Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 1998''.

SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.

    (a) In General.--A domestic partner of an employee shall be
entitled to benefits available to and obligations imposed upon a spouse
of an employee.
    (b) Certification of Eligibility.--In order to obtain benefits
under this Act, an employee shall file an affidavit of eligibility for
benefits with the Office of Personnel Management certifying that the
employee and the domestic partner of the employee--
            (1) are each other's sole domestic partner and intend to
        remain so indefinitely;
            (2) have a common residence, and intend to continue the
        arrangement;
            (3) are at least 18 years of age and mentally competent to
        consent to contract;
            (4) share responsibility for a significant measure of each
        other's common welfare and financial obligations;
            (5) are not married to or domestic partners with anyone
        else;
            (6) understand that willful falsification of information
        within the affidavit may lead to disciplinary action, including
        termination of employment, and the recovery of the cost of
        benefits received related to such falsification; and
            (7) are same sex domestic partners, and not related in a
        way that, if the 2 were of opposite sex, would prohibit legal
        marriage in the State in which they reside.
    (c) Dissolution of Partnership.--
            (1) In general.--An employee or domestic partner of an
        employee who obtains benefits under this Act shall file a
        statement of dissolution of the domestic partnership with the
        Office of Personnel Management not later than 30 days after the
        death of the employee or the domestic partner or the date of
        dissolution of the domestic partnership.
            (2) Death of employee.--In a case in which an employee
        dies, the domestic partner of the employee at the time of death
        shall be deemed a spouse of the employee for the purpose of
        receiving benefits under this Act.
            (3) Other dissolution of partnership.--
                    (A) In general.--In a case in which a domestic
                partnership dissolves by a method other than death of
                the employee or domestic partner of the employee, any
                benefits received by the domestic partner as a result
                of this Act shall terminate.
                    (B) Exception.--In a case in which a domestic
                partnership dissolves by a method other than death of
                the employee or domestic partner of the employee, any
                health benefits received by the domestic partner as a
                result of this Act shall continue for a period of 60
                days after the date of the dissolution of the
                partnership. The domestic partner shall pay for such
                benefits in the same manner that a former spouse would
                pay for such benefits under section 8905a of title 5,
                United States Code.
    (d) Subsequent Partnerships.--If an employee files a statement of
dissolution of partnership under subsection (c)(1), the employee may
file a certification of eligibility under subsection (b) relating to
another partner--
            (1) not earlier than 180 days after the date of filing such
        statement of dissolution, if such dissolution did not result
        from the death of a partner; or
            (2) on any date after the filing of such statement of
        dissolution, if such dissolution resulted from the death of a
        partner.
    (e) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
    (f) Definitions.--In this Act:
            (1) Domestic partner.--The term ``domestic partner'' means
        an adult person living with, but not married to, another adult
        person in a committed, intimate relationship.
            (2) Benefits.--The term ``benefits'' means--
                    (A) any benefit under the civil service retirement
                system under chapter 83 of title 5, United States Code,
                including any benefit from participation in the thrift
                savings plan under subchapter III of chapter 84 of such
                title;
                    (B) any benefit under the Federal employees'
                retirement system under chapter 84 of title 5, United
                States Code;
                    (C) life insurance benefits under chapter 87 of
                title 5, United States Code;
                    (D) health insurance benefits under chapter 89 of
                title 5, United States Code; and
                    (E) compensation for work injuries under chapter 81
                of title 5, United States Code.
            (3) Employee.--
                    (A) With respect to Civil Service Retirement, the
                term ``employee'' shall have the meaning given such
                term in section 8331(1) of title 5, United States Code.
                    (B) With respect to Federal Employees' Retirement,
                the term ``employee'' shall have the meaning given such
                term in section 8401(11) of title 5, United States
                Code.
                    (C) With respect to life insurance, the term
                ``employee'' shall have the meaning given such term in
                section 8701(a) of title 5, United States Code.
                    (D) With respect to health insurance, the term
                ``employee'' shall have the meaning given such term in
                section 8901 of title 5, United States Code.
                    (E) With respect to compensation for work injuries,
                the term ``employee'' shall have the meaning given such
                term in section 8101(1) of title 5, United States Code.
            (4) Obligations.--The term ``obligations'' means any duties
        or responsibilities that would be incurred by the spouse of an
        employee.

SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO
              DOMESTIC PARTNERS.

    Section 106 of the Internal Revenue Code of 1986 (relating to
contributions by employer to accident and health plans) is amended by
adding at the end the following new subsection:
    ``(d) Treatment of Domestic Partners.--The provisions of section 2
of the Domestic Partnership Benefits and Obligations Act of 1998 shall
apply to employees and domestic partners of employees for purposes of
this section and any other benefit which is not includible in the gross
income of employees by reason of an express provision of this
chapter.''.

SEC. 4. FUNDING.

    It is the sense of Congress that any funds necessary for the
implementation of this Act should be funded from reductions in
unnecessary tax benefits available only to large corporations and
individuals who are in the maximum tax bracket.

Output:
Domestic Partnership Benefits and Obligations Act of 1998 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees.
Expresses the sense of the Congress that any funds necessary for the implementation of this Act should be funded from reductions in unnecessary tax benefits available only to large corporations and individuals who are in the maximum tax bracket.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Green Infrastructure for Clean Water
Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Many water resources in the United States are
        declining, particularly in urban areas.
            (2) This decline of water resources is the result of an
        increase in population, water consumption, and impermeable
        surfaces, as well as the negative effects of urbanization,
        commercial and industrial activities, and climate change.
            (3) An October 2008 study by the National Research Council
        found that some of the benefits of green infrastructure include
        increased water supplies, the creation of green jobs, cost
        savings, and a reduction of stormwater runoff, surface water
        discharge, stormwater pollution, and stormwater flows.

SEC. 3. CENTERS OF EXCELLENCE FOR GREEN INFRASTRUCTURE.

    (a) Establishment of Centers.--
            (1) In general.--The Administrator shall make grants on a
        competitive basis to eligible institutions to establish and
        maintain not fewer than 3 and not more than 5 centers of
        excellence for green infrastructure, located throughout the
        United States.
            (2) General operation.--Each center shall--
                    (A) conduct research on green infrastructure that
                is relevant to the geographic region in which the
                center is located, including stormwater and sewer
                overflow reduction, other approaches to water resource
                enhancement, and other environmental, economic, and
                social benefits;
                    (B) develop manuals and set industry standards on
                best management practices relating to State, local, and
                commercial green infrastructure for use by State and
                local governments and the private sector;
                    (C) provide information about research conducted
                under subparagraph (A) and manuals produced under
                subparagraph (B) to the national electronic
                clearinghouse center for publication on the Web site
                created pursuant to subsection (c) to inform the
                Federal Government and State and local governments and
                the private sector about green infrastructure;
                    (D) provide technical assistance to State and local
                governments to assist with green infrastructure
                projects;
                    (E) collaborate with institutions of higher
                education and private and public organizations in the
                geographic region in which the center is located on
                green infrastructure research and technical assistance
                projects;
                    (F) assist institutions of higher education,
                secondary schools, and vocational schools to develop
                green infrastructure curricula;
                    (G) provide training about green infrastructure to
                institutions of higher education and professional
                schools;
                    (H) evaluate regulatory and policy issues about
                green infrastructure; and
                    (I) coordinate with the other centers to avoid
                duplication of efforts.
    (b) Application.--To be eligible to receive a grant under this
section, an eligible institution shall prepare and submit to the
Administrator an application at such a time, in such form, and
containing such information and assurances as the Administrator may
require.
    (c) National Electronic Clearinghouse Center.--One of the centers
established under section (a)(1) shall be designated and known as the
``national electronic clearinghouse center'' and shall, in addition to
its other functions--
            (1) develop, operate, and maintain a Web site and a public
        database, containing information relating to green
        infrastructure; and
            (2) post information from the centers to the Web site.

