SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Protection From Tobacco Addiction Act of 1996''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Cigarette smoking and tobacco use account for approximately 450,000 deaths each year in the United States. (2) Cigarette smoking accounts for approximately $65,000,000,000 each year in lost productivity and health care costs. (3) Tobacco products are as addictive as cocaine and heroin. (4) Each day in the United States, approximately 3,000 children try their first cigarette, many of whom will become addicted and will die prematurely. (5) The tobacco industry spends over $6,000,000,000 each year to promote and advertise its products using images of sexual attraction, sophistication, athletic abilities, and good health. (6) The present advertising and promotional themes used by the tobacco industry strongly influence youth tobacco use and it is in the Government's interests to prohibit tobacco advertising and promotion to discourage the use of tobacco by the Nation's youth. (7) In spite of the well established and well known dangers of tobacco products, the tobacco industry has for years denied that their products cause disease or are addictive. (8) Of adult smokers, 82 percent smoked their first cigarette before the age of 18. Of young people who become regular smokers, 70 percent regret their decision to smoke. (9) Voluntary agreements with the tobacco industry, which have been attempted for more than 30 years, have been shown to be ineffective. SEC. 3. LIMITATIONS ON TOBACCO ADVERTISING, PROMOTION, AND PACKAGING. (a) Advertising.--It shall be unlawful for any manufacturer, packer, distributor, importer, or seller of tobacco products in or affecting commerce to advertise or cause to be advertised any tobacco product. (b) Promotion.--It shall be unlawful to-- (1) distribute any tobacco product as a free sample or to make any tobacco product available at no cost as the result of coupons or other method which allows tobacco products to be obtained for free or for reduced cost; (2) sponsor or cause to be sponsored any athletic, music, artistic, or other event in the name of a registered brand name, logo, or symbol of a tobacco product or in a manner so that a registered brand name, logo, or symbol of a tobacco product is publicly identified as a sponsor of or in any way associated with such an event, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; (3) market or cause to be marketed nontobacco products or services which bear the name of a registered brand name, logo, symbol of a tobacco product, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; (4) pay or cause to be paid to have any tobacco product or the registered brand name, logo, or symbol of any tobacco product appear in any movie, television show, play, video arcade game, or other form of entertainment, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996; and (5) pay or cause to be paid to have the registered brand name, logo, or symbol of any tobacco product appear on any toy commonly used by persons under the age of 18, or on any vehicle, boat, or other equipment used in sports, or on a sports stadium or other sports facility or any other facility where sporting activity is regularly performed, except if the registered brand name is also the name of the corporation which manufactures the tobacco product and both the registered brand and the corporation were in existence prior to January 1, 1996. (c) Tobacco Product Packages.--It shall be unlawful for any person to manufacture, package, distribute, or import for sale or distribution within the United States any tobacco product the package of which fails to comply with the following requirements: (1) No human figure or facsimile thereof, no brand name logo or symbol, and no picture shall be used in or as part of any tobacco product package. (2) The print on any tobacco product package shall be black on a white background. SEC. 4. ENFORCEMENT. (a) Injunction.--The district courts of the United States shall have jurisdiction over civil actions brought to restrain violations of section 3. Such a civil action may be brought in the United States district court for the judicial district in which the violation occurred or in which the defendant is found or transacts business. In such a civil action process may be served on a defendant in any judicial district in which the defendant resides or may be found and subpoenas requiring attendance of witnesses in any such action may be served in any judicial district. (b) Misbranding.--Any tobacco product which is advertised, promoted, or packaged in violation of section 3 shall be considered a misbranded drug under the Federal Food, Drug, and Cosmetic Act. SEC. 5. DEFINITIONS. As used in section 3: (1) The term ``tobacco product'' means-- (A) cigarettes and little cigars as defined in section 3 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332), (B) cigars as defined in section 5702 of the Internal Revenue Code of 1954, (C) pipe tobacco and loose rolling tobacco, (D) smokeless tobacco as defined in section 9(1) of the Comprehensive Smokeless Tobacco Health Education Act of 1986, and (E) any other form of tobacco intended for human consumption. (2) The term ``advertisement'' means-- (A) all newspapers and magazine advertisements and advertising inserts, billboards, posters, signs, decals, banners, matchbook advertising, point-of- purchase display material (except price information), and all other written or other material used for promoting the sale or consumption of tobacco products to consumers, (B) advertising promotion allowances, and (C) any other means used to promote the purchase of tobacco products. SEC. 6. AUTHORITY OF THE FEDERAL TRADE COMMISSION. Nothing in this Act shall be construed to limit or restrict the existing authority of the Federal Trade Commission with respect to tobacco products or promotion. SEC. 7. AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION. Nothing in this Act shall be construed to limit or restrict the existing or future authority of the Food and Drug Administration with respect to tobacco products or promotion. SEC. 8. PREEMPTION. Nothing in this Act or section 5 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1332 et seq.) shall prevent any State or local government from regulating-- (1) the location of any advertising for tobacco products which is displayed within the geographic area governed by the applicable State or local government, such as advertising on billboards and on transit vehicles, and (2) the sale, distribution, or promotion of tobacco products within the geographic area governed by the applicable State or local government, so long as such actions are consistent with and no less restrictive than requirements of this Act and the Federal Cigarette Labeling and Advertising Act. SEC. 9. CONSTRUCTION. Nothing in this Act shall supersede, repeal, or modify any requirement of the Federal Cigarette Labeling and Advertising Act, as amended (15 U.S.C. 1332 et seq.) and the Comprehensive Smokeless Tobacco Health Education Act of 1986. SEC. 10. EFFECTIVE DATE. This Act shall take effect 1 year from the date of enactment, except as follows: (1) Advertising on billboards which violates section 3 shall be prohibited effective 2 years after the date of enactment. (2) The prohibition of sponsorship of any athletic, music, artistic, or other event in the name of a registered brand name, logo, or symbol of a tobacco product or in a manner so that a registered brand name, logo, or symbol of a tobacco product is publicly identified as a sponsor of or in any way associated with such an event shall apply-- (A) in the case of events subject to contracts which were entered into before the enactment of the Act, 3 years after such date or after the termination of the contract, whichever occurs first; and (B) in the case of events subject to contracts and contract renewals entered into on or after the date of enactment of this Act, on such date.

