Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Outer Continental Shelf Revenue
Sharing Act of 2005''.

SEC. 2. OUTER CONTINENTAL SHELF REVENUE SHARING.

    Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C.
1356a) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (7);
                    (B) by redesignating paragraphs (8), (9), and (10)
                as paragraphs (7), (8), and (9), respectively;
                    (C) in paragraph (8) (as redesignated by
                subparagraph (B)), by striking subparagraph (B) and
                inserting the following:
                    ``(B) Inclusion.--The term `producing State'
                includes any State that begins production on a leased
                tract on or after the date of enactment of the Outer
                Continental Shelf Revenue Sharing Act of 2005,
                regardless of whether the leased tract was on any date
                subject to a leasing moratorium.''; and
                    (D) in paragraph (9) (as redesignated by
                subparagraph (B)), by striking subparagraph (C); and
            (2) in subsection (b)(4), by striking subparagraph (E).

SEC. 3. ESTABLISHMENT OF SEAWARD LATERAL BOUNDARIES FOR COASTAL STATES.

    Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43
U.S.C. 1333(a)(2)(A)) is amended--
            (1) by inserting ``(i)'' after ``(A)'';
            (2) in the first sentence--
                    (A) by striking ``President shall'' and inserting
                ``Secretary shall by regulation''; and
                    (B) by inserting before the period at the end the
                following: ``not later than 180 days after the date of
                enactment of the Outer Continental Shelf Revenue
                Sharing Act of 2005''; and
            (3) by adding at the end the following:
    ``(ii)(I) For purposes of this Act (including determining
boundaries to authorize leasing and preleasing activities and any
attributing revenues under this Act and calculating payments to
producing States and coastal political subdivisions under section 31),
the Secretary shall delineate the lateral boundaries between coastal
States in areas of the Outer Continental shelf under exclusive Federal
jurisdiction, to the extent of the exclusive economic zone of the
United States, in accordance with article 15 of the United Nations
Convention on the Law of the Sea of December 10, 1982.
    ``(II) This clause shall not affect any right or title to Federal
submerged land on the outer Continental Shelf.''.

SEC. 4. OPTION TO PETITION FOR LEASING WITHIN CERTAIN AREAS ON THE
              OUTER CONTINENTAL SHELF.

    Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C.
1341) is amended by adding at the end the following:
    ``(g) Leasing Within the Seaward Lateral Boundaries of Coastal
States.--
            ``(1) Definition of affected area.--In this subsection, the
        term `affected area' means any area located--
                    ``(A) in the areas of northern, central, and
                southern California and the areas of Oregon and
                Washington;
                    ``(B) in the north, middle, or south planning area
                of the Atlantic Ocean;
                    ``(C) in the eastern Gulf of Mexico planning area
                and lying--
                            ``(i) south of 26 degrees north latitude;
                        and
                            ``(ii) east of 86 degrees west longitude;
                        or
                    ``(D) in the Straits of Florida.
            ``(2) Restrictions on leasing.--The Secretary shall not
        offer for offshore leasing, preleasing, or any related
        activity--
                    ``(A) any area located on the outer Continental
                Shelf that, as of the date of enactment of this
                subsection, is designated as a marine sanctuary under
                the Marine Protection, Research, and Sanctuaries Act of
                1972 (33 U.S.C. 1401 et seq.); or
                    ``(B) except as provided in paragraphs (3) and (4),
                during the period beginning on the date of enactment of
                this subsection and ending on June 30, 2012, any
                affected area.
            ``(3) Resource assessments.--
                    ``(A) In general.--Beginning on the date on which
                the Secretary delineates seaward lateral boundaries
                under section 4(a)(2)(A)(ii), a Governor of a State in
                which an affected area is located, with the consent of
                the legislature of the State, may submit to the
                Secretary a petition requesting a resource assessment
                of any area within the seaward lateral boundary of the
                State.
                    ``(B) Eligible resources.--A petition for a
                resource assessment under subparagraph (A) may be for--
                            ``(i) oil and gas leasing;
                            ``(ii) gas-only leasing; or
                            ``(iii) any other energy source leasing,
                        including renewable energy leasing.
                    ``(C) Action by secretary.--Not later than 90 days
                after receipt of a petition under subparagraph (A), the
                Secretary shall approve the petition, unless the
                Secretary determines that a resource assessment of the
                area would create an unreasonable risk of harm to the
                marine, human, or coastal environment of the State.
                    ``(D) Failure to act.--If the Secretary fails to
                approve or deny a petition in accordance with
                subparagraph (C)--
                            ``(i) the petition shall be considered to
                        be approved; and
                            ``(ii) a resource assessment of any
                        appropriate area shall be carried out as soon
                        as practicable.
                    ``(E) Submission to state.--As soon as practicable
                after the date on which a petition is approved under
                subparagraph (C) or (D), the Secretary shall--
                            ``(i) complete the resource assessment for
                        the area; and
                            ``(ii) submit the completed resource
                        assessment to the State.
            ``(4) Petition for leasing.--
                    ``(A) In general.--On receipt of a resource
                assessment under paragraph (3)(E)(ii), the Governor of
                a State in which an affected area is located, with the
                consent of the legislature of the State, may submit to
                the Secretary a petition requesting that the Secretary
                make available any land that is within the seaward
                lateral boundaries of the State (as established under
                section 4(a)(2)(A)(ii)) and that is greater than 20
                miles from the coastline of the State for the conduct
                of offshore leasing, pre-leasing, or related activities
                with respect to--
                            ``(i) oil and gas leasing;
                            ``(ii) gas-only leasing; or
                            ``(iii) any other energy source leasing,
                        including renewable energy leasing.
                    ``(B) Action by secretary.--Not later than 90 days
                after receipt of a petition under subparagraph (A), the
                Secretary shall approve the petition, unless the
                Secretary determines that leasing the area would create
                an unreasonable risk of harm to the marine, human, or
                coastal environment of the State.
                    ``(C) Failure to act.--If the Secretary fails to
                approve or deny a petition in accordance with
                subparagraph (B)--
                            ``(i) the petition shall be considered to
                        be approved; and
                            ``(ii) any appropriate area shall be made
                        available for oil and gas leasing, gas-only
                        leasing, or any other energy source leasing,
                        including renewable energy leasing.
            ``(5) Revenue sharing.--
                    ``(A) In general.--Beginning on the date on which
                production begins in an area under this subsection, the
                State shall, without further appropriation, share in
                any qualified outer Continental Shelf revenues of the
                production under section 31.
                    ``(B) Applicable law.--
                            ``(i) In general.--Except as provided in
                        clause (ii), a State shall not be required to
                        comply with subsections (c) and (d) of section
                        31 to share in qualified outer Continental
                        Shelf revenues under subparagraph (A).
                            ``(ii) Exception.--Of any qualified outer
                        Continental Shelf revenues received by a State
                        (including a political subdivision of a State)
                        under subparagraph (A), at least 25 percent
                        shall be used for 1 or more of the purposes
                        described in section 31(d)(1).
            ``(6) Effect.--Nothing in this subsection affects any right
        relating to an area described in paragraph (1) or (2) under a
        lease that was in existence on the day before the date of
        enactment of this subsection.''.

SEC. 5. REGULATIONS.