SEC. 4. GREEN INFRASTRUCTURE GRANTS.

    (a) Grant Authority.--The Administrator shall make grants on a
competitive basis to eligible entities to carry out green
infrastructure projects in accordance with this section.
    (b) Green Infrastructure Projects.--
            (1) Planning and development grants.--The Administrator may
        make planning and development grants under this section for the
        following projects:
                    (A) Planning and designing green infrastructure
                projects, including engineering surveys, landscape
                plans, and implementation plans.
                    (B) Identifying and developing standards and
                revisions to local zoning, building, or other local
                codes necessary to accommodate green infrastructure
                projects.
                    (C) Identifying and developing fee structures to
                provide financial support for design, installation, and
                operations and maintenance of green infrastructure.
                    (D) Developing training and educational materials
                about green infrastructure for distribution to both
                those with applicable technical knowledge and the
                public in general.
                    (E) Developing a green infrastructure portfolio
                standard program described in section 5(e).
            (2) Implementation grants.--The Administrator may make
        implementation grants under this section for the following
        projects:
                    (A) Installing green infrastructure.
                    (B) Monitoring and evaluating the environmental,
                economic, or social benefits of green infrastructure.
                    (C) Implementing a best practices standard for a
                green infrastructure program.
                    (D) Implementing a green infrastructure portfolio
                standard program described in section 5(e).
    (c) Application.--Except as otherwise provided, to be eligible to
receive a grant under this section, an eligible entity shall prepare
and submit to the Administrator an application at such time, in such
form, and containing such information and assurances as the
Administrator may require, that includes, where applicable--
            (1) a description of the green infrastructure project;
            (2) a plan for monitoring the impacts of the green
        infrastructure project on the water quality and quantity;
            (3) an evaluation of other environmental, economic, or
        social benefits of the green infrastructure project; and
            (4) a plan for the long-term operation and maintenance of
        the green infrastructure project.
    (d) Additional Requirement for Green Infrastructure Portfolio
Standard Project.--A State applying for a grant for a green
infrastructure portfolio standard program described in section 5(e)
shall prepare and submit a schedule of increasing minimum percentages
of the annual water to be managed using green infrastructure under the
program.
    (e) Priority.--In making grants under this section, the
Administrator shall give priority to applications--
            (1) submitted from a community--
                    (A) that--
                            (i) has combined storm and sanitary sewers
                        in its collection system; or
                            (ii) is low-income or disadvantaged as
                        determined by the Administrator; or
            (2) submitted from an eligible entity that will use 10
        percent of the grant provided for a low-income or disadvantaged
        community as determined by the Administrator.
    (f) Grant Limitation.--
            (1) Planning and development grant.--The Administrator may
        not make a planning and development grant under this section in
        an amount that exceeds $200,000. The Administrator may not make
        planning and development grants of more than $100,000,000, in
        the aggregate, in each fiscal year.
            (2) Implementation grant.--The Administrator may not make
        an implementation grant under this section in an amount that
        exceeds $3,000,000. The Administrator may not make
        implementation grants of more than $200,000,000, in the
        aggregate, in each fiscal year.
    (g) Federal Share.--
            (1) In general.--Except as provided under paragraph (3),
        the Federal share of a grant provided under this section may
        not exceed 65 percent of the total project cost.
            (2) Credit for implementation grant.--The Administrator
        shall credit toward the non-Federal share of the cost of an
        implementation project carried out under this section the cost
        of planning, design, and construction work completed for the
        project with funds other than funds provided under this Act.
            (3) Exception.--The Administrator may waive the Federal
        share limitation under paragraph (1) for an eligible entity
        that has adequately demonstrated financial need.

SEC. 5. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE PROGRAM.

    (a) Establishment.--The Administrator shall establish within the
Office of Water of the Agency a green infrastructure program, the
purpose of which is to coordinate and promote the use of green
infrastructure and to integrate green infrastructure into permitting
programs.
    (b) Duties.--The Administrator shall carry out the green
infrastructure program by--
            (1) promoting the use of green infrastructure in the
        programs of the Agency; and
            (2) coordinating efforts to increase the use of green
        infrastructure with other Federal agencies, State and local
        governments, and the private sector.
    (c) Regional Implementation of Green Infrastructure Program.--The
Administrator shall direct each regional office of the Agency to
develop a program to promote and integrate the use of green
infrastructure within the region that includes--
            (1) a plan for monitoring, financing, and designing the
        green infrastructure;
            (2) outreach and training on green infrastructure
        implementation for State and local governments and the private
        sector; and
            (3) the incorporation of green infrastructure into
        permitting and other regulatory programs, codes, and ordinance
        development, including the requirements under consent decrees
        and settlement agreements in enforcement actions.
    (d) Green Infrastructure Compliance Assistance Center.--The
Administrator shall create a compliance assistance center, including a
Web site, to share information with and provide technical assistance to
State and local governments, the private sector, and the public about
green infrastructure approaches to reducing water pollution, protecting
water resources, complying with regulatory requirements, and achieving
other environmental, public health, and community goals.
    (e) Green Infrastructure Portfolio Standard.--The Administrator, in
collaboration with State and local water resource managers, shall
establish measurable goals, to be known as the ``green infrastructure
portfolio standard'', to increase the percentage of annual water
managed by eligible entities that uses green infrastructure.

SEC. 6. REPORT TO CONGRESS.

