SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Religious Freedom Act of 1999''. SEC. 2. AMENDMENTS. (a) Definitions.--Section 701(j) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(j)) is amended-- (1) by inserting ``(1)'' after ``(j)''; (2) by inserting ``, after initiating and engaging in an affirmative and bona fide effort,'' after ``unable''; (3) by striking ``an employee's'' and all that follows through ``religious'' and insert ``an employee's religious''; and (4) by adding at the end the following: ``(2) As used in this subsection, the term `employee' includes a prospective employee. ``(3) As used in this subsection, the term `undue hardship' means an accommodation requiring significant difficulty or expense. For purposes of determining whether an accommodation requires significant difficulty or expense-- ``(A) an accommodation shall be considered to require significant difficulty or expense if the accommodation will result in the inability of an employee to perform the essential functions of the employment position of the employee; and ``(B) other factors to be considered in making the determination shall include-- ``(i) the identifiable cost of the accommodation, including the costs of loss of productivity and of retraining or hiring employees or transferring employees from one facility to another, in relation to the size and operating cost of the employer; ``(ii) the number of individuals who will need the particular accommodation to a religious observance or practice; and ``(iii) for an employer with multiple facilities, the degree to which the geographic separateness or administrative or fiscal relationship of the facilities will make the accommodation more difficult or expensive.''. (b) Employment Practices.--Section 703 of such Act (42 U.S.C. 2000e-2) is amended by adding at the end the following: ``(o)(1) As used in this subsection: ``(A) The term `employee' includes a prospective employee. ``(B) The term `leave of general usage' means leave provided under the policy or program of an employer, under which-- ``(i) an employee may take leave by adjusting or altering the work schedule or assignment of the employee according to criteria determined by the employer; and ``(ii) the employee may determine the purpose for which the leave is to be utilized. ``(C) The term `undue hardship' has the meaning given the term in section 701(j)(3). ``(2) For purposes of determining whether an employer has committed an unlawful employment practice under this title by failing to provide a reasonable accommodation to the religious observance or practice of an employee, an accommodation by the employer shall not be deemed to be reasonable if such accommodation does not remove the conflict between employment requirements and the religious observance or practice of the employee. ``(3) An employer shall be considered to commit such a practice by failing to provide such a reasonable accommodation for an employee if the employer refuses to permit the employee to utilize leave of general usage to remove such a conflict solely because the leave will be used to accommodate the religious observance or practice of the employee. ``(4) It shall not be a defense to a claim of unlawful employment practice under this title for failure to provide a reasonable accommodation to a religious observance or practice of an employee that such accommodation would be in violation of a bona fide seniority system if, in order for the employer to reasonably accommodate such observance or practice-- ``(A) an adjustment would be made in the employee's work hours (including an adjustment that requires the employee to work overtime in order to avoid working at a time that abstention from work is necessary to satisfy religious requirements), shift, or job assignment, that would not be available to any employee but for such accommodation; or ``(B) the employee and any other employee would voluntarily exchange shifts or job assignments, or voluntarily make some other arrangement between the employees. ``(5)(A) An employer shall not be required to pay premium wages or confer premium benefits for work performed during hours to which such premium wages or premium benefits would ordinarily be applicable, if work is performed during such hours only to accommodate religious requirements of an employee. ``(B) As used in this paragraph-- ``(i) the term `premium benefit' means an employment benefit, such as seniority, group life insurance, health insurance, disability insurance, sick leave, annual leave, an educational benefit, or a pension, that is greater than the employment benefit due the employee for an equivalent period of work performed during the regular work schedule of the employee; and ``(ii) the term `premium wages' includes overtime pay and compensatory time off, premium pay for night, weekend, or holiday work, and premium pay for standby or irregular duty.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 2 take effect on the date of enactment of this Act. (b) Application of Amendments.--The amendments made by section 2 do not apply with respect to conduct occurring before the date of enactment of this Act.

Summary: Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Nonprofit Hospital Protection Act of 1997''. SEC. 2. DISQUALIFICATION FROM MEDICARE PAYMENT OF NON-PROFIT HOSPITALS THAT TRANSFER ASSETS OR CONTROL TO A FOR-PROFIT ENTITY WITHOUT APPROVAL. (a) In General.--Part A of title XVIII of the Social Security Act is amended by adding at the end the following new section: ``disqualification of certain nonprofit hospitals from payment if assets or control transferred to a for-profit entity without approval ``Sec. 1821. (a) Requirement.--No payment may be made under this part with respect to inpatient hospital services of a hospital if the hospital, on or after January 7, 1997, was owned or controlled by a nonprofit entity and there is an impermissible transfer (as defined in subsection (b)) with respect to the hospital or the entity. ``(b) Impermissible Transfers.-- ``(1) In general.--For purposes of this section, the term `impermissible transfer' means any covered transfer (as defined in paragraph (2)) that has not been considered to be approved in accordance with subsection (c). ``(2) Covered transfer defined.--For purposes of this section, the term `covered transfer' means, with respect to a hospital that is owned or controlled by a nonprofit entity-- ``(A) the sale, transfer, lease, exchange, option, conveyance, or other disposition of, the assets of the hospital (or of the entity in relation to the hospital) to a for-profit entity, if a material amount of the assets relating to the hospital are involved in such disposition; or ``(B) the transfer of control, responsibility, or governance of a material amount of the assets or operation of the hospital (or of the entity in relation to the hospital) to any for-profit entity. Transfers described in this paragraph may be effected through sale, joint venture, joint operating agreement, or any other means. ``(3) Other definitions.--For purposes of this section: ``(A) The term `acquired hospital' means, with respect to a covered transfer, the non-profit hospital the assets or control of which are the subject of the transfer. ``(B) The term `acquiring entity' means, with respect to a covered transfer, the for-profit entity that is involved in the transfer. ``(c) Conditions for Approval.--Subject to subsection (d)-- ``(1) In general.--A covered transfer with respect to an acquired hospital owned or controlled by a nonprofit entity is not considered to be approved in accordance with this subsection unless-- ``(A) the acquiring entity has disclosed to the Secretary, in a form and manner specified by the Secretary, the information described in paragraph (2) relating to the transfer; ``(B) there has been an independent fairness review conducted of the proposed transfer and the report on the review concludes that no assets of the acquired hospital in relation to the nonprofit entity have inappropriately benefited any private parties; and ``(C) the Secretary has approved the transfer. ``(3) Information to be disclosed.--The information described in this paragraph is a complete description of the terms of covered transfer, together with a description of all collateral arrangements, including information describing-- ``(A) the acquired hospital and the nonprofit entity that owns or controls the hospital; ``(B) the acquiring entity; ``(C) other parties to the transfer; ``(D) terms of the proposed transfer; ``(E) the value of consideration to be provided in connection with the transfer (including details as to the basis for the valuation); ``(F) copies of documents relating to the transfer; ``(G) the identity of individuals and persons who are officers, directors, or affiliates of the nonprofit entity and whether they have any direct or indirect economic interest in the transfer (including any promise or discussion of future employment); and ``(H) such other information as the Secretary may require. ``(3) Public disclosure.--The Secretary shall provide for public disclosure (including disclosure through electronic means on the Internet) of information described in paragraph (3) provided under paragraph (1)(A) and the report on the transfer described in paragraph (1)(B). ``(4) Conditions for approval of transfers.