Input:
SECTION 1. FCC REFORM.

    (a) In General.--The Communications Act of 1934 (47 U.S.C. 151 et
seq.) is amended by inserting after section 5 the following new
section:

``SEC. 5A. PUBLIC PARTICIPATION AND COMMISSION DECISIONMAKING.

    ``(a) Reform Measures.--The Commission shall promulgate regulations
in accordance with the following:
            ``(1) Except as provided in the third sentence of section
        553(b) of title 5, United States Code, before adopting,
        modifying, or deleting a final regulation, the Commission--
                    ``(A) shall publish the specific language of the
                proposed regulation, modification, or deletion;
                    ``(B) shall provide at least 30 days for the
                submission of comments and an additional 30 days for
                the submission of reply comments on such proposed
                regulation, modification, or deletion; and
                    ``(C) shall provide at least 30 days following the
                deadline for the submission of reply comments for
                agency consideration on the record on such proposed
                regulation, modification, or deletion.
            ``(2) The Commission shall ensure that members of the
        Commission have adequate time, prior to being required to
        decide an issue (including at a meeting held pursuant to
        section 5(d)), to review the proposed Commission decision
        document, including any specific language that is proposed to
        be adopted as, modified in, or deleted from a regulation.
            ``(3) The Commission shall establish deadlines for any
        Commission order, decision, report, or action for each of the
        various categories of petitions, applications, complaints, and
        other filings seeking Commission action.
            ``(4) The Commission shall publish any order, decision,
        report, or action of the Commission within 30 days after the
        date of the adoption of such order, decision, report, or
        action.
            ``(5) The Commission shall notify by letter the
        chairpersons and ranking members of the Committee on Energy and
        Commerce of the House of Representatives and the Committee on
        Commerce, Science, and Transportation of the Senate--
                    ``(A) indicating that an order, decision, report,
                or action of the Commission was not published within 30
                days after the date of the adoption of such order,
                decision, report, or action;
                    ``(B) identifying such order, decision, report, or
                action; and
                    ``(C) describing the reason for the delay.
        The Commission shall update by letter such chairpersons and
        ranking members every 14 days until the publication of such
        order, decision, report, or action.
            ``(6) For any year in which the Commission was required to
        provide a notice pursuant to paragraph (5), the Commission
        shall publish an annual report containing detailed statistics
        concerning the delay between the adoption and the publication
        of any such order, decision, report, or action.
            ``(7) The Commission shall publish on a weekly basis a
        summary list of documents containing proposed decisions pending
        review by the Commission. For all such decisions on such list
        for more than 60 days, the Commission shall also name any
        Commissioners who have not cast a vote on such decision.
    ``(b) Statistical Reports Schedule.--
            ``(1) In general.--The Commission shall catalog, identify,
        and publish the anticipated release schedule for all
        statistical reports regularly or intermittently published by
        the Commission and shall thereafter publish such schedule at
        least annually.
            ``(2) Notification of delay.--The Commission shall notify
        by letter the chairpersons and ranking members of the Committee
        on Energy and Commerce of the House of Representatives and the
        Committee on Commerce, Science, and Transportation of the
        Senate--
                    ``(A) indicating that a statistical report was not
                published within 60 days after the date specified in
                the anticipated release schedule published under
                paragraph (1);
                    ``(B) identifying such report; and
                    ``(C) describing the reason for such delay.
        The Commission shall update by letter such chairpersons and
        ranking members every 30 days until the publication of such
        report.
    ``(c) Definition.--For the purposes of this section, the term
`regulation' has the meaning given the term `rule' in section 551(4) of
title 5, United States Code.''.
    (b) Effective Dates.--
            (1) Reform measures.--The Federal Communications Commission
        shall carry out section 5A(a) of the Communications Act of 1934
        (as added by subsection (a)) within 6 months after the date of
        enactment of this Act.
            (2) Statistical reports schedule.--The Federal
        Communications Commission shall carry out section 5A(b) of the
        Communications Act of 1934 (as added by subsection (a)) within
        3 months after the date of enactment of this Act.
            (3) Exception.--Notwithstanding paragraph (1), in
        promulgating rules to carry out section 5A(a) of the
        Communications Act of 1934 (as added by subsection (a)), the
        Federal Communications Commission shall comply with the
        requirements of paragraphs (1), (2), and (4) of section 5A(a)
        of the Communications Act of 1934 (as added by subsection (a)).

SEC. 2. EFFECT ON OTHER LAWS.

    Nothing in this Act, including the amendments made by this Act,
shall absolve the Federal Communications Commission from any
obligations under title 5, United States Code.

Output:
Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), subject to exception, to promulgate regulations requiring before adopting, modifying, or deleting a final regulation: (1) publication of the specific regulation language; and (2) specific time periods for comments, replying to comments, and deadlines for comments. Requires the FCC to: (1) ensure adequate review time; (2) establish action deadlines; (3) publish any actions within 30 days; and (4) submit specified notifications to specified congressional committees.

