Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Patient Choice Act of
1995''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There should be no unreasonable barriers or impediments
        to the ability of individuals enrolled in health care plans to
        obtain appropriate specialized medical services.
            (2) The patient's first point of contact in a health care
        plan must be encouraged to make all appropriate medical
        referrals and should not be constrained financially from making
        such referrals.
            (3) Some health care plans may impede timely access to
        specialty care.
            (4) At any time, patients must be able to access out-of-
        network items, treatment, and services at an additional cost to
        the patient which is not so prohibitive that they are deterred
        from seeing the health care provider of their own choice.
            (5) Specialty care must be available for the full duration
        of the patient's medical needs and not limited by time or
        number of visits.
            (6) Direct access to specialty care is essential for
        patients in emergency and nonemergency situations and for
        patients with chronic and temporary conditions.

SEC. 3. PROTECTION FOR MEDICARE HMO ENROLLEES.

    (a) In General.--Section 1876 of the Social Security Act (42 U.S.C.
1395mm) is amended--
            (1) in subsection (c)(1), by striking ``subsection (e)''
        and inserting ``subsections (e) and (k)'', and
            (2) by adding at the end the following new subsection:
    ``(k) Beneficiary Protection.--
            ``(1) Minimum loss ratio.--
                    ``(A) In general.--Each eligible organization shall
                have a loss-ratio that is not less than 85 percent for
                each contract year.
                    ``(B) Loss ratio defined.--In subparagraph (A), the
                term `loss-ratio' means, with respect to an
                organization for a contract year, the ratio of (i) the
                anticipated aggregate benefits provided under this
                section to enrollees for the year, to (ii) the
                aggregate amount of the premiums collected (including
                payments to the organization under subsection (a) for
                the year, as estimated on the basis of incurred claims
                experience and earned premium for the year.
            ``(2) Assuring adequate in-network access.--
                    ``(A) Timely access.--An eligible organization that
                restricts the providers from whom benefits may be
                obtained must guarantee to enrollees under this section
                timely access to primary and specialty health care
                providers who are appropriate to the enrollee's
                condition.
                    ``(B) Access to specialized care.--Enrollees must
                have access to specialized treatment when the treating
                provider deems necessary. This access may be satisfied
                through contractual arrangements with specialized
                providers outside of the network.
                    ``(C) Continuity of care.--An eligible
                organization's use of case management may not create an
                undue burden for enrollees under this section. An
                organization must ensure direct access to specialists
                for ongoing care as so determined by the case manager
                in consultation with the specialty care provider. This
                continuity of care may be satisfied for enrollees with
                chronic conditions through the use of a specialist
                serving as case manager.
            ``(3) Assuring out-of-network access.--
                    ``(A) In general.--An eligible organization that
                contracts with a specific network of providers must
                offer its enrollees or their treating provider with the
                patient's authorization under this section, the ability
                at any time, to seek items, services, and treatment
                from out-of-network providers for all covered benefits.
                    ``(B) Reimbursement for out-of-network services.--
                An eligible organization under this section shall
                provide for reimbursement for the enrollee, consistent
                with the cost-sharing schedule established under
                subparagraph (C), with respect to out-of-network
                services which are described in subparagraph (A), so
                long as the services were medically appropriate, and
                were covered benefits in-network.
                    ``(C) Establishment of cost-sharing schedule.--In
                consultation with the National Association of Insurance
                Commissioners, the Secretary shall establish (by not
                later than one year after enactment of this Act) a
                cost-sharing schedule which applies to payment required
                under subparagraph (B) for out-of-network services.
            ``(4) Appropriate range of services.--A health plan shall
        not deny any health care professionals, based solely on the
        license or certification as applicable under State law, the
        ability to participate in providing covered health care
        services, or be reimbursed or indemnified or by a network plan
        for providing such services. Organizations must ensure a
        sufficient number, mix, and distribution of health care
        professionals within a network plan to ensure enrollees access
        to appropriate medical services.
            ``(5) Grievance and appeals processes.--
                    ``(A) Grievance process.--The organization must
                provide meaningful procedures for hearing and resolving
                grievances between the organization (including any
                entity or individual through which the organization
                provides health care services) and members enrolled
                with the organization under this section.
                    ``(B) Board of appeals.--
                            ``(i) In general.--Each eligible
                        organization shall establish a board of appeals
                        to hear and make determinations on complaints
                        by enrollees concerning denials of coverage or
                        payment for services (whether in-network or
                        out-of-network) and the medical necessity and
                        appropriateness of covered items and services.
                            ``(ii) Composition.--A board of appeals of
                        an eligible organization shall consist of--
                                    ``(I) representatives of the
                                organization, including physicians,
                                nonphysicians, administrators, and
                                enrollees;
                                    ``(II) consumers who are not
                                enrollees and those who have
                                disenrolled; and
                                    ``(III) providers with expertise in
                                the field of medicine which
                                necessitates treatment.
                            ``(iii) Deadline for decision.--A board of
                        appeals shall hear and resolve complaints
                        within 30 days after the date the complaint is
                        filed with the board.
                    ``(C) Appeal to secretary.--A member enrolled in an
                eligible organization under this section who is
                dissatisfied with a determination of a board of appeals
                of the organization under subparagraph (B) is entitled,
                if the amount in controversy is $100 or more, to a
                hearing before the Secretary to the same extent as is
                provided in section 205(b), and in any such hearing the
                Secretary shall make the eligible organization a party.
                If the amount in controversy is $1,000 or more, the
                individual or eligible organization shall, upon
                notifying the other party, be entitled to judicial
                review of the Secretary's final decision as provided in
                section 205(g), and both the individual and the
                eligible organization shall be entitled to be parties
                to that judicial review. In applying sections 205(b)
                and 205(g) as provided in this subparagraph, and in
                applying section 205(l) thereto, any reference therein
                to the Commissioner of Social Security or the Social
                Security Administration shall be considered a reference
                to the Secretary or the Department of Health and Human
                Services, respectively.
            ``(6) Notice of enrollee rights and consumer report card.--
                    ``(A) In general.--Each eligible organization shall
                provide each enrollee, at the time of enrollment and
                not less frequently than annually thereafter, an
                explanation of the enrollee's rights under this section
                and a copy of the most recent consumer report card for
                the organization (as described in subparagraph (C)).
                    ``(B) Rights described.--The explanation of rights
                under subparagraph (A) shall include an explanation
                of--
                            ``(i) the enrollee's rights to benefits
                        from the organization;
                            ``(ii) the restrictions on payments under
                        this title for services furnished other than by
                        or through the organization;
                            ``(iii) out-of-area coverage provided by
                        the organization;
                            ``(iv) the organization's coverage of
                        emergency services and urgently needed care;
                            ``(v) the organization's coverage of out-
                        of-network services, including services that
                        are additional to the items and services
                        covered under parts A and B; and
                            ``(vi) appeal rights of enrollees.
                    ``(C) Consumer report card.--For purposes of
                subparagraph (A), the term `consumer report card'
                means, with respect to an eligible organization for a
                year, a report issued by the organization which
                contains indicators of the quality of the services
                under this section provided by the organization during
                the year. Information must be provided in a manner that
                permits consumers to compare organizations with respect
                to the following:
                            ``(i) For each plan, on--
                                    ``(I) the premium for the plan,
                                    ``(II) identity, location,
                                qualifications, and availability of
                                providers in any provider networks of
                                the plan,
                                    ``(III) the number of individuals
                                enrolling and disenrolling from the
                                plan,
                                    ``(IV) procedures used by the plan
                                to control utilization of services and
                                expenditures,
                                    ``(V) procedures used by the plan
                                to assure quality of care,
                                    ``(VI) the plan's loss ratio, and
                                    ``(VII) rights and responsibilities
                                of enrollees.
                            ``(ii) In addition, for each managed care
                        plan, on--
                                    ``(I) restrictions on payment for
                                services provided outside the plan's
                                provider network,
                                    ``(II) the process by which
                                services may be obtained through the
                                plan's provider network,
                                    ``(III) coverage for out-of-area
                                services, and
                                    ``(IV) any exclusions in the types
                                of providers participating in the
                                plan's provider network.
            ``(7) Restrictions on provider incentive plans.--
                    ``(A) In general.--Each contract with an eligible
                organization under this section shall provide that the
                organization may not operate any provider incentive
                plan (as defined in subparagraph (B)) unless the
                following requirements are met:
                            ``(i) No specific payment is made directly
                        or indirectly under the plan to a provider or
                        provider group as an inducement to reduce or
                        limit medically necessary services provided
                        with respect to a specific individual enrolled
                        with the organization.
                            ``(ii) If the plan places a provider or
                        provider group at substantial financial risk
                        (as determined by the Secretary) for services
                        not provided by the provider or provider group,
                        the organization--
                                    ``(I) provides stop-loss protection
                                for the provider or group that is
                                adequate and appropriate, based on
                                 standards developed by the Secretary
that take into account the number (and type) of providers placed at
such substantial financial risk in the group or under the plan and the
number of individuals enrolled with the organization who receive
services from the provider or the group, and
                                    ``(II) conducts periodic surveys of
                                both individuals enrolled and
                                individuals previously enrolled with
                                the organization to determine the
                                degree of access of such individuals to
                                services provided by the organization
                                and satisfaction with the quality of
                                such services.
                            ``(iii) The organization provides the
                        Secretary with descriptive information
                        regarding the plan, sufficient to permit the
                        Secretary to determine whether the plan is in
                        compliance with the requirements of this
                        subparagraph.
                    ``(B) Provider incentive plan defined.--In this
                paragraph, the term `provider incentive plan' means any
                compensation arrangement between an eligible
                organization and a provider or provider group that may
                directly or indirectly have the effect of reducing or
                limiting services provided with respect to individuals
                enrolled with the organization.
            ``(8) Additional definitions.--
                    ``(A) In-network.--The term `in-network' means
                services provided by health care providers who have
                entered into a contract or agreement with the
                organization under which such providers are obligated
                to provide items, treatment, and services under this
                section to individuals enrolled with the organization
                under this section.
                    ``(B) Network.--The term `network' means, with
                respect to an eligible organization, the health care
                providers who have entered into a contract or agreement
                with the organization under which such providers are
                obligated to provide items, treatment, and services
                under this section to individuals enrolled with the
                organization under this section.
                    ``(C) Out-of-network.--The term `out-of-network'
                means services provided by health care providers who
                have not entered into a contract agreement with the
                organization under which such providers are obligated
                to provide items, treatment, and services under this
                section to individuals enrolled with the organization
                under this section.''.
    (b) Conforming Amendments.--Section 1876 of such Act is further
amended--
            (1) by striking subparagraph (E) of subsection (c)(3);
            (2) by striking paragraphs (4) and (5) of subsection (c);
        and
            (3) by striking paragraph (8) of subsection (i).
    (c) Effective Date.--The amendments made by this section shall
apply to contract years beginning at least 60 days after the date the
Secretary establishes the cost-sharing schedule for out-of-network
services under section 1876(k)(2)(C) of the Social Security Act (as
added by subsection (a)(2)).