--The Secretary may not approve a covered transfer relating to an acquired hospital owned or controlled by a nonprofit entity unless, after completion of the public hearing described in paragraph (6), the Secretary determines that the following conditions are met: ``(A) Due care was exercised by the nonprofit entity in deciding to enter into the transfer, selecting the acquiring entity, and negotiating the terms of the transfer. ``(B) The nonprofit entity sought appropriate expert assistance in making decisions in relation to the transfer. ``(C) The nonprofit entity took all reasonable steps to avoid conflict of interests. ``(D) The nonprofit entity will receive fair market value for its assets transferred in connection with the covered transfer. ``(E) No charitable funds are placed at risk in connection with the covered transfer. ``(F) The amount of any compensation under any management contract entered into in connection with the covered transfer is fair. ``(G) The proceeds to the nonprofit entity in connection with the covered transfer will be used only for appropriate charitable purposes consistent with the entity's non-profit charter and for the promotion of health in the affected community and such proceeds will be controlled as charitable funds independent of the acquiring entity. ``(H) Any charitable corporation established to hold proceeds of the acquired hospital in connection with the covered transfer will be broadly based in the community. ``(I) There are sufficient safeguards to assure the affected community continues to have access to affordable hospital services. ``(J) The acquiring entity has made a commitment to provide comparable care to the disadvantaged, the uninsured, and the underinsured, and to provide benefits to the affected community. ``(K) The acquiring entity has no contractual right to receive or direct future grants in relation to the acquired hospital. ``(L) The acquiring entity has paid the Secretary, with respect to the covered transfer, a fee sufficient to cover the costs of the Secretary in administering this section in relation to such transfer. ``(6) Public hearing.--Before approving a covered transfer, the Secretary shall provide for notice and a public hearing to take place in the community of the acquired hospital concerning the transfer and publication of a public report on testimony received at the hearing. ``(d) Application of Alternative State Law Requirements.--A covered transfer is deemed to meet an applicable requirement of subsection (c) relating to the transfer to the extent that the Secretary determines that there is a State law that imposes a requirement at least as stringent as the requirement involved with respect to the transfer. ``(e) Delegation of Authority.--The Secretary may exercise the Secretary's authority under this section through any appropriate official in the Department of Health and Human Services. ``(f) No Effect on Other Rights.--The fact that the Secretary has approved a covered transfer under this section shall not supersede other rights that any entity (including the federal government or a State or local government) may have to challenge the transfer on any grounds.''. (b) Effective Date.--The amendment made by this section shall apply with respect to covered transfers for which agreements or transactions are entered into on or after January 7, 1997.

Summary: Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) Nearly 8,800,000 Americans were eligible for benefits under the Medicare program and for medical assistance under Medicaid (dual eligible beneficiaries) in fiscal year 2005. Of these ``dual eligible beneficiaries'', almost 40 percent have cognitive impairments, including Alzheimer's disease, dementia, serious mental illnesses, and intellectual disabilities. Until December 31, 2005, dual eligible beneficiaries received outpatient prescription drug benefits through medical assistance under Medicaid. On January 1, 2006, drug coverage for dual eligibles switched from Medicaid to Medicare. (2) In 2008, 53 percent of dual eligible beneficiaries had medication access problems and of those, 27 percent experienced significant adverse clinical events. (3) Individuals with medication access issues experience significantly more adverse clinical events. Among dual eligible beneficiaries with mental illness who had medication access problems, 27 percent experienced significant adverse clinical events, which included emergency room visits and hospitalizations. (4) In total, over 1,000,000 dual eligible beneficiaries and low-income subsidy beneficiaries were automatically auto- enrolled to new benchmark prescription drug plans under part D of the Medicare program between 2006 and 2007. (5) Community providers are at the front line of helping the most vulnerable dual eligible beneficiaries obtain prescription drug coverage under the Medicare program and navigate complex enrollment and low-income subsidy eligibility requirements under such program. (b) Purpose.--It is the purpose of this bill to help low-income persons with cognitive impairments to enroll in and navigate the prescription drug benefit under the Medicare program by providing front line community providers who serve the population daily with financial assistance to conduct vigorous education and outreach and direct case management. SEC. 3. MEDICARE PRESCRIPTION DRUG OUTREACH DEMONSTRATION PROGRAM FOR DUAL ELIGIBLE BENEFICIARIES WITH MENTAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a 3-year demonstration program (in this section referred to as ``the demonstration program'') under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities or such programs that are described in subsection (b)(1) of section 1913 of the Public Health Services Act, regardless of whether such program meets the criteria described in subsection (c) of such section, to employ qualified social workers and case managers to provide Medicare prescription drug assistance described in subsection (c) to target full-benefit dual eligible individuals. As a condition of receipt of a grant or contract under this subsection, a program or clinic shall collect and maintain data identified by the Centers for Medicare & Medicaid Services as critical for the final evaluation and report to Congress described in subsection (d). (b) Target Full-Benefit Dual Eligible Individual Defined.--For purposes of this section, the term ``target full-benefit dual eligible individual'' means a part D eligible individual, as defined in section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w- 101(a)(3)(A)), who is a full-benefit dual eligible individual (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6))) with one or more mental disabilities, including mental retardation, dementia, mental illnesses, Alzheimer's disease, autism, or any other related condition that produces serious cognitive impairments. (c) Types of Assistance.--For purposes of subsection (a), the Medicare prescription drug assistance described in this subsection is one-on-one counseling with respect to one or more of the following areas of assistance: (1) Assistance with initial enrollment in a prescription drug plan under part D of title XVIII of the Social Security Act or in an MA-PD plan under part C of such title. (2) Assistance with switching from one such prescription drug plan or MA-PD plan to another such prescription drug plan or MA-PD plan. (3) Assistance with filing for an exception to a formulary used by such a plan. (4) Assistance with filing a grievance, reconsideration, or appeal under section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104), including assistance with collecting relevant information to file such a grievance, reconsideration, or appeal. (5) Assistance with navigating utilization management programs administered by a PDP sponsor offering a prescription drug plan under part D of title XVIII of the Social Security Act or a Medicare Advantage organization offering an MA-PD plan under part C of such title. (6) Assistance with obtaining prescription drugs from pharmacies participating with such a plan. (7) Assistance with facilitating contact with the Medicare Beneficiary Ombudsman appointed under section 1808(c) of the Social Security Act (42 U.S.C. 1395b-9). (d) Evaluation and Report.-- (1) Evaluation.--The Secretary shall provide for an evaluation of the demonstration program. Such evaluation may include an analysis of-- (A) the utilization of the assistance provided under the program; (B) the satisfaction of target full-benefit dual eligible individuals with such assistance; and (C) the success of the program in-- (i) facilitating access by such individuals to covered part D drugs (as defined in section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)); and (ii) medication compliance. (2) Report.--Not later than 6 months after the date of the completion of the demonstration program, the Secretary shall submit to Congress a report on such evaluation and shall include in such report recommendations regarding the feasibility of permanently funding an education and outreach program on the prescription drug benefit under the Medicare program for target full-benefit dual eligible individuals. (e) Authorization of Appropriations.--There is authorized to be appropriated for each of the fiscal years 2011 through 2013-- (1) to carry out this section (other than subsection (d)), $10,000,000; and (2) such sums as may be necessary to carry out subsection (d).

