Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening the Health Care Safety
Net Act of 2009''.

SEC. 2. APPLICATION OF UNEXPENDED MEDICAID DSH ALLOTMENTS FOR INCREASED
              ALLOTMENTS FOR LOW DSH STATES AND FOR HEALTH NETWORK
              ACCESS GRANTS.

    (a) Establishment of DSH Redistribution Pool From Unexpended
Medicaid DSH Allotments.--Subsection (f) of section 1923 of the Social
Security Act (42 U.S.C. 1396r-4) is amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new
        paragraph:
            ``(7) DSH redistribution pool from portion of unexpended
        dsh allotments to fund increase in allotments for low dsh
        states and health network access grants.--
                    ``(A) Establishment.--There is established a DSH
                redistribution pool in the amount provided under this
                paragraph. Such amount shall be determined by the
                Secretary at the beginning of each fiscal year and the
                Secretary may adjust such amount in subsequent fiscal
                years to take into account errors in estimates made for
                previous fiscal years. The amount in such pool shall be
                available for obligation and expenditure without fiscal
                year limitation.
                    ``(B) Addition of unexpended dsh allotments.--At
                the beginning of each fiscal year (beginning with
                fiscal year 2010), there shall be added to the DSH
                redistribution pool an amount equal to the amount by
                which--
                            ``(i) the total of the DSH allotments for
                        all States for the third preceding fiscal year;
                        exceeded
                            ``(ii) the total Federal financial
                        participation under this title attributable to
                        such allotments for such fiscal year.
                    ``(C) Reduction for expenditures resulting from
                increased allotments for low dsh states and for health
                network access grants.--At the beginning of each fiscal
                year (beginning with fiscal year 2011), there shall be
                subtracted from the DSH redistribution pool an amount
                equal to the sum of--
                            ``(i) the aggregate increase in Federal
                        financial participation under this title
                        attributable to the amendments made by section
                        2(b) of the Strengthening the Health Care
                        Safety Net Act of 2009 for the previous fiscal
                        year; and
                            ``(ii) the amount obligated on grants under
                        subsection (k) for such previous fiscal
                        year.''.
    (b) Increase in DSH Allotments for Low DSH States; Qualification of
Low DSH States Based on Fiscal Year 2005 Data.--Subsection (f)(5) of
such section is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``and'' at the end of clause (ii);
                    (B) in clause (iii)--
                            (i) by striking ``2009'' and inserting
                        ``2015'';
                            (ii) by inserting ``, subject to
                        subparagraph (D),'' after ``shall be''; and
                            (iii) by redesignating such clause as
                        clause (iv); and
                    (C) by inserting after clause (ii) the following
                new clause:
                            ``(iii) each succeeding fiscal year before
                        fiscal year 2015 shall be, subject to
                        subparagraph (D), the DSH allotment for the
                        State for the previous fiscal year increased by
                        16 percent; and''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(C) Additional states covered for fiscal year
                2010 and subsequent years.--In the case of a State not
                described in subparagraph (B) in which the total
                expenditures under the State plan (including Federal
                and State shares) for disproportionate share hospital
                adjustments under this section for fiscal year 2005, as
                reported to the Administrator of the Centers for
                Medicare & Medicaid Services as of August 31, 2008, is
                greater than 0 but less than 3 percent of the State's
                total amount of expenditures under the State plan for
                medical assistance during the fiscal year, the DSH
                allotment for the State with respect to--
                            ``(i) fiscal year 2010 and any succeeding
                        fiscal year before fiscal year 2015 shall be,
                        subject to subparagraph (D), the DSH allotment
                        for the State for the previous fiscal year
                        increased by 16 percent; and
                            ``(ii) any subsequent fiscal year shall be,
                        subject to subparagraph (D), the DSH allotment
                        for the State for the previous fiscal year
                        subject to an increase for inflation as
                        provided in paragraph (3)(A).
                    ``(D) Limitation on increases to amount available
                from dsh redistribution pool.--If the Secretary
                estimates for a fiscal year (beginning with fiscal year
                2010) that--
                            ``(i) the amount of additional expenditures
                        in the fiscal year resulting from the
                        application of an increase in DSH allotments
                        under subparagraphs (B) and (C) beginning with
                        fiscal year 2010 of 16 percent (instead of the
                        application of an increase for inflation as
                        provided in paragraph (3)(A)), exceeds
                            ``(ii) the amount available for obligation
                        from the DSH redistribution pool under
                        paragraph (7) for the fiscal year,
                the Secretary shall reduce the increase in the DSH
                allotments otherwise provided under such subparagraphs
                for the fiscal year in a pro-rata manner so that the
                amount of additional expenditures in the fiscal year
                resulting from the application of such subparagraphs is
                equal to the amount described in clause (ii) for the
                fiscal year. A reduction in a DSH allotment for a State
                under this subparagraph shall not affect the
                computation of the DSH allotment for the State under
                subparagraph (B) or (C) for the subsequent fiscal
                year.''.
    (c) Demonstration Grants to Health Access Networks.--Such section
is further amended by adding at the end the following new subsection:
    ``(k) Demonstration Grants to Health Access Networks.--
            ``(1) In general.--From the amount of funds made available
        under paragraph (6)(A) of this subsection from funds made
        available under subsection (d)(7) for a fiscal year, the
        Secretary shall award demonstration grants under this
        subsection to health access networks for such fiscal year for
        the purpose of improving access, quality, and continuity of
        care for uninsured individuals through better coordination of
        care by the network.
            ``(2) Health access network defined.--
                    ``(A) In general.--In this subsection, the term
                `health access network' means an entity representing a
                collection of safety net providers, including
                hospitals, community health centers, public health
                departments, physicians, safety net health plans,
                federally qualified health centers, or other recognized
                safety net providers, that--
                            ``(i) is organized for the purpose of
                        restructuring and improving the access,
                        quality, and continuity of care to the
                        uninsured and underinsured; and
                            ``(ii) offers patients access to all levels
                        of care, including primary, outpatient,
                        specialty, certain ancillary services, and
                        acute inpatient care, within a community or
                        across a broad spectrum of providers across a
                        service region or State.
                    ``(B) Inclusion of section 330 networks and
