SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Biodiesel Energy Development Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ALTERNATIVE FUELS--GENERAL Sec. 101. Definitions. Sec. 102. Amendments to the Energy Policy and Conservation Act. Sec. 103. Minimum Federal fleet requirement. TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS Sec. 201. State and local incentives programs. Sec. 202. Alternative fuel bus program. Sec. 203. Alternative fuel use in nonroad vehicles, engines, and marine vessels. TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED VEHICLES Sec. 301. Mandate for alternative fuel providers. Sec. 302. Replacement fuel supply and demand program. Sec. 303. Modification of goals; additional rulemaking authority. Sec. 304. Fleet requirement program. Sec. 305. Credits. Sec. 306. Secretary's recommendation to Congress. TITLE I--ALTERNATIVE FUELS--GENERAL SEC. 101. DEFINITIONS. Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is amended-- (1) in paragraph (2), by striking ``derived from biological materials'' and inserting ``derived from domestically produced renewable biological materials (including biodiesel) at mixtures not less than 20 percent by volume''; (2) in paragraph (8), by striking subparagraph (B) and inserting the following: ``(B) a motor vehicle (other than an automobile) or marine vessel that is capable of operating on alternative fuel, gasoline, or diesel fuel, or an approved blend of alternative fuel and petroleum-based fuel.''; (3) by redesignating paragraphs (11) through (14) as paragraphs (12), (14), (15), and (16), respectively; (4) by inserting after paragraph (10) the following: ``(11) the term `heavy duty motor vehicle' means a motor vehicle or marine vessel that is greater than 8,500 pounds gross vehicle weight rating;''; (5) by inserting after paragraph (12) (as redesignated by paragraph (3)) the following: ``(13) the term `marine vessel' means a motorized watercraft or other artificial contrivance used as a means of transportation primarily on the navigable waters of the United States;''; (6) in paragraph (15) (as redesignated by paragraph (3)), by striking ``biological materials'' and inserting ``domestically produced renewable biological materials (including biodiesel)''. SEC. 102. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT. Section 400AA of the Energy Policy and Conservation Act (42 U.S.C. 6374) is amended-- (1) in the second sentence of subsection (a)(3)(B), by striking ``vehicles converted to use alternative fuels may be acquired if, after conversion,'' and inserting ``existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild, or vehicles that have been converted to use alternative fuels may be acquired, if''; and (2) in subsection (g)-- (A) in paragraph (2), by striking ``derived from biological materials'' and inserting ``derived from domestically produced renewable biological materials (including biodiesel) at mixtures not less than 20 percent by volume''; (B) in paragraph (5), by striking subparagraph (B) and inserting the following: ``(B) a motor vehicle (other than an automobile) or marine vessel that is capable of operating on alternative fuel, gasoline, or diesel fuel, or an approved blend of alternative fuel and petroleum-based fuel; and''; and (C) in paragraph (6), by inserting ``or marine vessel'' [Same questions as above.] after ``a vehicle''. SEC. 103. MINIMUM FEDERAL FLEET REQUIREMENT. Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended-- (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: ``(c) Heavy Duty and Dual-Fueled Vehicle Compliance Credits.-- ``(1) In general.--For purposes of meeting the requirements of this section, the Secretary, in consultation with the Administrator of General Services, if appropriate, shall permit a Federal fleet to acquire 1 heavy duty alternative fueled vehicle in place of 2 light duty alternative fueled vehicles. ``(2) Additional credits.--For purposes of this section, the Secretary, in consultation with the Administrator of General Services, if appropriate, shall permit a Federal fleet to take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. ``(3) Accounting.-- ``(A) In general.--In allowing a credit for the purchase of a dual-fueled vehicle or alternative fuel, the Secretary may request a Federal agency to provide an accounting of the purchase. ``(B) Guidelines.--The Secretary shall include any request made under subparagraph (A) in the guidelines required under section 308. ``(4) Fuel and vehicle neutrality.--The Secretary shall carry out this subsection in a manner that is, to the maximum extent practicable, neutral with respect to the type of fuel and vehicle used.''. TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS SEC. 201. STATE AND LOCAL INCENTIVES PROGRAMS. (a) Establishment of Program.--Section 409(a) of the Energy Policy Act of 1992 (42 U.S.C. 13235(a)) is amended-- (1) in paragraph (2)(A), by striking ``alternative fueled vehicles'' and inserting ``light and heavy duty alternative fueled vehicles and increasing the use of alternative fuels''; and (2) in paragraph (3)-- (A) in subparagraph (B), by inserting after ``introduction of'' the following: ``converted or acquired light and heavy duty''; (B) in subparagraph (E), by inserting after ``of sales of'' the following: ``, incentives toward use of, and reporting requirements relating to''; and (C) in subparagraph (G)-- (i) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and (ii) by inserting after ``cost of--'' the following: ``(i) alternative fuels;''. (b) Federal Assistance to States.--Section 409(b) of the Energy Policy Act of 1992 (42 U.S.C. 13235(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) grants of Federal financial assistance for the incremental purchase cost of alternative fuels.''; (2) in paragraph (2)(B), by inserting after ``be introduced'' the following: ``and the volume of alternative fuel likely to be consumed''; and (3) in paragraph (3)-- (A) by inserting ``alternative fuels and'' after ``in procuring''; and (B) by inserting ``fuels and'' after ``of such''. (c) General Provisions.--Section 409(c)(2)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13235(c)(2)(A)) is amended by inserting after ``alternative fueled vehicles in use'' the following: ``and volume of alternative fuel consumed''. SEC. 202. ALTERNATIVE FUEL BUS PROGRAM. Section 410(c) of the Energy Policy Act of 1992 (42 U.S.C. 13236(c)) is amended in the second sentence by striking ``and the conversion of school buses to dedicated vehicles'' and inserting ``the incremental cost of alternative fuels used in flexible fueled school buses, and the conversion of school buses to alternative fueled vehicles''. SEC. 203. ALTERNATIVE FUEL USE IN NONROAD VEHICLES, ENGINES, AND MARINE VESSELS. Section 412 of the Energy Policy Act of 1992 (42 U.S.C. 13238) is amended-- (1) in the section heading, by striking ``and engines'' and inserting ``, engines, and marine vessels''; (2) by striking ``vehicles and engines'' each place it appears in subsections (a) and (b) and inserting ``vehicles, engines, and marine vessels''; (3) in subsection (a)-- (A) in the subsection heading, by striking ``Nonroad Vehicles and Engines'' and inserting ``In General''; (B) in paragraph (1)-- (i) in the first sentence, by striking ``a study'' and inserting ``studies''; and (ii) in the second sentence-- (I) by striking ``study'' and inserting ``studies''; and (II) by striking ``2 years'' and inserting ``2, 6, and 10 years''; (C) in paragraph (2)-- (i) by striking ``study'' each place it appears and inserting ``studies''; and (ii) in the second sentence, by inserting ``or marine vessels'' after ``such vehicles''; and (D) in paragraph (3)-- (i) by striking ``report'' and inserting ``reports''; and (ii) by striking ``may'' and inserting ``shall''; and (4) in subsection (b)-- (A) in the subsection heading, by striking ``and Engines'' and inserting ``, Engines, and Marine Vessels''; and (B) by striking ``rail transportation, vehicles used at airports, vehicles or engines used for marine purposes, and other vehicles or engines'' and inserting ``rail and waterway transportation, vehicles used at airports and seaports, vehicles or engines used for marine purposes, marine vessels, and other vehicles, engines, or marine vessels''. TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED VEHICLES SEC. 301. MANDATE FOR ALTERNATIVE FUEL PROVIDERS. Section 501 of the Energy Policy Act of 1992 (42 U.S.C. 13251) is amended-- (1) in subsection (a)(1), by inserting ``or heavy'' after ``new light''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major overhaul or rebuild of the vehicle, if the original equipment manufacturer's warranty continues to apply to the vehicle, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion.''. SEC. 302. REPLACEMENT FUEL SUPPLY AND DEMAND PROGRAM. Section 502 of the Energy Policy Act of 1992 (42 U.S.C. 13252) is amended-- (1) in the first sentence of subsection (a), by inserting ``and heavy'' after ``in light''; and (2) in the first sentence of subsection (b), by inserting after ``October 1, 1993,'' the following: ``and every 5 years thereafter through October 1, 2008,''. SEC. 303. MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY. Section 504 of the Energy Policy Act of 1992 (42 U.S.C. 13254) is amended-- (1) in the first sentence of subsection (a), by striking ``and periodically thereafter'' and inserting ``consistent with the reporting requirements of section 502(b)''; and (2) in subsection (c), by inserting after the first sentence the following: ``Any additional regulation issued by the Secretary shall be, to the maximum extent practicable, neutral with respect to the type of fuel and vehicle used.''. SEC. 304. FLEET REQUIREMENT PROGRAM. (a) Fleet Program Purchase Goals.--Section 507(a)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13257(a)(1)) is amended by inserting ``acquired as, or converted into,'' after ``shall be''. (b) Fleet Requirement Program.--Section 507(g) of the Energy Policy Act of 1992 (42 U.S.C. 13257(g)) is amended-- (1) in paragraph (1), by inserting ``acquired as, or converted into,'' after ``shall be''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Substitutions.