Summary: Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act - Directs the Secretary of Health and Human Services to establish a three-year demonstration program under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities, or certain programs under the Public Health Services Act, to employ qualified social workers and case managers to provide one-on-one counseling about benefits under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to a full-benefit dual eligible individual (eligible for benefits under both Medicare and SSA title XIX [Medicaid]) who has one or more mental disabilities.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Voluntary Medicare Prescription Drug Plan Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Medicare payment for outpatient prescription drugs. ``Part D--Voluntary Medicare Prescription Drug Coverage ``Sec. 1860A. Medicare Prescription Drug Plan. ``Sec. 1860B. Rx Option. ``Sec. 1860C. Combined deductible. ``Sec. 1860D. Partnerships with private entities to offer the Rx Option.''. Sec. 3. Conforming changes to Medigap. SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS. (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by redesignating part D as part E and by inserting after part C the following new part: ``Part D--Voluntary Medicare Prescription Drug Coverage ``medicare prescription drug plan ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan eligible individual may elect coverage (beginning on January 1, 2001) under this part by enrolling in the Rx Option in order to receive coverage for outpatient prescription drugs as described in section 1860B and to pay a combined deductible under section 1860C. ``(b) Medicare Prescription Drug Plan Eligible Individual Defined.--In this part, the term `Medicare Prescription Drug Plan eligible individual' means an individual who is-- ``(1) eligible for benefits under part A and enrolled under part B; ``(2) not enrolled in a Medicare+Choice plan under part C; and ``(3) not eligible for medical assistance for outpatient prescription drugs under title XIX. ``rx option ``Sec. 1860B. (a) Enrollment in the Rx Option.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall establish a process for the enrollment of Medicare Prescription Drug Plan eligible individuals under the Rx Option that is based upon the process for enrollment in Medicare+Choice plans under part C of this title. ``(2) Exceptions.-- ``(A) 2-year obligation.--Except as provided in subparagraph (B), a Medicare Prescription Drug Plan eligible individual who elects the Rx Option shall be subject to the provisions of this part for a minimum period of 2 years, beginning with the first full month during which the individual is eligible for benefits under the Rx Option. ``(B) Free look period.--An individual who elects the Rx Option may disenroll from such Option no later than the last day of the first full month following the month in which such election was made. ``(3) Enrollment in medicare supplemental policies.--An individual enrolled in the Rx Option may be enrolled only in a medicare supplemental policy subject to the special rules described in section 1882(v). ``(b) Outpatient Prescription Drug Benefits.-- ``(1) In general.--Beginning in 2001, under the Rx Option, after the enrollee has met the combined deductible under section 1860C, the Secretary shall provide a benefit for outpatient prescription drugs through private entities under section 1860D equal to 50 percent of the lesser of-- ``(A) the cost of outpatient prescription drugs for such year; or ``(B) $5000. ``(2) Cost-of-living adjustment.-- ``(A) In general.--In the case of any calendar year beginning after 2001, the dollar amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(i) such dollar amount; multiplied by ``(ii) the cost-of-living adjustment. ``(B) Cost-of-living adjustment.--For purposes of subparagraph (A), the cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(i) the prescription drug component of the Consumer Price Index for all urban consumers (all items city average) for the 12- month period ending with August of the preceding year; exceeds ``(ii) such prescription drug component of the Consumer Price Index for the 12-month period ending with August 2000. ``(C) Rounding.--If any increase determined under subparagraph (B) is not a multiple of $1, such increase shall be rounded to the nearest multiple of $1. ``combined deductible ``Sec. 1860C. (a) In General.--Notwithstanding any provision of this title and beginning in 2001, a beneficiary electing the Rx Option shall be subject to a combined deductible that shall apply in lieu of the deductibles applied under sections 1813(a)(1) and 1833(b). ``(b) Amount.-- ``(1) In general.--For purposes of subsection (a), the combined deductible is equal to $675. ``(2) Cost-of-living adjustment.--In the case of any calendar year after 2001, the dollar amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount; multiplied by ``(B) the increase in the medical component of the CPI as determined by the Bureau of Labor Statistics. ``(3) Rounding.--If any increase determined under paragraph (2) is not a multiple of $1, such increase shall be rounded to the nearest multiple of $1. ``(c) Application.--In applying the combined deductible described in subsection (a) such deductible shall apply to each expense incurred on a calendar year basis for each item or service covered under this title, and each expense paid on a calendar year basis for such an item or service shall be credited against such deductible. ``partnerships with private entities to offer the rx option ``Sec. 1860D. (a) Partnerships.-- ``(1) In general.--The Secretary shall contract with private entities for the provision of outpatient prescription drug benefits under the Rx Option. ``(2) Private entities.--The private entities described in paragraph (1) shall include insurers (including issuers of medicare supplemental policies under section 1882), pharmaceutical benefit managers, chain pharmacies, groups of independent pharmacies, and other private entities that the Secretary determines are appropriate. ``(3) Areas.--The Secretary may award a contract to a private entity under this section on a local, regional, or national basis. ``(4) Drug benefits only through private entities.-- Outpatient prescription drug benefits under the Rx Option shall be offered only through a contract with a private entity under this section. ``(b) Secretary Required To Contract With Any Willing Qualified Private Entity.--The Secretary may not exclude a private entity from receiving a contract to provide outpatient prescription drug benefits under the Rx Option if the private entity meets all of the requirements established by the Secretary for providing such benefits.''. SEC. 3. CONFORMING CHANGES TO MEDIGAP. Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsection: ``(v) Special Rules for Medicare Prescription Drug Plan Enrollees.-- ``(1) Revision of benefit packages.-- ``(A) In general.--Notwithstanding subsection (p), the benefit packages established under such subsection (including the 2 plans described in paragraph (11)(A) of such subsection) shall be revised (in the manner described in subsection (p)(1)(E)) so that each of the benefit packages classified as `A' through `J' remain exactly the same, except that each benefit package shall include special rules that apply only to individuals enrolled in the Rx Option under section 1860B as follows: ``(i) Combined deductible.--Each benefit package shall require the beneficiary of the policy to pay annual out-of-pocket expenses (other than premiums) in an amount equal to the amount of the combined deductible under section 1860C(b) before the policy begins payment of any benefits. ``(ii) Prescription drug coverage.--In the case of a benefit package classified as `H', `I', and `J', such policy may not provide coverage for outpatient prescription drugs that duplicates the coverage for outpatient prescription drugs provided under the Rx Option under section 1860B(b). ``(B) Adjusted premium.--In the case of an individual enrolled in the Rx Option, the premium for the policy in which the individual is enrolled may be appropriately adjusted to reflect the special rules applicable to such individual under subparagraph (A). ``(2) Renewability and continuity of coverage.--The revisions of benefit packages under paragraph (1) shall not affect-- ``(A) the renewal of medicare supplemental policies under this section that are in existence on the effective date of such revisions; or ``(B) the continuity of coverage under such policies.''.