                plans.--Such term includes networks and plans that meet
                the requirements for funding under section 330(e)(1)(C)
                of the Public Health Service Act (42 U.S.C.
                254b(e)(1)(C)).
                    ``(C) Inclusion of integrated health care
                systems.--
                            ``(i) In general.--Such term also includes
                        an integrated health care system (including a
                        pediatric system).
                            ``(ii) Definition.--For purposes of this
                        subparagraph, the term `integrated health care
                        system (including a pediatric system)' means a
                        health care provider that--
                                    ``(I) is organized to provide care
                                in a coordinated fashion; and
                                    ``(II) assures access to a full
                                range of primary, specialty, and
                                hospital care, to uninsured and under-
                                insured individuals, as appropriate.
            ``(3) Application and plan requirement.--
                    ``(A) In general.--In order to be eligible for a
                grant under this subsection, a health access network
                shall--
                            ``(i) submit an application, in such form
                        and manner as the Secretary shall specify;
                            ``(ii) submit with such application a plan
                        that meets the requirements of subparagraph
                        (B);
                            ``(iii) identify in such plan measurable
                        performance targets for at least 3 of the goals
                        described in subparagraph (B); and
                            ``(iv) agree that a portion of the payment
                        of grant funds for patient care services after
                        the first year for which such payment is made
                        shall be contingent upon the health access
                        network demonstrating success in achieving such
                        targets.
                    ``(B) Plan requirements.--A health access network
                that desires a grant under this subsection shall submit
                a plan to the Secretary that details how the network
                intends through the grant--
                            ``(i) to manage costs associated with the
                        provision of health care services to uninsured
                        and underinsured individuals served by the
                        network;
                            ``(ii) to improve access to, and the
                        availability of, health care services provided
                        to uninsured and underinsured individuals
                        served by the network;
                            ``(iii) to enhance the quality and
                        coordination of health care services provided
                        to uninsured and underinsured individuals
                        served by the network;
                            ``(iv) to improve the health status of
                        uninsured and underinsured individuals served
                        by the network; and
                            ``(v) to reduce health disparities in the
                        population of uninsured and underinsured
                        individuals served by the network.
                Nothing in this paragraph shall be construed as
                requiring a health access network operating in a State
                to operate on a statewide basis or otherwise to serve
                all uninsured and underinsured individuals in area
                served.
                    ``(C) Authority to limit number of grants.--In
                awarding grants under this subsection, the Secretary
                may limit the grants in a manner so that each grantee
                is able to provide patient care services to the number
                of uninsured individuals specified by each network in
                its grant application.
            ``(4) Use of funds.--
                    ``(A) In general.--A health access network that
                receives funds under a grant under this subsection
                shall expend an amount equal to at least 90 percent of
                such funds for the provision of (or payment for) direct
                patient care services.
                    ``(B) Rule of construction regarding direct patient
                care services.--For purposes of subparagraph (A), the
                term `direct patient care services' means, with respect
                to a health access network, services, such as specialty
                medical care and diagnostic services, that are not
                available or are insufficiently available through the
                network's providers other than under a grant under this
                subsection.
                    ``(C) Preference for services through safety net
                providers.--In purchasing direct patient care services
                for uninsured and underinsured individuals under a
                grant under this subsection, health access networks
                shall, to the maximum extent feasible, endeavor to
                purchase such services from safety net providers.
            ``(5) Supplement, not supplant.--Funds paid to a health
        access network under a grant under this subsection shall
        supplement and not supplant, other Federal or State payments
        that are made to the network to support the provision of health
        care services to low-income or uninsured patients.
            ``(6) Funding.--
                    ``(A) Availability of funds from dsh redistribution
                pool.--To carry out this subsection there is hereby
                made available for each fiscal year (beginning with
                fiscal year 2010 and ending with fiscal year 2014) and
                appropriated from the DSH redistribution pool
                established under subsection (d)(7), an amount equal
                to--
                            ``(i) the amount available for obligation
                        from such pool in such fiscal year, reduced by
                            ``(ii) the Secretary's estimate of the
                        aggregate increase in Federal financial
                        participation under this title for the fiscal
                        year that will be attributable to the
                        amendments made by section 2(b) of the
                        Strengthening the Health Care Safety Net Act of
                        2009.
                    ``(B) Treatment of grant funds.--Payments to a
                health access network under a grant under this
                subsection shall not be treated as a disproportionate
                share hospital payment adjustments under this section
                and shall not be counted against the DSH allotment for
                any State.
                    ``(C) No state matching required.--Nothing in this
                subsection shall be construed as requiring a State to
                provide for any State matching funds to receive funds
                under this subsection.
                    ``(D) Availability.--The amount of any grant to a
                health access network under this subsection shall
                remain available for expenditure under the grant
                through the end of the third fiscal year after the
                fiscal year in which the grant is made.''.
    (d) Conforming Date of Application of DSH Hospital Requirement to
Availability of Funding for Low DSH States.--Subsection (d)(2)(A)(ii)
of such section is amended by inserting before the period at the end
the following: ``(or, in the case of a low DSH State described in
subparagraph (B) or (C) of subsection (f)(5), the date of the enactment
of the Strengthening the Safety Net Act of 2009)''.
    (e) Reporting Using Unified Reporting Document.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Health and Human Services shall develop a unified reporting document
for all disproportionate share hospital (DSH) allocations and
expenditures under section 1923 of the Social Security Act. Beginning
in fiscal year 2010 each State receiving a DSH allocation under such
section shall be required by the Secretary to report all expenditures
against the allocation using such unified reporting document. This
requirement shall apply to States regardless of whether the DSH
expenditures occur through a waiver.
    (f) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2010.