    Before the end of fiscal year 2014, the Administrator shall submit
to Congress a report that includes the following:
            (1) A description of all grants made under this Act and a
        detailed description of the projects supported and their
        outcomes.
            (2) A description of the improvements in technology,
        environmental benefits, resources conserved, efficiencies, and
        other benefits of the projects funded under this Act.
            (3) Recommendations on improvements to promote and support
        green infrastructure for the centers, grants, and programs
        under this Act.
            (4) A description of the existing challenges concerning the
        use of green infrastructure.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental
        Protection Agency.
            (3) Center.--The term ``center'' means a center of
        excellence for green infrastructure established under section
        3(a).
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or local government; or
                    (B) a local, regional, or other entity that manages
                stormwater, water resources, or waste water resources.
            (5) Eligible institution.--
                    (A) In general.--The term ``eligible institution''
                means an institution of higher education, or a research
                institution, that has demonstrated excellence in green
                infrastructure by--
                            (i) conducting research on green
                        infrastructure to determine how it reduces
                        municipal stormwater runoff, enhances and
                        protects drinking water sources, and improves
                        water quality;
                            (ii) developing and disseminating
                        information about how an organization can use
                        green infrastructure;
                            (iii) providing technical assistance to an
                        organization for a green infrastructure
                        project;
                            (iv) developing best practices standards
                        for green infrastructure;
                            (v) providing job training in green
                        infrastructure;
                            (vi) developing course curricula for
                        elementary schools, secondary schools,
                        institutions of higher education, and
                        vocational schools;
                            (vii) training students in green
                        infrastructure; or
                            (viii) providing information to the Federal
                        Government or State and local governments about
                        the implementation of green infrastructure.
                    (B) Additional definitions.--For purposes of
                subparagraph (A):
                            (i) Elementary school.--The term
                        ``elementary school'' has the meaning given
                        that term in section 9101 of the Elementary and
                        Secondary Education Act of 1965 (20 U.S.C.
                        7801).
                            (ii) Institution of higher education.--The
                        term ``institution of higher education'' has
                        the meaning given that term in section 101 of
                        the Higher Education Act of 1965 (20 U.S.C.
                        1001).
                            (iii) Research institution.--The term
                        ``research institution'' means an entity that
                        is--
                                    (I) described in section 501(c)(3)
                                of the Internal Revenue Code of 1986;
                                    (II) exempt from tax under section
                                501(a) of the Internal Revenue Code of
                                1986; and
                                    (III) organized and operated for
                                research purposes.
                            (iv) Secondary school.--The term
                        ``secondary school'' has the meaning given that
                        term in section 9101 of the Elementary and
                        Secondary Education Act of 1965 (20 U.S.C.
                        7801).
            (6) Green infrastructure.--The term ``green
        infrastructure''--
                    (A) means any stormwater management technique that
                preserves, restores, enhances, or mimics natural
                hydrology;
                    (B) includes methods that promote absorption,
                uptake, percolation, evapotranspiration, and filtration
                by soil and plant life; or
                    (C) includes the preservation or restoration of--
                            (i) natural topography, including hills,
                        plains, ravines, and shorelines;
                            (ii) ecology, including forests,
                        grasslands, and deserts;
                            (iii) bodies of water, including lakes,
                        flood plains, headwaters, and wetlands; and
                            (iv) native soil characteristics of
                        composition, structure, and transmissivity.
            (7) State.--The term ``State'' means each of the several
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, the United States Virgin Islands, Guam, American Samoa,
        the Commonwealth of the Northern Mariana Islands, the Trust
        Territory of the Pacific Islands, and any other territory or
        possession of the United States.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Centers of Excellence for Green Infrastructure.--There is
authorized to be appropriated to carry out section 3, $25,000,000 for
each of fiscal years 2011 through 2014.
    (b) Green Infrastructure Grants.--There is authorized to be
appropriated to carry out section 4, $300,000,000 for each of fiscal
years 2011 through 2014.
    (c) Environmental Protection Agency Green Infrastructure Program.--
There is authorized to be appropriated to carry out section 5,
$25,000,000 for each of fiscal years 2011 through 2014.

Output:
Green Infrastructure for Clean Water Act of 2009 - Requires the Administrator of the Environmental Protection Agency (EPA) to make competitive grants to eligible higher education institutions and research institutions to establish and maintain between three and five centers of excellence for green infrastructure. Defines "green infrastructure" as a stormwater management technique that preserves, restores, enhances, or mimics natural hydrology.

Establishes the duties of each center, including: (1) researching green infrastructure; (2) developing manuals and setting industry standards on best management practices relating to state, local, and commercial green infrastructure; (3) providing information about its research and manuals to the national electronic clearinghouse center; (4) providing technical assistance and training on green infrastructure; and (5) evaluating regulatory and policy issues about green infrastructure.

Requires one of the centers to be designated as the national electronic clearinghouse center, which shall, in addition to its other duties, operate a website and a public database on green infrastructure.

Requires the Administrator to make competitive grants to eligible entities that manage stormwater, water resources, or waste water resources to: (1) plan and design and install green infrastructure projects; (2) develop standards and revisions to local zoning, building, or other local codes necessary to accommodate such projects; (3) develop fee structures to provide financial support for green infrastructure; (4) develop training and educational materials about green infrastructure; (5) develop and implement a green infrastructure portfolio standard program; (6) monitor and evaluate the environmental, economic, or social benefits of green infrastructure; and (7) implement a best practices standard for a green infrastructure program. Requires the Administrator to give priority to applications from: (1) a community that has combined storm and sanitary sewers in its collection system or is low-income or disadvantaged; or (2) an eligible entity that will use 10% of the grant for a low-income or disadvantaged community.

Requires the Administrator to: (1) establish within EPA's Office of Water a green infrastructure program to coordinate and promote the use of green infrastructure and to integrate green infrastructure into the permitting programs; (2) direct each EPA regional office to develop a program to promote and integrate the use of green infrastructure within the region; (3) create a green infrastructure compliance assistance center; and (4) establish measurable goals, to be known as the green infrastructure portfolio standard, to increase the percentage of annual water managed by eligible entities that uses green infrastructure.


Input:
SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER
              SUPPLY AND STORAGE COMPANY.

    (a) In General.--If the city of Greeley, Colorado, and The Water
Supply and Storage Company, a Colorado mutual ditch company, offer to
transfer all their right, title, and interest in and to lands described
in subsection (b), the Secretary of Agriculture shall, not later than 1
year after the date of the city's and company's offer, in exchange for
the property, transfer to the city and to the company, as the city and
the company, respectively, shall designate, all right, title, and
interest of the United States in and to the Federal land described in
subsection (c).
    (b) City and Company Lands.--
            (1) In general.--The city and company lands to be exchanged
        under this section are the lands described in paragraph (2)
        that are depicted on maps entitled ``Rockwell Ranch Property
        Land Exchange'', ``Timberline Lake Property'', and ``Cameron
        Pass Lands'' dated February 7, 1997.
            (2) Acreage.--
                    (A) Rockwell ranch property.--The Rockwell Ranch
                property is comprised of 4 parcels containing
                approximately 520 acres of land.
                    (B) Timberline lake property.--The Timberline Lake
                Property is a parcel of approximately 10 acres located
                in the Comanche Peak Wilderness.
                    (C) Cameron pass lands.--The Cameron Pass Lands
                consist of 2 parcels totaling approximately 178 acres
                owned by The Water Supply and Storage Company.
            (3) Quit claim deed.--The land described in paragraph
        (2)(B) shall be conveyed by quit claim deed for the purposes of
        eliminating any title conflict between the city of Greeley and
        the United States in regard to the land.
            (4) Availability of maps.--The maps described in paragraph
        (1) shall be on file and available for public inspection in the
        office of the Supervisor of the Arapaho National Forest and
        Roosevelt National Forest in Fort Collins, Colorado.
    (c) Federal Lands.--
            (1) In general.--The Federal lands to be exchanged under
        this section are the lands depicted on the maps described in
        subsection (b) as ``Federal Exchange Lands''.
            (2) Acreage.--The total area of Federal land to be
        exchanged is approximately 1,176 acres, including approximately
        447 acres occupied by the city and the company under perpetual
        easements of the United States Department of the Interior, Nos.
        D-028135 and D-029149.
            (3) Land included.--The Federal land to be exchanged
        includes the following:
                    (A) All Federal land within the high water contour
                lines (that is, the elevation of the dam crest) of the
                following reservoirs: Barnes Meadow, Chambers Lake,
                Comanche, Hourglass, Long Draw, Milton Seaman, Peterson
                Lake, and Twin Lakes, together with their dams and
                structures.
                    (B) A surcharge and operational access area around
                each reservoir consisting of an average 50-foot
                horizontal projection from the high water line and an
                average 100-foot horizontal projection from the outer
                perimeter of all dams, and appurtenant structures
                (including outlets, measuring devices, spillways,
                wasteways, toe drains, canals, abutments, and the
                Peterson Lake operations cabin), as generally depicted
                on the maps described in subsection (b), the access
                area to the east of Long Draw Reservoir being limited
                to the extent necessary to convey only the land within
                the boundary of a national forest.
                    (C) The Federal land that would be occupied by an
                enlargement of Seaman Reservoir to an approximate
                capacity of 43,000 acre feet (but not to exceed 50,000
                acre feet), including an average 50-foot horizontally
                projected buffer zone around the enlarged water line
                and structures and an 80-acre parcel of Federal land
                south of Seaman Reservoir potentially required for a
                downstream damsite on the North Fork of the Cache la
                Poudre River, as generally depicted on the maps
                described in subsection (b).

