Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Medicare Patient
IVIG Access Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for intravenous immune globulins (IVIG).
Sec. 4. Coverage and payment of intravenous immune globulin in the
                            home.
Sec. 5. Collection of data and review of complexity codes for physician
                            administration of IVIG.
Sec. 6. Reports.
Sec. 7. Offset.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) The 2001 report of the Medicare Payment Advisory
        Commission to Congress states that ``to help ensure
        beneficiaries' access to high-quality care, Medicare payments
        should correspond to the cost efficient providers incur in
        furnishing this care''. Payments that do not meet this
        objective may create barriers to access.
            (2) Intravenous immune globulin (IVIG) is a human blood
        plasma derived product, which over the past 25 years has become
        an invaluable therapy for many chronic conditions and
        illnesses, including primary immunodeficiency diseases,
        autoimmune, and neurological disorders. For many of these
        disorders, IVIG is the most effective and viable treatment
        available, and has dramatically improved the quality of life
        for persons with these conditions and has become a life-saving
        therapy for many.
            (3) The Food and Drug Administration (FDA) recognizes each
        IVIG brand as a unique biologic. The differences in basic
        fractionation and the addition of various modifications for
        further purification, stabilization, and virus inactivation/
        removal yield clearly different biological products. As a
        result, IVIG therapies are not interchangeable, with patient
        tolerance differing from one IVIG brand to another.
            (4) The report of the Office of the Assistant Secretary for
        Planning and Evaluation (ASPE), Department of Health and Human
        Services (DHHS), ``Analysis of Supply, Distribution, Demand,
        and Access Issues Associated with Immune Globulin Intravenous
        (IGIV)'', issued in May 2007, found that IVIG manufacturing is
        complex and requires substantial upfront cash outlay and
        planning and takes between 7 and 12 months from plasma
        collection at donor centers to FDA lot release.
            (5) The Medicare Prescription Drug, Improvement, and
        Modernization Act of 2003 changed Medicare's reimbursement
        methodology for IVIG from average wholesale price (AWP) to
        average sales price plus 6 percent (ASP+6), effective January
        1, 2005, for physicians, and January 1, 2006, for hospital
        outpatient departments, thereby reducing reimbursement rates
        paid to these providers of IVIG on behalf of Medicare
        beneficiaries.
            (6) An Office of the Inspector General (OIG) April 2007
        report, Intravenous Immune Globulin: Medicare Payment and
        Availability, found that Medicare reimbursement for IVIG was
        inadequate to cover the cost many providers must pay for the
        product. During the third quarter of 2006, 44 percent of IVIG
        sales to hospitals and 41 percent of sales to physicians by the
        three largest distributors occurred at prices above Medicare
        payment amounts.
            (7) The ASPE report notes that after the new reimbursement
        rules for physicians were instituted in 2005, 42 percent of
        Medicare beneficiaries who had received their IVIG treatment in
        their physician's office at the end of 2004 were shifted to the
        hospital outpatient setting by the beginning of 2006. This
        shift in site of care has resulted in lack of continuity of
        care and adverse impact on health outcomes and quality of life.
            (8) The OIG also reported that 61 percent of responding
        physicians indicated that they had sent patients to hospitals
        for IVIG treatment, largely because of their inability to
        purchase IVIG at prices below the Medicare payment amounts. In
        addition, OIG found that some physicians had stopped providing
        IVIG to Medicare beneficiaries altogether.
            (9) The OIG's 2007 report concluded that whatever
        improvement some providers saw in the relationship of Medicare
        reimbursement for IVIG to prices paid during the first three
        quarters of 2006 would be eroded if manufacturers were to
        increase prices for IVIG in the future.
            (10) The Centers for Medicare & Medicaid Services, in
        recognition of dislocations experienced by patients and
        providers in obtaining IVIG since the change to the ASP+6
        reimbursement methodology, has provided during 2006 and 2007 a
        temporary additional payment for IVIG preadministration-related
        services to compensate physicians and hospital outpatient
        departments for the extra resources they have had to expend in
        locating and obtaining appropriate IVIG products and in
        scheduling patient infusions.
            (11) The Medicare Modernization Act of 2003 (MMA)
        established an IVIG home infusion benefit for persons with
        primary immunodeficiency disease (PIDD), paying only for IVIG
        and specifically excluding coverage of items and services
        related to administration of the product.
            (12) The ASPE report, Analysis of Supply, Distribution,
        Demand, and Access Issues Associated with Immune Globulin
        Intravenous (IGIV), found that Medicare's IVIG home infusion
        benefit is not designed to reimburse for more than the cost of
        IVIG and does not cover the cost of infusion services (for
        example, nursing and clinical services and supplies) in the
        home. As a consequence, the report found that home infusion
        providers generally do not accept new PIDD patients with only
        Medicare coverage. These limitations in service are caused by
        health care providers--
                    (A) not being able to acquire IVIG at prices at or
                below the Medicare part B reimbursement level; and
                    (B) not being reimbursed for the infusion services
                provided by a nurse.
            (13) Physicians administering IVIG to Medicare
        beneficiaries are reimbursed at the same low complexity level
        as the administration of antibiotics. However the
        administration of IVIG requires special preparation and
        handling, involves significant patient risk, and prolonged
        nursing time to monitor the patient during infusion.

SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS (IVIG).

    (a) In General.--Section 1842(o) of the Social Security Act (42
U.S.C. 1395u(o)) is amended--
            (1) in paragraph (1)(E)(ii), by inserting before the period
        the following: ``, plus an additional amount (if applicable)
        under paragraph (7)'';
            (2) in paragraph (7), by striking ``(6)'' and inserting
        ``(7)'' and by redesignating it as paragraph (8); and
            (3) by inserting after paragraph (6) the following new
        paragraph:
            ``(7)(A) Not later than 6 months after the date of the
        enactment of the Medicare Patient IVIG Access Act of 2009, the
        Secretary shall--
                    ``(i) collect data on the differences, if any,
                between payments to physicians for immune globulins
                under paragraph (1)(E)(ii) and costs incurred by
                physicians for furnishing these products; and
                    ``(ii) review available data, including survey data
                presented by members of the IVIG community and pricing
                data collected by the Federal Government, on the access
                of individuals eligible for services under this part to
                immune globulins.
            ``(B) Upon completion of the review and collection of data
        under subparagraph (A), and not later than 7 months after the
        date of the enactment of this paragraph, the Secretary shall
        provide, if appropriate, to physicians furnishing immune
        globulins, a payment, in addition to the payment provided for
        in paragraph (1)(E)(ii), for all items related to the
        furnishing of immune globulins, in an amount that the Secretary
        determines to be appropriate. Such payment shall continue for a
        period of 2 years beginning on the date such additional payment
        is first provided under this subparagraph.''.
    (b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
            (1) in subparagraph (A)(iii), in the matter preceding
        subclause (I), by striking ``subparagraph (E)'' and inserting
        ``subparagraphs (E) and (I)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(I) Additional payment for immune globulins.--
                            ``(i) Data collection and review.--Not
                        later than 6 months after the date of the
                        enactment of the Medicare Patient IVIG Access
                        Act of 2009, the Secretary shall--
                                    ``(I) review available data,
                                including survey data presented by
                                members of the IVIG community and
                                pricing data collected by the Federal
                                Government, on the access of
                                individuals eligible for services under
                                this part to immune globulins; and
                                    ``(II) collect data on the
                                differences, if any, between payments
                                for immune globulins under subparagraph
                                (A)(iii) and costs incurred for
                                furnishing these products.
                            ``(ii) Additional payment authority.--Upon
                        completion of the review and collection of data
                        under clause (i), and not later than 7 months
                        after the date of the enactment of this
                        subparagraph, the Secretary shall provide, if
                        appropriate, to hospitals furnishing immune
                        globulins as part of a covered OPD service, a
                        payment, in addition to the payment provided
                        for under subparagraph (A)(iii), for all items
                        related to the furnishing of immune globulins,
                        in an amount that the Secretary determines to
                        be appropriate. Such payment shall continue for
                        a period of 2 years beginning on the date such
                        additional payment is first provided under this
                        clause.''.

SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
              HOME.