Output:
Strengthening the Health Care Safety Net Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to establish a disproportionate share hospital (DSH) redistribution pool from unexpended Medicaid DSH allotments to fund an increase in allotments for low DSH states.

Directs the Secretary of Health and Human Services to award demonstration grants to health access networks to improve access, quality, and continuity of care for uninsured individuals through better coordination of care by such networks.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Public Health
Protections in Major Disasters and Emergencies Act''.

SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER
              AREA.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by inserting after section 408 (42 U.S.C.
5174) the following:

``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER
              AREA.

    ``(a) Definitions.--In this section, the following definitions
apply:
            ``(1) Individual.--The term `individual' includes--
                    ``(A) a worker or volunteer who responded to
                Hurricane Katrina or Hurricane Rita or responds to a
                major disaster or emergency, including--
                            ``(i) a police officer;
                            ``(ii) a firefighter;
                            ``(iii) an emergency medical technician;
                            ``(iv) any participating member of an urban
                        search and rescue team; and
                            ``(v) any other relief or rescue worker or
                        volunteer that the President determines to be
                        appropriate;
                    ``(B) a worker who responds to a disaster by
                assisting in the cleanup or restoration of critical
                infrastructure in and around a disaster area;
                    ``(C) a person whose place of residence is in a
                disaster area;
                    ``(D) a person who is employed in or attends
                school, child care, or adult day care in a building
                located in a disaster area; and
                    ``(E) any other person that the President
                determines to be appropriate.
            ``(2) Medical institution.--The term `medical institution'
        includes a hospital facility (as such term is defined in
        section 391 of the Energy Policy Conservation Act (42 U.S.C.
        6371) and an accredited public or nonprofit school of medicine.
            ``(3) Program.--The term `program' means a program
        described in subsection (b) that is carried out for a disaster
        area.
            ``(4) Substance of concern.--The term `substance of
        concern' means a chemical or other substance that is associated
        with potential acute or chronic human health effects, the risk
        of exposure to which could potentially be increased as the
        result of a disaster, as determined by the President.
    ``(b) Program.--
            ``(1) In general.--If the President determines that 1 or
        more substances of concern are being, or have been, released in
        an area declared to be a major disaster area under this Act,
        the President may carry out a program for the protection,
        assessment, monitoring, and study of the health and safety of
        individuals to ensure that--
                    ``(A) the individuals are adequately informed about
                and protected against potential health impacts of any
                substance of concern and potential mental health
                impacts in a timely manner;
                    ``(B) the individuals are monitored and studied
                over time, including through baseline and follow-up
                clinical health examinations, for--
                            ``(i) any short- and long-term health
                        impacts of any substance of concern; and
                            ``(ii) any mental health impacts;
                    ``(C) the individuals receive health care referrals
                as needed and appropriate; and
                    ``(D) information from any such monitoring and
                studies is used to prevent or protect against similar
                health impacts from future disasters.
            ``(2) Activities.--A program under paragraph (1) may
        include such activities as--
                    ``(A) collecting and analyzing environmental
                exposure data;
                    ``(B) developing and disseminating information and
                educational materials;
                    ``(C) performing baseline and follow-up clinical
                health and mental health examinations and taking
                biological samples;
                    ``(D) establishing and maintaining an exposure
                registry;
                    ``(E) studying the short- and long-term human
                health impacts of any exposures through epidemiological
                and other health studies; and
                    ``(F) providing assistance to individuals in
                determining eligibility for health coverage and
                identifying appropriate health services.
            ``(3) Timing.--To the maximum extent practicable,
        activities under any program established under paragraph (1)
        (including baseline health examinations) shall be commenced in
        a timely manner that will ensure the highest level of public
        health protection and effective monitoring.
            ``(4) Participation in registries and studies.--
                    ``(A) In general.--Participation in any registry or
                study that is part of a program under paragraph (1)
                shall be voluntary.
                    ``(B) Protection of privacy.--The President shall
                take appropriate measures to protect the privacy of any
                participant in a registry or study described in
                subparagraph (A).
            ``(5) Cooperative agreements.--
                    ``(A) In general.--The President may carry out a
                program under paragraph (1) through a cooperative
                agreement with a medical institution, including a local
                health department, or a consortium of medical
                institutions.
                    ``(B) Selection criteria.--To the maximum extent
                practicable, the President shall select to carry out a
                program under paragraph (1) a medical institution or a
                consortium of medical institutions that--
                            ``(i) is located near--
                                    ``(I) the disaster area with
                                respect to which the program is carried
                                out; and
                                    ``(II) any other area in which
                                there reside groups of individuals that
                                worked or volunteered in response to
                                the disaster; and
                            ``(ii) has appropriate experience in the
                        areas of environmental or occupational health,
                        toxicology, and safety, including experience
                        in--
                                    ``(I) developing clinical protocols
                                and conducting clinical health
                                examinations, including mental health
                                assessments;
                                    ``(II) conducting long-term health
                                monitoring and epidemiological studies;
                                    ``(III) conducting long-term mental
                                health studies; and
                                    ``(IV) establishing and maintaining
                                medical surveillance programs and
                                environmental exposure or disease
                                registries.
            ``(6) Involvement.--
                    ``(A) In general.--In establishing and maintaining
                a program under paragraph (1), the President shall
                involve interested and affected parties, as
                appropriate, including representatives of--
                            ``(i) Federal, State, and local government
                        agencies;
                            ``(ii) groups of individuals that worked or
                        volunteered in response to the disaster in the
                        disaster area;
                            ``(iii) local residents, businesses, and
                        schools (including parents and teachers);
                            ``(iv) health care providers; and
                            ``(v) other organizations and persons.
                    ``(B) Committees.--Involvement under subparagraph
                (A) may be provided through the establishment of an
                advisory or oversight committee or board.
            ``(7) Privacy.--The President shall carry out each program
        under paragraph (1) in accordance with regulations relating to
        privacy promulgated under section 264(c) of the Health
        Insurance Portability and Accountability Act of 1996 (42 U.S.C.
        11320d-2 note; Public Law 104-191).
    ``(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, or the medical institution or consortium of such
institutions having entered into a cooperative agreement under
subsection (b)(5), shall submit to the Secretary of Homeland Security,
the Secretary of Health and Human Services, the Secretary of Labor, the
Administrator of the Environmental Protection Agency, and appropriate
committees of Congress a report on programs and studies carried out
under the program.''.

SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND
              RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION
              AND MONITORING.

    (a) In General.--The Secretary of Homeland Security, the Secretary
of Health and Human Services, and the Administrator of the
Environmental Protection Agency shall jointly enter into a contract
with the National Academy of Sciences to conduct a study and prepare a
report on disaster area health and environmental protection and
monitoring.
    (b) Expertise.--The report under subsection (a) shall be prepared
with the participation of individuals who have expertise in--
            (1) environmental health, safety, and medicine;
            (2) occupational health, safety, and medicine;
            (3) clinical medicine, including pediatrics;
            (4) toxicology;
            (5) epidemiology;
            (6) mental health;
            (7) medical monitoring and surveillance;
            (8) environmental monitoring and surveillance;
            (9) environmental and industrial hygiene;
            (10) emergency planning and preparedness;
            (11) public outreach and education;
            (12) State and local health departments;
            (13) State and local environmental protection departments;
            (14) functions of workers that respond to disasters,
        including first responders;
            (15) public health and family services;
            (16) environmental justice; and
            (17) health and health care disparities.
    (c) Contents.--The report under subsection (a) shall provide advice
and recommendations regarding protecting and monitoring the health and
safety of individuals potentially exposed to any chemical or other
substance associated with potential acute or chronic human health
effects as the result of a disaster, including advice and
recommendations regarding--
            (1) the establishment of protocols for the monitoring of
        and response to chemical or substance releases in a disaster
        area for the purpose of protecting public health and safety,
        including--
                    (A) chemicals or other substances for which samples
                should be collected in the event of a disaster,
                including a terrorist attack;
                    (B) chemical- or substance-specific methods of
                sample collection, including sampling methodologies and
                locations;
                    (C) chemical- or substance-specific methods of
                sample analysis;
                    (D) health-based threshold levels to be used and
                response actions to be taken in the event that
                thresholds are exceeded for individual chemicals or
                other substances;
                    (E) procedures for providing monitoring results
                to--
                            (i) appropriate Federal, State, and local
                        government agencies;
                            (ii) appropriate response personnel; and
                            (iii) the public;.
                    (F) responsibilities of Federal, State and local
                agencies for--
                            (i) collecting and analyzing samples;
                            (ii) reporting results; and
                            (iii) taking appropriate response actions;
                        and
                    (G) capabilities and capacity within the Federal
                Government to conduct appropriate environmental
                monitoring and response in the event of a disaster,
                including a terrorist attack; and
            (2) other issues as specified by the Secretary of Homeland
        Security, the Secretary of Health and Human Services, and the
        Administrator of the Environmental Protection Agency.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.

SEC. 4. PREDISASTER HAZARD MITIGATION.

    Section 203(m) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``December 31, 2008'' and inserting ``September 30, 2010''.

SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS.

    Section 1904(a)(1) of the Public Health Service Act (42 U.S.C.
300w-3(a)(1)) is amended--
            (1) in subparagraph (G)--
                    (A) by striking ``through (F)'' and inserting
                ``through (G)''; and
                    (B) by redesignating such subparagraph as
                subparagraph (H); and
            (2) by inserting after subparagraph (F), the following:
                    ``(G) Community outreach and education programs and
                other activities designed to address and prevent health
                and health care disparities.''.

Output:
Strengthening Public Health Protections in Major Disasters and Emergencies Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects are being or have been released in a major disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of workers or volunteers who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, residents in a disaster area, or persons who are employed in, or who attend school, child care, or adult day care in, a disaster area.

Authorizes the President to carry out such a program through a cooperative agreement with a medical institution or consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety.

Directs the Secretary of Homeland Security, the Secretary of Health and Human Services (HHS), and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences (NAS) to study and report on disaster area health and environmental protection and monitoring.