Requires the FCC to annually publish the release schedule for all regular or intermittent FCC statistical reports and to notify the chairpersons and ranking members of specified congressional committees of the reason for any delay.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crane Conservation Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) crane populations in many countries have experienced
        serious decline in recent decades, a trend that, if continued
        at the current rate, threatens the long-term survival of the
        species in the wild in Africa, Asia, and Europe;
            (2) 5 species of Asian crane are listed as endangered
        species under section 4 of the Endangered Species Act of 1973
        (16 U.S.C. 1533) and appendix I of the Convention, which
        species are--
                    (A) the Siberian crane (Grus leucogeranus);
                    (B) the red-crowned crane (Grus japonensis);
                    (C) the white-naped crane (Grus vipio);
                    (D) the black-necked crane (Grus nigricollis); and
                    (E) the hooded crane (Grus monacha);
            (3) the Crane Action Plan of the International Union for
        the Conservation of Nature considers 4 species of cranes from
        Africa and 1 additional species of crane from Asia to be
        seriously threatened, which species are--
                    (A) the wattled crane (Bugeranus carunculatus);
                    (B) the blue crane (Anthropoides paradisea);
                    (C) the grey-crowned crane (Balearica regulorum);
                    (D) the black-crowned crane (Balearica pavonina);
                and
                    (E) the sarus crane (Grus antigone);
            (4)(A) the whooping crane (Grus americana) and the
        Mississippi sandhill crane (Grus canadensis pulla) are listed
        as endangered species under section 4 of the Endangered Species
        Act of 1973 (16 U.S.C. 1533); and
            (B) with fewer than 200 whooping cranes in the only self-
        sustaining flock that migrates between Canada and the United
        States, and approximately 100 Mississippi sandhill cranes in
        the wild, both species remain vulnerable to extinction;
            (5) conservation resources have not been sufficient to cope
        with the continued diminution of crane populations from causes
        that include hunting and the continued loss of habitat;
            (6)(A) cranes are flagship species for the conservation of
        wetland, grassland, and agricultural landscapes that border
        wetland and grassland; and
            (B) the establishment of crane conservation programs would
        result in the provision of conservation benefits to numerous
        other species of plants and animals, including many endangered
        species;
            (7) other threats to cranes include--
                    (A) the collection of eggs and juveniles;
                    (B) poisoning from insecticides applied to crops;
                    (C) collisions with power lines;
                    (D) disturbance from warfare and human settlement;
                and
                    (E) the trapping of live birds for sale;
            (8) to reduce, remove, and otherwise effectively address
        those threats to cranes in the wild, the joint commitment and
        effort of countries in Africa, Asia, and North America, other
        countries, and the private sector, are required;
            (9) cranes are excellent ambassadors to promote goodwill
        among countries because they are well known and migrate across
        continents;
            (10) because the threats facing cranes and habitats of
        cranes are similar on all 5 continents on which cranes occur,
        conservation successes and methods developed in 1 region have
        wide applicability in other regions; and
            (11) conservationists in the United States have much to
        teach and much to learn from colleagues working in other
        countries in which, as in the United States, government and
        private agencies cooperate to conserve threatened cranes.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to perpetuate healthy populations of cranes;
            (2) to assist in the conservation and protection of cranes
        by supporting--
                    (A) conservation programs in countries in which
                endangered and threatened cranes occur; and
                    (B) the efforts of private organizations committed
                to helping cranes; and
            (3) to provide financial resources for those programs and
        efforts.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Conservation.--
                    (A) In general.--The term ``conservation'' means
                the use of any method or procedure necessary to ensure
                that the population of a species of crane in the wild
                is sufficient to ensure that the species does not
                become extinct, as determined by the Secretary.
                    (B) Inclusions.--The term ``conservation'' includes
                the carrying out of any activity associated with
                scientific resource management, such as--
                            (i) protection, restoration, acquisition,
                        and management of habitat;
                            (ii) research and monitoring of known
                        populations;
                            (iii) the provision of assistance in the
                        development of management plans for managed
                        crane ranges;
                            (iv) enforcement of the Convention;
                            (v) law enforcement and habitat protection
                        through community participation;
                            (vi) reintroduction of cranes to the wild;
                            (vii) conflict resolution initiatives; and
                            (viii) community outreach and education.
            (2) Convention.--The term ``Convention'' has the meaning
        given the term in section 3 of the Endangered Species Act of
        1973 (16 U.S.C. 1532).
            (3) Fund.--The term ``Fund'' means the Crane Conservation
        Fund established by section 6(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 5. CRANE CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of appropriations and
in consultation with other appropriate Federal officials, the Secretary
shall use amounts in the Fund to provide financial assistance for
projects relating to the conservation of cranes for which project
proposals are approved by the Secretary in accordance with this
section.
    (b) Project Proposals.--
            (1) Applicants.--
                    (A) In general.--An applicant described in
                subparagraph (B) that seeks to receive assistance under
                this section to carry out a project relating to the
                conservation of cranes shall submit to the Secretary a
                project proposal that meets the requirements of this
                section.
                    (B) Eligible applicants.--An applicant described in
                this subparagraph is--
                            (i) any relevant wildlife management
                        authority of a country that--
                                    (I) is located within the African,
                                Asian, European, or North American
                                range of a species of crane; and
                                    (II) carries out 1 or more
                                activities that directly or indirectly
                                affect crane populations;
                            (ii) the Secretariat of the Convention; and
                            (iii) any person or organization with
                        demonstrated expertise in the conservation of
                        cranes.
            (2) Required elements.--A project proposal submitted under
        paragraph (1)(A) shall include--
                    (A) a concise statement of the purpose of the
                project;
                    (B)(i) the name of each individual responsible for
                conducting the project; and
                    (ii) a description of the qualifications of each of
                those individuals;
                    (C) a concise description of--
                            (i) methods to be used to implement and
                        assess the outcome of the project;
                            (ii) staff and community management for the
                        project; and
                            (iii) the logistics of the project;
                    (D) an estimate of the funds and the period of time
                required to complete the project;
                    (E) evidence of support for the project by
                appropriate government entities of countries in which
                the project will be conducted, if the Secretary
                determines that such support is required to ensure the
                success of the project;
                    (F) information regarding the source and amount of
                matching funding available for the project; and
                    (G) any other information that the Secretary
                considers to be necessary for evaluating the
                eligibility of the project to receive assistance under
                this Act.
    (c) Project Review and Approval.--
            (1) In general.--The Secretary shall--
                    (A) not later than 30 days after receiving a final
                project proposal, provide a copy of the proposal to
                other appropriate Federal officials; and
                    (B) review each project proposal in a timely manner
                to determine whether the proposal meets the criteria
                described in subsection (d).
            (2) Consultation; approval or disapproval.--Not later than
        180 days after receiving a project proposal, and subject to the
availability of appropriations, the Secretary, after consulting with
other appropriate Federal officials, shall--
                    (A) consult on the proposal with the government of
                each country in which the project is to be carried out;
                    (B) after taking into consideration any comments
                resulting from the consultation, approve or disapprove
                the proposal; and
                    (C) provide written notification of the approval or
                disapproval to--
                            (i) the applicant that submitted the
                        proposal;
                            (ii) other appropriate Federal officials;
                        and
                            (iii) each country described in
                        subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the Secretary determines that the
proposed project will enhance programs for conservation of cranes by
assisting efforts to--
            (1) implement conservation programs;
            (2) address the conflicts between humans and cranes that
        arise from competition for the same habitat or resources;
            (3) enhance compliance with the Convention and other
        applicable laws that--
                    (A) prohibit or regulate the taking or trade of
                cranes; or
                    (B) regulate the use and management of crane
                habitat;
            (4) develop sound scientific information on, or methods for
        monitoring--
                    (A) the condition of crane habitat;
                    (B) crane population numbers and trends; or
                    (C) the current and projected threats to crane
                habitat and population numbers and trends;
            (5) promote cooperative projects on the issues described in
        paragraph (4) among--
                    (A) governmental entities;
                    (B) affected local communities;
                    (C) nongovernmental organizations; or
                    (D) other persons in the private sector;
            (6) carry out necessary scientific research on cranes;
            (7) reintroduce cranes successfully back into the wild,
        including propagation of a sufficient number of cranes required
        for this purpose; or
            (8) provide relevant training to, or support technical
        exchanges involving, staff responsible for managing cranes or
        habitats of cranes, to enhance capacity for effective
        conservation.
    (e) Project Sustainability; Matching Funds.--To the maximum extent
practicable, in determining whether to approve a project proposal under
this section, the Secretary shall give preference to a proposed
project--
            (1) that is designed to ensure effective, long-term
        conservation of cranes and habitats of cranes; or
            (2) for which matching funds are available.
    (f) Project Reporting.--
            (1) In general.--Each person that receives assistance under
        this section for a project shall submit to the Secretary, at
        such periodic intervals as are determined by the Secretary,
        reports that include all information that the Secretary, after
        consulting with other appropriate government officials,
        determines to be necessary to evaluate the progress and success
        of the project for the purposes of--
                    (A) ensuring positive results;
                    (B) assessing problems; and
                    (C) fostering improvements.
            (2) Availability to the public.--Each report submitted
        under paragraph (1), and any other documents relating to a
        project for which financial assistance is provided under this
        Act, shall be made available to the public.
    (g) Panel.--As soon as practicable after the date of enactment of
this Act, and biennially thereafter, the Secretary shall convene a
panel of experts, including specialists on cranes and wetland, to
identify the greatest needs with respect to the conservation of cranes.

SEC. 6. CRANE CONSERVATION FUND.

    (a) Establishment.--There is established in the Multinational
Species Conservation Fund established by the matter under the heading
``MULTINATIONAL SPECIES CONSERVATION FUND'' in title I of the
Department of the Interior and Related Agencies Appropriations Act,
1999 (112 Stat. 2681-237; 16 U.S.C. 4246) a separate account to be
known as the ``Crane Conservation Fund'', consisting of--
            (1) amounts transferred to the Secretary of the Treasury
        for deposit into the Fund under subsection (e);
            (2) amounts appropriated to the Fund under section 7; and
            (3) any interest earned on investment of amounts in the
        Fund under subsection (c).
    (b) Expenditures From Fund.--
            (1) In general.--Subject to paragraphs (2) and (3), upon
        request by the Secretary, the Secretary of the Treasury shall
        transfer from the Fund to the Secretary, without further
        appropriation, such amounts as the Secretary determines are
        necessary to provide assistance under section 5.
            (2) Administrative expenses.--Of the amounts in the Fund
        available for each fiscal year, the Secretary may expend not
        more than 3 percent, or $80,000, whichever is greater, to pay
        the administrative expenses necessary to carry out this Act.
            (3) Limitation.--Not more than 50 percent of the amounts
        made available from the Fund for any fiscal year may be used
        for projects relating to the conservation of North American
        crane species.
    (c) Investments of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest
        such portion of the Fund as is not, in the judgment of the
        Secretary of the Treasury, required to meet current
        withdrawals. Investments may be made only in interest-bearing
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the
                market price.
            (3) Sale of obligations.--Any obligation acquired by the
        Fund may be sold by the Secretary of the Treasury at the market
        price.
            (4) Credits to fund.--The interest on, and the proceeds
        from the sale or redemption of, any obligations held in the
        Fund shall be credited to and form a part of the Fund.
    (d) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to
        the Fund under this section shall be transferred at least
        monthly from the general fund of the Treasury to the Fund on
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in
        amounts subsequently transferred to the extent prior estimates
        were in excess of or less than the amounts required to be
        transferred.
    (e) Acceptance and Use of Donations.--
            (1) In general.--The Secretary may accept and use donations
        to provide assistance under section 5.
            (2) Transfer of donations.--Amounts received by the
        Secretary in the form of donations shall be transferred to the
        Secretary of the Treasury for deposit in the Fund.