--The Secretary shall, by rule, permit fleets covered under this section to substitute the acquisition or conversion of 1 heavy duty alternative fueled vehicle for 2 light duty vehicle acquisitions to meet the requirements of this subsection.''. (c) Conversions.--Section 507(j) of the Energy Policy Act of 1992 (42 U.S.C. 13257(j)) is amended-- (1) by striking ``Nothing in'' and inserting the following: ``(1) In general.--Subject to paragraph (2), nothing in''; and (2) by adding at the end the following: ``(2) Conversion into alternative fueled vehicles.-- ``(A) In general.--A fleet owner shall be permitted to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the alternative fuel for the converted vehicle, for the purpose of compliance with this title or an amendment made by this title, if the original equipment manufacturer's warranty continues to apply to the vehicle, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion. ``(B) Credits.--A fleet owner shall be allowed a credit for the conversion of an existing fleet vehicle and the purchase of alternative fuel for the vehicle.''. (d) Mandatory State Fleet Programs.--Section 507(o) of the Energy Policy Act of 1992 (42 U.S.C. 13257(o)) is amended-- (1) in paragraph (1)-- (A) by inserting ``or heavy'' after ``new light''; and (B) by inserting ``or converted'' after ``acquired''; and (2) in the first sentence of paragraph (2)(A)-- (A) by striking ``this Act'' and inserting ``the Biodiesel Energy Development Act of 1997''; and (B) by inserting after ``of light'' the following: ``or heavy duty alternative fueled''. SEC. 305. CREDITS. (a) In General.--Section 508(a) of the Energy Policy Act of 1992 (42 U.S.C. 13258(a)) is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) Additional alternative fueled vehicles.--The Secretary''; and (2) by adding at the end the following: ``(2) Alternative fuel.--The Secretary shall allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for 1 year for any dual-fueled vehicle acquired or converted by the fleet or covered person as required under this title.''. (b) Allocation.--Section 508(b) of the Energy Policy Act of 1992 (42 U.S.C. 13258(b)) is amended-- (1) by striking ``In allocating credits under subsection (a),'' and inserting the following: ``(1) Additional alternative fueled vehicles.--In allocating credits under subsection (a)(1),''; and (2) by adding at the end the following: ``(2) Dual-fueled vehicles; alternative fuel.--In allocating credits under subsection (a)(2), the Secretary shall allocate 2 credits to a fleet or covered person for acquiring or converting a dual-fueled vehicle and acquiring a volume of alternative fuel equal to the estimated need for 1 year for any dual-fueled vehicle if the dual-fueled vehicle acquired is in excess of the number that the fleet or covered person is required to acquire or is acquired before the date that the fleet or covered person is required to acquire the number under this title.''. SEC. 306. SECRETARY'S RECOMMENDATION TO CONGRESS. Section 509(a) of the Energy Policy Act of 1992 (42 U.S.C. 13259(a)) is amended-- (1) in paragraph (1), by inserting before the semicolon at the end the following: ``and exempting replacement fuels from taxes levied on non-replacement fuels''; and (2) in paragraph (2)-- (A) by inserting ``and converters'' after ``suppliers''; and (B) by inserting before the semicolon the following: ``, including the conversion and warranty of motor vehicles into alternative fueled vehicles''.

Summary: TABLE OF CONTENTS: Title I: Alternative Fuels - General Title II: Alternative Fuels - Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles Biodiesel Energy Development Act of 1997 - Title I: Alternative Fuels - General - Amends the Energy Policy Act of 1992 to modify definitions relating to alternative fuels, dual-fueled vehicles, heavy duty motor vehicles, and marine vessels. Amends the Energy Policy and Conservation Act with respect to alternative fuel use by light duty Federal vehicles to provide that if such vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild. Amends the Energy Policy Act of 1992 to require the Secretary of Energy (Secretary), if appropriate, to permit a Federal fleet to: (1) acquire one heavy duty alternative fueled vehicle in place of two light duty alternative fueled vehicles; and (2) take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. Title II: Alternative Fuels - Non-Federal Programs - Requires State and local alternative fuel incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative fuels used in flexible fueled school buses and school bus conversions to alternative fueled vehicles. (Sec. 203) Requires the Secretary to study and report to Congress on alternative fuel use in marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the mandate for alternative fuel providers to include regulation of heavy duty trucks. (Sec. 301) Cites circumstances under which the Secretary may allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major vehicle overhaul or rebuild. (Sec. 302) Directs the Secretary to: (1) include heavy duty motor vehicles in the program to promote the development and use in light duty motor vehicles of domestic replacement fuels; and (2) review every five years a development plan and production goals for replacement fuel supply and demand. (Sec. 304) Modifies the fleet program purchase goals to require that specified percentages of new light duty motor vehicles acquired in each model year be acquired as, or converted into, alternative fueled vehicles. Modifies the fleet requirement program to direct the Secretary to permit fleets to substitute the acquisition or conversion of one heavy duty alternative fueled vehicle for two light duty vehicle acquisitions to meet program requirements. Permits a fleet owner to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the fuel for such vehicle for compliance purposes, if the original equipment manufacturer's warranty continues to apply to the vehicle. Allows a fleet owner a credit for such conversion. (Sec. 305) Instructs the Secretary to allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for one year for any dual-fueled vehicle acquired or converted under this Act. Sets forth a credit allocation scheme for dual-fueled vehicles and alternative fuel. (Sec. 306) Requires the Secretary to submit to the Congress recommended requirements for exempting replacement fuels from taxes levied on non-replacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Travelers Fair Treatment Act of 2001''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended by adding at the end the following: ``(c) Specific Practices.--For purposes of subsection (a), the term `unfair or deceptive practice' includes each of the following: ``(1) Flight delays.--The failure of an air carrier or foreign air carrier to provide a passenger of the carrier with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. ``(2) Termination of ticket agents.--In the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, the failure of the air carrier or foreign air carrier-- ``(A) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and ``(B) to provide the ticket agent with at least 60 days to correct any deficiency claimed in the written notice, except in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.''. SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS. Section 41713(b)(1) of title 49, United States Code, is amended by striking ``related to a price, route, or service of an air carrier that may provide air transportation under this subpart'' and inserting ``that directly prescribes a price, route, or level of service for air transportation provided by an air carrier under this subpart''. SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier in air transportation that is capable of carrying at least 30 passengers. ``(2) Considerations.--In prescribing regulations under paragraph (1), the Secretary shall consider-- ``(A) the weight and size of the equipment described in paragraph (1); ``(B) the need for special training of air carrier personnel to operate the equipment safely and effectively; ``(C) the space limitations of each type of aircraft; ``(D) the effect of the regulations on aircraft operations; ``(E) the practical experience of airlines in carrying and operating similar equipment; and ``(F) other relevant factors. ``(3) Consultation.--Before prescribing regulations under paragraph (1), the Secretary shall consult with the Surgeon General of the Public Health Service. ``(b) Right To Exit Aircraft.--No air carrier or foreign air carrier operating an aircraft in air transportation shall prevent or hinder (including by failing to assist) any passenger from exiting the aircraft (under the same circumstances as any member of the flight crew is permitted to exit the aircraft) if-- ``(1) the aircraft is parked at an airport terminal gate with access to ramp or other facilities through which passengers are customarily boarded and deplaned; ``(2) the aircraft has remained at the gate more than 1 hour past its scheduled departure time; and ``(3) the captain of the aircraft has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.''. (b) Conforming Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``41722. Airline passenger rights.''. SEC. 5. CONSUMER ACCESS TO INFORMATION. (a) Requirement for Program.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44727. Air traveler safety program ``(a) In General.-- ``(1) Written information.--The Secretary of Transportation (in this section referred to as the `Secretary') shall require in regulations, for a period determined by the Secretary, that each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning the following: ``(A) Safety inspection reviews conducted by the Administrator of the Federal Aviation Administration (in this section referred to as the `Administrator') on the aircraft of that air carrier. ``(B) The safety ranking of that air carrier, as determined by the Administrator in accordance with applicable law. ``(C) The compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of each year, the Secretary shall submit a report to Congress regarding the safety of air carriers that provide interstate or foreign air transportation. The report shall include with respect to the year in which the report is filed-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the annual report under paragraph (1) available to any person or entity upon request. ``(c) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors of an accident receive, to the extent allowable by law, immediate and unrestricted access to information on the accident that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) Classified information.--Nothing in paragraph (1) may be construed to authorize a release of information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy. ``(d) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (c) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation of the accident. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(e) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (2) Conforming amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44727. Air traveler safety program.''. (b) Time for Regulations.--The Secretary of Transportation shall issue the regulations required by subsection (a) of section 44727 of title 49, United States Code (as added by subsection (a)), not later than 90 days after the date of enactment of this Act. (c) Submittal of First Annual Report.--The Secretary of Transportation shall submit the first annual report to Congress under subsection (b) of such section 44727 not later than December 31, 2001.

