Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police Creating Accountability by
Making Effective Recording Available Act of 2015'' or the ``Police
CAMERA Act''.

SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

``PART LL--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BODY-WORN CAMERAS

``SEC. 3021. GRANT PROGRAM AUTHORIZED.

    ``(a) In General.--The Assistant Attorney General for the Office of
Justice Programs (in this section referred to as the `Assistant
Attorney General') may make grants to States, units of local
government, and Indian tribes to purchase or lease body-worn cameras
for use by State, local, and tribal law enforcement officers (as
defined in section 2503) and expenses related to the implementation of
a body-worn camera program in order to deter excessive force, improve
accountability and transparency of use of force by law enforcement
officers, assist in responding to complaints against law enforcement
officers, and improve evidence collection.
    ``(b) Duration of Grants.--
            ``(1) In general.--Grants awarded under this part shall be
        2 years in duration.
            ``(2) Disbursement of grant amount.--In disbursing a grant
        awarded to an entity under this section--
                    ``(A) upon awarding the grant to the entity, the
                Assistant Attorney General shall disburse 50 percent of
                the total grant amount to the entity; and
                    ``(B) upon demonstration by the entity of
                completion of the requirements in subsection (d)(1),
                the Assistant Attorney General shall disburse the
                remaining 50 percent of the total grant amount to the
                entity.
    ``(c) Use of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local
        government, or Indian tribe; and
            ``(2) used for--
                    ``(A) the purchase or lease of body-worn cameras
                for law enforcement officers on patrol in the
                jurisdiction of the grantee;
                    ``(B) any costs relating to the implementation of a
                body-worn camera program, including law enforcement
                officer training or the storage or maintenance of data
                collected under a body-worn camera program; or
                    ``(C) implementing policies or procedures to comply
                with the requirements described in subsection (d).
    ``(d) Requirements.--
            ``(1) In general.--The Assistant Attorney General shall
        award a grant under this section to a State, unit of local
        government, or Indian tribe requesting the grant that commits
        to--
                    ``(A) establishing policies and procedures in
                accordance with the requirements described in paragraph
                (2) before law enforcement officers use of body-worn
                cameras;
                    ``(B) adopting data collection and retention
                protocols as described in paragraph (3) before law
                enforcement officers use of body-worn cameras;
                    ``(C) making the policies and protocols described
                in subparagraphs (A) and (B) available to the public;
                and
                    ``(D) complying with the requirements for use of
                data under paragraph (4).
            ``(2) Required policies and procedures.--An entity
        receiving a grant under this section shall--
                    ``(A) develop with community input and publish for
                public view policies and protocols for--
                            ``(i) the safe and effective use of body-
                        worn cameras;
                            ``(ii) the secure storage, handling, and
                        destruction of data collected by body-worn
                        cameras;
                            ``(iii) protecting the privacy rights of
                        any individual who may be recorded by a body-
                        worn camera; and
                            ``(iv) the release of any data collected by
                        a body-worn camera in accordance with the open
                        records laws, if any, of the State; and
                    ``(B) conduct periodic evaluations of the security
                of the storage and handling of the body-worn camera
                data.
            ``(3) Data collection and retention protocol.--The data
        collection and retention protocol described in this paragraph
        is a protocol that--
                    ``(A) requires--
                            ``(i) a law enforcement officer who is
                        wearing a body-mounted camera to provide an
                        explanation if an activity that is required to
                        be recorded by the body-mounted camera is not
                        recorded;
                            ``(ii) a law enforcement officer who is
                        wearing a body-mounted camera to obtain consent
                        to be recorded from a crime victim or witness
                        before interviewing the victim or witness;
                            ``(iii) the collection of data unrelated to
                        a legitimate law enforcement purpose be
                        minimized to the greatest extent practicable;
                            ``(iv) the system used to store data
                        collected by body-worn cameras shall log all
                        viewing, modification, or deletion of stored
                        data and shall prevent, to the greatest extent
                        practicable, the unauthorized access or
                        disclosure of stored data;
                            ``(v) any law enforcement officer be
                        prohibited from accessing the stored data
                        without an authorized purpose; and
                            ``(vi) the law enforcement agency to
                        collect and report data on--
                                    ``(I) incidences of use of force,
                                disaggregated by race, ethnicity,
                                gender, and age of the victim;
                                    ``(II) the number of complaints
                                filed against law enforcement officers;
                                    ``(III) the disposition of
                                complaints filed against law
                                enforcement officers; and
                                    ``(IV) the number of times camera
                                footage is used for evidence collection
                                in investigations of crimes;
                    ``(B) allows an individual to file a complaint with
                a law enforcement agency relating to the improper use
                of body-worn cameras; and
                    ``(C) complies with any other requirements
                established by the Assistant Attorney General.
            ``(4) Use or transfer of data.--
                    ``(A) In general.--Data collected by an entity
                receiving a grant under this section from a body-
                mounted camera shall be used only in internal and
                external investigations of misconduct by a law
                enforcement agency or officer, if there is reasonable
                suspicion that a recording contains evidence of a
                crime, or for limited training purposes. The Assistant
                Attorney General shall establish rules to ensure that
                the data is used only for the purposes described in
                this subparagraph.
                    ``(B) Prohibition on transfer.--Except as provided
                in subparagraph (B), an entity receiving a grant under
                this section may not transfer any data collected by the
                entity from a body-mounted camera to another law
                enforcement or intelligence agency.
                    ``(C) Exceptions.--
                            ``(i) Criminal investigation.--An entity
                        receiving a grant under this section may
                        transfer data collected by the entity from a
                        body-mounted camera to another law enforcement
                        agency or intelligence agency for use in a
                        criminal investigation if the requesting law
                        enforcement or intelligence agency has
                        reasonable suspicion that the requested data
                        contains evidence relating to the crime being
                        investigated.
                            ``(ii) Civil rights claims.--An entity
                        receiving a grant under this section may
                        transfer data collected by the law enforcement
                        agency from a body-mounted camera to another
                        law enforcement agency for use in an
                        investigation of any right, privilege, or
                        immunity secured or protected by the
                        Constitution or laws of the United States.
    ``(e) Matching Funds.--
            ``(1) In general.--Except as provided in paragraph (3), the
        Federal share of the cost of a program carried out using a
        grant under this part may not exceed 75 percent of the total
        cost of the program.
            ``(2) Indian assistance.--Any funds appropriated by
        Congress for the activities of any agency of an Indian tribal
        government or the Bureau of Indian Affairs performing law
        enforcement functions on any Indian lands may be used to
        provide the non-Federal share of the matching requirement
        described in paragraph (1).
            ``(3) Waiver.--The Assistant Attorney General may waive, in
        whole or in part, the matching requirement described in
        paragraph (1) in the case of fiscal hardship, as determined by
        the Assistant Attorney General.
    ``(f) Allocation of Funds.--For fiscal years 2015 and 2016, of the
amounts appropriated to the Office of Justice Programs, $10,000,000
shall be used to carry out this part.

``SEC. 3022. APPLICATIONS.

    ``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Assistant Attorney General in such form
and containing such information as the Assistant Attorney General may
reasonably require.
    ``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Assistant Attorney General shall promulgate
regulations to implement this part, including the information that
shall be included and the requirements that the States, units of local
government, and Indian tribes must meet in submitting the applications
required under this section.