    (a) In General.--The Secretary of the Interior shall issue such
regulations as are necessary to carry out this Act and the amendments
made by this Act, including regulations establishing procedures for
entering into gas-only leases.
    (b) Gas-Only Leases.--In issuing regulations establishing
procedures for entering into gas-only leases, the Secretary shall--
            (1) ensure that gas-only leases under the Outer Continental
        Shelf Lands Act (43 U.S.C. 1331 et seq.) are not available in a
        State that (as of the day before the date of enactment of this
        Act) did not contain an affected area (as defined in section
        12(g)(1) of that Act (as added by section 4)); and
            (2) define ``natural gas'' as--
                    (A) unmixed natural gas; or
                    (B) any mixture of natural or artificial gas
                (including compressed or liquefied petroleum gas) and
                condensate recovered from natural gas.

Output:
Outer Continental Shelf Revenue Sharing Act of 2005 - Amends the Outer Continental Shelf Lands Act (OCSLA) regarding the coastal impact assistance program to: (1) repeal references to leasing moratoria; (2) redefine a "producing state" as one that begins production on a leased tract on or after the date of enactment of this Act, regardless of whether the leased tract was on any date subject to a leasing moratorium; (3) repeal the exclusion of certain revenues from "qualified Outer Continental Shelf revenues;" and (4) repeal the exclusion of certain leased tracts from the statutory formula for payments to coastal political subdivisions.

Directs the Secretary of the Interior to delineate the lateral boundaries between coastal states in areas of the Outer Continental Shelf under exclusive federal jurisdiction.

Prescribes guidelines for petitions to lease within the seaward lateral boundaries of coastal states.

Includes guidelines under which a state shall share in qualified Outer Continental Shelf revenues as of the date production begins under this Act.

Directs the Secretary of the Interior to issue implementing regulations, including procedures for entering into gas-only leases.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1993''.

SEC. 2. TITLE AND PART HEADINGS.

    (a) Title.--The heading of title I of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended to read as follows:

 ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.

    (b) Part.--The heading of part A of title I of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended to read as follows:

                    ``PART A--GENERAL PROVISIONS''.

SEC. 3. FINDINGS AND PURPOSES.

    Section 101 of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000) is amended to read as follows:

``SEC. 101. FINDINGS, PURPOSES, AND POLICY.

    ``(a) Findings.--The Congress finds that--
            ``(1) in 1993 there are more than 3,000,000 individuals
        with developmental disabilities in the United States;
            ``(2) disability is a natural part of the human experience
        that does not diminish the right of individuals with
        developmental disabilities to enjoy the opportunity to live
        independently, enjoy self-determination, make choices,
        contribute to society, and experience full integration and
        inclusion in the economic, political, social, cultural, and
        educational mainstream of American society;
            ``(3) individuals with developmental disabilities
        continually encounter various forms of discrimination in
        critical areas;
            ``(4) there is a lack of public awareness of the
        capabilities and competencies of individuals with developmental
        disabilities;
            ``(5) individuals whose disabilities occur during their
        developmental period frequently have severe disabilities that
        are likely to continue indefinitely;
            ``(6) individuals with developmental disabilities often
        require lifelong specialized services and assistance, provided
        in a coordinated and culturally competent manner by many
        agencies, professionals, advocates, community representatives,
        and others to eliminate barriers and to meet the needs of such
        individuals and their families;
            ``(7) a substantial portion of individuals with
        developmental disabilities and their families do not have
        access to appropriate support and services from generic and
        specialized service systems and remain unserved or underserved;
            ``(8) family members, friends, and members of the community
        can play an important role in enhancing the lives of
        individuals with developmental disabilities, especially when
        the family and community are provided with the necessary
        services and supports; and
            ``(9) the goals of the Nation properly include the goal of
        providing individuals with developmental disabilities with the
        opportunities and support to--
                    ``(A) make informed choices and decisions;
                    ``(B) live in homes and communities in which such
                individuals can exercise their full rights and
                responsibilities as citizens;
                    ``(C) pursue meaningful and productive lives;
                    ``(D) contribute to their family, community, State,
                and Nation;
                    ``(E) have interdependent friendships and
                relationships with others; and
                    ``(F) achieve full integration and inclusion in
                society;
        in an individualized manner, consistent with unique strengths,
        resources, priorities, concerns, abilities and capabilities of
        each individual.
    ``(b) Purpose.--The purpose of this Act is to assure that
individuals with developmental disabilities and their families have
access to culturally competent services, supports, and other assistance
and opportunities that promote independence, productivity, and
integration and inclusion into the community, through--
            ``(1) support to State Developmental Disabilities Councils
        in each State to promote, through systemic change, capacity
        building, and advocacy (consistent with section 101(c)(2)), a
        consumer and family-centered, comprehensive system, and a
        coordinated array of services, supports, and other assistance
        for individuals with developmental disabilities and their
        families;
            ``(2) support to protection and advocacy systems in each
        State to protect the legal and human rights of individuals with
        developmental disabilities;
            ``(3) support to university affiliated programs to provide
        interdisciplinary preservice preparation of students and
        fellows, community service activities, and the dissemination of
        information and research findings; and
            ``(4) support to national initiatives to collect necessary
        data, provide technical assistance to State Developmental
        Disabilities Councils, protection, and advocacy systems and
        university affiliated programs, and support other nationally
        significant activities.
    ``(c) Policy.--It is the policy of the United States that all
programs, projects, and activities receiving assistance under this Act
shall be carried out in a manner consistent with the principles that--
            ``(1) individuals with developmental disabilities,
        including those with the most severe developmental
        disabilities, are capable of achieving independence,
        productivity, and integration and inclusion into the community,
        and the provision of services, supports and other assistance
        can improve such individuals' ability to achieve independence,
        productivity, and integration and inclusion;
            ``(2) individuals with developmental disabilities and their
        families have competencies, capabilities and personal goals
        that should be recognized, supported, and encouraged and any
        assistance should be provided in an individualized manner,
        consistent with the unique strengths, resources, priorities,
        concerns, abilities, and capabilities of the individual;
            ``(3) individuals with developmental disabilities and their
        families are the primary decisionmakers regarding the services
        and supports such individuals and their families receive and
        play decisionmaking roles in policies and programs that affect
        the lives of such individuals and their families;
            ``(4) services, supports, and other assistance are provided
        in a manner that demonstrates respect for individual dignity,
        personal preferences, and cultural differences;
            ``(5) communities accept and support individuals with
        developmental disabilities and are enriched by the full and
        active participation and the contributions by individuals with
        developmental disabilities and their families; and
            ``(6) individuals with developmental disabilities have
        opportunities and the necessary support to be included in
        community life, have interdependent relationships, live in
        homes and communities, and make contributions to their
        families, community, State, and Nation.''.

SEC. 4. TECHNICAL AMENDMENTS.

    (a) Protection and Advocacy of the Rights of Individuals With
Developmental Disabilities.--The heading of part C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.) is amended to read as follows:

  ``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH
                     DEVELOPMENTAL DISABILITIES''.

    (b) System Required.--Section 142 of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding
at the end the following subsection:
    ``(i) Public Notice of Federal Onsite Review.--The Secretary shall
provide advance public notice of any Federal programmatic and
administrative review and solicit public comment on the system funded
under this part through such notice. The findings of the public comment
solicitation notice shall be included in the onsite visit report. The
results of such reviews shall be distributed to the Governor of the
State and to other interested public and private parties.''.
    (c) Definition Regarding University Affiliated Programs.--The
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.) is amended--
            (1) in section 102(1)--
                    (A) by inserting ``, except as provided in section
                155,'' before ``includes''; and
                    (B) by inserting ``the Commonwealth of'' before
                ``Puerto Rico''; and
            (2) by adding at the end of part D the following section:

``SEC. 155. DEFINITION.