Summary: Air Travelers Fair Treatment Act of 2001 - Amends Federal transportation law to make it an unfair or deceptive practice for an air carrier or foreign air carrier to fail to provide a passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary.Makes it an unfair or deceptive practice for an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, to fail: (1) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers.Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft (under the same circumstances as any flight crew member may exit) if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities; and (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.Directs the Secretary to require by regulations each air carrier or foreign air carrier to provide, upon request, to their passengers any information concerning the safety of the aircraft and the competency of the aircraft crew.Directs the National Transportation Safety Board to establish and administer a program for victims and survivors of aircraft accidents in which they receive immediate and unrestricted access to information with regard to such accidents. Establishes a toll-free telephone line for the public to provide specified information concerning an aircraft accident.Sets forth civil penalties for violations of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fraud Enforcement and Prevention Act of 2013''. SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) In General.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended-- (1) in subsection (a), by striking ``$10,000 or imprisoned for not more than one year'' and inserting ``$20,000 or imprisoned for not more than two years''; and (2) in each of subsections (a), (b)(1), (b)(2), (c), and (d), by striking ``$25,000 or imprisoned for not more than five years'' and inserting ``$50,000 or imprisoned for not more than 10 years''. (b) Illegal Distribution of Medicare or Medicaid Beneficiary Identification or Billing Privileges.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(h) Whoever knowingly purchases, sells, or unlawfully distributes, or arranges for the purchase, sale, or unlawful distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges under title XVIII or title XIX shall be imprisoned for not more than 10 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. (c) Effective Date.--The amendments made by this section shall apply to acts committed on or after the date of the enactment of this Act. SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) Civil Monetary Penalties Law Alignment and Other Changes.-- (1) Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended-- (A) in paragraph (1), by striking ``to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)),''; (B) by inserting after paragraph (10), as added by section 6402(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) the following new paragraphs: ``(11) conspires to commit a violation of this section; or ``(12) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to a Federal health care program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a Federal health care program;''; (C) in the first sentence-- (i) by striking ``or in cases under paragraph (9)'' and inserting ``in cases under paragraph (9)''; and (ii) by striking ``fact)'' and inserting ``fact), in cases under paragraph (11), $50,000 for any violation described in this section committed in furtherance of the conspiracy involved, and in cases under paragraph (12), $50,000 for each false record or statement, or concealment, avoidance, or decrease''; and (D) in the second sentence, by striking ``material fact).'' and inserting ``material fact); or in cases under paragraph (11), an assessment of not more than 3 times the total amount that would otherwise apply for any violation described in this section committed in furtherance of the conspiracy involved; or in cases under paragraph (12), an assessment of not more than 3 times the total amount of the obligation to which the false record or statement was material or that was avoided or decreased.''. (2) Section 1128A(c)(1) of the Social Security Act (42 U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and inserting ``10 years''. (3) Section 1128A(i) of the Social Security Act (42 U.S.C. 1320a-7a(i)) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) The term `claim' means any application, request, or demand, whether under contract, or otherwise, for money or property for items and services under a Federal health care program (as defined in section 1128B(f)), whether or not the United States or a State agency has title to the money or property, that-- ``(A) is presented or caused to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)); or ``(B) is made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the Federal health care program's behalf or to advance a Federal health care program interest, and if the Federal health care program-- ``(i) provides or has provided any portion of the money or property requested or demanded; or ``(ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.''; (B) by amending paragraph (3) to read as follows: ``(3) The term `item or service' means, without limitation, any medical, social, management, administrative, or other item or service used in connection with or directly or indirectly related to a Federal health care program.''; (C) in paragraph (7)-- (i) by striking ``term `should know' means'' and inserting ``terms `knowing', `knowingly', and `should know' mean''; (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: ``(A) has actual knowledge of the information;''; and (iv) in the matter following subparagraph (C), as redesignated by clause (ii)-- (I) by inserting ``require'' after ``and''; and (II) by striking ``is required''; and (D) by adding at the end the following new paragraphs: ``(8) The term `obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. ``(9) The term `material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.''. (b) Exclusion of Responsible Corporate Officials.--Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by striking clauses (i) and (ii) of paragraph (15)(A) and inserting the following: ``(i) who has or had a direct or indirect ownership or control interest in a sanctioned entity at the time of and who knew or should have known (as defined in section 1128(i)(7)) of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B); or ``(ii) who is or was an officer or managing employee (as defined in section 1126(b)) of such an entity at the time of any of the conduct that formed a basis for the conviction or exclusion so described.''. (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended by striking ``may'' and inserting ``shall''. (d) Civil Monetary Penalties for False Statements or Delaying Inspections.--Paragraph (9) of section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended by inserting ``or to timely provide information in response to a request authorized by section 1128J(b),'' after ``regulations),''. SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC TECHNOLOGY STUDY. (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395cc(j)(2)(B)(ii)) is amended by striking ``may'' and inserting ``shall''. (b) Access to Real Time Claims and Payment Data.--Section 1128J(a)(2) of the Social Security Act is amended-- (1) by inserting ``including real time claims and payment data,'' after ``access to claims and payment data''; and (2) by adding at the end the following sentence: ``In carrying out this section, the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, shall implement mechanisms for the sharing of information about suspected fraud relating to the Federal health care programs under titles XVIII, XIX, and XXI with other appropriate law enforcement officials.''. (c) Study on Use of Biometric Technology.-- (1) In general.--The Secretary of Health and Human Services shall provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program (in this subsection referred to as a ``biometric technology program'') that implements biometric technology to ensure that individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title are physically present at the time and place of receipt of certain items and services (specified by the Secretary) for which payment may be made under such title. Such a program may provide for financial incentives to encourage voluntary participation of providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act). (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the study conducted under paragraph (1). Such report shall include an analysis of the likely effectiveness of a biometric technology program on reducing waste, fraud, and abuse under the Medicare program and may include recommendations with regard to whether such a program, on a pilot or other basis, should be implemented.