    (a) Including Coverage of Administration.--Section 1861 of the
Social Security Act (42 U.S.C. 1395x) is amended--
            (1) in subsection (s)(2)(Z), by inserting ``and items and
        services related to the administration of intravenous immune
        globulin'' after ``globulin''; and
            (2) in subsection (zz), by striking ``but not including
        items or services related to the administration of the
        derivative,''.
    (b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1842(o) of such Act (42 U.S.C. 1395u(o)), as amended by
section 3(a), is amended--
            (1) in paragraph (1)(E)(ii), by striking ``paragraph (7)''
        and inserting ``paragraph (7) or (8)'';
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following new
        paragraph:
            ``(8)(A) Subject to subparagraph (B), in the case of
        intravenous immune globulins described in section 1861(s)(2)(Z)
        that are furnished on or after January 1, 2010, the Secretary
        shall provide for a separate payment for items and services
        related to the administration of such intravenous immune
        globulins in an amount that the Secretary determines to be
        appropriate based on a review of available published and
        unpublished data and information, including the Study of
        Intravenous Immune Globulin Administration Options: Safety,
        Access, and Cost Issues conducted by the Secretary (CMS
        Contract #500-95-0059). Such payment amount may take into
        account the following:
                    ``(i) Pharmacy overhead and related expenses.
                    ``(ii) Patient service costs.
                    ``(iii) Supply costs.
            ``(B) The separate payment amount provided under this
        paragraph for intravenous immune globulins furnished in 2010 or
        a subsequent year shall be equal to the separate payment amount
        determined under this paragraph for the previous year increased
        by the percentage increase in the medical care component of the
        consumer price index for all urban consumers (United States
        city average) for the 12-month period ending with June of the
        previous year.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to intravenous immune globulin administered on or after
January 1, 2010.

SEC. 5. COLLECTION OF DATA AND REVIEW OF COMPLEXITY CODES FOR PHYSICIAN
              ADMINISTRATION OF IVIG.

    (a) Data Collection.--The Secretary of Health and Human Services
may enter into a contract for the collection of data, by not later than
6 months after the date of the enactment of this Act, on the practice
of IVIG infusion, including collection of data on the complexity of
such infusions.
    (b) Data Review.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall review data collected under
such contract as well as data submitted by members of the medical
community related to the current infusion payment codes under part B of
title XVIII of the Social Security Act.
    (c) Modification of Codes.--Upon completion of any data collection
under subsection (a) and the review under subsection (b) and not later
than 7 months after the date of the enactment of this Act, the
Secretary shall--
            (1) provide notice to the appropriate Medicare
        administrative contractors regarding which existing infusion
        codes shall be used for purposes of IVIG reimbursement under
        part B of title XVIII of the Social Security Act; or
            (2) submit to Congress and the RBRUS Committee (RUC) a
        report on why an additional infusion payment code is necessary.

SEC. 6. REPORTS.

    (a) Report by the Secretary.--Not later than 7 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall submit a report to Congress on the following:
            (1) The results of the data collection and review conducted
        by the Secretary under subparagraph (A) of section 1842(o)(7)
        of the Social Security Act, as added by section 3(a), and
        clause (i) of section 1833(t)(14)(I) of such Act, as added by
        section 3(b).
            (2) Whether the Secretary plans to use the authority under
        subparagraph (C) of such section 1842(o)(7) and clause (iii) of
        such section 1833(t)(14)(I) of such Act to provide an
        additional payment to physicians furnishing intravenous immune
        globulins and, if the Secretary does not plan to use such
        authority, the reasons why the payment is appropriate without
        such an additional payment based on the data collected and
        reviewed.
    (b) MedPAC Report.--Not later than 2 years after the date of the
enactment of this Act, the Medicare Payment Advisory Commission shall
submit a report to the Secretary and to Congress that contains the
following:
            (1) In the case where the Secretary has used the authority
        under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the
        Social Security Act, as added by subsections (a) and (b),
        respectively, of section 3 to provide an additional payment to
        physicians furnishing intravenous immune globulins during the
        preceding year, an analysis of whether beneficiary access to
        intravenous immune globulins under the Medicare program under
        title XVIII of the Social Security Act has improved as a result
        of the Secretary's use of such authority.
            (2) An analysis of the appropriateness of implementing a
        new methodology for payment for intravenous immune globulins
        under part B of title XVIII of the Social Security Act (42
        U.S.C. 1395k et seq.).
            (3) An analysis of the feasibility of reducing the lag time
        with respect to data used to determine the average sales price
        under section 1847A of the Social Security Act (42 U.S.C.
        1395w-3a).
            (4) Recommendations for such legislation and administrative
        action as the Medicare Payment Advisory Commission determines
        appropriate.

SEC. 7. OFFSET.

    Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is
amended by adding at the end the following: ``Such term includes
disposable drug delivery systems, including elastomeric infusion pumps,
for the treatment of colorectal cancer.''.

Output:
Medicare Patient IVIG Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to collect data on the differences, if any, between: (1) payments to physicians for immune globulins using average sales price payment methodology; and (2) costs incurred by physicians for furnishing these products. Requires the Secretary also to review data on the access of eligible individuals to immune globulins.

Requires the Secretary, after completion of the review, to provide, if appropriate, an additional payment to such physicians for all items related to the furnishing of immune globulins as part of hospital outpatient services.

Provides for Medicare coverage of and payment for intravenous immune globulin (IVIG) administered in the home.

Allows the Secretary to contract for the collection of data on the practice of IVIG infusion.

Directs the Secretary to review data collected under such a contract as well as data submitted by members of the medical community related to the current infusion payment codes under part B (Supplementary Medical Insurance) of SSA title XVIII.

Requires the Secretary, upon completion of any data collection and review, to: (1) notify the appropriate Medicare administrative contractors regarding which existing infusion codes shall be used for purposes of part B IVIG reimbursement; or (2) report to Congress and the RBRUS Committee (RUC) on why an additional infusion payment code is necessary.

Extends the meaning of durable medical equipment to include disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer.