    ``For purposes of this part, the term `State' means each of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.''.

SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Planning of Priority Area Activities.--Section 130 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6030) is amended by striking ``$77,400,000'' and all that follows and
inserting the following: ``$70,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and 1996.''.
    (b) Protection and Advocacy of Individual Rights.--Section 143 of
the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6043) is amended by striking ``$24,200,000'' and all that
follows and inserting the following: ``$24,000,000 for fiscal year
1994, and such sums as may be necessary for each of the fiscal years
1995 and 1996.''.
    (c) University Affiliated Program.--Section 154 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6064) is amended to read as follows:

``SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of making grants under subsections (a) through
(e) of section 152, there are authorized to be appropriated $19,000,000
for fiscal year 1994, and such sums as may be necessary for each of the
fiscal years 1995 and 1996.''.
    (d) Projects of National Significance.--Section 163(a) of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6083(a)) is amended by striking ``$3,650,000'' and all that follows and
inserting the following: ``$4,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and 1996.''.

Output:
Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to revise the Act's statements of findings and purpose and to declare related policy.
Requires:  (1) advance public notice of any Federal programmatic and administrative review; (2) solicitation of public comment on State systems to protect and advocate the rights of persons with developmental disabilities; (3) inclusion of the comment findings in the onsite visit report; and (4) distribution of the review results.
Removes from the definition of "State," as it applies to university affiliated programs under the Act, references to the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands.
Authorizes appropriations under the Act for priority area activities, protection and advocacy of the rights of individuals with developmental disabilities, university affiliated programs, and projects of national significance.


Input:
SECTION 1. RECOGNITION OF ACCREDITING AGENCIES AND ASSOCIATIONS.

    (a) Due Process.--Paragraph (6) of section 496(a) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(a)) is amended to read as
follows:
            ``(6) such agency or association shall apply procedures
        throughout the accrediting process, including evaluation,
        interim sanction, and withdrawal or termination of
        accreditation proceedings, that comply with due process,
        including the right to--
                    ``(A) adequate specification of the agency's
                accrediting requirements;
                    ``(B) written notice of deficiencies at the
                institution of higher education or program being
                examined and a reasonable time period, expressly set
                forth in the notice, to correct the deficiencies;
                    ``(C) advance notice of and an opportunity for a
                hearing by any such institution before the agency's
                decision making body prior to the agency's final
                consideration of imposition of an adverse action;
                    ``(D) appeal any adverse action by the agency
                against any such institution to an independent and
                impartial arbitration panel appointed jointly by the
                agency and the institution and conducted at the
                location of the institution;
                    ``(E) appeal, at a minimum, the adequacy of the
                evidence supporting the adverse action decision, the
                adequacy of the agency's compliance with its own
                policies and procedures, and the extent to which the
                decision of the agency was tainted by bias or prejudice
                of any agent or official of the agency;
                    ``(F) representation by counsel for any such
                institution;
                    ``(G) an arbitration panel decision that may affirm
                or reverse, but not modify, the decision appealed by
                the institution; and
                    ``(H) an allocation of the costs of the appeal that
                requires the agency and institution to each bear its
                own attorney, witness, and other costs of presentation
                of its case at the arbitration hearing and shifts the
                cost of the arbitration panel and any court reporter to
                the losing party;
        except that the Secretary may issue regulations to further
        define due process requirements as needed to protect accredited
        institutions, but may not by regulation reduce due process
        requirements available to accredited institutions, whether the
        due process is required under this paragraph or another
        provision of law or regulation;''.
    (b) Additional Criteria.--Section 496(a) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(9) if an agency or association conducts an assessment of
        an institution's governing board--
                    ``(A) such assessment shall consistently apply the
                accreditation standard, to the greatest extent
                possible, to any State-appointed receiver, special
                trustee, or similar interim governing authority, until
                such time as governing authority is returned to the
                regular governing board; and
                    ``(B) such agency or association shall not
                terminate accreditation solely on the ground that the
                institution is under interim management of a State-
                appointed receiver, special trustee, or similar
                governing authority unless the agency or association
                determines that there are other deficiencies at the
                institution that provide grounds for termination, and
                that, after providing due process required by this
                section, the interim governing authority has not
                corrected such deficiencies within a reasonable period
                of time; and
            ``(10) such agency or association, and any officer or
        subdivision of such agency or association that makes
        accreditation recommendations to its decision-making board,
        shall conduct meetings open to public observation and comment
        and shall, at least 7 days before the time of any such meeting,
        post and distribute its meeting agenda electronically and
        otherwise to the public, and, for purposes of this paragraph--
                    ``(A) the term `meetings' includes all meetings,
                hearings, appeals, deliberations, and votes on
                accreditation matters regarding any educational
                institution or on accrediting standards, policies, or
                procedures; and
                    ``(B) the Secretary shall issue regulations to
                implement this paragraph.''.
    (c) Recognition of State Accrediting Agencies.--Section
496(a)(3)(B) (20 U.S.C. 1099b(a)(3)(B)) is amended by striking ``on or
before October 1, 1991''.

Output:
Amends the Higher Education Act of 1965 to revise due process standards governing the accreditation process of educational institutions.

 Requires accrediting agencies and associations to provide educational institutions with: (1) written notice of deficiencies and a reasonable time period to correct such deficiencies; (2) advance notice of any adverse action and an opportunity for a hearing; and (3) a right to appeal an adverse action to an independent and impartial arbitration panel.

Requires accrediting agencies and associations to: (1) ensure consistent application of accreditation standards to an educational institution's governing board in receivership; and (2) allow public access to meetings involving accreditation recommendations.

Authorizes the Secretary of Education to issue regulations to further define due process requirements for the accreditation process.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Robert S. Walker and George E.
Brown, Jr. Hydrogen Energy Act of 2001''.

SEC. 2. PURPOSES.

    Section 102(b) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to direct the Secretary to conduct research,
        development, and demonstration activities leading to the
        production, storage, transportation, and use of hydrogen for
        industrial, commercial, residential, transportation, and
        utility applications;
            ``(2) to direct the Secretary to develop a program of
        technology assessment, information dissemination, and education
        in which Federal, State, and local agencies, members of the
        energy, transportation, and other industries, and other
        entities may participate; and
            ``(3) to develop methods of hydrogen production that
        minimize adverse environmental impacts, including efficient and
        cost-effective production from renewable and nonrenewable
        energy resources.''.

SEC. 3. DEFINITIONS.

    Section 102(c) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
            (1) by redesignating paragraphs (1) through (3) as
        paragraphs (2) through (4), respectively; and
            (2) by inserting before paragraph (2), as so redesignated
        by paragraph (1) of this section, the following new paragraph:
            ``(1) `advisory board' means the advisory board established
        under section 108;''.

SEC. 4. REPORTS TO CONGRESS.

    Section 103 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 103. REPORTS TO CONGRESS.

    ``(a) Requirement.--Not later than 1 year after the date of the
enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen
Energy Act of 2001, and annually thereafter, the Secretary shall
transmit to Congress a detailed report on the status and progress of
the programs and activities authorized under this Act.
    ``(b) Contents.--A report under subsection (a) shall include, in
addition to any views and recommendations of the Secretary--
            ``(1) an analysis of Federal, State, and local hydrogen-
        related research and development activities to identify
        productive areas for increased intergovernmental collaboration;
            ``(2) a determination of the effectiveness of the
        technology assessment, information dissemination, and education
        program established under section 106; and
            ``(3) recommendations of the advisory board for any
        improvements needed in the programs and activities authorized
        by this Act.''.

SEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT.

    Section 104 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT.

    ``(a) Establishment of Program.--The Secretary shall conduct a
hydrogen research and development program relating to production,
storage, transportation, and use of hydrogen, with the goal of enabling
the private sector to demonstrate the technical feasibility of using
hydrogen for industrial, commercial, residential, transportation, and
utility applications.
    ``(b) Elements.--In conducting the program authorized by this
section, the Secretary shall--
            ``(1) give particular attention to developing an
        understanding and resolution of critical technical issues
        preventing the introduction of hydrogen into the marketplace;
            ``(2) initiate or accelerate existing research and
        development in critical technical issues that will contribute
        to the development of more economical hydrogen production,
        storage, transportation, and use, including critical technical
        issues with respect to production (giving priority to those
        production techniques that use renewable energy resources as
        their primary source of energy for hydrogen production),
        liquefaction, transmission, distribution, storage, and use
        (including use of hydrogen in surface transportation); and
            ``(3) survey private sector and public sector hydrogen
        research and development activities worldwide, and take steps
        to ensure that research and development activities under this
        section do not--
                    ``(A) duplicate any available research and
                development results; or
                    ``(B) displace or compete with the privately funded
                hydrogen research and development activities of United
                States industry.
    ``(c) Evaluation of Technologies.--The Secretary shall evaluate,
for the purpose of determining whether to undertake or fund research
and development activities under this section, any reasonable new or
improved technology that could lead or contribute to the development of
economical hydrogen production, storage, transportation, and use.
    ``(d) Competitive Peer Review.--The Secretary shall carry out or
fund research and development activities under this section only on a
competitive basis using peer review.
    ``(e) Cost Sharing.--The Secretary shall require, for research and
development activities carried out by industry under this section, a
commitment from non-Federal sources of at least 20 percent of the cost
of the project.''.

SEC. 6. DEMONSTRATIONS.

    Section 105(c) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended by inserting
``Non-Federal Funding Requirement.--'' after ``(c)''.

SEC. 7. TECHNOLOGY TRANSFER.

    Section 106 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND
              EDUCATION PROGRAM.

    ``(a) Program.--The Secretary shall, in consultation with the
advisory board, conduct a program designed to accelerate wider
application of hydrogen production, storage, transportation, and use
technologies, including application in foreign countries to increase
the global market for the technologies and foster global economic
development without harmful environmental effects.
    ``(b) Information.--The Secretary, in carrying out the program
authorized by subsection (a), shall--
            ``(1) undertake an update of the inventory and assessment,
        required under section 106(b)(1) of this Act as in effect
        before the date of the enactment of the Robert S. Walker and
        George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen
        technologies and their commercial capability to economically
        produce, store, transport, or use hydrogen in industrial,
        commercial, residential, transportation, and utility sectors;
            ``(2) develop, with other Federal agencies as appropriate
        and industry, an information exchange program to improve
        technology transfer for hydrogen production, storage,
        transportation, and use, which may consist of workshops,
        publications, conferences, and a database for the use by the
        public and private sectors; and
            ``(3) foster the exchange of generic, nonproprietary
        hydrogen production, storage, transportation, and use
        information and technology among industry, academia, and
        Federal, State, and local governments.''.

SEC. 8. COORDINATION AND CONSULTATION.

    Section 107 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended--
            (1) in subsection (a), by striking ``management
        responsibility--'' and all that follows through ``(2)'' and
        inserting ``management responsibility''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Consultation.--The Secretary shall consult with other Federal
agencies as appropriate, and the advisory board, in carrying out the
Secretary's authorities pursuant to this Act.''.

SEC. 9. ADVISORY BOARD.

    Section 108 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 108. ADVISORY BOARD.

    ``(a) Establishment.--The Secretary shall enter into appropriate
arrangements with the National Academy of Sciences to establish an
advisory board consisting of experts drawn from domestic industry,
academia, Governmental laboratories, and financial, environmental, and
other organizations, as appropriate, to review and advise on the
progress made through the programs and activities authorized under this
Act.
    ``(b) Cooperation.--The heads of Federal agencies shall cooperate
with the advisory board in carrying out this section and shall furnish
to the advisory board such information as the advisory board reasonably
deems necessary to carry out this section.
    ``(c) Review.--The advisory board shall review and make any
necessary recommendations to the Secretary on--
            ``(1) the implementation and conduct of programs and
        activities authorized under this Act; and
            ``(2) the economic, technological, and environmental
        consequences of the deployment of hydrogen production, storage,
        transportation, and use systems.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 109 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 is amended to read as
follows:

``SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Research and Development; Advisory Board.--There are
authorized to be appropriated to the Secretary to carry out sections
104 and 108--
            ``(1) $40,000,000 for fiscal year 2002;
            ``(2) $45,000,000 for fiscal year 2003;
            ``(3) $50,000,000 for fiscal year 2004;
            ``(4) $55,000,000 for fiscal year 2005; and
            ``(5) $60,000,000 for fiscal year 2006.
    ``(b) Demonstration.--There are authorized to be appropriated to
the Secretary to carry out section 105--
            ``(1) $20,000,000 for fiscal year 2002;
            ``(2) $25,000,000 for fiscal year 2003;
            ``(3) $30,000,000 for fiscal year 2004;
            ``(4) $35,000,000 for fiscal year 2005; and
            ``(5) $40,000,000 for fiscal year 2006.''.

SEC. 11. REPEAL.

    (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is
repealed.
    (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of
1996 is amended by striking ``titles II and III'' and inserting ``title
III''.

Output: Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include: (1) research and demonstration activities leading to the use of hydrogen for commercial applications; and (2) the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable resources. Repeals as a purpose the development of renewable energy resources as a primary source of energy for hydrogen production.Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act; (2) conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries, increase the global market for hydrogen technologies, and foster global economic development without harmful environmental effects; and (3) enter into arrangements with the National Academy of Sciences to establish an advisory board to replace the current Hydrogen Technical Advisory Panel.Amends the Hydrogen Future Act of 1996 to repeal the program relating to the integration of fuel cells with hydrogen production systems.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mercury Health Advisory Act of
2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Mercury is a persistent, bioaccumulative heavy metal
        that poses a significant risk to human health, wildlife, and
        the environment.
            (2) Mercury discharges into the atmosphere and surface
        oceans have increased two-to-five fold since the beginning of
        the industrialized period due to human activities.
            (3) Substantial evidence is accumulating that exposure to
        methyl-mercury is widespread in the general public and
        occurring at higher than health-based levels of concern
        according to the Food and Drug Administration, the
        Environmental Protection Agency, and the World Health
        Organization. Fish and seafood caught or sold in the United
        States are contaminated with methyl-mercury, a toxic element
        that may cause neurological damage and other health-related
        problems as a result of fish or seafood consumption.
            (4) According to the 1997 Environmental Protection Agency
        Mercury Report to Congress, mercury levels in the following
        fish, at least occasionally, exceeded the Food and Drug
        Administration's ``action level'' limit of 1 part per million:
        tilefish, king mackerel, shark, swordfish, tuna, lobster, red
        snapper, saltwater and freshwater bass, bluefish, bluegills,
        catfish, crappie, groupers, hake, halibut, northern pike,
        walleye, largemouth bass, pompano, snook, sunfish, and other
        finfish.
            (5) The Food and Drug Administration advises pregnant women
        and women of childbearing age not to eat shark, king mackerel,
        tilefish, and swordfish and to limit consumption of all other
        fish to 12 ounces per week. The Food and Drug Administration
        advises other persons to limit their consumption of shark and
        swordfish to no more than 7 ounces per week.
            (6) The Environmental Protection Agency recommends that
        women who are pregnant or who may become pregnant, nursing
        mothers, and young children limit fish consumption to 6 meals
        per week of cooked fish or an 8-ounce meal per week for
        uncooked fish for adults and 2 meals per week of cooked fish or
        a 3-ounce meal per week of uncooked fish for young children.
            (7) In 2003, 44 States issued health advisories that warned
        the public about consuming mercury-tainted fish, as compared to
        27 States that issued such advisories in 1993.
            (8) Eleven States warn pregnant women and young children to
        limit consumption of canned tuna, the most consumed fish in the
        United States, to 1 or 2 cans per week and some States warn
        that the ``white'' albacore canned tuna has significantly
        higher mercury levels than the ``light'' tuna, based upon Food
        and Drug Administration testing.
            (9) Data from the National Health and Nutrition Examination
        Survey Centers indicates that 7.8 percent of women of
        childbearing age have blood mercury levels in their bodies
        above what is considered safe for the developing fetus,
        translating into over 300,000 babies born each year in the
        United States at risk of mercury poisoning.
            (10) Between 30 percent and 50 percent of women of
        childbearing age are not aware of the methyl-mercury exposure
        risks from ingestion of mercury-contaminated fish, according to
        the Food and Drug Administration.
            (11) A January 2001 report by the United States General
        Accounting Office (GAO) criticized the Food and Drug
        Administration for not providing guidance to the fishing
        industry to identify and prevent fish contaminated with mercury
        from reaching consumers, even though the Agency's own
testing found that, for example, over half of the swordfish exceeded
its action level of one part per million (ppm).
            (12) Evidence is continuing to emerge linking increased
        risk of coronary heart disease to mercury exposure, as
        presented in at least 2 peer reviewed studies.
            (13) Health advisory information on mercury-contaminated
        fish, which is necessary to protect public health, is not
        widely known by the State or Federal Government. This lack of
        awareness potentially threatens tens of millions of Americans
        who may unknowingly ingest harmful amounts of mercury because
        they are not aware of exposure risks from consumption of
        freshwater fish and seafood.
    (b) Purposes.--The purposes of this Act are to--
            (1) ensure that the public is adequately informed about the
        potential adverse effects of mercury exposure through the
        consumption of fish products;
            (2) require the Secretary of Health and Human Services to
        work cooperatively with other Federal and State agencies, as
        well as nonprofit organizations, to create appropriate
        advisories for the distribution to the public of explanations
        of the potential adverse effects of mercury exposure from fish
        consumption;
            (3) require the Administrator of the Environmental
        Protection Agency to work cooperatively with State fish and
        game officials to create an informative guide for distribution
        to the public about the dangers of the consumption of
        recreationally-caught fish;
            (4) require the Food and Drug Administration to resume its
        seafood methyl-mercury monitoring program to better document
        mercury levels in various fish species sold in commerce;
            (5) require the Secretary of Health and Human Services, in
        cooperation with private and public organizations, to design
        and implement a National Public Education Program regarding the
        presence of methyl-mercury in seafood and fish consumption
        advisories for methyl-mercury; and
            (6) require the Administrator of the Environmental
        Protection Agency to annually prepare a report on the impacts
        of mercury on human health and the environment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Commissioner.--The term ``Commissioner'' means the
        Commissioner of Food and Drugs.
            (3) Health professional.--The term ``health professional''
        means any licensed professional in the dental and medical
        profession.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 4. ADVISORY NOTICES.

    (a) Consumer Mercury Advisory Notice.--
            (1) In general.--The Administrator and the Commissioner
        shall jointly develop fish consumption advisories for methyl-
        mercury in fish. Such advisories shall be based on the
        Environmental Protection Agency's Reference Dose for--
                    (A) the general population;
                    (B) sensitive populations; and
                    (C) populations consuming above average amounts of
                fish.
            (2) Consumer's notice.--The Secretary, in consultation with
        the Administrator and the heads of State environmental agencies
        and health departments, shall prepare a consumer's mercury
        advisory notice. Such notice shall be distributed widely by the
        Secretary, at no cost, to health professionals, particularly
        medical offices that provide gynecological, obstetrical, or
        pediatric care, and to the extent practicable shall be made
        available and posted in the patient or client areas of all
        maternal and child health and nutrition program offices, and
        shall be made available to health care providers, Federal,
        State, and local government agencies, and the general public
        upon request.
            (3) Criteria.--The advisories developed under this
        subsection shall--
                    (A) explain, in an easily understandable manner,
                the dangers of mercury exposure through the consumption
                of mercury contaminated fish to women of childbearing
                age, women who expect to become pregnant, women who are
                pregnant or breast feeding their children, and young
                children and their parents;
                    (B) describe, in an easily understandable manner,
                in detail the most current mercury health advisories
                prepared by the Federal Government concerning fish
                consumption, contain the toll free number established
                under paragraph (4), and contain such other information
                as the Secretary determines appropriate; and
                    (C) be printed in large type in English, Spanish,
                and other languages determined by the Secretary to be
                culturally and linguistically appropriate.
            (4) Toll-free telephone number.--The Secretary shall
        establish a toll-free telephone number to enable individuals to
        obtain additional information about the health advisories
        developed under this subsection concerning exposure to mercury
        from consumption of fish and seafood, as well as exposure from
        other sources.
            (5) Updating of information.--The information provided
        under this subsection shall be updated periodically as
        determined necessary by the Secretary.
    (b) Mercury Warning Consumer's Guide.--
            (1) In general.--The Administrator, in consultation with
        the Secretary, shall prepare a consumer's guide to mercury and
        health advisory for the consumption of recreationally-caught
        fish. Such guide shall be distributed, at no cost, to--
                    (A) State departments of fisheries, wildlife, and
                environmental law enforcement;
                    (B) all applicants for a fishing license at the
                time the license is issued; and
                    (C) to public upon request.
            (2) Criteria.--The guide developed under paragraph (1)
        shall--
                    (A) be printed in large type in English, Spanish,
                and other languages determined by the Secretary to be
                culturally and linguistically appropriate;
                    (B) contain the toll free telephone number
                established by the Environmental Protection Agency that
                residents may call for further information about the
                health advisories contained in the guide.
            (3) Updating of information.--The guide developed under
        paragraph (1) shall be updated periodically as determined
        necessary by the Secretary.
    (c) Consumption Advisory.--
            (1) In general.--The Secretary, in consultation with the
        Secretary of Agriculture and the Administrator, shall work with
        the States and other appropriate entities to--
                    (A) develop and distribute regional and national
                advisories concerning the presence of methyl-mercury in
                seafood;
                    (B) develop standardized formats for written and
                broadcast advisories regarding methyl-mercury in
                seafood;
                    (C) develop and periodically upgrade information
                related to mercury fish tissue test results and fish
                consumption advisories for methyl-mercury;
                    (D) coordinate State and local advisories in the
                formation of the National Public Education Program
                under subsection (d)(1); and
                    (E) coordinate with that sector of the retail food
                industry that is engaged in the sale of any fresh,
                packaged, or frozen fish or seafood products intended
                for human consumption, concerning the posting of such
                advisories in their place of business where fish are
                sold to inform women of childbearing age, pregnant, and
                nursing women and the parents of young children on the
                potential dangers of mercury that is present in certain
                fish or seafood.
            (2) Criteria.--The advisories and notices developed under
        paragraph (1) shall include information both on limiting the
        consumption of certain high level fish and seafood to the
        general population and, for sensitive populations such as women
        of childbearing age and children, stress the importance of
        limiting consumption of frequently consumed fish that may
        exceed the Environmental Protection Agency's Reference Dose.
            (3) Consumption advisory.--
                    (A) In general.--Based on information compiled by
                the Environmental Protection Agency, the National
                Marine Fisheries Services, and the Food and Drug
                Administration, shall work with State health, fish and
                wildlife, and environmental agencies to develop and
                periodically update a consumption advisory for any
                fresh, packaged, or frozen fish or seafood products
                intended for human consumption for posting by retail
                food establishments and restaurants pursuant to this
                Act. The advisory shall provide information about the
                potential dangers from the ingestion of mercury from
                the consumption of fish and seafood by women of
                childbearing age, pregnant women, and young children
                and other at-risk groups as determined by the
                Department, including populations consuming above-
                average quantities of fish and seafood.
                    (B) Distribution.--The Secretary shall make copies
                of the advisory developed under subparagraph (A)
                available to State boards of health or other State and
                local governmental entities that have the same
                authority as a State board of health for distribution
                to the public and to local retail food establishments
                and restaurants.
            (4) Requirements.--The advisories and notices developed
        under this subsection shall be printed in large type in
        English, Spanish, and other languages determined by the
        Secretary to be culturally and linguistically appropriate.
    (d) Public Education and Advisory System.--
            (1) Public education.--The Secretary, in consultation with
        public and nonprofit private entities (including cooperative
        extension services and appropriate State entities), shall
        design and implement a national public education program
        regarding the presence of methyl-mercury in seafood.
            (2) Features.--The program developed under paragraph (1)
        shall provide--
                    (A) information to the public regarding--
                            (i) Federal standards and good practice
                        requirements relating to methyl-mercury in
                        seafood; and
                            (ii) the promotion of public awareness,
                        understanding, and acceptance of such standards
                        and requirements;
                    (B) information to health professionals so that
                health professionals may improve the diagnosis and
                treatment of mercury-related illness and advise
                individuals whose health conditions place those
                individuals at particular risk; and
                    (C) such other information or advice to consumers
                and other individuals as the Secretary determines will
                promote the purposes of this section.
    (e) Sampling and Monitoring.--
            (1) In general.--The Commissioner shall resume the seafood
        methyl-mercury monitoring sampling program of the Food and Drug
        Administration to assist in documenting mercury levels in
        various fish species.
            (2) Monitoring.--The sampling program described in
        paragraph (1) shall be conducted so as to provide statistically
        valid monitoring data with respect to mercury levels in fish
        and seafood (including market-basket studies) including
        documenting the extent to which fish with mercury levels in
        excess of the action level are sold in commerce. Such
        information, along with information gathered by the
        Environmental Protection Agency, shall be compiled into an
        annual report by the Commissioner to track changes in dietary
        exposure to mercury from fish and seafood.
            (3) Avoidance of duplication of effort.--To the extent
        practicable, the sampling program described in paragraph (1)
        shall be consistent with, and shall be coordinated with, other
        seafood sampling programs that are in use, so as to avoid
        duplication of effort.

SEC. 5. HAACP ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the
Secretary shall finalize the Hazard Analysis and Critical Control Point
assessment to determine whether or not methyl-mercury exposure through
fish consumption is a public health hazard.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Public Education and Advisory System.--There is authorized to
be appropriated to develop and implement the public education and
advisory system under section 3(d), $500,000 for each fiscal year.
    (b) Sampling.--There is authorized to be appropriated to carry out
sampling under section 3(e), $1,000,000 for each fiscal year.
    (c) State Support.--
            (1) In general.--There is authorized to be appropriated to
        support the efforts of States to sample noncommercial fish and
        inland waterways for mercury and to produce State-specific
        health advisories related to mercury, $2,000,000 for each
        fiscal year.
            (2) Equitable distribution.--The Administrator shall
        distribute amounts made available under paragraph (1) equitably
        among the States through programs in existence on the date of
        enactment of this Act.

Output:
Mercury Health Advisory Act of 2003 - Requires the Administrator of the Environmental Protection Agency and the Commissioner of Food and Drugs jointly to develop fish consumption advisories for methyl-mercury in fish.

Directs the Secretary of Health and Human Services to: (1) prepare and distribute to health professionals (and others upon request) a consumer's mercury advisory notice regarding the health risks of fish consumption; and (2) establish a toll-free number for individuals who desire additional information.

Requires the Administrator to prepare and distribute to specified State entities and applicants for fishing licenses (and others upon request) a consumer's guide to mercury, including a health advisory for the consumption of recreationally-caught fish.

Requires the Secretary to work with States and other entities to: (1) develop and distribute standardized advisories, including consumption advisories and health warnings, regarding the presence of methyl-mercury in seafood; and (2) design and implement a related national public education program.

Directs the Commissioner to resume the Food and Drug Administration's seafood methyl-mercury monitoring sampling program.

Requires the Secretary, within one year of enactment of this Act, to finalize the Hazard Analysis and Critical Control Point assessment to determine whether methyl-mercury exposure through fish consumption is a public health hazard.


Input:
SECTION 1. PRIVATIZATION OF WASTE CLEANUP AND MODERNIZATION ACTIVITIES
              OF DEFENSE NUCLEAR FACILITIES.

    (a) Contract Authority.--Notwithstanding any other law, the
Secretary of Energy may enter into 1 or more long-term contracts for
the procurement, from a facility located within 25 miles of a current
or former Department of Energy defense nuclear facility, of products
and services that are determined by the Secretary to be necessary to
support waste cleanup and modernization activities at such facilities,
including the following services and related products:
            (1) Waste remediation and environmental restoration,
        including treatment, storage, and disposal.
            (2) Technical services.
            (3) Energy production.
            (4) Utility services.
            (5) Effluent treatment.
            (6) General storage.
            (7) Fabrication and maintenance.
            (8) Research and testing.
    (b)  Contract Provisions.--A contract under subsection (a)--
            (1) shall be for a term of not more than 30 years;
            (2) shall include options for 2 10-year extensions of the
        contract;
            (3) when nuclear or hazardous material is involved, shall
        include an agreement to--
                    (A) provide indemnification pursuant to section
                170d. of the Atomic Energy Act of 1954 (42 U.S.C.
                2210(d));
                    (B) indemnify, protect, and hold harmless the
                contractor from and against all liability, including
                liability for legal costs, relating to any preexisting
                conditions at any part of the defense nuclear facility
                managed under the contract;
                    (C) indemnify, protect, and hold harmless the
                contractor from and against all liability to third
                parties, including liability for legal costs, relating
                to claims for personal injury, illness, property
                damage, and consequential damages; and
                    (D) provide for indemnification of subcontractors
                as described in subparagraphs (A), (B), and (C);
            (4) shall permit the contractor (in accordance with Federal
        law) to obtain a patent for and use for commercial purposes a
        technology developed by the contractor in the performance of
        the contract;
            (5) shall not provide for payment to the contractor of cost
        plus a percentage of cost or cost plus a fixed fee; and
            (6) shall include such other terms and conditions as the
        Secretary of Energy considers appropriate to protect the
        interests of the United States.
    (c) Preference for Local Residents.--In entering into contracts
under subsection (a), the Secretary of Energy shall give preference,
consistent with Federal, State, and local law, to entities that plan to
hire, to the maximum extent practicable, residents of the vicinity of
the Department of Energy defense nuclear facility concerned and to
persons who have previously been employed by the Department of Energy
or its private contractor at the facility.
    (d) Subsequently Enacted Requirements.--
            (1) Definition.--In this subsection, the term ``applicable
        requirement'' means a requirement in an Act of Congress or
        regulation that applies specifically to activities described in
        subsection (a).
            (2) Increased costs.--
                    (A) In general.--A contractor under a contract
                under subsection (a) shall be exempt from an applicable
                requirement that would increase the cost of performing
                the contract that is--
                            (i) imposed by regulation by a Federal,
                        State, or local governmental agency after the
                        date on which the contract is entered into
                        unless the regulation is issued under an Act of
                        Congress described in the exception stated in
                        clause (ii); or
                            (ii) imposed by an Act of Congress enacted
                        after the date of enactment of this Act, except
                        an Act of Congress that refers to this
                        paragraph and explicitly states that it is the
                        intent of Congress to subject such a contractor
                        to the requirement.
                    (B) Amendment of contract.--In the case of
                enactment of an Act of Congress described in the
                exception stated in subparagraph (A)(ii), the Secretary
                of Energy and the contractor shall negotiate an
                amendment to a contract under subsection (a) providing
                full compensation to the contractor for the increased
                cost incurred in order to comply with any additional
                requirement of law.
            (3) Reduced costs.--
                    (A) In general.--A contractor under a contract
                under subsection (a) may elect to be governed by a
                change in a requirement that would reduce the cost of
                performing the contract that is--
                            (i) adopted by regulation by a Federal,
                        State, or local governmental agency after the
                        date on which the contract is entered into,
                        unless the change is made pursuant to an Act of
                        Congress that refers to this paragraph and
                        explicitly states that it is the intent of
                        Congress to continue to subject such a
                        contractor to that requirement, as in effect
                        prior to the date of enactment of that Act of
                        Congress; or
                            (ii) enacted by an Act of Congress enacted
                        after the date of enactment of this Act, except
                        an Act of Congress that refers to this
                        paragraph and explicitly states that it is the
                        intent of Congress to continue to subject such
                        a contractor to that requirement, as in effect
                        prior to the date of enactment of that Act of
                        Congress.
                    (B) Amendment of contract.--In the case of a change
                in a requirement that is to be applied to a contractor
                that will reduce the cost of performing the contract,
                the Secretary of Energy and the contractor shall
                negotiate an amendment to a contract under subsection
                (a) providing for a reduction in the amount of
                compensation to be paid to the contractor commensurate
                with the amount of any reduction in costs resulting
                from the change.
    (e) Payment of Balance of Unamortized Costs.--
            (1) Definition.--In this subsection, the term ``special
        facility'' means land, a depreciable building, structure, or
        utility, or depreciable machinery, equipment, or material that
        is not supplied to a contractor by the Department of Energy.
            (2) Contract term.--A contract under subsection (a) may
        provide that if the contract is terminated for the convenience
        of the Government, the Secretary of Energy shall pay the
        unamortized balance of the cost of any special facility
        acquired or constructed by the contractor for performance of
        the contract.
            (3) Source of funds.--The Secretary of Energy may make a
        payment under a contract term described in paragraph (2) and
        pay any other costs assumed by the Secretary as a result of the
        termination out of any appropriations that are available to the
        Department of Energy for operating expenses for the fiscal year
        in which the termination occurs or for any subsequent fiscal
        year.
    (f) Lease of Federally Owned Land.--
            (1) In general.--Notwithstanding any other provision of
        law, the Secretary of Energy may lease federally owned land at
        a current or former Department of Energy defense nuclear
        facility to a contractor in order to provide for or to
        facilitate the construction of a facility in connection with a
        contract under subsection (a).
            (2) Term.--The term of a lease under this paragraph shall
        be the lesser of--
                    (A) the expected useful life of the facility to be
                constructed; or
                    (B) the term of the contract.
            (3) Terms and conditions.--A lease under paragraph (1)
        shall--
                    (A) require the contractor to pay rent in amounts
                that the Secretary of Energy considers to be
                appropriate; and
                    (B) include such other terms and conditions as the
                Secretary of Energy considers to be appropriate.
    (g) Nuclear Standards.--The Secretary of Energy shall, whenever
practicable, consider applying commercial nuclear standards to a
facility used in the performance of a contract under subsection (a).
    (h) Limitation on Liability.--
            (1) Definitions.--In this subsection, the terms ``hazardous
        substance'', ``pollutant or contaminant'', ``release'', and
        ``response'' have the meanings stated in section 101 of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601).
            (2) In general.--A contractor under a contract under
        subsection (a) or a subcontractor of the contractor shall not
        be liable under Federal, State, or local law for any injury,
        cost, damage, expense, or other relief on a claim by any person
        for death, personal injury, illness, loss of or damage to
        property, or economic loss caused by a release or threatened
        release of a hazardous substance or pollutant or contaminant
        during performance of the contract unless the release or
        threatened release is caused by conduct of the contractor or
        subcontractor that is negligent or that constitutes intentional
        misconduct.
            (3) Repose.--No action (including an action for
        contribution or indemnity) to recover for damage to real or
        personal property, economic loss, personal injury, illness,
        death, or other expense or cost arising out of the performance
        under this section of a response action under a contract under
        subsection (a) may be brought against the contractor (or
        subcontractor of the contractor) under Federal, State, or local
        law after the date that is 6 years after the date of
        substantial completion of the response action.

SEC. 2. PREFERENCE AND ECONOMIC DIVERSIFICATION FOR COMMUNITIES AND
              LOCAL RESIDENTS.

    (a) Definition.--In this section, the term ``qualifying Department
of Energy site'' means a site that contains at least 1 current or
former Department of Energy defense nuclear facility for which the
Secretary of Energy is required by section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) to develop a
plan for restructuring the work force.
    (b) Preference.--In entering into a contract with a private entity
for products to be acquired or services to be performed at a qualifying
Department of Energy site, the Secretary of Energy and contractors
under the Secretary's supervision shall, to the maximum extent
practicable, give preference to an entity that is otherwise qualified
and within the competitive range (as determined under section 15.609 of
title 48, Code of Federal Regulations, or a successor regulation, as in
effect on the date of the determination) that plans to--
            (1) provide products and services originating from
        communities within 25 miles of the site;
            (2) hire residents living in the vicinity of the site,
        especially dislocated site workers, to perform the contract;
        and
            (3) invest in value-added activities in the vicinity of the
        site to mitigate adverse economic development impacts resulting
        from closure or restructuring of the site.
    (c) Applicability.--Preference shall be given under subsection (b)
only with respect to a contract for an environmental management and
restoration activity that is entered into after the date of enactment
of this Act.
    (d) Termination.--This section shall expire on September 30, 1999.

Output:
Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities.  Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility.
Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct.  Sets forth a six year statute of limitations for commencement of such actions.
Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to:  (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the site's vicinity to perform the contract (especially dislocated site workers); and (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Fraud Prevention and
Paperwork Reduction Act of 2000''.

SEC. 2. FEDERAL COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION.

