SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Revenue Sharing Act of 2005''. SEC. 2. OUTER CONTINENTAL SHELF REVENUE SHARING. Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) is amended-- (1) in subsection (a)-- (A) by striking paragraph (7); (B) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively; (C) in paragraph (8) (as redesignated by subparagraph (B)), by striking subparagraph (B) and inserting the following: ``(B) Inclusion.--The term `producing State' includes any State that begins production on a leased tract on or after the date of enactment of the Outer Continental Shelf Revenue Sharing Act of 2005, regardless of whether the leased tract was on any date subject to a leasing moratorium.''; and (D) in paragraph (9) (as redesignated by subparagraph (B)), by striking subparagraph (C); and (2) in subsection (b)(4), by striking subparagraph (E). SEC. 3. ESTABLISHMENT OF SEAWARD LATERAL BOUNDARIES FOR COASTAL STATES. Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) in the first sentence-- (A) by striking ``President shall'' and inserting ``Secretary shall by regulation''; and (B) by inserting before the period at the end the following: ``not later than 180 days after the date of enactment of the Outer Continental Shelf Revenue Sharing Act of 2005''; and (3) by adding at the end the following: ``(ii)(I) For purposes of this Act (including determining boundaries to authorize leasing and preleasing activities and any attributing revenues under this Act and calculating payments to producing States and coastal political subdivisions under section 31), the Secretary shall delineate the lateral boundaries between coastal States in areas of the Outer Continental shelf under exclusive Federal jurisdiction, to the extent of the exclusive economic zone of the United States, in accordance with article 15 of the United Nations Convention on the Law of the Sea of December 10, 1982. ``(II) This clause shall not affect any right or title to Federal submerged land on the outer Continental Shelf.''. SEC. 4. OPTION TO PETITION FOR LEASING WITHIN CERTAIN AREAS ON THE OUTER CONTINENTAL SHELF. Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended by adding at the end the following: ``(g) Leasing Within the Seaward Lateral Boundaries of Coastal States.-- ``(1) Definition of affected area.--In this subsection, the term `affected area' means any area located-- ``(A) in the areas of northern, central, and southern California and the areas of Oregon and Washington; ``(B) in the north, middle, or south planning area of the Atlantic Ocean; ``(C) in the eastern Gulf of Mexico planning area and lying-- ``(i) south of 26 degrees north latitude; and ``(ii) east of 86 degrees west longitude; or ``(D) in the Straits of Florida. ``(2) Restrictions on leasing.--The Secretary shall not offer for offshore leasing, preleasing, or any related activity-- ``(A) any area located on the outer Continental Shelf that, as of the date of enactment of this subsection, is designated as a marine sanctuary under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); or ``(B) except as provided in paragraphs (3) and (4), during the period beginning on the date of enactment of this subsection and ending on June 30, 2012, any affected area. ``(3) Resource assessments.-- ``(A) In general.--Beginning on the date on which the Secretary delineates seaward lateral boundaries under section 4(a)(2)(A)(ii), a Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting a resource assessment of any area within the seaward lateral boundary of the State. ``(B) Eligible resources.--A petition for a resource assessment under subparagraph (A) may be for-- ``(i) oil and gas leasing; ``(ii) gas-only leasing; or ``(iii) any other energy source leasing, including renewable energy leasing. ``(C) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that a resource assessment of the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State. ``(D) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (C)-- ``(i) the petition shall be considered to be approved; and ``(ii) a resource assessment of any appropriate area shall be carried out as soon as practicable. ``(E) Submission to state.--As soon as practicable after the date on which a petition is approved under subparagraph (C) or (D), the Secretary shall-- ``(i) complete the resource assessment for the area; and ``(ii) submit the completed resource assessment to the State. ``(4) Petition for leasing.-- ``(A) In general.--On receipt of a resource assessment under paragraph (3)(E)(ii), the Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting that the Secretary make available any land that is within the seaward lateral boundaries of the State (as established under section 4(a)(2)(A)(ii)) and that is greater than 20 miles from the coastline of the State for the conduct of offshore leasing, pre-leasing, or related activities with respect to-- ``(i) oil and gas leasing; ``(ii) gas-only leasing; or ``(iii) any other energy source leasing, including renewable energy leasing. ``(B) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that leasing the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State. ``(C) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (B)-- ``(i) the petition shall be considered to be approved; and ``(ii) any appropriate area shall be made available for oil and gas leasing, gas-only leasing, or any other energy source leasing, including renewable energy leasing. ``(5) Revenue sharing.-- ``(A) In general.--Beginning on the date on which production begins in an area under this subsection, the State shall, without further appropriation, share in any qualified outer Continental Shelf revenues of the production under section 31. ``(B) Applicable law.-- ``(i) In general.--Except as provided in clause (ii), a State shall not be required to comply with subsections (c) and (d) of section 31 to share in qualified outer Continental Shelf revenues under subparagraph (A). ``(ii) Exception.--Of any qualified outer Continental Shelf revenues received by a State (including a political subdivision of a State) under subparagraph (A), at least 25 percent shall be used for 1 or more of the purposes described in section 31(d)(1). ``(6) Effect.--Nothing in this subsection affects any right relating to an area described in paragraph (1) or (2) under a lease that was in existence on the day before the date of enactment of this subsection.''. SEC. 5. REGULATIONS. (a) In General.--The Secretary of the Interior shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act, including regulations establishing procedures for entering into gas-only leases. (b) Gas-Only Leases.--In issuing regulations establishing procedures for entering into gas-only leases, the Secretary shall-- (1) ensure that gas-only leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) are not available in a State that (as of the day before the date of enactment of this Act) did not contain an affected area (as defined in section 12(g)(1) of that Act (as added by section 4)); and (2) define ``natural gas'' as-- (A) unmixed natural gas; or (B) any mixture of natural or artificial gas (including compressed or liquefied petroleum gas) and condensate recovered from natural gas.

