        to expand international markets for United States agricultural
        commodities.
            (2) Consultation.--Eligible trade organizations shall
        consult with the staff of the Foreign Agricultural Service to
        ensure that their annual marketing plans under this Act are
        consistent with and complement the foreign market development
        activities of the Service.

SEC. 5. ANNUAL MARKETING PLANS.

    (a) In General.--An eligible trade organization participating in
and receiving assistance for any year under the foreign market
development cooperator program established under this Act shall develop
and submit to the Secretary of Agriculture a marketing plan to carry
out trade servicing, technical assistance, and consumer education, as
provided for in section 4(a), for such year.
    (b) Requirement for Plans.--Each annual marketing plan submitted by
an eligible trade organization under subsection (a) shall specifically
describe the manner in which assistance received by the organization in
conjunction with funds and services provided by or through the
organization will be expended in implementing the plan.
    (c) Amendments.--An annual marketing plan may be amended at any
time by the eligible trade organization with the approval of the
Secretary of Agriculture.

SEC. 6. OVERSIGHT.

    (a) Monitoring.--The Secretary of Agriculture shall monitor the
expenditure of funds received by each eligible trade organization under
this Act.
    (b) Reports, Books, and Records.--Each eligible trade organization
receiving assistance under this Act shall--
            (1) keep financial accounts of, submit regular reports
        providing information on, activities conducted and funds spent
        under the organization's annual marketing plan; and
            (2) make available to the Secretary of Agriculture for
        inspection, at any reasonable time and place, the books and
        records of its business and financial transactions.
    (c) Audits.--Each eligible trade organization receiving assistance
under the foreign market development cooperator program under this Act
shall have conducted an audit or financial review of the organization's
activities under such program, which shall accurately account for funds
and services received and expended under this Act.
    (d) Evaluation.--
            (1) In general.--The Secretary of Agriculture shall
        periodically evaluate the foreign market development activities
        of each eligible trade organization to determine whether the
        organization is in compliance with its annual marketing plan
        and to determine the effectiveness of the organization's
        activities under the plan in maintaining and developing markets
        for United States agricultural commodities, taking into
        consideration the difficulty of precisely quantifying the
        effects of long-term trade servicing and technical assistance.
            (2) High-volume agricultural commodities.--With respect to
        activities directed toward maintenance and development of
        markets for high-volume agricultural commodities, in performing
        such evaluations, the Secretary shall consider--
                    (A) the long-term benefits of a United States
                presence in foreign markets for such commodity given
                the benefit to the United States economy as a whole of
                a strong high-volume commodity export sector; and
                    (B) the intense competition by other exporting
                countries in the international markets for such
                commodities.

SEC. 7. IMPLEMENTATION DATE AND TRANSITION.

    (a) Implementation Date.--The Secretary of Agriculture shall
establish the foreign market development cooperator program authorized
under this Act not later than 90 days after the enactment of this Act.
    (b) Transition.--In establishing the program authorized under this
Act, the Secretary shall ensure that on-going foreign market
development cooperator projects and activities are continued and
appropriately incorporated into the program under this Act.

SEC. 8. CONFORMING PROVISIONS.

    (a) Amendment to Agricultural Act of 1954.--Section 601 of the
Agricultural Act of 1954 (7 U.S.C. 1761) is amended by redesignating
the existing text as subsection (a) and adding at the end a new
subsection as follows:
    ``(b) The Secretary of Agriculture shall coordinate activities
conducted under subsection (a) with the conduct of the programs
authorized under the `Agriculture Market Development Act of 1995'.''.
    (b) Agricultural Competitiveness and Trade Act of 1988.--
            (1) Applicability of provisions.--Subsections (d) and (e)
        of section 4214 of the Agricultural Competitiveness and Trade
        Act of 1988 (7 U.S.C. 5234) shall apply to the activities of
        the eligible trade organizations to which assistance is
        provided under this Act.
            (2) Amendment of payment-in-kind provision.--Subsection (b)
        of section 4214 of the Agricultural Competitiveness and Trade
        Act of 1988 (7 U.S.C. 5234) is amended by adding at the end the
        following: ``The Secretary of Agriculture shall coordinate
        activities conducted under this subsection with the conduct of
        the programs authorized under the Agriculture Market
        Development Act of 1995.''.