SEC. 4. APPLICATION OF PROTECTIONS TO MEDICARE SELECT POLICIES.

    (a) In General.--Section 1882(t)(1) of the Social Security Act (42
U.S.C. 1395ss(t)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F)
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) notwithstanding any other provision of this
                section to the contrary, if the issuer of the policy--
                            ``(i) meets the requirements of section
                        1876(k) with respect to individuals enrolled
                        under the policy in the same manner such
                        requirements apply with respect to an eligible
                        organization under such section with respect to
                        individuals enrolled with the organization
                        under such section, and
                            ``(ii) discloses (in a form and manner
                        specified by the Secretary) the loss ratio
                        described in subsection (r)(1) most recently
                        calculated for purposes of such subsection.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to policies issued or renewed on or after the effective date
described in section 3(c).

Output:
Medicare Patient Choice Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) have a minimum 85 percent loss-ratio of benefits-to-premiums; (2) assure Medicare enrollees timely access to in-network primary and specialty health care providers and out-of-network providers as well; (3) establish a cost-sharing schedule for out-of-network services; (4) establish a grievance process with board of appeals hearings within 30 days of the filing of a complaint; and (5) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization.  Prohibits provider incentive plans that fail to meet specified criteria.
Applies the same requirements to Medicare select policies.


Input:
SECTION 1. CONSERVATION HABITAT RESERVE PROGRAM.