Summary: Medicare Fraud Enforcement and Prevention Act of 2013 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements. Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data. Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made.


SECTION 1. SHORT TITLE. This Act may be cited as ``Education Tax Credit Simplification Act of 2004''. SEC. 2. HOPE AND LIFETIME LEARNING CREDITS COMBINED. (a) In General.--So much of section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning Credits) as precedes subsection (d) is amended to read as follows: ``SEC. 25A. EDUCATION CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year the amount equal to 50 percent of so much of the qualified expenses paid by the taxpayer during the taxable year (for education furnished to an individual during any academic period beginning in such taxable year) as does not exceed $3,000 for such taxable year with respect to such individual. ``(b) Qualified Expenses.--For purposes of subsection (a), the term `qualified expenses' means the sum of-- ``(1) qualified higher education expenses, and ``(2) the expenses described in subsection (d)(1) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills of the individual.''. (b) Conforming Amendments to Credit.-- (1) Section 25A of such Code is amended-- (A) by striking subsection (h), and (B) by redesignating subsections (d), (e), (f), (g), and (i) as subsections (c), (d), (e), (f), and (g), respectively. (2) Subsection (f)(2) of section 25A of such Code, as so redesignated, is amended by striking ``(before the application of subsections (b), (c), and (d))''. (c) Other Conforming and Clerical Amendments.-- (1) The following provisions of such Code are each amended by striking ``section 25A(g)(2)'' and inserting ``section 25A(f)(2)'': (A) Section 72(t)(7)(B). (B) Section 221(d)(2)(B). (C) Section 222(d)(1) (as amended by section 132 of this Act). (D) Section 529(c)(3)(B)(v)(I). (E) Section 530(b)(2)(A). (F) Section 530(d)(2)(C)(i)(I). (G) Section 530(d)(4)(B)(iii). (2) Section 221(d) of such Code is amended-- (A) in paragraph (2) by striking ``section 25A(f)(2)'' and inserting ``section 25A(e)(2)'', and (B) by amending paragraph (3) to read as follows: ``(3) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(A) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(B) is carrying at least \1/2\ the normal full- time work load for the course of study the student is pursuing.''. (3) Section 529(e)(3)(B)(i) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 221(d)(3)''. (4) The heading of section 529(c)(3)(B)(v) of such Code is amended to read as follows: ``Coordination with education credit.--''. (5) The heading of section 530(d)(2)(C) of such Code is amended to read as follows: ``Coordination with education credit and qualified tuition programs.--''. (6) Section 6050S(e) of such Code is amended by striking ``subsection (g)(2)'' and inserting ``subsection (f)(2)''. (7) Section 6213(g)(2)(J) of such Code is amended by striking ``section 25A(g)(1)'' and inserting ``section 25A(f)(1)''. (8) The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 25A. Education Credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. UNIFORM DEFINITION OF QUALIFYING HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (3) of section 529(e) of such Code (relating to other definitions and special rules) is amended to read as follows: ``(3) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means-- ``(i) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary at an eligible educational institution; and ``(ii) expenses for special needs services in the case of a special needs beneficiary which are incurred in connection with such enrollment or attendance. ``(B) Room and board included for students who are at least half-time.-- ``(i) In general.--In the case of an individual who is an eligible student for any academic period, such term shall also include reasonable costs for such period (as determined under the qualified tuition program) incurred by the designated beneficiary for room and board while attending such institution. For purposes of subsection (b)(7), a designated beneficiary shall be treated as meeting the requirements of this clause. ``(ii) Limitation.--The amount treated as qualified higher education expenses by reason of clause (i) shall not exceed-- ``(I) the allowance (applicable to the student) for room and board included in the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll), as in effect on the date of the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001) as determined by the eligible educational institution for such period, or ``(II) if greater, the actual invoice amount the student residing in housing owned or operated by the eligible educational institution is charged by such institution for room and board costs for such period. ``(iii) Eligible student.--For purposes of this subparagraph, the term `eligible student' means, with respect to any academic period, a student who-- ``(I) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(II) is carrying at least \1/2\ the normal full-time work load for the course of study the student is pursuing. ``(C) Exceptions.-- ``(i) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(ii) Exception for nonacademic fees.-- Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual's academic course of instruction.''. (b) Conforming Amendments.-- (1) Section 25A and 6050S of such Code are each amended by striking ``qualified tuition and related expenses'' each place it appears and inserting ``qualified higher education expenses''. (2) Section 25A(e)(1) of such Code (as amended by this Act) is amended to read as follows: ``(1) Qualified higher education expenses.--The term `qualified higher education expenses' means the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) required for the enrollment or attendance of-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, or ``(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution.''. (3) Section 135(c)(2) of such Code is amended-- (A) by striking ``tuition and fees'' and inserting ``the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof)'', and (B) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (4) Section 221(d)(2) of such Code is amended by striking ``the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before the date of the enactment of this Act)'' and inserting ``the qualified higher education expenses (as defined by section 529(e)(3) without regard to subparagraph (B) thereof) incurred for attendance''. (5)(A) Section 222 of such Code is amended by striking ``qualified tuition and related expenses'' each place it appears and inserting ``qualified higher education expenses''. (B) Section 222(d)(1) of such Code is amended to read as follows: ``(1) Qualified higher education expenses.--The term `qualified higher education expenses' has the meaning given such term by section 529(e)(3) (without regard to subparagraph (B) thereof). Such expenses shall be reduced in the same manner as under section 25A(f)(2).''. (C) Section 222(d) of such Code is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: ``(6) Room and board included for students who are full- time.--No amount shall be taken into account under this section for an expense described in section 529(e)(3)(B) (relating to room and board included for students who are at least half- time) unless such individual is an eligible student (as defined in section 25A(b)(3), determined by substituting `the normal full-time work load' in lieu of `\1/2\ the normal full-time work load' in subparagraph (B) thereof.''. (D) The heading for section 222 of such Code is amended by striking ``TUITION AND RELATED'' and inserting ``HIGHER EDUCATION''. (E) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by amending the item relating to section 222 to read as follows: ``Sec. 222. Qualified higher education expenses.''. (6)(A) Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B)(x) by striking ``qualified tuition and related expenses'' and inserting ``qualified higher education expenses'', and (ii) in paragraph (2)(Z) by striking ``qualified tuition and related expenses'' and inserting ``qualified higher education expenses''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid in taxable years beginning after December 31, 2003, for education furnished in periods beginning after such date.

Summary: Education Tax Credit Simplification Act of 2004 - Amends the Internal Revenue Code to revise the Hope and Lifetime Learning Tax Credits. Combines both credits into an Education Credit that allows certain students a tax credit of 50 percent of their qualified higher education expenses and educational expenses to acquire or improve job skills, up to $3,000 per year. Eliminates the annual cost of living adjustments to the allowable credit amount.