Summary: Outer Continental Shelf Revenue Sharing Act of 2005 - Amends the Outer Continental Shelf Lands Act (OCSLA) regarding the coastal impact assistance program to: (1) repeal references to leasing moratoria; (2) redefine a "producing state" as one that begins production on a leased tract on or after the date of enactment of this Act, regardless of whether the leased tract was on any date subject to a leasing moratorium; (3) repeal the exclusion of certain revenues from "qualified Outer Continental Shelf revenues;" and (4) repeal the exclusion of certain leased tracts from the statutory formula for payments to coastal political subdivisions. Directs the Secretary of the Interior to delineate the lateral boundaries between coastal states in areas of the Outer Continental Shelf under exclusive federal jurisdiction. Prescribes guidelines for petitions to lease within the seaward lateral boundaries of coastal states. Includes guidelines under which a state shall share in qualified Outer Continental Shelf revenues as of the date production begins under this Act. Directs the Secretary of the Interior to issue implementing regulations, including procedures for entering into gas-only leases.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993''. SEC. 2. TITLE AND PART HEADINGS. (a) Title.--The heading of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended to read as follows: ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''. (b) Part.--The heading of part A of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended to read as follows: ``PART A--GENERAL PROVISIONS''. SEC. 3. FINDINGS AND PURPOSES. Section 101 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) is amended to read as follows: ``SEC. 101. FINDINGS, PURPOSES, AND POLICY. ``(a) Findings.--The Congress finds that-- ``(1) in 1993 there are more than 3,000,000 individuals with developmental disabilities in the United States; ``(2) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to enjoy the opportunity to live independently, enjoy self-determination, make choices, contribute to society, and experience full integration and inclusion in the economic, political, social, cultural, and educational mainstream of American society; ``(3) individuals with developmental disabilities continually encounter various forms of discrimination in critical areas; ``(4) there is a lack of public awareness of the capabilities and competencies of individuals with developmental disabilities; ``(5) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; ``(6) individuals with developmental disabilities often require lifelong specialized services and assistance, provided in a coordinated and culturally competent manner by many agencies, professionals, advocates, community representatives, and others to eliminate barriers and to meet the needs of such individuals and their families; ``(7) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services from generic and specialized service systems and remain unserved or underserved; ``(8) family members, friends, and members of the community can play an important role in enhancing the lives of individuals with developmental disabilities, especially when the family and community are provided with the necessary services and supports; and ``(9) the goals of the Nation properly include the goal of providing individuals with developmental disabilities with the opportunities and support to-- ``(A) make informed choices and decisions; ``(B) live in homes and communities in which such individuals can exercise their full rights and responsibilities as citizens; ``(C) pursue meaningful and productive lives; ``(D) contribute to their family, community, State, and Nation; ``(E) have interdependent friendships and relationships with others; and ``(F) achieve full integration and inclusion in society; in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities and capabilities of each individual. ``(b) Purpose.--The purpose of this Act is to assure that individuals with developmental disabilities and their families have access to culturally competent services, supports, and other assistance and opportunities that promote independence, productivity, and integration and inclusion into the community, through-- ``(1) support to State Developmental Disabilities Councils in each State to promote, through systemic change, capacity building, and advocacy (consistent with section 101(c)(2)), a consumer and family-centered, comprehensive system, and a coordinated array of services, supports, and other assistance for individuals with developmental disabilities and their families; ``(2) support to protection and advocacy systems in each State to protect the legal and human rights of individuals with developmental disabilities; ``(3) support to university affiliated programs to provide interdisciplinary preservice preparation of students and fellows, community service activities, and the dissemination of information and research findings; and ``(4) support to national initiatives to collect necessary data, provide technical assistance to State Developmental Disabilities Councils, protection, and advocacy systems and university affiliated programs, and support other nationally significant activities. ``(c) Policy.--It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles that-- ``(1) individuals with developmental disabilities, including those with the most severe developmental disabilities, are capable of achieving independence, productivity, and integration and inclusion into the community, and the provision of services, supports and other assistance can improve such individuals' ability to achieve independence, productivity, and integration and inclusion; ``(2) individuals with developmental disabilities and their families have competencies, capabilities and personal goals that should be recognized, supported, and encouraged and any assistance should be provided in an individualized manner, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities of the individual; ``(3) individuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive and play decisionmaking roles in policies and programs that affect the lives of such individuals and their families; ``(4) services, supports, and other assistance are provided in a manner that demonstrates respect for individual dignity, personal preferences, and cultural differences; ``(5) communities accept and support individuals with developmental disabilities and are enriched by the full and active participation and the contributions by individuals with developmental disabilities and their families; and ``(6) individuals with developmental disabilities have opportunities and the necessary support to be included in community life, have interdependent relationships, live in homes and communities, and make contributions to their families, community, State, and Nation.''. SEC. 4. TECHNICAL AMENDMENTS. (a) Protection and Advocacy of the Rights of Individuals With Developmental Disabilities.--The heading of part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) is amended to read as follows: ``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''. (b) System Required.--Section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding at the end the following subsection: ``(i) Public Notice of Federal Onsite Review.--The Secretary shall provide advance public notice of any Federal programmatic and administrative review and solicit public comment on the system funded under this part through such notice. The findings of the public comment solicitation notice shall be included in the onsite visit report. The results of such reviews shall be distributed to the Governor of the State and to other interested public and private parties.''. (c) Definition Regarding University Affiliated Programs.--The Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) is amended-- (1) in section 102(1)-- (A) by inserting ``, except as provided in section 155,'' before ``includes''; and (B) by inserting ``the Commonwealth of'' before ``Puerto Rico''; and (2) by adding at the end of part D the following section: ``SEC. 155. DEFINITION. ``For purposes of this part, the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.''. SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS. (a) Planning of Priority Area Activities.--Section 130 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6030) is amended by striking ``$77,400,000'' and all that follows and inserting the following: ``$70,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (b) Protection and Advocacy of Individual Rights.--Section 143 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6043) is amended by striking ``$24,200,000'' and all that follows and inserting the following: ``$24,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (c) University Affiliated Program.--Section 154 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6064) is amended to read as follows: ``SEC. 154. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of making grants under subsections (a) through (e) of section 152, there are authorized to be appropriated $19,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. (d) Projects of National Significance.--Section 163(a) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6083(a)) is amended by striking ``$3,650,000'' and all that follows and inserting the following: ``$4,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''.

Summary: Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to revise the Act's statements of findings and purpose and to declare related policy. Requires: (1) advance public notice of any Federal programmatic and administrative review; (2) solicitation of public comment on State systems to protect and advocate the rights of persons with developmental disabilities; (3) inclusion of the comment findings in the onsite visit report; and (4) distribution of the review results. Removes from the definition of "State," as it applies to university affiliated programs under the Act, references to the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. Authorizes appropriations under the Act for priority area activities, protection and advocacy of the rights of individuals with developmental disabilities, university affiliated programs, and projects of national significance.


SECTION 1. RECOGNITION OF ACCREDITING AGENCIES AND ASSOCIATIONS. (a) Due Process.--Paragraph (6) of section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended to read as follows: ``(6) such agency or association shall apply procedures throughout the accrediting process, including evaluation, interim sanction, and withdrawal or termination of accreditation proceedings, that comply with due process, including the right to-- ``(A) adequate specification of the agency's accrediting requirements; ``(B) written notice of deficiencies at the institution of higher education or program being examined and a reasonable time period, expressly set forth in the notice, to correct the deficiencies; ``(C) advance notice of and an opportunity for a hearing by any such institution before the agency's decision making body prior to the agency's final consideration of imposition of an adverse action; ``(D) appeal any adverse action by the agency against any such institution to an independent and impartial arbitration panel appointed jointly by the agency and the institution and conducted at the location of the institution; ``(E) appeal, at a minimum, the adequacy of the evidence supporting the adverse action decision, the adequacy of the agency's compliance with its own policies and procedures, and the extent to which the decision of the agency was tainted by bias or prejudice of any agent or official of the agency; ``(F) representation by counsel for any such institution; ``(G) an arbitration panel decision that may affirm or reverse, but not modify, the decision appealed by the institution; and ``(H) an allocation of the costs of the appeal that requires the agency and institution to each bear its own attorney, witness, and other costs of presentation of its case at the arbitration hearing and shifts the cost of the arbitration panel and any court reporter to the losing party; except that the Secretary may issue regulations to further define due process requirements as needed to protect accredited institutions, but may not by regulation reduce due process requirements available to accredited institutions, whether the due process is required under this paragraph or another provision of law or regulation;''. (b) Additional Criteria.--Section 496(a) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(9) if an agency or association conducts an assessment of an institution's governing board-- ``(A) such assessment shall consistently apply the accreditation standard, to the greatest extent possible, to any State-appointed receiver, special trustee, or similar interim governing authority, until such time as governing authority is returned to the regular governing board; and ``(B) such agency or association shall not terminate accreditation solely on the ground that the institution is under interim management of a State- appointed receiver, special trustee, or similar governing authority unless the agency or association determines that there are other deficiencies at the institution that provide grounds for termination, and that, after providing due process required by this section, the interim governing authority has not corrected such deficiencies within a reasonable period of time; and ``(10) such agency or association, and any officer or subdivision of such agency or association that makes accreditation recommendations to its decision-making board, shall conduct meetings open to public observation and comment and shall, at least 7 days before the time of any such meeting, post and distribute its meeting agenda electronically and otherwise to the public, and, for purposes of this paragraph-- ``(A) the term `meetings' includes all meetings, hearings, appeals, deliberations, and votes on accreditation matters regarding any educational institution or on accrediting standards, policies, or procedures; and ``(B) the Secretary shall issue regulations to implement this paragraph.''. (c) Recognition of State Accrediting Agencies.--Section 496(a)(3)(B) (20 U.S.C. 1099b(a)(3)(B)) is amended by striking ``on or before October 1, 1991''.

