SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Fence Act of 2006''. SEC. 2. ACHIEVING OPERATIONAL CONTROL ON THE BORDER. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States, to include the following-- (1) systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, such as unmanned aerial vehicles, ground- based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful entry by aliens into the United States and facilitate access to the international land and maritime borders by United States Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. (b) Operational Control Defined.--In this section, the term ``operational control'' means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. (c) Report.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the United States in accordance with this section. SEC. 3. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF MEXICO. Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) in the subsection heading by striking ``Near San Diego, California''; and (2) by amending paragraph (1) to read as follows: ``(1) Security features.-- ``(A) Reinforced fencing.--In carrying out subsection (a), the Secretary of Homeland Security shall provide for least 2 layers of reinforced fencing, the installation of additional physical barriers, roads, lighting, cameras, and sensors-- ``(i) extending from 10 miles west of the Tecate, California, port of entry to 10 miles east of the Tecate, California, port of entry; ``(ii) extending from 10 miles west of the Calexico, California, port of entry to 5 miles east of the Douglas, Arizona, port of entry; ``(iii) extending from 5 miles west of the Columbus, New Mexico, port of entry to 10 miles east of El Paso, Texas; ``(iv) extending from 5 miles northwest of the Del Rio, Texas, port of entry to 5 miles southeast of the Eagle Pass, Texas, port of entry; and ``(v) extending 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry. ``(B) Priority areas.--With respect to the border described-- ``(i) in subparagraph (A)(ii), the Secretary shall ensure that an interlocking surveillance camera system is installed along such area by May 30, 2007, and that fence construction is completed by May 30, 2008; and ``(ii) in subparagraph (A)(v), the Secretary shall ensure that fence construction from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry is completed by December 31, 2008. ``(C) Exception.--If the topography of a specific area has an elevation grade that exceeds 10 percent, the Secretary may use other means to secure such area, including the use of surveillance and barrier tools.''. SEC. 4. NORTHERN BORDER STUDY. (a) In General.--The Secretary of Homeland Security shall conduct a study on the feasibility of a state of-the-art infrastructure security system along the northern international land and maritime border of the United States and shall include in the study-- (1) the necessity of implementing such a system; (2) the feasibility of implementing such a system; and (3) the economic impact implementing such a system will have along the northern border. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains the results of the study conducted under subsection (a). SEC. 5. EVALUATION AND REPORT RELATING TO CUSTOMS AUTHORITY TO STOP CERTAIN FLEEING VEHICLES. (a) Evaluation.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) evaluate the authority of personnel of United States Customs and Border Protection to stop vehicles that enter the United States illegally and refuse to stop when ordered to do so by such personnel, compare such Customs authority with the authority of the Coast Guard to stop vessels under section 637 of title 14, United States Code, and make an assessment as to whether such Customs authority should be expanded; (2) review the equipment and technology available to United States Customs and Border Protection personnel to stop vehicles described in paragraph (1) and make an assessment as to whether or not better equipment or technology is available or should be developed; and (3) evaluate the training provided to United States Customs and Border Protection personnel to stop vehicles described in paragraph (1). (b) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains the results of the evaluation conducted under subsection (a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Secure Fence Act of 2006 - Directs the Secretary of Homeland Security, within 18 months of enactment of this Act, to take appropriate actions to achieve operational control over U.S. international land and maritime borders, including: (1) systematic border surveillance through more effective use of personnel and technology, such as unmanned aerial vehicles, ground-based sensors, satellites, radar coverage, and cameras; and (2) physical infrastructure enhancements to prevent unlawful border entry and facilitate border access by U.S. Customs and Border Protection, such as additional checkpoints, all weather access roads, and vehicle barriers. Defines "operational control" as the prevention of all unlawful U.S. entries, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Directs the Secretary to report annually to Congress on border control progress. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to provide at least two layers of reinforced fencing, installation of additional physical barriers, roads, lighting, cameras, and sensors extending: (1) from ten miles west of the Tecate, California, port of entry to ten miles east of the Tecate, California, port of entry; (2) from ten miles west of the Calexico, California, port of entry to five miles east of the Douglas, Arizona, port of entry (requiring installation of an interlocking surveillance camera system by May 30, 2007, and fence completion by May 30, 2008); (3) from five miles west of the Columbus, New Mexico, port of entry to ten miles east of El Paso, Texas; (4) from five miles northwest of the Del Rio, Texas, port of entry to five miles southeast of the Eagle Pass, Texas, port of entry; and (5) 15 miles northwest of the Laredo, Texas, port of entry to the Brownsville, Texas, port of entry (requiring fence completion from 15 miles northwest of the Laredo, Texas, port of entry to 15 southeast of the Laredo, Texas, port of entry by December 31, 2008). States that if an area has an elevation grade exceeding 10% the Secretary may use other means to secure such area, including surveillance and barrier tools. Directs the Secretary to: (1) study and report to the House Committee on Homeland Security and the Senate Committee on Homeland Security and Governmental Affairs on the necessity, feasibility, and economic impact of constructing a state-of-the-art infrastructure security system along the U.S. northern international land and maritime border; and (2) evaluate and report to such Committees on U.S. Customs and Border Protection authority (and possible expansion of authority) to stop fleeing vehicles that enter the United States illegally, including related training, technology, and equipment reviews.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alabama Hills National Scenic Area Establishment Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Alabama Hills National Scenic Area, California. Sec. 4. Management plan. Sec. 5. Land taken into trust for Lone Pine Paiute-Shoshone Reservation. Sec. 6. Transfer of administrative jurisdiction. Sec. 7. Protection of services and recreational opportunities. Sec. 8. Clarification regarding funding. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the National Scenic Area developed under section 4(a). (2) Map.--The term ``Map'' means the map titled ``Proposed Alabama Hills National Scenic Area'', dated September 8, 2014. (3) Motorized vehicles.--The term ``motorized vehicles'' means motorized or mechanized vehicles and includes, when used by utilities, mechanized equipment, helicopters, and other aerial devices necessary to maintain electrical or communications infrastructure. (4) National scenic area.--The term ``National Scenic Area'' means the Alabama Hills National Scenic Area established by section 3(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of California. (7) Tribe.--The term ``Tribe'' means the Lone Pine Paiute- Shoshone. (8) Utility facility.--The term ``utility facility'' means any and all existing and future water system facilities including aqueducts, streams, ditches, and canals; water facilities including, but not limited to, flow measuring stations, gauges, gates, values, piping, conduits, fencing, and electrical power and communications devices and systems; and any and all existing and future electric generation facilities, electric storage facilities, overhead and/or underground electrical supply systems and communication systems consisting of electric substations, electric lines, poles and towers made of various materials, ``H'' frame structures, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, above-ground enclosures, markers and concrete pads and other fixtures, appliances and communication circuits, and other fixtures, appliances and appurtenances connected therewith necessary or convenient for the construction, operation, regulation, control, grounding and maintenance of electric generation, storage, lines and communication circuits, for the purpose of transmitting intelligence and generating, storing, distributing, regulating and controlling electric energy to be used for light, heat, power, communication, and other purposes. SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA. (a) Establishment.--Subject to valid, existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area. The National Scenic Area shall be comprised of the approximately 18,610 acres generally depicted on the Map as ``National Scenic Area''. (b) Purpose.--The purpose of the National Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the National Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)). (c) Map; Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the National Scenic Area with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (d) Administration.--The Secretary shall manage the National Scenic Area-- (1) as a component of the National Landscape Conservation System; (2) so as not to impact the future continuing operations and maintenance of any activities associated with valid, existing rights, including water rights; (3) in a manner that conserves, protects, and enhances the resources and values of the National Scenic Area described in subsection (b); and (4) in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable laws. (e) Management.-- (1) In general.--The Secretary shall allow only such uses of the National Scenic Area as the Secretary determines would support the purposes of the National Scenic Area as described in subsection (b). (2) Recreational activities.--Except as otherwise provided in this Act or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the National Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. (3) Motorized vehicles.