SEC. 2. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND
              EXCHANGE.

    (a) Processing.--The land exchange under section 1 shall be
processed in accordance with Forest Service Land Exchange Regulations
in subpart A of part 254 of title 36, Code of Federal Regulations,
subject to section 1 and the terms and conditions stated in subsection
(b).
    (b) Terms and Conditions.--
            (1) Easements.--The United States shall--
                    (A) grant perpetual access easements to the city of
                Greeley, Colorado, and to The Water Supply and Storage
                Company to the land conveyed by the United States under
                section 1; and
                    (B) reserve easements for all designated roads and
                trails crossing any Federal land to be conveyed that
                are necessary to ensure public access to adjoining
                national forest land.
            (2) Accessibility.--The city of Greeley, Colorado, and The
        Water Supply and Storage Company shall continue to make
        accessible to visitors to the Roosevelt National Forest, under
        rules and restrictions determined by the city and the company,
        Chambers Reservoir, Long Draw Reservoir, Peterson Reservoir,
        Barnes Meadow Reservoir, Comanche Reservoir, Seaman Reservoir,
        and Twin Lakes Reservoir.
            (3) Special use permits and easements.--All special use
        permits and easements and other instruments authorizing
        occupancy of the Federal land described in section 1(c) are
        rescinded on completion of the exchange.
            (4) Instream flow requirements.--
                    (A) Joint operations plan.--The conditions
                specified in the easements granted on December 28,
                1994, and January 4, 1995, for Long Draw Reservoir,
                Peterson Lake Reservoir, and Barnes Meadow Reservoir
                requiring a joint operations plan providing instream
                winter flows to the mainstream of the Cache la Poudre
                River from Chambers Lake and Barnes Meadow Reservoir
                shall continue to be fulfilled regardless of land
ownership unless the grantor and grantee of an easement agree
otherwise.
                    (B) Rockwell ranch property.--
                            (i) In general.--On completion of the land
                        exchange, the city of Greeley's \1/2\ interest
                        in the rights associated with the Rockwell
                        Ranch property described in clause (ii) shall
                        be dedicated to the Colorado Water Conservation
                        Board in perpetuity for the instream flow
                        program of the State of Colorado.
                            (ii) Rights.--The rights described in this
                        subparagraph are the rights in Rockwell Ditches
                        No. 1 in the volume of 1.2 c.f.s., No. 2 in the
                        volume of 1.7 c.f.s., No. 3 in the volume of
                        2.68 c.f.s., No. 4 in the volume of 1.87
                        c.f.s., No. 5 in the volume of 1.95 c.f.s. and
                        No. 6 in the volume of 2.5 c.f.s., diverting
                        from the South Fork of the Cache la Poudre
                        River, and its tributaries, Little Beaver
                        Creek, and the North Fork of Little Beaver
                        Creek, all with the appropriation date of
                        December 31, 1888.
                    (C) No additional conditions, consultations, or
                mitigation.--No conditions, consultations, or
                mitigation (including instream or bypass flow
                requirements) in addition to those described in this
                Act shall be required as a condition of the land
                exchange.
            (5) Water rights.--Except as provided in paragraph (4)(B),
        the land exchange does not include any water right owned by the
        city of Greeley, Colorado, or The Water Supply and Storage
        Company.
            (6) Conveyance of federal land.--
                    (A) In general.--The Federal land to be exchanged
                shall be conveyed to the city of Greeley, Colorado, and
                to The Water Supply and Storage Company by means of a
                land exchange deed issued by an authorized officer of
                the Forest Service.
                    (B) Surveys.--Notwithstanding any other provision
                of law, the Secretary of Agriculture may conduct and
                approve all cadastral surveys that are necessary for
                completion of the exchange.
            (7) Equal value.--The values of the lands exchanged between
        the United States and the city of Greeley, Colorado, and The
        Water Supply and Storage Company are deemed to be of
        approximately equal value, without need for a cash equalization
        payment.
            (8) New holdings.--
                    (A) In general.--It is recognized that the
                conveyance of certain portions of Federal land to the
                city of Greeley, Colorado, and The Water Supply and
                Storage Company will create new holdings in otherwise
                consolidated areas of Federal ownership.
                    (B) Notification.--If the city of Greeley,
                Colorado, or The Water Supply and Storage Company
                decides to permanently discontinue reservoir operations
                on any of the properties acquired through the exchange,
                the Forest Supervisor of the Arapaho National Forest
                and Roosevelt National Forest shall be advised of the
                intent to perform nonreconstructive breaching of the
                dam for purposes of permanently terminating reservoir
                operations.
                    (C) Opportunity to reacquire.--On notification
                under subparagraph (B), the Forest Service shall be
                afforded the opportunity, for a period not to exceed 1
                year, to reacquire property at fair market value or
                exchange or on such other terms and conditions as may
                be agreed to by the parties concerned.
            (9) Development.--
                    (A) Finding.--Congress finds that the Federal land
                to be exchanged, with the exception of the Seaman
                Reservoir enlargement area and potential new damsite
                below Seaman Reservoir on the North Fork of the Cache
                la Poudre River, are fully developed and authorized for
                occupancy by the city of Greeley, Colorado, and The
                Water Supply and Storage Company.
                    (B) No further inventory or consultation.--The land
                exchange may be completed without further inventory or
                consultation under the National Historic Preservation
                Act (16 U.S.C. 470 et seq.).
                    (C) Enlargement.--If the city of Greeley, Colorado,
                seeks enlargement of Seaman Reservoir or construction
                of a new dam on the North Fork of the Poudre River
                below Seaman Reservoir for a Seaman Reservoir
                Enlargement, the site shall be subject to all Federal
                laws (including regulations) applicable at the time of
                proposed construction.
            (10) Easement for use of cabin.--
                    (A) In general.--The Chief of the Forest Service
                shall grant a 20-year easement to the city of Greeley,
                Colorado, for use of the cabin, in existence on the
                date of enactment of this Act, in the north half of the
                southwest quarter of Section 30, Township 8 North,
                Range 72 West.
                    (B) Allowed uses.--The easement shall allow the use
                of the cabin and other improvements and access to the
                forest land nearby.
                    (C) Access road.--The access road shall be
                available for city employees to have access to the
                cabin for recreational purposes and to the Forest
                Service for administrative purposes.
            (11) Easement for use of land.--
                    (A) In general.--The Chief of the Forest Service
                shall grant a 20-year easement to the city of Greeley,
                Colorado, for use of approximately 1 acre of land under
                the cabin, in existence on the date of enactment of
                this Act, in the vicinity of Jacks Gulch Campground on
                Pingree Road.
                    (B) Allowed uses.--The easement shall include the
                administrative use of the access road to the cabin and
                the reservation of the use of the cabin to persons
                permitted under the special use permit in effect on the
                date of enactment of this Act.