Input:
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Securely Expediting Clearances
Through Reporting Transparency Act of 2018'' or the ``SECRET Act of
2018''.
SEC. 2. DEFINITIONS.
    In this Act--
        (1) the term ``Bureau'' means the National Background
    Investigations Bureau of the Office;
        (2) the term ``Director'' means the Director of National
    Intelligence acting as the Security Executive Agent; and
        (3) the term ``Office'' means the Office of Personnel
    Management acting as the Suitability and Credentialing Executive
    Agent.
SEC. 3. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
INVESTIGATIONS.
    Not later than 90 days after the date of enactment of this Act, and
quarterly thereafter for 5 years, the Director of the Bureau, in
coordination with the Director, shall submit to Congress a report on
the backlog of personnel security clearance investigations at the
Bureau for the most recent full calendar quarter, which shall include--
        (1) the size of the backlog of personnel security clearance
    investigations of the Bureau, including, for each sensitivity
    level--
            (A) the number of interim clearances granted;
            (B) the number of initial investigations for Federal
        employees;
            (C) the number of periodic reinvestigations for Federal
        employees;
            (D) the number of initial investigations for employees of
        Federal contractors;
            (E) the number of periodic reinvestigations for employees
        of Federal contractors;
            (F) the number of initial investigations for employees of,
        and employees of contractors of, the Department of Defense;
            (G) the number of periodic reinvestigations for employees
        of and employees of contractors of the Department of Defense;
            (H) the number of employees of the Bureau conducting
        background investigations for the Bureau; and
            (I) the number of employees of contractors of the Bureau
        conducting background investigations for the Bureau;
        (2) the average length of time, for each sensitivity level, for
    the Bureau to carry out an initial investigation and a periodic
    reinvestigation;
        (3) a discussion of the factors contributing to the average
    length of time to carry out an initial investigation and a periodic
    reinvestigation;
        (4) a backlog mitigation plan, which shall include--
            (A) the identification of the cause of, and recommendations
        to remedy, the backlog at the Bureau;
            (B) the steps the Director of the Bureau shall take to
        reduce the backlog;
            (C) process reforms to improve efficiencies in, and the
        quality of, background investigations by the Bureau; and
            (D) a projection of when the backlog at the Bureau will be
        sufficiently reduced to meet required timeliness standards; and
        (5) a description of improvements in the information and data
    security of the Bureau.
SEC. 4. REPORT ON SECURITY CLEARANCE INVESTIGATIONS OF PERSONNEL OF THE
EXECUTIVE OFFICE OF THE PRESIDENT.
    Not later than 90 days after the date of enactment of this Act, the
Director of the Office of Administration of the Executive Office of the
President, in coordination with the Director and the Director of the
Office, shall submit to Congress a report that explains the process for
conducting and adjudicating security clearance investigations for
personnel of the Executive Office of the President, including personnel
of the White House Office.
SEC. 5. REPORT ON COSTS ASSOCIATED WITH BIFURCATED BACKGROUND
INVESTIGATION SYSTEMS.
    Not later than 120 days after the date of enactment of this Act,
the Director of the Office, in consultation with the other members of
the Suitability and Security Clearance Performance Accountability
Council established under Executive Order 13467 (73 Fed. Reg. 38103)
and the Under Secretary of Defense for Intelligence, shall submit to
Congress a report on the cost of maintaining comprehensive background
investigations capability within the Office under the control or
direction of the Bureau and a background investigations capability for
Department of Defense personnel under the control or direction of the
Department of Defense for implementation of the plan referenced in
section 925 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91), as compared to the cost of sustaining a
single Government-wide background investigations enterprise.
SEC. 6. REPORTS ON CONTINUOUS EVALUATION, RECIPROCITY, AND TIMELINESS
MEASURES.
    Not later than 120 days after the date of enactment of this Act,
the Director shall submit to Congress reports that provide--
        (1) the status of implementing continuous evaluation
    Government-wide, including--
            (A) the number of agencies with continuous evaluation
        programs and how many of those programs are currently
        conducting automated records checks of the required data
        sources as identified by the Director; and
            (B) a discussion of the barriers for agencies to implement
        continuous evaluation programs, including any requirement under
        a statute, regulation, Executive Order, or other administrative
        requirement;
        (2) a detailed explanation of efforts by agencies to meet
    requirements for reciprocal recognition to access classified
    information, including--
            (A) the range of the length of time for agencies to grant
        reciprocal recognition to access classified information;
            (B) additional requirements for reinvestigations or
        readjudications, by agency; and
            (C) any other barriers to the timely granting of
        reciprocity, by agency, including any requirement under a
        statute, regulation, Executive Order, or other administrative
        requirement; and
        (3) a review of whether the schedule for processing security
    clearances under section 3001 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (50 U.S.C. 3341) should be
    modified.
SEC. 7. REVIEW AND UPDATE OF POSITION DESIGNATION GUIDANCE.
    (a) Definitions.--In this section--
        (1) the term ``agency'' has the meaning given the term in
    Executive Order 13467 (73 Fed. Reg. 38103), or any successor
    thereto;
        (2) the term ``appropriate congressional committees'' means--
            (A) the Committee on Homeland Security and Governmental
        Affairs and the Select Committee on Intelligence of the Senate;
        and
            (B) the Committee on Oversight and Government Reform and
        the Permanent Select Committee on Intelligence of the House of
        Representatives;
        (3) the term ``background investigation'' means any
    investigation required for the purpose of determining the--
            (A) eligibility of a covered individual for logical and
        physical access to Federally controlled facilities or
        information systems;
            (B) suitability or fitness of a covered individual for
        Federal employment;
            (C) eligibility of a covered individual for access to
        classified information or to hold a national security sensitive
        position; or
            (D) fitness of a covered individual to perform work for or
        on behalf of the United States Government as a contractor
        employee; and
        (4) the term ``covered individual''--
            (A) means a person who performs work for or on behalf of
        the executive branch or seeks to perform work for or on behalf
        of the executive branch;
            (B) is not limited to Federal employees;
            (C) includes all persons, not excluded under subparagraph
        (D), who require eligibility for access to classified
        information or eligibility to hold a sensitive position,
        including, but not limited to, contractors, subcontractors,
        licensees, certificate holders, grantees, experts, consultants,
        and government employees; and
            (D) does not include--
                (i) the President;
                (ii) employees of the President under section 105 or
            107 of title 3, United States Code (except to the extent
            otherwise directed by the President);
                (iii) the Vice President; or
                (iv) employees of the Vice President under section 106
            of title 3, United States Code, or an annual legislative
            branch appropriations Act (except to the extent otherwise
            directed by the Vice President).
    (b) Review and Updating.--
        (1) Initial review and update of guidance.--Not later than 180
    days after the date of enactment of this Act, the Director and the
    Director of the Office shall review and make recommendations to
    Congress and the President as appropriate to issue guidance to
    assist agencies in determining--
            (A) position sensitivity designation; and
            (B) the appropriate background investigation to initiate
        for each position designation.
        (2) Reviews and revisions of position designations.--Not less
    frequently than every 4 years, the President, acting through
    relevant agencies (as determined by the President) and in
    accordance with the guidance described in paragraph (1), shall
    review and, if necessary, revise the position designation of
    positions within agencies.
    (c) Reports to Congress.--Not later than 30 days after completing a
review under subsection (b)(2), the President shall submit to the
appropriate congressional committees a report on--
        (1) any issues identified in the review; and
        (2) the number of position designations revised as a result of
    the review.
    (d) No Change in Authority.--Nothing in this section limits or
expands the authority of any agency to designate a position as
sensitive or as requiring its occupant to have access to classified
information.

                               Speaker of the House of Representatives.

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

Output: Securely Expediting Clearances Through Reporting Transparency Act of 2018 or the SECRET Act of 2018 (Sec. 3) This bill requires the National Background Investigations Bureau (NBIB) within the Office of Personnel Management (OPM) to report on its backlog of security clearance investigations. The report must include a backlog mitigation plan identifying the cause of, and making recommendations to remedy, the backlog. (Sec. 4) The Executive Office of the President must report on the process for conducting and adjudicating security clearance investigations for the President's staff. (Sec. 5) The OPM must report on the costs of maintaining comprehensive background investigations capability within both the NBIB and the Department of Defense, compared to the costs of sustaining a single government-wide background investigations enterprise.  (Sec. 6) The Office of the Director of National Intelligence (ODNI) must report on: (1) the status of implementing government-wide continuous evaluation programs, (2) efforts by federal agencies to meet requirements for reciprocal recognition to access classified information, and (3) whether the schedule for processing security clearances should be modified. (Sec. 7) The ODNI and the OPM must review and make recommendations to Congress and the President, as appropriate, to issue guidance to assist agencies in determining: (1) position sensitivity designation, and (2) the appropriate background investigation to initiate for each position designation. The President must report on any issues identified in, and the number of position designations revised as a result of, the review.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidential Library Donation Reform
Act of 2016''.

SEC. 2. PRESIDENTIAL LIBRARIES.

    (a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following new subsection:
    ``(h) Presidential Library Fundraising Organization Reporting
Requirement.--
            ``(1) Reporting requirement.--Not later than 15 days after
        the end of a calendar quarter and until the end of the
        requirement period described in paragraph (2), each
        Presidential library fundraising organization shall submit to
        the Archivist information for that quarter in an electronic
        searchable and sortable format with respect to every
        contributor who gave the organization a contribution or
        contributions (whether monetary or in-kind) totaling $200 or
        more for the quarterly period.
            ``(2) Duration of reporting requirement.--The requirement
        to submit information under paragraph (1) shall continue until
        the later of the following occurs:
                    ``(A) The Archivist has accepted, taken title to,
                or entered into an agreement to use any land or
                facility for the Presidential archival depository for
                the President for whom the Presidential library
                fundraising organization was established.
                    ``(B) The President whose archives are contained in
                the deposit no longer holds the Office of President.
            ``(3) Information required to be published.--The Archivist
        shall publish on the website of the National Archives and
        Records Administration, within 30 days after each quarterly
        filing, any information that is submitted under paragraph (1),
        without a fee or other access charge in a downloadable
        database.
            ``(4) Submission of false material information
        prohibited.--
                    ``(A) Individual.--
                            ``(i) Prohibition.--It shall be unlawful
                        for any person who makes a contribution
                        described in paragraph (1) to knowingly and
                        willfully submit false material information or
                        omit material information with respect to the
                        contribution to an organization described in
                        such paragraph.
                            ``(ii) Penalty.--The penalties described in
                        section 1001 of title 18, United States Code,
                        shall apply with respect to a violation of
                        clause (i) in the same manner as a violation
                        described in such section.
                    ``(B) Organization.--
                            ``(i) Prohibition.--It shall be unlawful
                        for any Presidential library fundraising
                        organization to knowingly and willfully submit
                        false material information or omit material
                        information under paragraph (1).
                            ``(ii) Penalty.--The penalties described in
                        section 1001 of title 18, United States Code,
                        shall apply with respect to a violation of
                        clause (i) in the same manner as a violation
                        described in such section.
            ``(5) Prohibition on contribution.--
                    ``(A) In general.--It shall be unlawful for a
                person to knowingly and willfully--
                            ``(i) make a contribution described in
                        paragraph (1) in the name of another person;
                            ``(ii) permit his or her name to be used to
                        effect a contribution described in paragraph
                        (1); or
                            ``(iii) accept a contribution described in
                        paragraph (1) that is made by one person in the
                        name of another person.
                    ``(B) Penalty.--The penalties set forth in section
                309(d) of the Federal Election Campaign Act of 1971 (2
                U.S.C. 437g(d)) shall apply to a violation of
                subparagraph (A) in the same manner as if such
                violation were a violation of section 316(b)(3) of such
                Act (2 U.S.C. 441b(b)(3)).
            ``(6) Regulations required.--The Archivist shall promulgate
        regulations for the purpose of carrying out this subsection.
            ``(7) Definitions.--In this subsection:
                    ``(A) Information.--The term `information' means
                the following:
                            ``(i) The amount or value of each
                        contribution made by a contributor referred to
                        in paragraph (1) in the quarter covered by the
                        submission.
                            ``(ii) The source of each such
                        contribution, and the address of the entity or
                        individual that is the source of the
                        contribution.
                            ``(iii) If the source of such a
                        contribution is an individual, the occupation
                        of the individual.
                            ``(iv) The date of each such contribution.
                    ``(B) Presidential library fundraising
                organization.--The term `Presidential library
                fundraising organization' means an organization that is
                established for the purpose of raising funds for
                creating, maintaining, expanding, or conducting
                activities at--
                            ``(i) a Presidential archival depository;
                        or
                            ``(ii) any facilities relating to a
                        Presidential archival depository.''.
    (b) Applicability.--Section 2112(h) of title 44, United States Code
(as added by subsection (a))--
            (1) shall apply to an organization established for the
        purpose of raising funds for creating, maintaining, expanding,
        or conducting activities at a Presidential archival depository
        or any facilities relating to a Presidential archival
        depository before, on, or after the date of the enactment of
        this Act; and
            (2) shall only apply with respect to contributions (whether
        monetary or in-kind) made after the date of the enactment of
        this Act.