``SEC. 3023. STUDY.

    ``(a) In General.--Not later than 2 years after the date on which
all grants are awarded under this part, the Assistant Attorney General
shall conduct a study on--
            ``(1) the efficacy of body-worn cameras in deterring
        excessive force by law enforcement officers;
            ``(2) the impact of body-worn cameras on the accountability
        and transparency of the use of force by law enforcement
        officers;
            ``(3) the impact of body-worn cameras on responses to and
        adjudications of complaints of excessive force;
            ``(4) the effect of the use of body-worn cameras on the
        safety of law enforcement officers on patrol;
            ``(5) the effect of the use of body-worn cameras on public
        safety;
            ``(6) the impact of body-worn cameras on evidence
        collection for criminal investigations;
            ``(7) issues relating to the secure storage and handling of
        data from the body-worn cameras;
            ``(8) issues relating to the privacy of citizens and
        officers recorded on body-worn cameras;
            ``(9) issues relating to the public's access to body-worn
        camera footage;
            ``(10) the need for proper training of law enforcement
        officers that use body-worn cameras;
            ``(11) best practices in the development of protocols for
        the safe and effective use of body-worn cameras; and
            ``(12) any other factors that the Assistant Attorney
        General determines are relevant in evaluating the efficacy of
        body-worn cameras.
    ``(b) Report.--Not later than 180 days after the date on which the
study required under subsection (a) is completed, the Assistant
Attorney General shall submit to Congress a report on the study.''.

Output: Police Creating Accountability by Making Effective Recording Available Act of 2015 or the Police CAMERA Act Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Assistant Attorney General for the Office of Justice Programs to make grants to states, local governments, and Indian tribes to purchase or lease body-worn cameras for use by law enforcement officers, and for expenses related to the implementation of a body-worn camera program, in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against officers, and improve evidence collection.  Requires a grantee to: (1) develop, with community input, policies for the safe and effective use of body-worn cameras, for the secure storage, handling, and destruction of data collected, for protecting the privacy rights of any individual who may be recorded, and for the release of any data collected in accordance with the open records laws of the state; and (2) conduct periodic evaluations of the security of the storage and handling of the body-worn camera data.  Requires a grantee to adopt data collection and retention protocols that:   require an officer wearing a camera to provide an explanation if an activity that is required to be recorded is not recorded and to obtain a crime victim's or witness's consent to be recorded before interviewing him or her; minimize the collection of data unrelated to a legitimate law enforcement purpose;  require the system used to store collected data to log all viewing, modification, or deletion of such data and to prevent its unauthorized access or disclosure; prohibit any law enforcement officer from accessing the stored data without an authorized purpose;  require the law enforcement agency to collect and report data on incidences of use of force, the number of complaints filed against officers, the disposition of such complaints, and the number of times camera footage is used for evidence collection in investigations of crimes; and allow an individual to file a complaint with a law enforcement agency relating to the improper use of such cameras.  Allows data collected by a grantee to be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. Prohibits a grantee from transferring any collected data to another law enforcement or intelligence agency, with specified exceptions for investigations of crimes and civil rights violations.  Directs the Assistant Attorney General to study and report to Congress on the efficacy of body-worn cameras.


Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Worker Adjustment
and Retraining Notification Amendments Act''.
    (b) Reference.--Except as specifically provided otherwise, whenever
in this Act an amendment or repeal 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 a section or other provision of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).

SEC. 2. DEFINITIONS.

    (a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1)
through (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to
read as follows:
            ``(1) the term `employer' means any business enterprise
        that employs 50 or more employees;
            ``(2) the term `plant closing' means--
                    ``(A) the permanent or temporary shutdown of a
                single site of employment, or of one or more facilities
                or operating units within a single site of employment,
                which results in an employment loss at such site,
                during any 30-day period, for 25 or more employees; or
                    ``(B) the permanent or temporary shutdown of one or
                more sites of employment, or of one or more facilities
                or operating units within such sites, which results in
                an employment loss, during any 30-day period, for 100
                or more employees.
            ``(3) the term `mass layoff' means--
                    ``(A) a reduction in force at a single site of
                employment which results in an employment loss at such
                site, during any 30-day period, for 25 or more
                employees; or
                    ``(B) a reduction in force which results in an
                employment loss, during any 30-day period, for 100 or
                more employees.''.
    (b) Conforming Amendments.--
            (1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by
        striking out ``, each of which is less than the minimum number
        of employees specified in section 2(a) (2) or (3) but which in
        the aggregate exceed that minimum number,'' and inserting in
        lieu thereof ``which in the aggregate exceed the minimum number
        of employees specified in section 2(a) (2) or (3)''.
            (2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is
        amended by striking ``(other than a part-time employee)''.
    (c) Secretary of Labor.--
            (1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C.
        2101(a)(8)) is amended to read as follows:
            ``(8) the term `Secretary' means the Secretary of Labor or
        a representative of the Secretary of Labor.''.
            (2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is
        amended by striking ``of Labor''.

SEC. 3. NOTICE.

    (a) Period.--Section 3 (29 U.S.C. 2102) is amended--
            (1) in subsection (a), by striking ``a 60-day period
        after'' and inserting ``the applicable notice period required
        after'';
            (2) in subsection (b), by striking ``60-day period'' each
        place such term appears and inserting ``notice period'';
            (3) by redesignating subsections (b) through (d) as
        subsections (c) through (e), respectively; and
            (4) by inserting after subsection (a), the following new
        subsection:
    ``(b) Notice Period.--As used in this section, the term `notice
period' means--
            ``(1) in the case of a plant closing or mass layoff which
        results in an employment loss for at least 25 but not more than
        49 employees, 30 days;
            ``(2) in the case of a plant closing or mass layoff which
        results in an employment loss for at least 50 but not more than
        99 employees, 60 days; and
            ``(3) in the case of a plant closing or mass layoff which
        results in an employment loss for at least 100 employees, 90
        days.''.
    (b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1))
is amended in the matter following subparagraph (B), by striking ``60
days'' and inserting ``the applicable notice period''.
    (c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended
by striking ``or, if there is no such representative at that time, to
each affected employee'' and inserting ``and to each affected
employee''.

SEC. 4. ENFORCEMENT.