    (a) Establishment.--There is hereby established the Commission on
Billing Codes and Forms Simplification (in this section referred to as
the ``Commission'').
    (b) Duties.--The Commission shall make recommendations regarding
the following:
            (1) Standardized forms.--Standardizing credentialing and
        billing forms respecting health care claims, that all Federal
        Government agencies would use and that the private sector is
        able (and is encouraged, but not required) to use.
            (2) Reduction in billing codes.--A significant reduction
        and simplification in the number of billing codes.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be
        composed of such members as the Comptroller General of the
        United States shall appoint.
            (2) Qualifications.--The membership of the Commission shall
        include individuals who are members of the medical community.
    (d) Incorporation of MedPAC Provisions.--The provisions of
paragraphs (3) through (6) of subsection (c) and subsections (d)
through (f) of section 1805 of the Social Security Act (42 U.S.C.
1395b-6) shall apply to the Commission in the same manner as they apply
to the Medicare Payment Advisory Commission.
    (e) Reports.--The Commission shall submit to Congress and the
President such periodic reports on its recommendations as it deems
appropriate.

SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE
              PROGRAM PAYMENTS.

    (a) Written Requests.--
            (1) In general.--The Secretary of Health and Human Services
        shall establish a process under which a physician may request,
        in writing from a carrier, assistance in addressing
        questionable codes and procedures under the medicare program
        under title XVIII of the Social Security Act and then the
        carrier shall respond in writing within 30 business days
        respond with the correct billing or procedural answer.
            (2) Use of written statement.--
                    (A) In general.--Subject to subparagraph (B), a
                written statement under paragraph (1) may be used as
                proof against a future audit or overpayment under the
                medicare program.
                    (B) Limit on application.--Subparagraph (A) shall
                not apply retroactively and shall not apply to cases of
                fraudulent billing.
    (b) Restoration of Toll-Free Hotline.--
            (1) In general.--The Administrator of the Health Care
        Financing Administration shall restore the toll-free telephone
        hotline so that physicians may call for information and
        questions about the medicare program.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated such sums as may be necessary to carry out
        paragraph (1).
    (c) Definitions.--For purposes of this section:
            (1) Physician.--The term ``physician'' has the meaning
        given such term in section 1861(r) of the Social Security Act
        (42 U.S.C. 1395x(r)).
            (2) Carrier.--The term ``carrier'' means a carrier (as
        defined in section 1842(f) of the Social Security Act (42
        U.S.C. 1395u(f))) with a contract under title XVIII of such Act
        to administer benefits under part B of such title.

SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE
              PROGRAM.

    (a) In General.--HCFA may not implement any new evaluation and
management guidelines (in this section referred to as ``E&M
guidelines'') under the medicare program, unless HCFA--
            (1) has provided for an assessment of the proposed
        guidelines by physicians;
            (2) has established a plan that contains specific goals,
        including a schedule, for improving participation of
        physicians;
            (3) has carried out a minimum of 4 pilot projects
        consistent with subsection (b) in at least 4 different HCFA
        regions (to be specified by the Secretary) to test such
        guidelines; and
            (4) finds that the objectives described in subsection (c)
        will be met in the implementation of such guidelines.
    (b) Pilot Projects.--
            (1) Length and consultation.--Each pilot project under this
        subsection shall--
                    (A) be of sufficient length to allow for
                preparatory physician and carrier education, analysis,
                and use and assessment of potential E&M guidelines; and
                    (B) be conducted, throughout the planning and
                operational stages of the project, in consultation with
                national and State medical societies.
            (2) Peer review and rural pilot projects.--Of the pilot
        projects conducted under this subsection--
                    (A) at least one shall focus on a peer review
                method by physicians which evaluates medical record
                information for statistical outlier services relative
                to definitions and guidelines published in the CPT
                book, instead of an approach using the review of
                randomly selected medical records using non-clinical
                personnel; and
                    (B) at least one shall be conducted for services
                furnished in a rural area.
            (3) Study of impact.--Each pilot project shall examine the
        effect of the E&M guidelines on--
                    (A) different types of physician practices, such as
                large and small groups; and
                    (B) the costs of compliance, and patient and
                physician satisfaction.
            (4) Report on how met objectives.--HCFA shall submit a
        report to the Committees on Commerce and Ways and Means of the
        House of Representatives, the Committee on Finance of the
        Senate, and the Practicing Physicians Advisory Council, six
        months after the conclusion of the pilot projects. Such report
        shall include the extent to which the pilot projects met the
        objectives specified in subsection (c).
    (c) Objectives for E&M Guidelines.--The objectives for E&M
guidelines specified in this subsection are as follows (relative to the
E&M guidelines and review policies in effect as of the date of the
enactment of this Act):
            (1) Enhancing clinically relevant documentation needed to
        accurately code and assess coding levels accurately.
            (2) Reducing administrative burdens.
            (3) Decreasing the level of non-clinically pertinent and
        burdensome documentation time and content in the record.
            (4) Increased accuracy by carrier reviewers.
            (5) Education of both physicians and reviewers.
            (6) Appropriate use of E&M codes by physicians and their
        staffs.
            (7) The extent to which the tested E&M documentation
        guidelines substantially adhere to the CPT coding rules.
    (d) Definitions.--For purposes of this section and sections 5 and
6:
            (1) Physician.--The term ``physician'' has the meaning
        given such term in section 1861(r) of the Social Security Act
        (42 U.S.C. 1395x(r)).
            (2) Carrier.--The term ``carrier'' means a carrier (as
        defined in section 1842(f) of the Social Security Act (42
        U.S.C. 1395u(f))) with a contract under title XVIII of such Act
        to administer benefits under part B of such title.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (4) HCFA.--The term ``HCFA'' means the Health Care
        Financing Administration.
            (5) Medicare program.--The term ``medicare program'' means
        the program under title XVIII of the Social Security Act.

SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM.

    (a) Individualized Notice.--If a carrier proceeds with a post-
payment audit of a physician under the medicare program, the carrier
shall provide the physician with an individualized notice of billing
problems, such as a personal visit or carrier-to-physician telephone
conversation during normal working hours, within 3 months of initiating
such audit. The notice should include suggestions to the physician on
how the billing problem may be remedied.
    (b) Repayment of Overpayments Without Penalty.--The Secretary shall
permit physicians to repay medicare overpayments within 3 months
without penalty or interest and without threat of denial of other
claims based upon extrapolation. If a physician should discover an
overpayment before a carrier notifies the physician of the error, the
physician may reimburse the medicare program without penalty and the
Secretary may not audit or target the physician on the basis of such
repayment, unless other evidence of fraudulent billing exists.
    (c) Treatment of First-Time Billing Errors.--If a physician's
medicare billing error was a first-time error and the physician has not
previously been the subject of a post-payment audit, the carrier may
not assess a fine through extrapolation of such an error to other
claims, unless the physician has submitted a fraudulent claim.
    (d) Timely Notice of Problem Claims Before Using Extrapolation.--A
carrier may seek reimbursement or penalties against a physician based
on extrapolation of a medicare claim only if the carrier has informed
the physician of potential problems with the claim within one year
after the date the claim was submitted for reimbursement.
    (e) Submission of Additional Information.--A physician may submit
additional information and documentation to dispute a carrier's charges
of overpayment without waiving the physician's right to a hearing by an
administrative law judge.
    (f) Limitation on Delay in Payment.--Following a post-payment
audit, a carrier that is conducting a pre-payment screen on a physician
service under the medicare program may not delay reimbursements for
more than one month and as soon as the physician submits a corrected
claim, the carrier shall eliminate application of such a pre-payment
screen.

SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM.

    If a physician is suspected of fraud or wrongdoing in the medicare
program, inspectors associated with the Office of Inspector General of
the Department of Health and Human Services--
            (1) may not enter the physician's private office with a gun
        or deadly weapon to make an arrest; and
            (2) may not make such an arrest without a valid warrant of
        arrest, unless the physician is fleeing or deemed dangerous.

Output:
Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program.
Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines; and (2) medicare overpayments.