Amends: (1) the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend to September 30, 2010, the authority for the predisaster hazard mitigation program; and (2) the Public Health Service Act to authorize the use of preventive health services block grants for community outreach and education programs and other activities designed to address and prevent health and health care disparities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paleontological Resources
Preservation Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Casual collecting.--The term ``casual collecting''
        means the collecting of a reasonable amount of common
        invertebrate and plant paleontological resources for non-
        commercial personal use, either by surface collection or the
        use of non-powered hand tools resulting in only negligible
        disturbance to the Earth's surface and other resources. As used
        in this paragraph, the terms ``reasonable amount'', ``common
        invertebrate and plant paleontological resources'' and
        ``negligible disturbance'' shall be determined by the
        Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior with respect to lands controlled or
        administered by the Secretary of the Interior or the Secretary
        of Agriculture with respect to National Forest System Lands
        controlled or administered by the Secretary of Agriculture.
            (3) Federal lands.--The term ``Federal lands'' means--
                    (A) lands controlled or administered by the
                Secretary of the Interior, except Indian lands; or
                    (B) National Forest System lands controlled or
                administered by the Secretary of Agriculture.
            (4) Indian lands.--The term ``Indian Land'' means lands of
        Indian tribes, or Indian individuals, which are either held in
        trust by the United States or subject to a restriction against
        alienation imposed by the United States.
            (5) State.--The term ``State'' means the fifty States, the
        District of Columbia, the Commonwealth of Puerto Rico, and any
        other territory or possession of the United States.
            (6) Paleontological resource.--The term ``paleontological
        resource'' means any fossilized remains, traces, or imprints of
        organisms, preserved in or on the earth's crust, that are of
        paleontological interest and that provide information about the
        history of life on earth, except that the term does not
        include--
                    (A) any materials associated with an archaeological
                resource (as defined in section 3(1) of the
                Archaeological Resources Protection Act of 1979 (16
                U.S.C. 470bb(1)); or
                    (B) any cultural item (as defined in section 2 of
                the Native American Graves Protection and Repatriation
                Act (25 U.S.C. 3001)).

SEC. 3. MANAGEMENT.

    (a) In General.--The Secretary shall manage and protect
paleontological resources on Federal lands using scientific principles
and expertise. The Secretary shall develop appropriate plans for
inventory, monitoring, and the scientific and educational use of
paleontological resources, in accordance with applicable agency laws,
regulations, and policies. These plans shall emphasize interagency
coordination and collaborative efforts where possible with non-Federal
partners, the scientific community, and the general public.
    (b) Coordination.--To the extent possible, the Secretary of the
Interior and the Secretary of Agriculture shall coordinate in the
implementation of this Act.

SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM.

    The Secretary shall establish a program to increase public
awareness about the significance of paleontological resources.

SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES.

    (a) Permit Requirement.--
            (1) In general.--Except as provided in this Act, a
        paleontological resource may not be collected from Federal
        lands without a permit issued under this Act by the Secretary.
            (2) Casual collecting exception.--The Secretary may allow
        casual collecting without a permit on Federal lands controlled
        or administered by the Bureau of Land Management, the Bureau of
        Reclamation, and the Forest Service, where such collection is
        consistent with the laws governing the management of those
        Federal lands and this Act.
            (3) Previous permit exception.--Nothing in this section
        shall affect a valid permit issued prior to the date of
        enactment of this Act.
    (b) Criteria for Issuance of a Permit.--The Secretary may issue a
permit for the collection of a paleontological resource pursuant to an
application if the Secretary determines that--
            (1) the applicant is qualified to carry out the permitted
        activity;
            (2) the permitted activity is undertaken for the purpose of
        furthering paleontological knowledge or for public education;
            (3) the permitted activity is consistent with any
        management plan applicable to the Federal lands concerned; and
            (4) the proposed methods of collecting will not threaten
        significant natural or cultural resources.
    (c) Permit Specifications.--A permit for the collection of a
paleontological resource issued under this section shall contain such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this Act. Every permit shall include requirements that--
            (1) the paleontological resource that is collected from
        Federal lands under the permit will remain the property of the
        United States;
            (2) the paleontological resource and copies of associated
        records will be preserved for the public in an approved
        repository, to be made available for scientific research and
        public education; and
            (3) specific locality data will not be released by the
        permittee or repository without the written permission of the
        Secretary.
    (d) Modification, Suspension, and Revocation of Permits.--
            (1) The Secretary may modify, suspend, or revoke a permit
        issued under this section--
                    (A) for resource, safety, or other management
                considerations; or
                    (B) when there is a violation of term or condition
                of a permit issued pursuant to this section.
            (2) The permit shall be revoked if any person working under
        the authority of the permit is convicted under section 9 or is
        assessed a civil penalty under section 10.
    (e) Area Closures.--In order to protect paleontological or other
resources and to provide for public safety, the Secretary may restrict
access to or close areas under the Secretary's jurisdiction to the
collection of paleontological resources.

SEC. 6. CURATION OF RESOURCES.

    Any paleontological resource, and any data and records associated
with the resource, collected under a permit, shall be deposited in an
approved repository. The Secretary may enter into agreements with non-
Federal repositories regarding the curation of these resources, data,
and records.

SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES.

    (a) In General.--A person may not--
            (1) excavate, remove, damage, or otherwise alter or deface
        or attempt to excavate, remove, damage, or otherwise alter or
        deface any paleontological resources located on Federal lands
        unless such activity is conducted in accordance with this Act;
            (2) exchange, transport, export, receive, or offer to
        exchange, transport, export, or receive any paleontological
        resource if, in the exercise of due care, the person knew or
        should have known such resource to have been excavated or
        removed from Federal lands in violation of any provisions,
        rule, regulation, law, ordinance, or permit in effect under
        Federal law, including this Act; or
            (3) sell or purchase or offer to sell or purchase any
        paleontological resource if, in the exercise of due care, the
        person knew or should have known such resource to have been
        excavated, removed, sold, purchased, exchanged, transported, or
        received from Federal lands.
    (b) False Labeling Offenses.--A person may not make or submit any
false record, account, or label for, or any false identification of,
any paleontological resource excavated or removed from Federal lands.
    (c) Penalties.--A person who knowingly violates or counsels,
procures, solicits, or employs another person to violate subsection (a)
or (b) shall, upon conviction, be fined in accordance with title 18,
United States Code, or imprisoned not more than 10 years, or both; but
if the sum of the commercial and paleontological value of the
paleontological resources involved and the cost of restoration and
repair of such resources does not exceed $500, such person shall be
fined in accordance with title 18, United States Code, or imprisoned
not more than one year, or both.
    (d) General Exception.--Nothing in subsection (a) shall apply to
any person with respect to any paleontological resource which was in
the lawful possession of such person prior to the date of the enactment
of this Act.

SEC. 8. CIVIL PENALTIES.