Summary: Youth Protection From Tobacco Addiction Act of 1996 - Places specified limitations on tobacco advertising, promotion, and packaging.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Management Improvement Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Much effort has been devoted to strengthening Federal internal accounting controls in the past. Although progress has been made in recent years, Federal accounting standards have not been uniformly implemented in financial management systems for agencies. (2) Federal financial management continues to be seriously deficient, and Federal financial management and fiscal practices have failed to-- (A) identify costs fully; (B) reflect the total liabilities of congressional actions; and (C) accurately report the financial condition of the Federal Government. (3) Current Federal accounting practices do not accurately report financial results of the Federal Government or the full costs of programs and activities. The continued use of these practices undermines the Government's ability to provide credible and reliable financial data and encourages already widespread Government waste, and will not assist in achieving a balanced budget. (4) Waste and inefficiency in the Federal Government undermine the confidence of the American people in the Government and reduce the Federal Government's ability to address vital public needs adequately. (5) To rebuild the accountability and credibility of the Federal Government, and restore public confidence in the Federal Government, agencies must incorporate accounting standards and reporting objectives established for the Federal Government into their financial management systems so that all the assets and liabilities, revenues, and expenditures or expenses, and the full costs of programs and activities of the Federal Government can be consistently and accurately recorded, monitored, and uniformly reported throughout the Federal Government. (6) Since its establishment in October 1990, the Federal Accounting Standards Advisory Board (hereinafter referred to as the ``FASAB'') has made substantial progress toward developing and recommending a comprehensive set of accounting concepts and standards for the Federal Government. When the accounting concepts and standards developed by FASAB are incorporated into Federal financial management systems, agencies will be able to provide cost and financial information that will assist the Congress and financial managers to evaluate the cost and performance of Federal programs and activities, and will therefore provide important information that has been lacking, but is needed for improved decisionmaking by financial managers and the Congress. (7) The development of financial management systems with the capacity to support these standards and concepts will, over the long term, improve Federal financial management. (b) Purposes.--The purposes of this Act are to-- (1) provide for consistency of accounting by an agency from one fiscal year to the next, and uniform accounting standards throughout the Federal Government; (2) require Federal financial management systems to support full disclosure of Federal financial data, including the full costs of Federal programs and activities, to the citizens, the Congress, the President, and agency management, so that programs and activities can be considered based on their full costs and merits; (3) increase the accountability and credibility of Federal financial management; (4) improve performance, productivity and efficiency of Federal Government financial management; (5) establish financial management systems to support controlling the cost of Federal Government; (6) build upon and complement the Chief Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2838), the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285), and the Government Management Reform Act of 1994 (Public Law 103-356; 108 Stat. 3410); and (7) increase the capability of agencies to monitor execution of the budget by more readily permitting reports that compare spending of resources to results of activities. SEC. 3. IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT IMPROVEMENTS. (a) In General.--Each agency shall implement and maintain financial management systems that comply with Federal financial management systems requirements, applicable Federal accounting standards, and the United States Government Standard General Ledger at the transaction level. (b) Priority.--Each agency shall give priority in funding and provide sufficient resources to implement this Act. (c) Audit Compliance Finding.-- (1) In general.--Each audit required by section 3521(e) of title 31, United States Code, shall report whether the agency financial management systems comply with the requirements of subsection (a). (2) Content of reports.--When the person performing the audit required by section 3521(e) of title 31, United States Code, reports that the agency financial management systems do not comply with the requirements of subsection (a), the person performing the audit shall include in the report on the audit-- (A) the name and position of any officer or employee responsible for the financial management systems that have been found not to comply with the requirements of subsection (a); (B) all facts pertaining to the failure to comply with the requirements of subsection (a), including-- (i) the nature and extent of the noncompliance; (ii) the primary reason or cause of the noncompliance; (iii) any official responsible for the noncompliance; and (iv) any relevant comments from any responsible officer or employee; and (C) a statement with respect to the recommended remedial actions and the timeframes to implement such actions. (d) Compliance Determination.-- (1) In general.--No later than the date described under paragraph (2), the Director, acting through the Controller of the Office of Federal Financial Management, shall determine whether the financial management systems of an agency comply with the requirements of subsection (a). Such determination shall be based on-- (A) a review of the report on the applicable agency-wide audited financial statement; (B) the agency comments on such report; and (C) any other information the Director considers relevant and appropriate. (2) Date of determination.--The determination under paragraph (1) shall be made no later than 90 days after the earlier of-- (A) the date of the receipt of an agency-wide audited financial statement; or (B) the last day of the fiscal year following the year covered by such statement. (e) Compliance Implementation.-- (1) In general.--If the Director determines that the financial management systems of an agency do not comply with the requirements of subsection (a), the head of the agency, in consultation with the Director, shall establish a remediation plan that shall include the resources, remedies, and intermediate target dates necessary to bring the agency's financial management systems into compliance. (2) Time period for compliance.