    (a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' at the end
        thereof;
            (2) by redesignating subparagraph (B) as subparagraph (D);
        and
            (3) by inserting after subparagraph (A) the following new
        subparagraphs:
            ``(B) interest on the amount described in subparagraph (A)
        calculated at the prevailing rate;
            ``(C) an additional amount as liquidated damages equal to
        the sum of the amount described in subparagraph (A) and the
        interest described in subparagraph (B); and''.
    (b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended
by striking ``reduce the amount of the liability or penalty provided
for in this section'' and inserting ``reduce the amount of the
liability under subparagraph (C) of paragraph (1) and reduce the amount
of the penalty provided for in paragraph (3)''.
    (c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C.
2104(a)(5)) is amended--
            (1) by striking ``may sue,'' and inserting ``may,'';
            (2) by inserting after ``both,'' the following: ``(A) file
        a complaint with the Secretary alleging a violation of section
        3, or (B) bring suit''; and
            (3) by adding at the end thereof the following new
        sentence: ``A person seeking to enforce such liability may use
        one or both of the enforcement mechanisms described in
        subparagraphs (A) and (B).''.
    (d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is
amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by inserting after subsection (a) the following new
        subsections:
    ``(b) Action by the Secretary.--
            ``(1) Administrative action.--The Secretary shall receive,
        investigate, and attempt to resolve complaints of violations of
        section 3 by an employer in the same manner that the Secretary
        receives, investigates, and attempts to resolve complaints of
        violations of sections 6 and 7 of the Fair Labor Standards Act
        of 1938 (29 U.S.C. 206 and 207).
            ``(2) Subpoena powers.--For the purposes of any
        investigation provided for in this section, the Secretary shall
        have the subpoena authority provided for under section 9 of the
        Fair Labor Standards Act of 1938 (29 U.S.C. 209).
            ``(3) Civil action.--The Secretary may bring an action in
        any court of competent jurisdiction to recover on behalf of an
        employee the back pay, interest, benefits, and liquidated
        damages described in subsection (a)(1).
            ``(4) Sums recovered.--Any sums recovered by the Secretary
        on behalf of an employee under subparagraphs (A), (B), and (D)
        of section 5(a)(1) shall be held in a special deposit account
        and shall be paid, on order of the Secretary, directly to each
        employee affected. Any such sums not paid to an employee
        because of inability to do so within a period of 3 years, and
        any sums recovered by the Secretary under subparagraph (C) of
        section 5(a)(1), shall be credited as an offsetting collection
        to the appropriations account of the Secretary of Labor for
        expenses for the administration of this Act and shall remain
        available to the Secretary until expended.
            ``(5) Action to compel relief by secretary.--The district
        courts of the United States shall have jurisdiction, for cause
        shown, over an action brought by the Secretary to restrain the
        withholding of payment of back pay, interest, benefits, or
        other compensation, plus interest, found by the court to be due
        to employees under this Act.
    ``(c) Limitations Period.--
            ``(1) In general.--An action may be brought under this
        section not later than 2 years after the date of the last event
        constituting the alleged violation for which the action is
        brought.
            ``(2) Commencement.--In determining when an action is
        commenced under this section for the purposes of paragraph (1),
        it shall be considered to be commenced on the date on which the
        complaint is filed.''.

SEC. 5. POSTING OF NOTICES; PENALTIES.

    The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end
thereof the following new section:

``SEC. 11. POSTING OF NOTICES; PENALTIES.

    ``(a) Posting of Notices.--Each employer shall post and keep posted
in conspicuous places upon its premises where notices to employees are
customarily posted a notice to be prepared or approved by the Secretary
of Labor setting forth excerpts from, or summaries of, the pertinent
provisions of this chapter and information pertinent to the filing of a
complaint.
    ``(b) Penalties.--A willful violation of this section shall be
punishable by a fine of not more than $100 for each separate
offense.''.

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on
the date of the enactment of this Act.

Output:
Worker Adjustment and Retraining Notification Amendments Act - Amends the Worker Adjustment and Retraining Act to cover employers of 50 or more employees (currently 100).
Covers single-site plant closings or mass layoffs affecting 25 or more employees (currently 500 or more, or 50 or more if this comprises one-third of the workers at the site).
Eliminates the single-site requirement for plant closings or mass layoffs affecting 100 or more employees, thus covering such closings or layoffs by one employer regardless of the number of sites involved.
Specifies that the 90-day aggregate rule covers all related layoffs within that period, whether or not they are each above or below the threshold levels.
Extends coverage to part-time employees.
(Sec. 3) Revises the notice period based on the number of employees affected:  (1) 25-49, 30 days; (2) 50-99, 60 days; and (3) 100 or more, 90 days.  (The current period is 60 days.)
Requires employer notice to each affected employee (as well as to the employee representative, if there is one).
(Sec. 4) Revises and adds enforcement requirements.
Adds to employer liability for violations:  (1) interest on back pay owed; and (2) an additional amount as liquidated damages equal to the back pay and interest.
Limits a good faith exemption to reduction of liability for interest and for a civil penalty.
Allows aggrieved employees to enforce employer liability by bringing suit and/or filing a complaint with the Secretary of Labor. Directs the Secretary to investigate and resolve such complaints. Authorizes the Secretary to bring civil actions on behalf of the employee for back pay, interest, benefits, and liquidated damages.
Establishes a two-year statute of limitations.
(Sec. 5) Requires employers to post notices to employees of pertinent provisions of the Act and information on filing complaints.  Establishes fines for willful violations of such posting requirement.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense of Environment and Property
Act of 2012''.

SEC. 2. NAVIGABLE WATERS.

    (a) In General.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting
the following:
            ``(7) Navigable waters.--
                    ``(A) In general.--The term `navigable waters'
                means the waters of the United States, including the
                territorial seas, that are--
                            ``(i) navigable-in-fact; or
                            ``(ii) permanent, standing, or continuously
                        flowing bodies of water that form geographical
                        features commonly known as streams, oceans,
                        rivers, and lakes that are connected to waters
                        that are navigable-in-fact.
                    ``(B) Exclusions.--The term `navigable waters' does
                not include--
                            ``(i) waters that--
                                    ``(I) do not physically abut waters
                                described in subparagraph (A); and
                                    ``(II) lack a continuous surface
                                water connection to navigable waters;
                            ``(ii) man-made or natural structures or
                        channels--
                                    ``(I) through which water flows
                                intermittently or ephemerally; or
                                    ``(II) that periodically provide
                                drainage for rainfall; or
                            ``(iii) wetlands without a continuous
                        surface connection to bodies of water that are
                        waters of the United States.
                    ``(C) EPA and corps activities.--An activity
                carried out by the Administrator or the Corps of
                Engineers shall not, without explicit State
                authorization, impinge upon the traditional and primary
                power of States over land and water use.
                    ``(D) Aggregation; wetlands.--
                            ``(i) Aggregation.--Aggregation of wetlands
                        or waters not described in clauses (i) through
                        (iii) of subparagraph (B) shall not be used to
                        determine or assert Federal jurisdiction.
                            ``(ii) Wetlands.--Wetlands described in
                        subparagraph (B)(iii) shall not be considered
                        to be under Federal jurisdiction.
                    ``(E) Appeals.--A jurisdictional determination by
                the Administrator that would affect the ability of a
                State to plan the development and use (including
                restoration, preservation, and enhancement) of land and
                water resources may be appealed by the State during the
                30-day period beginning on the date of the
                determination.
                    ``(F) Treatment of ground water.--Ground water
                shall--
                            ``(i) be considered to be State water; and
                            ``(ii) not be considered in determining or
                        asserting Federal jurisdiction over isolated or
                        other waters, including intermittent or
                        ephemeral water bodies.''.
    (b) Prohibition on Use of Nexus Test.--Notwithstanding any other
provision of law, the Administrator of the Environmental Protection
Agency may not use a significant nexus test (as used by the
Environmental Protection Agency in the document listed in section
3(a)(3) of this Act) to determine Federal jurisdiction over navigable
waters and waters of the United States (as those terms are defined and
used, respectively, in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362)).
    (c) Applicability.--Nothing in this section or the amendments made
by this section affects or alters any exemption under--
            (1) section 402(l) of the Federal Water Pollution Control
        Act (33 U.S.C. 1342(l)); or
            (2) section 404(f) of the Federal Water Pollution Control
        Act (33 U.S.C. 1344(f)).

SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE.

    (a) In General.--The following regulations and guidance shall have
no force or effect:
            (1) The final rule of the Corps of Engineers entitled
        ``Final Rule for Regulatory Programs of the Corps of
        Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)).
            (2) The proposed rule of the Environmental Protection
        Agency entitled ``Advance Notice of Proposed Rulemaking on the
        Clean Water Act Regulatory Definition of `Waters of the United
        States''' (68 Fed. Reg. 1991 (January 15, 2003)).
            (3) The guidance document entitled ``Clean Water Act
        Jurisdiction Following the U.S. Supreme Court's Decision in
        `Rapanos v. United States' & `Carabell v. United States'''
        (December 2, 2008) (relating to the definition of waters under
        the jurisdiction of the Federal Water Pollution Control Act (33
        U.S.C. 1251 et seq.)).
            (4) Any subsequent regulation of or guidance issued by any
        Federal agency that defines or interprets the term ``navigable
        waters''.
    (b) Prohibition.--The Secretary of the Army, acting through the
Chief of Engineers, and the Administrator of the Environmental
Protection Agency shall not promulgate any rules or issue any guidance
that expands or interprets the definition of navigable waters unless
expressly authorized by Congress.

SEC. 4. STATE REGULATION OF WATER.

    Nothing in this Act affects, amends, or supersedes--
            (1) the right of a State to regulate waters in the State;
        or
            (2) the duty of a landowner to adhere to any State nuisance
        laws (including regulations) relating to waters in the State.

SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES.

    Section 308 of the Federal Water Pollution Control Act (33 U.S.C.
1318) is amended by striking subsection (a) and inserting the
following:
    ``(a) In General.--
            ``(1) Entry by federal agency.--A representative of a
        Federal agency shall only enter private property to collect
        information about navigable waters if the owner of that
        property--
                    ``(A) has consented to the entry in writing;
                    ``(B) is notified regarding the date of the entry;
                and
                    ``(C) is given access to any data collected from
                the entry.
            ``(2) Access.--If a landowner consents to entry under
        paragraph (1), the landowner shall have the right to be present
        at the time any data collection on the property of the
        landowner is carried out.''.

SEC. 6. COMPENSATION FOR REGULATORY TAKING.

    (a) In General.--If a Federal regulation relating to the definition
of navigable waters or waters of the United States diminishes the fair
market value or economic viability of a property, as determined by an
independent appraiser, the Federal agency issuing the regulation shall
pay the affected property owner an amount equal to twice the value of
the loss.
    (b) Administration.--Any payment provided under subsection (a)
shall be made from the amounts made available to the relevant agency
head for general operations of the agency.
    (c) Applicability.--A Federal regulation described in subsection
(a) shall have no force or effect until the date on which each
landowner with a claim under this section relating to that regulation
has been compensated in accordance with this section.

Output:
Defense of Environment and Property Act of 2012 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to redefine "navigable waters" to specify that included territorial seas are those that are: (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall; or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States.

Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use.

Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction; and (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction.

Authorizes states to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination.

Considers ground water to be state water. Prohibits ground water from being considered in determining or asserting federal jurisdiction over isolated or other waters.

Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States.

Gives no force or effect to: (1) the Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers"; (2) EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States'"; (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States (relating to the definition of waters under the jurisdiction of the Clean Water Act); and (4) any subsequent regulation of or guidance issued by federal agencies that defines or interprets the term "navigable waters."

Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress.

Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters.

Requires federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated.


Input:
SECTION 1. STUDY OF HEALTH EFFECTS OF BACKSCATTER X-RAY MACHINES.

    (a) In General.--The Under Secretary for Science and Technology in
the Department of Homeland Security shall provide for the conduct of an
independent study of the effects on human health caused by the use of
backscatter x-ray machines at airline checkpoints operated by the
Transportation Security Administration.
    (b) Requirements for Study.--
            (1) Conduct.--The study required under subsection (a) shall
        be--
                    (A) initiated not later than 90 days after the date
                of the enactment of this Act;
                    (B) conducted by an independent laboratory selected
                by the Under Secretary, in consultation with the
                National Science Foundation, from among laboratories
                with expertise in the conduct of similar studies; and
                    (C) to the maximum extent practicable, consistent
                with standard evaluations of radiological medical
                equipment.
            (2) Testing equipment.--In conducting the study, the
        laboratory shall, to the maximum extent practicable--
                    (A) use calibration testing equipment developed by
                the laboratory for purposes of study; and
                    (B) use commercially available calibration testing
                equipment as a control.
            (3) Elements.--In conducting the study, the laboratory
        shall, to the maximum extent practicable and consistent with
        recognized protocols for independent scientific testing--
                    (A) dismantle and evaluate one or more backscatter
                x-ray machine used at airline checkpoints operated by
                the Transportation Security Administration in order to
                determine--
                            (i) the placement of testing equipment so
                        that radiation emission readings during the
                        testing of such machines are as accurate as
                        possible; and
                            (ii) how best to measure the dose emitted
                        per scan;
                    (B) determine the failure rates and effects of use
                of such machines;
                    (C) include the use of alternative testing methods
                in the determination of levels of radiation exposure
                (such as an examination of enzyme levels after x-ray
                exposure to determine if there is a biological response
                to cellular damage caused by such an exposure);
                    (D) assess the fail-safe mechanisms of such
                machines in order to determine the optimal operating
                efficacy of such machines;
                    (E) ensure that any tests performed are replicable;
                    (F) obtain peer review of any tests performed; and
                    (G) meet such other requirements as the Under
                Secretary shall specify for purposes of the study.
            (4) Report.--
                    (A) Evaluation.--The Under Secretary shall provide
                for an independent panel, in consultation with the
                National Science Foundation, with expertise in
                conducting similar evaluations, to evaluate the data
                collected under the study to assess the health risks
                posed by backscatter x-ray machines to individuals and
                groups of people screened or affected by such machines,
                including--
                            (i) frequent air travelers;
                            (ii) employees of the Transportation
                        Security Administration;
                            (iii) flight crews;
                            (iv) other individuals who work at an
                        airport; and
                            (v) individuals with greater sensitivity to
                        radiation, such as children, pregnant women,
                        the elderly, and cancer patients.
                    (B) Considerations.--In conducting the evaluation
                under subparagraph (A), the panel shall--
                            (i) conduct a literature review of relevant
                        clinical and academic literature; and
                            (ii) consider the risk of backscatter x-ray
                        technology from a public health perspective in
                        addition to the individual risk to each airline
                        passenger.
                    (C) Reports.--
                            (i) Progress reports.--Not later than 90
                        days after the date of the enactment of this
                        Act, and periodically thereafter until the
                        final report is submitted pursuant to clause
                        (ii), the Under Secretary shall submit a report
                        to Congress that contains the preliminary
                        findings of the study conducted under this
                        subsection.
                            (ii) Final report.--Not later than 90 days
                        after the date on which the panel completes the
                        evaluation required under this paragraph, the
                        Under Secretary shall submit a report to
                        Congress that contains the result of the study
                        and evaluation conducted under this subsection.