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.

            Passed the House of Representatives January 11, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Presidential Library Donation Reform Act of 2016  (Sec. 2) This bill requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period.   The Archivist of the United States shall publish such information on the website of the National Archives within 30 days after each quarterly filing.   It shall be unlawful for contributors or fundraising organizations knowingly and willfully to submit false information or omit material information. Prescribes criminal penalties for violation of this prohibition. (Sec. 3) No additional funds are authorized to carry out this Act's requirements. Such requirements shall be carried out using amounts otherwise authorized.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Swan Creek Black River Confederated
Ojibwa Tribes of Michigan Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Tribe'' means the Swan Creek and Black River
        Confederated Ojibwa Tribes of Michigan;
            (2) the term ``member'' means an individual who is eligible
        for enrollment in the Tribe pursuant to section 4; and
            (3) the term ``Secretary'' means the Secretary of the
        Interior.

SEC. 3. FINDINGS.

    The Congress finds the following:
            (1) The Tribe is the descendant of, and political successor
        to, the signatories of the 1785 Treaty of McIntosh (7 Stat.
        16); the 1789 Treaty of Fort Harmar (7 Stat. 28); the 1795
        Treaty of Greenville (7 Stat. 49); the 1805 Treaty with the
        Wyandot (7 Stat. 87); the 1807 Treaty of Detroit (7 Stat. 105);
        the 1808 Treaty of Detroit (7 Stat. 112); the Treaty of 1815 (7
        Stat. 131); the Treaty of 1816 (7 Stat. 146); the Treaty of
        1817 (7 Stat. 160); the Treaty of 1833 (7 Stat. 431); the 1836
        Treaty of Washington (7 Stat. 503); the 1855 Treaty of Detroit
        (11 Stat. 633); and the Treaty of 1864 (14 Stat. 657).
            (2) The aboriginal lands of the Tribe comprise the area
        which is now known as Monroe, Shiawassee, Lenawee, Wayne,
        Oakland, Macomb, St. Clair, Lapeer, Sanilac, Livingston,
        Washtenaw, Genesee, and Tuscola Counties in southeastern lower
        Michigan. The boundaries of the Tribe's aboriginal lands extend
        from Monroe County in the Southeast, to Sanilac County in the
        North, to Genesee County in the West.
            (3) The cession treaties, from the 1807 Treaty of Detroit
        through the 1836 Treaty of Washington, legitimated seizure of
        tribal lands by settlers, forced the Tribe to relinquish most
        of its rich aboriginal lands in southeastern Michigan,
        relegating the Tribe to small tracts of land in Macomb, Wayne,
        Washtenaw, and St. Clair counties in Michigan, and its members
        to small annuity payments by the United States.
            (4) The 1836 Treaty of Washington compelled the Tribe to
        relinquish the small tracts of land granted in the 1807 Treaty
        of Detroit, purportedly in exchange for future annuity payments
        and an equivalent amount of land in Kansas. The 1807 treaty did
        not require the Tribe to relocate to the lands in Kansas and
        only 51 members actually did so. According to the 1845 United
        States Richmond census documents, the majority of the Tribe
        migrated north to Lapeer County, Michigan or remained in the
        counties of Macomb, Wayne, Washtenaw, and St. Clair.
            (5) Pursuant to the 1855 Treaty of Detroit, members of the
        Tribe were requested to relocate from their homes in Lapeer,
        Macomb, Wayne, Washtenaw, and St. Clair counties in Michigan to
        non-aboriginal lands further north in Isabella County,
        Michigan, where tribal members were entitled to individual land
        allotments. Many members remained in Lapeer, Macomb, Wayne,
        Washtenaw, and St. Clair counties. For the administrative
        convenience of the Federal Government, the 1855 Treaty of
        Detroit also relocated the Saginaw Band of Chippewa Indians,
        including some Potowatomis and Ottawas to the newly-established
        reservation lands in Isabella County. Article 6 of that treaty
        also provided that the organization of the Tribe and of the
        Saginaw Band of Chippewa Indians was dissolved, ``except so far
        as may be necessary for the purpose of carrying into effect''
        the provisions of the treaty.
            (6) Another 1855 Treaty of Detroit (11 Stat. 624) similarly
        grouped different bands of Ottawa and Chippewa Indians for
        administrative convenience. Article 5 of that treaty provided
        for dissolution of the organization of these bands except so
        far as may be necessary for the purpose of carrying into effect
the provisions of that treaty. Subsequent judicial interpretation of
that article determined that its intent was to dissolve the Federal
Government's fictional coupling of these tribes, not to destroy their
independent sovereign existence. Public Law 103-324 confirmed this
interpretation by reaffirming the Federal recognition of the Little
River Band of Ottawa Indians as a tribe separate and distinct from the
Chippewa Indians.
            (7) The Treaty of 1864 confirmed continued Federal
        acknowledgement of the Tribe by specifically naming the Swan
        Creek and Black River Chippewas in that treaty's preamble.
            (8) Over time and without justification, the Federal
        Government unilaterally withdrew from the Federal relationship
        established with the Tribe through the aforementioned treaties.
        The Tribe brought suit against the Federal Government for
        amounts past due under the treaties. In 1910 and 1924, the
        Congress enacted jurisdictional acts (36 Stat. 829 and 43 Stat.
        137, respectively) to enable the Tribe and the Saginaw Band of
        Chippewa to file their respective claims against the United
        States. These claims, filed in 1927, were later incorporated
        into Indian Claims Commission Dockets 57, 59, and 13-E, and
        United Claims Court Docket 13-F.
            (9) Beginning in 1935, the Tribe petitioned for
        reorganization and assistance pursuant to the Act of June 18,
        1934 (25 U.S.C. 461 et seq., commonly referred to as the
        ``Indian Reorganization Act''). Due to misinterpretation of
        Article 6 of the 1855 Treaty of Detroit, the Commissioner of
        Indian Affairs concluded that the Tribe could not organize
        separately from the Saginaw Band of Chippewa Indians. Due to
        the lack of funding available for tribal land acquisition, the
        Swan Creek Black River Ojibwa Bands were unable to purchase
        their own reservation lands.
            (10) In 1939, agents of the Federal Government made an
        administrative decision not to provide services or extend the
        benefits of the Indian Reorganization Act to any additional
        Indian tribes located in Michigan's lower peninsula, as
        recognized by the 1807 Treaty of Detroit (7 Stat. 105), the
        1819 Treaty of Saginaw (7 Stat. 203), the March 28, 1836 Treaty
        of Washington (7 Stat. 491), and the May 9, 1836 Treaty of
        Washington (7 Stat. 503).
            (11) In 1986, Congress enacted Public Law 99-346 (100 Stat.
        674) to distribute judgment funds awarded in settlement of the
        claims brought by the Tribe and the Saginaw Band in Dockets 57,
        59, 13-E, and 13-F in a nondiscriminatory manner to the
        claimants and their descendants. This Act, like the
        jurisdictional Acts of 1910 and 1924, contained no clear and
        unambiguous intent to terminate the Federal relationship with
        the Tribe. To the contrary, these Acts acknowledged that the
        Tribe possessed collective sovereign rights in tribal lands and
        funds, a primary criterion for Federal recognition.
            (12) Despite administrative denials of requests by the
        Tribe to organize its own federally recognized tribal
        government, the Tribe continued to carry out its governmental
        functions through various formal and informal political and
        social structures, including a Tribal Council. Between 1937 and
        1991, the Tribe conducted many of its government functions
        through associations organized by Swan Creek members, including
        the Saginaw Rural and Urban Indian Association. In 1991, the
        Tribe chartered a State-sanctioned, non-profit tribal
        government and agreed to seek Federal recognition of its
        confederation of Swan Creek and Black River Ojibwa Bands as a
        distinct tribe.
            (13) Other tribes in Michigan, whose members are
        descendants of the signatories to one or more of the treaties
        listed in paragraph (1) have been recognized by the Federal
        Government as distinct Indian tribes, including the Pokagon
        Band of Potawatomi Indians, the Huron Potawatomi Band of
        Indians, the Grand Traverse Band of Ottawa and Chippewa
        Indians, the Sault St. Marie Tribe of Chippewa Indians, the Bay
        Mills Band of Chippewa Indians, the Saginaw Chippewa Tribe of
        Michigan, and the Little Traverse Bay Bands of Odawa Indians.
            (14) The Tribe has at least 300 eligible members who
        continue to reside close to what was recognized in the 1807
        Treaty of Detroit as their ancestral homelands in southeastern
        lower Michigan.
            (15) The United States Government, the government of the
        State of Michigan, and local governments have had continuous
        dealings with the recognized political leaders of the Tribe
        since 1785.
            (16) In light of the treaty relations between the Tribe and
        the United States, the Tribe's recognition as a tribe in Acts
        of Congress, and Federal recognition of the Tribe's rights in
        tribal lands and funds, it is appropriate for Congress to
        reaffirm and clarify the Federal relationship of the Tribe in
        the same manner as Congress has reaffirmed Federal recognition
        of the Lac Vieux Desert Band of Lake Superior Chippewa Indians,
the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands
of Odawa Indians, and the Little River Band of Ottawa Indians.