--A remediation plan shall bring the agency's financial management systems into compliance no later than 2 years after the date on which the Director makes a determination under paragraph (1), unless the agency, with concurrence of the Director-- (A) determines that the agency's financial management systems are so deficient as to preclude compliance with the requirements of subsection (a) within 2 years; (B) specifies the most feasible date for bringing the agency's financial management systems into compliance with the requirements of subsection (a); and (C) designates an official of the agency who shall be responsible for bringing the agency's financial management systems into compliance with the requirements of subsection (a) by the date specified under subparagraph (B). (3) Transfer of funds for certain improvements.--For an agency that has established a remediation plan under paragraph (2), the head of the agency, to the extent provided in an appropriation and with the concurrence of the Director, may transfer not to exceed 2 percent of available agency appropriations to be merged with and to be available for the same period of time as the appropriation or fund to which transferred, for priority financial management system improvements. Such authority shall be used only for priority financial management system improvements as identified by the head of the agency, with the concurrence of the Director, and in no case for an item for which Congress has denied funds. The head of the agency shall notify Congress 30 days before such a transfer is made pursuant to such authority. (4) Report if noncompliance within time period.--If an agency fails to bring its financial management systems into compliance within the time period specified under paragraph (2), the Director shall submit a report of such failure to the Committees on Governmental Affairs and Appropriations of the Senate and the Committees on Government Reform and Oversight and Appropriations of the House of Representatives. The report shall include-- (A) the name and position of any officer or employee responsible for the financial management systems that have been found not to comply with the requirements of subsection (a); (B) the facts pertaining to the failure to comply with the requirements of subsection (a), including the nature and extent of the noncompliance, the primary reason or cause for the failure to comply, and any extenuating circumstances; (C) a statement of the remedial actions needed; and (D) a statement of any administrative action to be taken with respect to any responsible officer or employee. (f) Personal Responsibility.--Any financial officer or program manager who knowingly and willfully commits, permits, or authorizes material deviation from the requirements of subsection (a) may be subject to administrative disciplinary action, suspension from duty, or removal from office. SEC. 4. APPLICATION TO CONGRESS AND THE JUDICIAL BRANCH. (a) In General.--The Federal financial management requirements of this Act may be adopted by-- (1) the Senate by resolution as an exercise of the rulemaking power of the Senate; (2) the House of Representatives by resolution as an exercise of the rulemaking power of the House of Representatives; or (3) the Judicial Conference of the United States by regulation for the judicial branch. (b) Study and Report.--No later than October 1, 1997-- (1) the Secretary of the Senate and the Clerk of the House of Representatives shall jointly conduct a study and submit a report to Congress on how the offices and committees of the Senate and the House of Representatives, and all offices and agencies of the legislative branch may achieve compliance with financial management and accounting standards in a manner comparable to the requirements of this Act; and (2) the Chief Justice of the United States shall conduct a study and submit a report to Congress on how the judiciary may achieve compliance with financial management and accounting standards in a manner comparable to the requirements of this Act. SEC. 5. REPORTING REQUIREMENTS. (a) Reports by Director.--No later than March 31 of each year, the Director shall submit a report to the Congress regarding implementation of this Act. The Director may include the report in the financial management status report and the 5-year financial management plan submitted under section 3512(a)(1) of title 31, United States Code. (b) Reports by the Comptroller General.--No later than October 1, 1997, and October 1, of each year thereafter, the Comptroller General of the United States shall report to the appropriate committees of the Congress concerning-- (1) compliance with the requirements of section 3(a) of this Act, including whether the financial statements of the Federal Government have been prepared in accordance with applicable accounting standards; and (2) the adequacy of uniform accounting standards for the Federal Government. SEC. 6. CONFORMING AMENDMENTS. (a) Audits by Agencies.--Section 3521(f)(1) of title 31, United States Code, is amended in the first sentence by inserting ``and the Controller of the Office of Federal Financial Management'' before the period. (b) Financial Management Status Report.--Section 3512(a)(2) of title 31, United States Code, is amended by-- (1) in subparagraph (D) by striking ``and'' after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) a listing of agencies whose financial management systems do not comply substantially with the requirements of the Federal Financial Management Improvement Act of 1996, the period of time that such agencies have not been in compliance, and a summary statement of the efforts underway to remedy the noncompliance; and''. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' means a department or agency of the United States Government as defined in section 901(b) of title 31, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Federal accounting standards.--The term ``Federal accounting standards'' means applicable accounting principles, standards, and requirements consistent with section 902(a)(3)(A) of title 31, United States Code, and includes concept statements with respect to the objectives of Federal financial reporting. (4) Financial management systems.--The term ``financial management systems'' includes the financial systems and the financial portions of mixed systems necessary to support financial management, including automated and manual processes, procedures, controls, data, hardware, software, and support personnel dedicated to the operation and maintenance of system functions. (5) Financial system.--The term ``financial system'' includes an information system, comprised of one or more applications, that is used for-- (A) collecting, processing, maintaining, transmitting, or reporting data about financial events; (B) supporting financial planning or budgeting activities; (C) accumulating and reporting costs information; or (D) supporting the preparation of financial statements. (6) Mixed system.--The term ``mixed system'' means an information system that supports both financial and nonfinancial functions of the Federal Government or components thereof. SEC. 8. EFFECTIVE DATE. This Act shall take effect on October 1, 1996. Passed the Senate August 2, 1996. Attest: KELLY D. JOHNSTON, Secretary.