SEC. 7. ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of cranes.
    (b) Public Participation.--
            (1) Meetings.--The advisory group shall--
                    (A) ensure that each meeting of the advisory group
                is open to the public; and
                    (B) provide, at each meeting, an opportunity for
                interested persons to present oral or written
                statements concerning items on the agenda.
            (2) Notice.--The Secretary shall provide to the public
        timely notice of each meeting of the advisory group.
            (3) Minutes.--Minutes of each meeting of the advisory group
        shall be kept by the Secretary and shall be made available to
        the public.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund $3,000,000 for
each of fiscal years 2004 through 2007, to remain available until
expended.

Output: Crane Conservation Act of 2003 - Requires the Secretary of the Interior to provide financial assistance for approved projects relating to the conservation of cranes, using amounts in the Crane Conservation Fund established by this Act.Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that is located in the African, Asian, European, or North American range of a species of crane and carries out at least one activity that affects crane populations; (2) the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (3) any person or organization with demonstrated expertise in the conservation of cranes.Establishes the Crane Conservation Fund in the Multinational Species Conservation Fund.Authorizes the Secretary to convene an advisory group representing public and private organizations actively involved in the conservation of cranes to assist in carrying out this Act.


Input:
SECTION 1. FINDINGS.

    The Congress finds that as the Nation approaches May 17, 2004,
marking the 50th anniversary of the Supreme Court decision in Oliver L.
Brown et al. v. Board of Education of Topeka, Kansas et al., it is
appropriate to establish a national commission to plan and coordinate
the commemoration of that anniversary.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Brown v.
Board of Education 50th Anniversary Commission'' (referred to in this
Act as the ``Commission'').

SEC. 3. DUTIES.

    In order to commemorate the 50th anniversary of the Brown decision,
the Commission shall--
        (1) in conjunction with the Department of Education, plan and
    coordinate public education activities and initiatives, including
    public lectures, writing contests, and public awareness campaigns,
    through the Department of Education's ten regional offices; and
        (2) in cooperation with the Brown Foundation for Educational
    Equity, Excellence, and Research in Topeka, Kansas (referred to in
    this Act as the ``Brown Foundation''), and such other public or
    private entities as the Commission considers appropriate,
    encourage, plan, develop, and coordinate observances of the
    anniversary of the Brown decision.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed as
follows:
        (1) Two representatives of the Department of Education
    appointed by the Secretary of Education, one of whom shall serve as
    one of two Co-chairpersons of the Commission.
        (2) Two representatives of the Department of Justice appointed
    by the Attorney General, one of whom shall serve as one of two Co-
    chairpersons of the Commission.
        (3) Eleven individuals appointed by the President after
    receiving recommendations as follows:
            (A)(i) The Members of the Senate from each State described
        in clause (iii) shall each submit the name of one individual
        from the State to the majority leader and minority leader of
        the Senate.
            (ii) After review of the submissions made under clause (i),
        the majority leader of the Senate, in consultation with the
        minority leader of the Senate, shall recommend to the President
        five individuals, one from each of the States described in
        clause (iii).
            (iii) The States described in this clause are the States in
        which the lawsuits decided by the Brown decision were
        originally filed (Delaware, Kansas, South Carolina, and
        Virginia), and the State of the first legal challenge involved
        (Massachusetts).
            (B)(i) The Members of the House of Representatives from
        each State described in subparagraph (A)(iii) shall each submit
        the name of one individual from the State to the Speaker of the
        House of Representatives and the minority leader of the House
        of Representatives.
            (ii) After review of the submissions made under clause (i),
        the Speaker of the House of Representatives, in consultation
        with the minority leader of the House of Representatives, shall
        recommend to the President five individuals, one from each of
        the States described in subparagraph (A)(iii).
            (C) The Delegate to the House of Representatives from the
        District of Columbia shall recommend to the President one
        individual from the District of Columbia.
        (4) Two representatives of the judicial branch of the Federal
    Government appointed by the Chief Justice of the United States
    Supreme Court.
        (5) Two representatives of the Brown Foundation.
        (6) Two representatives of the NAACP Legal Defense and
    Education Fund.
        (7) One representative of the Brown v. Board of Education
    National Historic Site.
    (b) Terms.--Members of the Commission shall be appointed for the
life of the Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment.
    (d) Compensation.--
        (1) In general.--Members of the Commission shall serve without
    pay.
        (2) Travel expenses.--Each member shall receive travel
    expenses, including per diem in lieu of subsistence, in accordance
    with applicable provisions under subchapter I of chapter 57 of
    title 5, United States Code.
    (e) Quorum.--A majority of members of the Commission shall
constitute a quorum.
    (f) Meetings.--The Commission shall hold its first meeting not
later than 6 months after the date of the enactment of this Act. The
Commission shall subsequently meet at the call of a Co-chairperson or a
majority of its members.
    (g) Executive Director and Staff.--The Commission may secure the
services of an executive director and staff personnel as it considers
appropriate.

SEC. 5. POWERS.

    (a) Powers of Members and Agents.--Any member or agent of the
Commission may, if so authorized by the Commission, take any action
which the Commission is authorized to take under this Act.
    (b) Gifts and Donations.--
        (1) Authority to accept.--The Commission may accept and use
    gifts or donations of money, property, or personal services.
        (2) Disposition of property.--Any books, manuscripts,
    miscellaneous printed matter, memorabilia, relics, or other
    materials donated to the Commission which relate to the Brown
    decision, shall, upon termination of the Commission--
            (A) be deposited for preservation in the Brown Foundation
        Collection at the Spencer Research Library at the University of
        Kansas in Lawrence, Kansas; or
            (B) be disposed of by the Commission in consultation with
        the Librarian of Congress, and with the express consent of the
        Brown Foundation and the Brown v. Board of Education National
        Historic Site.
    (c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.

SEC. 6. REPORTS.

    (a) Interim Reports.--The Commission shall transmit interim reports
to the President and the Congress not later than December 31 of each
year. Each such report shall include a description of the activities of
the Commission during the year covered by the report, an accounting of
any funds received or expended by the Commission during such year, and
recommendations for any legislation or administrative action which the
Commission considers appropriate.
    (b) Final Report.--The Commission shall transmit a final report to
the President and the Congress not later than December 31, 2004. Such
report shall include an accounting of any funds received or expended,
and the disposition of any other properties, not previously reported.

SEC. 7. TERMINATION.

    (a) Date.--The Commission shall terminate on such date as the
Commission may determine, but not later than February 1, 2005.
    (b) Disposition of Funds.--Any funds held by the Commission on the
date the Commission terminates shall be deposited in the general fund
of the Treasury.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $250,000 for the period
encompassing fiscal years 2003 and 2004 to carry out this Act, to
remain available until expended.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: Establishes the Brown v. Board of Education 50th Anniversary Commission to commemorate the 50th anniversary of the Supreme Court decision in Oliver L. Brown et al. v. Board of Education of Topeka, Kansas et al.Authorizes appropriations.


Input:
SECTION 1. ESTABLISHMENT OF PREVENTIVE HEALTH CARE EXAMINATIONS.