Summary: Amends the Higher Education Act of 1965 to revise due process standards governing the accreditation process of educational institutions. Requires accrediting agencies and associations to provide educational institutions with: (1) written notice of deficiencies and a reasonable time period to correct such deficiencies; (2) advance notice of any adverse action and an opportunity for a hearing; and (3) a right to appeal an adverse action to an independent and impartial arbitration panel. Requires accrediting agencies and associations to: (1) ensure consistent application of accreditation standards to an educational institution's governing board in receivership; and (2) allow public access to meetings involving accreditation recommendations. Authorizes the Secretary of Education to issue regulations to further define due process requirements for the accreditation process.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001''. SEC. 2. PURPOSES. Section 102(b) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``(b) Purposes.--The purposes of this Act are-- ``(1) to direct the Secretary to conduct research, development, and demonstration activities leading to the production, storage, transportation, and use of hydrogen for industrial, commercial, residential, transportation, and utility applications; ``(2) to direct the Secretary to develop a program of technology assessment, information dissemination, and education in which Federal, State, and local agencies, members of the energy, transportation, and other industries, and other entities may participate; and ``(3) to develop methods of hydrogen production that minimize adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable energy resources.''. SEC. 3. DEFINITIONS. Section 102(c) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2), as so redesignated by paragraph (1) of this section, the following new paragraph: ``(1) `advisory board' means the advisory board established under section 108;''. SEC. 4. REPORTS TO CONGRESS. Section 103 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 103. REPORTS TO CONGRESS. ``(a) Requirement.--Not later than 1 year after the date of the enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001, and annually thereafter, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs and activities authorized under this Act. ``(b) Contents.--A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary-- ``(1) an analysis of Federal, State, and local hydrogen- related research and development activities to identify productive areas for increased intergovernmental collaboration; ``(2) a determination of the effectiveness of the technology assessment, information dissemination, and education program established under section 106; and ``(3) recommendations of the advisory board for any improvements needed in the programs and activities authorized by this Act.''. SEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT. Section 104 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT. ``(a) Establishment of Program.--The Secretary shall conduct a hydrogen research and development program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, commercial, residential, transportation, and utility applications. ``(b) Elements.--In conducting the program authorized by this section, the Secretary shall-- ``(1) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into the marketplace; ``(2) initiate or accelerate existing research and development in critical technical issues that will contribute to the development of more economical hydrogen production, storage, transportation, and use, including critical technical issues with respect to production (giving priority to those production techniques that use renewable energy resources as their primary source of energy for hydrogen production), liquefaction, transmission, distribution, storage, and use (including use of hydrogen in surface transportation); and ``(3) survey private sector and public sector hydrogen research and development activities worldwide, and take steps to ensure that research and development activities under this section do not-- ``(A) duplicate any available research and development results; or ``(B) displace or compete with the privately funded hydrogen research and development activities of United States industry. ``(c) Evaluation of Technologies.--The Secretary shall evaluate, for the purpose of determining whether to undertake or fund research and development activities under this section, any reasonable new or improved technology that could lead or contribute to the development of economical hydrogen production, storage, transportation, and use. ``(d) Competitive Peer Review.--The Secretary shall carry out or fund research and development activities under this section only on a competitive basis using peer review. ``(e) Cost Sharing.--The Secretary shall require, for research and development activities carried out by industry under this section, a commitment from non-Federal sources of at least 20 percent of the cost of the project.''. SEC. 6. DEMONSTRATIONS. Section 105(c) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended by inserting ``Non-Federal Funding Requirement.--'' after ``(c)''. SEC. 7. TECHNOLOGY TRANSFER. Section 106 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND EDUCATION PROGRAM. ``(a) Program.--The Secretary shall, in consultation with the advisory board, conduct a program designed to accelerate wider application of hydrogen production, storage, transportation, and use technologies, including application in foreign countries to increase the global market for the technologies and foster global economic development without harmful environmental effects. ``(b) Information.--The Secretary, in carrying out the program authorized by subsection (a), shall-- ``(1) undertake an update of the inventory and assessment, required under section 106(b)(1) of this Act as in effect before the date of the enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen technologies and their commercial capability to economically produce, store, transport, or use hydrogen in industrial, commercial, residential, transportation, and utility sectors; ``(2) develop, with other Federal agencies as appropriate and industry, an information exchange program to improve technology transfer for hydrogen production, storage, transportation, and use, which may consist of workshops, publications, conferences, and a database for the use by the public and private sectors; and ``(3) foster the exchange of generic, nonproprietary hydrogen production, storage, transportation, and use information and technology among industry, academia, and Federal, State, and local governments.''. SEC. 8. COORDINATION AND CONSULTATION. Section 107 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended-- (1) in subsection (a), by striking ``management responsibility--'' and all that follows through ``(2)'' and inserting ``management responsibility''; and (2) by amending subsection (c) to read as follows: ``(c) Consultation.--The Secretary shall consult with other Federal agencies as appropriate, and the advisory board, in carrying out the Secretary's authorities pursuant to this Act.''. SEC. 9. ADVISORY BOARD. Section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 108. ADVISORY BOARD. ``(a) Establishment.--The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to establish an advisory board consisting of experts drawn from domestic industry, academia, Governmental laboratories, and financial, environmental, and other organizations, as appropriate, to review and advise on the progress made through the programs and activities authorized under this Act. ``(b) Cooperation.--The heads of Federal agencies shall cooperate with the advisory board in carrying out this section and shall furnish to the advisory board such information as the advisory board reasonably deems necessary to carry out this section. ``(c) Review.--The advisory board shall review and make any necessary recommendations to the Secretary on-- ``(1) the implementation and conduct of programs and activities authorized under this Act; and ``(2) the economic, technological, and environmental consequences of the deployment of hydrogen production, storage, transportation, and use systems.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 109 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 109. AUTHORIZATION OF APPROPRIATIONS. ``(a) Research and Development; Advisory Board.--There are authorized to be appropriated to the Secretary to carry out sections 104 and 108-- ``(1) $40,000,000 for fiscal year 2002; ``(2) $45,000,000 for fiscal year 2003; ``(3) $50,000,000 for fiscal year 2004; ``(4) $55,000,000 for fiscal year 2005; and ``(5) $60,000,000 for fiscal year 2006. ``(b) Demonstration.--There are authorized to be appropriated to the Secretary to carry out section 105-- ``(1) $20,000,000 for fiscal year 2002; ``(2) $25,000,000 for fiscal year 2003; ``(3) $30,000,000 for fiscal year 2004; ``(4) $35,000,000 for fiscal year 2005; and ``(5) $40,000,000 for fiscal year 2006.''. SEC. 11. REPEAL. (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is repealed. (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of 1996 is amended by striking ``titles II and III'' and inserting ``title III''.