SEC. 4. FEDERAL RECOGNITION.

    (a) Federal Recognition.--Federal recognition of the Swan Creek
Black River Confederated Ojibwa Tribes of Michigan Indians is hereby
affirmed. All laws and regulations of the United States of general
application to Indians or nations, tribes, or bands of Indians,
including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly
referred to as the ``Indian Reorganization Act''), which are not
inconsistent with any specific provision of this Act shall be
applicable to the Tribe and its members.
    (b) Federal Services and Benefits.--
            (1) In general.--The Tribe and its members shall be
        eligible, on and after the date of the enactment of this Act,
        for all future services and benefits furnished to federally
        recognized Indian tribes without regard to the existence of a
        reservation for the Tribe or the location of the residence of
        any member on or near any Indian reservation.
            (2) Service area.--For purposes of the delivery of Federal
        services to enrolled members of the Tribe, the Tribe's service
        area shall be deemed to be the area comprised of Monroe,
        Shiawassee, Lenawee, Wayne, Oakland, Macomb, St. Clair, Lapeer,
        Sanilac, Washtenaw, Genesee, and Tuscola Counties in
        southeastern lower Michigan. Such services shall be provided
        notwithstanding the establishment of a reservation for the
        Tribe after the date of enactment of this Act. Services may be
        provided to members outside the named service area unless
        prohibited by law or regulation.

SEC. 5. REAFFIRMATION OF RIGHTS.

    (a) In General.--All rights and privileges of the Tribe, and the
members thereof, which may have been abrogated or diminished before the
date of enactment of this Act are hereby reaffirmed.
    (b) Existing Rights of Tribe.--Nothing in this Act shall be
construed to diminish any right or privilege of the Tribe, or the
members thereof, that existed prior to the date of enactment of this
Act. Except as otherwise specifically provided in any other provision
of this Act, nothing in this Act shall be construed as altering or
affecting any legal or equitable claim the Tribe might have to enforce
any right or privilege reserved by or granted to the Tribe which was
wrongfully denied to or taken from the Tribe prior to the enactment of
this Act.

SEC. 6. TRIBAL LANDS.

    The Tribe's tribal lands shall consist of all real property, now or
hereafter held by, or in trust for, the Tribe. The Secretary shall
acquire real property for the benefit of the Tribe. Any such property
shall be taken by the Secretary in the name of the United States in
trust for the benefit of the Tribe and shall become part of the Tribe's
reservation. All lands restored to the Tribe pursuant to this section,
whether now or hereafter held, shall be within those lands previously
ceded by the Tribe in the 1807 Treaty of Detroit (7 Stat. 105).

SEC. 7. MEMBERSHIP.

    Not later than 18 months after the date of the enactment of this
Act, the Tribe shall submit to the Secretary membership rolls
consisting of all individuals eligible for membership in the Tribe. The
qualifications for inclusion on the membership rolls of the Tribe shall
be determined by the membership clause in the governing documents of
the Tribe in consultation with the Secretary. Upon completion of the
rolls, the Secretary shall immediately publish notice of such in the
Federal Register. The Tribe shall ensure that such rolls are maintained
and kept current.

SEC. 8. CONSTITUTION AND GOVERNING BODY.

    (a) Constitution.--
            (1) Adoption.--Not later than 24 months after the date of
        the enactment of this Act, the Secretary shall conduct, by
        secret ballot and in accordance with the provisions of section
        16 of the Act of June 18, 1934 (25 U.S.C. 476), an election to
        adopt a constitution and bylaws for the Tribe.
            (2) Interim governing documents.--Until such time as a new
        constitution is adopted under paragraph (1), the governing
        documents in effect on the date of enactment of this Act shall
        be the interim governing documents for the Tribe.
    (b) Officials.--
            (1) Election.--Not later than 6 months after the Tribe
        adopts a constitution and bylaws pursuant to subsection (a),
        the Secretary shall conduct elections by secret ballot for the
        purpose of electing officials for the Tribe as provided in the
        constitution. The election shall be conducted according to the
        procedures described in subsection (a) except to the extent
        that such procedures conflict with the constitution of the
        Tribe.
            (2) Interim government.--Until such time as the Tribe
        elects new officials pursuant to paragraph (1), the governing
        body of the Tribe shall be the governing body in place on the
        date of the enactment of this Act, or any new governing body
        selected under the election procedures specified in the interim
        governing documents of the Tribe.

SEC. 9. JURISDICTION.

    The Tribe shall have jurisdiction to the full extent allowed by law
over all lands taken into trust for the benefit of the Tribe by the
Secretary. The Tribe shall exercise jurisdiction over all its members
who reside within its service area, as specified in section 4(b)(2) in
matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.) as if the members were residing upon a reservation as
defined in that Act.

Output: Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act - Reaffirms Federal recognition of the Swan Creek Black River Confederated Ojibwa Tribes of Michigan Indians as a distinct Indian tribe.  Provides for the Tribe's tribal lands to be taken by the Secretary of Interior in trust for the benefit of the Tribe.  Directs the Secretary of the Interior to conduct by secret ballot an election to adopt a constitution and bylaws for the Tribe.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wastewater Treatment Operator
Training and Certification Act of 1993''.

SEC. 2. OPERATOR TRAINING.

    Section 109 of the Federal Water Pollution Control Act (33 U.S.C.
1259) is amended to read as follows:

``SEC. 109. OPERATOR TRAINING.