SEC. 3. ADMINISTRATION OF LAND ACQUIRED BY THE UNITED STATES.

    (a) In General.--The land acquired by the United States under
section 1 shall be added to and administered as part of the Roosevelt
National Forest.
    (b) Wilderness.--The portions of the land located within a
wilderness area shall be added to and administered as part of the
wilderness area.

SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND
              ROOSEVELT NATIONAL FOREST.

    (a) Modification.--
            (1) In general.--In order to provide for more efficient
        administration of certain Federal lands adjoining the Arapaho
        National Forest and Roosevelt National Forest--
                    (A) the exterior boundary of the Arapaho National
                Forest is modified as shown on the map entitled
                ``Boundary Modification, Arapaho National Forest''; and
                    (B) the exterior boundary of the Roosevelt National
                Forest is modified as shown on the map entitled
                ``Boundary Modification, Roosevelt National Forest''.
            (2) Public availability.--The maps described in paragraph
        (1) and a legal description of the boundary changes shall be on
        file and available for public inspection in the office of the
        Chief of the Forest Service and appropriate field offices of
        the Forest Service.
    (b) Administration.--All Federal land brought within the boundary
of the Arapaho National Forest and the Roosevelt National Forest by
this Act as a result of the land exchange under section 1 shall be
added to the Arapaho National Forest and the Roosevelt National Forest,
respectively, and administered in accordance with the laws (including
regulations) and other rules applicable to the National Forest System.
    (c) Availability of Certain Lands.--For the purpose of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundary of each of the Arapaho National Forest and the Roosevelt
National Forest, as modified by this section, shall be treated as if it
were the boundary of each forest, respectively, as of January 1, 1965.

Output:
Directs the Secretary of Agriculture to transfer specified Federal lands to the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, if the city and the company offer to transfer specified lands to the United States (Rockwell Ranch and Timberline Lake properties and specified company lands).
Specifies exchange terms and conditions, including that:  (1) the United States shall grant perpetual access easements to the city and the company to the lands conveyed; (2) the city and the company shall continue to make specified reservoirs accessible to visitors to the Roosevelt National Forest; (3) all special use permits, easements, or other instruments authorizing occupancy of certain identified Federal lands are rescinded; and (4) conditions specified in certain easements for Long Draw, Peterson Lake, and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow Reservoir shall continue to be fulfilled regardless of land ownership unless the grantor and grantee of an easement agree otherwise.
Directs that lands acquired by the United States under this Act be added to and administered as part of the Roosevelt National Forest and the portions of such lands located within a wilderness area shall be added to such area.
Modifies the boundaries of the Arapaho and Roosevelt National Forests.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``George Washington Commemorative Coin
Act''.

SEC. 2. COIN SPECIFICATIONS.

    (a) Five Dollar Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
100,000 $5 coins, each of which shall--
            (1) weigh 8.359 grams;
            (2) have a diameter of 0.850 inches; and
            (3) contain 90 percent gold and 10 percent alloy.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.

SEC. 3. SOURCES OF BULLION.

    The Secretary shall obtain gold for minting coins under this Act
pursuant to the authority of the Secretary under other provisions of
law.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design of the coins minted under this
        Act shall be emblematic of George Washington, the first
        President of the United States.
            (2) Designation and inscriptions.--On each coin minted
        under this Act there shall be--
                    (A) a designation of the value of the coin;
                    (B) an inscription of the year ``1999''; and
                    (C) inscriptions of the words ``Liberty'', ``In God
                We Trust'', ``United States of America'', and ``E
                Pluribus Unum''.
    (b) Selection.--The design for the coins minted under this Act
shall be--
            (1) selected by the Secretary after consultation with the
        Mount Vernon Ladies' Association and the Commission of Fine
        Arts; and
            (2) reviewed by the Citizens Commemorative Coin Advisory
        Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
    (b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
    (c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning May 1, 1999.
    (d) Termination of Minting Authority.--No coins may be minted under
this Act after November 1, 1999.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in subsection (d) with respect
        to such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this Act before the issuance of such
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.
    (d) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $35 per coin.

SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

    (a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
    (b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.

SEC. 8. DISTRIBUTION OF SURCHARGES.

    (a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Mount Vernon Ladies' Association to be used--
            (1) to supplement the endowment of the Mount Vernon Ladies'
        Association, which shall be a permanent source of support for
        the preservation of George Washington's home; and
            (2) for the continuation and expansion of the efforts of
        the Mount Vernon Ladies' Association to educate the American
        public about the life of George Washington.
    (b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Mount Vernon Ladies' Association as may be related to the
expenditures of amounts paid under subsection (a).

SEC. 9. FINANCIAL ASSURANCES.

    (a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
    (b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
            (1) full payment for the coin;
            (2) security satisfactory to the Secretary to indemnify the
        United States for full payment; or
            (3) a guarantee of full payment satisfactory to the
        Secretary from a depository institution whose deposits are
        insured by the Federal Deposit Insurance Corporation or the
        National Credit Union Administration Board.

Output:
George Washington Commemorative Coin Act - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington.
Mandates that the design for the coins shall be:  (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association.


Input:
of April 6, 1937 (56 Stat.
                57, chapter 69; 7 U.S.C. 148 et seq.).
                    (F) The Act of January 31, 1942 (56 Stat. 40,
                chapter 31; 7 U.S.C. 149).
                    (G) The Act of August 20, 1912 (commonly known as
                the ``Plant Quarantine Act'') (37 Stat. 315, chapter
                308; 7 U.S.C. 151 et seq.).
                    (H) The Halogeton Glomeratus Control Act (7 U.S.C.
                1651 et seq.).
                    (I) The Act of August 28, 1950 (64 Stat. 561,
                chapter 815; 7 U.S.C. 2260).
                    (J) The Federal Noxious Weed Act of 1974 (7 U.S.C.
                2801 et seq.), other than the first section and section
                15 of that Act (7 U.S.C. 2801 note, 2814).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.

SEC. 3. PENALTIES FOR VIOLATION.