SEC. 2. SIGNAGE REQUIREMENT RELATING TO BACKSCATTER X-RAY MACHINES.

    The Administrator of the Transportation Security Administration
shall ensure that large, easily readable signs or equivalent electronic
displays are placed at the front of airline passenger check point
queues where backscatter advanced imaging technology machines are used
for screening to inform airline passengers, particularly passengers who
may be sensitive to radiation exposure, that they may request to
undergo alternative screening procedures instead of passing through a
backscatter x-ray machine.

Output:
Directs the Under Secretary for Science and Technology in the Department of Homeland Security (DHS) to arrange for an independent study of the effects on human health caused by the use of backscatter x-ray machines at airline checkpoints operated by the Transportation Security Administration (TSA).

Directs the TSA Administrator to ensure that large, readable signs or equivalent electronic displays are placed at the front of airline passenger check points where backscatter advanced imaging technology machines are used for screening to inform airline passengers that they may request undergoing alternative screening procedures.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers and Veterans
Prescription Drug Safety Act of 2016''.

SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED
              FORCES AND THEIR DEPENDENTS.

    (a) Definitions.--In this section:
            (1) Covered beneficiary.--The term ``covered beneficiary''
        has the meaning given that term in section 1072 of title 10,
        United States Code.
            (2) Covered controlled substance.--The term ``covered
        controlled substance'' means a controlled substance that is
        listed in schedule II, III, IV, or V of section 202(c) of the
        Controlled Substances Act (21 U.S.C. 812(c)).
            (3) Dependent.--The term ``dependent'' has the meaning
        given that term in section 1072 of title 10, United States
        Code.
            (4) Eligible person.--The term ``eligible person'' means--
                    (A) a member of the Armed Forces;
                    (B) an individual who is receiving or is entitled
                to receive retired or retainer pay under chapter 71 of
                title 10, United States Code;
                    (C) a dependent of a member of the Armed Forces, if
                that dependent is a covered beneficiary in receipt of
                health care services under chapter 55 of title 10,
                United States Code; and
                    (D) any person lawfully entitled to dispose of the
                property of a person described in subparagraphs (A)
                through (C) who dies while lawfully in possession of a
                covered controlled substance for personal use.
            (5) Program.--The term ``program'' means the program
        established under subsection (b)(1).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Defense.
    (b) Program Required.--
            (1) In general.--The Secretary and the Attorney General
        shall jointly carry out a program, which shall, except as
        provided in paragraph (2), be carried out in accordance with
        section 302(g) of the Controlled Substances Act (21 U.S.C.
        822(g)), under which an eligible person who has lawfully
        obtained a covered controlled substance in accordance with such
        Act may deliver the covered controlled substance to be disposed
        of at a facility and by a person specified under paragraph (2).
            (2) Delivery of controlled substances.--Notwithstanding the
        requirement under section 302(g)(1) of the Controlled
        Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a
        controlled substance be authorized to receive the controlled
        substance under such Act, the Secretary and the Attorney
        General shall jointly specify the facilities and persons to
        which covered controlled substances may be delivered under the
        program.
    (c) Prevention of Abuse.--In implementing the program, the
Secretary and the Attorney General shall jointly develop appropriate
guidelines and procedures to prevent the diversion, misuse, theft, or
loss of controlled substances delivered under the program.
    (d) Administration of Program.--
            (1) Regulations.--Not later than 1 year after the date of
        enactment of this Act, the Secretary and the Attorney General
        shall jointly prescribe regulations to carry out the program.
            (2) Implementation.--Not later than 1 year after the date
        on which the Secretary and the Attorney General jointly
        prescribe regulations under paragraph (1), the Secretary shall
        fully implement the program.

SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR
              DEPENDENTS.

    (a) Definitions.--In this section:
            (1) Covered controlled substance.--The term ``covered
        controlled substance'' means a controlled substance that is
        listed in schedule II, III, IV, or V of section 202(c) of the
        Controlled Substances Act (21 U.S.C. 812(c)).
            (2) Eligible person.--The term ``eligible person'' means--
                    (A) a veteran;
                    (B) the spouse of a veteran, if the spouse is in
                receipt of medical services under laws administered by
                the Secretary;
                    (C) a dependent of a veteran, if the dependent is
                in receipt of medical services under laws administered
                by the Secretary;
                    (D) a person described in section 2(a)(4) who is in
                receipt of medical services at a facility of the
                Department of Veterans Affairs; and
                    (E) any person lawfully entitled to dispose of the
                property of a person described in subparagraphs (A)
                through (D) who dies while lawfully in possession of a
                covered controlled substance for personal use.
            (3) Program.--The term ``program'' means the program
        established under subsection (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Veterans Affairs.
            (5) Veteran.--The term ``veteran'' has the meaning given
        that term in section 101 of title 38, United States Code.
    (b) Program Required.--
            (1) In general.--The Secretary and the Attorney General
        shall jointly carry out a program, which shall, except as
        provided in paragraph (2), be carried out in accordance with
        section 302(g) of the Controlled Substances Act (21 U.S.C.
        822(g)), under which an eligible person who has lawfully
        obtained a covered controlled substance in accordance with such
        Act may deliver the covered controlled substance to be disposed
        of at a facility and by a person specified under paragraph (2).
            (2) Delivery of controlled substances.--Notwithstanding the
        requirement under section 302(g)(1) of the Controlled
        Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a
        controlled substance be authorized to receive the controlled
        substance under such Act, the Secretary and the Attorney
        General shall jointly specify the facilities and persons to
        which covered controlled substances may be delivered under the
        program.
    (c) Prevention of Abuse.--In implementing the program, the
Secretary and the Attorney General shall jointly develop appropriate
guidelines and procedures to prevent the diversion, misuse, theft, or
loss of controlled substances delivered under the program.
    (d) Administration of Program.--
            (1) Regulations.--Not later than 1 year after the date of
        enactment of this Act, the Secretary and the Attorney General
        shall jointly prescribe regulations to carry out the program.
            (2) Implementation.--Not later than 1 year after the date
        on which the Secretary and the Attorney General jointly
        prescribe regulations under paragraph (1), the Secretary shall
        fully implement the program.

Output: Servicemembers and Veterans Prescription Drug Safety Act of 2016  This bill directs the Department of Defense (DOD) and the Department of Justice (DOJ) to carry out a joint program under which an eligible person who has lawfully obtained a covered controlled substance may deliver it for disposal at a facility to be specified by DOD and DOJ. An eligible person for this purpose shall be:  a member of the Armed Forces, an individual receiving or entitled to military retired or retainer pay, a member's dependent-beneficiary who is receiving certain health care services, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use.   DOD and DOJ shall develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program. DOJ and the Department of Veterans Affairs (VA) shall carry out a similar joint program covering any veteran, veteran's spouse or dependent, a person in receipt of medical services at a VA facility, or any person lawfully entitled to dispose of the property of any of such individuals who dies in lawful possession of a controlled substance for personal use. DOJ and the VA shall also develop guidelines and procedures to prevent the diversion, misuse, theft, or loss of such substances delivered under the program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-Centives Act of 2009''.

SEC. 2. INCREASED MATCHING PAYMENTS UNDER MEDICAID FOR HEALTH
              INFORMATION TECHNOLOGY.

    Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended--
            (1) in subsection (a)(3)(E), by inserting ``(other than
        costs attributable to programs described in subsection (bb))''
        after ``costs incurred during such quarter''; and
            (2) by adding at the end the following new subsections:
    ``(aa) Enhanced Payments for Certified Health Information
Technology Incentives.--
            ``(1) In general.--The Secretary shall provide for payments
        to each State that provides incentive payments to physicians,
        hospitals, community health centers, rural health clinics, and
        community mental health centers that exhibit meaningful use of
        health information technology certified under this subsection,
        as determined by the measures for meaningful use of health
        information technology under paragraph (5). No payment may be
        made to a State for incentive payments made by a State for
        meaningful use of health information technology that occurs
        before January 1, 2010.
            ``(2) Application.--To qualify for payments under paragraph
        (1), a State shall submit an application in a time and manner
        specified by the Secretary and containing the following:
                    ``(A) A description of the incentive payments.
                    ``(B) A description of the method the State will
                use to allocate such incentive payments among
                physicians, hospitals, community health centers, rural
                health clinics, and community mental health centers,
                including how the State will prioritize payments to
                providers serving a high percentage of Medicaid, SCHIP,
                and uninsured patients.
                    ``(C) A time line for implementing such payment
                incentives.
                    ``(D) A plan for disseminating information to
                physicians, hospitals, community health centers, rural
                health clinics, and community mental health centers
                about the availability of such payment incentives.
                    ``(E) An assessment of the current level of use of
                health information technology by physicians, hospitals,
                community health centers, rural health clinics, and
                community mental health centers in the State, using a
                standard assessment form developed by the Secretary.
                    ``(F) Any other information required by the
                Secretary.
            ``(3) Amount of payments to states.--
                    ``(A) In general.--Subject to subparagraph (B), the
                payment made to a State under this subsection for a
                quarter, with respect to sums expended by such State
                during such quarter that are attributable to providing
                incentive payments under paragraph (1), shall be in an
                amount equal to the following:
                            ``(i) For any quarter in 2010, the enhanced
                        FMAP (as defined in section 2105(b)) of such
                        sums.
                            ``(ii) For any quarter in 2011 or 2012,
                        such sums multiplied by a percentage equal to
                        such enhanced FMAP minus 1.5 percentage points.
                            ``(iii) For any quarter in 2013 or 2014,
                        such sums multiplied by a percentage equal to
                        such enhanced FMAP minus 3 percentage points.
                            ``(iv) For any quarter beginning after
                        2014, 0.
                    ``(B) Limitation.--
                            ``(i) Fiscal year limitation.--The total
                        amount of payments made under this subsection
                        shall not exceed $500,000,000 for any fiscal
                        year.
                            ``(ii) Allocation.--If the amounts
                        otherwise payable under this subsection for a
                        fiscal year exceed the amount specified in
                        clause (i), the Secretary shall reduce the
                        amounts payable under this subsection, in a
                        manner specified by the Secretary, to comply
                        with the limitation under such clause.
                            ``(iii) Duplicative payments prohibited.--
                        No payment shall be made under any other
                        provision of this title for expenditures for
                        which payment is made under this subsection.
                    ``(C) Manner of payment.--Payment to a State under
                this subsection shall be made in the same manner as
                payments under subsection (a).
            ``(4) Certification requirements for health information
        technology.--
                    ``(A) In general.--The Secretary, in consultation
                with the Office of the National Coordinator for Health
                Information Technology and the Certification Commission
                of Health Information Technology, shall determine the
                requirements for certification of health information
                technology under this subsection.
                    ``(B) Interim certification requirements.--During
                any period in which the Secretary has not determined
                such certification requirements, the Secretary, for
                purposes of this subsection, shall use the
                certification requirements for health information
                technology established by the Certification Commission
                for Health Information Technology.
            ``(5) Measures for meaningful use of health information
        technology.--
                    ``(A) In general.--For purposes of this subsection,
                the Secretary shall publish standard measures of
                meaningful use of health information technology to be
                used by providers to demonstrate meaningful use of
                certified health information technology. Such measures
                may include--
                            ``(i) self-certification of operational use
                        of such technology;
                            ``(ii) the submission of (or ability to
                        submit), in a form and manner specified by the
                        Secretary, such information on clinical
                        measures and data (that do not include
                        individually identifiable health information)
                        from such technology as indicates a meaningful
                        utilization of such technology; and
                            ``(iii) such other means as the Secretary
                        may specify.
                    ``(B) Alternative measures.--The Secretary may
                establish and apply different measures based on the
                stage of implementation or adoption of the certified
                health information technology involved.
    ``(bb) Payments for Electronic Information and Eligibility Systems
and Patient Registries.--
            ``(1) In general.--In addition to the payments provided
        under subsection (a), the Secretary shall provide for payments
        to each State that establishes a program to--
                    ``(A) design, develop, install, maintain, and
                operate--
                            ``(i) electronic information and
                        eligibility systems; and
                            ``(ii) patient registries for the purpose
                        of disease screening;
                    ``(B) coordinate benefits and services under this
                title and under title XVIII for individuals under the
                State plan who are full-benefit dual eligible
                individuals.
                    ``(C) train providers in the use of such systems
                and registries.
            ``(2) Application.--To qualify for payments under paragraph
        (1), a State shall submit an application in such time and
        manner as required by the Secretary and containing such
        information as the Secretary specifies and include, at a
        minimum, a description of the electronic information and
        eligibility systems and patient registries covered by the
        program described in paragraph (1).
            ``(3) Amount of payments to states.--
                    ``(A) In general.--The payments made a State under
                this subsection shall be an amount equal to--
                            ``(i) 90 percent of so much of the sums
                        expended by such State during any quarter
                        commencing on or after January 1, 2010, as are
                        attributable to--
                                    ``(I) the design, development, or
                                installation of electronic information
                                and eligibility systems and patient
                                registries under paragraph (1); and
                                    ``(II) training staff employed by
                                providers on the use of such system or
                                registry during the three-year period
                                beginning on the date such system or
                                registry is installed; and
                            ``(ii) 75 percent of so much of the sums
                        expended by such State during any quarter
                        commencing on or after January 1, 2010, as are
                        attributable to--
                                    ``(I) the maintenance of such
                                systems and registries; and
                                    ``(II) training for staff employed
                                by providers on the use of a system or
                                registry that occurs after the last day
                                of the end of the period described in
                                clause (i)(II).
                    ``(B) Manner of payment.--Payment to a State under
                this subsection shall be made in the same manner as
                payments under subsection (a).
            ``(4) Electronic information and eligibility system
        defined.--For purposes of this subsection, the term `electronic
        information and eligibility system' means a system for
        determining eligibility and exchanging information that meets
        such requirements as the Secretary shall specify. Such
        requirements for a system shall include a requirement that the
        system--
                    ``(A) be interconnected and interoperable with
                other electronic systems and registries, including--
                            ``(i) systems administered by the Centers
                        for Disease Control for disease reporting
                        purposes;
                            ``(ii) systems that exist for the purpose
                        of determining eligibility for the Medicare
                        program under title XVIII; and
                            ``(iii) systems that exist for the purpose
                        of determining eligibility for the Temporary
                        Assistance for Needy Families program under
                        title IV, free and reduced price lunches under
                        the Richard B. Russell National School Lunch
                        Act (42 U.S.C. 1751 et seq.), or other
                        federally funded programs targeted to low-
                        income populations; and
                    ``(B) can be used to automatically send, receive,
                and integrate data (including laboratory results and
                medical histories) from systems and registries
                administered by other providers or organizations or
                through a health information exchange.''.