Summary: Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include: (1) research and demonstration activities leading to the use of hydrogen for commercial applications; and (2) the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable resources. Repeals as a purpose the development of renewable energy resources as a primary source of energy for hydrogen production.Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act; (2) conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries, increase the global market for hydrogen technologies, and foster global economic development without harmful environmental effects; and (3) enter into arrangements with the National Academy of Sciences to establish an advisory board to replace the current Hydrogen Technical Advisory Panel.Amends the Hydrogen Future Act of 1996 to repeal the program relating to the integration of fuel cells with hydrogen production systems.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Health Advisory Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Mercury is a persistent, bioaccumulative heavy metal that poses a significant risk to human health, wildlife, and the environment. (2) Mercury discharges into the atmosphere and surface oceans have increased two-to-five fold since the beginning of the industrialized period due to human activities. (3) Substantial evidence is accumulating that exposure to methyl-mercury is widespread in the general public and occurring at higher than health-based levels of concern according to the Food and Drug Administration, the Environmental Protection Agency, and the World Health Organization. Fish and seafood caught or sold in the United States are contaminated with methyl-mercury, a toxic element that may cause neurological damage and other health-related problems as a result of fish or seafood consumption. (4) According to the 1997 Environmental Protection Agency Mercury Report to Congress, mercury levels in the following fish, at least occasionally, exceeded the Food and Drug Administration's ``action level'' limit of 1 part per million: tilefish, king mackerel, shark, swordfish, tuna, lobster, red snapper, saltwater and freshwater bass, bluefish, bluegills, catfish, crappie, groupers, hake, halibut, northern pike, walleye, largemouth bass, pompano, snook, sunfish, and other finfish. (5) The Food and Drug Administration advises pregnant women and women of childbearing age not to eat shark, king mackerel, tilefish, and swordfish and to limit consumption of all other fish to 12 ounces per week. The Food and Drug Administration advises other persons to limit their consumption of shark and swordfish to no more than 7 ounces per week. (6) The Environmental Protection Agency recommends that women who are pregnant or who may become pregnant, nursing mothers, and young children limit fish consumption to 6 meals per week of cooked fish or an 8-ounce meal per week for uncooked fish for adults and 2 meals per week of cooked fish or a 3-ounce meal per week of uncooked fish for young children. (7) In 2003, 44 States issued health advisories that warned the public about consuming mercury-tainted fish, as compared to 27 States that issued such advisories in 1993. (8) Eleven States warn pregnant women and young children to limit consumption of canned tuna, the most consumed fish in the United States, to 1 or 2 cans per week and some States warn that the ``white'' albacore canned tuna has significantly higher mercury levels than the ``light'' tuna, based upon Food and Drug Administration testing. (9) Data from the National Health and Nutrition Examination Survey Centers indicates that 7.8 percent of women of childbearing age have blood mercury levels in their bodies above what is considered safe for the developing fetus, translating into over 300,000 babies born each year in the United States at risk of mercury poisoning. (10) Between 30 percent and 50 percent of women of childbearing age are not aware of the methyl-mercury exposure risks from ingestion of mercury-contaminated fish, according to the Food and Drug Administration. (11) A January 2001 report by the United States General Accounting Office (GAO) criticized the Food and Drug Administration for not providing guidance to the fishing industry to identify and prevent fish contaminated with mercury from reaching consumers, even though the Agency's own testing found that, for example, over half of the swordfish exceeded its action level of one part per million (ppm). (12) Evidence is continuing to emerge linking increased risk of coronary heart disease to mercury exposure, as presented in at least 2 peer reviewed studies. (13) Health advisory information on mercury-contaminated fish, which is necessary to protect public health, is not widely known by the State or Federal Government. This lack of awareness potentially threatens tens of millions of Americans who may unknowingly ingest harmful amounts of mercury because they are not aware of exposure risks from consumption of freshwater fish and seafood. (b) Purposes.--The purposes of this Act are to-- (1) ensure that the public is adequately informed about the potential adverse effects of mercury exposure through the consumption of fish products; (2) require the Secretary of Health and Human Services to work cooperatively with other Federal and State agencies, as well as nonprofit organizations, to create appropriate advisories for the distribution to the public of explanations of the potential adverse effects of mercury exposure from fish consumption; (3) require the Administrator of the Environmental Protection Agency to work cooperatively with State fish and game officials to create an informative guide for distribution to the public about the dangers of the consumption of recreationally-caught fish; (4) require the Food and Drug Administration to resume its seafood methyl-mercury monitoring program to better document mercury levels in various fish species sold in commerce; (5) require the Secretary of Health and Human Services, in cooperation with private and public organizations, to design and implement a National Public Education Program regarding the presence of methyl-mercury in seafood and fish consumption advisories for methyl-mercury; and (6) require the Administrator of the Environmental Protection Agency to annually prepare a report on the impacts of mercury on human health and the environment. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of Food and Drugs. (3) Health professional.--The term ``health professional'' means any licensed professional in the dental and medical profession. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ADVISORY NOTICES. (a) Consumer Mercury Advisory Notice.-- (1) In general.--The Administrator and the Commissioner shall jointly develop fish consumption advisories for methyl- mercury in fish. Such advisories shall be based on the Environmental Protection Agency's Reference Dose for-- (A) the general population; (B) sensitive populations; and (C) populations consuming above average amounts of fish. (2) Consumer's notice.--The Secretary, in consultation with the Administrator and the heads of State environmental agencies and health departments, shall prepare a consumer's mercury advisory notice. Such notice shall be distributed widely by the Secretary, at no cost, to health professionals, particularly medical offices that provide gynecological, obstetrical, or pediatric care, and to the extent practicable shall be made available and posted in the patient or client areas of all maternal and child health and nutrition program offices, and shall be made available to health care providers, Federal, State, and local government agencies, and the general public upon request. (3) Criteria.--The advisories developed under this subsection shall-- (A) explain, in an easily understandable manner, the dangers of mercury exposure through the consumption of mercury contaminated fish to women of childbearing age, women who expect to become pregnant, women who are pregnant or breast feeding their children, and young children and their parents; (B) describe, in an easily understandable manner, in detail the most current mercury health advisories prepared by the Federal Government concerning fish consumption, contain the toll free number established under paragraph (4), and contain such other information as the Secretary determines appropriate; and (C) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate. (4) Toll-free telephone number.--The Secretary shall establish a toll-free telephone number to enable individuals to obtain additional information about the health advisories developed under this subsection concerning exposure to mercury from consumption of fish and seafood, as well as exposure from other sources. (5) Updating of information.