Summary: Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5000. Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fish and Wildlife Policy Fellowship Program Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly one-third of the population of the United States participates in fish and wildlife-related recreation annually. In 2001, 82 million people participated in wildlife-related recreation, including sport angling, hunting, birding, photography, and other activities. (2) Vibrant, healthy, and well-managed natural living resources are essential to obtaining the economic benefits derived from them. Wildlife-related recreation contributes significantly to the United States economy. In 2001, the economic impact of fishing and hunting was $116,000,000,000 and $68,000,000,000, respectively. In addition, approximately 1,000,000 jobs were created as a result of such recreation. (3) There are over 50 university programs, dozens of State and Federal agencies, and over $1 billion dedicated to fisheries and wildlife research, management, and conservation. (4) Expertise in freshwater and anadromous fisheries and wildlife policy is paramount to the future effective management of the Nation's fish and wildlife resources. (5) The National Sea Grant John A. Knauss Fellowship has been successful in promoting stewardship of the Nation's natural marine and coastal resources. Since 1979, over 528 marine scientists have been awarded fellowships that have enabled them to bring their scientific expertise to the Federal agencies and the Congress while obtaining valuable policy experience. Many of the fellows continue to serve as marine policy professionals in the Federal Government, the private sector, and the university research community. (6) Currently no formal mechanism exists to secure individuals with specific expertise in freshwater and anadromous fisheries, wildlife, or conservation biology, or related natural resource management, while simultaneously providing valuable policy experience within the Federal Government and the Congress. Such a mechanism would support and enhance stewardship of the Nation's fish and wildlife. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. AUTHORIZATION OF FISH AND WILDLIFE POLICY FELLOWSHIPS. (a) In General.--The Secretary shall award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology. (b) Objectives.--In awarding fellowships under subsection (a), the Secretary shall seek to achieve, with respect to fish and wildlife conservation, the following educational and training objectives: (1) To provide qualified graduate and postgraduate level individuals opportunities for participation in the policy process within the executive and legislative branches of the Federal Government. (2) To provide Federal agencies and the Congress with specific expertise in fish and wildlife management and conservation biology to aid in the effective management of the Nation's natural living resources. (c) Guidelines for Award of Fellowships.--The fellowships shall be awarded pursuant to guidelines established by the Secretary. (d) Term of Fellowships.--A fellowship under subsection (a) shall be for a period of not more than 1 year. (e) Equal Access.-- (1) In general.--The Secretary shall strive to ensure equal access for minority and economically disadvantaged students to the program carried out under subsection (a). (2) Report.--Not later than 1 year after the date of the enactment of this section, and every 2 years thereafter, the Secretary shall submit a report to the Congress describing-- (A) the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to the fellowship carried out under subsection (a); and (B) the results of such efforts. (f) Administration.--The Director shall administer fellowships under subsection (a). (g) Authorization of Appropriations.-- (1) In general.--To carry out this section there is authorized to be appropriated to the Secretary $1,400,000 for each of fiscal years 2005 through 2009. (2) Limitation on administrative expenses.--Of amounts available to carry out this section each fiscal year, no more than 5 percent may be expended for administrative costs.

Summary: National Fish and Wildlife Policy Fellowship Program Act of 2004 - Requires the Secretary of the Interior to award fellowships to qualified graduate and post-graduate level students engaged in advanced degree programs concerning freshwater and anadromous fish, wildlife, conservation management, or biology in order to: (1) provide such students with opportunities to participate in the policy process within executive and legislative branches of the Federal Government; and (2) provide Federal agencies and Congress with specific expertise to aid in the effective management of the nation's natural living resources. Requires the Secretary to strive to ensure equal access to the fellowship program for minority and disadvantaged students and to report to Congress on such efforts. States that the Director of the U.S. Fish and Wildlife Service shall administer fellowships awarded under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Infrastructure Modernization Act of 2013''. SEC. 2. EXPEDITED PROCESS FOR CONSIDERATION OF APPLICATIONS TO CONDUCT PUBLIC SAFETY PROJECTS. (a) Approval and Disapproval of Permits.-- (1) Deadline.--The Secretary of the Army shall approve or disapprove a covered permit application for a public safety project on or before the last day of the 2-year period beginning on the date of submission of the application. (2) Failure to meet deadline.--If the Secretary does not approve or disapprove a covered permit application for a public safety project on or before the last day specified in paragraph (1)-- (A) the application shall be considered under the expedited process established under subsection (b); unless (B) the Governor of the State in which the project is to be located issues a declaration of emergency with respect to the project under subsection (c), in which case the requirements of subsection (c) shall apply to the application. (b) Expedited Process.-- (1) In general.--The Secretary shall establish, by regulation, a process to expedite the consideration of a covered permit application for a public safety project. (2) Specifications for expedited process.--The expedited process shall provide for the following: (A) In complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the Secretary shall-- (i) prepare an environmental assessment or an environmental impact statement in accordance with paragraph (3); (ii) weigh the public safety aspects of the project as greater than the environmental costs; and (iii) complete consultation with other agencies, as necessary, not later than 6 months after the last day specified in subsection (a)(1). (B) In issuing a permit under the expedited process, the Secretary may not require mitigation costs in an amount that exceeds 20 percent of the total cost of the project. (C) In issuing a permit under the expedited process, the Secretary may implement species relocation for the project, as described in subsection (d). (3) Environmental assessment or impact statement.--In preparing an environmental assessment or an environmental impact statement under paragraph (2)(A)-- (A) the Secretary shall study, develop, and describe the proposed action and the alternative of no action; but (B) the Secretary is not required to study, develop, or describe any alternative actions to the proposed agency action unless the municipality in which is the project is to be located submits an alternative action. (4) Judicial review.--A person may obtain judicial review of any determination made for a public safety project under the expedited process only in the United States district court for the judicial district in which the project is to be located. (c) Emergency Declaration.-- (1) In general.--If the Secretary has not approved or disapproved a covered permit application for a public safety project on or before the last day specified in subsection (a)(1), the Governor of the State in which the project is to be located may issue a declaration of emergency with respect to the project. (2) Alternative arrangements.--If the Governor of a State issues a declaration of emergency with respect to a public safety project under paragraph (1), the State or municipality that submitted a covered permit application for the project may request that-- (A) the application be considered under the expedited process established under subsection (b); or (B) the President, acting through the Council on Environmental Quality, establish alternative arrangements for conducting the project. (3) Deadline.--Pursuant to a request received under paragraph (2)(B), the Council on Environmental Quality, on or before the last day of the 90-day period beginning on the date of the request shall-- (A) create an alternative to the proposed public safety project; or (B) approve the project. (4) Failure to meet deadline.--If, after receiving a request under paragraph (2)(B), the Council on Environmental Quality does not establish alternate procedures for conducting a public safety project or disapprove the project on or before the last day specified in paragraph (3)-- (A) the covered permit application submitted for the project shall be deemed approved; and (B) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to the project shall be deemed satisfied. (5) Judicial review.--The deemed approval of a covered permit application pursuant to paragraph (4)(A) shall not be subject to judicial review. (6) Relationship to other laws.--Any alternative arrangements established for a public safety project under paragraph (2)-- (A) shall be deemed to satisfy the requirements of section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and (B) shall not be subject to judicial review. (d) Species Relocations.--In the case of a covered permit application for a public safety project that authorizes species relocation pursuant to subsection (b)(2)(C), the Secretary, acting through the United States Fish and Wildlife Service, any Federal land management agency, the National Marine Fisheries Service, or a State conservation agency, shall relocate from the project any the members of a threatened or endangered species of plant or animal that the relevant Federal agencies determine would be taken in the course of the project. (e) Applicability.--This section shall apply to a covered permit application for a public safety project submitted after the date of enactment of this Act. (f) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this section. (g) Definitions.--In this section, the following definitions apply: (1) Covered permit application.--The term ``covered permit application'' means an application for a permit to discharge dredge or fill material submitted by a State or municipality under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344). (2) Municipality.--The term ``municipality'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Person.--The term ``person'' has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (4) Public safety project.--The term ``public safety project'' means a project that has one of the following as its primary purpose: (A) The construction of a levee, self-closing flood barrier, seawall, or flood gate. (B) Slough and stream construction and dredging for flood control. (C) The construction of a retention pond for a residential area. (D) The construction of a road or bridge to be used for evacuation purposes in the case of a hurricane, wildfire, or other extreme weather event. (E) The construction of a storm water conveyance facility.