--Except as specified within this Act and/or in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Scenic Area shall be permitted only on-- (A) roads and trails designated by the Director of the Bureau of Land Management for use of motorized vehicles as part of a management plan sustaining a semi-primitive motorized experience; or (B) on county-maintained roads in accordance with applicable State and county laws. (f) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around the National Scenic Area. (2) Activities outside national scenic area.--The fact that an activity or use on land outside the National Scenic Area can be seen or heard within the National Scenic Area shall not preclude the activity or use outside the boundaries of the National Scenic Area. (g) Access.--The Secretary shall continue to provide private landowners adequate access to inholdings in the National Scenic Area. (h) Filming.--Nothing in this Act prohibits filming (including commercial film production, student filming, and still photography) within the National Scenic Area-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. (j) Livestock.--The grazing of livestock in the National Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this Act, shall be permitted to continue-- (1) subject to-- (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (k) Overflights.--Nothing in this Act restricts or precludes flights over the National Scenic Area or overflights that can be seen or heard within the National Scenic Area, including-- (1) transportation, sightseeing and filming flights, general aviation planes, helicopters, hang-gliders, and balloonists, for commercial or recreational purposes; (2) low-level overflights of military aircraft; (3) flight testing and evaluation; or (4) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Scenic Area. (l) Withdrawal.--Subject to this Act's provisions and valid rights in existence on the date of enactment of this Act, including rights established by prior withdrawals, the Federal land within the National Scenic Area is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (m) Wildland Fire Operations.--Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Scenic Area, consistent with the purposes described in subsection (b). (n) Grants; Cooperative Agreements.--The Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the National Scenic Area. (o) Air and Water Quality.--Nothing in this Act modifies any standard governing air or water quality outside of the boundaries of the National Scenic Area. (p) Utility Facilities and Rights of Way.-- (1) Nothing in this Act shall-- (A) affect the existence, use, operation, maintenance (including but not limited to vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of utility facilities or appurtenant rights of way within or adjacent to the National Scenic Area; (B) affect necessary or efficient access to utility facilities or rights of way within or adjacent to the National Scenic Area subject to subsection (e); (C) preclude the Secretary from authorizing the establishment of new utility facility rights of way (including instream sites, routes, and areas) within the National Scenic Area in a manner that minimizes harm to the purpose of the National Scenic Area as described in subsection (b)-- (i) with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable law; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (2) Management plan.--Consistent with this Act, the Management Plan shall establish plans for maintenance of public utility and other rights of way within the National Scenic Area. SEC. 4. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, in accordance with subsection (b), the Secretary shall develop a comprehensive plan for the long-term management of the National Scenic Area. (b) Consultation.--In developing the management plan, the Secretary shall-- (1) consult with appropriate State, tribal, and local governmental entities, including Inyo County and the Tribe; and (2) seek input from-- (A) investor-owned utilities, including Southern California Edison Company; (B) the Alabama Hills Stewardship Group; (C) members of the public; and (D) the Los Angeles Department of Water and Power. (c) Incorporation of Management Plan.--In developing the management plan, in accordance with this section, the Secretary shall allow, in perpetuity, casual-use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. (d) Interim Management.--Pending completion of the management plan, the Secretary shall manage the National Scenic Area in accordance with section 3. SEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE RESERVATION. (a) Trust Land.--As soon as practicable after the date of the enactment of this Act, the Secretary shall take the approximately 132 acres of Federal land depicted on the Map as ``Lone Pine Paiute- Shoshone Reservation Addition'' into trust for the benefit of the Tribe, subject to the following: (1) Conditions.--The land shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record on the date of the enactment of this Act. (2) Exclusion.--The Federal lands over which the right-of- way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (Chap. 3926), shall not be taken into trust for the Tribe. (b) Reservation Land.--The land taken into trust pursuant to subsection (a) shall be considered part of the reservation of the Tribe. (c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken into trust pursuant to subsection (a). SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION. Administrative jurisdiction of the approximately 56 acres of Federal land depicted on the Map as ``USFS Transfer to BLM'' is hereby transferred from the Forest Service under the Secretary of Agriculture to the Bureau of Land Management under the Secretary. SEC. 7. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES. Nothing in this Act shall be construed to limit commercial services for existing and historic recreation uses as authorized by the Bureau of Land Management's permit process. Valid, existing, commercial permits to exercise guided recreational opportunities for the public may continue as authorized on the day before the date of the enactment of this Act. SEC. 8. CLARIFICATION REGARDING FUNDING. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives May 23, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: Alabama Hills National Scenic Area Establishment Act (Sec. 3) This bill establishes in Inyo County, California, the Alabama Hills National Scenic Area, comprising approximately 18,610 acres of land. The Department of the Interior shall manage the Area as a component of the National Landscape Conservation System. Interior shall allow existing recreational uses of the Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. The use of motorized vehicles in the Area shall be permitted only on: roads and trails designated by the Bureau of Land Management (BLM) for use of such vehicles as part of a management plan sustaining a semi-primitive motorized experience, or on county-maintained roads. Nothing in this bill creates a protective perimeter or buffer zone around the National Scenic Area. Interior shall continue to provide private landowners with adequate access to inholdings in the Area. Livestock grazing already established in the Area, including grazing under the Alabama Hills and the George Creek allotments, shall continue. The federal land within the area is withdrawn from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Interior may make grants to, or enter into cooperative agreements with, state, tribal, and local governmental and private entities to conduct research, interpretation, or public education or to carry out any other initiative related to the restoration, conservation, or management of the Area. The management plan shall establish plans for maintenance of public utility and other rights of way within the Area. (Sec. 4) Interior shall develop a comprehensive plan for the long-term management of the Area. In developing this plan, Interior shall: consult with appropriate state, tribal, and local governmental entities, including Inyo County and the Lone Pine Paiute-Shoshone Tribe; and seek input from investor-owned utilities (including the Southern California Edison Company), the Alabama Hills Stewardship Group, members of the public, and the Los Angeles Department of Water and Power. In developing the management plan, Interior shall allow, in perpetuity, casual-use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. (Sec. 5) Interior shall take approximately 132 acres of federal land into trust for the benefit of the Lone-Pine Paiute-Shoshone Tribe, which shall be considered part of the Tribe's reservation, excluding a specified right-of-way granted to the City of Los Angeles. Gaming shall not be allowed on such trust land. (Sec. 6) The bill transfers administrative jurisdiction of approximately 56 acres of specified federal land from the U.S. Forest Service to the BLM. (Sec. 7) Valid, existing, commercial permits for guided recreational opportunities for the public may continue. (Sec. 8) No additional funds are authorized to carry out the requirements of this bill, which shall be carried out using amounts otherwise authorized.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Fair Share Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Securities Transactions ``Sec. 4475. Tax on securities transactions. ``SEC. 4475. TAX ON SECURITIES TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.-- ``(1) Security.-- ``(A) In general.--Except as otherwise provided in this subsection, the rate of such tax shall be equal to 0.25 percent of the fair market value of the security. ``(B) Derivatives.--In the case of a security described in subsection (d)(1)(D), the rate of such tax shall be equal to 0.25 percent of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(C) Short-term debt instruments.--In the case of a covered transaction with respect to a security described in subsection (d)(1)(C) which has a fixed maturity date not more than 1 year from the date of issue, the rate of such tax shall be equal to 0.02 percent of the fair market value of such security. ``(2) Hedging transaction.--In the case of any covered transaction which is a hedging transaction (within the meaning of section 1221(a)(7)), subparagraphs (A) and (B) of paragraph (1) shall each be applied by substituting `0.02 percent' for `0.25 percent'. ``(c) Covered Transaction.--For purposes of this section, the term `covered transaction' means-- ``(1) except as provided in paragraph (2), any purchase if-- ``(A) such purchase occurs on a trading facility located in the United States, or ``(B) the purchaser or seller is a United States person, or ``(2) any transaction with respect to a security described in subsection (d)(1)(D), if any party with rights under such security is a United States person or if such transaction is facilitated by a United States person, including a trading facility located in the United States or a broker. ``(d) Security and Other Definitions.