    (a) Establishment.--The Secretary shall enter into contracts in
accordance with this section with owners and operators of lands
suitable for conservation habitat, under which the owners and operators
manage the land for the protection of protected species in exchange for
cash payments from the Secretary.
    (b) Contract Requirements.--
            (1) Duties of owners and operators.--
                    (A) In general.--Each contract entered into under
                this section with respect to land shall obligate the
                owner or operator of the land--
                            (i) to implement a plan approved by the
                        Secretary, in consultation with the Secretary
                        of the Interior, for management of the land;
                            (ii) not to use the land in a manner that
                        is inconsistent with the purpose of the
                        contract; and
                            (iii) on the violation of a term or
                        condition of the contract at any time the owner
                        or operator has control of the land--
                                    (I) to forfeit all rights to
                                receive rental payments and management
                                fees under the contract, if the
                                Secretary, after considering the
                                recommendations of the Secretary of the
                                Interior, determines that the violation
                                warrants termination of the contract;
                                or
                                    (II) to refund to the Secretary, or
                                accept adjustments to, the rental
                                payments and management fees provided
                                to the owner or operator, as the
                                Secretary considers appropriate, if the
                                Secretary, after considering the
                                recommendations of the Secretary of the
                                Interior, determines that the violation
                                does not warrant termination of the
                                contract.
                    (B) Contents of plan.--The plan referred to in
                subparagraph (A)(i) shall set forth--
                            (i) the management practices to be carried
                        out by the owner or operator of the land; and
                            (ii) any permitted use of the land.
            (2) Duties of the secretary.--Each contract entered into
        under this section shall obligate the Secretary--
                    (A) to pay the cost of carrying out the management
                measures and practices set forth in the contract, to
                the extent that the Secretary determines is appropriate
                and in the public interest;
                    (B) for a period of years not in excess of the term
                of the contract, to pay an annual rental payment in an
                amount necessary to compensate for the conversion of
                the land to, or use of the land for, conservation
                habitat; and
                    (C) to provide technical assistance and management
                training to assist the owner or operator in carrying
                out the contract.
            (3) Duration.--Each contract entered into under this
        section shall be for a term of not fewer than 5 years and not
        greater than 10 years.
    (c) Other Rules Applicable to Contracts.--
            (1) Modification.--The Secretary may modify a contract
        entered into with an owner or operator under this section if
        the owner or operator agrees to the modification.
            (2) Renewal.--Notwithstanding subsection (g)(3)(C), the
        Secretary may renew a contract entered into under this section
        only if, at the time the contract would otherwise expire, a
        protected species is occupying the land subject to the
        contract.
            (3) Termination.--The Secretary may terminate a contract
        entered into with an owner or operator under this section if--
                    (A) the owner or operator agrees to the
                termination; and
                    (B) the Secretary determines that the termination
                would be in the public interest.
            (4) Effect of transfer of ownership of land.--If, during
        the term of a contract entered into under this section, an
        owner or operator of land subject to the contract sells or
        otherwise transfers the ownership or right of occupancy of the
        land, the new owner or operator of the land may--
                    (A) notwithstanding subsection (g)(3)(C)--
                            (i) continue the contract under the same
                        terms or conditions; or
                            (ii) enter into a new contract in
                        accordance with this section; or
                    (B) elect not to participate in the program
                established under this section.
    (d) Limitations.--
            (1) County impact.--The Secretary shall not, at any one
        time, have in effect under this section contracts with respect
        to more than 25 percent of the land or water in any one county,
        except to the extent that the Secretary determines that doing
        so would not adversely affect the local economy of the county.
            (2) Recent changes in ownership.--
                    (A) 3-year rule.--The Secretary may not, on any
                date, enter into a contract under this section with
                respect to land the ownership of which has changed in
                the immediately preceding 3-year period.
                    (B) Exceptions.--Subparagraph (A) shall not apply
                to a change of ownership if--
                            (i) the change of ownership occurred by
                        reason of the operation of a will or by
                        succession as a result of the death of the
                        previous owner;
                            (ii) the change of ownership occurred
                        before January 1, 1995; or
                            (iii) the Secretary determines that the
                        change of ownership occurred under
                        circumstances which give adequate assurance
                        that the land was not acquired for the purpose
                        of placement in the program established under
                        this section.
                    (C) Rules of interpretation.--Subparagraph (A)
                shall not be construed to--
                            (i) prohibit a new owner of land from
                        electing to assume the obligations of the
                        previous owner under a contract entered into
                        under this section with respect to the land,
                        and otherwise continue the contract in effect;
                        or
                            (ii) require a person, as a condition of
                        eligibility to enter into a contract under this
                        section with respect to land, to own the land
                        if the person--
                                    (I) has operated the land for at
                                least 3 years preceding the date of the
                                contract or since January 1, 1995,
                                whichever is later; and
                                    (II) will control the land for the
                                duration of the contract.
    (e) Payments.--
            (1) Determination of amount.--
                    (A) Incentive to participation.--In determining the
                amount of annual rental payments to be paid under
                contracts entered into under this section, the
                Secretary may consider, among other things, the amount
                necessary to encourage owners or operators to
                participate in the program established by this section.
                    (B) Use of bids.--The Secretary may determine the
                amounts payable to owners or operators in the form of
                rental payments under contracts entered into under this
                section, through the submission of bids in such manner
                as the Secretary may prescribe.
            (2) Timing.--
                    (A) In general.--The Secretary shall provide
                payment for obligations incurred by the Secretary under
                a contract entered into under this section--
                            (i) with respect to any cost for management
                        incurred by the Secretary, as soon as possible
                        after the obligation is incurred; and
                            (ii) with respect to any annual rental
                        payment obligation incurred by the Secretary--
                                    (I) as soon as practicable after
                                October 1 of each calendar year; or
                                    (II) at the discretion of the
                                Secretary, at any time before such date
                                during the year that the obligation is
                                incurred.
                    (B) Authority to make payments before determining
                performance.--The Secretary may make payments under
                this section before determining performance.
            (3) Payments to third parties.--If an owner or operator who
        is entitled to a payment under a contract entered into under
        this section dies, becomes incompetent, is otherwise unable to
        receive the payment, or is succeeded by another person who
        renders or completes the performance required of the owner or
        operator under the contract, the Secretary shall make the
        payment, in accordance with regulations prescribed by the
        Secretary and without regard to any other provision of law, in
        such manner as the Secretary determines is fair and reasonable
        in light of all of the circumstances.
            (4) No effect on other payments.--Rental payments received
        by an owner or operator under this section shall be in addition
        to, and shall not affect, the total amount of payments that the
        owner or operator is otherwise eligible to receive under this
        section, the Agricultural Act of 1949, or other Federal law.
    (f) Consultation With the Secretary of the Interior.--The Secretary
shall consult with the Secretary of the Interior on all determinations
and actions that are necessary to carry out this section.
    (g) Definitions.--As used in this section:
            (1) Land suitable for conservation habitat.--The term
        ``land suitable for conservation habitat'' means qualified
        land--
                    (A) that is occupied by a protected species; or
                    (B) that--
                            (i) provides habitat which is suitable for
                        a protected species; and
                            (ii) is likely to be occupied by a
                        protected species for part of each year.
            (2) Protected species.--The term ``protected species''
        means any species that is--
                    (A) included in a list published pursuant to
                section 4(c) of the Endangered Species Act of 1973; or
                    (B) proposed pursuant to such Act to be included in
                such a list.
            (3) Qualified land.--The term ``qualified land'' means land
        that--
                    (A) as of January 1, 1995, was used for any
                agricultural purpose;
                    (B) is covered by--
                            (i) a cooperative management agreement
                        provided for in section 6 of the Endangered
                        Species Act of 1973; or
                            (ii) a conservation plan provided for in
                        section 10(a) of such Act;
                    (C) is not the subject of a contract in effect
                under this section; and
                    (D) is not the subject of a contract in effect
                under chapter 1 of subtitle D of title XII of the Food
                Security Act of 1985.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
    (h) Authority Subject to Appropriations.--The authority provided by
this section shall be exercised only to the extent and in the amounts
provided in advance in appropriations Acts.

Output:
Directs the Secretary of Agriculture to enter into contacts with owners and operators of agricultural land to provide conservation habitat for protected species.  States that such contracts shall provide financing for conservation measures, rental payments, and technical assistance.
Sets forth provisions regarding land ownership transfer and county impact.


Input:
SECTION 1. APPLICATION OF INDEMNIFICATION AUTHORITY.

    (a) In General.--The discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) includes authority for the President to
provide under such law for the indemnification of a contractor or
subcontractor in connection with procurement of an anti-terrorism
technology or an anti-terrorism service from the contractor or
subcontractor for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
    (b) Exercise of Authority.--The authority to provide under Public
Law 85-804 for indemnification of contractors and subcontractors in
connection with procurements described in subsection (a) includes
authority for the President to provide for--
            (1) indemnification for economic damages not fully covered
        by private liability insurance within the scope of the losses
        or damages of the indemnification coverage;
            (2) negotiation for inclusion of an indemnification clause
        in a contract prior to the commencement of the performance of
        the contract;
            (3) coverage of information technology used to prevent,
        detect, identify, otherwise deter, or recover from acts of
        terrorism; and
            (4) applicability of the authority to procurements by the
        United States Postal Service.