SECTION 1. SHORT TITLE. This Act may be referred to as the ``Department of the Interior Reform and Savings Act of 1993''. TITLE I--IMPROVE THE FEDERAL HELIUM PROGRAM SEC. 101. AMENDMENTS TO HELIUM ACT AMENDMENTS OF 1960. (a) Section 4 of the Helium Act Amendments of 1960 (74 Stat. 920, 50 U.S.C. 167b) is amended to insert after ``lands acquired, leased, or reserved;'' the following: ``reduce costs and increase operational efficiencies, especially in operations that do not produce revenue; establish and adjust fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Government storage facilities to compensate fully for all costs incurred;''. (b) Section 6 of the Helium Act Amendments of 1960 (74 Stat. 921, 50 U.S.C. 167d) is amended-- (1) by amending subsection (b) to read: ``(b) The Secretary is authorized to sell helium for Federal, medical, scientific, and commercial uses in such quantities and under such terms and conditions as the Secretary determines. Sales shall be made in quantities and a manner to avoid undue disruption of the usual markets of producers, processors, and consumers of helium and to protect the United States against avoidable loss.''; and (2) by amending subsection (c) to read: ``(c) Sales of helium by the Secretary shall be at prices, as established by the Secretary, that are adequate to cover all costs incurred in carrying out the provisions of this Act. Helium shall be sold at prices comparable to helium sold by private industry. An annual review of price comparability shall be made and adjustments shall be made accordingly.''. SEC. 102. LONG-TERM COMPREHENSIVE PLAN. The Secretary of the Interior shall prepare and develop a long- term, comprehensive plan to (1) cancel the outstanding debt owed to the Treasury by the Department of the Interior related to the Federal helium program; and (2) improve Federal helium program operations over a multi-year period. The plan should analyze various options to accomplish (1) and (2) above, with emphasis on ways to minimize adverse impacts on Federal employment, Federal helium purchasers, and U.S. private sector helium markets. The plan, with the Secretary's preferred options, shall be presented to the President within 4 months of enactment of this Act. The President may adopt the plan, in whole or in part, and is authorized to cancel the out-standing debt upon a finding that such debt cancellation is in the national interest. TITLE II--IMPROVE MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION SEC. 201. IMPROVEMENT OF MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION. (a) The Secretary of the Interior shall, by fiscal year 1995, direct the Minerals Management Service, Royalty Management Program, to develop and implement (1) an automated business information system to provide to its auditors a lease history that includes reference, royalty, production, financial, compliance history, pricing and valuation, and other information; (2) the optimum methods to identify and resolve anomalies and to verify that royalties are paid correctly; (3) a more efficient and cost-effective royalty collection process by instituting new compliance and enforcement measures, including assessments and penalties for erroneous reporting and underreporting; and (4) such other actions as may be necessary to reduce royalty underpayment and increase revenue to the U.S. Treasury by an estimated total of $28 million by fiscal year 1999. (b) The Federal Oil and Gas Royalty Management Act of 1982 (Public Law No. 97-451), (30 U.S.C. 1701 et seq.) is amended by adding a new subsection 111(h) as follows: ``penalty assessment for substantial underreporting of royalty'' ``Sec. 111. (h)(1) If there is any underreporting of royalty owned on production from any lease issued or administered by the Secretary for the production of oil, gas, coal, any other mineral, or geothermal steam, from any Federal or Indian lands or the Outer Continental Shelf, for any production month, by any person who is responsible for paying royalty, the Secretary may assess a penalty of 10 percent of the amount of that underreporting. ``(2) If there is a substantial underreporting of royalty owed on production from any lease issued or administered by the Secretary for the production of oil, gas, coal, any other mineral, or geothermal steam, from any Federal or Indian lands or the Outer Continental Shelf, for any production month, by any person who is responsible for paying royalty, the Secretary may access a penalty of 20 percent of the amount of that substantial underreporting. ``(3) For purposes of this section, the term `undereporting' means the difference between the royalty on the value of the production which should have been reported and the royalty on the value of the production which was reported, if the value of the production which should have been reported is greater than the value of the production which was reported. An underreporting constitutes a `substantial underreporting' if such difference exceeds 10 percent of the royalty on the value of the production which should have been reported. ``(4) The Secretary shall not impose the assessment provided in paragraphs (1) or (2) if the person corrects the underreporting before the date the person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of enactment of this section, whichever is later. ``(5) The Secretary shall waive any portion of an assessment provided in paragraphs (1) or (2) attributable to that portion of the underreporting for which the person demonstrates that-- ``(i) the person had written authorization from the Secretary to report royalty on the value of the production on the basis on which it was reported, or ``(ii) the person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported, or ``(iii) the person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting, or ``(iv) the person meets any other exception which the Secretary may, by rule, establish. ``(6) All penalties collected under this subsection shall be deposited to the same accounts in the Treasury or paid to the same recipients in the same manner as the royalty with respect to which such penalty is paid.''. TITLE III--PHASE OUT THE MINERAL INSTITUTE PROGRAM SEC. 301. PHASE OUT OF MINERAL INSTITUTE PROGRAM. The Secretary of the Interior, beginning in fiscal year 1995, shall take action to phase out the Mining and Mineral Resources Research Institute Act of 1984, Public Law 98-409, as amended (98 Stat. 1536 through 1541 and 102 Stat. 2339 through 2341, 30 U.S.C. 1221 through 1230). There are hereby authorized to be appropriated under the Act the following amounts: fiscal year 1995--$6.5 million; fiscal year 1996--$5 million; fiscal year 1997--$3 million; and fiscal year 1998--$1.5 million. No further appropriations for this Act are authorized after September 30, 1998.

Summary: TABLE OF CONTENTS: Title I: Improve the Federal Helium Program Title II: Improve Minerals Management Service Royalty Collection Title III: Phase Out the Mineral Institute Program Department of the Interior Reform and Savings Act of 1993 - Title I: Improve the Federal Helium Program - Amends the Helium Act Amendments of 1960 to authorize the Secretary of the Interior (the Secretary) to: (1) reduce costs and increase operational efficiencies; and (2) set fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Federal storage facilities to compensate fully for all costs incurred. Directs the Secretary to: (1) make helium sales in a manner that avoids undue disruption of the usual helium market and protects the United States against avoidable loss; (2) sell helium at prices comparable to those set by private industry; and (3) develop a long-term comprehensive plan to cancel the outstanding debt owed to the Treasury related to the Federal helium program, and to improve Federal helium program operations. Title II: Improve Minerals Management Service Royalty Collection - Requires the Secretary to direct the Minerals Management Service, Royalty Management Program, to develop and implement: (1) an automated business information system to provide its auditors a lease history; (2) optimum methods to identify and resolve anomalies and to verify royalty payments; (3) new royalty compliance and enforcement measures; and (4) other actions necessary to reduce royalty underpayment and increase revenues by a specified amount. Amends the Federal Oil and Gas Royalty Management Act of 1982 to authorize the Secretary to assess a penalty of ten percent of the amount of underreported royalty, and 20 percent of the amount of substantially underreported royalty. Title III: Phase Out the Mineral Institute Program - Directs the Secretary to phase out the Mining and Mineral Resources Research Institute Act of 1984 by the end of FY 1998.