--The information provided under this subsection shall be updated periodically as determined necessary by the Secretary. (b) Mercury Warning Consumer's Guide.-- (1) In general.--The Administrator, in consultation with the Secretary, shall prepare a consumer's guide to mercury and health advisory for the consumption of recreationally-caught fish. Such guide shall be distributed, at no cost, to-- (A) State departments of fisheries, wildlife, and environmental law enforcement; (B) all applicants for a fishing license at the time the license is issued; and (C) to public upon request. (2) Criteria.--The guide developed under paragraph (1) shall-- (A) be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate; (B) contain the toll free telephone number established by the Environmental Protection Agency that residents may call for further information about the health advisories contained in the guide. (3) Updating of information.--The guide developed under paragraph (1) shall be updated periodically as determined necessary by the Secretary. (c) Consumption Advisory.-- (1) In general.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator, shall work with the States and other appropriate entities to-- (A) develop and distribute regional and national advisories concerning the presence of methyl-mercury in seafood; (B) develop standardized formats for written and broadcast advisories regarding methyl-mercury in seafood; (C) develop and periodically upgrade information related to mercury fish tissue test results and fish consumption advisories for methyl-mercury; (D) coordinate State and local advisories in the formation of the National Public Education Program under subsection (d)(1); and (E) coordinate with that sector of the retail food industry that is engaged in the sale of any fresh, packaged, or frozen fish or seafood products intended for human consumption, concerning the posting of such advisories in their place of business where fish are sold to inform women of childbearing age, pregnant, and nursing women and the parents of young children on the potential dangers of mercury that is present in certain fish or seafood. (2) Criteria.--The advisories and notices developed under paragraph (1) shall include information both on limiting the consumption of certain high level fish and seafood to the general population and, for sensitive populations such as women of childbearing age and children, stress the importance of limiting consumption of frequently consumed fish that may exceed the Environmental Protection Agency's Reference Dose. (3) Consumption advisory.-- (A) In general.--Based on information compiled by the Environmental Protection Agency, the National Marine Fisheries Services, and the Food and Drug Administration, shall work with State health, fish and wildlife, and environmental agencies to develop and periodically update a consumption advisory for any fresh, packaged, or frozen fish or seafood products intended for human consumption for posting by retail food establishments and restaurants pursuant to this Act. The advisory shall provide information about the potential dangers from the ingestion of mercury from the consumption of fish and seafood by women of childbearing age, pregnant women, and young children and other at-risk groups as determined by the Department, including populations consuming above- average quantities of fish and seafood. (B) Distribution.--The Secretary shall make copies of the advisory developed under subparagraph (A) available to State boards of health or other State and local governmental entities that have the same authority as a State board of health for distribution to the public and to local retail food establishments and restaurants. (4) Requirements.--The advisories and notices developed under this subsection shall be printed in large type in English, Spanish, and other languages determined by the Secretary to be culturally and linguistically appropriate. (d) Public Education and Advisory System.-- (1) Public education.--The Secretary, in consultation with public and nonprofit private entities (including cooperative extension services and appropriate State entities), shall design and implement a national public education program regarding the presence of methyl-mercury in seafood. (2) Features.--The program developed under paragraph (1) shall provide-- (A) information to the public regarding-- (i) Federal standards and good practice requirements relating to methyl-mercury in seafood; and (ii) the promotion of public awareness, understanding, and acceptance of such standards and requirements; (B) information to health professionals so that health professionals may improve the diagnosis and treatment of mercury-related illness and advise individuals whose health conditions place those individuals at particular risk; and (C) such other information or advice to consumers and other individuals as the Secretary determines will promote the purposes of this section. (e) Sampling and Monitoring.-- (1) In general.--The Commissioner shall resume the seafood methyl-mercury monitoring sampling program of the Food and Drug Administration to assist in documenting mercury levels in various fish species. (2) Monitoring.--The sampling program described in paragraph (1) shall be conducted so as to provide statistically valid monitoring data with respect to mercury levels in fish and seafood (including market-basket studies) including documenting the extent to which fish with mercury levels in excess of the action level are sold in commerce. Such information, along with information gathered by the Environmental Protection Agency, shall be compiled into an annual report by the Commissioner to track changes in dietary exposure to mercury from fish and seafood. (3) Avoidance of duplication of effort.--To the extent practicable, the sampling program described in paragraph (1) shall be consistent with, and shall be coordinated with, other seafood sampling programs that are in use, so as to avoid duplication of effort. SEC. 5. HAACP ASSESSMENT. Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the Hazard Analysis and Critical Control Point assessment to determine whether or not methyl-mercury exposure through fish consumption is a public health hazard. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Public Education and Advisory System.--There is authorized to be appropriated to develop and implement the public education and advisory system under section 3(d), $500,000 for each fiscal year. (b) Sampling.--There is authorized to be appropriated to carry out sampling under section 3(e), $1,000,000 for each fiscal year. (c) State Support.-- (1) In general.--There is authorized to be appropriated to support the efforts of States to sample noncommercial fish and inland waterways for mercury and to produce State-specific health advisories related to mercury, $2,000,000 for each fiscal year. (2) Equitable distribution.--The Administrator shall distribute amounts made available under paragraph (1) equitably among the States through programs in existence on the date of enactment of this Act.

Summary: Mercury Health Advisory Act of 2003 - Requires the Administrator of the Environmental Protection Agency and the Commissioner of Food and Drugs jointly to develop fish consumption advisories for methyl-mercury in fish. Directs the Secretary of Health and Human Services to: (1) prepare and distribute to health professionals (and others upon request) a consumer's mercury advisory notice regarding the health risks of fish consumption; and (2) establish a toll-free number for individuals who desire additional information. Requires the Administrator to prepare and distribute to specified State entities and applicants for fishing licenses (and others upon request) a consumer's guide to mercury, including a health advisory for the consumption of recreationally-caught fish. Requires the Secretary to work with States and other entities to: (1) develop and distribute standardized advisories, including consumption advisories and health warnings, regarding the presence of methyl-mercury in seafood; and (2) design and implement a related national public education program. Directs the Commissioner to resume the Food and Drug Administration's seafood methyl-mercury monitoring sampling program. Requires the Secretary, within one year of enactment of this Act, to finalize the Hazard Analysis and Critical Control Point assessment to determine whether methyl-mercury exposure through fish consumption is a public health hazard.