    (a) Criminal Penalties.--
            (1) In general.--A person that knowingly violates a plant
        quarantine law shall be subject to criminal penalties in
        accordance with this subsection.
            (2) Felonies.--
                    (A) In general.--Subject to subparagraphs (B) and
                (C), a person shall be imprisoned not more than 5
                years, fined not more than $25,000, or both, in the
                case of a violation of a plant quarantine law
                involving--
                            (i) plant pests;
                            (ii) more than 50 pounds of plants;
                            (iii) more than 5 pounds of plant products;
                            (iv) more than 50 pounds of noxious weeds;
                            (v) possession with intent to distribute or
                        sell items described in clause (i), (ii),
                        (iii), or (iv), knowing the items have been
                        involved in a violation of a plant quarantine
                        law; or
                            (vi) forging, counterfeiting, or without
                        authority from the Secretary, using, altering,
                        defacing, or destroying a certificate, permit,
                        or other document provided under a plant
                        quarantine law.
                    (B) Multiple violations.--On the second and any
                subsequent conviction of a person of a violation of a
                plant quarantine law described in subparagraph (A), the
                person shall be imprisoned not more than 10 years or
                fined not more than $50,000, or both.
                    (C) Intent to harm agriculture of united states.--
                In the case of a knowing movement in violation of a
                plant quarantine law by a person of a plant, plant
                product, biological control organism, plant pest,
                noxious weed, article, or means of conveyance into, out
                of, or within the United States, with the intent to
                harm the agriculture of the United States by
                introduction into the United States or dissemination of
                a plant pest or noxious weed within the United States,
                the person shall be imprisoned not less than 10 nor
                more than 20 years, fined not more than $500,000, or
                both.
            (3) Misdemeanors.--
                    (A) In general.--Subject to subparagraph (B), a
                person shall be imprisoned not more than 1 year, fined
                not more than $1,000, or both, in the case of a
                violation of a plant quarantine law involving--
                            (i) 50 pounds or less of plants;
                            (ii) 5 pounds or less of plant products; or
                            (iii) 50 pounds or less of noxious weeds.
                    (B) Multiple violations.--On the second and any
                subsequent conviction of a person of a violation of a
                plant quarantine law described in subparagraph (A), the
                person shall be imprisoned not more than 3 years, fined
                not more than $10,000, or both.
    (b) Criminal Forfeiture.--
            (1) In general.--In imposing a sentence on a person
        convicted of a violation of a plant quarantine law, in addition
        to any other penalty imposed under this section and
        irrespective of any provision of State law, a court shall order
        that the person forfeit to the United States--
                    (A) any of the property of the person used to
                commit or to facilitate the commission of the violation
                (other than a misdemeanor); and
                    (B) any property, real or personal, constituting,
                derived from, or traceable to any proceeds that the
                person obtained directly or indirectly as a result of
                the violation.
            (2) Procedures.--All property subject to forfeiture under
        this subsection, any seizure and disposition of the property,
        and any proceeding relating to the forfeiture shall be subject
        to the procedures of section 413 of the Comprehensive Drug
        Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), other
        than subsections (d) and (q).
            (3) Proceeds.--The proceeds from the sale of any forfeited
        property, and any funds forfeited, under this subsection shall
        be used--
                    (A) first, to reimburse the Department of Justice,
                the United States Postal Service, and the Department of
                the Treasury for any costs incurred by the Departments
                and the Service to initiate and complete the forfeiture
                proceeding;
                    (B) second, to reimburse the Office of Inspector
                General of the Department of Agriculture for any costs
                incurred by the Office in the law enforcement effort
                resulting in the forfeiture;
                    (C) third, to reimburse any Federal or State law
                enforcement agency for any costs incurred in the law
                enforcement effort resulting in the forfeiture; and
                    (D) fourth, by the Secretary to carry out the
                functions of the Secretary under a plant quarantine
                law.
    (c) Civil Penalties.--
            (1) In general.--A person that violates a plant quarantine
        law, or that forges, counterfeits, or, without authority from
        the Secretary, uses, alters, defaces, or destroys a
        certificate, permit, or other document provided under a plant
        quarantine law may, after notice and opportunity for a hearing
        on the record, be assessed a civil penalty by the Secretary
        that does not exceed the greater of--
                    (A) $50,000 in the case of an individual (except
                that the civil penalty may not exceed $1,000 in the
                case of an initial violation of the plant quarantine
                law by an individual moving regulated articles not for
                monetary gain), or $250,000 in the case of any other
                person for each violation, except the amount of
                penalties assessed under this subparagraph in a single
                proceeding shall not exceed $500,000; or
                    (B) twice the gross gain or gross loss for a
                violation or forgery, counterfeiting, or unauthorized
                use, defacing or destruction of a certificate, permit,
                or other document provided for in the plant quarantine
                law that results in the person's deriving pecuniary
                gain or causing pecuniary loss to another person.
            (2) Factors in determining civil penalty.--In determining
        the amount of a civil penalty, the Secretary--
                    (A) shall take into account the nature,
                circumstance, extent, and gravity of the violation; and
                    (B) may take into account the ability to pay, the
                effect on ability to continue to do business, any
                history of prior violations, the degree of culpability
                of the violator, and any other factors the Secretary
                considers appropriate.
            (3) Settlement of civil penalties.--The Secretary may
        compromise, modify, or remit, with or without conditions, a
        civil penalty that may be assessed under this subsection.
            (4) Finality of orders.--
                    (A) In general.--An order of the Secretary
                assessing a civil penalty shall be treated as a final
                order reviewable under chapter 158 of title 28, United
                States Code.
                    (B) Collection action.--The validity of an order of
                the Secretary may not be reviewed in an action to
                collect the civil penalty.
                    (C) Interest.--A civil penalty not paid in full
                when due under an order assessing the civil penalty
                shall (after the due date) accrue interest until paid
                at the rate of interest applicable to a civil judgment
                of the courts of the United States.
            (5) Guidelines for civil penalties.--The Secretary shall
        coordinate with the Attorney General to establish guidelines to
        determine under what circumstances the Secretary may issue a
        civil penalty or suitable notice of warning in lieu of
        prosecution by the Attorney General of a violation of a plant
        quarantine law.
    (d) Civil Forfeiture.--
            (1) In general.--There shall be subject to forfeiture to
        the United States any property, real or personal--
                    (A) used to commit or to facilitate the commission
                of a violation (other than a misdemeanor) described in
                subsection (a); or
                    (B) constituting, derived from, or traceable to
                proceeds of a violation described in subsection (a).
            (2) Procedures.--
                    (A) In general.--Subject to subparagraph (B), the
                procedures of chapter 46 of title 18, United States
                Code, relating to civil forfeitures shall apply to a
                seizure or forfeiture under this subsection, to the
                extent that the procedures are applicable and
                consistent with this subsection.
                    (B) Performance of duties.--Duties imposed on the
                Secretary of the Treasury under chapter 46 of title 18,
                United States Code, shall be performed with respect to
                seizures and forfeitures under this subsection by
                officers, employees, agents, and other persons
                designated by the Secretary of Agriculture.
    (e) Liability for Acts of an Agent.--For the purposes of a plant
quarantine law, the act, omission, or failure of an officer, agent, or
person acting for or employed by any other person within the scope of
employment or office of the officer, agent, or person, shall be
considered to be the act, omission, or failure of the other person.

Output: Fruit, Vegetable, and Plant Smuggling Prevention Act of 2001 - Subjects violators of certain plant quarantine-related provisions to specified criminal and civil penalties.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Partial Hospitalization Services
Integrity Act of 1999''.

SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES.

    (a) In General.--Section 1861(ff)(2) of the Social Security Act (42
U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph
(I)--
            (1) by striking ``and furnished'' and inserting
        ``furnished''; and
            (2) by inserting before the period the following: ``, and
        furnished other than in a skilled nursing facility, residential
        treatment facility or other residential setting (as determined
        by the Secretary)''.
    (b) Effective Date.--The amendments made by subsection (a) apply
with respect to partial hospitalization services furnished on or after
the first day of the third month beginning after the date of the
enactment of this Act.

SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.