SECTION 1. TEACHER RECRUITMENT. (a) Future Math and Science Teacher Recruitment.--Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by adding at the end the following new part: ``PART L--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT ``SEC. 10995A. SHORT TITLE; FINDINGS. ``(a) Short Title.--This part may be cited as the `Recruit and Reward Future Math and Science Teachers of America Act of 2000'. ``(b) Findings.--Congress finds the following: ``(1) United States high school students rate 16th and 19th, respectively, in science and math out of 21 countries. ``(2) Of United States high school students who take physical science and math courses, 56 percent and 27 percent, respectively, are taught by teachers who did not prepare in that field. ``(3) Teachers' knowledge and skills powerfully influence student learning. ``(4) More than 2,000,000 teachers will need to be hired over the next decade. ``(5) The ability of the United States to place highly qualified math and science teachers specializing in their field of instruction will depend on proactive policies that increase funding for teacher training, recruitment, and induction. ``SEC. 10995B. PURPOSE; APPROPRIATIONS AUTHORIZED. ``(a) Purpose.--It is the purpose of this part to make grants available, through a pilot program, to eligible institutions described in section 10995C, to enable such institutions to provide 500 scholarship awards to outstanding students enrolled in an accredited teacher training graduate program who are committed to pursuing careers teaching math and science at an urban or rural secondary level classroom. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $5,000,000 in each of the fiscal years 2001, 2002, and 2003. ``SEC. 10995C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA. ``(a) Scholarship Designation.--Funds made available under this part shall be designated as the `National Math and Science Teacher Scholarships'. ``(b) Selection Criteria.--The Secretary of Education may award funds for National Math and Science Teacher Scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. The Secretary may not provide any individual higher education institution more than $100,000 per academic year for the purpose of the National Math and Science Teacher Scholarships. An institution applying for such scholarships may only be eligible to receive funds if such institution is ranked by the Secretary in the top 25 percent of schools in the State in which the institution is located with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Notwithstanding the preceding sentence, if there are fewer than 4 such institutions in a State, only the institution with the highest percentage of such graduates shall be eligible to receive funding. ``(c) Priorities.--The Secretary shall give priority to eligible institutions that meet 1 or more of the following criteria: ``(1) Provide a year long internship program in a professional development school. ``(2) Provide mentoring programs for novice teachers in their first 3 years. ``(3) Demonstrate a history of placing graduates in rural and urban schools. ``(4) Demonstrate that there is a high retention rate of teachers that the institution places in teaching positions. ``SEC. 10995D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY. ``An individual may be eligible for a National Math and Science Teacher Scholarship only if such individual-- ``(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; ``(2) is majoring in a physical or life science or mathematics graduate teacher training program; ``(3) is enrolled in a higher education institution that-- ``(A) is ranked by the Secretary in the top 25 percent of schools in the State in which the institution is located with the highest percentage of graduates passing the State teacher qualification assessment for new teachers; or ``(B) if there are are fewer than 4 such institutions in a State, is the institution with the highest percentage of such graduates; and ``(4) is willing to teach math or science in a rural or urban public secondary school for no less than 3 full academic years. ``SEC. 10995E. SCHOLARSHIP AMOUNT. ``(a) Amount of Award.-- ``(1) In general.--The amount of a scholarship awarded by participating teacher training graduate programs under this part for any academic year shall be $10,000 per student, except that in no case shall the total amount of the scholarship exceed the total cost of attendance. ``(2) Insufficient funds.--In any fiscal year in which the amount appropriated to carry out this part is insufficient to award 500 scholarships, the Secretary shall reduce the number of awards to eligible institutions. ``(b) Assistance Not To Exceed Cost of Attendance.--No individual shall receive an award under this part in any academic year which exceeds the cost of attendance. A scholarship awarded under this part shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance. ``SEC. 10995F. AGREEMENT; SCHOLARSHIP REPAYMENT PROVISIONS. ``(a) Agreement.--Recipients of the National Math and Science Teachers Scholarships shall agree to teach in an urban or rural public secondary school for no less than 3 full academic years. ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients of a Scholarship found by the Secretary to be in noncompliance with the agreement entered into under subsection (a) of this section shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed by the Secretary by regulations. ``SEC. 10995G. EXCEPTIONS TO REPAYMENT PROVISIONS. ``An individual recipient of a Scholarship under this part shall not be considered in violation of the agreement entered into pursuant to section 10995F during any period in which the recipient-- ``(1) is pursuing a full-time course of study in math and science at an accredited institution; ``(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; ``(3) is temporarily disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; ``(4) is seeking and unable to find full-time employment for a single period not to exceed 12 months; ``(5) is seeking and unable to find full-time employment as a math and science teacher in a public or private nonprofit elementary or secondary school or education program for a single period not to exceed 27 months; ``(6) satisfies the provision of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this section; or ``(7) is permanently totally disabled, as established by sworn affidavit of a qualified physician. ``SEC. 10995H. REPORT TO CONGRESS. ``Three years after the date on which funds are first made available to carry out this part, the Secretary of Education shall submit a report to Congress evaluating the success of the National Math and Science Teacher Scholarships pilot program in recruiting math and science teachers to teach in America's public secondary schools.''.

Summary: Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorizes appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Makes an institution eligible for such funds only if it is ranked by the Secretary in the top 25 percent of schools in its State with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Directs the Secretary to give priority to eligible institutions that have one or more of these: (1) a year-long internship program in a professional development school; (2) mentoring programs for novice teachers in their first three years; (3) a history of placing graduates in rural and urban schools; and (4) a high retention rate of teachers that the institution places in teaching positions. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Irrigation Subsidy Reduction Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) the Federal reclamation program has been in existence for over 90 years, with an estimated taxpayer investment of over $70,000,000,000; (2) the program has had and continues to have an enormous effect on the water resources and aquatic environments of the western States; (3) irrigation water made available from Federal water projects in the West is a very valuable resource for which there are increasing and competing demands; (4) the justification for providing water at less than full cost was to benefit and promote the development of small family farms and exclude large corporate farms, but this purpose has been frustrated over the years due to inadequate implementation of subsidy and acreage limits; (5) below-cost water prices tend to encourage excessive use of scarce water supplies in the arid regions of the West, and reasonable price increases to the wealthiest western farmers would provide an economic incentive for greater water conservation; (6) the Federal Government has increasingly applied eligibility tests based on income for Federal entitlement and subsidy programs, measures that are consistent with the historic approach of the reclamation program's acreage limitations that seek to limit water subsidies to smaller farms; and (7) including a means test based on gross income in the reclamation program will increase the effectiveness of carrying out the family farm goals of the Federal reclamation laws. SEC. 3. AMENDMENTS. (a) Definitions.--Section 202 of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb) is amended-- (1) by redesignating paragraphs (7), (8), (9), (10), and (11) as paragraphs (9), (10), (11), (12), and (13), respectively; (2) in paragraph (6) by striking ``owned or operated under a lease which'' and inserting ``owned, leased, or operated by an individual or legal entity and which''; (3) by inserting after paragraph (6) the following: ``(7) Legal entity.--The term `legal entity' includes a corporation, association, partnership, trust, joint tenancy, or tenancy in common, or any other entity that owns, leases, or operates a farm operation for the benefit of more than 1 individual under any form of agreement or arrangement. ``(8) Operator.-- ``(A) In general.--The term `operator'-- ``(i) means an individual or legal entity that operates a single farm operation on a parcel (or parcels) of land that is owned or leased by another person (or persons) under any form of agreement or arrangement (or agreements or arrangements); and ``(ii) if the individual or legal entity-- ``(I) is an employee of an individual or legal entity, includes the individual or legal entity; or ``(II) is a legal entity that controls, is controlled by, or is under common control with another legal entity, includes each such other legal entity. ``(B) Operation of a farm operation.--For the purposes of subparagraph (A), an individual or legal entity shall be considered to operate a farm operation if the individual or legal entity is the person that performs the greatest proportion of the decisionmaking for and supervision of the agricultural enterprise on land served with irrigation water.''; and (4) by adding at the end the following: ``(14) Single farm operation.-- ``(A) In general.--The term `single farm operation' means the total acreage of land served with irrigation water for which an individual or legal entity is the operator. ``(B) Rules for determining whether separate parcels are operated as a single farm operation.-- ``(i) Equipment- and labor-sharing activities.--The conduct of equipment- and labor-sharing activities on separate parcels of land by separate individuals or legal entities shall not by itself serve as a basis for concluding that the farming operations of the individuals or legal entities constitute a single farm operation. ``(ii) Performance of certain services.-- The performance by an individual or legal entity of an agricultural chemical application, pruning, or harvesting for a farm operation on a parcel of land shall not by itself serve as a basis for concluding that the farm operation on that parcel of land is part of a single farm operation operated by the individual or entity on other parcels of land.''