Summary: Federal Financial Management Improvement Act of 1996 - Requires each Federal agency to: (1) implement and maintain financial management systems that comply with Federal requirements, Federal accounting standards, and the U.S. Government Standard General Ledger at the transaction level; and (2) give priority in funding and provide sufficient resources to implement this Act. Requires: (1) audit reporting of whether an agency's financial management systems comply with requirements; (2) compliance determination by the Director of the Office of Management and Budget (OMB), acting through the Controller of the Office of Federal Financial Management; and (3) if there is noncompliance with the standards, a remediation plan. Sets forth a limitation on the time period for bringing the agency's financial management systems into compliance. Allows the transfer of up to two percent of agency funds for priority financial management system improvements for an agency with a remediation plan. Requires a report by the Director of OMB if an agency fails to bring its financial management systems into compliance within the specified time period. Directs the: (1) Secretary of the Senate and the Clerk of the House, jointly, to study and submit a report to the Congress on how the Congress and the legislative branch may achieve compliance; and (2) Chief Justice of the United States to study and submit a report to the Congress on how the judiciary may achieve such compliance. Sets forth: (1) reporting requirements; (2) conforming amendments; (3) definitions; and (4) the effective date.


SECTION 1. SHORT TITLE. This Act may be cited as the ``American Health Security Partnership Act of 1995.'' SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) 40 million Americans do not have health insurance coverage. (2) Cost shifting among payers and providers contributes to the increasing cost of health care in the United States. (3) The only means of ending this cost shifting is to ensure that each individual in the United States has health insurance coverage. (b) Purpose.--It is the purpose of this Act to provide assistance to each State to enable the State to ensure, in the manner the State itself considers most appropriate, that each individual has health insurance coverage at least equivalent to the coverage provided to employees of the Federal Government. SEC. 3. STATE DEFINED. In this Act, the term ``State'' means each of the 50 States and the District of Columbia. TITLE I--FEDERAL PAYMENTS TO STATES SEC. 101. PAYMENTS TO STATES WITH CERTIFIED PLANS. For purposes of assisting States in carrying out plans approved under title II, the Secretary of Health and Human Services (hereafter in this Act referred to as the ``Secretary'') shall make payments to States with comprehensive health insurance plans certified under title II for a fiscal year in an amount determined under section 102. SEC. 102. AMOUNT OF STATE PAYMENT. The amount of payment made to a State for a fiscal year under section 101 shall be equal to the State's allocation of the total amount available for payments under this title for the fiscal year under section 103, as determined in accordance with the following formula: (1) 50 percent of the total amount available shall be allocated among the States on the basis of the ratio of the population of each State to the population of all States. (2) 50 percent of the total amount available shall be allocated among the States in amounts determined in accordance with the representative revenue system established by the Advisory Commission on Intergovernmental Relations. SEC. 103. TOTAL AMOUNT AVAILABLE FOR PAYMENTS. The total amount available for payments to States for a fiscal year under this title is equal to the following: (1) For fiscal year 1998, $1,000,000,000. (2) For fiscal year 1999, $2,000,000,000. (3) For fiscal year 2000, $28,000,000,000. (4) For fiscal year 2001, $29,000,000,000. (5) For fiscal year 2002, $30,000,000,000. (6) For fiscal year 2003, $31,000,000,000. TITLE II--REQUIREMENTS FOR COMPREHENSIVE HEALTH PLANS SEC. 201. IMPLEMENTATION OF CERTIFIED HEALTH INSURANCE PLANS BY STATES. (a) In General.--Not later than July 1, 1999, each State shall submit to the Secretary a comprehensive health insurance plan designed to be administered by the State and containing the provisions required under this title, and shall have such plan in place and operating not later than January 1, 2000. (b) Certification of Plans by Secretary.--The Secretary shall certify for a fiscal year those State plans developed and implemented under this title which meet the applicable requirements of this title for the fiscal year. SEC. 202. REQUIRED PROVISIONS OF HEALTH INSURANCE PLAN. Each State shall have maximum flexibility in developing and implementing its comprehensive health insurance plan under this title, except that the plan shall include at least the following provisions: (1) Coverage.--Health insurance coverage meeting the requirements of this title for all individuals in the State without regard to employment status, income, or pre-existing condition or other health status. (2) Portability and guaranteed renewal.--A prohibition against the denial, cancellation, or refusal to renew the coverage of an individual or employer except-- (A) on the basis of nonpayment of premiums, (B) on the basis of fraud or misrepresentation, or (C) because the plan is ceasing to provide any coverage in a geographic area. (3) Benefits.-- (A) Comparable to fehbp.--Coverage comparable to the coverage available to employees of the Federal Government under the Federal Employees Health Benefits Program (FEHBP) (as determined by the Secretary). Coverage under title XVIII of the Social Security Act or coverage under a State plan under title XIX of such Act shall be deemed to meet the requirement of the previous sentence. (B) Availability of home- and community-based care.--The offering of home- and community-based care as an alternative to institutional care if medically appropriate. (4) Community rating of premiums.