Summary: Public Infrastructure Modernization Act of 2013 - Requires the Secretary of the Army to approve or disapprove a covered permit application for a public safety project within two years after the application is submitted. Requires an application upon which the Secretary fails to act within such time to be considered under an expedited process, unless the governor of the state in which the project is to be located issues a declaration of emergency with respect to the project. Defines "covered permit application" as an application for a permit to discharge dredge or fill material submitted by a state or municipality under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).Directs the Secretary to establish such an expedited process, under which the Secretary shall: (1) prepare an environmental assessment or an environmental impact statement, (2) weigh the public safety aspects of the project as greater than the environmental costs, and (3) complete consultation with other agencies within six months. Provides that the Secretary, in issuing a permit under the expedited process: (1) may not require mitigation costs in an amount that exceeds 20% of the project's total cost, and (2) may relocate from the project any of the members of a threatened or endangered species of plant or animal that the relevant federal agencies determine would be taken in the course of the project. Authorizes the state or municipality that submitted a covered permit application for a project, if a governor issues a declaration of emergency with respect to the project, to request that: (1) the application be considered under the expedited process; or (2) the Council on Environmental Quality approve the project or create an alternative, which must be done within 90 days or the application shall be deemed approved and the environmental requirements shall be deemed satisfied.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Protection Against Combustible Dust Explosions and Fires Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) An emergency exists concerning worker exposure to combustible dust explosions and fires, and there is a significant risk of death or severe injury to workers employed at facilities where combustible dusts are present. (2) Following 3 catastrophic dust explosions that killed 14 workers in 2003, the Chemical Safety and Hazard Investigation Board (CSB) issued a report in November 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured 718. The CSB concluded that ``combustible dust explosions are a serious hazard in American industry''. A quarter of the explosions occurred at food industry facilities, including sugar plants. (3) In November 2006, the CSB recommended that the Occupational Safety and Health Administration (OSHA) issue a standard designed to prevent combustible dust fires and explosions in general industry, based on current National Fire Protection Association (NFPA) dust explosion standards. (4) Fourteen workers were killed and more than 38 seriously injured in a catastrophic combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia on February 7, 2008. (5) An investigation by the CSB found that the explosion at Imperial Sugar was fueled by a massive accumulation of sugar dust throughout the packaging building, triggering a series of secondary explosions throughout the factory. (6) The CSB's final report of September 24, 2009, regarding the Imperial Sugar Refinery explosion reiterated its previous recommendation from November 2006 that OSHA proceed expeditiously ``to promulgate a comprehensive standard to reduce or eliminate hazards from fire and explosion from combustible powders and dust''. (7) Explosions continue to injure workers and cause property damage. In the 3 years since the February 7, 2008, explosion at Imperial Sugar, there have been 24 additional combustible dust explosions or fires resulting in 4 deaths and 65 injuries to workers through February 7, 2011, according to data released by the Chemical Safety Board. (8) On October 21, 2009, OSHA issued an advance notice of proposed rulemaking in response to the CSB's recommendation; however, a final rule will take at least 4 more years, during which it is foreseeable that additional workers will be seriously injured or killed. (9) OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272) in 1987 that has proven highly effective in reducing the risk of combustible grain dust explosions, according to an OSHA evaluation. (10) No OSHA standard comprehensively addresses combustible dust explosion hazards in general industry. (11) Voluntary NFPA standards exist that, when implemented, effectively reduce the likelihood and impact of combustible dust explosions. In particular-- (A) certain requirements currently apply to existing establishments, which NFPA refers to as a ``retroactive'' application, and include hazard assessment, housekeeping, control of static electricity, control of open flames and sparks, use of certain tools, employee training, and requirements for inspection and maintenance of equipment; (B) other requirements include conventional ignition source control and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes; (C) many employers currently implement such requirements from NFPA standards to address combustible dust hazards in the workplace; and (D) many employers maintain written combustible dust safety programs and involve employees in implementing the program, which are important aspects of a comprehensive combustible dust hazard control system. (12) Implementation of such means of hazard control is both technologically and economically feasible and would substantially reduce risks related to combustible dust fires and explosions to workers. SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST. (a) Application and Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating occupational exposure to combustible dust hazards. The interim final standard shall, at a minimum, apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts, including organic dusts (such as sugar, candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and others determined by the Secretary, but shall not apply to processes already covered by the occupational safety and health standard on grain facilities contained in section 1910.272 of title 29, Code of Federal Regulations. (b) Application.--The interim final standard required under this section shall be based on those portions of the National Fire Protection Association Standards in effect on the date of enactment of this Act that-- (1) apply to existing facilities; or (2) call for source and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes. (c) Requirements.--The interim final standard required under this section shall include the following elements: (1) Requirements for hazard assessment to identify, evaluate, and control combustible dust hazards. (2) Requirements for a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and method or methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces. (3) Requirements for engineering controls, administrative controls, and operating procedures, including means to control fugitive dust emissions and ignition sources, and the safe use and maintenance of process equipment and dust collection systems and filters. (4) Requirements for workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in such depths that it can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (5) Requirements for participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management. (6) Requirements to provide written safety and health information and annual training to managers and employees and their representatives, including housekeeping procedures, hot work procedures, preventive, predictive, and periodic maintenance procedures, common ignition sources, and lock-out, tag-out procedures. (d) Applicability of Other Statutory Requirements.--The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5, United States Code, and titles 2 and 42, United States Code, shall not apply to the issuance of the interim final standard required under this section. (e) Effective Date of Interim Standard.--The interim final standard shall take effect 30 days after issuance, except that such standard may include a reasonable phase-in period for implementation of required engineering controls. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655). SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST. Not later than 18 months after the date on which the interim final standard is issued under section 3, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), issue a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard issued under section 3, and shall issue a final rule 3 years after the issuance of a proposed rule.