    (a) Coverage of Preventive Health Care Examinations.--Section
1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is
amended by inserting ``and'' at the end of paragraph (M) and adding at
the end thereof the following:
                    ``(N) colon cancer preventive screening examination
                which shall be limited to either fecal occult blood
                tests on an annual basis, or sigmoidoscopy examination
                on an biannual basis, furnished to an individual to
                assist in the preventive and early diagnose of colon
                cancer; and
                    ``(O) physical examination, associated blood tests,
                and such other tests performed by a physician, or
                qualified health care professional, on an annual basis
                in the preventive and early diagnose of prostate
                cancer; and
                    ``(P) bone mass measurements (including but not
                limited to radiographic absorptiometry, single-energy
                photon absorptiometry or single-energy x-ray
                absorptiometry, dual-energy x-ray absorptiometry and
                quantitative computed tomography), and such other tests
                as deemed appropriate by the Secretary of Health and
                Human Services, in the preventive and early diagnose of
                osteoporosis.''.
    (b) Contingent Effective Date; Demonstration Project.--
            (1) The amendments made by this section shall become
        effective (if at all) in accordance with paragraph (2).
            (2) The Secretary of Health and Human Services (in this
        paragraph referred to as the ``Secretary'') shall establish a
        demonstration project to begin on October 1, 1994, to test the
        cost-effectiveness of furnishing colon, prostrate, and uterine
        cancer preventive screening examinations (in this paragraph
        referred to as ``preventive health care examinations'') under
        the medicare program to the extent provided under the
        amendments made by this section to a sample group of medicare
        beneficiaries.
                    (B)(i) The demonstration project under subparagraph
                (A) shall be conducted for an initial period of twenty-
                four months. Not later than October 1, 1996, the
                Secretary shall report to the Congress on the results
                of such project. If the Secretary finds, on the basis
                of existing data, that furnishing any of these
                examinations under the Medicare program to the extent
                provided under the amendments made by this section is
                cost-effective, and useful in decreasing incidents of
                such cancers, the Secretary shall include such finding
                in such report, such project shall be discontinued, and
                the amendments made by this section shall become
                effective on November 1, 1966.
                    (ii) If the Secretary determines that such finding
                cannot be made on the basis of existing data, such
                project shall continue for an additional twenty-four
                months. Not later than April 1, 1998, the Secretary
                shall submit a final report to Congress on the results
                of such project. The amendments made by this section
                shall become effective on the first day of the first
                month to begin after such report is submitted to the
                Congress unless the report contains a finding by the
                Secretary that furnishing preventive health care
                examinations under the amendments made by this section
                is not cost effective or does not reduce the incidence
                of such cancers (in which case the amendments made by
                this section shall not become effective).
            (3) In conducting the demonstration project in order to
        determine the cost effectiveness and effectiveness in reducing
        the incidence of such cancers of including preventive health
        care examinations in the medicare program, the Secretary is
        required to conduct a demonstration of the provision of
        preventive health care examinations as a service for medicare
        beneficiaries and to expend $15,000,000 each year of the
        demonstration project for this purpose. In conducting this
        demonstration, the Secretary is authorized to reimburse for
        such services in large scale demonstration projects, including
        statewide projects. In determining cost effectiveness, the
        Secretary shall consider the direct cost of providing such
        services, the utilization of such services which might
        otherwise not have occurred, the costs of illnesses and nursing
        home days avoided, and other relevant factors, except that
        extended life for beneficiaries shall not be considered to
        reduce the cost effectiveness of preventive health care
        examinations.

Output:
Amends title XVIII (Medicare) of the Social Security Act to cover preventive health care examinations for colon and prostate cancer and osteoporosis.
Directs the Secretary of Health and Human Services to establish a demonstration project to test the cost-effectiveness of furnishing colon, prostate, and uterine cancer preventive screening examinations to a sample group of Medicare beneficiaries.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counter-Narcotics Policy Review
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The consumption of narcotics in the United States is a
        serious problem that is ravaging the United States, especially
        America's youth.
            (2) Despite the dedicated and persistent efforts of the
        United States and other nations, international narcotics
        trafficking and consumption remains a serious problem.
            (3) The total eradication of international narcotics
        trafficking requires a long-term strategy that necessitates
        close international cooperation.
            (4) The annual certification process relating to
        international narcotics control under section 490 of the
        Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is flawed
        because--
                    (A) the process fails to enhance international
                cooperation;
                    (B) the process reviews narcotics control efforts
                only on an annual basis and fails to enumerate long-
                term goals and objectives;
                    (C) the process is not a comprehensive review of
                all countries that contribute to international
                narcotics trafficking; and
                    (D) the process fails to account for the divergent
                economic, political, and social circumstances of
                countries under review which can influence the decision
                by the United States to decertify a foreign nation,
                thereby leading to unpredictability, non-transparency,
                and lack of international credibility in the process.
            (5) The problem of international narcotics trafficking is
        not being effectively addressed by the annual certification
        process under section 490 of the Foreign Assistance Act of 1961
        (22 U.S.C. 2291j).

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the High Level
Commission on International Narcotics Control (hereinafter referred to
as the ``Commission'').

SEC. 4. DUTIES.

    The Commission shall conduct a review of the annual certification
process relating to international narcotics control under section 490
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) to determine
the effectiveness of such process in curtailing international drug
trafficking, the effectiveness of such process in enhancing
international counter-narcotics cooperation, and the effectiveness of
such process in reducing drug use and consumption within the United
States.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall consist of 12
members, as follows:
            (1) The Secretary of State or the Secretary's designee.
            (2) The Secretary of the Treasury or the Secretary's
        designee.
            (3) The Attorney General or the Attorney General's
        designee.
            (4) The Director of the Office of National Drug Control
        Policy or the Director's designee.
            (5) The Director of the Drug Enforcement Administration or
        the Director's designee.
            (6) The Director of Central Intelligence or the Director's
        designee.
            (7) The following Members of Congress appointed not later
        than 30 days after the date of the enactment of this Act as
        follows:
                    (A)(i) 2 Members of the House of Representatives
                appointed by the Speaker of the House of
                Representatives.
                    (ii) 1 member of the House of Representatives
                appointed by the minority leader of the House of
                Representatives.
                    (B)(i) 2 Members of the Senate appointed by the
                majority leader of the Senate.
                    (ii) 1 member of the Senate appointed by the
                minority leader of the Senate.
    (b) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
    (c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
    (d) Chairperson.--The Director of the Office of National Drug
Control Policy (or the Director's designee) shall serve as the
Chairperson of the Commission until such time as the members of the
Commission can elect a Chairperson.
    (e) Basic Pay.--Each member shall serve without pay. Each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
    (f) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
    (g) Meetings.--The Commission shall meet at the call of the
chairperson.

SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a director who shall be
appointed by the chairperson subject to rules prescribed by the
Commission.
    (b) Staff.--Subject to rules prescribed by the Commission, the
chairperson may appoint and fix the pay of such additional personnel as
the chairperson considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the requirements of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
    (d) Experts and Consultants.--The chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-15 of
the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the chairperson,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of the agency to the Commission to assist the
Commission in carrying out its duties.

SEC. 7. POWERS.

    (a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Commission
to carry out its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure by law.
    (b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
    (c) Administrative Support Services.--Upon the request of the
chairperson, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
    (d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Commission to carry out its duties.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress an interim report on the following:
            (1) The overall effectiveness of the annual certification
        process relating to international narcotics control under
        section 490 of the Foreign Assistance Act of 1961 (22 U.S.C
        2291j) in curtailing international drug trafficking.
            (2) The impact of such annual certification process in
        enhancing international counternarcotics cooperation.
            (3) The transparency and predictability of such annual
        certification process.
    (b) Final Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress a final report that, at a minimum, contains
the following:
            (1) Information that meets the requirements of the
        information described in the initial report under subsection
        (a) and that has been updated since the date of the submission
        of the interim report, as appropriate.
            (2) Recommendations for actions that are necessary--
                    (A) to eliminate international narcotics
                trafficking;
                    (B) to improve cooperation among countries in
                efforts to curtail international narcotics trafficking,
                including necessary steps to identify all areas in
                which inter-American cooperation can be initiated and
                institutionalized; and
                    (C) to improve the transparency and predictability
                of the annual certification process relating to
                international narcotics control under section 490 of
                the Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
            (3) Any additional measures to win the war on drugs.
            (5) Any other related information that the Commission
        considers to be appropriate.
    (c) Additional Recommendations.--In the event the Commission
determines the annual certification process relating to international
narcotics control under section 490 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291j) to be ineffective in curtailing international
narcotics trafficking or in enhancing international cooperation to
combat such trafficking, the Commission shall include in the final
report under subsection (b) its recommendation for alternatives to such
process in either legislative or nonlegislative form that are designed
to replace such process and to improve international cooperation in
curtailing international narcotics trafficking.