    ``(a) National Program.--
            ``(1) In general.--The Administrator shall develop and
        implement a national program to train individuals in the
        operation of municipal and industrial wastewater treatment
        works and other facilities with a water pollution control
        purpose.
            ``(2) Requirements for training program.--The training
        program under this section shall include--
                    ``(A) the preparation of undergraduate students
                enrolled in institutions of higher education to enter
                an occupation that involves the design, operation, and
                maintenance of wastewater treatment works;
                    ``(B) inservice training to improve and advance the
                knowledge and skills of individuals employed in fields
                related to the design, operation, and maintenance of
                wastewater treatment works; and
                    ``(C) preservice training to be provided to high
                school graduates who are not employed to carry out the
                operation and maintenance of a wastewater treatment
                works at the time the training is provided.
    ``(b) Training Program Grants.--
            ``(1) In general.--The Administrator shall make grants to,
        or offer to enter into contracts with, the appropriate
        officials of institutions of higher education, or combinations
        of the institutions, and State agencies to support the
        development and implementation of wastewater treatment training
        programs pursuant to this section.
            ``(2) Guidance.--Not later than 1 year after the date of
        enactment of paragraph (5), the Administrator shall publish
        guidance that specifies the minimum elements of the wastewater
        training programs referred to in paragraph (1). The guidance
        shall indicate the relative emphasis that shall be given to--
                    ``(A) facility design, operation, and maintenance;
                    ``(B) undergraduate, inservice, and preservice
                training; and
                    ``(C) training for industrial and municipal
                facilities.
            ``(3) Solicitation of proposals.--Not later than 18 months
        after the date of enactment of paragraph (5), the Administrator
        shall solicit proposals from institutions of higher education,
        or combinations of the institutions, and State agencies to
        provide training services.
            ``(4) Training grants.--The Administrator shall, to the
        extent adequate funds are available, award training grants to
        institutions of higher education, or combinations of the
        institutions, and State agencies for each fiscal year.
            ``(5) Considerations for awarding grants.--In awarding a
        training grant under this subsection, the Administrator shall
        consider--
                    ``(A) the demonstrated capability of the applicant
                to provide training services;
                    ``(B) the degree to which the proposed program is
                consistent with the guidance published pursuant to
                paragraph (2);
                    ``(C) the results of any evaluation conducted
                pursuant to paragraph (7); and
                    ``(D) the degree to which the geographic area to be
                served by the program that is the subject of the grant
                proposal will, in combination with other programs
                funded pursuant to this section, ensure the reasonable
                availability of training programs throughout the United
                States.
            ``(6) Allocation of grants.--In allocating available grant
        funds among training programs, the Administrator shall consider
        the need for training in the area served, as reflected in the
        report to Congress issued pursuant to section 112(b).
            ``(7) Review and evaluation.--The Administrator shall
        provide for the review and evaluation of each training program
        that receives funding pursuant to this section not later than 3
        years after the program initially receives the funding, and
        every 3 years thereafter.
    ``(c) Training Needs.--The Administrator shall develop and maintain
a system for forecasting the supply of, and demand for, various
professional and other occupational categories needed for the
prevention, reduction, and elimination of water pollution in each
region, State, or area of the United States.''.

SEC. 3. OPERATOR CERTIFICATION.

    (a) In General.--Section 110 of the Federal Water Pollution Control
Act (33 U.S.C. 1260) is amended to read as follows:

``SEC. 110. OPERATOR CERTIFICATION.

    ``(a) In General.--
            ``(1) Certification.--The Chief Operator of a publicly
        owned treatment works that has a permit issued pursuant to
        section 402, and such additional personnel as may be designated
        by the Administrator, shall be required to be certified as
        proficient pursuant to this section by a State that has a
        certification program that is approved by the Administrator.
            ``(2) Effective date.--The requirement referred to in
        paragraph (1) shall become effective on the date that is 4
        years after the date of enactment of paragraph (4), unless the
        Administrator extends the effective date pursuant to paragraph
        (3).
            ``(3) Extension.--The Administrator may extend the
        effective date of the requirement referred to in paragraph (1)
        for a period of not to exceed 3 years on a facility-specific
        basis if the Administrator determines that, with respect to a
        facility, adequate opportunity to seek certification did not
        exist during the period described in paragraph (2).
            ``(4) Certification granted to individual.--Each
        certification of proficiency issued by the appropriate official
        of a State under this section shall be granted to the
        individual that receives the certification and shall not be
        granted to the treatment works where the individual is
        employed.
            ``(5) Period of certification.--A certification of
        proficiency issued under this section shall be effective during
        the 5-year period beginning on the date of certification. An
        individual may be recertified on termination of the 5-year
        period (and on termination of each subsequent 5-year period) if
        the individual complies with inservice training and related
        education requirements for the certification.
            ``(6) Statutory construction.--Nothing in this section is
        intended to be construed to prevent a State from requiring more
        frequent certification than is specified in paragraph (5).
    ``(b) Guidelines.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this subsection, the Administrator shall publish
        guidelines specifying minimum standards for certification of
        operators by a State pursuant to this section.
            ``(2) Requirements for guidelines.--
                    ``(A) In general.--The guidelines described in
                paragraph (1) shall specify minimum standards for a
                Chief Operator of a publicly owned treatment works and
                for such additional personnel as the Administrator
                determines appropriate for proficiency certification.
                    ``(B) Additional standards.--In addition to the
                standards referred to in subparagraph (A), the
                guidelines shall establish such additional standards as
                the Administrator determines necessary to ensure
                proficiency in the operation of large, complex
                treatment systems. The guidelines may provide for
                onsite assessment in any case in which the assessment
                is necessary to determine proficiency.
            ``(3) Treatment works operator's manual.--Not later than 1
        year after the date of enactment of this subsection, the
        Administrator shall publish a treatment works operator's manual
        that describes essential knowledge and skills of--
                    ``(A) a Chief Operator; and
                    ``(B) such additional personnel as the
                Administrator determines appropriate to receive
                operator proficiency certification.
    ``(c) State Programs.--
            ``(1) In general.--Beginning on the date of publication of
        the guidelines under subsection (b), the Governor of a State
        may submit to the Administrator, in such form as the
        Administrator may require, a certification program under this
        section.
            ``(2) Program approval.--
                    ``(A) In general.--The Administrator shall review
                and approve or disapprove a program submitted pursuant
                to paragraph (1) not later than 90 days after the
                submittal of the application. The Administrator shall
                approve the application on the basis of a determination
                that--
                            ``(i) the State certification program will
                        be consistent with the guidelines published
                        pursuant to subsection (b);
                            ``(ii) the State has committed to implement
                        the program by not later than 1 year after the
                        date of approval of the application; and
                            ``(iii) the State agrees to provide to the
                        Administrator such information concerning the
                        program as the Administrator may request.
                    ``(B) Programs in effect before the submittal of an
                application.--With respect to any State that submits an
                application pursuant to this subsection concerning a
                State certification program that was implemented before
                the date of submittal of the application, in making a
                decision whether to approve the application, the
                Administrator may consider the effectiveness of the
                program in effect on the date of submittal of a program
                pursuant to this subsection.
            ``(3) Disapproval of program.--In any case in which the
        Administrator disapproves a program, the Administrator shall
        provide to the State a written statement of the reasons for
        disapproval. The State may, not later than 90 days after
        receipt of the statement of the Administrator, submit to the
        Administrator such modifications to the application as may be
        necessary. Not later than 30 days after receipt of the revised
        application, the Administrator shall approve or disapprove the
        revised application.
            ``(4) Additional requirements.--A State may establish a
        certification requirement in addition to the requirements
        established pursuant to this section.''.
    (b) Enforcement.--Section 309(g)(1)(A) of such Act (33 U.S.C.
1319(g)(1)(A)) is amended by inserting ``110(a),'' after ``violated
section''.

SEC. 4. SCHOLARSHIPS.

    (a) Relationship to Training Grant Program.--Section 111(3) of the
Federal Water Pollution Control Act (33 U.S.C. 1261(3)) is amended by
striking subparagraph (C) and inserting the following new subparagraph:
            ``(C) that the institution is participating in, or has
        participated in, the training grant program under section
        109(b); and''.
    (b) Representation of Minorities and Women.--Section 111(3)(D) of
such Act (33 U.S.C. 1261(3)(D)) is amended--
            (1) by striking ``and'' at the end of clause (i); and
            (2) by striking the period at the end and inserting ``, and
        (iii) the institution will make reasonable efforts to ensure
        representation of minorities and women in the program.''.

SEC. 5. DEFINITIONS AND AUTHORIZATIONS.