Summary: Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the occupational safety and health standard on grain facilities. Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities; or (2) call for source and dust emission control technologies. Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping; (3) engineering controls, administrative controls, and operating procedures; (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management; and (6) providing safety and health information and annual training to managers and employees and their representatives. Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls. Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Coverage Assistance for the Unemployed Act of 2001''. SEC. 2. PREMIUM ASSISTANCE FOR COBRA CONTINUATION COVERAGE. (a) Establishment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Labor shall establish a program under which premium assistance for COBRA continuation coverage shall be provided for qualified individuals under this section. (2) Qualified individuals.--For purposes of this section, a qualified individual is an individual who-- (A) establishes that the individual-- (i) on or after January 1, 2001, and before January 1, 2003, became entitled to elect COBRA continuation coverage (other than solely on the basis described in paragraph (3), (4), (5), or (6) of section 603 of the Employee Retirement Income Security Act of 1974); and (ii) has elected such coverage; and (B) enrolls in the premium assistance program under this section by not later than December 31, 2002. (b) Limitation of Period of Premium Assistance.--Premium assistance provided under this subsection shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer covered under COBRA continuation coverage; or (2) 18 months after the date the individual is first enrolled in the premium assistance program established under this section. (c) Payment, and Crediting of Assistance.-- (1) Amount of assistance.--Premium assistance provided under this section shall be equal to 75 percent of the amount of the premium required for the COBRA continuation coverage. (2) Provision of assistance.--Premium assistance provided under this section shall be provided through the establishment of direct payment arrangements with the administrator of the group health plan (or other entity) that provides or administers the COBRA continuation coverage. It shall be a fiduciary duty of such administrator (or other entity) to enter into such arrangements under this section. (3) Premiums payable by qualified individual reduced by amount of assistance.--Premium assistance provided under this section shall be credited by such administrator (or other entity) against the premium otherwise owed by the individual involved for such coverage. (d) Change in COBRA Notice.-- (1) General notice.-- (A) In general.--In the case of notices provided under sections 606 of the Employee Retirement Income Security Act of 1974, section 2206 of the Public Health Service Act, and section 4980B(f)(6) of the Internal Revenue Code of 1986 with respect to individuals who, on or after January 1, 2001, and before January 1, 2003, become entitled to elect COBRA continuation coverage, such notices shall include an additional notification to the recipient of the availability of premium assistance for such coverage under this section. (B) Alternative notice.--In the case of COBRA continuation coverage to which the notice provisions described in subparagraph (A) do not apply, the Secretary of Labor shall, in coordination with administrators of the group health plans (or other entities) that provide or administer the COBRA continuation coverage involved, assure provision of such notice. (C) Form.--The requirement of the additional notification under this paragraph may be met by amendment of existing notice forms or by inclusion of a separate document with the notice otherwise required. (2) Specific requirements.--Each additional notification under paragraph (1) shall include-- (A) the forms necessary for establishing eligibility under subsection (a)(2)(A) and enrollment under subsection (a)(2)(B) in connection with the coverage with respect to each covered employee or other qualified beneficiary; (B) the name, address, and telephone number necessary to contact the plan administrator and any other person maintaining relevant information in connection with the premium assistance; and (C) the following statement displayed in a prominent manner: ``You may be eligible to receive assistance with payment of 75 percent of your COBRA continuation coverage premiums for a duration of not to exceed 18 months.''. (3) Notice relating to retroactive coverage.--In the case of such notices previously transmitted before the date of the enactment of this Act in the case of an individual described in paragraph (1) who has elected (or is still eligible to elect) COBRA continuation coverage as of the date of the enactment of this Act, the administrator of the group health plan (or other entity) involved or the Secretary of Labor (in the case described in the paragraph (1)(B)) shall provide (within 60 days after the date of the enactment of this Act) for the additional notification required to be provided under paragraph (1). (4) Model notices.--The Secretary of Labor shall prescribe models for the additional notification required under this subsection. (e) Obligation of Funds.--This section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment of premium assistance under this section. (f) Prompt Issuance of Guidance.--The Secretary of Labor shall issue guidance under this section not later than 30 days after the date of the enactment of this Act. (g) Definitions.--In this Act: (1) Administrator.--The term ``administrator'' has the meaning given such term in section 3(16) of the Employee Retirement Income Security Act of 1974. (2) COBRA continuation coverage.--The term ``COBRA continuation coverage'' means continuation coverage provided pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), section 8905a of title 5, United States Code, or under a State program that provides continuation coverage comparable to such continuation coverage. (3) Group health plan.--The term ``group health plan'' has the meaning given such term in section 9832(a) of the Internal Revenue Code of 1986. (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 3. OPTIONAL TEMPORARY MEDICAID COVERAGE FOR UNINSURED ELIGIBLE EMPLOYEES. (a) In General.--Notwithstanding any other provision of law, a State may elect to provide, under its medicaid program under title XIX of the Social Security Act, medical assistance in the case of an individual who is eligible for unemployment benefits, who is not eligible for COBRA continuation coverage, and who is uninsured. For purposes of this section, an individual is considered to be uninsured if the individual is not covered under a group health plan, health insurance coverage, or under such program or a program under title XVIII or XXI of such Act. (b) Limitation to 18 Months of Coverage.--Assistance under this section shall end with respect to an individual on the earlier of-- (1) the date the individual is no longer uninsured; or (2) 18 months after the date the individual is first determined to be eligible for medical assistance under this section. (c) Special Rules.--In the case of medical assistance provided under this section-- (1) the Federal medical assistance percentage under section 1905(b) of the Social Security Act shall be 100 percent; (2) a State may elect to disregard any income, asset, or resource limitation imposed under the State medicaid plan or under title XIX of such Act, except, notwithstanding any other provision of law, a State shall condition eligibility for assistance under this section upon the payment of a monthly premium approximating 25 percent of the average cost of providing the assistance under this section; (3) such medical assistance shall not be provided for periods before the date the individual is determined eligible for such assistance; (4) a State may elect to make eligible for such assistance a dependent spouse or children of an individual eligible for medical assistance under subsection (a), if such spouse or children are uninsured; and (5) individuals eligible for medical assistance under this section shall be deemed to be described in the list of individuals described in the matter preceding paragraph (1) of section 1905(a) of such Act.

Summary: Health Care Coverage Assistance for the Unemployed Act of 2001 - Directs the Secretary of Labor to establish an emergency health coverage assistance program to provide premium assistance for qualified individuals for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage under the Employee Retirement Income Security Act of 1974 (ERISA).Allows a State to elect to provide temporary Medicaid coverage for individuals who are: (1) eligible for unemployment benefits; (2) not eligible for COBRA continuation coverage; and (3) not covered under a group health plan, health insurance, Medicare, or Medicaid.


That the Act of December 18, 1967 (16 U.S.C. 19e-19n), entitled ``An Act to establish the National Park Foundation'', is amended-- (1) in section 1-- (A) by striking ``therein'' and inserting in lieu thereof ``therein, and to develop and implement means of securing funds from the private sector, to enhance funding for the National Park System without supplanting appropriated funds otherwise available for the National Park System,''; and (B) by striking ``to accept and administer such gifts''; (2) in section 3-- (A) by inserting ``(a)'' after ``Sec. 3.''; and (B) by inserting at the end: ``(b)(1) In furtherance of the purposes of this Act, the Foundation shall have exclusive authority to license or authorize persons to use such trademarks, tradenames, signs, symbols, emblems, insignia, logos, likenesses or slogans that are or may be in the future adopted and owned by the Foundation, and for which the Foundation has filed an application or applications with the U.S. Patent and Trademark Office, for the purposes of representing, promoting or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good or service is an official sponsor or official supporter of the National Park System or National Park Service. ``(2) The authority provided in paragraph (1) shall be subject to the following conditions: ``(A) The criteria and guidelines for the competitive issuance and the maintenance of a license or authorization, and the issuance of each license or authorization, shall be subject to the prior written approval of the Secretary as being appropriate to the image of the National Park System and consistent with the management policies and practices of the National Park Service, and such approval authority may not be delegated. ``(B) Neither the Secretary of the Interior, the Foundation, nor any other person may authorize an individual, company, or particular good