--A requirement that the premium charged shall be equivalent for all individuals within any community, except that the premium may vary with respect to an individual on the basis of the individual's age or the number of members of the individual's family covered. (5) State supplemental premium payments.--The payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates. (6) Quality of care.--The creation of adequate mechanisms designed to assure, monitor, and maintain the provision of high quality health care to individuals in the State. (7) Cost containment.--The creation of adequate mechanisms designed to control premiums and the costs of providing high quality health care to individuals in the State. SEC. 203. WAIVER OF ERISA LIMITATION ON STATE REGULATION OF SELF- INSURED PLANS. Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following paragraph: ``(9) Subsection (a) shall not apply to any State law to the extent such law conforms to or reflects the provisions of a comprehensive health insurance plan developed and implemented by the State and certified by the Secretary of Health and Human Services under title II of the American Health Security Partnership Act of 1995.''. SEC. 204. REQUIRING OPERATION OF CERTIFIED PLAN TO RECEIVE MEDICAID PAYMENTS. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(x)(1) In order to receive payments under this title for any quarter beginning on or after January 1, 2000, a State must have in effect a comprehensive health insurance plan certified for the fiscal year in which the quarter occurs by the Secretary under section 201(b) of the American Health Security Partnership Act of 1995. ``(2)(A) The provisions of this subsection shall not apply to a State for any quarter-- ``(i) that follows the quarter during which the State meets the requirements of this subsection; or ``(ii) with respect to which the Secretary determines that the State is unable to comply with the relevant requirements of this subsection-- ``(I) for good cause (but such a waiver may not be for a period in excess of 4 quarters), or ``(II) due to circumstances beyond the control of such State. ``(B) For purposes of determining deadlines imposed under this subsection, any time period during which a State was found under subparagraph (A)(ii)(II) to be unable to comply with the requirements of this subsection shall not be taken into account, and the Secretary shall modify all such deadlines with respect to such State accordingly.''. SEC. 205. INCREASE IN MINIMUM COMMUNITY SPOUSE RESOURCE ALLOWANCE UNDER MEDICAID. (a) In General.--Section 1924(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1396r-5(f)(2)(A)(i)) is amended by striking ``$12,000'' and inserting ``$50,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to quarters beginning on or after October 1, 1995. TITLE III--FINANCING MECHANISMS SEC. 301. INCREASE IN TOP INCOME TAX RATE APPLICABLE TO CORPORATIONS. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended by striking ``35 percent'' each place it appears and inserting ``36 percent''. (b) Conforming Amendments.-- (1) The last sentence of section 11(b) of such Code is amended by striking ``$100,000'' and inserting ``$200,000''. (2) Clause (iii) of section 852(b)(3)(D) of such Code is amended by striking ``65 percent'' and inserting ``64 percent''. (3) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``36 percent''. (4) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``36 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 302. REVISION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE UNDER MEDICAID. Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended-- (1) in the first sentence, by striking ``83 per centum'' and inserting ``the applicable maximum percentage described in the second sentence''; and (2) by inserting after the first sentence the following new sentence: ``In the previous sentence, the `applicable maximum percentage' is 83 per centum for quarters occurring during fiscal years prior to fiscal year 1998 and 60 per centum for quarters occurring during fiscal year 1998 and each succeeding fiscal year.''. SEC. 303. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS. (a) Cigarettes.--Subsection (b) of section 5701 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$12 per thousand ($10 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (1) and inserting ``$49.50 per thousand'', and (2) by striking ``$25.20 per thousand ($21 per thousand on cigarettes removed during 1991 or 1992)'' in paragraph (2) and inserting ``$103.95 per thousand''. (b) Cigars.--Subsection (a) of section 5701 of such Code is amended-- (1) by striking ``$1.125 cents per thousand (93.75 cents per thousand on cigars removed during 1991 or 1992)'' in paragraph (1) and inserting ``$38.62\1/2\ per thousand'', and (2) by striking ``equal to'' and all that follows in paragraph (2) and inserting ``equal to 52.594 percent of the price for which sold but not more than $123.75 per thousand.''. (c) Cigarette Papers.--Subsection (c) of section 5701 of such Code is amended by striking ``0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)'' and inserting ``3.09 cents''. (d) Cigarette Tubes.--Subsection (d) of section 5701 of such Code is amended by striking ``1.5 cents (1.25 cents on cigarette tubes removed during 1991 or 1992)'' and inserting ``6.19 cents''. (e) Smokeless Tobacco.--Subsection (e) of section 5701 of such Code is amended-- (1) by striking ``36 cents (30 cents on snuff removed during 1991 or 1992)'' in paragraph (1) and inserting ``$12.86'', and (2) by striking ``12 cents (10 cents on chewing tobacco removed during 1991 or 1992)'' in paragraph (2) and inserting ``$12.62''. (f) Pipe Tobacco.--Subsection (f) of section 5701 of such Code is amended by striking ``67.5 cents (56.25 cents on pipe tobacco removed during 1991 or 1992)'' and inserting ``$13.17\1/2\''. (g) Effective Date.--The amendments made by this section shall apply to articles removed (as defined in section 5702(k) of the Internal Revenue Code of 1986) after December 31, 1996. TITLE IV--TAX DEDUCTIBILITY OF HEALTH INSURANCE SEC. 401. TAX DEDUCTIBILITY OF HEALTH INSURANCE. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to 80 percent (or 100 percent, in the case of an individual who is a self-employed individual within the meaning of section 401(c)) of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. ``(b) Limitation Based on Earned Income.--No deduction shall be allowed under subsection (a) to the extent that the amount of such deduction exceeds the sum of-- ``(1) the taxpayer's wages, salaries, tips, and other employee compensation includible in gross income, plus ``(2) the taxpayer's earned income (as defined in section 401(c)(2)). ``(c) Other Coverage.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. ``(d) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.'' (b) Conforming Amendments.-- (1) Subsection (l) of section 162 of such Code is hereby repealed. (2) Subsection (a) of section 62 of such Code is amended by inserting after paragraph (15) the following new item: ``(16) Health insurance costs.--The deduction allowed by section 220.'' (3) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 220. Health insurance costs. ``Sec. 221. Cross reference.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.

Summary: TABLE OF CONTENTS: Title I: Federal Payments to States Title II: Requirements for Comprehensive Health Plans Title III: Financing Mechanisms Title IV: Tax Deductibility of Health Insurance American Health Security Partnership Act of 1995 - Title I: Federal Payments to States - Mandates payments to States for comprehensive health insurance plans certified under title II of this Act. Title II: Requirements for Comprehensive Health Plans - Requires each State to submit (by July 1999) and operate (by 2000) a comprehensive health insurance plan designed to be administered by the State and having at least: (1) coverage for all individuals in the State; (2) benefits comparable to that available under the Federal Employees Health Benefits Program (deeming coverage under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to meet this requirement); (3) home- and community-based care when medically appropriate; (4) community premium rating; (5) payment by the State of supplemental amounts to ensure that all individuals may obtain coverage at reasonable rates; (6) quality control mechanisms; and (7) premium control and cost control mechanisms. (Sec. 203) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to exempt from ERISA State laws conforming to or reflecting a plan certified under this Act. (Sec. 204) Amends title XIX (Medicaid) of the Social Security Act to condition Medicaid payments to a State on the State having a certified plan in effect by the deadline. (Sec. 205) Modifies the method for determining the amount of the "community spouse resource allowance" for Medicaid provisions relating to transferring resources to a community spouse. Title III: Financing Mechanisms - Amends the Internal Revenue Code (IRC) to increase the highest corporate income tax rate. (Sec. 302) Amends Medicaid provisions to reduce the maximum Federal medical assistance percentage. (Sec. 303) Amends the IRC to increase the tax rate on tobacco and related products. Title IV: Tax Deductibility of Health Insurance - Allows a tax deduction for insurance that constitutes medical care.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flu Protection Act of 2005''. TITLE I--FLU VACCINE AWARENESS CAMPAIGN SEC. 101. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS. ``(a) Campaign.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Director'), shall conduct a public awareness campaign and education and outreach efforts each year during the time period preceding the influenza season on each of the following: ``(1) The importance of receiving the influenza vaccine. ``(2) Which populations the Director recommends to receive the influenza vaccine to prevent health complications associated with influenza, including health care workers and household contacts. ``(3) Professional medical education of physicians, nurses, pharmacists, and other health care providers and such providers' associated organizations. ``(4) Information that emphasizes the safety and benefit of recommended vaccines for the public good. ``(b) Outreach to Medicare Recipients.-- ``(1) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall, at the earliest possible time in the influenza vaccine planning and production process, reach out to providers of medicare services, including managed care providers, nursing homes, hospitals, and physician offices to urge early and full preordering of the influenza vaccine so that production levels can accommodate the needs for the influenza vaccine. ``(2) Rates of immunization among medicare recipients.--The Director shall work with the Administrator of the Centers for Medicare & Medicaid Services to publish the rates of influenza immunization among individuals receiving assistance under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``(c) State and Public Health Adult Immunization Activities.--The Director shall support the development of State adult immunization programs that place emphasis on improving influenza vaccine delivery to high-risk populations and the general population, including the exploration of improving access to the influenza vaccine. ``(d) Efficacy of Vaccine.--The Director shall work with appropriate agencies in conducting a study to assess the efficacy of the influenza vaccine. ``(e) Existing Modes of Communication.--In carrying out the public awareness campaign and education and outreach efforts under subsections (a) and (b), the Director may use existing websites or structures for communication. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2005 through 2009.''. TITLE II--ENCOURAGING VACCINE PRODUCTION CAPACITY SEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VACCINE MANUFACTURING FACILITIES. (a) Vaccine Manufacturing Facilities Investment Tax Credit.-- (1) Allowance of credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the vaccine manufacturing facilities investment credit.''. (2) Amount of credit.--Subpart E of part IV of subchapter A of chapter 1 of such Code (relating to rules for computing investment credit) is amended by inserting after section 48 the following new section: ``SEC. 48A. VACCINE MANUFACTURING FACILITIES CREDIT. ``(a) In General.