    (a) In General.--Section 1861(ff)(3)(B) of the Social Security Act
(42 U.S.C. 1395x(ff)(3)(B)) is amended by striking ``entity'' and all
that follows and inserting the following: ``entity that--
            ``(i)(I) provides the mental health services described in
        section 1913(c)(1) of the Public Health Service Act; or
            ``(II) in the case of an entity operating in a State that
        by law precludes the entity from providing a service described
        in such section itself, provides for such service by contract
        with an approved organization or entity (as determined by the
        Secretary);
            ``(ii) meets applicable licensing or certification
        requirements for community mental health centers in the State
        in which it is located; and
            ``(iii) meets such additional conditions as the Secretary
        shall specify to ensure (I) the health and safety of
        individuals being furnished such services, (II) the effective
        and efficient furnishing of such services, and (III) the
        compliance of such entity with the criteria described in such
        section.''.
    (b) Clarification of Criteria for Community Mental Health
Centers.--Section 1913(c)(1)(E) of the Public Health Service Act (42
U.S.C. 300x-3(c)(1)(E)) is amended to read as follows:
                    ``(E) Determining the clinical appropriateness of
                admissions to any inpatient psychiatric hospitals by
                engaging a full-time mental health professional who is
                licensed or certified to make such a determination by
                the State involved.''.
    (c) Effective Date.--The amendments made by this section apply with
respect to community mental health centers furnishing services under
the medicare program on or after the first day of the third month
beginning after the date of the enactment of this Act.

SEC. 4. GUIDELINES FOR ITEMS AND SERVICES COMPRISING PARTIAL
              HOSPITALIZATION SERVICES.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary shall first adopt national coverage and
administrative policies for partial hospitalization services furnished
under title XVIII of the Social Security Act, using a negotiated
rulemaking process under subchapter III of chapter 5 of title 5, United
States Code.

SEC. 5. REFINEMENT OF PERIODICITY OF REVIEW OF PLAN FOR PARTIAL
              HOSPITALIZATION SERVICES.

    (a) In General.--Section 1835(a)(2)(F)(ii) of the Social Security
Act (42 U.S.C. 1395n(a)(2)(F)(ii)) is amended by inserting ``at a
reasonable rate (as determined by the Secretary)'' after ``is reviewed
periodically''.
    (b) Effective Date.--The amendment made by subsection (a) applies
with respect to plans for furnishing partial hospitalization services
established on or after the first day of the third month beginning
after the date of the enactment of this Act.

SEC. 6. RECERTIFICATION OF PROVIDERS OF PARTIAL HOSPITALIZATION
              SERVICES.

    (a) In General.--With respect to each community mental health
center that furnishes partial hospitalization services for which
payment is made under title XVIII of the Social Security Act, the
Secretary of Health and Human Services shall provide for periodic
recertification to ensure that the provision of such services complies
with applicable requirements of such title.
    (b) Deadline for First Recertification.--The first recertification
under subsection (a) shall be completed not later than one year after
the date of the enactment of this Act.

SEC. 7. CIVIL MONETARY PENALTIES FOR FALSE CERTIFICATION OF ELIGIBILITY
              FOR HOSPICE CARE OR PARTIAL HOSPITALIZATION SERVICES.

    (a) In General.--Section 1128A(b)(3) of the Social Security Act (42
U.S.C. 1320a-7a(b)(3)) is amended--
            (1) in subparagraph (A)(ii), by inserting ``, hospice care,
        or partial hospitalization services'' after ``home health
        services''; and
            (2) in subparagraph (B), by inserting ``, section
        1814(a)(7) in the case of hospice care, or section
        1835(a)(2)(F) in the case of partial hospitalization services''
        after ``in the case of home health services''.
    (b) Effective Date.--The amendments made by subsection (a) apply
with respect to certifications of eligibility for hospice care or
partial hospitalization services under the medicare program made on or
after the first day of the third month beginning after the date of the
enactment of this Act.

SEC. 8. DEMONSTRATION FOR COST EFFECTIVE WRAP AROUND MENTAL HEALTH
              SERVICES.

    (a) Establishment.--
            (1) In general.--The Secretary of Health and Human Services
        shall implement a demonstration project (in this section
        referred to as the ``project'') under part B of title XVIII of
        the Social Security Act under which community mental health
        centers may offer wrap around mental health services (as
        defined in paragraph (2)(A)) for purposes of providing for a
        full continuum of ambulatory behavioral health care services.
            (2) Definitions.--
                    (A) Wrap around mental health services defined.--
                The term ``wrap around mental health services'' means
                comprehensive outpatient mental health services
                furnished to an individual pursuant to an
                individualized treatment plan developed by a mental
                health professional, in consultation with the family of
                the individual (if available). Such services are
                furnished to the individual through a comprehensive,
                multidisciplinary health and social services delivery
                system that provides coordinated therapeutic
                interventions, including medical services,
                psychotherapy services, occupational therapy services,
                and social work services.
                    (B) Licensed mental health professional.--The term
                ``mental health professional'' means any of the
                following individuals who are licensed by the State in
                which the individual furnishes services (as that term
                is defined in paragraphs (1), (2)(M), and (2)(N) of
                section 1861(s) of the Social Security Act (42 U.S.C.
                1395x(s))) to design and execute treatment plans
                described in subparagraph (A) without the supervision
                of another health care practitioner:
                            (i) A physician, as defined in section
                        1861(r)(1) of such Act (42 U.S.C. 1395x(r)(1)).
                            (ii) A clinical psychologist, as defined by
                        the Secretary pursuant to section 1861(ii) of
                        such Act (42 U.S.C. 1395x(ii)).
                            (iii) A clinical social worker, as defined
                        in section 1861(hh) of such Act (42 U.S.C.
                        1395x(hh)).
    (b) Selection of Centers.--For purposes of implementing such
project, the Secretary shall select for participation in the project
community mental health centers that serve populations in three
different States, one of which predominantly serves rural populations.
    (c) Capitated Payment.--The Secretary shall establish and make
prospective monthly payments of a capitation amount for individuals
receiving wrap around mental health services under this project.
    (d) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall evaluate the project.
        Such evaluation shall include an examination of--
                    (A) the project's effect on the health, well-being,
                condition, and functional level of beneficiaries
                receiving wrap around mental health services;
                    (B) any savings to the medicare program by reason
                of capitated payments for wrap around medical services
                consisting of partial hospitalization services (as that
                term is defined in section 1861(ff) of the Social
                Security Act (42 U.S.C. 1395x(ff));
                    (C) the impact of basing payment for such services
                on a capitated basis; and
                    (D) the project's effect on utilization of
                inpatient services (including inpatient mental health
                services) and associated costs.
            (2) Report.--Not later than four years after the date of
        the enactment of this Act, the Secretary shall submit to
        Congress a report containing a statement of the findings and
        conclusions of the Secretary pursuant to the evaluation
        conducted under paragraph (1), together with any
        recommendations for legislation the Secretary considers
        appropriate with respect to--
                    (A) the provision of additional mental health
                services by community mental health centers under
                partial hospitalization services; and
                    (B) payment for such services on a capitated basis.
    (e) Duration.--The project shall be conducted for a three year
period.
    (f) Funding.--The Secretary shall provide for the transfer from the
Federal Hospital Insurance Trust Fund, established under section 1817
of the Social Security Act (42 U.S.C. 1395i), of such funds as are
necessary for the costs of carrying out the demonstration project under
this section.