SEC. 9. TERMINATION.

    The Commission shall terminate 6 months after the date on which the
Commission submits its final report under section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
    (b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended.

Output: Counter-Narcotics Policy Review Act - Establishes the High Level Commission on International Narcotics Control to determine and report to the Congress on the effectiveness of the annual certification process relating to international narcotics control in curtailing international drug trafficking and in reducing drug use and consumption within the United States.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sexual Assault Crimes
Revision Act of 2004''.

SEC. 2. MILITARY SEXUAL ABUSE.

    (a) Sexual Abuse.--Section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 920. Art. 120. Sexual abuse
    ``(a) Any person subject to this chapter who knowingly causes
another person to engage in a sexual act--
            ``(1) by using force against that other person; or
            ``(2) by threatening or placing that other person in fear
        that any person will be subjected to death, serious bodily
        injury, or kidnapping;
is guilty of aggravated sexual abuse and shall be punished as a court-
martial may direct.
    ``(b) Any person subject to this chapter who knowingly--
            ``(1) renders another person unconscious and thereby
        engages in a sexual act with that other person; or
            ``(2) administers to another person by force or threat of
        force, or without the knowledge or permission of that other
        person, a drug, intoxicant, or other similar substance and
        thereby--
                    ``(A) substantially impairs the ability of that
                other person to appraise or control conduct; and
                    ``(B) engages in a sexual act with that other
                person;
is guilty of aggravated sexual abuse and shall be punished as a court-
martial may direct.
    ``(c) Any person subject to this chapter who knowingly engages in a
sexual act with another person who has not attained the age of twelve
years is guilty of aggravated sexual abuse of a child and shall be
punished as a court-martial may direct. In a prosecution under this
subsection, it need not be proven that the accused knew that the other
person engaging in the sexual act had not attained the age of twelve
years.
    ``(d) Any person subject to this chapter who knowingly--
            ``(1) causes another person to engage in a sexual act by
        threatening or placing that other person in fear (other than by
        threatening or placing that other person in fear that any
        person will be subjected to death, serious bodily injury, or
        kidnapping); or
            ``(2) engages in a sexual act with another person if that
        other person is--
                    ``(A) incapable of appraising the nature of the
                conduct; or
                    ``(B) physically incapable of declining
                participation in, or communicating unwillingness to
                engage in, that sexual act;
is guilty of sexual abuse and shall be punished as a court-martial may
direct.
    ``(e)(1) Any person subject to this chapter who knowingly engages
in a sexual act with another person who--
            ``(A) has attained the age of twelve years but has not
        attained the age of sixteen years;
            ``(B) is at least four years younger than the person so
        engaging; and
            ``(C) is not that person's spouse;
is guilty of sexual abuse of a minor and shall be punished as a court-
martial may direct.
    ``(2) In a prosecution under this subsection, it need not be proven
that the accused knew the age of the other person engaging in the
sexual act or that the requisite age difference existed between the
persons so engaging.
    ``(3) In a prosecution under this subsection, it is an affirmative
defense that the accused reasonably believed that the other person had
attained the age of sixteen years. The accused has the burden of
proving a defense under this paragraph by a preponderance of the
evidence.
    ``(f) Any person subject to this chapter who knowingly engages in a
sexual act with another person who is--
            ``(1) in official detention or confinement; and
            ``(2) under the custodial, supervisory, or disciplinary
        authority of the person so engaging; and
            ``(3) is not that person's spouse;
is guilty of sexual abuse of a ward and shall be punished as a court-
martial may direct.
    ``(g) In this section, the term `sexual act' means--
            ``(1) contact between the penis and the vulva or the penis
        and the anus, and for purposes of this subparagraph contact
        involving the penis occurs upon penetration, however slight;
            ``(2) contact between the mouth and the penis, the mouth
        and the vulva, or the mouth and the anus;
            ``(3) the penetration, however slight, of the anal or
        genital opening of another by a hand or finger or by any
        object, with an intent to abuse, humiliate, harass, degrade, or
        arouse or gratify the sexual desire of any person; or
            ``(4) the intentional touching, not through the clothing,
        of the genitalia of another person who has not attained the age
        of sixteen years with an intent to abuse, humiliate, harass,
        degrade, or arouse or gratify the sexual desire of any
        person.''.
    (b) Conforming Amendments.--
            (1) Murder.--Section 918(4) of title 10, United States Code
        (article 118 of the Uniform Code of Military Justice), is
        amended by striking ``sodomy, rape,'' and inserting
        ``aggravated sexual abuse, aggravated sexual abuse of a
        child,''.
            (2) Sodomy.--Section 925 of title 10, United States Code
        (article 125 of the Uniform Code of Military Justice), is
        repealed.
    (c) Clerical Amendments.--The table of sections at the beginning of
chapter 47 of title 10, United States Code, is amended--
            (1) by striking the item relating to section 925; and
            (2) by striking the item relating to section 920 and
        inserting the following new item:

``920. Art. 120. Sexual abuse.''.
    (d) Effective Date.--The amendments made by this section shall
apply with respect to offenses committed after the date of the
enactment of this Act.

Output:
Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to rewrite current provisions concerning the military crime of rape and carnal knowledge to conform with Federal sexual assault crimes. Makes it a crime (aggravated sexual abuse) not only to use force to engage in a sexual act, but to obtain a sexual act by threatening or placing a person in fear that any person will otherwise be subjected to death, serious bodily injury, or kidnapping. Includes within the act of aggravated sexual abuse: (1) rendering another person unconscious, or administering a drug or intoxicant, prior to engaging in a sexual act; and (2) engaging in a sexual act with a person under 12 years of age.

Defines as the military crime of sexual abuse when a person: (1) causes another person to engage in a sexual act by threatening or placing that other person in fear; (2) engages in a sexual act with another person who is incapable of either appraising the nature of the conduct or declining such participation; or (3) engages in a sexual act with a person over 12 but under 16, or at least four years younger than the person.

States that, in the prosecution of either type of sexual abuse, it need not be proven that a person knew the age of the other person engaging in the sexual act, or the requisite age difference. Requires the accused to prove as an affirmative defense that the accused believed the other person to be at least 16 years of age.