or service to represent, promote, or advertise, and no person may represent or imply, for commercial purposes or for pecuniary gain that it is an official sponsor or official supporter of any individual unit of the National Park System. ``(C) The advertisements and promotional activities undertaken by a licensee or authorized person shall be appropriate to the image of the National Park System and consistent with the management policies and practices of the National Park Service. ``(D) Neither the Secretary of the Interior, the Foundation, nor any other person may authorize an individual, company, or particular good or service to represent that it is endorsed by the National Park Service. ``(E) Nothing in this Act shall in any way restrict or preclude the Statue of Liberty--Ellis Island Foundation, Inc. (the `Statue of Liberty Foundation'), so long as its activities are authorized by a Memorandum of Agreement with the Secretary of the Interior, from raising donations for the restoration of the Statue of Liberty and Ellis Island by, among other things, offering to any third parties exclusive rights to any trademark, tradename, sign, symbol, insignia, emblem, logo, likeness, or slogan owned by the Statue of Liberty Foundation. ``(F) Activities of the Foundation undertaken pursuant to this Act, including the licensing or authorizing of official sponsors and official supporters of the National Park System or National Park Service by the Foundation, shall not preclude charitable organizations or cooperating associations from conducting fundraising activities or selling merchandise to generate support for a unit or units of the National Park System or the National Park Service, so long as such activities do not convey a right to be considered as an official sponsor or official supporter of such unit or units as prohibited by subparagraph (B) or of the National Park System or National Park Service. ``(c) No license or authorization referred to in subsection (b) shall grant any person any right or authority to market, advertise, display, sell, or promote, any goods, products or services in any unit of the National Park System or in any related facility operated outside the boundaries of any unit, or to advertise or promote that it is an official sponsor or official supporter within the meaning of subsection (b) in any such unit or related facility: Provided, That the Secretary of the Interior may authorize limited recognition of official sponsors or official supporters within the meaning of subsection (b) in units of the National Park System or any related facility operated outside the boundaries of any unit but only under such appropriate policies and procedures which ensure that status as an official sponsor or official supporter within the meaning of subsection (b) shall not be commercially exploited in any manner within any such unit or related facility.''; (3) in section 4-- (A) by inserting ``and section 8(b)'' between ``transfer'' and the comma; (B) by inserting ``license,'' between ``lease,'' and ``invest''; and (C) by striking ``any business, nor shall the Foundation'' and inserting in lieu thereof ``business for pecuniary profit or gain, except for the purposes set forth in this Act; operate any commercial establishment or enterprise within any unit of the National Park System; engage in any lobbying activities as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) concerning the management of the National Park System; or''; (4) in section 8-- (A) by inserting ``(a)'' after ``Sec. 8.''; and (B) by inserting at the end: ``(b) All of the income in the Foundation, net of reasonable operating expenses, any contributions to local government pursuant to subsection (a), and reserves determined necessary or appropriate by the Board, shall be provided to or for the benefit of the National Park Service: Provided, That all such net income derived from the licenses and authorizations referred to in section 3(b) shall be expended in accordance with policies and priorities of the National Park Service on programs, projects, or activities that benefit the National Park System or National Park Service as identified by the Secretary in consultation with the Foundation.''; (5) in section 10-- (A) by inserting ``(a)'' after ``Sec. 10.''; and (B) by inserting at the end: ``(b) Within 30 days of the execution of each license or authorization referred to in section 3(b), the Foundation shall transmit a copy thereof to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. ``(c) No later than 5 years after the date of enactment of this subsection, the Secretary of the Interior shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report assessing the cost, effectiveness, and effects of the licensing and authorization program established pursuant to section 3(b). The report shall include, but not be limited to, assessments of the effect of such program on-- ``(1) visitation levels in the National Park System; ``(2) the image of the National Park System; ``(3) achievement of the needs and priorities of the National Park Service; ``(4) appropriations for the National Park System; and ``(5) the costs of the Foundation and the Secretary of the Interior to administer the program.''; and (6) at the end, by inserting: ``Sec. 11. Whoever, without the authorization of the Foundation, uses for purposes of trade, to induce the sale of any good or service, to promote any commercial activity, or for other commercial purpose the name of the Foundation or any trademark, tradename, sign, symbol, emblem, insignia, logo, likeness, or slogan referred to in section 3(b)(1), or any facsimile or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the National Park System or National Park Service, shall be subject to suit in a civil action by the Foundation for the remedies provided in the Act of July 5, 1946, 60 Stat. 427 (15 U.S.C. 501 et seq.). ``Sec. 12. Section 1 of Public Law 88-504 (36 U.S.C. 1101), as amended, is further amended by adding at the end `(78) The National Park Foundation'.''.

Summary: Revises the purpose of the National Park Foundation to: (1) include developing and implementing means of securing funds from the private sector to enhance funding for the National Park System (NPS) without supplanting otherwise available appropriated funds; and (2) exclude accepting and administering private gifts on behalf of the National Park Service. Grants the Foundation exclusive authority to license or authorize persons to use such trademarks, symbols, likenesses, or slogans that are adopted and owned by the Foundation and for which it has filed an application with the U.S. Patent and Trademark Office for the purpose of representing, promoting, or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good service is an official sponsor or official supporter of the NPS or the Service. Specifies conditions under which such license or authorization may be granted, such as subjecting the criteria and guidelines for the competitive issuance and the maintenance of a license or authorization to the prior written approval of the Secretary of the Interior. Authorizes the Foundation to license property. Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain; (2) operating any commercial establishment or enterprise within NPS units; or (3) engaging in any lobbying activities concerning NPS management. Requires: (1) all of the Foundation's income, net of reasonable operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit; and (2) all net income derived from the licenses and authorizations under this Act to be expended in accordance with Service's policies and priorities on programs, projects, or activities that benefit the NPS or the Service as identified by the Secretary of the Interior in consultation with the Foundation. Sets forth congressional reporting requirements. Subjects persons to a civil suit and remedies for unlawful use of the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the NPS or the Service for commercial purposes. Includes the Foundation as a private corporation established under Federal law for purposes of provisions concerning audits of federally chartered corporations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Two-Midnight Rule Coordination and Improvement Act of 2014''. SEC. 2. DEVELOPMENT OF CRITERIA FOR MEDICALLY NECESSARY SHORT INPATIENT HOSPITAL STAYS. (a) In General.-- (1) Development of criteria.--The Secretary shall develop appropriate criteria with regard to the two-midnight rule (as defined in subsection (e)) for payment under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for a short inpatient hospital stay (as defined in such subsection). (2) Requirements.--The criteria developed under paragraph (1) shall-- (A) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark; and (B) subject to paragraph (3), be developed in consultation with interested stakeholders. (3) Implementation.--The consultation described in paragraph (2)(B) shall be conducted as part of the annual notice and comment rulemaking process implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (b) Development of Short Inpatient Hospital Stay Payment Methodology.-- (1) In general.--The Secretary shall develop a payment methodology under the Medicare program under title XVIII of the Social Security Act for hospitals for short inpatient hospital stays. Such methodology-- (A) shall be implemented in a budget neutral manner; (B) may be a reduced payment amount for such inpatient hospital services than would otherwise apply if paid for under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) or be an alternative payment methodology; and (C) shall take into consideration the criteria developed under subsection (a). (2) Timeframe.--The Secretary shall promulgate such methodology as part of the annual regulations implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and CPT Codes.-- (1) ICD-10-to-CPT crosswalk.-- (A) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop general equivalency maps (referred to in this subsection as ``crosswalks'') to link the relevant ICD- 10 codes to relevant CPT codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparisons of inpatient hospital services, for which payment is made under section 1886 of the Social Security Act (42 U.S.C. 1395ww), and hospital outpatient department services, for which payment is made under section 1833(t) of such Act (42 U.S.C. 1395l(t)). In this subsection the terms ``ICD-10 codes'' and ``CPT codes'' include procedure as well as diagnostic codes. (B) Process.-- (i) In general.--In carrying out subparagraph (A), the Secretary shall develop a proposed ICD-10-to-CPT crosswalk which shall be made available for public comment for a period of not less than 60 days. (ii) Notice.