Output:
Partial Hospitalization Services Integrity Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for the following: (1) denial of Medicare coverage for partial hospitalization services (for psychiatric treatment) furnished in a skilled nursing facility, a residential treatment facility, or any other type of residential setting determined by the Secretary of Health and Human Services; (2) new qualifications for community mental health centers (centers) as the Secretary is required to specify to ensure the health and safety of individuals being furnished mental health services and their effective and efficient furnishing; and (3) national coverage and administrative policies for partial hospitalization services under Medicare that the Secretary is to first adopt using negotiated rulemaking.
Directs the Secretary to do the following: (1) provide for periodic recertification to ensure that the provision of such Medicare-reimbursable services by centers complies with applicable Medicare requirements; and (2) implement a specified demonstration project under Medicare part B (Supplementary Medical Insurance) under which centers may offer wrap around mental health services for purposes of providing for a full continuum of ambulatory behavioral health care services.  Provides for funding for demonstration project costs.
Makes miscellaneous technical amendments concerning criteria for centers under the Public Health Service Act, and periodic physician review of physician written, individualized plans for partial hospitalization services under Medicare.
Amends SSA title XI to provide for civil monetary penalties for false certification of eligibility for hospice care or partial hospitalization services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal General Welfare Exclusion Act
of 2013''.

SEC. 2. INDIAN GENERAL WELFARE BENEFITS.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting before section
140 the following new section:

``SEC. 139E. INDIAN GENERAL WELFARE BENEFITS.

    ``(a) In General.--Gross income does not include the value of any
Indian general welfare benefit.
    ``(b) Indian General Welfare Benefit.--For purposes of this
section, the term `Indian general welfare benefit' includes any payment
made or services provided to or on behalf of a member of an Indian
tribe (or any spouse or dependent of such a member) pursuant to an
Indian tribal government program, but only if--
            ``(1) the program is administered under specified
        guidelines and does not discriminate in favor of members of the
        governing body of the tribe, and
            ``(2) the benefits provided under such program--
                    ``(A) are available to any tribal member who meets
                such guidelines,
                    ``(B) are for the promotion of general welfare,
                    ``(C) are not lavish or extravagant, and
                    ``(D) are not compensation for services.
    ``(c) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Indian tribal government.--For purposes of this
        section, the term `Indian tribal government' includes any
        agencies or instrumentalities of an Indian tribal government
        and any Alaska Native regional or village corporation, as
        defined in, or established pursuant to, the Alaska Native
        Claims Settlement Act (43 U.S.C. 1601 et seq.).
            ``(2) Dependent.--The term `dependent' has the meaning
        given such term by section 152, determined without regard to
        subsections (b)(1), (b)(2), and (d)(1)(B).
            ``(3) Lavish or extravagant.--The Secretary shall, in
        consultation with the Tribal Advisory Committee (as established
        under section 3(a) of the Tribal General Welfare Exclusion Act
        of 2013), establish guidelines for what constitutes lavish or
        extravagant benefits with respect to Indian tribal government
        programs.
            ``(4) Establishment of tribal government program.--A
        program shall not fail to be treated as an Indian tribal
        government program solely by reason of the program being
        established by tribal custom or government practice.
            ``(5) Ceremonial activities.--Any items of cultural
        significance, reimbursement of costs, or cash honorarium for
        participation in cultural or ceremonial activities for the
        transmission of tribal culture shall not be treated as
        compensation for services.''.
    (b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new item:

``Sec. 139E. Indian general welfare benefits.''.
    (c) Statutory Construction.--Ambiguities in section 139E of such
Code, as added by this Act, shall be resolved in favor of Indian tribal
governments and deference shall be given to Indian tribal governments
for the programs administered and authorized by the tribe to benefit
the general welfare of the tribal community.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to taxable years for which the period of limitation on
        refund or credit under section 6511 of the Internal Revenue
        Code of 1986 has not expired.
            (2) One-year waiver of statute of limitations.--If the
        period of limitation on a credit or refund resulting from the
        amendments made by subsection (a) expires before the end of the
        1-year period beginning on the date of the enactment of this
        Act, refund or credit of such overpayment (to the extent
        attributable to such amendments) may, nevertheless, be made or
        allowed if claim therefor is filed before the close of such 1-
        year period.

SEC. 3. TRIBAL ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of the Treasury shall establish a
Tribal Advisory Committee (hereinafter in this subsection referred to
as the ``Committee'').
    (b) Duties.--
            (1) Implementation.--The Committee shall advise the
        Secretary on matters relating to the taxation of Indians.
            (2) Education and training.--The Secretary shall, in
        consultation with the Committee, establish and require--
                    (A) training and education for internal revenue
                field agents who administer and enforce internal
                revenue laws with respect to Indian tribes on Federal
                Indian law and the Federal Government's unique legal
                treaty and trust relationship with Indian tribal
                governments, and
                    (B) training of such internal revenue field agents,
                and provision of training and technical assistance to
                tribal financial officers, about implementation of this
                Act and the amendments made thereby.
    (c) Membership.--
            (1) In general.--The Committee shall be composed of 7
        members appointed as follows:
                    (A) Three members appointed by the Secretary of the
                Treasury.
                    (B) One member appointed by the Chairman, and one
                member appointed by the Ranking Member, of the
                Committee on Ways and Means of the House of
                Representatives.
                    (C) One member appointed by the Chairman, and one
                member appointed by the Ranking Member, of the
                Committee on Finance of the Senate.
            (2) Term.--
                    (A) In general.--Except as provided in subparagraph
                (B), each member's term shall be 4 years.
                    (B) Initial staggering.--The first appointments
                made by the Secretary under paragraph (1)(A) shall be
                for a term of 2 years.

SEC. 4. OTHER RELIEF FOR INDIAN TRIBES.

    (a) Temporary Suspension of Examinations.--The Secretary of the
Treasury shall suspend all audits and examinations of Indian tribal
governments and members of Indian tribes (or any spouse or dependent of
such a member), to the extent such an audit or examination relates to
the exclusion of a payment or benefit from an Indian tribal government
under the general welfare exclusion, until the education and training
prescribed by section 3(b)(2) of this Act is completed. The running of
any period of limitations under section 6501 of the Internal Revenue
Code of 1986 with respect to Indian tribal governments and members of
Indian tribes shall be suspended during the period during which audits
and examinations are suspended under the preceding sentence.
    (b) Waiver of Penalties and Interest.--The Secretary of the
Treasury may waive any interest and penalties imposed under such Code
on any Indian tribal government or member of an Indian tribe (or any
spouse or dependent of such a member) to the extent such interest and
penalties relate to excluding a payment or benefit from gross income
under the general welfare exclusion.
    (c) Definitions.--For purposes of this subsection--
            (1) Indian tribal government.--The term ``Indian tribal
        government'' shall have the meaning given such term by section
        139E of such Code, as added by this Act.
            (2) Indian tribe.--The term ``Indian tribe'' shall have the
        meaning given such term by section 45A(c)(6) of such Code.

Output: Tribal General Welfare Exclusion Act of 2013 - Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, the value of an Indian general welfare benefit. Defines "Indian general welfare benefit" as any payment made or services provided to or on behalf of a member of an Indian tribe under an Indian tribal government program if: (1) such program is administered under specified guidelines and does not discriminate in favor of members of the governing body of the Indian tribe; and (2) the program benefits are available to any tribal member, are for the promotion of general welfare, are not lavish or extravagant, and are not compensation for services.  Directs the Secretary of the Treasury to: (1) establish a Tribal Advisory Committee to advise the Secretary on the taxation of Indians, (2) establish and require training and education for Internal Revenue Service (IRS) field agents on federal Indian law and the implementation of this Act, and (3) suspend audits and examinations of Indian tribal governments and members of Indian tribes and waive any interest or tax penalties related to the exclusion from gross income of Indian general welfare benefits.