--For purposes of section 46, the vaccine manufacturing facilities investment credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(b) Qualified Investment.-- ``(1) In general.--For purposes of subsection (a), the qualified investment for any taxable year is the basis of each vaccine manufacturing facilities property placed in service by the taxpayer during such taxable year. ``(2) Vaccine manufacturing facilities property.--For purposes of this section, the term `vaccine manufacturing facilities property' means real and tangible personal property-- ``(A)(i) the original use of which commences with the taxpayer, or ``(ii) which is acquired through purchase (as defined by section 179(d)(2)), ``(B) which is depreciable under section 167, ``(C) which is used for the manufacture, distribution, or research and development of vaccines, and ``(D) which is in compliance with any standards and regulations which are promulgated by the Food and Drug Administration, the Occupational Safety and Health Administration, or the Environmental Protection Agency and which are applicable to such property. ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules similar to rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(d) Termination.--This subsection shall not apply to any property placed in service after December 31, 2009.''. (b) Technical Amendments.-- (1) Clause (iii) of section 49(a)(1)(C) of such Code is amended to read as follows: ``(iii) the basis of any vaccine manufacturing facilities property.''. (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48A(c)'' before the period. (3) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48 the following: ``48A. Vaccine manufacturing facilities credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2004, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990). TITLE III--ENSURING SUFFICIENT FLU VACCINE SUPPLY SEC. 301. VACCINE SUPPLY. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Influenza Vaccine ``vaccine supply ``Sec. 2141. (a) Requests for More Doses.-- ``(1) In general.--Not later than March 15 of each year, the Secretary shall enter into contracts with manufacturers to produce such additional doses of the influenza vaccine as determined necessary by the Secretary. ``(2) Content of contract.--A contract for additional doses shall provide that the manufacturer will be compensated by the Secretary at an equitable rate negotiated by the Secretary and the manufacturer for any doses that-- ``(A) were not sold by the manufacturer through routine market mechanisms at the end of the influenza season for that year; and ``(B) were requested by the Secretary to be produced by such manufacturer. ``(3) When such vaccine purchases should take place.--The Secretary may purchase from the manufacturer the doses for which it has contracted at any time after which it is determined by the Secretary, in consultation with the manufacturer, that the doses will likely not be absorbed by the private market. ``(b) Contingency Plan.--The Secretary shall encourage States to develop a contingency plan, in coordination with the Department of Health and Human Services, for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the influenza vaccine. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''. TITLE IV--PREPARING FOR A PANDEMIC OR EPIDEMIC SEC. 401. PREPARATION FOR INFLUENZA PANDEMIC OR EPIDEMIC. Subtitle 3 of title XXI of the Public Health Service Act, as added by section 301, is amended by adding at the end the following: ``preparation for influenza pandemic or epidemic ``Sec. 2142. (a) Establishment of a Protocol.--The Secretary, acting through the Director of the National Vaccine Program (referred to in this section as the `Director of the Program'), shall continue progress on the pandemic preparedness plan and, in consultation with the Director of the Centers for Disease Control and Prevention, establish a protocol to attempt to prevent, prepare for, and respond to an influenza pandemic or epidemic. Such protocol shall be updated as determined appropriate by the Director of the Program. ``(b) Contents of Protocol.--The protocol established under subsection (a) shall-- ``(1) improve upon the current influenza vaccines and production and dissemination methods; and ``(2) address-- ``(A) methods to coordinate dissemination of the influenza vaccine to key populations in the event of an influenza pandemic or epidemic; ``(B) expansion of influenza vaccine manufacturing capacity (including making advance arrangements for ensuring the availability of raw materials) to respond to the needs of the United States during an influenza pandemic or epidemic; ``(C) alternative ways to manufacture or produce the influenza vaccine; ``(D) alternative methods to prevent the spread of, and complications associated with, influenza, including antiviral medications; ``(E) vaccine manufacturing capacity, production, and dissemination to improve preparedness for immediate pandemic threats, which may include avian influenza; ``(F) a tracking method for publicly and privately sold doses of the influenza vaccine to enable the Director of the Program to determine, after consultation with manufacturers of the influenza vaccine, how much supply is in circulation in the case of an influenza pandemic or epidemic; and ``(G) other issues determined by the Director of the Program to be appropriate. ``(c) Coordination; Preparation; Prevention.--In establishing the protocol under subsection (a), the Director of the Program shall-- ``(1) coordinate with health care providers, manufacturers, research institutions, health care organizations, and other expert stakeholders; ``(2) continue building international and national surveillance capacity; ``(3) continue to engage in epidemiological studies and research on novel influenza viruses; and ``(4) assist States with preparedness activities for a rapid State and local response to an influenza pandemic, including exploring methods of making the influenza vaccine more accessible to the general population. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2005 through 2009.''.