Makes the above crimes punishable by court-martial.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drinking Water Infrastructure for
Job Creation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Investments in infrastructure create jobs while
        fulfilling critical needs in communities throughout the United
        States.
            (2) According to the Brookings Institution, nearly 14.5
        million workers--11 percent of the U.S. workforce--were
        employed in infrastructure jobs in 2013.
            (3) According to data from the Brookings Institution,
        infrastructure occupations often provide more competitive and
        equitable wages in comparison to all jobs nationally,
        consistently paying up to 30 percent more to low-income workers
        over the past decade.
            (4) The American Society of Civil Engineers gave the
        infrastructure of the United States an overall grade of ``D+''
        in 2017 and estimated that the United States will need to
        invest $4.59 trillion by 2025 in order to improve the condition
        of the Nation's infrastructure and bring it to a state of good
        repair.
            (5) The American Society of Civil Engineers assigned a
        ``D'' grade to the Nation's drinking water infrastructure and a
        ``D+'' grade to the Nation's wastewater infrastructure and
        estimated that the United States will need to invest $150
        billion by 2025 to bring them to a state of good repair.
            (6) According to the American Society of Civil Engineers,
        there are an estimated 240,000 water main breaks per year in
        the United States, wasting over two trillion gallons of treated
        drinking water.
            (7) In 2016, the U.S. Environmental Protection Agency (EPA)
        reported that although exposure to lead can cause serious
        health problems, including damage to the brain and nervous
        system in children and kidney problems and high blood pressure
        in adults, an estimated 6.5 to 10 million homes nationwide
        receive drinking water through lead service lines.
            (8) Congress created the Drinking Water State Revolving
        Funds in 1996 to help eligible public water systems finance
        infrastructure projects in order to comply with Federal
        drinking water regulations and meet the health objectives of
        the Safe Drinking Water Act.
            (9) The EPA is required periodically to conduct a survey of
        the capital improvement needs of eligible public water systems
        and distribute funding appropriated for the Drinking Water
        State Revolving Funds among the States based on the results of
        the most recent survey.
            (10) In 2013, the EPA completed the most recent survey of
        the capital improvement needs of eligible public water systems
        and estimated that $384 billion in improvements are needed for
        the Nation's drinking water infrastructure over 20 years in
        order to ensure the safety of drinking water.
            (11) The American Recovery and Reinvestment Act of 2009
        (Public Law 111-5) included $2 billion in emergency
        supplemental appropriations for the Drinking Water State
        Revolving Funds to enable States to provide grants and
        financing assistance to eligible public water systems in order
        to improve drinking water infrastructure in communities
        throughout the United States.
            (12) Past appropriations for the Drinking Water State
        Revolving Funds are not sufficient to address the tremendous
        need for investments in drinking water infrastructure in
        communities throughout the United States.
            (13) Appropriating $7.5 billion in fiscal year 2017 for the
        Drinking Water State Revolving Funds, and allowing the funds to
        remain available for 6 years, will enable States to begin
        immediately to expand investments in drinking water
        infrastructure in communities throughout the United States.
            (14) Restricting appropriations for the Drinking Water
        State Revolving Funds through the use of arbitrary budget caps
        or sequestration undermines economic recovery and job creation
        efforts; disrupts planning by States, local communities, and
        eligible public water systems; and leaves critical
        infrastructure needs unmet.
            (15) Emergency supplemental appropriations for the Drinking
        Water State Revolving Funds, provided in addition to other
        appropriations and not subject to sequestration, will improve
        drinking water infrastructure and create jobs throughout the
        United States without reducing funding for other domestic
        priorities.
            (16) An emergency supplemental appropriation of $7.5
        billion for the Drinking Water State Revolving Funds to be made
        available in fiscal year 2017, and to remain available for 6
        years, will allow States to begin immediately to distribute
        funds to eligible public water systems and allow local
        communities and eligible public water systems to develop and
        implement plans to improve drinking water infrastructure, thus
        ensuring an efficient use of funds and timely job creation.

SEC. 3. SUPPLEMENTAL APPROPRIATIONS FOR THE DRINKING WATER STATE
              REVOLVING FUNDS.

    The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2017:

                    ENVIRONMENTAL PROTECTION AGENCY

                   State and Tribal Assistance Grants

    For an additional amount for capitalization grants under section
1452 of the Safe Drinking Water Act in accordance with the provisions
under this heading in title VII of division A of Public Law 111-5,
$7,500,000,000, to remain available through September 30, 2022:
Provided, That the amount under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
except that such amount shall be available only if the President
subsequently so designates such amount and transmits such designation
to the Congress.

SEC. 4. EXEMPTION FROM SEQUESTRATION.

    The appropriation in section 3 shall be exempt from sequestration
under the Balanced Budget and Emergency Deficit Control Act of 1985.

Output: Drinking Water Infrastructure for Job Creation Act  This bill provides $7.5 billion in supplemental FY2017 appropriations to the Environmental Protection Agency to remain available through FY2022 for capitalization grants to the Drinking Water State Revolving Funds. (The program assists public water systems in financing infrastructure projects needed to comply with federal drinking water regulations and meet health objectives under the Safe Drinking Water Act.)  The funding provided by this bill is designated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. The emergency funding is exempt from discretionary spending limits and is only available if the President subsequently designates the amounts as an emergency and submits the designation to Congress.  The bill also exempts the funding from sequestration. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nutria Eradication and Control Act
of 2011''.

SEC. 2. FINDINGS; PURPOSE.

    Section 2 of the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``and in
                Louisiana'' and inserting ``, the State of Louisiana,
                and other coastal States'';
                    (B) in paragraph (2), by striking ``in Maryland and
                Louisiana on Federal, State, and private land'' and
                inserting ``on Federal, State, and private land in the
                States of Maryland and Louisiana and in other coastal
                States''; and
                    (C) by striking paragraphs (3) and (4) and
                inserting the following:
            ``(3) This Act authorizes the Maryland Nutria Project,
        which has successfully eradicated nutria from more than 130,000
        acres of Chesapeake Bay wetlands in the State of Maryland and
        facilitated the creation of voluntary, public-private
        partnerships and more than 406 cooperative landowner
        agreements.
            ``(4) This Act and the Coastal Wetlands Planning,
        Protection, and Restoration Act (16 U.S.C. 3951 et seq.)
        authorize the Coastwide Nutria Control Program, which has
        reduced nutria-impacted wetland acres in the State of Louisiana
        from 80,000 acres to 23,141 acres.
            ``(5) The proven techniques developed under this Act that
        are eradicating nutria in the State of Maryland and reducing
        the acres of nutria-impacted wetlands in the State of Louisiana
        should be applied to nutria eradication or control programs in
        other nutria-infested coastal States''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Purpose.--The purpose of this Act is to authorize the
Secretary of the Interior to provide financial assistance to the States
of Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and
Washington to carry out activities--
            ``(1) to eradicate or control nutria; and
            ``(2) to restore nutria damaged wetlands.''.

SEC. 3. DEFINITIONS.

    The Nutria Eradication and Control Act of 2003 (Public Law 108-16;
117 Stat. 621) is amended--
            (1) by redesignating sections 3 and 4 as sections 4 and 5,
        respectively; and
            (2) by inserting after section 2 the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Coastal state.--The term `coastal State' means each
        of the States of Delaware, Oregon, North Carolina, Virginia,
        and Washington.
            ``(2) Program.--The term `program' means the nutria
        eradication program established by section 4(a).
            ``(3) Public-private partnership.--The term `public-private
        partnership' means a voluntary, cooperative project undertaken
        by governmental entities or public officials and affected
        communities, local citizens, nongovernmental organizations, or
        other entities or persons in the private sector.
            ``(4) Secretary.--The term `Secretary' means the Secretary
        of the Interior.''.

SEC. 4. NUTRIA ERADICATION PROGRAM.

    Section 4 of the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) (as redesignated by section 3) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary may, subject to the availability
of appropriations, provide financial assistance to the States of
Maryland and Louisiana and the coastal States to implement measures--
            ``(1) to eradicate or control nutria; and
            ``(2) to restore wetlands damaged by nutria.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``the State of''
                before ``Maryland'';
                    (B) in paragraph (2), by striking ``other States''
                and inserting ``the coastal States''; and
                    (C) in paragraph (3), by striking ``marshland'' and
                inserting ``wetlands'';
            (3) in subsection (c)--
                    (A) by striking ``(c) Activities'' and inserting
                ``(c) Activities in the State of Maryland''; and
                    (B) by inserting ``, and updated in March 2009''
                before the period at the end;
            (4) in subsection (e), by striking ``financial assistance
        provided by the Secretary under this section'' and inserting
        ``the amounts made available under subsection (f) to carry out
        the program''; and
            (5) by striking subsection (f) and inserting the following:
    ``(f) Authorization of Appropriations.--Subject to subsection (e),
for each of fiscal years 2012 through 2016, there are authorized to be
appropriated to the Secretary to carry out the program such sums as are
necessary.''.

SEC. 5. REPORT.