. (b) Identification of Owners, Lessees, and Operators and of Single Farm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 39aa et seq.) is amended by inserting after section 201 the following: ``SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF SINGLE FARM OPERATIONS. ``(a) In General.--Subject to subsection (b), for each parcel of land to which irrigation water is delivered or proposed to be delivered, the Secretary shall identify a single individual or legal entity as the owner, lessee, or operator. ``(b) Shared Decisionmaking and Supervision.--If the Secretary determines that no single individual or legal entity is the owner, lessee, or other individual that performs the greatest proportion of decisionmaking for and supervision of the agricultural enterprise on a parcel of land-- ``(1) all individuals and legal entities that own, lease, or perform a proportion of decisionmaking and supervision that is equal as among themselves but greater than the proportion performed by any other individual or legal entity shall be considered jointly to be the owner, lessee, or operator; and ``(2) all parcels of land of which any such individual or legal entity is the owner, lessee, or operator shall be considered to be part of the single farm operation of the owner, lessee, or operator identified under subsection (1). (c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43 U.S.C. 390ee) is amended by adding at the end the following: ``(d) Single Farm Operations Generating More Than $500,000 in Gross Farm Income.-- ``(1) In general.--Notwithstanding subsections (a), (b), and (c), in the case of-- ``(A) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 for a taxable year; or ``(B) a limited recipient that received irrigation water on or before October 1, 1981, and that reports gross farm income from a single farm operation in excess of $500,000 for a taxable year; irrigation water may be delivered to the single farm operation of the qualified recipient or limited recipient at less than full cost to a number of acres that does not exceed the number of acres determined under paragraph (2). ``(2) Maximum number of acres to which irrigation water may be delivered at less than full cost.--The number of acres determined under this subparagraph is the number equal to the number of acres of the single farm operation multiplied by a fraction, the numerator of which is $500,000 and the denominator of which is the amount of gross farm income reported by the qualified recipient or limited recipient in the most recent taxable year. ``(3) Inflation adjustment.-- ``(A) In general.--The $500,000 amount under paragraphs (1) and (2) for any taxable year beginning in a calendar year after 1997 shall be equal to the product of-- ``(i) $500,000, multiplied by ``(ii) the inflation adjustment factor for the taxable year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for 1996. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year. ``(C) GDP implicit price deflator.--For purposes of subparagraph (B), the term `GDP implicit price deflator' means the first revision of the implicit price deflator for the gross domestic product as computed and published by the Secretary of Commerce. ``(D) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $100, the increase shall be rounded to the next lowest multiple of $100.''. (d) Certification of Compliance.--Section 206 of the Reclamation Reform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows: ``SEC. 206. CERTIFICATION OF COMPLIANCE. ``(a) In General.--As a condition to the receipt of irrigation water for land in a district that has a contract described in section 203, each owner, lessee, or operator in the district shall furnish the district, in a form prescribed by the Secretary, a certificate that the owner, lessee, or operator is in compliance with this title, including a statement of the number of acres owned, leased, or operated, the terms of any lease or agreement pertaining to the operation of a farm operation, and, in the case of a lessee or operator, a certification that the rent or other fees paid reflect the reasonable value of the irrigation water to the productivity of the land. ``(b) Documentation.--The Secretary may require a lessee or operator to submit for the Secretary's examination-- ``(1) a complete copy of any lease or other agreement executed by each of the parties to the lease or other agreement; and ``(2) a copy of the return of income tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost.''. (e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43 U.S.C. 390nn) is repealed. (f) Administrative Provisions.-- (1) Penalties.--Section 224(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(c)) is amended-- (A) by striking ``(c) The Secretary'' and inserting the following: ``(c) Regulations; Data Collection; Penalties.-- ``(1) Regulations; data collection.--The Secretary''; and (B) by adding at the end the following: ``(2) Penalties.--Notwithstanding any other provision of law, the Secretary shall establish appropriate and effective penalties for failure to comply with any provision of this Act or any regulation issued under this Act.''. (2) Interest.--Section 224(i) of the Reclamation Reform Act of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last sentence and inserting the following: ``The interest rate applicable to underpayments shall be equal to the rate applicable to expenditures under section 202(3)(C).''. (g) Reporting.--Section 228 of the Reclamation Reform Act of 1982 (43 U.S.C. 390zz) is amended by inserting ``operator or'' before ``contracting entity'' each place it appears. (h) Memorandum of Understanding.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) is amended-- (1) by redesignating sections 229 and 230 as sections 230 and 231; and (2) by inserting after section 228 the following: ``SEC. 229. MEMORANDUM OF UNDERSTANDING. ``The Secretary, the Secretary of the Treasury, and the Secretary of Agriculture shall enter into a memorandum of understanding or other appropriate instrument to permit the Secretary, notwithstanding section 6103 of the Internal Revenue Code of 1986, to have access to and use of available information collected or maintained by the Department of the Treasury and the Department of Agriculture that would aid enforcement of the ownership and pricing limitations of Federal reclamation law.''.

Summary: Irrigation Subsidy Reduction Act of 1996 - Amends the Reclamation Reform Act of 1982 to define the terms "legal entity," "operator," and "single farm operation." Directs the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator. Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year; or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount. Provides an inflation adjustment for calendar years after 1997. Requires lessees (currently, only owners and operators) of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost. Repeals a provision exempting district lands held in trust from Federal reclamation ownership and cost pricing limitations. Directs the Secretary to establish penalties for failure to comply with provisions of the Act. Directs the Secretaries of the Interior, the Treasury, and Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Disclosure Act of 2005''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL AND AMBULATORY SURGICAL CENTER DATA. (a) Requirement.-- (1) Hospitals.--Subsection (a)(1) of section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (A) in subparagraph (U), by striking ``and'' at the end; (B) in subparagraph (V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (V) the following new subparagraph: ``(W) in the case of a hospital, to report to the Secretary data in accordance with subsection (k)(1) and to post notice regarding such data in accordance with subsection (k)(2)(B).''. (2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by inserting after ``other standards'' the following: ``, including the reporting to the Secretary of data in accordance with section 1866(k)(1) and the posting of notice regarding such data in accordance with section 1866(k)(2)(B)''. (b) Data Reporting by Hospitals and Ambulatory Surgical Centers for Certain Inpatient and Outpatient Procedures and Inpatient Drugs.-- Section 1866 of such Act (42 U.S.C. 1395cc) is further amended by adding at the end the following new subsection: ``(k) Data Reporting by Hospitals and Ambulatory Surgical Centers and Public Posting.-- ``(1) Quarterly reporting requirement.--Not later than 45 days after the end of each calendar quarter (beginning more than one year after the date of the enactment of this subsection), a hospital shall report to the Secretary, for each procedure or drug selected under paragraph (3), and an ambulatory surgical center shall report to the Secretary, for each procedure selected under paragraph (3)(A)(ii), the following data: ``(A) The frequency with which the hospital performed the procedure, or administered the drug in an inpatient setting, or the center performed the procedure during such quarter. ``(B) If the procedure was performed or the drug was so administered during such quarter, the average and the median of the price charged by the hospital or center for such procedure or drug during such quarter. ``(2) Public availability of data.-- ``(A) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under paragraph (1). Such data shall be set forth in a manner that promotes price comparison among hospitals and ambulatory surgical centers. ``(B) Notice of availability.--A hospital and ambulatory surgical center shall prominently post at each admission site of the hospital or center a notice of the availability of the data reported under paragraph (1) on the official public Internet site under subparagraph (A). ``(3) Selection of procedures and drugs.-- ``(A) Initial selection.--Based on national data, the Secretary shall select the following: ``(i) The 25 most frequently performed hospital inpatient procedures. ``(ii) The 25 most frequently performed hospital outpatient procedures. ``(iii) The 50 most frequently administered drugs in a hospital inpatient setting. ``(B) Updating selection.--The Secretary shall periodically update the procedures and drugs selected under subparagraph (A). ``(4) Civil money penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of the provisions of paragraph (1) or (2)(B) by a hospital or ambulatory surgical center. A civil money penalty under this paragraph shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A is imposed and collected under that section. ``(5) Administrative provisions.-- ``(A) Classification of procedures.--For purposes of this subsection, the Secretary shall establish rules for the classification of different procedures and for the assignment of items and services to those procedures. ``(B) Computation of average and median prices.-- For purposes of paragraph (1), the computation of an average and median price for a procedure or drug shall be in accordance with a methodology prescribed by the Secretary. Such methodology may provide for reporting by the hospital or ambulatory surgical center of unit prices for specific items and services included in a procedure, including appropriate per diem prices, and a method of converting such unit prices for a procedure to an average and median price for such procedure. ``(C) Form of report and notice.--The Secretary shall specify the electronic form and manner by which a hospital or ambulatory surgical center shall report data under paragraph (1) and the form for posting of notices under paragraph (2)(B). ``(6) Non-preemption of state laws.--Nothing in this subsection shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of price or other information for a hospital or ambulatory surgical center. ``(7) Drug defined.--For purposes of this subsection, the term `drug' includes a biological and a non-prescription drug, such as an ointment. ''.