SEC. 3. MEDICAID TRANSFORMATION PAYMENTS REPORT.

    (a) In General.--Not later than June 30, 2009, the Secretary of
Health and Human Services shall submit to Congress a report on Medicaid
transformation payments under section 1903(z) of the Social Security
Act (42 U.S.C. 1396b(z)).
    (b) Contents.--The report under subsection (a) shall include--
            (1) a description--
                    (A) of the financial costs and benefits of the
                Medicaid transformation payments;
                    (B) of the entities to which such costs and
                benefits accrue; and
                    (C) of any reduction in duplicative or unnecessary
                care resulting from methods adopted by States and
                funded by such payments; and
            (2) an analysis of the information contained in the reports
        submitted to the Secretary by States under section
        1903(z)(3)(C) of the Social Security Act during the two-year
        period ending on December 31, 2008, including--
                    (A) the impact of the methods funded by the
                payments on--
                            (i) health care quality and safety; and
                            (ii) the privacy and security of
                        identifiable health information;
                    (B) the effect of such methods on furthering
                interconnectedness between--
                            (i) providers and State Medicaid programs;
                        and
                            (ii) State Medicaid programs and other
                        programs for low-income populations
                        administered by State and Federal entities;
                    (C) the extent to which such methods reduce the
                administrative burden on such programs; and
                    (D) the contribution of the payments to the goals
                of public health and public health reporting.

Output:
E-Centives Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to provide for payments to each state that provides incentive payments to physicians, hospitals, community health centers, rural health clinics, and community mental health centers that exhibit meaningful use of certified health information technology.

Directs the Secretary to provide for payments to each state that establishes a program to: (1) design, develop, install, maintain, and operate electronic information and eligibility systems and patient registries for the purpose of disease screening; (2) coordinate benefits and services under Medicare and Medicaid for full-benefit dual eligible individuals under the state plan; and (3) train providers in the use of such systems and registries.

Directs the Secretary of Health and Human Services to submit to Congress a report on Medicaid transformation payments to states for the adoption of innovative methods to improve effectiveness and efficiency in providing medical assistance.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Railroad Safety
Authorization Act of 1994''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a)(1) of title 49, United States Code, is amended by
adding after subparagraph (B) the following new subparagraphs:
            ``(C) $68,289,000 for fiscal year 1995.
            ``(D) $75,112,000 for fiscal year 1996.
            ``(E) $82,563,000 for fiscal year 1997.
            ``(F) $90,739,000 for fiscal year 1998.''.

SEC. 3. HOURS OF SERVICE PILOT PROJECTS.

    (a) Amendment.--Chapter 211 of title 49, United States Code, is
amended by adding at the end the following new section:

``SEC. 21108. PILOT PROJECTS.

    ``(a) Waiver.--A railroad or railroads and all labor organizations
representing any class or craft of directly affected covered service
employees of the railroad or railroads, may jointly petition the
Secretary of Transportation for approval of a waiver, in whole or in
part, of compliance with this chapter, to enable the establishment of
one or more pilot projects to demonstrate the possible benefits of
implementing alternatives to the strict application of the requirements
of this chapter to such class or craft of employees, including
requirements concerning maximum on-duty and minimum off-duty periods.
Based on such a joint petition, the Secretary may, after notice and
opportunity for comment, waive in whole or in part compliance with this
chapter for a period of no more than two years, if the Secretary
determines that such waiver of compliance is in the public interest and
is consistent with railroad safety. Any such waiver may, based on a new
petition, be extended for additional periods of up to two years, after
notice and opportunity for comment. An explanation of any waiver
granted under this section shall be published in the Federal Register.
    ``(b) Report.--The Secretary of Transportation shall submit to
Congress, no later than January 1, 1997, a report that--
            ``(1) explains and analyzes the effectiveness of all pilot
        projects established pursuant to a waiver granted under
        subsection (a);
            ``(2) describes the status of all other waivers granted
        under subsection (a) and their related pilot projects, if any;
        and
            ``(3) recommends appropriate legislative changes to this
        chapter.
    ``(c) Definition.--For purposes of this section, the term `directly
affected covered service employees' means covered service employees to
whose hours of service the terms of the waiver petitioned for
specifically apply.''.
    (b) Table of Sections Amendment.--The table of sections for chapter
211 of title 49, United States Code, is amended by adding at the end
the following new item:

``21108. Pilot projects.''.

SEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS.

    Section 21303(a)(1) of title 49, United States Code, is amended by
inserting ``or violating any provision of a waiver applicable to that
person that has been granted under section 21108 of this title,'' after
``chapter 211 of this title''.

SEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD SAFETY.

    Section 20111(c) of title 49, United States Code, is amended by
inserting ``this chapter or any of the laws transferred to the
jurisdiction of the Secretary of Transportation by subsection (e) (1),
(2), and (6)(A) of section 6 of the Department of Transportation Act,
as in effect on June 1, 1994, or'' after ``individual's violation of''.

SEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.

    (a) Section 20116 of title 49, United States Code, is amended--
            (1) by striking in its heading ``Annual'' and inserting in
        lieu thereof ``Biennial'';
            (2) by striking ``not later than July 1 of each year a
        report on carrying out this chapter for the prior calendar
        year. The report shall include the following information about
        the prior year'' and inserting in lieu thereof ``every two
        years, on or before July 1 of the year due, a comprehensive
        report on the administration of this chapter for the preceding
        two calendar years. The report shall include the following
        information about such calendar years''; and
            (3) in paragraph (1), by inserting ``, by calendar year''
        after ``casualties by cause''.
    (b) The item relating to section 20116 in the table of sections for
chapter 201 of title 49, United States Code, is amended to read as
follows:

``20116. Biennial report.''.

SEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.

    Not later than 18 months after the date of enactment of this Act,
the Secretary shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report concerning any action that has
been taken by the Secretary on railroad bridge displacement detection
systems.

SEC. 8. TRACK SAFETY.

    Section 20142 of title 49, United States Code, is amended--
            (1) in subsection (b), by striking ``September 3, 1994''
        and inserting in lieu thereof ``September 1, 1995'';
            (2) in subsection (a)(1), by inserting ``, including cold
        weather installation procedures'' after ``attendant
        structure''; and
            (3) by adding at the end the following new subsection:
    ``(d) Identification of Internal Rail Defects.--In carrying out
subsections (a) and (b), the Secretary shall consider whether or not to
prescribe regulations and issue orders concerning--
            ``(1) inspection procedures to identify internal rail
        defects, before they reach imminent failure size, in rail that
        has significant shelling; and
            ``(2) any specific actions that should be taken when a rail
        surface condition, such as shelling, prevents the
        identification of internal defects.''.

SEC. 9. RESIDENCE OF EMPLOYEES.

    The amendments made by section 7 of the Amtrak Reauthorization and
Improvement Act of 1990 shall apply to all periods before and after the
date of their enactment.