SEC. 2. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE AND LOCAL
              GOVERNMENT CONTRACTORS.

    (a) Authority.--Subject to the limitations of subsection (b), the
President may exercise the discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) so as to provide under such law for
indemnification of contractors and subcontractors in procurements by
States or units of local government of an anti-terrorism technology or
an anti-terrorism service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of terrorism.
    (b) Limitations.--Any authority that is delegated by the President
under subsection (a) to the head of a Federal agency to provide for the
indemnification of contractors and subcontractors under Public Law 85-
804 (50 U.S.C. 1431 et seq.) for procurements by States or units of
local government may be exercised only--
            (1) in the case of a procurement by a State or unit of
        local government that--
                    (A) is made under a contract awarded pursuant to
                section 3; and
                    (B) is approved, in writing, for the provision of
                indemnification by the President or the official
                designated by the President under section 3(a); and
            (2) with respect to--
                    (A) amounts of losses or damages not fully covered
                by private liability insurance and State or local
                government-provided indemnification; and
                    (B) liabilities of a contractor or subcontractor
                not arising out of willful misconduct or lack of good
                faith on the part of the contractor or subcontractor,
                respectively.

SEC. 3. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND ANTI-TERRORISM
              SERVICES BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL
              CONTRACTS.

    (a) In General.--
            (1) Establishment of program.--The President shall
        designate an officer or employee of the United States to
        establish, and the designated official shall establish, a
        program under which States and units of local government may
        procure through contracts entered into by the designated
        official anti-terrorism technologies or anti-terrorism services
        for the purpose of preventing, detecting, identifying,
        otherwise deterring, or recovering from acts of terrorism.
            (2) Designated federal procurement official for program.--
        In this section, the officer or employee designated by the
        President under paragraph (1) shall be referred to as the
        ``designated Federal procurement official''.
            (3) Authorities.--Under the program, the designated Federal
        procurement official may, but shall not be required to, award
        contracts using the same authorities as are provided to the
        Administrator of General Services under section 309(b)(3) of
        the Federal Property and Administrative Services Act (41 U.S.C.
        259(b)(3)).
            (4) Offers not required to state and local governments.--A
        contractor that sells anti-terrorism technology or anti-
        terrorism services to the Federal Government may not be
        required to offer such technology or services to a State or
        unit of local government under the program.
    (b) Responsibilities of the Contracting Official.--In carrying out
the program established under this section, the designated Federal
procurement official shall--
            (1) produce and maintain a catalog of anti-terrorism
        technologies and anti-terrorism services suitable for
        procurement by States and units of local government under this
        program; and
            (2) establish procedures in accordance with subsection (c)
        to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local government under
contracts awarded by the designated official.
    (c) Required Procedures.--The procedures required by subsection
(b)(2) shall implement the following requirements and authorities:
            (1) Submissions by states.--
                    (A) Requests and payments.--Except as provided in
                subparagraph (B), each State desiring to participate in
                a procurement of anti-terrorism technologies or anti-
                terrorism services through a contract entered into by
                the designated Federal procurement official under this
                section shall submit to that official in such form and
                manner and at such times as such official prescribes,
                the following:
                            (i) Request.--A request consisting of an
                        enumeration of the technologies or services,
                        respectively, that are desired by the State and
                        units of local government within the State.
                            (ii) Payment.--Advance payment for each
                        requested technology or service in an amount
                        determined by the designated official based on
                        estimated or actual costs of the technology or
                        service and administrative costs incurred by
                        such official.
                    (B) Other contracts.--The designated Federal
                procurement official may award and designate contracts
                under which States and units of local government may
                procure anti-terrorism technologies and anti-terrorism
                services directly from the contractors. No
                indemnification may be provided under Public Law 85-804
                pursuant to an exercise of authority under section 2
                for procurements that are made directly between
                contractors and States or units of local government.
            (2) Permitted catalog technologies and services.--A State
        may include in a request submitted under paragraph (1) only a
        technology or service listed in the catalog produced under
        subsection (b)(1).
            (3) Coordination of local requests within state.--The
        Governor of a State may establish such procedures as the
        Governor considers appropriate for administering and
        coordinating requests for anti-terrorism technologies or anti-
        terrorism services from units of local government within the
        State.
            (4) Shipment and transportation costs.--A State requesting
        anti-terrorism technologies or anti-terrorism services shall be
        responsible for arranging and paying for any shipment or
        transportation of the technologies or services, respectively,
        to the State and localities within the State.
    (d) Reimbursement of Actual Costs.--In the case of a procurement
made by or for a State or unit of local government under the procedures
established under this section, the designated Federal procurement
official shall require the State or unit of local government to
reimburse the Department for the actual costs it has incurred for such
procurement.
    (e) Time for Implementation.--The catalog and procedures required
by subsection (b) of this section shall be completed as soon as
practicable and no later than 210 days after the enactment of this Act.

SEC. 4. CONGRESSIONAL NOTIFICATION.

    (a) In General.--The President shall ensure that an appropriate
officer of the United States submits to the appropriate committees of
Congress a written notification of each contract for a procurement
described in this Act for which indemnification is provided under
Public Law 85-804 within 30 days after the contract is entered into.
    (b) Congressional Committees.--In this section, the term
``appropriate committees of Congress'' means the following:
            (1) The Committee on Appropriations, Committee of Armed
        Services, and Committee on Governmental Affairs of the Senate.
            (2) The Committee on Appropriations, Committee of Armed
        Services, and Committee on Government Reform of the House of
        Representatives.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Anti-terrorism technology and service.--The terms
        ``anti-terrorism technology'' and ``anti-terrorism service''
        mean any product, equipment, or device, including information
        technology, and any service, system integration, or other kind
        of service (including a support service), respectively, that is
        related to technology and is designed, developed, modified, or
        procured for the purpose of preventing, detecting, identifying,
        otherwise deterring, or recovering from acts of terrorism.
            (2) Act of terrorism.--The term ``act of terrorism'' means
        a calculated attack or threat of attack against any person,
        property, or infrastructure to inculcate fear, or to intimidate
        or coerce a government, the civilian population, or any segment
        thereof, in the pursuit of political, religious, or ideological
        objectives.
            (3) Information technology.--The term ``information
        technology'' has the meaning such term in section 11101(6) of
        title 40, United States Code.
            (4) State.--The term ``State'' includes the District of
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
        the Northern Mariana Islands, and any territory or possession
        of the United States.
            (5) Unit of local government.--The term ``unit of local
        government'' means any city, county, township, town, borough,
        parish, village, or other general purpose political subdivision
        of a State; an Indian tribe which performs law enforcement
        functions as determined by the Secretary of the Interior; or
        any agency of the District of Columbia Government or the United
        States Government performing law enforcement functions in and
        for the District of Columbia or the Trust Territory of the
        Pacific Islands.