    (a) In General.--
            (1) Hearing.--A person who violates any prohibition
        contained in an applicable regulation or permit issued under
        this Act may be assessed a penalty by the Secretary after the
        person is given notice and opportunity for a hearing with
        respect to the violation. Each violation shall be considered a
        separate offense for purposes of this section.
            (2) Amount of penalty.--The amount of such penalty assessed
        under paragraph (1) shall be determined under regulations
        promulgated pursuant to this Act, taking into account the
        following factors:
                    (A) The scientific or fair market value, whichever
                is greater, of the paleontological resource involved,
                as determined by the Secretary.
                    (B) The cost of response, restoration, and repair
                of the resource and the paleontological site involved.
                    (C) Any other factors considered relevant by the
                Secretary assessing the penalty.
            (3) Multiple offenses.--In the case of a second or
        subsequent violation by the same person, the amount of a
        penalty assessed under paragraph (2) may be doubled.
            (4) Limitation.--The amount of any penalty assessed under
        this subsection for any one violation shall not exceed an
        amount equal to double the cost of response, restoration, and
        repair of resources and paleontological site damage plus double
        the scientific or fair market value of resources destroyed or
        not recovered.
    (b) Petition for Judicial Review; Collection of Unpaid
Assessments.--
            (1) Judicial review.--Any person against whom an order is
        issued assessing a penalty under subsection (a) may file a
        petition for judicial review of the order in the United States
        District Court for the District of Columbia or in the district
        in which the violation is alleged to have occurred within the
        30-day period beginning on the date the order making the
        assessment was issued. Upon notice of such filing, the
        Secretary shall promptly file such a certified copy of the
        record on which the order was issued. The court shall hear the
        action on the record made before the Secretary and shall
        sustain the action if it is supported by substantial evidence
        on the record considered as a whole.
            (2) Failure to pay.--If any person fails to pay a penalty
        under this section within 30 days--
                    (A) after the order making assessment has become
                final and the person has not filed a petition for
                judicial review of the order in accordance with
                paragraph (1); or
                    (B) after a court in an action brought in paragraph
                (1) has entered a final judgment upholding the
                assessment of the penalty,
        the Secretary may request the Attorney General to institute a
        civil action in a district court of the United States for any
        district in which the person if found, resides, or transacts
        business, to collect the penalty (plus interest at currently
        prevailing rates from the date of the final order or the date
        of the final judgment, as the case may be). The district court
        shall have jurisdiction to hear and decide any such action. In
        such action, the validity, amount, and appropriateness of such
        penalty shall not be subject to review. Any person who fails to
        pay on a timely basis the amount of an assessment of a civil
        penalty as described in the first sentence of this paragraph
        shall be required to pay, in addition to such amount and
        interest, attorneys fees and costs for collection proceedings.
    (c) Hearings.--Hearings held during proceedings instituted under
subsection (a) shall be conducted in accordance with section 554 of
title 5, United States Code.
    (d) Use of Recovered Amounts.--Penalties collected under this
section shall be available to the Secretary and without further
appropriation may be used only as follows:
            (1) To protect, restore, or repair the paleontological
        resources and sites which were the subject of the action, or to
        acquire sites with equivalent resources, and to protect,
        monitor, and study the resources and sites. Any acquisition
        shall be subject to any limitations contained in the organic
        legislation for such Federal lands.
            (2) To provide educational materials to the public about
        paleontological resources and sites.
            (3) To provide for the payment of rewards as provided in
        section 11.

SEC. 9. REWARDS AND FORFEITURE.

    (a) Rewards.--The Secretary may pay from penalties collected under
section 9 or 10--
            (1) consistent with amounts established in regulations by
        the Secretary; or
            (2) if no such regulation exists, an amount equal to the
        lesser of one-half of the penalty or $500,
to any person who furnishes information which leads to the finding of a
civil violation, or the conviction of criminal violation, with respect
to which the penalty was paid. If several persons provided the
information, the amount shall be divided among the persons. No officer
or employee of the United States or of any State or local government
who furnishes information or renders service in the performance of his
official duties shall be eligible for payment under this subsection.
    (b) Forfeiture.--All paleontological resources with respect to
which a violation under section 9 or 10 occurred and which are in the
possession of any person, and all vehicles and equipment of any person
that were used in connection with the violation, shall be subject to
civil forfeiture, or upon conviction, to criminal forfeiture. All
provisions of law relating to the seizure, forfeiture, and condemnation
of property for a violation of this Act, the disposition of such
property or the proceeds from the sale thereof, and remission or
mitigation of such forfeiture, as well as the procedural provisions of
chapter 46 of title 18, United States Code, shall apply to the seizures
and forfeitures incurred or alleged to have incurred under the
provisions of this Act.
    (c) Transfer of Seized Resources.--The Secretary may transfer
administration of seized paleontological resources to Federal or non-
Federal educational institutions to be used for scientific or
educational purposes.

SEC. 10. CONFIDENTIALITY.

    Information concerning the nature and specific location of a
paleontological resource the collection of which requires a permit
under this Act or under any other provision of Federal law shall be
exempt from disclosure under section 552 of title 5, United States
Code, and any other law unless the Secretary determines that disclosure
would--
            (1) further the purposes of this Act;
            (2) not create risk of harm to or theft or destruction of
        the resource or the site containing the resource; and
            (3) be in accordance with other applicable laws.

SEC. 11. REGULATIONS.

    As soon as practical after the date of the enactment of this Act,
the Secretary shall issue such regulations as are appropriate to carry
out this Act, providing opportunities for public notice and comment.

SEC. 12. SAVINGS PROVISIONS.

    Nothing in this Act shall be construed to--
            (1) invalidate, modify, or impose any additional
        restrictions or permitting requirements on any activities
        permitted at any time under the general mining laws, the
        mineral or geothermal leasing laws, laws providing for minerals
        materials disposal, or laws providing for the management or
        regulation of the activities authorized by the aforementioned
        laws including but not limited to the Federal Land Policy
        Management Act (43 U.S.C. 1701-1784), the Mining in the Parks
        Act, the Surface Mining Control and Reclamation Act of 1977 (30
        U.S.C. 1201-1358), and the Organic Administration Act (16
        U.S.C. 478, 482, 551);
            (2) invalidate, modify, or impose any additional
        restrictions or permitting requirements on any activities
        permitted at any time under existing laws and authorities
        relating to reclamation and multiple uses of Federal lands;
            (3) apply to, or require a permit for, casual collecting of
        a rock, mineral, or invertebrate or plant fossil that is not
        protected under this Act;
            (4) affect any lands other than Federal lands or affect the
        lawful recovery, collection, or sale of paleontological
        resources from lands other than Federal lands;
            (5) alter or diminish the authority of a Federal agency
        under any other law to provide protection for paleontological
        resources on Federal lands in addition to the protection
        provided under this Act; or
            (6) create any right, privilege, benefit, or entitlement
        for any person who is not an officer or employee of the United
        States acting in that capacity. No person who is not an officer
        or employee of the United States acting in that capacity shall
        have standing to file any civil action in a court of the United
        States to enforce any provision or amendment made by this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the Senate July 17, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output:
Paleontological Resources Preservation Act - (Sec. 3) Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.

(Sec. 4) Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretaries may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretaries to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretaries may enter into agreements with non-Federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretaries to pay from penalties collected under this Act a reward to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretaries to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment. (Sec. 12) Declares that nothing in this Act shall be construed to do certain things, including to: (1) modify any activity under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws; (2) modify any activity under existing laws and authorities relating to reclamation and multiple uses of Federal lands; or (3) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act. (Sec. 13) Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE; REFERENCES IN ACT.

    (a) Short Title.--This Act may be cited as the ``Health Care Fraud
and Abuse Advisory Opinion Act of 1994''.
    (b) References in Act.--Except as otherwise specifically provided,
whenever an amendment herein is expressed in terms of an amendment to,
or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the Social
Security Act.

SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE
              ADVISORY OPINIONS UNDER TITLE XI.