            Passed the House of Representatives August 8, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

Output: Federal Railroad Safety Authorization Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1995 through 1998 for railroad research and development and general safety operations. Amends the Hours of Service Act to authorize railroads, and labor organizations representing railroad employees, to jointly petition the Secretary of Transportation (Secretary) for approval of a waiver of limitations on hours of service with respect to such employees in order to establish one or more pilot projects to demonstrate the possible benefits of implementing alternatives to such limitations, including those concerning maximum on-duty and minimum off-duty periods.  Authorizes the Secretary to waive compliance with such limitations for up to two years if it is in the public interest and is consistent with railroad safety. Requires the Secretary to report biennially (currently, annually) to the President and the Congress on the administration of Federal railroad safety rules and standards.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Unemployment Compensation
Amendments of 1993''.

SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.

    (a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as
amended) are each amended by striking ``March 6, 1993'' and inserting
``October 2, 1993''.
    (b) Modification to Final Phase-Out.--Paragraph (2) of section
102(f) of such Act is amended--
            (1) by striking ``March 6, 1993'' and inserting ``October
        2, 1993'', and
            (2) by striking ``June 19, 1993'' and inserting ``January
        15, 1994''.
    (c) Conforming Amendment.--Paragraph (1) of section 101(e) of such
Act is amended by striking ``March 6, 1993'' each place it appears and
inserting ``October 2, 1993''.
    (d) Effective Date.--The amendments made by this section shall
apply to weeks beginning after
March 6, 1993.

SEC. 3. TREATMENT OF RAILROAD WORKERS.

    (a) Extension of Program.--
            (1) In general.--Paragraphs (1) and (2) of section 501(b)
        of the Emergency Unemployment Compensation Act of 1991 (Public
        Law 102-164, as amended) are each amended by striking ``March
        6, 1993'' and inserting ``October 2, 1993''.
            (2) Conforming amendment.--Section 501(a) of such Act is
        amended by striking ``March 1993'' and inserting ``October
        1993''.
    (b) Termination of Benefits.--Section 501(e) of such Act is
amended--
            (1) by striking ``March 6, 1993'' and inserting ``October
        2, 1993'', and
            (2) by striking ``June 19, 1993'' and inserting ``January
        15, 1994''.
    (c) Effective Date.--The amendments made by this section shall
apply to weeks beginning after
March 6, 1993.

SEC. 4. PROFILING OF NEW CLAIMANTS.

    (a) General Rule.--The Secretary of Labor shall establish a program
for encouraging the adoption and implementation by all States of a
system of profiling all new claimants for regular unemployment
compensation (including new claimants under each State unemployment
compensation law which is approved under the Federal Unemployment Tax
Act (26 U.S.C. 3301-3311) and new claimants under Federal unemployment
benefit and allowance programs administered by the State under
agreements with the Secretary of Labor), to determine which claimants
may be likely to exhaust regular unemployment compensation and may need
reemployment assistance services to make a successful transition to new
employment.
    (b) Technical Assistance to States.--The Secretary of Labor shall
provide technical assistance and advice to the States in the
development of model profiling systems and the procedures for such
systems. Such technical assistance and advice shall be provided by the
utilization of such resources as the -s-e-c-r-e-t-a-r-y Secretary deems
appropriate, and the procedures for such profiling systems shall
include the effective utilization of automated data processing.
    (c) Funding of Activities.--For purposes of encouraging the
development and establishment of model profiling systems in the States,
the Secretary of Labor shall provide to each State, from funds
available for this purpose, such funds as may be determined by the
Secretary to be necessary.
    (d) Report to Congress.--Within 30 months after the date of the
enactment of this Act, the Secretary of Labor shall report to the
Congress on the operation and effectiveness of the profiling systems
adopted by the States, and the Secretary's recommendation for
continuation of the systems and any appropriate legislation.
    (e) State.--For purposes of this section, the term ``State'' has
the meaning given such term by section 3306(j)(1) of the Internal
Revenue Code of 1986.
    (f) Effective Date.--The provisions of this section shall take
effect on the date of the enactment of this Act.

-S-E-C-. -5-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F
              -A-P-P-R-O-P-R-I-A-T-I-O-N-S-.

    -T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e
-a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -n-o-n-r-e-p-a-y-a-b-l-e
-a-d-v-a-n-c-e-s -t-o -t-h-e -a-c-c-o-u-n-t -f-o-r -`-`-A-d-v-a-n-c-e-s
-t-o -t-h-e -U-n-e-m-p-l-o-y-m-e-n-t -T-r-u-s-t -F-u-n-d -a-n-d
-O-t-h-e-r -F-u-n-d-s-'-' -i-n -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f
-L-a-b-o-r -a-p-p-r-o-p-r-i-a-t-i-o-n-s -A-c-t-s -(-f-o-r
-t-r-a-n-s-f-e-r -t-o -t-h-e -`-`-e-x-t-e-n-d-e-d
-u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n -a-c-c-o-u-n-t-'-'
-e-s-t-a-b-l-i-s-h-e-d -b-y -s-e-c-t-i-o-n -9-0-5 -o-f -t-h-e
-S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t-) -s-u-c-h -s-u-m-s -a-s -m-a-y
-b-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-e -p-u-r-p-o-s-e-s
-o-f -t-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -2
-t-h-i-s -A-c-t-.

SEC. 5. FINANCING PROVISIONS.

    (a)  Authorization.--There are authorized to be appropriated for
nonrepayable advances to the account for ``Advances to the Unemployment
Trust Fund and Other Funds'' in Department of Labor Appropriations Acts
(for transfer to the ``extended unemployment compensation account''
established by section 905 of the Social Security Act) such sums as may
be necessary to make payments to the States to carry out the purposes
of the amendments made by section 2 of this Act.
    (b) Use of Advance Account Funds.--The funds appropriated to the
account for ``Advances to the Unemployment Trust Fund and Other Funds''
in the Department of Labor Appropriation Act for Fiscal Year 1993
(Public Law 102-394) are authorized to be used to make payments to the
States to carry out the purposes of the amendments made by section 2 of
this Act.

SEC. 6. EMERGENCY DESIGNATION.

    Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the Congress hereby
designates all direct spending amounts provided by this Act (for all
fiscal years) and all appropriations authorized by this Act (for all
fiscal years) as emergency requirements within the meaning of part C of
the Balanced Budget and Emergency Deficit Control Act of 1985.

Output:
Emergency Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program to October 2, 1993 (currently March 6, 1993).  Modifies the final phase-out period for continuation of claims to end it on January 15, 1994 (currently June 19, 1993).
Provides for a similar extension of the program of temporary extended railroad unemployment insurance benefits (and modification of the phase-out period).
Directs the Secretary of Labor to establish a program to encourage all States to adopt and implement a system (including automated data processing) for profiling all new claimants for regular unemployment compensation, to determine which claimants may be likely to exhaust such compensation and need reemployment assistance services.  Requires provision of such technical assistance, advice, and funding to States for model profiling systems as the Secretary deems appropriate and necessary.  Requires the Secretary to report, with recommendations, to the Congress on such systems within 30 months after enactment of this Act.
Authorizes appropriations and the use of advance account funds to carry out the extension of the EUC program.  Designates all direct spending amounts provided and all appropriations authorized by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Eliminates a cost of living adjustment relating to the pay for Members of Congress for 1994.