    Section 5 of the Nutria Eradication and Control Act of 2003 (Public
Law 108-16; 117 Stat. 621) (as redesignated by section 3) is amended--
            (1) in paragraph (1), by striking ``2002 document entitled
        `Eradication Strategies for Nutria in the Chesapeake and
        Delaware Bay Watersheds'; and'' and inserting ``March 2009
        update of the document entitled `Eradication Strategies for
        Nutria in the Chesapeake and Delaware Bay Watersheds' and
        originally dated March 2002;'';
            (2) in paragraph (2)--
                    (A) by striking ``develop'' and inserting
                ``continue''; and
                    (B) by striking the period at the end and inserting
                ``; and''; and
            (3) by adding after paragraph (2) the following:
            ``(3) develop, in cooperation with the State of Delaware
        Department of Natural Resources and Environmental Control, the
        State of Virginia Department of Game and Inland Fisheries, the
        State of Oregon Department of Fish and Wildlife, the State of
        North Carolina Department of Environment and Natural Resources,
        and the State of Washington Department of Fish and Wildlife,
        long-term nutria control or eradication programs, as
        appropriate, with the objective of--
                    ``(A) significantly reducing and restoring the
                damage nutria cause to coastal wetlands in the coastal
                States; and
                    ``(B) promoting voluntary, public-private
                partnerships to eradicate or control nutria and
                restoring nutria-damaged wetlands in the coastal
                States.''.

Output:
Nutria Eradication and Control Act of 2011 - Amends the Nutria Eradication and Control Act of 2003 to revise the nutria eradication program by authorizing the Secretary of the Interior to provide financial assistance to Delaware, Louisiana, Maryland, North Carolina, Oregon, Virginia, and Washington (currently only to Maryland and Louisiana).

Establishes the goals of such Program as: (1) eradicating nutria in Maryland; (2) eradicating or controlling nutria in Louisiana, Delaware, North Carolina, Oregon, Virginia, and Washington; and (3) restoring wetlands damaged by nutria.

Requires that the Maryland program consist of management, research, and public education activities carried out in accordance with the United States Fish and Wildlife Service's document entitled "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds" dated March 2002 and updated in March 2009.

Authorizes appropriations for FY2012-FY2016.

Requires the Secretary and the National Invasive Species Council to develop long-term nutria control or eradication programs to: (1) significantly reduce and restore nutria damaged wetlands in Delaware, Oregon, North Carolina, Virginia, and Washington; and (2) promote voluntary, public-private partnerships to eradicate or control nutria and restore nutria-damaged wetlands in such states.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Justice Act of 2000''.

SEC. 2. ESTABLISHMENT.

    There is established the Fair Justice Agency (in this Act referred
to as the ``Agency''), which shall be an independent agency in the
executive branch of the Government.

SEC. 3. DIRECTOR.

    (a) In General.--There is at the head of the Agency a Director, who
shall be responsible for the exercise of all powers and the discharge
of all duties of the Agency.
    (b) Appointment.--The Director shall be appointed for a term of ten
years by the President, by and with the advice and consent of the
Senate, from among persons who, by reason of general background and
experience, are specially qualified to manage the full range of
responsibilities of the Director.
    (c) Pay.--
            (1) In general.--The Director shall be paid at the rate
        payable for level II of the Executive Schedule.
            (2) Conforming amendment.--Section 5313 of title 5, United
        States Code, is amended by adding at the end the following
        item:
            ``Director, Fair Justice Agency.''.
    (d) Travel Expenses.--The Director and individuals appointed under
section 5(a) shall receive travel expenses in accordance with sections
5702 and 5703 of title 5, United States Code.
    (e) Dismissal.--
            (1) In general.--The Director may be dismissed only by the
        President for inefficiency, neglect of duty, or malfeasance in
        office.
            (2) Report.--Within five days after dismissing a Director
        under this subsection, the President shall submit to the
        Congress a report containing a detailed statement of the
        reasons for the dismissal.

SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY.

    (a) In General.--The Director may investigate and prosecute any
alleged misconduct, criminal activity, corruption, or fraud by an
officer or employee of the Department of Justice.
    (b) Specific Functions and Powers.--The authority of the Director
under subsection (a) shall include the following:
            (1) Conducting proceedings before grand juries and other
        investigations.
            (2) Participating in court proceedings and engaging in any
        litigation, including civil and criminal matters, that the
        Director considers necessary.
            (3) Appealing any decision of a court in any case or
        proceeding in which the Director participates in an official
        capacity.
            (4) Reviewing all documentary evidence available from any
        source.
            (5) Determining whether to contest the assertion of any
        testimonial privilege.
            (6) Receiving appropriate national security clearances and,
        if necessary, contesting in court (including participating in
        camera proceedings) any claim of privilege or attempt to
        withhold evidence on grounds of national security.
            (7) Making applications to any Federal court for a grant of
        immunity to any witness, consistent with applicable statutory
        requirements, or for warrants, subpoenas, or other court
        orders, and for purposes of this Act exercising the authority
        of a United States attorney or the Attorney General under
        sections 6003, 6004, and 6005 of title 18, United States Code.
            (8) Inspecting, obtaining, or using the original or a copy
        of any tax return, in accordance with the applicable statutes
        and regulations, and, for purposes of this Act exercising the
        authority vested in a United States attorney or the Attorney
        General under section 6103 of the Internal Revenue Code of 1986
and the regulations issued thereunder.
            (9) Initiating and conducting prosecutions in any court of
        competent jurisdiction, framing and signing indictments, filing
        informations, and handling all aspects of any case, in the name
        of the United States.
            (10) Consulting with the United States attorney for the
        district in which any violation of law being investigated or
        prosecuted by the Director is alleged to have occurred.

SEC. 5. OFFICERS AND EMPLOYEES

    (a) Officers and Employees.--The Director may appoint and fix the
compensation of such officers and employees, including attorneys, as
the Director considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--Such officers and
employees shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
    (c) Experts and Consultants.--The Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum rate
payable under the General Schedule.

SEC. 6. ADMINISTRATIVE POWERS.

    (a) Rules.--The Director may prescribe such procedural and
administrative rules and regulations as the Director deems necessary or
appropriate to administer and manage the functions now or hereafter
vested in the Director.
    (b) Reorganization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or components
within the Agency as the Director considers appropriate.
    (c) Mails.--The Agency may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
    (d) Administrative Support Services.--Upon the request of the
Director, the Administrator of General Services shall provide to the
Agency, on a reimbursable basis, the administrative support services
necessary for the Agency to carry out its responsibilities under this
Act.
    (e) Contract Authority.--The Director may enter into and perform
such contracts, leases, cooperative agreements, or other similar
transactions with government and private agencies or persons for
supplies and services, to the extent or in the amounts provided in
advance in appropriation Acts.
    (f) Seal of Agency.--The Director shall cause a seal of office to
be made for the Agency of such design as the Director shall approve.
Judicial notice shall be taken of such seal.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director to carry
out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal
year 2002, and $20,000,000 for fiscal year 2003.