Summary: Hospital Price Disclosure Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.


SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009''. (b) Purpose.--It is the purpose of this Act to preserve access to home health services for all Americans, regardless of their ability to pay or their severity of illness. SEC. 2. FINDINGS. The Congress finds the following: (1) The Medicare home health benefit is vulnerable to agency selection of the most profitable beneficiaries and avoidance of the most complex and costly beneficiaries. (2) Such ``cherry picking'' by some home health agencies compromises access to care for the most complex, highest risk beneficiaries. (3) The Government Accountability Office has reported that hospital discharge planners have difficulty placing more than 10 percent of eligible patients in home health due to their extensive care needs. (4) Proposals to reduce Medicare payments to home health agencies (in response to large aggregate margins across all home health agencies) may undermine the financial viability of mission-driven and non-profit home health agencies, which often have low to negative margins, while allowing high-margin agencies to remain in operation. SEC. 3. SUPPLEMENTAL PAYMENTS FOR PEACH AGENCIES. (a) In General.--There shall be established a fund (to be known as the ``PEACH fund'') from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII of the Social Security Act. Is this to be a trust fund? Where is this fund to be established? Who adminsters it? What are the sources of funding that goes into the fund? What are the allowed uses of such funding? (b) Peach Program.--Title XVIII of the Social Security Act is amended by inserting after section 1895 the following new section: ``supplemental payments for peach agencies ``Sec. 1895A. (a) Designation.-- ``(1) In general.--The Secretary shall designate as a `PEACH agency' any home health agency that meets the criteria under paragraph (2). ``(2) Criteria.--The Secretary may not designate a home health agency as a PEACH agency unless the home health agency meets the following criteria: ``(A) The home health agency is certified for participation under this title. ``(B) The home health agency offers-- ``(i) the complete range of home health services as defined under section 1861(m) of this title; ``(ii) the complete range of home health services on a 24 hours per day, 7 days per week on-call basis; and ``(iii) its services to all eligible beneficiaries or enrollees under this title and/or title XIX, and uninsured individuals up to its service capacity, regardless of their ability to pay or the complexity or intensity of care they require. ``(C) The home health agency provides charity care in an amount greater than or equal to 1 percent of its total revenue. ``(D) The home health agency agrees that the Secretary may, by statistical or other means, verify on an annual basis that the agency meets the criteria defined in this paragraph, and that the agency will be subject to disqualification from the PEACH program if such criteria are not met. ``(b) Supplemental Payments.-- ``(1) In general.--Subject to the availability of funds under subsection (c), the Secretary shall make supplemental payments to PEACH agencies based on information submitted by the agency on an additional schedule in the Medicare cost report. ``(2) Cost reporting.--The Secretary shall implement an additional schedule, as a component of the cost reporting process, on which home health agencies may report information the Secretary deems necessary for designation and payment as a PEACH agency. ``(3) Amount and timing for first year as peach agency.-- ``(A) The supplemental payment made to a home health agency for the first year in which such agency is designated a PEACH agency under this section shall be equal to its shortfall in that year, defined as the sum of-- ``(i) the aggregate reasonable cost of home health services delivered under parts A and B of this title by the PEACH agency for such year, less the aggregate payments received by the PEACH agency pursuant to section 1895; ``(ii) the aggregate actual costs of home health and home and community based services delivered by the agency under sections 1905(a)(7), 1905(a)(22), and 1915(c) through (e) of title XIX for such year, less the aggregate payments received by the PEACH agency for such services under that title; and ``(iii) the aggregate cost of uncompensated home health services delivered by the PEACH agency for such year. ``(B) The supplemental payment under subparagraph (A) shall be paid within 90 days of receipt of the annual cost report by the Secretary. ``(4) Amount and timing for subsequent years.--For each year after the first year in which a home health agency is designated a PEACH agency, a PEACH agency shall receive interim supplemental payments based on-- ``(A) the intervals at which the agency submits cost reports; and ``(B) the estimated shortfall, as defined in subparagraph (3)(A), for the year or interval in question. ``(c) Funding.--Supplemental payments under this section shall be-- ``(1) paid from the PEACH fund, which shall be capped at $500,000,000 annually and shall be administered by the Secretary; and ``(2) paid to PEACH agencies-- ``(A) pursuant to subsection (b); or ``(B) if the PEACH fund is insufficient to cover all the supplemental payments that should be paid under subsection (b), in proportion to each agency's shortfall relative to the aggregate shortfall of all PEACH agencies for the year in question. In any year in which the Secretary determines that the PEACH fund will not cover the aggregate estimated shortfall of all PEACH agencies, the Secretary shall make a preliminary supplemental payment to each PEACH agency within 90 days of receipt of its annual cost report and, if funds remain, an additional supplemental payment after all PEACH agency cost reports have been received. ``(d) Definitions.--For purposes of this section-- ``(1) the term `charity care' means home health services that are provided to an individual who is-- ``(A) not eligible for payment under this title, under title XIX, or by any other third-party payer; and ``(B) unable to pay any portion of the full cost of care, including any amount subsidized or otherwise discounted due to an individual's inability to pay; and ``(2) the term `uncompensated care' means home health services provided to an individual by a home health agency with the knowledge that the individual will be financially unable to pay for the services.''. (c) Conforming Amendment.--Section 1895(a) of the Social Security Act is amended by inserting before the period at the end the following: ``and the provisions of section 1895A''. SEC. 4. REGULATIONS. The Secretary shall issue such regulations as are necessary and appropriate for the implementation of the provisions of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized for appropriation $500,000,000 for each fiscal year beginning with fiscal year 2010 for purposes of carrying out the purposes of this Act. Is there anything this funds other than the PEACH fund? Should this go into the provision creating that fund?

Summary: Preserving Equitable Access to Community-based Home Health (PEACH) Act of 2009 - Establishes the PEACH fund from which home health agencies meeting specified criteria shall be paid supplemental amounts in addition to their statutory payment amounts under title XVIII (Medicare) of the Social Security Act (SSA). Amends SSA title XVIII to direct the Secretary of Health and Human Services (HHS) to make supplemental payments to certain community-based home health agencies that the Secretary has designated as PEACH agencies for estimated shortfalls due to providing uncompensated care.