SECTION 1. PRIVATIZATION OF WASTE CLEANUP AND MODERNIZATION ACTIVITIES OF DEFENSE NUCLEAR FACILITIES. (a) Contract Authority.--Notwithstanding any other law, the Secretary of Energy may enter into 1 or more long-term contracts for the procurement, from a facility located within 25 miles of a current or former Department of Energy defense nuclear facility, of products and services that are determined by the Secretary to be necessary to support waste cleanup and modernization activities at such facilities, including the following services and related products: (1) Waste remediation and environmental restoration, including treatment, storage, and disposal. (2) Technical services. (3) Energy production. (4) Utility services. (5) Effluent treatment. (6) General storage. (7) Fabrication and maintenance. (8) Research and testing. (b) Contract Provisions.--A contract under subsection (a)-- (1) shall be for a term of not more than 30 years; (2) shall include options for 2 10-year extensions of the contract; (3) when nuclear or hazardous material is involved, shall include an agreement to-- (A) provide indemnification pursuant to section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)); (B) indemnify, protect, and hold harmless the contractor from and against all liability, including liability for legal costs, relating to any preexisting conditions at any part of the defense nuclear facility managed under the contract; (C) indemnify, protect, and hold harmless the contractor from and against all liability to third parties, including liability for legal costs, relating to claims for personal injury, illness, property damage, and consequential damages; and (D) provide for indemnification of subcontractors as described in subparagraphs (A), (B), and (C); (4) shall permit the contractor (in accordance with Federal law) to obtain a patent for and use for commercial purposes a technology developed by the contractor in the performance of the contract; (5) shall not provide for payment to the contractor of cost plus a percentage of cost or cost plus a fixed fee; and (6) shall include such other terms and conditions as the Secretary of Energy considers appropriate to protect the interests of the United States. (c) Preference for Local Residents.--In entering into contracts under subsection (a), the Secretary of Energy shall give preference, consistent with Federal, State, and local law, to entities that plan to hire, to the maximum extent practicable, residents of the vicinity of the Department of Energy defense nuclear facility concerned and to persons who have previously been employed by the Department of Energy or its private contractor at the facility. (d) Subsequently Enacted Requirements.-- (1) Definition.--In this subsection, the term ``applicable requirement'' means a requirement in an Act of Congress or regulation that applies specifically to activities described in subsection (a). (2) Increased costs.-- (A) In general.--A contractor under a contract under subsection (a) shall be exempt from an applicable requirement that would increase the cost of performing the contract that is-- (i) imposed by regulation by a Federal, State, or local governmental agency after the date on which the contract is entered into unless the regulation is issued under an Act of Congress described in the exception stated in clause (ii); or (ii) imposed by an Act of Congress enacted after the date of enactment of this Act, except an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to subject such a contractor to the requirement. (B) Amendment of contract.--In the case of enactment of an Act of Congress described in the exception stated in subparagraph (A)(ii), the Secretary of Energy and the contractor shall negotiate an amendment to a contract under subsection (a) providing full compensation to the contractor for the increased cost incurred in order to comply with any additional requirement of law. (3) Reduced costs.-- (A) In general.--A contractor under a contract under subsection (a) may elect to be governed by a change in a requirement that would reduce the cost of performing the contract that is-- (i) adopted by regulation by a Federal, State, or local governmental agency after the date on which the contract is entered into, unless the change is made pursuant to an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to continue to subject such a contractor to that requirement, as in effect prior to the date of enactment of that Act of Congress; or (ii) enacted by an Act of Congress enacted after the date of enactment of this Act, except an Act of Congress that refers to this paragraph and explicitly states that it is the intent of Congress to continue to subject such a contractor to that requirement, as in effect prior to the date of enactment of that Act of Congress. (B) Amendment of contract.--In the case of a change in a requirement that is to be applied to a contractor that will reduce the cost of performing the contract, the Secretary of Energy and the contractor shall negotiate an amendment to a contract under subsection (a) providing for a reduction in the amount of compensation to be paid to the contractor commensurate with the amount of any reduction in costs resulting from the change. (e) Payment of Balance of Unamortized Costs.-- (1) Definition.--In this subsection, the term ``special facility'' means land, a depreciable building, structure, or utility, or depreciable machinery, equipment, or material that is not supplied to a contractor by the Department of Energy. (2) Contract term.--A contract under subsection (a) may provide that if the contract is terminated for the convenience of the Government, the Secretary of Energy shall pay the unamortized balance of the cost of any special facility acquired or constructed by the contractor for performance of the contract. (3) Source of funds.--The Secretary of Energy may make a payment under a contract term described in paragraph (2) and pay any other costs assumed by the Secretary as a result of the termination out of any appropriations that are available to the Department of Energy for operating expenses for the fiscal year in which the termination occurs or for any subsequent fiscal year. (f) Lease of Federally Owned Land.-- (1) In general.--Notwithstanding any other provision of law, the Secretary of Energy may lease federally owned land at a current or former Department of Energy defense nuclear facility to a contractor in order to provide for or to facilitate the construction of a facility in connection with a contract under subsection (a). (2) Term.--The term of a lease under this paragraph shall be the lesser of-- (A) the expected useful life of the facility to be constructed; or (B) the term of the contract. (3) Terms and conditions.--A lease under paragraph (1) shall-- (A) require the contractor to pay rent in amounts that the Secretary of Energy considers to be appropriate; and (B) include such other terms and conditions as the Secretary of Energy considers to be appropriate. (g) Nuclear Standards.--The Secretary of Energy shall, whenever practicable, consider applying commercial nuclear standards to a facility used in the performance of a contract under subsection (a). (h) Limitation on Liability.-- (1) Definitions.--In this subsection, the terms ``hazardous substance'', ``pollutant or contaminant'', ``release'', and ``response'' have the meanings stated in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (2) In general.--A contractor under a contract under subsection (a) or a subcontractor of the contractor shall not be liable under Federal, State, or local law for any injury, cost, damage, expense, or other relief on a claim by any person for death, personal injury, illness, loss of or damage to property, or economic loss caused by a release or threatened release of a hazardous substance or pollutant or contaminant during performance of the contract unless the release or threatened release is caused by conduct of the contractor or subcontractor that is negligent or that constitutes intentional misconduct. (3) Repose.--No action (including an action for contribution or indemnity) to recover for damage to real or personal property, economic loss, personal injury, illness, death, or other expense or cost arising out of the performance under this section of a response action under a contract under subsection (a) may be brought against the contractor (or subcontractor of the contractor) under Federal, State, or local law after the date that is 6 years after the date of substantial completion of the response action. SEC. 2. PREFERENCE AND ECONOMIC DIVERSIFICATION FOR COMMUNITIES AND LOCAL RESIDENTS. (a) Definition.--In this section, the term ``qualifying Department of Energy site'' means a site that contains at least 1 current or former Department of Energy defense nuclear facility for which the Secretary of Energy is required by section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h) to develop a plan for restructuring the work force. (b) Preference.--In entering into a contract with a private entity for products to be acquired or services to be performed at a qualifying Department of Energy site, the Secretary of Energy and contractors under the Secretary's supervision shall, to the maximum extent practicable, give preference to an entity that is otherwise qualified and within the competitive range (as determined under section 15.609 of title 48, Code of Federal Regulations, or a successor regulation, as in effect on the date of the determination) that plans to-- (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the vicinity of the site, especially dislocated site workers, to perform the contract; and (3) invest in value-added activities in the vicinity of the site to mitigate adverse economic development impacts resulting from closure or restructuring of the site. (c) Applicability.--Preference shall be given under subsection (b) only with respect to a contract for an environmental management and restoration activity that is entered into after the date of enactment of this Act. (d) Termination.--This section shall expire on September 30, 1999.

Summary: Authorizes the Secretary of Energy to enter into one or more contracts with facilities located within 25 miles of a current or former Department of Energy (DOE) defense nuclear facility for the procurement of products and services to support waste cleanup and modernization activities at such nuclear facilities. Requires the Secretary to give preference to facilities that plan to hire, to the maximum extent practicable, residents in the vicinity of the defense nuclear facility who are employed or who have previously been employed by DOE or its private contractor at the facility. Prohibits any person from bringing a claim against a contractor or subcontractor for injury, cost, damage, illness, death, damage to property, or economic loss caused by a release of a hazardous contaminant during performance of the contract, unless such release or threatened release is caused by contractor or subcontractor negligence or intentional misconduct. Sets forth a six year statute of limitations for commencement of such actions. Directs the Secretary and contractors under the Secretary's supervision, in entering into a contract or subcontract with a private entity for products to be acquired or services to be performed at a qualifying DOE site, to give preference to an entity (otherwise qualified and within the competitive range) that plans to: (1) provide products and services originating from communities within 25 miles of the site; (2) hire residents living in the site's vicinity to perform the contract (especially dislocated site workers); and (3) invest in value-added activities in the site's vicinity to mitigate adverse economic development impacts resulting from closure or restructuring of the site.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Prevention and Paperwork Reduction Act of 2000''. SEC. 2. FEDERAL COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized forms.--Standardizing credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of such members as the Comptroller General of the United States shall appoint. (2) Qualifications.--The membership of the Commission shall include individuals who are members of the medical community. (d) Incorporation of MedPAC Provisions.--The provisions of paragraphs (3) through (6) of subsection (c) and subsections (d) through (f) of section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall apply to the Commission in the same manner as they apply to the Medicare Payment Advisory Commission. (e) Reports.--The Commission shall submit to Congress and the President such periodic reports on its recommendations as it deems appropriate. SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days respond with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Health Care Financing Administration shall restore the toll-free telephone hotline so that physicians may call for information and questions about the medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--HCFA may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the medicare program, unless HCFA-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians; (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different HCFA regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the CPT book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--HCFA shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, six months after the conclusion of the pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of E&M codes by physicians and their staffs. (7) The extent to which the tested E&M documentation guidelines substantially adhere to the CPT coding rules. (d) Definitions.--For purposes of this section and sections 5 and 6: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) HCFA.--The term ``HCFA'' means the Health Care Financing Administration. (5) Medicare program.--The term ``medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary shall permit physicians to repay medicare overpayments within 3 months without penalty or interest and without threat of denial of other claims based upon extrapolation. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a medicare claim only if the carrier has informed the physician of potential problems with the claim within one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen. SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM. If a physician is suspected of fraud or wrongdoing in the medicare program, inspectors associated with the Office of Inspector General of the Department of Health and Human Services-- (1) may not enter the physician's private office with a gun or deadly weapon to make an arrest; and (2) may not make such an arrest without a valid warrant of arrest, unless the physician is fleeing or deemed dangerous.

Summary: Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program. Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines; and (2) medicare overpayments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``State Innovation Pilot Act of 2011''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to support State, local, and tribal leadership and innovation in preparing all students to meet State-developed college and career ready academic content standards and student academic achievement standards, by establishing a process to permit State, local, and tribal educational leaders to implement alternative and innovative strategies to improve student academic achievement and otherwise meet the purposes of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (2) to direct the Secretary of Education to defer to State, local, and tribal judgments regarding how best to accomplish the purposes of the Elementary and Secondary Education Act of 1965. SEC. 3. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS. Section 9401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Request for waiver.--A State educational agency, local educational agency, or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. ``(2) Receipt of waiver.--Except as provided in subsection (c), the Secretary shall waive any statutory or regulatory requirement of this Act for a State educational agency, local educational agency, Indian tribe, or school (through a local educational agency), that submits a waiver request pursuant to this subsection.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``, which shall include a plan'' after ``waiver request to the Secretary''; (ii) in subparagraph (B), by striking ``and how the waiving of those requirements will'' and all that follows through the end, and inserting a semicolon; (iii) by redesignating subparagraph (E) as subparagraph (F); and (iv) by striking subparagraphs (C) and (D), and inserting the following: ``(C) reasonably demonstrates that the waiver will improve instruction for students, advance student academic achievement, and contribute to student mastery of knowledge and skills, consistent with the State's college and career ready academic content standards and student academic achievement standards; ``(D) describes the methods the State educational agency, local educational agency, or Indian tribe will use to-- ``(i) monitor the effectiveness of the implementation of the plan; and ``(ii) assure regular evaluation and continuous improvement of the plan; ``(E) as applicable to the waiver request-- ``(i) describes the State educational agency, local educational agency, or Indian tribe's process for making valid and meaningful accountability determinations, based on student academic achievement, to review the success of schools and local educational agencies or Indian tribes in implementing the State's college and career ready academic content standards and student academic achievement standards; ``(ii) describes the State educational agency, local educational agency, or Indian tribe's process for accurately and meaningfully identifying, supporting, and intervening in underperforming schools, consistent with applicable State or local policy; and ``(iii) includes information on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to the student subgroups described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); and''; (B) in paragraph (2)(B)(i)(II), by striking ``(on behalf of, and based on the requests of, local educational agencies)'' and inserting ``(on their own behalf, or on behalf of, and based on the requests of, local educational agencies in the State)''; (C) in paragraph (3)(A), in the matter preceding clause (i), by inserting ``or on behalf of local educational agencies in the State,'' after ``acting on its own behalf,''; and (D) by adding at the end the following: ``(4) Peer review.-- ``(A) Peer review team.-- ``(i) In general.--The Secretary shall establish multi-disciplinary peer review teams and appoint members to such teams, including persons who have experience with a State educational agency (or local educational agency or Indian tribe, as appropriate) and broader education reform experience, to review waiver requests under this section if-- ``(I) the Secretary requests such input in order to approve a waiver request; or ``(II) the Secretary intends to disapprove a request. ``(ii) Team in place for all waiver requests.--The Secretary may, at the Secretary's discretion, have a peer review team review all waiver requests submitted under this section. ``(B) Applicability.--The Secretary may approve a waiver request under this section without conducting a peer review of the request, but shall use the peer review process under this paragraph before disapproving such a request. ``(C) Purpose of peer review.--The peer review process shall be designed to-- ``(i) promote effective implementation of State-developed college and career ready academic content standards and student academic achievement standards, through State and local innovation; and ``(ii) provide transparent feedback to State educational agencies, local educational agencies, or Indian tribes, designed to strengthen the applicant's plan described under paragraph (1)(C). ``(D) Standard and nature of review.--Peer reviewers shall conduct a good faith review of waiver requests submitted to them under this section. Peer reviewers shall review such waiver requests-- ``(i) in their totality; ``(ii) in deference to State and local judgment; and ``(iii) with the goal of promoting State- and local-led innovation. ``(5) Waiver determination, demonstration, and revision.-- ``(A) In general.--The Secretary shall approve a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that-- ``(i) the waiver request does not meet the requirements of this section; ``(ii) the waiver is not permitted under subsection (c); ``(iii) the plan that is required under paragraph (1)(C), and reviewed with deference to State and local judgment, provides no reasonable basis to determine that a waiver will enhance student academic achievement; or ``(iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan, consistent with paragraph (1)(D). ``(B) Waiver determination and revision.--If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall-- ``(i) immediately-- ``(I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and ``(II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; ``(ii) offer the State educational agency, local educational agency, or Indian tribe an opportunity to revise and resubmit the waiver request not more than 60 days after the date of such determination; and ``(iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. ``(C) Waiver disapproval.--The Secretary may disapprove a waiver request if-- ``(i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and ``(ii) the State educational agency, local educational agency, or Indian tribe-- ``(I) does not revise and resubmit the waiver request; or ``(II) revises and resubmits the waiver request, and the Secretary determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). ``(D) External conditions.--The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request.''; (3) in subsection (d)-- (A) in the heading, by adding ``; Limitations'' after ``Duration and Extension of Waiver''; and (B) by adding at the end the following: ``(3) Specific limitations.--The Secretary shall not require a State educational agency, local educational agency, or Indian tribe, as a condition of approval of a waiver request, to-- ``(A) include in, or delete from, such request, specific academic content standards or academic achievement standards; ``(B) use specific academic assessment instruments or items; or ``(C) include in, or delete from, such waiver request any criterion that specifies, defines, or prescribes the standards or measures that a State or local educational agency uses to establish, implement, or improve-- ``(i) State academic content standards or academic achievement standards; ``(ii) assessments; ``(iii) State accountability systems; ``(iv) systems that measure student growth; ``(v) measures of other academic indicators; or ``(vi) teacher and principal evaluation systems.''; (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking the heading and inserting ``Waiver reports''; (ii) in the matter preceding subparagraph (A)-- (I) by striking ``local educational agency that receives'' and inserting ``State educational agency, local educational agency, or Indian tribe that receives''; and (II) by striking ``submit a report to the State educational agency that'' and inserting ``submit a report to the Secretary that''; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraph (4) as paragraph (2); and (D) in paragraph (2), (as redesignated by subparagraph (C)), by striking ``Beginning in fiscal year 2002 and for each subsequent year, the Secretary shall submit to the Committee'' and inserting ``The Secretary shall annually submit to the Committee''; and (5) in subsection (f), by inserting ``and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver,'' after ``has been inadequate to justify a continuation of the waiver''.

Summary: State Innovation Pilot Act of 2011 - Amends part D (Waivers) of title IX (General Provisions) of the Elementary and Secondary Education Act of 1965 to revise the process by which states, LEAs, and Indian tribes obtain waivers of the Act's statutory and regulatory requirements. Requires waiver requests by states, LEAs, or Indian tribes to include a plan that describes how: (1) the waiver will improve instruction and student achievement in accordance with the state's college and career ready academic content and achievement standards; (2) the plan will be evaluated regularly and improved continuously; (3) they will review implementation of the college and career readiness standards; (4) they will identify, support, and intervene in underperforming schools; and (5) they will maintain and improve transparency in reporting to parents and the public on student achievement and school performance. Requires the Secretary of Education to approve requests that meet such requirements and do not involve certain specified statutory or regulatory requirements. Directs the Secretary to establish a multidisciplinary peer review team to review a waiver request if the Secretary requests their input or intends to disapprove the request. Requires peer reviewers to review waiver requests in their totality, in deference to state and local judgment, and with the goal of promoting state and local innovation. Gives the Secretary a limited amount of time to decide on a waiver request. Gives requesters opportunities to revise their requests. Prohibits the Secretary from imposing conditions on a waiver that require the state, LEA, or Indian tribe to adopt or drop specific standards or assessment systems.


SECTION 1. SHORT TITLE. This Act may be cited as the ``No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) any individual convicted of murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) any individual convicted of rape or a dangerous sexual offense involving a child under the age of 14 should be imprisoned for life without the possibility of parole. SEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN FELONS. (a) Penalty.-- (1) In general.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of the State that convicted such person of the first offense: (A) Up to $100,000 shall be transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (2) Multiple states.--In a case in which a State convicts a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in more than one State, the Attorney General shall administer the transfer of the following amounts from Federal law enforcement assistance funds of each State that convicted of a prior offense: (A) Up to $100,000 shall be apportioned equally among the States that convicted of prior offenses and transferred to each victim (or if the victim is deceased, the victim's estate) of the subsequent offense. (B) The cost of incarceration, prosecution, and apprehension of such person shall be apportioned equally among the States that convicted of prior offenses and transferred to the State that convicted of a subsequent offense. Half of the amounts transferred shall be paid to the State entity designated to administer crime victim assistance, and half shall be deposited in a State account that collects Federal law enforcement funds. (b) State Applications.--To receive funds under this section, the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require, including a certification that the State has convicted a person of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of these offenses in another State. (c) Source of Funds.--Any amount transferred as a result of subsection (a) shall be derived by reducing funds from Federal law enforcement assistance programs received by the State that convicted of the first offense. The Attorney General, in consultation with the chief executive of the State that convicted of the first offense, shall develop a payment schedule. (d) Construction.--This section shall not be construed to diminish or modify any court ordered restitution. SEC. 4. UNITED STATES SENTENCING COMMISSION. The United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide that-- (1) whoever is guilty of murder, as defined in section 6 of this Act, shall be punished by death or by imprisonment for life; and (2) whoever is guilty of rape or a dangerous sexual offense, as defined in section 6 of this Act, shall be punished by imprisonment for life. SEC. 5. COLLECTION OF RECIDIVISM DATA. Pursuant to guidelines established in the Uniform Federal Crime Reporting Act of 1988 (Public Law 100-690), the Attorney General shall collect and distribute data to the President, Members of the Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes-- (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) Murder.--The term ``murder'' means the unlawful killing of a human being with malice aforethought, and includes murder-- (A) perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; (B) committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, burglary, or robbery; or (C) perpetrated from a premeditated design unlawfully and maliciously to effect the death of any individual other than the individual who is killed. (2) Rape.--The term ``rape'' includes the carnal knowledge of an individual forcibly and against the will of such individual. (3) Dangerous sexual offense.--The term ``dangerous sexual offense'' means sexual abuse or sexually explicit conduct committed by an individual who is over the age of 18 against a child under the age of 14. (4) Sexual abuse.--The term ``sexual abuse'' includes the employment, use, persuasion, inducement, enticement, or coercion of a child under the age of 14 to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. (5) Sexually explicit conduct.--The term ``sexually explicit conduct'' means actual or simulated-- (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal- genital, or oral-anal contact, whether between persons of the same or of opposite sex; (B) bestiality; (C) masturbation; (D) lascivious exhibition of the genitals or pubic area of a person or animal; or (E) sadistic or masochistic abuse. (6) Sexual contact.--The term ``sexual contact'' means the intentional touching, either directly or though clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person.

Summary: No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole; and (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense; and (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment; and (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses; and (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.