Output:
(Sec. 4) Sets forth provisions regarding: (1) investigative and prosecutorial authority of the Director; and (2) appointment and compensation of officers and employees.
(Sec. 7) Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Fairness in Medicare Home Health
Access Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Home health care is a vital component of the medicare
        program under title XVIII of the Social Security Act.
            (2) Home health services provided under the medicare
        program enable medicare beneficiaries who are homebound and
        greatly risk costly institutionalized care to continue to live
        in their own homes and communities.
            (3) Implementation of the interim payment system for home
        health services has inadvertently exacerbated payment
        disparities for home health services among regions, penalizing
        efficient, low-cost providers in rural areas and providing
        insufficient compensation for the care of medicare
        beneficiaries with acute, medically complex conditions.
            (4) The combination of insufficient payments and new
        administrative changes has reduced the access of medicare
        beneficiaries to home health services in many areas by forcing
        home health agencies to provide fewer services, to shrink their
        service areas, or to limit the types of conditions for which
        they provide treatment.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To improve access to care for medicare beneficiaries
        with high medical needs by establishing a process for home
        health agencies to exclude services provided to medicare
        beneficiaries with acute, medically complex conditions from
        payment limits and to receive payment based on the reasonable
        costs of providing such services through a process that is
        feasible for the Health Care Financing Administration to
        administer.
            (2) To ensure that the 15 percent contingency reduction in
        medicare payments for home health services established under
        the Balanced Budget Act of 1997 does not occur under the
        interim payment system for home health services.
            (3) To reduce the scheduled 15 percent reduction in the
        cost limits and per beneficiary limits to 10 percent and to
        phase-in the additional 5 percent reduction in such limits
        after the initial 3 years of the prospective payment system for
        home health services.
            (4) To address the unique challenges of serving medicare
        beneficiaries in rural and underserved areas by increasing the
        per visit cost limit under the interim payment system for home
        health services.
            (5) To refine the home health consolidated billing
        provision to ensure that medicare beneficiaries requiring
        durable medical equipment services do not experience a break in
        the continuum of care during episodes of home health care.
            (6) To eliminate the requirement that home health agencies
        identify the length of time of a service visit in 15 minute
        increments.
            (7) To express the sense of the Senate that the Secretary
        of Health and Human Services should establish a uniform process
        for disseminating information to fiscal intermediaries to
        ensure timely and accurate information to home health agencies
        and beneficiaries.

SEC. 3. ADEQUATELY ACCOUNTING FOR THE NEEDS OF MEDICARE BENEFICIARIES
              WITH ACUTE, MEDICALLY COMPLEX CONDITIONS.

    (a) Waiver of Per Beneficiary Limits for Outliers.--Section
1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as
amended by section 5101 of the Tax and Trade Relief Extension Act of
1998 (contained in Division J of Public Law 105-277), is amended--
            (1) by redesignating clause (ix) as clause (x); and
            (2) by inserting after clause (viii) the following:
    ``(ix)(I) Notwithstanding the applicable per beneficiary limit
under clause (v), (vi), or (viii), but subject to the applicable per
visit limit under clause (i), in the case of a provider that
demonstrates to the Secretary that with respect to an individual to
whom the provider furnished home health services appropriate to the
individual's condition (as determined by the Secretary) at a reasonable
cost (as determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable per beneficiary limit because of
unusual variations in the type or amount of medically necessary care
required to treat the individual, the Secretary, upon application by
the provider, shall pay to such provider for such individual such
reasonable cost.
    ``(II) The total amount of the additional payments made to home
health agencies pursuant to subclause (I) in any fiscal year shall not
exceed an amount equal to 2 percent of the amounts that would have been
paid under this subparagraph in such year if this clause had not been
enacted.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act, and apply with
respect to each application for payment of reasonable costs for
outliers submitted by any home health agency for cost reporting periods
ending on or after October 1, 1999.

SEC. 4. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME
              HEALTH SERVICES BY ADDRESSING THE 15 PERCENT CONTINGENCY
              REDUCTION IN INTERIM PAYMENTS FOR HOME HEALTH SERVICES.

    (a) Elimination of Contingency Reduction.--Section 4603 of the
Balanced Budget Act of 1997 (42 U.S.C. 1395fff note), as amended by
section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998
(contained in division J of Public Law 105-277), is amended by striking
subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Balanced Budget Act
of 1997 (Public Law 105-33; 111 Stat. 251).

SEC. 5. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME
              HEALTH SERVICES THROUGH A PHASE-IN OF THE 15 PERCENT
              REDUCTION IN PROSPECTIVE PAYMENTS FOR HOME HEALTH
              SERVICES.

    (a) Phase-In of 15 Percent Reduction.--Section 1895(b)(3)(A)(ii)
(42 U.S.C. 1395fff(b)), as amended by section 5101(c)(1)(B) of the Tax
and Trade Relief Extension Act of 1998 (contained in division J of
Public Law 105-277), is amended--
            (1) in paragraph (3)(A)(ii), by striking ``15'' and
        inserting ``10''; and
            (2) by adding at the end the following:
            ``(7) Special rule for payments beginning with fiscal year
        2004.--Beginning with fiscal year 2004, payment under this
        section shall be made as if `15' had been substituted for `10'
        in clause (ii) of paragraph (3)(A) when computing the initial
        basis under such paragraph.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.

SEC. 6. INCREASE IN PER VISIT COST LIMIT TO 112 PERCENT OF THE NATIONAL
              MEDIAN.

    Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)), as amended by section 5101(b) of the Tax and Trade
Relief Extension Act of 1998 (contained in division J of Public Law
105-277), is amended--
            (1) in subclause (IV), by striking ``or'';
            (2) in subclause (V)--
                    (A) by inserting ``and before October 1, 1999,''
                after ``October 1, 1998,''; and
                    (B) by striking the period and inserting ``, or'';
                and
            (3) by adding at the end the following:
            ``(VI) October 1, 1999, 112 percent of such median.''.

SEC. 7. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING.

    (a) In General.--Section 1842(b)(6)(F) of the Social Security Act
(42 U.S.C. 1395u(b)(6)(F)) is amended by striking ``payment shall be
made to the agency (without regard to whether or not the item or
service was furnished by the agency, by others under arrangement with
them made by the agency, or when any other contracting or consulting
arrangement, or otherwise).'' and inserting ``(i) payment shall be made
to the agency (without regard to whether or not the item or service was
furnished by the agency, by others under arrangement with them made by
the agency, or when any other contracting or consulting arrangement, or
otherwise); and (ii) in the case of an item of durable medical
equipment (as defined in section 1861(n)), payment for the item shall
be made to the agency separately from payment for other items and
services furnished to such an individual under such plan.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to items of durable medical equipment furnished on or after the
date of enactment of this Act.

SEC. 8. ELIMINATION OF TIMEKEEPING REQUIREMENTS UNDER THE PROSPECTIVE
              PAYMENT SYSTEM FOR HOME HEALTH AGENCIES.

    (a) In General.--Section 1895(c) of the Social Security Act (42
U.S.C. 1395fff(c)) is amended--
            (1) by striking ``unless--'' and all that follows through
        ``(1) the'' and inserting ``unless the''; and
            (2) by striking ``1835(a)(2)(A);'' and all that follows
        through the period and inserting ``1835(a)(2)(A).''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.

SEC. 9. SENSE OF THE SENATE REGARDING THE TIMELINESS AND ACCURACY OF
              INTERMEDIARY COMMUNICATIONS TO HOME HEALTH AGENCIES.

    It is the sense of the Senate that the Secretary of Health and
Human Services should establish a nationally uniform process that
ensures that each fiscal intermediary (as defined in section 1816(a) of
the Social Security Act (42 U.S.C. 1395h(a))) and each carrier (as
defined in section 1842(f) of such Act (42 U.S.C. 1395u(f))) has the
training and ability necessary to provide timely, accurate, and
consistent coverage and payment information to each home health agency
and to each individual eligible to have payment made under the medicare
program under title XVIII of such Act (42 U.S.C. 1395 et seq.).

Output:
Amends the Balanced Budget Act of 1997 to eliminate the 15 percent home health services payment reduction in interim payments which would occur if the Secretary did not establish a prospective payment system (PPS) for such services as provided for in such Act.
Amends SSA title XVIII with regard to the PPS for home health services to reduce the current 15 percent reduction in cost and per beneficiary limits to ten percent, establishing a special rule beginning in FY 2004 that restores the reduction back to its original 15 percent.
Increases the per visit cost limit to 112 percent of the national median.
Provides that in the case of home health services furnished to an individual who (at the time of furnishing) is under a home health agency plan of care, payment for an item of durable medical equipment shall be made to the agency separately from payment for other items and services furnished.
Eliminates timekeeping requirements under the PPS for home health agencies.
Expresses the sense of the Senate that the Secretary should establish a nationally uniform process that ensures that fiscal intermediaries and carriers under Medicare have the training and ability necessary to provide timely, accurate, and consistent coverage and payment information to each home health agency and to each individual eligible to have payment made under Medicare.