    (a) Authorization.--Title XI, section 1128 (42 U.S.C. 1320a-7) is
amended by the addition of the following new paragraph:
    ``(j) The Secretary shall issue advisory opinions as provided in
this section.
            ``(1) Matters subject to advisory opinions.--The Secretary
        shall issue advisory opinions as to the following matters:
                    ``(i) What constitutes prohibited remuneration
                within the meaning of section 1320a-7b(b) of title 42,
                United States Code.
                    ``(ii) Whether an arrangement or proposed
                arrangement satisfies the criteria set forth in section
                1320a-7b(b)(3) of title 42, United States Code as
                amended for activities which do not result in
                prohibited remuneration.
                    ``(iii) Whether an arrangement or proposed
                arrangement satisfies the criteria which the Secretary
                has established, or shall establish by regulation for
                activities which do not result in prohibited
                remuneration.
                    ``(iv) What constitutes an inducement to reduce or
                limit services to individuals entitled to benefits
                under part A or part B of title XVIII or title XIX
                within the meaning of section 1320a-7a(b) of title 42,
                United States Code.
                    ``(v) Whether an arrangement, activity or proposed
                arrangement or proposed activity violates any other
                provision of the Act.
            ``(2) Matters not subject to advisory opinions.--Such
        advisory opinions shall not address the following matters:
                    ``(i) Whether the fair market value shall be, or
                was paid or received for any goods, services or
                property.
                    ``(ii) Whether an individual is a bona fide
                employee within the requirements of section 3121(d)(2)
                of title 26, United States Code.
            ``(3) Effect of advisory opinions.--
                    ``(i) Each advisory opinion issued by the Secretary
                shall be binding as to the Secretary and the party or
                parties requesting the opinion.
                    ``(ii) The failure of a party to seek an advisory
                opinion may not be introduced into evidence to prove
                that the party intended to violate the provisions of
                sections 1320a-7, 1320a-7(a), or 1320a-7(b) of title
                42, United States Code.
            ``(4) Regulations.--The Secretary within one hundred and
        eighty days of the date of enactment, shall issue regulations
        establishing a system for the issuance of advisory opinions.
        Such regulations shall provide for--
                    ``(i) the procedure to be followed by a party
                applying for an advisory opinion;
                    ``(ii) the procedure to be followed by the
                Secretary in responding to a request for an advisory
                opinion;
                    ``(iii) the interval in which the Secretary shall
                respond;
                    ``(iv) the reasonable fee to be charged to the
                party requesting an advisory opinion; and
                    ``(v) the manner in which advisory opinions will be
                made available to the public.
            ``(5) Interval for issuance of advisory opinions.--Under no
        circumstances shall the interval in which the Secretary shall
        respond to a party requesting an advisory opinion exceed 30
        days.''.

SEC. 3. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE
              ADVISORY OPINIONS UNDER TITLE XVIII.

    (a) Authorization.--Title XVIII, section 1877 (42 U.S.C. 1395nn) is
amended by the addition of the following new paragraph:
    ``(i)(1) Advisory Opinions.--The Secretary shall issue advisory
opinions on whether an arrangement or proposed arrangement will result
in a prohibited referral within the meaning of section 1395nn of title
42, United States Code, as amended.
    ``(2) Effect of Advisory Opinions.--
            ``(i) Each advisory opinion issued by the Secretary shall
        be binding as to the Secretary and the party or parties
        requesting the opinion.
            ``(ii) The failure of a party to seek an advisory opinion
        may not be introduced into evidence to prove that the party
        intended to violate the provisions of section 1395nn of title
        42, United States Code.
    ``(3) Regulations.--The Secretary within one hundred and eighty
days of the date of enactment, shall issue regulations establishing a
system for the issuance of advisory opinions. Such regulations shall
provide for--
            ``(i) the procedure to be followed by a party applying for
        an advisory opinion;
            ``(ii) the procedure to be followed by the Secretary in
        responding to a request for an advisory opinion;
            ``(iii) the interval in which the Secretary shall respond;
            ``(iv) the reasonable fee to be charged to the party
        requesting an advisory opinion; and
            ``(v) the manner in which advisory opinions will be made
        available to the public.
    ``(4) Interval for Issuance of Advisory Opinions.--Under no
circumstances shall the interval in which the Secretary shall respond
to a party requesting an advisory opinion exceed thirty days.''.

SEC. 4. EFFECTIVE DATE.

    Unless otherwise specified herein, the Health Care Fraud and Abuse
Advisory Opinion Act of 1994 shall be effective upon enactment.

Output:
Health Care Fraud and Abuse Advisory Opinion Act of 1994 - Amends title XI of the Social Security Act (SSA) to give the Secretary of Health and Human Services the authority to issue binding advisory opinions addressing certain matters, such as what constitutes prohibited remuneration or an inducement to reduce or limit Medicare or Medicaid services, and whether an arrangement or activity, actual or proposed, violates any other SSA provisions.
Amends SSA title XVIII (Medicare) to give the Secretary the authority to issue binding advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited physician referral.
Requires the Secretary to issue regulations establishing systems for the issuance of the advisory opinions above.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alternative Minimum Tax Repeal Act
of 2001''.

SEC. 2. PHASEOUT OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.

    (a) Repeal in 2011.--Subsection (a) of section 55 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
flush sentence:
``For purposes of this title, the tentative minimum tax on any taxpayer
other than a corporation for any taxable year beginning after December
31, 2010, shall be zero.''.
    (b) Reduction of Tax on Individuals Prior to Repeal.--
            (1) Immediate increase in exemption amounts.--Paragraph (1)
        of section 55(d) of such Code is amended--
                    (A) by striking ``$45,000'' and inserting
                ``$52,000'',
                    (B) by striking ``$33,750'' and inserting
                ``$38,000'', and
                    (C) by striking ``$22,500'' and inserting ``\1/2\
                the amount applicable under subparagraph (A)''.
            (2) Additional increases in exemption amounts; repeal of
        phase-out of exemption amounts.--Paragraph (3) of section 55(d)
        of such Code is amended to read as follows:
            ``(3) Increases in exemption amounts for taxpayers other
        than corporations.--
                    ``(A) In general.--The exemption amounts under
                paragraph (1) for taxable years beginning in any
                calendar year after 2001 shall be determined by
                increasing the dollar amounts contained in
                subparagraphs (A) and (B) of paragraph (1) by the
                applicable percentage for such calendar year of such
                dollar amounts.
                    ``(B) Applicable percentage.--For purposes of
                subparagraph (A), the applicable percentage shall be
                determined in accordance with the following table:

                ``For calendar year--
                                                         The applicable

                                                        percentage is--
                    2002...................................         10
                    2003...................................         20
                    2004...................................         30
                    2005...................................         40
                    2006...................................         50
                    2007...................................         60
                    2008...................................         70
                    2009...................................         80
                    2010...................................         90.
                    ``(C) Rounding.--If any amount, as increased under
                subparagraph (A) is not a multiple of $5, such amount
                shall be increased to the nearest multiple of $5.''
    (c) Nonrefundable Personal Credits Fully Allowed Against Regular
Tax Liability.--
            (1) In general.--Subsection (a) of section 26 of such Code
        (relating to limitation based on amount of tax) is amended to
        read as follows:
    ``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
            ``(1) the taxpayer's regular tax liability for the taxable
        year reduced by the foreign tax credit allowable under section
        27(a), and
            ``(2) the tax imposed by section 55(a) for the taxable
        year.''
            (2) Repeal of reduction of refundable tax credits.--
                    (A) Subsection (d) of section 24 of such Code is
                amended by striking paragraph (2) and redesignating
                paragraph (3) as paragraph (2).
                    (B) Section 32 of such Code is amended by striking
                subsection (h).
            (3) Conforming amendment.--Section 904 of such Code is
        amended by striking subsection (h).
    (d) Limitation on Use of Credit for Prior Year Minimum Tax
Liability.--Subsection (c) of section 53 of such Code is amended to
read as follows:
    ``(c) Limitation.--
            ``(1) In general.--Except as otherwise provided in this
        subsection, the credit allowable under subsection (a) for any
        taxable year shall not exceed the excess (if any) of--
                    ``(A) the regular tax liability of the taxpayer for
                such taxable year reduced by the sum of the credits
                allowable under subparts A, B, D, E, and F of this
                part, over
                    ``(B) the tentative minimum tax for the taxable
                year.
            ``(2) Taxable years beginning after 2010.--In the case of
        any taxable year beginning after 2010, the credit allowable
        under subsection (a) to a taxpayer other than a corporation for
        any taxable year shall not exceed 90 percent of the excess (if
        any) of--
                    ``(A) regular tax liability of the taxpayer for
                such taxable year, over
                    ``(B) the sum of the credits allowable under
                subparts A, B, D, E, and F of this part.''.
    (e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

Output: Alternative Minimum Tax Repeal Act of 2001 - Amends the alternative minimum tax provisions of the Internal Revenue Code to: (1) state that the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2010, shall be zero; and (2) provide for reductions in such tax until such time.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Ecology Protection Act
of 2000''.

SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED.

    (a) In General.--Section 1101(b) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (33 U.S.C. 4711(b)) is
amended by striking paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--The Secretary of Transportation shall
        issue regulations to prevent the introduction and spread of
        aquatic nuisance species within the Great Lakes.
            ``(2) Contents of the regulations.--The regulations
        required by paragraph (1) shall--
                    ``(A) ensure to the maximum extent practicable that
                ballast water containing aquatic nuisance species is
                not discharged into the Great Lakes;
                    ``(B) protect the safety of each vessel, its crew,
                and passengers, if any;
                    ``(C) apply to all vessels capable of discharging
                ballast water, whether equipped with ballast water tank
                systems of otherwise, that enter the Great Lakes after
                operating on waters beyond the exclusive economic zone;
                    ``(D) require such vessels to--
                            ``(i) carry out any discharge or exchange
                        of ballast water before entering the Great
                        Lakes; or
                            ``(ii) carry out any discharge or exchange
                        of ballast water within the Great Lakes only in
                        compliance with the regulations;
                    ``(E) take into consideration different vessel
                operating conditions;
                    ``(F) require the use of environmentally sound
                treatment methods for ballast water and ballast
                sediments, such as sterilization, in preventing and
                controlling infestations of aquatic nuisance species;
                    ``(G) provide for certification by the master of
                each vessel entering the Great Lakes that such vessel
                is in compliance with the regulations;
                    ``(H) assure compliance through--
                            ``(i) sampling procedures;
                            ``(ii) inspection of records; and
                            ``(iii) imposition of sanctions in
                        accordance with subsection (g)(1);
                    ``(I) be based on the best scientific information
                available;
                    ``(J) not supersede or adversely affect any
                requirement or prohibition pertaining to the discharge
                of ballast water into the waters of the United States
                under the Federal Water Pollution Control Act (33
                U.S.C. 1251 et seq.); and
                    ``(K) include such other matters as the Secretary
                considers appropriate.''.
    (b) Sterilization Defined.--Section 1003 of such Act (33 U.S.C.
4702) is amended by--
            (1) redesignating paragraphs (13), (14), (15), (16), and
        (17) in order as paragraphs (14), (15), (16), (17), and (18);
        and
            (2) inserting after paragraph (12) the following:
            ``(13) `sterilization' means the treatment of sediments in
        ballast water tanks to remove or destroy all living biological
        organisms through--
                    ``(A) filtration;
                    ``(B) the application of biocides or ultraviolet
                light; or
                    ``(C) thermal methods;
                    ``(D) other treatment techniques approved by the
                Secretary;''.
    (c) Maximizing Public Participation in the Formulation of Required
Regulations.--The Secretary of Transportation shall maximize public
participation in the issuance of regulations required by the amendment
made by subsection (a), by--
            (1) publishing an advance notice of proposed rulemaking;
            (2) publishing the advance notice of proposed rulemaking
        and the proposed rule through means designed to reach persons
        likely to be subject to or affected by the regulations,
        including electronic means;
            (3) making the text of the advance notice of proposed
        rulemaking and of the proposed rule available through
        electronic means;
            (4) providing not less than 120 days for public comment on
        the proposed rule;
            (5) providing for an effective date that is not less than
        30 days after the date of publication of the final rule; and
            (6) such other means as the Secretary considers
        appropriate.
    (d) Required Regulatory Schedule.--
            (1) Issuance of advance notice of proposed rulemaking.--The
        Secretary shall issue an advance notice of proposed rulemaking
        for the regulations required by the amendment made by
        subsection (a) within 30 days after the date of enactment of
        this Act.
            (2) Issuance of final regulations.--The Secretary shall
        issue final regulations required by the amendment made by
        subsection (a) within 180 days after the date of enactment of
        this Act.

Output: Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Minerals and Materials
Promotion Act of 2011''.

SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS.

    In this Act:
            (1) In general.--The term ``critical minerals and
        materials'' means naturally occurring, nonliving, nonfuel
        substances with a definite chemical composition--
                    (A) that perform an essential function for which no
                satisfactory substitutes exist; and
                    (B) the supply of which has a high probability of
                becoming restricted, leading to physical unavailability
                or excessive costs for the applicable minerals and
                materials in key applications.
            (2) Exclusions.--The term ``critical minerals and
        materials'' does not include ice, water, or snow.

SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR CRITICAL
              MINERALS AND MATERIALS.

    (a) In General.--The Secretary of the Interior, acting through the
United States Geological Survey, shall establish a research and
development program--
            (1) to provide data and scientific analyses for research
        on, and assessments of the potential for, undiscovered and
        discovered resources of critical minerals and materials in the
        United States and other countries; and
            (2) to analyze and assess current and future critical
        minerals and materials supply chains--
                    (A) with advice from the Energy Information
                Administration on future energy technology market
                penetration; and
                    (B) using the Mineral Commodity Summaries produced
                by the United States Geological Survey.
    (b) Global Supply Chain.--The Secretary shall, if appropriate,
cooperate with international partners to ensure that the program
established under subsection (a) provides analyses of the global supply
chain of critical minerals and materials.

SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS AND
              MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY TECHNOLOGIES.

    The Secretary of Energy shall conduct a program of research,
development, and demonstration to strengthen the domestic critical
minerals and materials supply chain for clean energy technologies and
to ensure the long-term, secure, and sustainable supply of critical
minerals and materials sufficient to strengthen the national security
of the United States and meet the clean energy production needs of the
United States, including--
            (1) critical minerals and materials production, processing,
        and refining;
            (2) minimization of critical minerals and materials in
        energy technologies;
            (3) recycling of critical minerals and materials; and
            (4) substitutes for critical minerals and materials in
        energy technologies.

SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND MATERIAL
              SCIENCE AND ENGINEERING FOR CRITICAL MINERALS AND
              MATERIALS PRODUCTION.

    (a) In General.--The Secretary of Energy shall promote the
development of the critical minerals and materials industry workforce
in the United States.
    (b) Support.--In carrying out subsection (a), the Secretary shall
support--
            (1) critical minerals and materials education by providing
        undergraduate and graduate scholarships and fellowships at
        institutions of higher education, including technical and
        community colleges;
            (2) partnerships between industry and institutions of
        higher education, including technical and community colleges,
        to provide onsite job training; and
            (3) development of courses and curricula on critical
        minerals and materials.

SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS.