    Section 112 of the Federal Water Pollution Control Act (33 U.S.C.
1262) is amended--
            (1) in subsection (a)(1), by inserting after the first
        sentence the following new sentence: ``The term shall include
        any community college, technical college, or State
        environmental agency.'';
            (2) by striking subsection (b) and inserting the following
        new subsection:
    ``(b) The Administrator shall, not later than 2 years after the
date of enactment of the Wastewater Treatment Operator Training and
Certification Act of 1993, and not less frequently than every 2 years
thereafter, submit a report to Congress concerning the implementation
of training, certification, and scholarship programs under sections
109, 110, and 111. Each report submitted to Congress under this
subsection shall include a forecast of the supply of, and demand for,
water pollution control professionals.''; and
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)''; and
                    (B) by adding at the end the following new
                paragraph:
    ``(2) There are authorized to be appropriated to the Environmental
Protection Agency to carry out sections 109 and 111, $15,000,000 for
each of fiscal years 1994 through 2000.''.

Output:
Wastewater Treatment Operator Training and Certification Act of 1993 - Amends the Federal Water Pollution Control Act to revise provisions concerning training grants and contracts to require the Administrator of the Environmental Protection Agency to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other water pollution control facilities; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs.
Requires chief operators and other designated personnel of publicly owned treatment works to be certified as proficient by the Administrator.  Directs the Administrator to publish:  (1) guidelines on minimum standards for certification; and (2) a treatment works operator's manual.  Authorizes the delegation of authority for a certification program to a State, subject to certain conditions.
Makes certifications valid for a five-year period.  Permits recertification for an additional five years provided that the individual complies with in-service training and related education.
Requires institutions of higher education, in addition to other requirements for receiving scholarships for individuals planning to enter occupations involving treatment works, to:  (1) have participated in the treatment works training program; and (2) ensure representation of minorities and women in the scholarship program.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Migratory Bird Hunting and
Conservation Stamp Promotion Act of 1998''.

SEC. 2. PROMOTION OF STAMP SALES.

    (a) In General.--Section 4 of the Act of March 16, 1934 (commonly
known as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16
U.S.C. 718d), is amended--
            (1) in subsection (b), by striking ``subsection (c) of this
        section'' and inserting ``subsections (c) and (d)''; and
            (2) by adding at the end the following:
    ``(d) Promotion of Stamp Sales.--
            ``(1) In general.--Subject to approval of an annual
        marketing plan by the Migratory Bird Conservation Commission
        established by section 2 of the Migratory Bird Conservation Act
        (16 U.S.C. 715a), the Secretary of the Interior may use from
        receipts from the sale of migratory bird hunting and
        conservation stamps an amount not to exceed $1,000,000 for each
        of fiscal years 1999 through 2003 for the promotion of
        additional stamp sales.
            ``(2) Annual report.--The Secretary of the Interior shall--
                    ``(A) include in each report under section 3 of the
                Migratory Bird Conservation Act (16 U.S.C. 715b) a
                statement of all expenditures under paragraph (1); and
                    ``(B) provide a copy to the Migratory Bird
                Conservation Commission, the Committee on Environment
                and Public Works of the Senate, and the Committee on
                Resources of the House of Representatives.''.
    (b) Technical Amendments.--
            (1) Short title.--
                    (A) The Act of March 16, 1934 (16 U.S.C. 718 et
                seq.), is amended by adding at the end the following:

``SEC. 11. SHORT TITLE.

    ``This Act may be cited as the `Migratory Bird Hunting and
Conservation Stamp Act'.''.
                    (B) Section 4(d)(2) of the National Wildlife Refuge
                System Administration Act of 1966 (16 U.S.C.
                668dd(d)(2)) is amended in the last sentence by
                striking ``Migratory Bird Hunting Stamp Act'' and
                inserting ``Migratory Bird Hunting and Conservation
                Stamp Act''.
                    (C) Section 102 of the Sikes Act (16 U.S.C. 670b)
                is amended by striking ``Migratory Bird Hunting Stamp
                Act as amended'' and inserting ``Migratory Bird Hunting
                and Conservation Stamp Act (16 U.S.C. 718 et seq.)''.
                    (D) Section 203(b)(4)(A) of the Sikes Act (16
                U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of
                March 16, 1934, commonly referred to as the Migratory
                Bird Hunting Stamp Act'' and inserting ``Migratory Bird
                Hunting and Conservation Stamp Act''.
                    (E) Section 2 of Public Law 87-383 (16 U.S.C. 715k-
                4) is amended by striking ``Migratory Bird Hunting
                Stamp Act of March 16, 1934, as amended'' and inserting
                ``Migratory Bird Hunting and Conservation Stamp Act''.
                    (F) Section 201 of the Emergency Wetlands Resources
                Act of 1986 (16 U.S.C. 3911) is amended--
                            (i) in subsection (b)(1)(A), by striking
                        ``Act of March 16, 1934 (16 U.S.C. 718b)
                        (commonly known as the Duck Stamp Act)'' and
                        inserting ``Migratory Bird Hunting and
                        Conservation Stamp Act (16 U.S.C. 718b)''; and
                            (ii) in subsection (c)(B), by striking
                        ``Act of March 16, 1934'' and inserting
                        ``Migratory Bird Hunting and Conservation Stamp
                        Act''.
                    (G) Section 203 of the Emergency Wetlands Resources
                Act of 1986 (16 U.S.C. 3912) is amended by striking
                ``Act of March 16, 1934'' and inserting ``Migratory
                Bird Hunting and Conservation Stamp Act''.
                    (H) Clause (ii) of section 504(1) of title 18,
                United States Code, is amended by striking ``Migratory
                Bird Hunting Stamp Act of 1934'' and inserting
                ``Migratory Bird Hunting and Conservation Stamp Act (16
                U.S.C. 718 et seq.)''.
                    (I) Section 28(f) of the Act of August 13, 1954 (25
                U.S.C. 564w-1(f) is amended--
                            (i) in the second sentence, by striking
                        ``Migratory Bird Hunting Stamp Act of March 16,
                        1934, as amended (16 U.S.C. 718)'' and
                        inserting ``Migratory Bird Hunting and
                        Conservation Stamp Act (16 U.S.C. 718 et
                        seq.)''; and
                            (ii) in the third sentence, by striking
                        ``section 4 of the Act of March 16, 1934 (48
                        Stat. 451), as amended or supplemented'' and
                        inserting ``section 4 of the Migratory Bird
                        Hunting and Conservation Stamp Act (16 U.S.C.
                        718d)''.
            (2) Migratory bird hunting and conservation stamp.--
                    (A) The first section and section 10 of the Act of
                March 16, 1934 (16 U.S.C. 718a, 718j), are amended by
                striking ``migratory-bird hunting and conservation
                stamp'' each place it appears and inserting ``migratory
                bird hunting and conservation stamp''.
                    (B) Section 2(a) of the Act of March 16, 1934 (16
                U.S.C. 718b(a)), is amended in the fifth sentence by
                striking ``migratory-bird hunting stamps'' and
                inserting ``migratory bird hunting and conservation
                stamps''.
                    (C) Sections 4(a) and 5(c) of the Act of March 16,
                1934 (16 U.S.C. 718d(a), 718e(c)), are amended by
                striking ``migratory bird hunting stamps'' each place
                it appears and inserting ``migratory bird hunting and
                conservation stamps''.
                    (D) Section 5(a) of the Act of March 16, 1934 (16
                U.S.C. 718e(a)), is amended by striking ``migratory-
                bird hunting stamp'' and inserting ``migratory bird
                hunting and conservation stamp''.
                    (E) Section 2(4) of the Act of September 28, 1962
                (16 U.S.C. 460k-1(4)), is amended by striking
                ``migratory bird hunting stamps'' and inserting
                ``migratory bird hunting and conservation stamps''.
                    (F) Section 203(b)(4)(A) of the Sikes Act (16
                U.S.C. 670i(b)(4)(A)) is amended by striking
                ``migratory bird hunting stamp'' and inserting
                ``migratory bird hunting and conservation stamp''.
                    (G) Section 3(a) of the Act of July 30, 1956 (16
                U.S.C. 718b-1), is amended by striking ``migratory-bird
                hunting stamps'' and inserting ``migratory bird hunting
                and conservation stamps''.

Output:
Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998 - Amends the Act commonly referred to as the Migratory Bird Hunting and Conservation Stamp Act to:  (1) make such title the legislated short title; and (2) allow the Secretary of the Interior, subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission, to use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1 million for each FY from 1999 through 2003 for the promotion of additional stamp sales.
Requires the Secretary to:  (1) include in each report under the Migratory Bird Conservation Act a statement of all expenditures; and (2) provide a copy to the Commission and specified congressional committees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting American Agricultural and
Medical Exports to Cuba Act of 2009''.

SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM
              AND EXPORT ENHANCEMENT ACT OF 2000.

    Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) the term `payment of cash in advance' means,
                notwithstanding any other provision of law, the payment
                by the purchaser of an agricultural commodity or
                product and the receipt of such payment by the seller
                prior to--
                            ``(i) the transfer of title of such
                        commodity or product to the purchaser; and
                            ``(ii) the release of control of such
                        commodity or product to the purchaser.''.

SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
              STATES DEPOSITORY INSTITUTIONS UNDER THE TRADE SANCTIONS
              REFORM AND EXPORT ENHANCEMENT ACT OF 2000.

    (a) In General.--Notwithstanding any other provision of law
(including section 908(b)(1)(B) of the Trade Sanctions and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)(B)), the President may
not restrict direct transfers from a Cuban depository institution to a
United States depository institution executed in payment for an
agricultural commodity or product authorized for sale under the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et
seq.).
    (b) Depository Institution Defined.--In this section, the term
``depository institution'' means any entity that is engaged primarily
in the business of banking (including a bank, savings bank, savings
association, credit union, trust company, or bank holding company).

SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH
              RESPECT TO CUBA.

    (a) In General.--The Secretary of Agriculture shall establish a
program to provide information and technical assistance to United
States agricultural producers, cooperative organizations, and State
agencies that promote the sale of agricultural commodities or products,
in order to promote and facilitate exports of United States
agricultural commodities or products to Cuba as authorized by the Trade
Sanctions Reform and Export Enhancement Act of 2000.
    (b) Technical Assistance To Facilitate Exports.--The Secretary of
Agriculture shall maintain on the website of the Department of
Agriculture information to assist exporters and potential exporters of
United States agricultural commodities or products with respect to
Cuba.
    (c) Authorization of Funds.--The Secretary of Agriculture is
authorized to expend such sums as may be available in the Agricultural
Export Promotion Trust Fund established under section 9511 of the
Internal Revenue Code of 1986 (as added by section 5(b) of this Act).

SEC. 5. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN
              UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL
              EXPORT PROMOTION TRUST FUND.

    (a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the
Internal Revenue Code of 1986 (relating to use of international travel
facilities) is amended by adding at the end the following new
paragraph:
            ``(4) Special rule for cuba.--In any case in which the tax
        imposed by paragraph (1) applies to transportation beginning or
        ending in Cuba before January 1, 2016, such tax shall be
        increased by $1.00.''.
    (b) Agricultural Export Promotion Trust Fund.--
            (1) In general.--Subchapter A of chapter 98 of the Internal
        Revenue Code of 1986 (relating to establishment of trust funds)
        is amended by adding at the end the following new section:

``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Agricultural
Export Promotion Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Agricultural Export Promotion Trust Fund amounts equivalent to the
increase in taxes received in the Treasury by reason of section
4261(c)(4).
    ``(c) Expenditures.--Amounts in the Agricultural Export Promotion
Trust Fund shall be available, as provided by appropriation Acts, for
making expenditures to the Office of the Secretary of Agriculture for
the purposes set out in section 4 of the Promoting American
Agricultural and Medical Exports to Cuba Act of 2009.''.
            (2) Conforming amendment.--Subparagraph (B) of section
        9502(b)(1) of such Code is amended by inserting ``(other than
        by reason of subsection (c)(4) thereof)'' after ``sections
        4261''.
            (3) Clerical amendment.--The table of sections for
        subchapter A of chapter 98 of such Code is amended by adding at
        the end the following new item:

``Sec. 9511. Agricultural Export Promotion Trust Fund.''.
    (c) Effective Date.--The amendment made by subsection (a) shall
apply to transportation beginning after the 90-day period beginning on
the date of the enactment of this Act, except that such amendment shall
not apply to amounts paid before the end of such period.

SEC. 6. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED.

    (a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should issue visas for temporary entry into the
United States to nationals of Cuba whose itinerary documents an intent
to conduct activities, including phytosanitary inspections, relating to
the purchase of United States agricultural commodities or products
pursuant to the provisions of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
    (b) Periodic Reports.--
            (1) In general.--Not later than 45 days after the date of
        the enactment of this Act, and every 90 days thereafter, the
        Secretary of State shall submit to the Committee on Finance,
        the Committee on Agriculture, Nutrition, and Forestry, and the
        Committee on Foreign Relations of the Senate, and the Committee
        on Agriculture, the Committee on Ways and Means, and the
        Committee on Foreign Affairs of the House of Representatives a
        report on the issuance of visas described in subsection (a).
            (2) Content of reports.--Each report under paragraph (1)
        shall contain a full description of each application received
        from a national of Cuba for a visa to travel to the United
        States to engage in purchasing activities pursuant to the
        provisions of the Trade Sanctions Reform and Export Enhancement
        Act of 2000 (22 U.S.C. 7201 et seq.) and shall describe the
        disposition of each such application.

SEC. 7. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.

    (a) Repeal of Requirement for Onsite Verifications.--Section 1705
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by
striking subsection (d).
    (b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to restrict the authority of the
President to--
            (1) impose export controls with respect to the export of
        medicines or medical devices under sections 5 or 6 of the
        Export Administration Act of 1979 (as in effect pursuant to the
        International Emergency Economic Powers Act (50 U.S.C. App.
        2404 or 2405)); or
            (2) exercise the authority the President has under the
        International Emergency Economic Powers Act (50 U.S.C. 1701 et
        seq.) with respect to Cuba pursuant to a declaration of
        national emergency required by that Act that is made on account
        of an unusual and extraordinary threat, that did not exist
        before the enactment of this Act, to the national security,
        foreign policy, or economy of the United States.

SEC. 8. TRAVEL TO CUBA.

    (a) Freedom of Travel for United States Citizens and Legal
Residents.--Notwithstanding section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and
section 910(b) of the Trade Sanctions Reform and Export Enhancement Act
of 2000 (22 U.S.C. 7209(b)) and subject to subsection (b)--
            (1) the President may not regulate or prohibit, directly or
        indirectly, travel to or from Cuba by United States citizens or
        legal residents, or any of the transactions incident to such
        travel; and
            (2) any regulation in effect on the date of the enactment
        of this Act that regulates or prohibits travel to or from Cuba
        by United States citizens or legal residents or transactions
        incident to such travel shall cease to have any force or
        effect.
    (b) Exception.--The restrictions on authority contained in
subsection (a) shall not apply in a case in which the United States is
at war with Cuba, armed hostilities between the two countries are in
progress, or there is imminent danger to the public health or the
physical safety of United States citizens or legal residents.
    (c) Applicability.--This section applies to actions taken by the
President--
            (1) on or after the date of the enactment of this Act; or
            (2) before the date of the enactment of this Act which are
        in effect on such date of enactment.

SEC. 9. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION
              OF INTELLECTUAL PROPERTY.

    (a) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88)
is repealed.
    (b) Regulations.--The Secretary of the Treasury shall promulgate
such regulations as are necessary to carry out the repeal made by
subsection (a), including removing any prohibition on transactions or
payments to which subsection (a)(1) of section 211 of the Department of
Commerce and Related Agencies Appropriations Act, 1999 (as such section
was in effect on the day before the date of the enactment of this Act)
applied.
    (c) Further Regulations.--
            (1) In general.--The Secretary of the Treasury shall amend
        part 515 of title 31, Code of Federal Regulations (commonly
        referred to as the ``Cuban Assets Control Regulations''), to
        authorize under general license the transfer or receipt of any
        trademark or trade name subject to United States law in which a
        designated national has an interest.
            (2) Designated national defined.--In this subsection, the
        term ``designated national'' has the meaning given the term in
        subsection (d)(1) of section 211 of the Department of Commerce
        and Related Agencies Appropriations Act, 1999 (as such section
        was in effect on the day before the date of the enactment of
        this Act).

Output:
Promoting American Agricultural and Medical Exports to Cuba Act of 2009 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product or agricultural commodity authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000.

Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba.

Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund.

Expresses the sense of Congress that the Secretary of State should issue temporary entry visas to Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, relating to the purchase of U.S. agricultural commodities or products.

Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba.

Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions incident to such travel.

States that: (1) any regulation restricting or prohibiting such travel shall have no effect; and (2) such prohibition shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. citizens or legal residents.

Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer.