SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1996''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before April 1996. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for March 1995, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS BASED ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT. (a) Requirement of Actual Dependency for Future Entitlements.-- (1) In general.--Section 202(d)(4) of the Social Security Act (42 U.S.C. 402(d)(4)) is amended by striking ``was living with or''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to benefits of individuals who become entitled to such benefits for months after the third month following the month in which this Act is enacted. (b) Termination of Child's Insurance Benefits Based on Work Record of Stepparent Upon Natural Parent's Divorce From Stepparent.-- (1) In general.--Section 202(d)(1) of the Social Security Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``or'' at the end of clause (F); (B) by striking the period at the end of clause (G) and inserting ``; or''; and (C) by inserting after clause (G) the following new clause: ``(H) if the benefits under this subsection are based on the wages and self-employment income of a stepparent who is subsequently divorced from such child's natural parent, the sixth month after the month in which the Commissioner of Social Security receives formal notification of such divorce.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to notifications of divorces received by the Commissioner of Social Security on or after the date of the enactment of this Act. SEC. 4. DENIAL OF DISABILITY BENEFITS TO DRUG ADDICTS AND ALCOHOLICS. (a) Amendments Relating to Title II Disability Benefits.-- (1) In general.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by adding at the end the following: ``(C) An individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.''. (2) Representative payee requirements.-- (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 405(j)(1)(B)) is amended to read as follows: ``(B) In the case of an individual entitled to benefits based on disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) that prevents the individual from managing such benefits.''. (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 405(j)(2)(C)(v)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in paragraph (1)(B).''. (D) Section 205(j)(4)(A)(ii)(II) (42 U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking ``entitled to benefits'' and all that follows through ``under a disability'' and inserting ``described in paragraph (1)(B)''. (3) Treatment referrals for individuals with an alcoholism or drug addiction condition.--Section 222 of such Act (42 U.S.C. 422) is amended by adding at the end the following new subsection: ``Treatment Referrals for Individuals with an Alcoholism or Drug Addiction Condition ``(e) In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 205(j)(1)(B), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''. (4) Conforming amendment.--Subsection (c) of section 225 of such Act (42 U.S.C. 425(c)) is repealed. (5) Effective dates.-- (A) The amendments made by paragraphs (1) and (4) shall apply with respect to monthly insurance benefits under title II of the Social Security Act based on disability for months beginning after the date of the enactment of this Act, except that, in the case of individuals who are entitled to such benefits for the month in which this Act is enacted, such amendments shall apply only with respect to such benefits for months beginning on or after January 1, 1997. (B) The amendments made by paragraphs (2) and (3) shall apply with respect to benefits for which applications are filed on or after the date of the enactment of this Act. (C) If an individual who is entitled to monthly insurance benefits under title II of the Social Security Act based on disability for the month in which this Act is enacted and whose entitlement to such benefits would terminate by reason of the amendments made by this subsection reapplies for benefits under title II of such Act (as amended by this Act) based on disability within 120 days after the date of the enactment of this Act, the Commissioner of Social Security shall, not later than January 1, 1997, complete the entitlement redetermination with respect to such individual pursuant to the procedures of such title. (b) Amendments Relating to SSI Benefits.-- (1) In general.--Section 1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended by adding at the end the following: ``(I) Notwithstanding subparagraph (A), an individual shall not be considered to be disabled for purposes of this title if alcoholism or drug addiction would (but for this subparagraph) be a contributing factor material to the Commissioner's determination that the individual is disabled.''. (2) Representative payee requirements.-- (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as follows: ``(II) In the case of an individual eligible for benefits under this title by reason of disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security determines that such payment would serve the interest of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) that prevents the individual from managing such benefits.''. (B) Section 1631(a)(2)(B)(vii) of such Act (42 U.S.C. 1383(a)(2)(B)(vii)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking all that follows ``15 years, or'' and inserting ``described in subparagraph (A)(ii)(II).''. (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking ``eligible for benefits'' and all that follows through ``is disabled'' and inserting ``described in subparagraph (A)(ii)(II)''. (3) Treatment services for individuals with a substance abuse condition.--Title XVI of such Act (42 U.S.C. 1381 et seq.) is amended by adding at the end the following new section: ``treatment services for individuals with a substance abuse condition ``Sec. 1636. In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 1631(a)(2)(A)(ii)(II), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.).''. (4) Conforming amendments.-- (A) Section 1611(e) of such Act (42 U.S.C. 1382(e)) is amended by striking paragraph (3). (B) Section 1634 of such Act (42 U.S.C. 1383c) is amended by striking subsection (e). (5) Effective dates.-- (A) The amendments made by paragraphs (1) and (4) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act based on disability for months beginning after the date of the enactment of this Act, except that, in the case of individuals who are eligible for such benefits for the month in which this Act is enacted, such amendments shall apply only with respect to such benefits for months beginning on or after January 1, 1997. (B) The amendments made by paragraphs (2) and (3) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act for which applications are filed on or after the date of the enactment of this Act. (C) If an individual who is eligible for supplemental security income benefits under title XVI of the Social Security Act for the month in which this Act is enacted and whose eligibility for such benefits would terminate by reason of the amendments made by this subsection reapplies for supplemental security income benefits under title XVI of such Act (as amended by this Act) within 120 days after the date of the enactment of this Act, the Commissioner of Social Security shall, not later than January 1, 1997, complete the eligibility redetermination with respect to such individual pursuant to the procedures of such title. (D) For purposes of this paragraph, the phrase ``supplemental security income benefits under title XVI of the Social Security Act'' includes supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of Public Law 93-66. (c) Conforming Amendment.--Section 201(c) of the Social Security Independence and Program Improvements Act of 1994 (42 U.S.C. 425 note) is repealed. (d) Supplemental Funding for Alcohol and Substance Abuse Treatment Programs.-- (1) In general.--Out of any money in the Treasury not otherwise appropriated, there are hereby appropriated to supplement State and Tribal programs funded under section 1933 of the Public Health Service Act (42 U.S.C. 300x-33), $100,000,000 for each of the fiscal years 1997 and 1998. (2) Additional funds.--Amounts appropriated under paragraph (1) shall be in addition to any funds otherwise appropriated for allotments under section 1933 of the Public Health Service Act (42 U.S.C. 300x-33) and shall be allocated pursuant to such section 1933. (3) Use of funds.--A State or Tribal government receiving an allotment under this subsection shall consider as priorities, for purposes of expending funds allotted under this subsection, activities relating to the treatment of the abuse of alcohol and other drugs. HR 2930 IH----2

Summary: Notch Fairness Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Requires actual dependency of a stepchild in order to receive a child's insurance benefit under OASDI. Repeals the benefit eligibility of a stepchild living with the stepparent but not dependent on the stepparent for at least half of his or her support. Terminates a child's insurance benefit based upon the work income of a stepparent six months after the month in which the Commissioner of Social Security receives formal notification of the divorce of such stepparent from the natural parent of the child. Prohibits payment of OASDI disability benefits if alcoholism or drug addiction would be a contributing factor material to the Commissioner's determination that such individual is disabled. Requires the payment of disability benefits to a representative payee if the Commissioner determines that a disabled individual also has an alcoholism or drug addition condition that prevents the individual from managing such benefits. Directs the Commissioner to refer an individual with such a condition to the appropriate State agency administering the plan for substance abuse treatment services under the Public Health Service Act. Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to make the same requirements with respect to SSI beneficiaries. Appropriates funds for FY 1997 and 1998 for supplemental funding of State and tribal alcohol and substance abuse treatment programs under the Public Health Service Act. Requires State or tribal governments receiving such funds to consider as a priority in their expenditure those activities relating to the treatment of the abuse of alcohol and other drugs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Certification Program Act of 2014''. SEC. 2. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS. Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following: ``(6) Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products.-- ``(A) Definition of basic model group.--In this paragraph, the term `basic model group' means a set of models-- ``(i) that share characteristics that allow the performance of 1 model to be generally representative of the performance of other models within the group; and ``(ii) in which the group of products does not necessarily have to share discrete performance. ``(B) Reliance on voluntary certification programs.--For the purpose of testing to verify the performance rating of, or receiving test reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342, the covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator shall rely on voluntary certification programs that-- ``(i) are nationally recognized; ``(ii) maintain a publicly available list of all certified products and equipment; ``(iii) as determined by the Secretary, annually test not less than 10 percent and not more than 30 percent of the basic model group of a program participant; ``(iv) require the changing of the performance rating or removal of the product or equipment from the program, if verification testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; ``(v) require the qualification of new participants in the program through testing and production of test reports; ``(vi) allow for challenge testing of products and equipment within the scope of the program; ``(vii) require program participants to certify the performance rating of all covered products and equipment within the scope of the program; ``(viii) are conducted by a certification body that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17065; ``(ix) provide to the Secretary-- ``(I) an annual report of all test results; ``(II) prompt notification when program testing results in-- ``(aa) the rerating of the performance rating of a product or equipment; or ``(bb) the delisting of a product or equipment; and ``(III) test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) of title 5, United States Code (commonly known as the `Freedom of Information Act'); ``(x) use verification testing that-- ``(I) is conducted by an independent test laboratory that is accredited under International Organization for Standardization/ International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products or equipment; ``(II) follows the test procedures established under this title; and ``(III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and ``(xi) satisfy such other requirements as the Secretary has determined-- ``(I) are essential to ensure standards compliance; or ``(II) have consensus support achieved through a negotiated rulemaking process. ``(C) Administration.-- ``(i) In general.--The Secretary shall not require-- ``(I) manufacturers to participate in a voluntary certification program described in subparagraph (B); or ``(II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (B). ``(ii) List of covered products.--The Secretary or the Administrator may maintain a publicly available list of covered products and equipment certified under a program described in subparagraph (B) that distinguishes between-- ``(I) covered products and equipment verified by the program; and ``(II) products not verified by the program. ``(iii) Reduction of requirements.--Any rules promulgated by the Secretary that require testing of products or equipment for certification of performance ratings shall on average reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (B) for the products or equipment relative to other manufacturers. ``(iv) Periodic testing by program nonparticipants.--In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (B)-- ``(I) to verify the accuracy of the performance rating of the product or equipment through periodic testing using the testing methods described in clause (iii) or (x) of subparagraph (B); and ``(II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each basic model group of the manufacturer. ``(v) Restrictions on test laboratories.-- ``(I) In general.--Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (B) shall not be a test laboratory that conducts the testing on products or equipment within the scope of the program. ``(II) Limitation.--Subclause (I) shall not apply to Energy Star specifications established under section 324A. ``(vi) Effect on other authority.--Nothing in this paragraph limits the authority of the Secretary or the Administrator to test products or equipment or to enforce compliance with any law (including regulations).''.

Summary: Voluntary Certification Program Act of 2014 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to rely on voluntary programs for certifying manufacturer compliance with energy conservation performance standards for air conditioning, furnace, boiler, heat pump, and water heater products. Sets forth required characteristics of such certification programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Housing Preservation and Revitalization Act of 2009''. SEC. 2. AFFORDABLE HOUSING PRESERVATION AND REVITALIZATION PROGRAM. Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following: ``(ff) Affordable Housing Preservation and Revitalization Program.-- ``(1) In general.--The Secretary of Housing and Urban Development shall ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to a preservation entity. ``(2) Purpose.--The purpose of this subsection is to facilitate the transfer of multifamily housing projects with expiring housing assistance payments contracts to preservation entities that are committed to maintaining the affordability and preservation of such projects by allowing expanded access to existing residual receipts to assist with the acquisition and rehabilitation of the project. ``(3) Use of funds.--A preservation entity that acquires an eligible multifamily housing property through a qualified sale shall, subject to the approval of the housing agency, use the funds in the residual receipts account transferred to it, or for its benefit-- ``(A) to pay for rehabilitation costs approved by the housing agency; ``(B) to deposit funds into the replacement reserve account of the property; ``(C) to pay for social and other services that directly benefit the tenants of such property, but in any 1 year such payments may not exceed 10 percent of the balance of the residual receipts account of the property at the end of the prior fiscal year; ``(D) to pay for costs associated with the acquisition of the property, but such payments may not exceed 50 percent of the amount in the residual receipts account of the property at the time of acquisition; and ``(E) to pay for any other costs that have been approved by the housing agency and will directly benefit the tenants of the property. ``(4) Definitions.--In this subsection, the following definitions shall apply: ``(A) Affordability and use restrictions.--The term `affordability and use restrictions' means the affordability and use restrictions in connection with project-based housing assistance payments made under this section. ``(B) Extended use period.--The term `extended use period' means the later of-- ``(i) 30 years after the close of the sale of an eligible multifamily housing property to a preservation entity, or ``(ii) upon the expiration of the remaining useful life of the eligible multifamily property taking into account any rehabilitation undertaken in connection with the acquisition of said property by the preservation entity, as such remaining useful life is determined by the housing agency, provided that, such extended use period shall terminate in the event that the Secretary of Housing and Urban Development is unable to provide Section 8 assistance on terms at least as advantageous to the preservation entity as exist at the time of the acquisition of such eligible multifamily housing property. ``(C) Eligible multifamily housing property.--The term `eligible multifamily housing property' means a project that-- ``(i) is receiving project-based housing assistance payments under this section; and ``(ii) was financed pursuant to part 883 of title 24, Code of Federal Regulations, on or after February 29, 1980. ``(D) Housing agency.--The term `housing agency' means, with respect to any eligible multifamily housing property, the housing agency which administers housing assistance with respect to such property. ``(E) Preservation entity.--The term `preservation entity' means an entity-- ``(i) that is-- ``(I) a nonprofit corporation under State law that is exempt from Federal income taxation pursuant to paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986; or ``(II) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit corporation under State law which is exempt from Federal income taxation pursuant to paragraphs (3) or (4) of section 501(c) of the Internal Revenue Code of 1986; and ``(ii) approved by the housing agency that has the capacity to acquire and preserve an eligible multifamily housing property. ``(F) Qualified sale.-- ``(i) In general.--The term `qualified sale' means the sale of an eligible multifamily housing property to a preservation entity which agrees to maintain affordability and use restrictions regarding the property that are-- ``(I) for a term of not less than the extended use period; and ``(II) legally enforceable. ``(ii) Future applicability of restrictions.--The restrictions under subparagraph (A) shall be-- ``(I) binding on all successors and assigns of the preservation entity; and ``(II) recorded as a restrictive covenant on the property pursuant to State law. ``(G) Residual receipts.--The term `residual receipts' means-- ``(i) funds generated by a property in excess of the amount needed for operating expenses, operating reserve requirements, and allowable distributions to project owners; and ``(ii) includes any other funds that the Secretary, in his or her discretion, designates as residual receipts. ``(5) Residual receipts not treated as federal funds.--For the purposes of section 42 of the Internal Revenue Code of 1986, residual receipts used or transferred under this section shall not be considered Federal funds.''.

Summary: Affordable Housing Preservation and Revitalization Act of 2009 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to ensure that funds in the residual receipts account of an eligible multifamily housing property are transferred, at the time of a qualified sale or exchange, to preservation entities. Requires that funds in the residual receipts account be used, subject to housing agency approval, to: (1) pay for rehabilitation costs approved by the housing agency; (2) deposit funds into the property's replacement reserve account; and (3) pay for social and other services, associated acquisition costs, and any other costs that have been approved by the housing agency and will directly benefit such tenants. Defines "preservation entity" as: (1) a nonprofit tax-exempt corporation; or (2) a limited partnership or limited liability company where the sole general partner or sole managing member of such ownership entity is a nonprofit tax-exempt corporation; and (3) that has the capacity to acquire and preserve an eligible multifamily housing property. States that, for purposes of the low-income housing credit under the Internal Revenue Code, residual receipts used or transferred under this Act shall not be considered federal funds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access for Small Businesses Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) For most of the past 16 years, the number of Americans without health insurance has been on the rise, reaching more than 41,000,000 in 2002. (2) People without health insurance are less likely to get preventive care and often delay or forgo needed care. They are therefore more likely than those with health insurance to be hospitalized for conditions that could have been avoided. (3) Not only are the health and financial circumstances of uninsured Americans adversely affected by the lack of health insurance, their care is ultimately being paid for in the least efficient manner: after they get sick. (4) People who were uninsured during any part of 2001 received $99,000,000,000 in care, of which $34,500,000,000 was not paid for either out of pocket or by a private or public insurance source. Federal, State, and local governments covered 85 percent of such uncompensated care, amounting to $30,000,000,000. (5) Private health insurance enrollees also help pay for uncompensated care through higher premiums. (6) Covering more Americans will not only contribute to better overall health, it will lower the amount of health care costs assumed by taxpayers, businesses, and consumers. (7) Helping small businesses gain access to affordable health care benefits is essential to insuring more Americans. (8) Eighty-two percent of uninsured people are part of working families. (9) More than \1/2\ of small businesses with less than 50 employees do not offer their employees health insurance. (10) Innovative community-based solutions have developed and should serve as a model for insuring more Americans. SEC. 3. THREE-SHARE PROGRAMS. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--PROVIDING FOR THE UNINSURED ``SEC. 2201. THREE-SHARE PROGRAMS. ``(a) Certification.-- ``(1) In general.--The Secretary, acting through the Administrator, shall promulgate regulations for the certification of three-share programs for purposes of section 36 of the Internal Revenue Code. ``(2) Three-share program requirements.-- ``(A) In general.--The Administrator shall require, for purposes of a certification under regulations under paragraph (1) that each three-share program shall-- ``(i) be either a non-profit or local governmental entity; ``(ii) define a region in which such program will provide services; ``(iii) have the capacity to carry out administrative functions of managing health plans, including monthly billings, verification/enrollment of eligible employers and employees, maintenance of membership rosters, development of member materials (such as handbooks and identification cards), customer service, and claims processing; and ``(iv) have community involvement, as determined by the Administrator. ``(B) Payment.--To obtain the certification described in paragraph (1), a three-share program shall pay the costs of services provided under subparagraph (A)(ii) by charging a monthly premium for each covered individual to be divided as follows: ``(i) Not more than thirty percent of such fee shall be paid by a qualified employee desiring coverage under the three-share program. ``(ii) At least seventy percent of such fee shall be paid by the qualified employer of such a qualified employee. ``(3) Coverage.-- ``(A) In general.--To obtain the certification described in paragraph (1) a 3-share program shall provide at least the following benefits: ``(i) Physicians services. ``(ii) In-patient hospital services. ``(iii) Out-patient services. ``(iv) Emergency room visits. ``(v) Emergency ambulance services. ``(vi) Diagnostic lab fees and x-rays. ``(vii) Prescription drug benefits. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to require that a three-share program provide coverage for services performed outside the region described in paragraph (2)(A)(i). ``(C) Preexisting conditions.--A program described in subparagraph (A) shall not be eligible for certification under paragraph (1) if any individual can be excluded from coverage under such program because of a preexisting health condition. ``(b) Startup Grants for Three-Share Programs.-- ``(1) Establishment.--The Administrator may award startup grants to eligible entities to establish three-share programs for certification under subsection (a). ``(2) Three-share program plan.--Each entity desiring a grant under this subsection shall develop a plan for the establishment and operation of a three-share program that meets the requirements of paragraphs (2) and (3) of subsection (a). ``(3) Application.--Each entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner and containing such information as the Administrator may require, including-- ``(A) the three-share program plan described in paragraph (2); and ``(B) an assurance that the eligible entity will-- ``(i) determine a benefit package; ``(ii) recruit businesses and employees for the three-share program; ``(iii) build and manage a network of health providers or contract with an existing network or licensed insurance provider; and ``(iv) manage all administrative needs. ``(4) Number of grants.--An eligible entity may receive only 1 grant under this subsection for each three-share program and may not receive a grant for such program under both this subsection and subsection (c). ``(c) Grants for Existing Three-Share Programs To Meet Certification Requirements.-- ``(1) In general.--The Administrator may award grants to three-share programs that are operating on the date of enactment of this section, to assist such programs in meeting the certification requirements of subsection (a). ``(2) Number of grants.--An eligible entity may receive only 1 grant under this subsection for a three-share program and may not receive a grant for such program under both this subsection and subsection (b). ``(3) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(d) Risk Pool Grants.-- ``(1) In general.--The Administrator may award grants to eligible entities administering certified three-share programs to enhance the risk pools of such programs. ``(2) Number of grants.--An eligible entity administering a three-share program described in paragraph (1) may receive only 1 grant under this subsection for such three-share program. ``(3) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(e) Application of State Laws.--Nothing in this Act shall be construed to preempt State law. ``(f) Distressed Business Formula.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Administrator of the Health Resources and Services Administration shall develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. ``(2) Effect on insurance market.--Granting eligibility to a distressed business using the formula under paragraph (1) shall not interfere with the insurance market. Any business found to have reduced benefits to qualify as a distressed business under the formula under paragraph (1) shall not be eligible for any three-share program certified pursuant to this section. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Covered individual.--The term `covered individual' means-- ``(A) a qualified employee; or ``(B) a child under the age of 23 or a spouse of such qualified employee who-- ``(i) lacks access to health care coverage through their employment or employer; ``(ii) lacks access to health coverage through a family member; ``(iii) is not eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(iv) does not qualify for benefits under the State Children's Health Insurance Program under title XXI. ``(3) Distressed business.--The term `distressed business' means a business that-- ``(A) in light of economic hardship and rising health care premiums may be forced to discontinue or scale back its health care coverage; and ``(B) qualifies as a distressed business according to the formula under subsection (f). ``(4) Eligible entity.--The term `eligible entity' means an entity that meets the requirements of subsection (a)(2)(A). ``(5) Full time.--The term `full time', for purposes of employment, means regularly working at least 35 hours per week. ``(6) Qualified employee.--The term `qualified employee' means any individual employed by a qualified employer who meets certain criteria including-- ``(A) working full time; ``(B) lacking access to health coverage through a family member or common law partner; ``(C) not being eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(D) agreeing that the share of fees described in subsection (a)(2)(B)(i) shall be paid in the form of payroll deductions from the wages of such individual. ``(7) Qualified employer.--The term `qualified employer' means an employer as defined in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) who-- ``(A) is a small business concern as defined in section 3(a) of the Small Business Act (15 U.S.C. 632); ``(B) is located in the region described in subsection (a)(2)(A)(i); and ``(C) has not contributed to the health care benefits of its employees for at least 12 months consecutively or currently provides insurance but is classified as a distressed business. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2004 and such sums as may be necessary for each subsequent fiscal year.''. SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE PROGRAM. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means any employer which pays or incurs at least 70 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year. ``(c) Three-Share Program.--For purposes of this section, the term `three-share program' means an employee health care coverage program approved for participation by an eligible employer pursuant to title XXII of the Social Security Act. ``(d) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to costs of a three-share program taken into account under subsection (a). ``(e) Advanced Refundability.--The Secretary shall provide for the advanced refundability of the credit allowed under this section to be made in quarterly payments to taxpayers providing such information as the Secretary requires in order to make a proper determination of such payments. ``(f) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Employer costs of three-share program. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Health Care Access for Small Business Act of 2003 - Amends the Social Security Act to add a new title XXII (Providing for the Uninsured) to direct the Secretary of Health and Human Services to promulgate regulations for the certification of three-share programs for purposes of offering a refundable tax credit to small businesses who participate in such programs where: (1) not more than 30 percent of the cost of the monthly premium for health coverage (including prescription drug benefits) is paid by the qualified employee who lacks access to health coverage and desires coverage; and (2) at least 70 percent of such cost is paid by the qualified employer of such a qualified employee.Authorizes the Administrator to award startup grants to eligible entities to establish three-share programs for certification.Amends the Internal Revenue Code to provide for a refundable tax credit in the case of an eligible employer in an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year.


SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Government Improvement and Efficiency Act of 1996''. SEC. 2. REDUCTION IN MINIMUM NUMBER OF MEMBERS OF BOARD OF TRUSTEES OF AMERICAN UNIVERSITY. (a) In General.--The first section of the Act entitled ``An Act to incorporate the American University'', approved February 24, 1893 (27 Stat. 476), is amended by striking ``forty'' and inserting ``twenty- five''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF APPLICATION OF SERVICE CONTRACT ACT OF 1965 TO DISTRICT OF COLUMBIA. (a) In General.--The Service Contract Act of 1965 (41 U.S.C. 351 et seq.) is amended-- (1) in section 2(a) in the matter preceding paragraph (1), by striking ``or the District of Columbia''; and (2) in section 7(1), by striking ``or District of Columbia''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts of the District of Columbia entered into on or after the date of the enactment of this Act. SEC. 4. AUTHORIZING AGREEMENTS BETWEEN DISTRICT OF COLUMBIA AND BUREAU OF PRISONS TO ESTABLISH AMOUNT OF PAYMENTS FOR HOUSING DISTRICT PRISONERS. The undesignated paragraph in the item relating to ``united states courts'' under the heading ``JUDICIAL'' in the Act of March 3, 1915 (38 Stat. 869, ch. 75; sec. 24-424, D.C. Code) (relating to the cost of the care and custody of District of Columbia convicts in any Federal penitentiary) is amended by adding at the end the following new sentence: ``Notwithstanding the previous sentence or any provision of title 18, United States Code, to the contrary, with respect to District of Columbia convicts in any Federal penitentiary during the 5-year period beginning October 1, 1996, the Mayor of the District of Columbia and the Director of the Bureau of Prisons may enter into an agreement waiving the requirements of the previous sentence or establishing an alternative amount to be charged against the District of Columbia for such convicts, so long as the Director provides notice of the intent to enter into the agreement to the Committees on Appropriations, the Judiciary, and Government Reform and Oversight of the House of Representatives and the Committees on Appropriations, the Judiciary, and Governmental Affairs of the Senate not later than 15 days before entering into the agreement.''. SEC. 5. EXEMPTION OF CERTAIN CONTRACTS FROM COUNCIL REVIEW. (a) In General.--Section 451 of the District of Columbia Self- Government and Governmental Reorganization Act (sec. 1-1130, D.C. Code), as amended by section 304(a)(3) of the District of Columbia Appropriations Act, 1996, is amended by adding at the end the following new subsection: ``(d) Exemption for Certain Contracts.--The requirements of this section shall not apply with respect to any of the following contracts: ``(1) Any contract entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction. ``(2) Any contract entered into by the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. ``(3) At the option of the Council, any contract for a highway improvement project carried out under title 23, United States Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into on or after the date of the enactment of this Act. SEC. 6. WAIVER OF RESIDENCY REQUIREMENT FOR CERTAIN EMPLOYEES OF INSPECTOR GENERAL. Section 906 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1-610.6, D.C. Code) is amended-- (1) in subsection (a), by inserting ``or subsection (d)'' after ``subsection (c)''; and (2) by adding at the end the following new subsection: ``(d) At the request of the Inspector General (as described in section 208(a) of the District of Columbia Procurement Practices Act of 1985), the Director of Personnel may waive the application of subsections (a) and (b) to employees of the Office of the Inspector General.''. SEC. 7. COMPENSATION OF MEMBERS OF JUDICIAL NOMINATION COMMISSION. (a) In General.--Effective as if included in the enactment of the District of Columbia Appropriations Act, 1996, section 434(b)(5) of the District of Columbia Self-Government and Governmental Reorganization Act is amended to read as follows: ``(5) Members of the Commission shall serve without compensation for services rendered in connection with their official duties on the Commission.''. (b) Conforming Amendment.--Section 133(b) of the District of Columbia Appropriations Act, 1996 is hereby repealed, and the provision of law amended by such section is hereby restored as if such section had not been enacted into law. SEC. 8. SHORT TITLE OF HOME RULE ACT. (a) In General.--Section 101 of the District of Columbia Self- Government and Governmental Reorganization Act is amended by striking ``District of Columbia Self-Government and Governmental Reorganization Act'' and inserting ``District of Columbia Home Rule Act''. (b) References in Law.--Any reference in law or regulation to the District of Columbia Self-Government and Governmental Reorganization Act shall be deemed to be a reference to the District of Columbia Home Rule Act.

Summary: District of Columbia Government Improvement and Efficiency Act of 1996 - Reduces the minimum number of members of the Board of Trustees of the American University from 40 to 25. (Sec. 3) Repeals the application of the Service Contract Act of 1965 with respect to the District of Columbia. (Sec. 4) Authorizes the Mayor of the District and the Director of the Bureau of Prisons, with respect to District of Columbia convicts in any Federal penitentiary during the five-year period beginning in FY 1997, to enter into an agreement waiving requirements relating to the cost of the care and custody of D.C. convicts in Federal penitentiaries or establishing an alternative amount to be charged against the District for such convicts so long as the Director provides at least 15 days' notice of the intent to enter into the agreement to specified congressional committees. (Sec. 5) Amends the District of Columbia Self-Government and Governmental Reorganization Act to exempt from review by the D.C. Council contracts: (1) entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction; (2) entered into by the District of Columbia Water and Sewer Authority, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant; and (3) for Federal highway improvement projects at the option of the Council. (Sec. 6) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to allow, at the request of the Inspector General, the Director of Personnel to waive the residency requirement for employees of the Office of the Inspector General. (Sec. 7) Requires members of the Judicial Nomination Commission to serve without compensation for services rendered in connection with their official duties on the Commission. (Sec. 8) Renames the District of Columbia Self-Government and Governmental Reorganization Act as the District of Columbia Home Rule Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Liberian Refugee Immigration Fairness Act of 2009''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2011; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) 2 or more crimes involving moral turpitude. (2) Relationship of application to certain orders.-- (A) In general.--An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under such paragraph. (B) Separate motion not required.--An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary.--If the Secretary of Homeland Security grants an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided under subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2009, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Secretary of Homeland Security shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act, the Secretary of Homeland Security shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization.-- (A) In general.--The Secretary of Homeland Security may-- (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application; and (ii) provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment. (B) Pending applications.--If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of Permanent Residence.--Upon the approval of an alien's application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and (2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). (f) Limitation on Judicial Review.--A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act Provisions.-- (1) Definitions.--Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision.--Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status.-- Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Summary: Liberian Refugee Immigration Fairness Act of 2009 - Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States from January 1, 2009, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien. Requires adjustment applications to be filed before April 1, 2011.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Through Choice Act of 2007''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act is amended by inserting after section 1860D-11 (42 U.S.C. 1395w-111) the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2008), in addition to any plans offered under section 1860D-11, the Secretary shall offer a Medicare operated prescription drug plan (as defined in subsection (b)) with a service area that consists of the entire United States. ``(b) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `Medicare operated prescription drug plan' means a prescription drug plan that offers qualified prescription drug coverage and access described in section 1860D-2(d) to the prices negotiated under subsection (c)(1). Such plan may offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans. ``(c) Enhanced Affordability Through Negotiations.-- ``(1) In general.--Notwithstanding section 1860D-11(i), for purposes of offering the Medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of such covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. ``(2) Implementation of other cost savings strategies.--To the extent practicable and consistent with paragraph (1), the Secretary shall implement strategies similar to those used by the Department of Veterans Affairs or other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(3) Conditioning use of formularies.--Insofar as the Medicare operated prescription drug plan uses a formulary, such plan shall inform, consistent with section 1860D-4(a)(3)(B), enrollees of changes in such formulary, including changes in covered drugs and the prices of such drugs. ``(4) Savings used to fill gaps in prescription drug coverage.--Any savings to the Medicare operated prescription drug plan resulting from actions take under this subsection shall be used by the plan to extend coverage under the plan to individuals who have reached the initial coverage limit applicable under the plan but who have not reached the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B). ``(d) Monthly Premiums.-- ``(1) For qualified prescription drug coverage.-- ``(A) Nationally uniform monthly beneficiary premium.--The monthly beneficiary premium for qualified prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A) to be charged under the Medicare operated prescription drug plan shall be uniform nationally. ``(B) Bid based on costs.--The bid submitted under section 1860D-11(b)(2)(C) for the Medicare operated prescription drug plan shall be based on the average monthly per capita actuarial cost of offering such plan for the year involved, including administrative expenses. ``(2) Supplemental prescription drug coverage.--Insofar as the Medicare operated prescription drug plan offers supplemental prescription drug coverage, the Secretary shall adjust the amount of the bid submitted under section 1860D- 11(b)(2)(C) (and the premium charged under paragraph (1)) to reflect the additional benefits offered under such coverage. ``(e) Open Enrollment.--A part D eligible individual may enroll in the Medicare operated prescription drug plan at any time.''. (b) No Late Enrollment Penalty for Individuals Enrolled in Medicare Operated Prescription Drug Plan.--Section 1860D-13(b)(2) of such Act (42 U.S.C. 1395w-113(b)(2)) is amended by adding at the end the following new sentence: ``A part D eligible individual described in this paragraph does not include an individual enrolled in the Medicare operated prescription drug plan during the period in which the individual is so enrolled.''. (c) Conforming Amendments.-- (1) Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is amended by inserting ``and section 1860D-11A(e)'' after ``paragraphs (2) and (3) of this subsection''. (2) Section 1860D-2(b)(3)(A) of such Act (42 U.S.C. 1395w- 102(b)(3)(A)) is amended by inserting ``and section 1860D- 11A(c)(4)'' after ``paragraph (4)''. (3) Section 1860D-3(a) of such Act (42 U.S.C. 1395w-103(a)) is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--The Medicare operated prescription drug plan shall be offered nationally in accordance with section 1860D-11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), the Medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan for purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the Medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (4) Section 1860D-13(c)(3) of such Act (42 U.S.C. 1395w- 113(c)(3)) is amended-- (A) in the heading, by inserting ``and the Medicare operated prescription drug plan'' after ``Fallback plans''; and (B) by inserting ``or the Medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (5) Section 1860D-16(b)(1) of such Act (42 U.S.C.1395w- 116(b)(1)) is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; and (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and ``(E) payments for expenses incurred with respect to the operation of the Medicare operated prescription drug plan under section 1860D-11A.''. (6) Section 1860D-41(a) of such Act (42 U.S.C. 1395w- 151(a)) is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `Medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(b).''.

Summary: Medicare Drug Savings Through Choice Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer a Medicare operated prescription drug plan with a service area that consists of the entire United States; (2) negotiate with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs; and (3) encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Requires adjustment of such premium amount in case of supplemental prescription drug coverage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Express Lane to Health Coverage Act of 2003''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Despite gains made in recent years, 8,900,000 children in the United States are uninsured. Of those, 6,900,000 are eligible for public health insurance coverage. (2) Most low-income uninsured children are enrolled in nutrition and related programs that operate under income guidelines similar to those of the medicaid program. In fact, 63 percent, or 4,300,000, low-income uninsured children are in families that receive benefits through the food stamps program, the National school lunch program, or the special supplemental nutrition program for women, infants and children (commonly referred to as ``WIC''). (3) The public would be well served if Federal means-tested public programs were able to improve administrative efficiency and coordination as well as reduce unnecessary bureaucracy. (4) Uninsured children would be well served if their enrollment in a nutrition-based or other means-tested program could serve as a gateway to health coverage. (5) Existing law already allows children to be found income eligible for WIC based on their enrollment in the medicaid program. Current law does not, however, give States adequate flexibility to make an income determination for eligibility for the medicaid or State children's health insurance program based on an uninsured child's enrollment in WIC or another public program. (b) Purpose.--The purpose of this Act is to give States the flexibility to find children income eligible for the medicaid program or State children's health insurance program based on the fact that the children are eligible for nutrition assistance or similar public programs with comparable income standards and methodologies. SEC. 3. STATE OPTION TO PROVIDE FOR SIMPLIFIED DETERMINATIONS OF A CHILD'S FINANCIAL ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD HEALTH ASSISTANCE UNDER SCHIP. (a) Medicaid.--Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(13)(A) At the option of the State, the plan may provide that financial eligibility requirements for medical assistance are met for an individual who is under an age specified by the State (not to exceed 21 years of age) by using a determination (made within a reasonable period, as found by the State, before its use for this purpose) of the individual's family or household income or resources, notwithstanding any differences in budget unit, disregard, deeming, or other methodology, by a Federal or State agency (or a public or private entity making such determination on behalf of such agency) specified by the plan, including but not limited to the agencies administering the Food Stamp Act of 1977, the Richard B. Russell National School Lunch Act, and the Child Nutrition Act of 1966, provided that such agency has fiscal liabilities or responsibilities affected or potentially affected by such determinations and provided that all information furnished by such agency pursuant to this subparagraph is used solely for purposes of determining eligibility for medical assistance under the State plan approved under this title or for child health assistance under a State plan approved under title XXI. ``(B) Nothing in subparagraph (A) shall be construed-- ``(i) to authorize the denial of medical assistance under a State plan approved under this title or of child health assistance under a State plan approved under title XXI to an individual who, without the application of this paragraph or an option exercised thereunder, would qualify for such assistance; ``(ii) to relieve a State of the obligation under subsection (a)(8) to furnish assistance with reasonable promptness after the submission of an initial application that is evaluated or for which evaluation is requested pursuant to this paragraph; or ``(iii) to relieve a State of the obligation to determine eligibility on other grounds for an individual found to be ineligible under this paragraph. ``(C) At the option of a State, the financial eligibility process described in subparagraph (A) may apply to an individual who is older than age 21 if such individual's eligibility for medical assistance is based on pregnancy or if such individual is a parent, guardian, or other caretaker relative of an individual found eligible under subparagraph (A).''. (b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following: ``(E) Section 1902(e)(13) (relating to the State option to base a child's eligibility for assistance on financial determinations made by a program providing nutrition or other public assistance).''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2003.

Summary: Children's Express Lane to Health Coverage Act of 2003 - Amends title XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to give States the option of providing that Medicaid or SCHIP financial eligibility requirements are met for children based on their eligibility for nutrition assistance or similar public programs with comparable income standards and methodologies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Rights and Labor Standards Trade Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) International trade, when fair and open, can serve as an important factor in the economic well-being of nations; but the maintenance of a fair and open world trading system requires the enhancement and active enforcement of national and international trade agreements and laws by all trading nations. (2) As the productivity of our trading partners that are developing countries has risen, the ability of many of these countries to export goods cheaply to the United States has been based, in part, upon the violation of internationally recognized worker rights. (3) The exploitation of workers is an unacceptable means for any country, whether developed or developing, or industry to gain competitive advantage in international trade. (4) Exports to the United States from countries which fail to respect internationally recognized worker rights undermine living and working standards in both those countries as well as the United States, because international corporations can play workers in one country off against those in another with respect to wages and work standards in order to minimize costs. (5) At various times in the 20th century, international agreements and United States policy have explicitly stated that fundamental worker rights and fair labor standards are necessary to the workings of a fair international trading system. (6) The United States and over 160 other member nations of the International Labor Organization are legally obligated to ``endeavor to secure and maintain fair and humane conditions of labor for men, women, and children, both in their own countries and in all countries to which their commercial and industrial nations extend''. (7) For decades, United States trade negotiators, whether serving in Democratic or Republican administrations, have initiated discussions to no avail with ranking officials of the GATT and the International Labor Organization concerning the demonstrable relationship of fundamental worker rights and fair labor standards to prior rounds of multilateral trade negotiations. (8) The right of all workers to certain fundamental rights is affirmed in the following international agreements to which the United States is a party: (A) The United Nations Charter, which states in Article 55 that ``the United Nations shall promote higher standards of living, full employment, and conditions of economic and social progress and development,''. (B) The United Nations Universal Declaration of Human Rights, which states in Article 23 that ``Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment . . . `and that' Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity.''. (C) The United Nations International Covenant on Civil and Political Rights, which states in Article 8 that ``No one shall be required to perform forced or compulsory labor.''. (D) The Revised Charter of the Organization of American States, which states in Article 31 that ``Member States agree to dedicate every effort to achieve the following basic goals . . . Fair wages, employment opportunities, and acceptable working conditions for all.''. (E) The General Agreement on Tariffs and Trade which-- (i) provides in the preamble that relations among countries ``in the field of trade and economic endeavor should be conducted with a view to raising standards of living and ensuring full employment,''; (ii) allows, under Article XX, any country to take action against products of prison labor; and (iii) incorporates by reference Article 7 of Chapter II of the Havana Charter which states that ``the members recognize that measures relating to employment must take fully into account the rights of workers under intergovernmental declarations, conventions, and agreements. The members recognize that all countries have a common interest in the achievement and maintenance of fair labor standards related to productivity, and thus in the improvement of wages and working conditions as productivity may permit. The members recognize that unfair labor conditions, particularly in production for export, create difficulties in international trade, and accordingly, each member shall take whatever action may be appropriate and feasible to eliminate such conditions within its territory.''. (9) The adherence of the United States to the principles referred to in paragraph (5) is reflected in-- (A) the provisions of the Tariff Act of 1930 that prohibit the importation of goods produced by forced labor, (B) the provisions of title V of the Trade Act of 1974 (relating to the Generalized System of Preferences) that-- (i) define internationally recognized worker rights as the right to association, the right to organize and bargain collectively, the prohibition of the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and (ii) prohibit the extension of trade preferences to any developing country that ``has not or is not taking steps to afford internationally recognized worker rights to its workers''; and (C) the provisions of section 231A of the Foreign Assistance Act of 1961, which allow the Overseas Private Investment Corporation to insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken ``is taking steps to adopt and implement laws that extend internationally recognized worker rights . . . to workers in that country.''. (10) Little, if any, progress has been made ``to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade'', pursuant to section 1101(b)(14) of the Omnibus Trade and Competitiveness Act of 1988. SEC. 3. ESTABLISHMENT OF WORKING PARTY ON WORKER RIGHTS. (a) Action by the President.--The President shall seek the establishment in the GATT of a working party to examine the relationship of fundamental internationally recognized worker rights to the articles, objectives, and related instruments of the GATT, particularly the preamble, Article XXIX, and Article XX. (b) Objectives of Working Group.--The objectives of the working group described in subsection (a) would be to-- (1) explore ways in which to link the conduct of international trade to respect for fundamental internationally recognized worker rights; (2) examine the economic impact of competition that is based upon trade distortions that are attributable to the systematic denial of fundamental internationally recognized worker rights; (3) consider and develop information on the incidence and effects of systematic, trade-distorting worker rights practices and ways to address such practices; and (4) establish that it is unjustifiable for any country or any of its industries to seek to gain competitive advantage in international trade through the systematic denial of fundamental internationally recognized worker rights. SEC. 4. ESTABLISHMENT OF STANDING COMMITTEE ON WORKER RIGHTS WITHIN THE WORLD TRADE ORGANIZATION. The President shall seek the establishment in the World Trade Organization, when such organization becomes effective, a standing committee to carry out the functions of the working group described in section 3. SEC. 5. DEFINITIONS. As used in this Act: (1) The term ``fundamental internationally recognized worker rights'' means ``internationally recognized worker rights'' as defined in section 502(a)(4) of the Trade Act of 1974. (2) GATT.--The term ``GATT'' means the General Agreement on Tariffs and Trade.

Summary: Worker Rights and Labor Standards Trade Act of 1994 - Directs the President to seek the establishment of: (1) a working party within the General Agreement on Tariffs and Trade (GATT) to examine the relationship of fundamental internationally-recognized worker rights to specified articles of the GATT; and (2) a standing committee within the World Trade Organization to perform the functions of the working group.


SECTION 1. SHORT TITLE. This Act may be cited as the ``State Prescription Drug Discount Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 70,000,000 Americans, including more than 18,000,000 Medicare beneficiaries, are uninsured or underinsured for prescription drug coverage. (2) High prescription drug prices are denying uninsured and underinsured Americans access to medically necessary care, thereby threatening their health and safety. Many of these Americans require repeated doctor or medical clinic appointments, becoming sicker because they cannot afford to take the drugs prescribed for them. Many are admitted to or treated at hospitals because they cannot afford the drugs prescribed for them that could have prevented the need for hospitalization. Many enter expensive institutional care settings because they cannot afford the prescription drugs that could have supported them outside of an institution. In each of these circumstances, uninsured and underinsured residents too often become medicaid recipients because of their inability to afford prescription drugs. (3) Pursuant to the Social Security Act, State medicaid programs receive discounts in the form of rebates for outpatient prescription drugs. On average, these rebates provide discounts of more than 40 percent off retail prices. (4) In 49 States, individual Americans do not have access to medicaid rebates. But in 1 State, since June 1, 2001, over 100,000 Americans have received discounts from those rebates through the ``Healthy Maine'' program. This program, established as a demonstration project pursuant to a waiver from the Secretary of Health and Human Services has proven to work. Americans need that program replicated in every State, immediately. (5) The Federal and State governments are the only agents that, as a practical matter, can play an effective role as a market participant on behalf of Americans who are uninsured or underinsured. SEC. 3. STATE PRESCRIPTION DISCOUNT PROGRAM. (a) In General.--Section 1927(a) of the Social Security Act (42 U.S.C. 1396r-8(a)) is amended by adding at the end the following: ``(7) Requirements relating to agreements for drugs procured by individuals through state prescription drug discount programs.-- ``(A) In general.--A manufacturer meets the requirements of this paragraph if the manufacturer enters into an agreement with the State to make rebate payments for drugs covered by a State prescription drug discount program in the same amounts as are paid by the manufacturer to the State for such drugs under a rebate agreement described in subsection (b). ``(B) State prescription drug discount program defined.-- ``(i) In general.--In this paragraph, the term `State prescription drug discount program' means a State program under which, with respect to a rebate period, not less than the amount equal to 95 percent of all the rebates paid to the State under agreements entered into under subparagraph (A) during such period is provided to eligible State residents in the form of discounted prices for the purchase of outpatient prescription drugs. ``(ii) Eligible state resident.--For purposes of clause (i), the term `eligible State resident' means an individual who is a State resident and-- ``(I) who is eligible for benefits under title XVIII; or ``(II) whose income does not exceed 300 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(iii) Additional subsidies.--Nothing in this subparagraph shall be construed as-- ``(I) requiring a State to expend State funds to carry out a State prescription drug discount program; or ``(II) prohibiting a State from electing to contribute State funds to a State prescription drug discount program to provide greater subsidies to eligible State residents for outpatient prescription drugs covered under the program. ``(C) No offset against medical assistance.-- Amounts received by a State under an agreement entered into under subparagraph (A) in any quarter shall not be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1).''. (b) Conforming Amendment.--The first sentence of section 1927(a)(1) of the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended, by striking ``and paragraph (6)'' and inserting ``, paragraph (6), and paragraph (7)''. SEC. 4. ENHANCED REBATES FOR STATE MEDICAID PROGRAMS. Section 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r- 8(b)(1)(B) is amended-- (1) by striking ``Amounts'' and inserting the following: ``(i) In general.--Except as provided in clause (ii) and subsection (a)(7)(C), amounts''; and (2) by adding at the end the following: ``(ii) Enhanced rebate.--In the case of a State that has a State prescription drug discount program described in subsection (a)(7) and that has entered into a rebate agreement described in paragraph (1) or (4) of subsection (a) that provides a greater rebate for a covered outpatient drug than the rebate that would be paid for the covered outpatient drug under subsection (c), then, notwithstanding clause (i), only the amount equal to \1/2\ of the difference between the amount received by the State in any quarter under such a rebate agreement and the amount of the rebate that would be paid under subsection (c) for such covered outpatient drug shall be considered to be a reduction in the amount expended under the State plan in the quarter for medical assistance for purposes of section 1903(a)(1).''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act take effect on January 1, 2004.