Output:
Agriculture Market Development Act of 1995 - Directs the Secretary of Agriculture to establish and, in cooperation with eligible trade organizations (ETOs), carry out a foreign market development cooperator program to maintain and develop foreign markets for U.S. agricultural commodities.  Requires that the program be carried out through multiyear contracts or agreements between the Secretary and ETOs, with cost sharing provided by the Secretary to the ETOs. Authorizes appropriations.
Defines "eligible trade organization" to mean a U.S. trade organization that promotes agricultural exports and that does not have a business interest in or receive remuneration from specific sales.
Requires participating ETOs to submit annual marketing plans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ski Area Recreational Opportunity
Enhancement Act of 2010''.

SEC. 2. PURPOSE.

    The purpose of this Act is to amend the National Forest Ski Area
Permit Act of 1986 (16 U.S.C. 497b)--
            (1) to enable snow-sports (in addition to nordic and alpine
        skiing) to be permitted on National Forest System land, subject
        to ski area permits issued by the Secretary of Agriculture
        under section 3 of the National Forest Ski Area Permit Act of
        1986 (16 U.S.C. 497b); and
            (2) to clarify the authority of the Secretary to permit
        appropriate additional seasonal or year-round recreational
        activities and facilities on National Forest System land,
        subject to ski area permits issued by the Secretary under
        section 3 of the National Forest Ski Area Permit Act of 1986
        (16 U.S.C. 497b).

SEC. 3. SKI AREA PERMITS.

    Section 3 of the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b) is amended--
            (1) in subsection (a), by striking ``nordic and alpine ski
        areas and facilities'' and inserting ``ski areas and associated
        facilities'';
            (2) in subsection (b), in the matter preceding paragraph
        (1), by striking ``nordic and alpine skiing operations and
        purposes'' and inserting ``skiing and other snow-sports and
        such other seasonal or year-round recreational activities
        associated with mountain resorts as the Secretary may authorize
        pursuant to subsection (c)'';
            (3) by redesignating subsections (c) and (d) as subsections
        (d) and (e), respectively;
            (4) by inserting after subsection (b) the following:
    ``(c) Other Recreational Uses.--
            ``(1) Authority of secretary.--Subject to paragraphs (2)
        and (3), the Secretary may authorize the holder of a ski area
        permit issued pursuant to subsection (b) to provide on National
        Forest System land subject to the ski area permit such other
        seasonal or year-round natural resource-based recreational
        activities and associated facilities or improvements (in
        addition to skiing and other snow-sports) as the Secretary
        determines to be appropriate.
            ``(2) Requirements.--Any activity, facility, or improvement
        authorized by the Secretary under paragraph (1) shall--
                    ``(A) encourage outdoor recreation and enjoyment of
                nature;
                    ``(B) to the extent practicable, harmonize with the
                natural environment of the National Forest System land
                on which the activity, facility, or improvement is
                located;
                    ``(C) to the extent practicable, be located within
                the portions of the ski permit area that are developed
                to support skiing and other snow sports;
                    ``(D) be consistent with the applicable forest
                management plan and all other applicable laws; and
                    ``(E) be subject to such terms and conditions as
                the Secretary determines to be appropriate.
            ``(3) No change in purpose.--
                    ``(A) Purpose test.--The Secretary may not
                authorize an activity, facility, or improvement under
                paragraph (1) if the Secretary determines that the
                authorization of the activity, facility, or improvement
                would result in the primary recreational purpose of the
                National Forest System land subject to the ski area
                permit to be a purpose other than skiing or any other
                snow-sport.
                    ``(B) Revenue test.--To ensure that National Forest
                System lands subject to a ski area permit continue to
                be used predominately for skiing and other snow sports,
                the Secretary may authorize an activity, facility, or
                improvement under paragraph (1) only to the extent that
                the majority of the revenue of the ski area is
                generated by the sale of lift tickets and fees for ski
                and other snow-sport rentals, skiing and other snow-
                sport instruction, ski trail passes for the use of
                trails maintained by the permit holder, and ancillary
                facilities related to the operation and support of
                skiing and other snow-sport activities.
            ``(4) Boundary changes.--When determining the boundary of a
        ski area permit under subsection (b)(3), the Secretary shall
        not consider the need for activities other than skiing and
        other snow-sports.
            ``(5) Effect on existing authorized activities and
        facilities.--Nothing in this subsection affects any activity or
        facility authorized by a ski area permit in effect on the date
        of enactment of this subsection during the term of the
        permit.''; and
            (5) in subsection (d) (as redesignated by paragraph (3))--
                    (A) by striking ``Within one year after the date of
                enactment of this Act, the'' and inserting ``Not later
                than 18 months after the date of enactment of the Ski
                Area Recreational Opportunity Enhancement Act of 2010,
                the''; and
                    (B) by striking ``within 3 years of the date of
                enactment of this Act''.

SEC. 4. EFFECT.

    Nothing in this Act (including the amendments made by this Act)
affects--
            (1) any authority of the Secretary of Agriculture
        (including the authority of the Secretary with respect to
        recreational activities or infrastructure located on National
        Forest System land) under any Federal law (including
        regulations) other than the National Forest Ski Area Permit Act
        of 1986 (16 U.S.C. 497b); and
            (2) any duty of the Secretary under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 5. STATUTORY PAY-AS-YOU-GO LANGUAGE.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 30 (legislative
      day July 29), 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.

Output:
Ski Area Recreational Opportunity Enhancement Act of 2010 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law.

Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and such other seasonal or year-round recreational activities associated with mountain resorts as the Secretary of Agriculture (USDA) may authorize pursuant to this Act.

Requires any authorized activity, facility, or improvement other than skiing and other snow-sports to: (1) encourage outdoor recreation and enjoyment of nature; (2) harmonize with the natural environment of the National Forest System land on which it is located; (3) be located within the parts of the ski permit area that are developed to support skiing and other snow sports; and (4) be consistent with the applicable forest management plan and all other applicable laws.

Prohibits the Secretary from authorizing an activity, facility, or improvement under this Act if its authorization would result in the primary recreational purpose of the National Forest System land with a ski area permit being a purpose other than skiing or any other snow-sport. Allows the Secretary to authorize such an activity, facility, or improvement only to the extent that the majority of the ski area's revenue is generated by the sale of lift tickets and related fees for skiing and other snow-sport activities.

Bars the Secretary from considering the need for activities other than skiing and snow-sports when determining the boundary of a ski area permit.

Requires the Secretary to: (1) promulgate new rules and regulations for the implementation of this Act; and (2) convert all ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this Act.


Input:
SECTION 1. IMPLEMENTATION OF THE TRICARE PROGRAM OF THE DEPARTMENT OF
              DEFENSE.

    (a) Sense of Senate.--It is the sense of the Senate that--
            (1) the health care program of the Department of Defense,
        commonly known as TRICARE--
                    (A) reflects a commitment to cooperation between
                the military departments; and
                    (B) integrates on a regional basis the provision of
                health care by the military medical treatment
                facilities under chapter 55 of title 10, United States
                Code;
            (2) the full implementation of the TRICARE program of the
        Department will result in the establishment of a system for the
        delivery of health care by the Department that is cohesive,
        flexible, and more capable of meeting the requirements of
        readiness to provide health care in support of military
        operations and of capacity to provide health care on a routine
        basis;
            (3) the full implementation of the TRICARE program of the
        Department will also result in--
                    (A) improved access to health care for individuals
                eligible to participate in the system; and
                    (B) an enhancement of the capacities of the
                Department of Defense medical facilities through--
                            (i) control over contractor support of such
                        facilities;
                            (ii) sharing of resources and
                        interoperability between the military
                        departments in the operation of such
                        facilities; and
                            (iii) cost containment; and
            (4) medicare reimbursement is essential if the TRICARE
        program of the Department is to compete effectively among
        providers of health care services nationwide.
    (b) Reimbursement by Medicare for Care Provided to Medicare-
Eligible Individuals.--(1) In the case of a person who is a medicare-
eligible individual and who is provided care in a facility of the
uniformed services that is certified under subsection (c), the
Secretary of Health and Human Services shall be responsible for making
payments to the certified facility under this section on behalf of the
person.
    (2) The responsibilities of the Secretary of Health and Human
Services under this subsection shall be in the same amounts and under
similar terms and conditions under which that Secretary makes payments
to eligible organizations with a risk-sharing contract under such
section 1876.
    (3) Upon making payment under this subsection to a certified
facility on behalf of a person, the obligation of the Secretary of
Health and Human Services to provide health care services to the person
shall cease.
    (c) Certification of Facilities.--(1) The Secretary of Defense
shall certify to the Secretary of Health and Human Services each year--
            (A) a list of all facilities of the uniformed services
        that--
                    (i) meet or exceed medicare requirements that apply
                to a public facility; or
                    (ii) fully comply with requirements established by
                the administering Secretaries that are intended to
                achieve the same or similar purposes as the
                requirements referred to in clause (i) and that are no
                less stringent than such requirements; and
            (B) a list of all health plans conducted by the Secretary
        of Defense that--
                    (i) meet or exceed medicare HMO requirements that
                apply to the health plan of a public entity; or
                    (ii) fully comply with requirements established by
                the administering Secretaries that are intended to
                achieve the same or similar purposes as the
                requirements referred to in clause (i) and that are no
                less stringent than such requirements.
    (2) For purposes of the medicare program--
            (A) a Department health care facility for which there is a
        certification in effect under paragraph (1)(A) and which
        provides care to medicare-eligible individuals shall be deemed
        to be a medicare provider; and
            (B) a health plan for which there is a certification in
        effect under paragraph (1)(B) and which provides care to
        medicare-eligible individuals shall be deemed to be a medicare
        HMO.
    (d) Definitions.--In this section:
            (1) The term ``administering Secretaries'' has the meaning
        given such term in section 1072(3) of title 10, United States
        Code.
            (2) The term ``medicare program'' means the health
        insurance program under title XVIII of the Social Security Act
        (42 U.S.C. 1395 et seq.).
            (3) The term ``medicare-eligible individual'' means an
        individual who is entitled to benefits under part A of the
        medicare program.
            (4) The term ``medicare HMO'' means an eligible
        organization under section 1876 of the Social Security Act (42
        U.S.C. 1395mm).
            (5) The term ``medicare provider'' means an individual or
        entity furnishing items or services for which payments may be
        made under the medicare program.

Output:
Expresses the sense of the Senate that:  (1) the health care program of the Department of Defense (DOD) known as TRICARE reflects a commitment to cooperation between the military departments and integrates the provision of health care by mlitary medical facilities; (2) full implementation of the TRICARE program will enhance DOD readiness to provide health care in support of military operations, as well as routine military health care, and will result in improved access to health care and enhancement of DOD medical facilities; and (3) Medicare (title XVIII of the Social Security Act) reimbursement is essential if the TRICARE program is to compete effectively among nationwide providers of health care services.
Provides that, in the case of a person who is a Medicare-eligible individual who receives services in a certified military medical facility, the Secretary of Health and Human Services (HHS) shall be responsible for making reimbursement payments to the certified facility providing such care.  Requires the Secretary of Defense to certify to the HHS Secretary a list of all military facilities that meet or exceed Medicare requirements that apply to a public facility, as well as all DOD health plans that meet or exceed Medicare HMO requirements.


Input:
SECTION 1. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
              DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
              RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

    (a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection
(a) of section 1414 of title 10, United States Code, is amended--
            (1) by striking ``Compensation'' in the subsection heading
        and all that follows through ``Subject'' and inserting
        ``Compensation.--Subject''; and
            (2) by striking paragraph (2).
    (b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
            (1) in subsection (a), as amended by subsection (a) of this
        section, by striking the final sentence;
            (2) by striking subsection (c) and redesignating
        subsections (d) and (e) as subsections (c) and (d),
        respectively; and
            (3) in subsection (d), as so redesignated, by striking
        paragraphs (3) and (4).
    (c) Clerical Amendments.--
            (1) Section heading.--The heading for section 1414 of such
        title is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
              veterans' disability compensation: concurrent payment of
              retired pay and disability compensation''.
            (2) Table of sections.--The item relating to such section
        in the table of sections at the beginning of chapter 71 of such
        title is amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for
                            veterans' disability compensation:
                            concurrent payment of retired pay and
                            disability compensation.''.
    (d) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.

SEC. 2. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
              COMPENSATION AND CONCURRENT RECEIPT.

    (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows through the end of paragraph
(1) and inserting ``who--
            ``(1) is entitled to retired pay, other than a member
        retired under chapter 61 of this title with less than 20 years
        of service creditable under section 1405 of this title and less
        than 20 years of service computed under section 12732 of this
        title; and''.
    (b) Amendments To Standardize Similar Provisions.--
            (1) Clerical and conforming amendments.--Section 1413a of
        such title is further amended--
                    (A) in the heading for paragraph (3) of subsection
                (b), by striking ``rules'' and inserting ``rule''; and
                    (B) in subsection (f), by striking ``Subsection
                (d)'' and inserting ``Subsection (c)''.
            (2) Specification of qualified retirees for concurrent
        receipt purposes.--Section 1414 of such title, as amended by
        section 3, is amended--
                    (A) in subsection (a)--
                            (i) by striking ``a member or'' and all
                        that follows through ``is entitled'' and
                        inserting ``an individual who is a qualified
                        retiree for any month is entitled''; and
                            (ii) by inserting ``retired pay and
                        veterans' disability compensation'' after
                        ``both''; and
                    (B) in subsection (d), by adding at the end the
                following new paragraph:
            ``(3) Qualified retiree.--The term `qualified retiree'
        means a member or former member of the uniformed services who,
        with respect to any month--
                    ``(A) is entitled to retired pay, other than in the
                case of a member retired under chapter 61 of this title
                with less than 20 years of service creditable under
                section 1405 of this title and less than 20 years of
                service computed under section 12732 of this title; and
                    ``(B) is entitled to veterans' disability
                compensation.''.
            (3) Standardization with crsc rule for chapter 61
        retirees.--Subsection (b) of section 1414 of such title is
        amended--
                    (A) by striking ``Special Rules'' in the subsection
                heading and all that follows through ``is subject to''
                and inserting ``Special Rule for Chapter 61 Disability
                Retirees.--In the case of a qualified retiree who is
                retired under chapter 61 of this title, the retired pay
                of the member is subject to''; and
                    (B) by striking paragraph (2).
    (c) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.

SEC. 3. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY
              DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Repeal.--
            (1) Repeal.--Subchapter II of chapter 73 of title 10,
        United States Code, is amended as follows:
                    (A) In section 1450, by striking subsection (c).
                    (B) In section 1451(c)--
                            (i) by striking paragraph (2); and
                            (ii) by redesignating paragraphs (3) and
                        (4) as paragraphs (2) and (3), respectively.
            (2) Conforming amendments.--Such subchapter is further
        amended as follows:
                    (A) In section 1450--
                            (i) by striking subsection (e); and
                            (ii) by striking subsection (k).
                    (B) In section 1451(g)(1), by striking subparagraph
                (C).
                    (C) In section 1452--
                            (i) in subsection (f)(2), by striking
                        ``does not apply--'' and all that follows and
                        inserting ``does not apply in the case of a
                        deduction made through administrative error.'';
                        and
                            (ii) by striking subsection (g).
                    (D) In section 1455(c), by striking ``,
                1450(k)(2),''.
    (b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
    (c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
    (d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
            (1) by striking ``Dependent children.--'' and all that
        follows through ``In the case of a member described in
        paragraph (1),'' and inserting ``Dependent children.--In the
        case of a member described in paragraph (1),''; and
            (2) by striking subparagraph (B).
    (e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
    (f) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
            (1) October 1, 2011; or
            (2) the first day of the first month that begins after the
        date of the enactment of this Act.

SEC. 4. ELIMINATION OF FISCAL YEAR LIMITATION IN CONSIDERING ACTIVE
              DUTY AND ACTIVE SERVICE FOR EARLY ELIGIBILITY FOR RECEIPT
              OF NON-REGULAR SERVICE RETIRED PAY.

    (a) Consideration of 90-Day Periods of Service.--Section
12731(f)(2)(A) of title 10, United States Code, is amended by striking
``below 60 years of age by three months for each aggregate of 90 days
on which such person so performs in any fiscal year after such date,
subject to subparagraph (C)'' and inserting ``, subject to subparagraph
(C), below 60 years of age by three months for each aggregate of 90
days on which such person serves on such active duty or performs such
active service after such date''.
    (b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, and as if included in the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) as enacted.

Output:
Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.

Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.

Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age.

Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.

Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse.

Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.

Removes the requirement that days of active duty or active service used to reduce the minimum age at which a member of the reserves may retire for non-regular (reserve) service must occur in the same fiscal year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forcing Out Underage Labor Act of
1996''.

SEC. 2. PROHIBITION ON IMPORTATION OF SOCCER BALLS MANUFACTURED OR
              ASSEMBLED WITH CHILD LABOR.

    (a) Identification of Countries.--The Secretary of Labor shall
identify those countries in which soccer balls are manufactured or
assembled, in whole or in part, with the use of child labor.
    (b) Prohibition on Imports.--
            (1) Prohibition.--The Secretary of the Treasury shall
        prohibit the entry of any soccer balls manufactured or
        assembled, in whole or in part, in a country identified by the
        Secretary of Labor under subsection (a). For purposes of this
        subsection and subsection (a), the term ``assembled'' includes,
        but is not limited to, stitching.
            (2) Exception.--Paragraph (1) shall not apply to the entry
        of any article for which a certification that meets the
        requirements of subsection (c) is provided and the article, or
        the packaging in which it is offered for sale, contains, in
        accordance with regulations prescribed by the Secretary of
        Labor, a label stating that the article is not a product of
        child labor.
    (c) Certification That Article Is Not a Product of Child Labor.--
            (1) Form and content.--The Secretary of the Treasury shall
        prescribe the form and content of documentation, for submission
        in connection with the entry of an article, that satisfies the
        Secretary that the exporter of the article to the United
        States, and the importer of the article into the customs
        territory of the United States, have undertaken reasonable
        steps to ensure that the article is not a product of child
        labor.
            (2) Reasonable steps.--For purposes of paragraph (1),
        ``reasonable steps'' includes--
                    (A) in the case of the exporter of an article--
                            (i) having entered into a contract with an
                        organization described in paragraph (4) in the
                        country concerned for allowing inspections for
                        the purpose of certifying both that the article
                        is not a product of child labor, and that a
                        label, protected under the copyright or
                        trademark laws of that country, that contains
                        such certification is affixed to the article;
                        and
                            (ii) having affixed to the article a label
                        described in clause (i); and
                    (B) in the case of the importer of an article into
                the customs territory of the United States, having
                required the certification and label described in
                subparagraph (A) in the agreement setting forth the
                terms and conditions of the acquisition or provision of
                the imported article.
            (3) Written evidence.--The documentation required by the
        Secretary under paragraph (1) shall include written evidence
        that the reasonable steps set forth in paragraph (2) have been
        taken.
            (4) Certifying organizations.--The Secretary of the
        Treasury shall compile and maintain a list of independent
        professional, internationally credible organizations, in
        foreign countries, that have been established for the purpose
        of conducting inspections, certifying, and labeling that
        articles to be exported from those countries are not products
        of child labor. Each such organization may consist of, but not
        be limited to, representatives of nongovernmental child welfare
        and human rights organizations, manufacturers, exporters,
        independent trade unions, national governments, and neutral
        international organizations.

SEC. 3. PENALTIES.