--The Secretary shall provide notice of the comment period through the following: (I) Publication of notice of proposed rulemaking in the Federal Register. (II) A solicitation posted on the Internet Web site of the Centers for Medicare & Medicaid Services. (III) An announcement on the Internet Web site of the Centers for Medicare & Medicaid Services of the availability of the proposed crosswalk and the deadline for comments. (IV) A broadcast through an appropriate Listserv operated by the Centers for Medicare & Medicaid Services. (iii) Use of the icd-9-cm coordination and maintenance committee.--The Secretary also shall instruct the ICD-9-CM Coordination and Maintenance Committee to convene a meeting to receive input from the public regarding the proposed ICD-10-to-CPT crosswalk. (iv) Publication of final crosswalks.-- Taking into consideration comments received on the proposed crosswalk, the Secretary shall publish a final ICD-10-to-CPT crosswalk under subparagraph (A) and shall post such crosswalk on the Internet Web site of the Centers for Medicare & Medicaid Services. (v) Updating.--The Secretary shall update such crosswalk on an annual basis. (2) DRG-to-APC crosswalk.-- (A) In general.--The Secretary shall, using the ICD-10-to-CPT crosswalk developed under paragraph (1), develop a second crosswalk between diagnosis-related group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. (B) Data to be used.--In developing such crosswalk, the Secretary shall use claims data for inpatient hospital services for discharges occurring in fiscal years beginning with fiscal year 2015 and for outpatient hospital services furnished in years beginning with 2015. (C) Publication.--Not later than June 30, 2017, the Secretary shall publish the DRG-to-APC crosswalk developed under this paragraph. (d) Delay of Enforcement of the Two-Midnight Rule.-- (1) In general.--The Secretary shall not enforce the provisions of the two-midnight rule with respect to admissions to a hospital for which payment is made under the Medicare program under title XVIII of the Social Security Act-- (A) for admissions occurring before October 1, 2014; and (B) in the case of admissions occurring on or after October 1, 2014, prior to the applicable date (as defined in paragraph (3)). (2) Application to medicare review contractors.--Paragraph (1) shall also apply to Medicare review contractors (as defined in subsection (e)). No Medicare review contractor may, based on the provisions of the two-midnight rule, deny a claim for payment for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for which payment may be made under title XVIII of the Social Security Act for discharges occurring before the applicable date (as defined in paragraph (3))-- (A) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (B) for requirements for orders, certifications, or recertifications, and associated documentation relating to the matters described in subparagraph (A). (3) Applicable date defined.--In this subsection, the term ``applicable date'' means the earlier of-- (A) the date on which the criteria described in subsection (a) are implemented pursuant to subsection (a)(3); or (B) October 1, 2015. (4) Continuation of medicare probe and educate program for inpatient hospital admissions.-- (A) In general.--Subject to subparagraph (B), nothing in this subsection shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program (as defined in subparagraph (C)) for hospital admissions during the delay of enforcement under paragraph (1). (B) Maintenance of sample prepayment record limits.--The Secretary may not increase the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary under such program as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals. (C) Medicare probe and educate program defined.--In this paragraph, the term ``Medicare Probe and Educate program'' means the program established by the Secretary as in effect on November 4, 2013 (and described in a public document made available by the Centers for Medicare & Medicaid Services on its Web site entitled ``Frequently Asked Questions 2 Midnight Inpatient Admission Guidance & Patient Status Reviews for Admissions on or after October 1, 2013''), under which Medicare administrative contractors-- (i) conduct prepayment patient status reviews for inpatient hospital claims with dates of admission on or after October 1, 2013, and before March 31, 2014; and (ii) based on the results of such prepayment patient status reviews, conduct educational outreach efforts during the following 3 months. (e) Definitions.--In this section: (1) Hospital.--The term ``hospital'' means the following (insofar as such terms are used under title XVIII of the Social Security Act): (A) An acute care hospital. (B) A critical access hospital. (C) A long-term care hospital. (D) An inpatient psychiatric facility. (2) Interested stakeholders.--The term ``interested stakeholders'' means the following: (A) Hospitals. (B) Physicians (C) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1). (D) Recovery audit contractors under section 1893(h) of such Act (42 U.S.C. 1395ddd(h)). (E) Other parties determined appropriate by the Secretary. (3) IPPS fy 2014 final rule.--The term ``IPPS FY 2014 Final Rule'' means the final rule (CMS-1599-F, CMS-1455-F) published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013, entitled ``Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status'' (78 Fed. Reg. 50496 et seq.). (4) Medicare review contractor.--The term ``Medicare review contractor'' means any contractor or entity that has entered into a contract or subcontract with the Centers for Medicare & Medicaid Services with respect to the Medicare program to review claims for items and services furnished for which payment is made under title XVIII of the Social Security Act, including-- (A) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk-1); and (B) recovery audit contractors under section 1893(h) of such Act (42 U.S.C. 1395ddd(h)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) Short inpatient hospital stay.--The term ``short inpatient hospital stay'' means, with respect to an inpatient admission of an individual entitled to benefits under part A of title XVIII of the Social Security Act to a hospital, a length of stay that is less than the length of stay required to satisfy the 2-midnight benchmark described in section 412.3 of title 42, Code of Federal Regulations, as amended under the amendment 2 referred to in paragraph (7)(A). (7) Two-midnight rule.--The term ``two-midnight rule'' means the following numbered amendments to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule (and includes any sub- regulatory guidance issued in the implementation of such amendments and any portion of the preamble of section XI.C. of such rule relating to such amendments): (A) Amendment 2 (on page 50965), which adds a section 412.3 of title 42, Code of Federal Regulations (relating to admissions). (B) Amendment 3 (on page 50965), which revises section 412.46 of such title (relating to medical review requirements). (C) Amendment 23 (on page 50969), which amends paragraphs (d) and (e)(2) of section 424.11 of such title (relating to conditions of payment: General procedures). (D) Amendment 24 (on pages 50969 and 50970), which revises section 424.13 of such title (relating to requirements for inpatient services of hospitals other than inpatient psychiatric facilities). (E) Amendment 25 (on page 50970), which revises paragraphs (a), (b), (d)(1), and (e) of section 424.14 of such title (relating to requirements for inpatient services of inpatient psychiatric facilities). (F) Amendment 26 (on page 50970), which revises section 424.15 of such title (relating to requirements for inpatient CAH services).

Summary: Two-Midnight Rule Coordination and Improvement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to develop appropriate criteria with regard to the two-midnight rule for payment under title XVIII (Medicare) of the Social Security Act for a short inpatient hospital stay. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Requires the criteria developed by the Secretary to: (1) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark, and (2) be developed in consultation with interested stakeholders. Directs the Secretary to develop a budget-neutral Medicare payment methodology for hospitals for short inpatient hospital stays. Allows the methodology to be: (1) a reduced payment amount than would otherwise apply to inpatient hospital services if paid for under the Medicare prospective payment schedule, or (2) an alternative payment methodology. Directs the Secretary to develop: (1) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department services; and (2) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. Prohibits the Secretary from enforcing the two-midnight rule for admissions occurring: (1) before October 1, 2014; and (2) on or after that date until October 1, 2015, or the new two-midnight rule criteria are implemented, if sooner (applicable date). Prohibits a Medicare review contractor from denying a claim for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, on the basis of the two-midnight rule for discharges occurring before the applicable date for: (1) medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Declares that nothing in this Act shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program for hospital admissions during the delayed enforcement of the two-midnight rule. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Protection Program Act''. SEC. 2. VOLUNTARY PROTECTION PROGRAM. (a) Cooperative Agreements.--The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include-- (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary Protection Program.-- (1) In general.--The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements.--The voluntary protection program shall include the following: (A) Application.--Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations.--There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (C) Information.--Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations.--Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring.--To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions.--A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required.--The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition.--The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that-- (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. (d) Regulations and Implementation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall issue final regulations for the voluntary protection program authorized under this section and shall begin implementation of the program. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

Summary: Voluntary Protection Program Act This bill provides statutory authority for the Occupational Safety and Health Administration's (OSHA's) voluntary protection program, under which management, labor, and OSHA establish cooperative relationships at workplaces that have implemented a comprehensive safety and health management system.