Summary: State Prescription Drug Discount Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the Medicaid program; and (2) provide for enhanced rebates for State prescription drug discount programs of States with rebate agreements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Minuteman Missile National Historic Site Establishment Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Minuteman II intercontinental ballistic missile (hereinafter referred to as ``ICBM'') launch control facility and launch facility known as ``Delta 1'' and ``Delta 9'', respectively, have national significance as the best preserved examples of the operational character of American history during the Cold War; (2) the facilities are symbolic of the dedication and preparedness exhibited by the missileers of the Air Force stationed throughout the upper Great Plains in remote and forbidding locations during the Cold War; (3) the facilities provide a unique opportunity to illustrate the history and significance of the Cold War, the arms race, and ICBM development; and (4) the National Park System does not contain a unit that specifically commemorates or interprets the Cold War. (b) Purposes.--The purposes of this Act are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations the structures associated with the Minuteman II missile defense system; (2) to interpret the historical role of the Minuteman II missile defense system in the broader context of the Cold War and the role of the system as a key component of America's strategic commitment to preserve world peace; and (3) to complement the interpretive programs relating to the Minuteman II missile defense system offered by the South Dakota Air and Space Museum at Ellsworth Air Force Base. SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE. (a) Establishment.--(1) The Minuteman Missile National Historic Site in the State of South Dakota (hereinafter referred to as the ``historic site'') is hereby established as a unit of the National Park System. The historic site shall consist of lands and interests therein comprising the following Minuteman II ICBM launch control facilities, as generally depicted on the map referred to as ``Minuteman Missile National Historic Site'', numbered 406/80,008 and dated September, 1998: (A) An area surrounding the Minuteman II ICBM launch control facility depicted as ``Delta 1 Launch Control Facility''. (B) An area surrounding the Minuteman II ICBM launch control facility depicted as ``Delta 9 Launch Facility''. (2) The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) The Secretary of the Interior (hereinafter referred to as the ``Secretary'') is authorized to make minor adjustments to the boundary of the historic site. (b) Administration of Historic Site.--The Secretary shall administer the historic site in accordance with this Act and laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21, 1935 (16 U.S.C. 461-467). (c) Coordination With Secretary of Defense.--The Secretary shall consult with the Secretary of Defense and the Secretary of State, as appropriate, to ensure that administration of the historic site is in compliance with applicable treaties. (d) Cooperative Agreements.--The Secretary may enter into cooperative agreements with appropriate public and private entities and individuals in furtherance of the purposes of this Act. (e) Land Acquisition.--(1) Except as provided in paragraph (2), the Secretary is authorized to acquire lands and interests therein within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency: Provided, That lands or interests therein owned by the State of South Dakota may only be acquired by donation or exchange. (2) The Secretary shall not acquire any lands pursuant to this Act if the Secretary determines that such lands, or any portion thereof, are contaminated with hazardous substances (as defined in the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601)), unless all remedial action necessary to protect human health and the environment has been taken pursuant to such Act. (f) General Management Plan.--(1) Within three years after the date funds are made available, the Secretary shall prepare a general management plan for the historic site. (2) The plan shall include an evaluation of an appropriate location for a visitor facility and administrative site within the areas depicted as ``Support Facility Study Area--Alternative A'' or ``Support Facility Study Area--Alternative B'' on the map referred to in subsection (a). Upon a determination by the Secretary of the appropriate location for such facilities, the boundaries of the historic site shall be modified to include the selected site. (3) In developing the plan, the Secretary shall consider coordinating or consolidating appropriate administrative, management, and personnel functions with Badlands National Park. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Air Force Funds.--The Secretary of the Air Force shall transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities described in section 3. Such funds shall be used by the Secretary for establishing, operating, and maintaining the historic site. (c) Legacy Resource Management Program.--Nothing in this Act affects the use of any funds available for the Legacy Resource Management Program being carried out by the Air Force that, before the date of enactment of this Act, were directed to be used for resource preservation and treaty compliance. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Summary: Minuteman Missile National Historic Site Establishment Act of 1998 - Establishes the Minuteman Missile National Historic Site in South Dakota as a unit of the National Park System consisting of lands and interests comprising the areas surrounding the Minuteman II ICBM launch control facilities known as Delta 1 and Delta 9. Authorizes the Secretary to acquire lands and interests within the boundaries of the historic site by donation, purchase with donated or appropriated funds, exchange or transfer from another Federal agency. Prohibits the Secretary from acquiring any lands contaminated with hazardous substances, unless all remedial action necessary to protect human health and the environment has been taken. Requires the Secretary to: (1) prepare a general management plan for the historic site, including an evaluation of a location for a visitor facility and administrative site; and (2) in developing the plan, to consider coordinating and consolidating administrative, management, and personnel function with Badlands National Park. Authorizes appropriations. Requires the Secretary of the Air Force to transfer to the Secretary any funds specifically appropriated to the Air Force for the maintenance, protection, or preservation of the facilities.