    (a) Policy.--It is the policy of the United States to promote an
adequate and stable supply of critical minerals and materials necessary
to maintain national security, economic well-being, and industrial
production with appropriate attention to a long-term balance between
resource production, energy use, a healthy environment, natural
resources conservation, and social needs.
    (b) Implementation.--To implement the policy described in
subsection (a), the President, acting through the Executive Office of
the President, shall--
            (1) coordinate the actions of applicable Federal agencies;
            (2) identify critical minerals and materials needs and
        establish early warning systems for critical minerals and
        materials supply problems;
            (3) establish a mechanism for the coordination and
        evaluation of Federal critical minerals and materials programs,
        including programs involving research and development, in a
        manner that complements related efforts carried out by the
        private sector and other domestic and international agencies
        and organizations;
            (4) promote and encourage private enterprise in the
        development of economically sound and stable domestic critical
        minerals and materials supply chains;
            (5) promote and encourage the recycling of critical
        minerals and materials, taking into account the logistics,
        economic viability, environmental sustainability, and research
        and development needs for completing the recycling process;
            (6) assess the need for and make recommendations concerning
        the availability and adequacy of the supply of technically
        trained personnel necessary for critical minerals and materials
        research, development, extraction, and industrial practice,
        with a particular focus on the problem of attracting and
        maintaining high-quality professionals for maintaining an
        adequate supply of critical minerals and materials; and
            (7) report to Congress on activities and findings under
        this subsection.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

Output:
Critical Minerals and Materials Promotion Act of 2011 - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a research and development program to: (1) provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; (2) analyze and assess current and future critical minerals and materials supply chains; and (3) cooperate with international partners to ensure that the research and assessment programs provide analyses of the global supply chain of critical minerals and materials.

Directs the Secretary of Energy (DOE) to conduct a research, development, and demonstration program to strengthen the domestic critical minerals and materials supply chain for clean energy technologies, and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security and meet the clean energy production needs of the United States.

Directs the Secretary of Energy to promote the development of the critical minerals and materials industry workforce in the United States by supporting: (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials.

Expresses the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Directs the President take specified steps to implement such policy.


Input:
SECTION 1. SHORT TITLE.

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

SEC. 2. MILITARY SEXUAL ABUSE.

    (a) Sexual Abuse.--Section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 920. Art. 120. Sexual abuse
    ``(a) Any person subject to this chapter who knowingly--
            ``(1) causes another person to engage in a sexual act by
        using force against that other person;
            ``(2) causes another person to engage in a sexual act by
        threatening or placing that other person in fear that any
        person will be subjected to death, grievous bodily harm, or
        kidnapping;
            ``(3) renders another person unconscious and thereby
        engages in a sexual act with that other person; or
            ``(4) administers to another person by force or threat of
        force, or without the knowledge or permission of that other
        person, a drug, intoxicant, or other similar substance and
        thereby--
                    ``(A) substantially impairs the ability of that
                other person to appraise or control conduct; and
                    ``(B) engages in a sexual act with that other
                person;
is guilty of aggravated sexual abuse and shall be punished as a court-
martial may direct.
    ``(b) Any person subject to this chapter who knowingly engages in a
sexual act with another person who has not attained the age of twelve
years is guilty of aggravated sexual abuse of a child and shall be
punished as a court-martial may direct. In a prosecution under this
subsection, it need not be proven that the accused knew that the other
person engaging in the sexual act had not attained the age of twelve
years.
    ``(c) Any person subject to this chapter who knowingly--
            ``(1) causes another person to engage in a sexual act by
        threatening or placing that other person in fear (other than by
        threatening or placing that other person in fear that any
        person will be subjected to death, grievous bodily harm, or
        kidnapping); or
            ``(2) engages in a sexual act with another person if that
        other person is--
                    ``(A) incapable of appraising the nature of the
                conduct; or
                    ``(B) physically incapable of declining
                participation in, or communicating unwillingness to
                engage in, that sexual act;
is guilty of sexual abuse and shall be punished as a court-martial may
direct.
    ``(d)(1) Any person subject to this chapter who knowingly engages
in a sexual act with another person who--
            ``(A) has attained the age of twelve years but has not
        attained the age of sixteen years; and
            ``(B) is not that person's spouse;
is guilty of sexual abuse of a minor and shall be punished as a court-
martial may direct.
    ``(2) In a prosecution under this subsection, it need not be proven
that the accused knew the age of the other person engaging in the
sexual act.
    ``(3) In a prosecution under this subsection, it is an affirmative
defense that the accused reasonably believed that the other person had
attained the age of sixteen years. The accused has the burden of
proving a defense under this paragraph by a preponderance of the
evidence.
    ``(e) Any person subject to this chapter who knowingly engages in a
sexual act with another person who is--
            ``(1) in official detention or confinement;
            ``(2) under the custodial, supervisory, or disciplinary
        authority of the person so engaging; and
            ``(3) is not that person's spouse;
is guilty of sexual abuse of a prisoner and shall be punished as a
court-martial may direct.
    ``(f) In this section, the term `sexual act' means--
            ``(1) contact between the penis and the vulva or the penis
        and the anus, and for purposes of this subparagraph contact
        involving the penis occurs upon penetration, however slight;
            ``(2) contact between the mouth and the penis, the mouth
        and the vulva, or the mouth and the anus;
            ``(3) the penetration, however slight, of the anal or
        genital opening of another by a hand or finger or by any
        object, with an intent to abuse, humiliate, harass, degrade, or
        arouse or gratify the sexual desire of any person; or
            ``(4) the intentional touching, not through the clothing,
        of the genitalia of another person who has not attained the age
        of sixteen years with an intent to abuse, humiliate, harass,
        degrade, or arouse or gratify the sexual desire of any
        person.''.
    (b) Conforming Amendments.--(1) Paragraph (4) of section 918 of
title 10, United States Code (article 118 of the Uniform Code of
Military Justice), is amended by striking ``rape,'' and inserting
``aggravated sexual abuse, aggravated sexual abuse of a child,''.
    (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United
States Code (article 43 of the Uniform Code of Military Justice), is
amended by striking ``Rape or carnal knowledge'' and inserting
``Aggravated sexual abuse of a child or sexual abuse of a minor''.
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 10, United States Code, is amended by striking the
item relating to section 920 and inserting the following new item:

``920. Art. 120. Sexual abuse.''.
    (d) Effective Date.--The amendments made by this section shall take
effect 6 months after the date of the enactment of this Act and apply
with respect to offenses committed after such effective date.
    (e) Interim Maximum Punishments.--Until the President otherwise
provides pursuant to section 856 of title 10, United States Code
(article 56 of the Uniform Code of Military Justice), the punishment
which a court-martial may direct for an offense under section 920 of
such title (article 120 of the Uniform Code of Military Justice), as
amended by this section, may not exceed the following limits:
            (1) For aggravated sexual abuse or aggravated sexual abuse
        of a child, such punishment may not exceed dishonorable
        discharge, forfeiture of all pay and allowances, and
        confinement for life without eligibility for parole.
            (2) For sexual abuse or sexual abuse of a minor, such
        punishment may not exceed dishonorable discharge, forfeiture of
        all pay and allowances, and confinement for twenty years.
            (3) For sexual abuse of a prisoner, such punishment may not
        exceed bad-conduct discharge, forfeiture of all pay and
        allowances, and confinement for one year.
    (f) No Preemption.--The prosecution or punishment of an accused for
an offense under section 920 of title 10, United States Code (article
120 of the Uniform Code of Military Justice), as amended by this
section, does not preclude the prosecution or punishment of that
accused for any other offense.

Output:
Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force; (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) by rendering another person unconscious; (4) by administering to another person an impairing drug or intoxicant; or (5) with a person under 12 years of age whether or not the accused knew the person's age.

Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear (other than in a manner that would constitute aggravated sexual abuse); (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining; or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16.

Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the accused; and (3) is not the accused's spouse.

Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each.