Output: States that the discretionary authority of the President to provide indemnification for government contractors in the interest of national defense shall include the authority to indemnify a contractor or subcontractor in connection with the procurement of an anti-terrorism technology or service for preventing, detecting, identifying, deterring, or recovering from acts of terrorism. Authorizes the President, under such authority, to provide for: (1) indemnification for economic damages not fully covered by private liability insurance; and (2) the applicability of such authority to procurements by the U.S. Postal Service.Authorizes the President to indemnify State and local contractors in the procurement of an anti-terrorism technology or service, with limitations.Requires the President to designate an official to establish a program under which States and local governments may procure, through contracts entered into by such official, anti-terrorism technologies or services. Requires the designated official to produce and maintain a catalog of anti-terrorism technologies and services suitable for such procurement. Outlines required procedures for participating States and local governments.Directs the President to ensure that an appropriate officer of the United States notifies specified congressional committees of each procurement contract providing such indemnification.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sudan Divestment Authorization Act
of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On July 22, 2004, the Senate and the House of
        Representatives passed concurrent resolutions declaring that
        ``the atrocities unfolding in Darfur, Sudan, are genocide''.
            (2) On June 30, 2005, President Bush affirmed that ``the
        violence in Darfur region is clearly genocide [and t]he human
        cost is beyond calculation''.
            (3) The Darfur Peace and Accountability Act of 2006, which
        was signed into law on October 13, 2006, reaffirms that ``the
        genocide unfolding in the Darfur region of Sudan is
        characterized by acts of terrorism and atrocities directed
        against civilians, including mass murder, rape, and sexual
        violence committed by the Janjaweed and associated militias
        with the complicity and support of the National Congress Party-
        led faction of the Government of Sudan''.
            (4) Several States and governmental entities, through
        legislation and other means, have expressed their desire, or
        are considering measures--
                    (A) to divest any equity in, or to refuse to
                provide debt capital to, certain companies that operate
                in Sudan; and
                    (B) to disassociate themselves and the
                beneficiaries of their public pension and endowment
                funds from directly or indirectly supporting the Darfur
                genocide.
            (5) Efforts of States and other governmental entities to
        divest their pension funds and other investments of companies
        that operate in Sudan build upon the legal and historical
        legacy of the anti-apartheid movement in the United States, a
        movement which contributed to the end of apartheid in South
        Africa and the holding of free elections in that country in
        1994.
            (6) Although divestment measures should be employed
        judiciously and sparingly, declarations of genocide by Congress
        and the President justify such action.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) States and other governmental entities should be
        permitted to provide for the divestment of certain State assets
        within their jurisdictions as an expression of opposition to
        the genocidal actions and policies of the Government of Sudan;
        and
            (2) a divestment measure authorized under section 5 does
        not violate the United States Constitution because such a
        measure--
                    (A) is not preempted under the Supremacy Clause;
                    (B) does not constitute an undue burden on foreign
                or interstate commerce under the Commerce Clause; and
                    (C) does not intrude on, or interfere with, the
                conduct of foreign affairs of the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Assets.--The term ``assets'' means any public pension,
        retirement, annuity, or endowment fund, or similar instrument,
        managed by a State.
            (2) Company.--The term ``company'' means any natural
        person, legal person, sole proprietorship, organization,
        association, corporation, partnership, firm, joint venture,
        franchisor, franchisee, financial institution, utility, public
        franchise, trust, enterprise, limited partnership, limited
        liability partnership, limited liability company, or other
        business entity or association, including all wholly-owned
        subsidiaries, majority-owned subsidiaries, parent companies, or
        affiliates of such business entities or associations.
            (3) Company with a qualifying business relationship with
        sudan.--The term ``company with a qualifying business
        relationship with Sudan''--
                    (A) means any company--
                            (i) that is wholly or partially managed or
                        controlled, either directly or indirectly, by
                        the Government of Sudan or any of its agencies,
                        including political units and subdivisions;
                            (ii) that is established or organized under
                        the laws of the Government of Sudan;
                            (iii) whose domicile or principal place of
                        business is in Sudan;
                            (iv) that is engaged in business operations
                        that provide revenue to the Government of
                        Sudan;
                            (v) that owns, maintains, sells, leases, or
                        controls property, assets, equipment,
                        facilities, personnel, or any other apparatus
                        of business or commerce in Sudan, including
                        ownership or possession of real or personal
                        property located in Sudan;
                            (vi) that transacts commercial business,
                        including the provision or obtaining of goods
                        or services, in Sudan;
                            (vii) that has distribution agreements
                        with, issues credits or loans to, or purchases
                        bonds of commercial paper issued by--
                                    (I) the Government of Sudan; or
                                    (II) any company whose domicile or
                                principal place of business is in
                                Sudan;
                            (viii) that invests in--
                                    (I) the Government of Sudan; or
                                    (II) any company whose domicile or
                                principal place of business is in
                                Sudan; or
                            (ix) that is fined, penalized, or
                        sanctioned by the Office of Foreign Assets
                        Control of the Department of the Treasury for
                        violating any Federal rule or restriction
                        relating to Sudan after the date of the
                        enactment of this Act; and
                    (B) does not include--
                            (i) nongovernmental organizations (except
                        agencies of Sudan), which--
                                    (I) have consultative status with
                                the United Nations Economic and Social
                                Council; or
                                    (II) have been accredited by a
                                department or specialized agency of the
                                United Nations;
                            (ii) companies that operate in Sudan under
                        a permit or other authority of the United
                        States;
                            (iii) companies whose business activities
                        in Sudan are strictly limited to the provision
                        of goods and services that are--
                                    (I) intended to relieve human
                                suffering;
                                    (II) intended to promote welfare,
                                health, religious, or spiritual
                                activities;
                                    (III) used for educational
                                purposes;
                                    (IV) used for humanitarian
                                purposes; or
                                    (V) used for journalistic
                                activities.
            (4) Government of sudan.--The term ``Government of
        Sudan''--
                    (A) means--
                            (i) the government in Khartoum, Sudan,
                        which is led by the National Congress Party
                        (formerly known as the National Islamic Front);
                        or
                            (ii) any successor government formed on or
                        after the date of the enactment of this Act,
                        including the Government of National Unity,
                        established in 2005 as a result of the
                        Comprehensive Peace Agreement for Sudan; and
                    (B) does not include the regional Government of
                Southern Sudan.
            (5) State.--The term ``State'' means each of the several
        States of the United States, the District of Columbia, the
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
        Samoa, and the Commonwealth of the Northern Mariana Islands,
        and any department, agency, public university or college,
        county, city, village, or township of such governmental entity.

SEC. 5. AUTHORIZATION FOR CERTAIN STATE AND LOCAL DIVESTMENT MEASURES.

    (a) In General.--Notwithstanding any other provision of law, any
State may adopt measures to prohibit any investment of State assets in
the Government of Sudan or in any company with a qualifying business
relationship with Sudan, during any period in which the Government of
Sudan, or the officials of such government are subject to sanctions
authorized under--
            (1) the Sudan Peace Act (Public Law 107-245);
            (2) the Comprehensive Peace in Sudan Act of 2004 (Public
        Law 108-497);
            (3) the USA PATRIOT Improvement and Reauthorization Act of
        2005 (Public Law 109-177);
            (4) the Darfur Peace and Accountability Act of 2006 (Public
        Law 109-344); or
            (5) any other Federal law or executive order.
    (b) Applicability.--Subsection (a) shall apply to measures adopted
by a State before, on, or after the date of the enactment of this Act.

Output:
Sudan Divestment Authorization Act of 2007 - Declares the sense of Congress that states and other governmental entities should be permitted to provide for the divestment of certain state assets within their jurisdictions as an expression of opposition to the genocidal actions and policies of the Government of Sudan.

Authorizes any state to adopt measures to prohibit any investment of state assets in the Government of Sudan, or in any company with a qualifying business relationship with Sudan, during any period in which the Government of Sudan, or the officials of such government are subject to sanctions authorized under the Sudan Peace Act, the Comprehensive Peace in Sudan Act of 2004, the USA PATRIOT Improvement and Reauthorization Act of 2005, the Darfur Peace and Accountability Act of 2006, or any other federal law or executive order.

Defines state assets as any public pension, retirement, annuity, or endowment fund, or similar instrument managed by a state.

Applies this Act to measures adopted by a state before, on, or after the enactment of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TRICARE Protection Act''.

SEC. 2. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE UNITED
              STATES.

    (a) Report Required.--
            (1) In general.--Not later than 90 days after the date of
        the enactment of this Act, the Secretary of Defense shall
        submit to the Committees on Armed Services of the Senate and
        the House of Representatives a report setting forth the policy
        of the Department of Defense on the future availability of
        TRICARE Prime under the TRICARE program for eligible
        beneficiaries in all TRICARE regions throughout the United
        States.
            (2) Elements.--The report required by paragraph (1) shall
        include the following:
                    (A) A description, by region, of the difference in
                availability of TRICARE Prime for eligible
                beneficiaries (other than eligible beneficiaries on
                active duty in the Armed Forces) under newly awarded
                TRICARE managed care contracts, including, in
                particular, an identification of the regions or areas
                in which TRICARE Prime will no longer be available for
                such beneficiaries under such contracts.
                    (B) In accordance with paragraph (3), a plan to
                ensure that an affected eligible beneficiary identified
                under subsection (b) retains access to a primary care
                provider that meets the TRICARE access standards.
                    (C) An estimate of the increased costs to be
                incurred by an affected eligible beneficiary for health
                care under the TRICARE program.
                    (D) An estimate of the savings to be achieved by
                the Department as a result of the contracts described
                in subparagraph (A).
                    (E) A description of the plans of the Department to
                continue to assess the impact on access to health care
                for affected eligible beneficiaries, including the plan
                to carry out subsection (b).
            (3) Development of plan.--In developing the plan described
        in paragraph (2)(B), the Secretary shall include the following
        actions under such plan:
                    (A) The establishment of a navigator service to
                assist an affected eligible beneficiary identified
                under subsection (b) in locating a primary care
                provider.
                    (B) Allowing an affected eligible beneficiary to
                enroll in TRICARE Prime Remote if the Secretary
                determines that the beneficiary would not otherwise
                have access to a primary care provider that meets the
                TRICARE access standards, regardless of whether such
                eligible beneficiary would otherwise be eligible for
                such program.
                    (C) Any other action the Secretary considers
                appropriate.
    (b) Identification of Beneficiaries Without Access to a Primary
Care Provider.--The Secretary shall identify the affected eligible
beneficiaries whom the Secretary determines, because of the contracts
described in subsection (a)(2)(A), will not retain access to a primary
care provider that meets the TRICARE access standards.
    (c) Implementation of Plan.--
            (1) Initial implementation.--Beginning on the date that is
        60 days after the date on which the Secretary submits the
        report under paragraph (1) of subsection (a), the Secretary
        shall implement the plan described in paragraph (2)(B) of such
        subsection.
            (2) Duration.--The Secretary shall carry out the
        implementation of the plan under paragraph (1) until the
        earlier of the following dates:
                    (A) Any date after the date that is one year after
                the date on which the Secretary begins to carry out
                such implementation if the Secretary determines that
                each affected eligible beneficiary identified under
                subsection (b) will have access to a primary care
                provider under a contract described in subsection
                (a)(2)(A) that meets the TRICARE access standards.
                    (B) The date that is two years after the date on
                which the Secretary begins to carry out such
                implementation.
    (d) Monitoring of Access.--Section 711 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
190; 10 U.S.C. 1073 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by adding at the end the
                following new subparagraph:
                    ``(D) The access available for affected eligible
                beneficiaries to a primary care provider that meets the
                TRICARE access standards.''; and
                    (B) in paragraph (3), by adding at the end the
                following new subparagraph:
                    ``(D) In the case of the surveys required by
                subparagraph (D) of that paragraph, in each region or
                area in which TRICARE Prime will no longer be available
                for eligible beneficiaries under newly awarded TRICARE
                managed care contracts in each of fiscal years 2013
                through 2015.'';
            (2) in paragraph (2) of subsection (b), by adding at the
        end the following new subparagraph:
                    ``(I) An assessment of the access available for
                affected eligible beneficiaries to a primary care
                provider that meets the TRICARE access standards.'';
                and
            (3) in subsection (e), by adding at the end the following
        new paragraphs:
            ``(8) The term `affected eligible beneficiary' means an
        eligible beneficiary under the TRICARE Program (other than
        eligible beneficiaries on active duty in the Armed Forces) who,
        as of the date of the enactment of this paragraph--
                    ``(A) is enrolled in TRICARE Prime; and
                    ``(B) resides in a region of the United States in
                which TRICARE Prime enrollment will no longer be
                available for such beneficiary under a contract
                described in subsection (a)(3)(D) that does not allow
                for such enrollment because of the location in which
                such beneficiary resides.
            ``(9) The term `TRICARE access standards' means the
        standards developed under the TRICARE Program to ensure that
        beneficiaries do not experience excessive wait times or travel
        times to access health care.''.
    (e) Definitions.--In this section:
            (1) The term ``affected eligible beneficiary'' means an
        eligible beneficiary under the TRICARE Program (other than
        eligible beneficiaries on active duty in the Armed Forces) who,
        as of the date of the enactment of this Act--
                    (A) is enrolled in TRICARE Prime; and
                    (B) resides in a region of the United States in
                which TRICARE Prime enrollment will no longer be
                available for such beneficiary under a contract
                described in subsection (a)(2)(A) that does not allow
                for such enrollment because of the location in which
                such beneficiary resides.
            (2) The term ``TRICARE access standards'' means the
        standards developed under the TRICARE Program to ensure that
        beneficiaries do not experience excessive wait times or travel
        times to access health care.
            (3) The term ``TRICARE Prime'' means the managed care
        option of the TRICARE program.

Output:
TRICARE Protection Act - Directs the Secretary of Defense to report to the congressional defense committees setting forth Department of Defense (DOD) policy on the future availability of TRICARE Prime (a DOD managed health care program) for eligible beneficiaries in all TRICARE regions.

Directs the Secretary to: (1) identify beneficiaries whom the Secretary determines will not retain primary care provider access under newly awarded TRICARE contracts, and (2) implement a plan to ensure that such beneficiaries will retain access that meets TRICARE access standards.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cache La Poudre River Basin Heritage
Study Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the Cache La Poudre River basin contains significant
        historical, recreational, scenic, cultural, natural, economic,
        and scientific resources; and
            (2) sites and structures within the Cache La Poudre River
        Basin represent--
                    (A) the development and management of water
                resources critical to the westward expansion of the
                Nation; and
                    (B) the sociocultural evolution of a working river,
                from aboriginal tribes through early exploration,
                nineteenth century settlement, development of a water
                dependent agricultural economy, through the ongoing
                transition to present day urban development.
    (b) The purposes of this Act are--
            (1) to identify and assess the management alternatives
        encompassing the resources and themes of western water
        development in the United States; and
            (2) to evaluate strategies for multiobjective uses and
        protection of the Cache La Poudre floodplain through
        development of a River Greenway Plan.

SEC. 3. CACHE LA POUDRE RIVER BASIN HERITAGE STUDY.

    (a) In General.--The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') shall prepare a study of alternatives
for the Cache La Poudre River Basin in the State of Colorado. The study
shall include, but not be limited to--
            (1) an inventory and assessment of significant cultural,
        natural, recreational, and scenic resources throughout the
        Cache La Poudre River Basin, using existing information where
        available;
            (2) an evaluation of properties to determine potential
        eligibility for inclusion on the National Register of Historic
        Places;
            (3) the suitability and feasibility of designating the
        Cache La Poudre River Basin as a National Heritage Area;
            (4) the identification of themes, resources, and events
        which illustrate how settlement of the West was dependent upon
        and dictated by the development and management of water;
            (5) the development of a Greenway Plan for the floodplain
        of the Cache La Poudre River that addresses--
                    (A) appropriate and compatible recreational
                opportunities;
                    (B) protection of fish and wildlife habitat;
                    (C) maintenance or improvement of water quality;
                    (D) protection of wetlands;
                    (E) maintenance of natural hydrological processes;
                    (F) maintenance of riparian vegetation; and
                    (G) flood protection through resource protection
                and development;
            (6) an evaluation of the demonstration project undertaken
        by the Secretary pursuant to subsection (d), including
        recommendations for the disposition of any lands acquired
        pursuant to such project;
            (7) the identification of interpretive opportunities and
        methods;
            (8) the identification of preservation strategies for
        resources located with the Cache La Poudre River Basin; and
            (9) management alternatives and funding options for the
        implementation of such preservation strategies.
    (b) Consultation.--The study referred to in subsection (a) shall be
prepared in consultation with the Cache La Poudre River Basin Heritage
Advisory Commission established pursuant to section 4, affected units
of local governments, and other interested public and private entities.
    (c) Report to Congress.--The study shall be completed no later than
two years after the date funds are made available for the purposes of
this section. Upon completion, the Secretary shall transmit such report
to the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Interior and Insular Affairs of the United
States House of Representatives.
    (d) Demonstration Project.--(1) In furtherance of the purposes of
this Act, the Secretary, in consultation with the Cache La Poudre River
Heritage Commission established by section 4, is authorized to
undertake a demonstration project to evaluate the potential of using
voluntary land exchanges within the Cache La Poudre River floodplain
(hereinafter referred to as the ``floodplain'') as a means to provide
for the long-term preservation and management of the lands within the
floodplain.
    (2) During the period of the study, the Secretary or the head of a
Federal agency is authorized to acquire lands within the floodplain in
Larimer and Weld Counties in the State of Colorado only through
voluntary land exchanges: Provided, That such land exchanges shall be
on an equal value basis, and shall be conducted in accordance with
applicable law.
    (3) Lands acquired pursuant to this subsection shall be managed in
a manner that does not preclude the implementation of any management
alternative identified in the study of alternatives or the Greenway
Plan referred to in subsection (a).
    (4) Where appropriate, the Secretary shall seek to enter into
memoranda of agreement with other Federal agencies to manage land
administered by such agencies within the floodplain, consistent with
the purposes of this Act.

SEC. 4. CACHE LA POUDRE RIVER BASIN HERITAGE ADVISORY COMMISSION.

    (a) Establishment.--There is established the Cache La Poudre River
Basin Heritage Advisory Commission (hereinafter referred to as the
``Commission''), to advise the Secretary on the preparation of the
study referred to in section 3(a).
    (b) Membership.--The Commission shall be composed of 15 members
appointed by the Secretary as follows--
            (1) the Director of the National Park Service, or the
        Director's designee, ex officio;
            (2) the Secretary of Agriculture, acting through the Chief
        of the Forest Service, or the Chief's designee, ex officio;
            (3) nine members from recommendations submitted by the
        Governor of the State of Colorado, including one member each to
        represent--
                    (A) the State;
                    (B) Colorado State University;
                    (C) the Northern Colorado Water Conservancy
                District;
                    (D) the city of Fort Collins;
                    (E) Larimer County;
                    (F) the city of Greeley; and
                    (G) Weld County;
        and two members to represent the general public, who reside in
        the study area.
    (c) Chairperson.--The members of the Commission shall elect a
chairperson from among its members.
    (d) Vacancies.--Vacancies on the Commission shall be filled in the
same manner in which the original appointment was made.
    (e) Meetings.--The Commission shall meet at the call of the
Chairperson.
    (f) Compensation.--Members of the Commission shall receive no
compensation on account of their service on the Commission. While away
from their homes or regular places of business in the performance of
services for the Commission, members shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States Code.
    (g) Waiver.--The provisions of section 14(b) of the Act of October
6, 1972 (86 Stat. 776), are hereby waived with respect to this
Commission.
    (h) Annual Reports.--The Commission shall publish and submit to the
Secretary and the Governor of the State of Colorado an annual report
concerning the Commission's activities.
    (i) Termination.--The Commission shall terminate upon the
completion of the study referred to in section 3.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Output:
Cache La Poudre River Basin Heritage Study Act - Directs the Secretary of the Interior to prepare a study of alternatives for the Cache La Poudre River Basin in Colorado, including:  (1) an inventory and assessment of significant cultural, natural, recreational, and scenic resources throughout the Basin; (2) an evaluation of properties to determine potential eligibility for inclusion on the National Register of Historic Places; (3) the suitability and feasibility of designating the Basin as a National Heritage Area; and (4) the identification of preservation strategies for resources located within the Basin, and management alternatives and funding options for the implementation of such strategies.
Authorizes the Secretary to undertake a demonstration project to evaluate the potential of using voluntary land exchanges within the Cache La Poudre River flood plain as a means to provide for the long-term preservation and management of the lands within the floodplain.
Establishes the Cock La Poudre River Basin Heritage Advisory Commission to advise the Secretary on the preparation of the study.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Burial Benefits Improvement
Act of 2012''.

SEC. 2. INCREASE IN BURIAL BENEFITS FOR VETERANS.

    (a) Burial and Funeral Expenses.--(1) Section 2302(a) of title 38,
United States Code, is amended by striking ``$300'' and inserting
``$3,000 (as increased from time to time under section 5312(a) of this
title)''.
    (2) Section 2303(a)(1)(A) of such title is amended by striking
``$700'' and inserting ``$3,000''.
    (3) Section 2307 of such title is amended by striking ``$2,000,''
and inserting ``$4,000 (as increased from time to time under section
5312(a) of this title),''.
    (b) Plot Allowance.--Section 2303(b) of such title is amended--
            (1) in paragraph (1), by striking ``$700'' and inserting
        ``$800''; and
            (2) in paragraph (2), by striking ``$700'' the second place
        it appears and inserting ``$800''.
    (c) Annual Adjustment.--Section 5312(a) of such title is amended by
striking ``and each rate of monthly allowance paid under section 1805
of this title,'' and inserting ``each rate of monthly allowance paid
under section 1805 of this title, each rate of burial and funeral
expenses provided for under sections 2302(a) and 2307 of this title,
and each rate of plot allowance provided for under section 2303(b) of
this title,''.
    (d) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to deaths occurring on or
after the date of the enactment of this Act.
    (2) No adjustments shall be made under section 5312(a) of title 38,
United States Code, as amended by subsection (c), for fiscal year 2012
for rates of burial and funeral expenses provided for under sections
2302(a) and 2307 of title 38, United States Code.

SEC. 3. RESTORATION OF VETERAN PLOT ALLOWANCE ELIGIBILITY AND HEADSTONE
              OR MARKER ALLOWANCE.

    (a) Restoration of Plot Allowance Eligibility for Veterans of Any
War.--Section 2303(b) of title 38, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking
        ``subsection (a) of this section'' and all that follows through
        ``and who'' and inserting the following: ``subsection (a), in
        the case of a veteran who is eligible for a burial allowance
        under such subsection or under section 2302 of this title, who
        was discharged from the active military, naval, or air service
        for a disability incurred or aggravated in the line of duty, or
        who is a veteran of any war and''; and
            (2) in paragraph (2)--
                    (A) by striking ``is eligible for a burial
                allowance under section 2302 of this title or under
                subsection (a) of this section, or was discharged from
                the active military, naval, or air service for a
                disability incurred or aggravated in line of duty, and
                such veteran''; and
                    (B) by striking ``clause (1) of this subsection''
                and inserting ``paragraph (1)''.
    (b) Restoration of Headstone or Marker Allowance.--
            (1) Allowance.--Section 2306 of title 38, United States
        Code, is amended by adding at the end the following new
        subsection:
    ``(h) In lieu of furnishing a headstone or marker under subsection
(a)(2) or (b), the Secretary, in the Secretary's discretion, having due
regard for the circumstances in each case, may reimburse the person
entitled to request such headstone or marker for the cost of acquiring
a non-Government headstone or marker for placement in any cemetery
other than a national cemetery in connection with the burial or
memorialization of the deceased individual.''.
            (2) Conforming amendment.--Subsection (g) of such section
        is amended by adding at the end the following new paragraph:
    ``(4) Reimbursement may not be provided under subsection (h) for
the cost of acquiring a non-Government headstone or marker in
connection with the burial or memorialization of a person described in
section 2411(b) of this title.''.
            (3) Clerical amendment.--Subsection (a) of such section is
        amended by moving the margin of each of paragraphs (1) through
        (5) by two ems to the right.
            (4) Effective date.--The amendments made by this subsection
        shall apply with respect to deaths occurring on or after the
        date of the enactment of this Act.

SEC. 4. EXPANSION OF BURIAL BENEFITS FOR VETERANS.

    (a) Homeless Veterans.--
            (1) In general.--Chapter 23 of such title is amended by
        inserting after section 2302 the following new section:
``Sec. 2302A. Funeral expenses for homeless veterans not serving during
              wartime
    ``(a) Payment of Funeral Expenses.--The Secretary, in the
Secretary's discretion, having due regard to the circumstances in each
case, may pay a sum not exceeding the amount authorized under section
2302(a) of this title to such person as the Secretary prescribes to
cover the burial and funeral expenses of a deceased veteran described
in subsection (b) and the expense of preparing the body and
transporting it to the place of burial.
    ``(b) Homeless Veteran.--A deceased veteran described in this
subsection is an individual--
            ``(1) whom the Secretary determines--
                    ``(A) is a homeless veteran (as defined in section
                2002(1) of this title);
                    ``(B) has no next of kin or other person claiming
                the body of the deceased veteran; and
                    ``(C) does not have available sufficient resources
                to cover burial and funeral expenses;
            ``(2) whose service in the Armed Forces was not during
        wartime; and
            ``(3) who was either--
                    ``(A) discharged from the active military, naval,
                or air service under honorable conditions; or
                    ``(B) died during a period deemed to be active
                military, naval, or air service under section 106(c) of
                this title.
    ``(c) Deductions.--(1) Except as provided in this subsection, no
deduction shall be made from the burial allowance because of the
veteran's net assets at the time of the death of such veteran, or
because of any contribution from any source toward the burial and
funeral expenses (including transportation) unless the amount of
expenses incurred is covered by the amount actually paid therefore by
the United States, a State, any agency or political subdivision of the
United States or of a State, or the employer of the deceased veteran.
    ``(2) No claim shall be allowed--
            ``(A) for more than the difference between the entire
        amount of the expenses incurred and an amount paid by the
        United States, a State, any agency or political subdivision of
        the United States or of a State, or the employer of the
        deceased veteran, as described in paragraph (1);
            ``(B) when the burial allowance would revert to the funds
        of a public or private organization or would discharge such an
        organization's obligation without payment; or
            ``(C) in any case where payment of expenses of funeral,
        transportation, and interment for the veteran is made under any
        other Act.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by inserting after the
        item relating to section 2302 the following new item:

``2302A. Funeral expenses for homeless veterans not serving during
                            wartime.''.
    (b) Effective Date.--The amendment made by subsection (a)(1) shall
apply to deaths occurring on or after the date of the enactment of this
Act.

Output:
Veterans Burial Benefits Improvement Act of 2012 - Increases the authorized allowance for burial and funeral expenses for deceased veterans who: (1) at the time of death were in receipt of veterans' disability compensation or veterans' pension benefits, or (2) were veterans of any war or were discharged or released from active military service for a service-connected disability and have no next of kin or sufficient resources to cover funeral and burial costs. Increases the burial and funeral allowances for veterans who: (1) at the time of death, were receiving hospital or nursing home care in or through the Department of Veterans Affairs (VA); or (2) die as a result of a service-connected disability. Authorizes the annual adjustment of such allowances by the same percentage increase as adjustments to benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.

Authorizes a burial plot allowance, as well as reimbursement for a burial headstone or marker, for a veteran of any war.

Authorizes the VA to cover the burial and funeral expenses of a deceased veteran: (1) who is homeless, has no next of kin or other person claiming the body, and does not have sufficient resources to cover such expenses; (2) whose service in the Armed Forces was not during wartime; and (3) who was either discharged under honorable conditions or died during a period deemed to be active service. Prohibits any deduction from the burial allowance because of a veteran's assets or because of any contribution toward the burial and funeral expenses, unless the expenses incurred are covered by the United States, a state, an agency or political subdivision of the United States or a state, or the veteran's employer.