    (a) Unlawful Acts.--It is unlawful--
            (1) to attempt to enter any soccer ball if the entry is
        prohibited under section 2(b)(1); or
            (2) to violate any regulation prescribed under section 4.
    (b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
    (c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for not more than 1 year, or both.
    (d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
            (1) the search, seizure, and forfeiture provisions;
            (2) section 592 (relating to penalties for entry by fraud,
        gross negligence, or negligence); and
            (3) section 619 (relating to compensation to informers).

SEC. 4. REGULATIONS.

    The Secretary of Labor and the Secretary of the Treasury shall
issue such regulations as are necessary to carry out this Act.

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) Child labor.--The term ``child labor'' means the
        performance of services in exchange for remuneration (without
        regard to whom paid), subsistence, goods, or services, or any
        combination thereof, or under circumstances tantamount to
        involuntary servitude--
                    (A) by persons who have not attained the minimum
                age, except for--
                            (i) light work by persons no more than 2
                        years younger than the minimum age that is not
                        likely to harm their health or development and
                        which does not prejudice their attendance at
                        school, their participation in vocational
                        orientation or training programs approved by
                        the competent authority in the country
                        concerned, or their capacity to benefit from
                        the instruction received,
                            (ii) work on family and small-scale
                        agricultural holdings which produce for local
                        consumption and do not regularly employ hired
                        workers,
                            (iii) work done by persons at least 14
                        years of age in schools or other training
                        institutions for general, vocational, or
                        technical education,
                            (iv) work done by persons at least 14 years
                        of age as an integral part of a program of
                        education, training, or occupational guidance
                        carried out in accordance with conditions
                        prescribed by the competent authority in the
                        country concerned, and
                            (v) participation in artistic performances
                        pursuant to permits granted in individual cases
                        by the competent authority in the country
                        concerned; and
                    (B) by persons under the age of 18 if such services
                would likely jeopardize the health, safety, or moral
                character of a young person, except for the performance
                of such services by individuals at least 16 years of
                age where--
                            (i) the country concerned has expressly
                        authorized such employment by national laws or
                        regulation;
                            (ii) the health, safety, and morals of the
                        individuals involved are fully protected; and
                            (iii) the individuals involved have
                        received adequate specific instruction or
                        vocational training in the relevant branch of
                        activity.
            (2) Minimum age.--The term ``minimum age'' means the age at
        which children complete compulsory schooling under the national
        laws of the country concerned, or the age of 15, whichever is
        older, except that when a country whose economy and educational
        facilities are insufficiently developed has specified, pursuant
        to an international agreement, a minimum age of 14 years for a
        period of limited and specifically identified duration, the
        term ``minimum age'' means the age of 14 years during that
        period with respect to that country.
            (3) Product of child labor.--An article shall be treated as
        being manufactured or assembled with the use of child labor if
        the article--
                    (A) was fabricated, assembled, or processed, in
                whole or part, or
                    (B) contains any part that was fabricated,
                assembled, or processed, in whole or in part,
        with child labor.
            (4) Entry.--The term ``entry'' means entry, or withdrawal
        from warehouse for consumption, in the customs territory of the
        United States.

SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
              UNDERAGE CHILD WORKERS.

    There is authorized to be appropriated to the President the sum
of--
            (1) $10,000,000 for each of fiscal years 1997 through 2000
        for a United States contribution to the International Labor
        Organization for the activities of the International Program on
        the Elimination of Child Labor; and
            (2) $100,000 for fiscal year 1997 for a United States
        contribution to the United Nations Commission on Human Rights
        for those activities relating to bonded child labor that are
        carried out by the Subcommittee and Working Group on
        Contemporary Forms of Slavery.

Output:
Forcing Out Underage Labor Act of 1996 - Directs the Secretary of Labor to identify countries that manufacture soccer balls with the use of child labor.  Prohibits the importation of such an item into the United States, unless it contains a label stating that it is not a product of child labor.  Sets forth both civil and criminal penalties for violation of this prohibition.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor and the United Nations Commission on Human Rights for certain activities related to bonded child labor.