--For purposes of this section-- ``(1) In general.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness issued by a nongovernmental entity the beneficial ownership of which is traded on an established market, or ``(D) any evidence of an interest in, or a derivative financial instrument in-- ``(i) any security described in subparagraph (A), (B), or (C), ``(ii) any specified index, or ``(iii) any other note, bond, or debenture issued by a nongovernmental entity. ``(2) Derivative financial instrument.--The term `derivative financial instrument' means any option, forward contract, short position, notional principal contract, credit default swap, or any similar financial instrument. ``(3) Specified index.--The term `specified index' means any 1 or more of any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(e) Exceptions to Imposition of Tax.-- ``(1) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (d)(1). ``(2) Exception for retirement accounts, etc.--No tax shall be imposed under subsection (a) on any covered transaction with respect to any security which is held in any plan, account, or arrangement described in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530 (including assets held in a segregated asset account described in section 817 as part of any such plan, account, or arrangement). ``(3) Exception for certain mutual fund transactions.--No tax shall be imposed under subsection (a) on any covered transaction-- ``(A) with respect to the purchase of any interest in a regulated investment company (as defined in section 851) which issues only stock which is redeemable on the demand of the stock holder, ``(B) by a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2), and ``(C) to the extent such tax is properly allocable to any class of shares of a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on a trading facility located in the United States, such trading facility, ``(B) in the case of a transaction not described in subparagraph (A) which is executed by a broker, such broker, ``(C) in the case of a transaction not described in subparagraph (A) or (B), with respect to a security described in section (d)(1)(D), the party identified by the Secretary, or ``(D) in any other case, the purchaser with respect to the transaction. ``(2) Withholding if purchaser is not a united states person.--See section 1447 for withholding by seller if purchaser is a foreign person. ``(g) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(h) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions or the improper allocation of taxes to classes of shares described in subsection (e)(3)(C).''. (b) Credit for First $100,000 of Stock Transactions Per Year.-- Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES. ``(a) Allowance of Credit.--In the case of any individual who is a purchaser with respect to a covered transaction, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) the aggregate amount of tax imposed under section 4475 on covered transactions during the taxable year with respect to which the taxpayer is the purchaser, or ``(2) $250 ($125 in the case of a married individual filing a separate return). ``(b) Definitions.--For purposes of this section, any term used in this section which is also used in section 4475 shall have the same meaning as when used in section 4475.''. (c) Withholding.--Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS. ``(a) In General.--In the case of any outbound securities transaction, except as provided in subsection (b), the transferor shall deduct and withhold a tax equal to the tax imposed under section 4475 with respect to such transaction. ``(b) Derivatives.--In the case of any outbound securities transaction with respect to a security described in section 4475(d)(1)(D), the party identified by the Secretary shall so deduct and withhold. ``(c) Outbound Securities Transaction.--For purposes of this section, the term `outbound securities transaction' means any covered transaction to which section 4475(a) applies if-- ``(1) such transaction does not occur on a trading facility located in the United States, and ``(2) the purchaser with respect to such transaction in not a United States person.''. (d) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Tax on securities transactions.''. (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: ``Sec. 1447. Withholding on securities transactions.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for securities transaction taxes.''. (f) Effective Date.--The amendments made by this section shall apply to transactions occurring after December 31, 2010.

Summary: Wall Street Fair Share Act - Amends the Internal Revenue Code to impose an excise tax on securities trading facilities, brokers, and purchasers for certain securities transactions. Sets such tax at .25% of the fair market value of the security traded. Defines "security" to include stock in a corporation, partnership interests, debt instruments, or interests in certain derivative financial instruments. Exempts from such tax an initial issue of securities, transactions in certain retirement, education, and health savings accounts, and transactions in mutual funds. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 ($500 for married couples filing joint tax returns). Requires withholding of excise tax amounts by the transferor of securities subject to the tax.


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.''.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: 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.