Summary: Flu Protection Act of 2005 - Amends the Public Health Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, annually, a public influenza awareness campaign and education and outreach efforts preceding the flu season. Requires the Administrator of the Centers for Medicare & Medicaid Services to urge early and full preordering of the influenza vaccine by Medicare providers. Requires the Director to: (1) work with the Administrator to publish influenza immunization rates among Medicare recipients; (2) support the development of State adult immunization programs that emphasize improving influenza vaccine delivery to high-risk populations and the general population; and (3) work with appropriate agencies to assess the efficacy of the influenza vaccine. Amends the Internal Revenue Code to establish a vaccine manufacturing facilities investment tax credit (20 percent of qualifying property per year) for property placed in service by December 31, 2009. Requires the Secretary to: (1) enter into contracts with manufacturers to produce additional necessary doses of the influenza vaccine; and (2) encourage States to develop a contingency plan for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the vaccine. Requires the Secretary, acting through the Director of the National Vaccine Program, to establish a protocol to prevent, prepare for, and respond to an influenza pandemic or epidemic.


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Opal Creek Forest Preserve Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Opal Creek Forest Preserve. Sec. 5. Administration of the Preserve. Sec. 6. Prohibitions regarding the management of the Preserve. Sec. 7. Access to and acquisition of non-Federal land. Sec. 8. Authority of the Secretary and responsible parties to conduct environmental response actions or pursue liability. Sec. 9. Grandfather clause. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Old-growth forests are unique ecosystems that serve as critical habitat for hundreds of vertebrate and invertebrate animals, plants, and fungi. (2) Old-growth forests provide clean and plentiful water and support streams and rivers containing runs of anadromous and resident cold water fish, which are wholly dependent on high quantity and quality water for migration, spawning, rearing, and cover. (3) The high quantity and quality of water in streams and rivers in old-growth forests can only be maintained by protecting the watersheds of these streams and rivers. (4) Old-growth forests provide unique and outstanding opportunities for educational study, scientific research, and recreation. (5) The establishment of a watershed and forest preserve to protect areas of old-growth forests and surface waters can contribute significantly to the quality of life for the residents of the State of Oregon through education, recreation, and a protected water supply. (6) The area known as the Opal Creek Forest, located on the upper Little North Fork of the Santiam River in the State of Oregon, contains one of the largest remaining intact old-growth forest ecosystems in the Western Oregon Cascades. Although the landscape mosaic in the Opal Creek Forest may reflect some past logging, young stands of trees in the area mainly owe their existence to natural disturbances, chiefly wildfire. (7) The Opal Creek Forest contains outstanding geological and botanical features and contains attributes of historic and prehistoric importance. (8) The recreational use of the Opal Creek Forest, typically in the form of hiking, sightseeing, and the general enjoyment of the outdoor environment, is significant and likely to increase. (9) It is desirable to limit the human-related disturbances and development of the Opal Creek Forest in order to protect fully the special features of the forest and maintain the full potential of its watershed for scientific, educational, and research purposes. (10) Preservation of the Opal Creek Forest provides outstanding opportunities for scientists to conduct research regarding old-growth forests and for educators to provide scientifically credible information to the public. (b) Purposes.--The purposes of this Act are-- (1) to protect and preserve the forests and watersheds contained in the Opal Creek Forest Preserve; (2) consistent with paragraph (1), to promote and conduct-- (A) research in the Preserve regarding old-growth forests in a manner that does not include the harvesting of timber or otherwise damage the ecosystem; and (B) educational programs in the Preserve on old- growth forests and cultural and historic resources in the Preserve; and (3) consistent with paragraphs (1) and (2), to permit and regulate recreation in the Preserve. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Preserve.--The term ``Preserve'' means the Opal Creek Forest Preserve established in section 4(a). (2) Management plan.--The term ``management plan'' means the management plan for the Preserve developed pursuant to section 5(b). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. OPAL CREEK FOREST PRESERVE. (a) Establishment of Preserve.--There is hereby established the Opal Creek Forest Preserve in order to protect and preserve the forests and watersheds in the Preserve and to promote the research, educational, and recreational purposes of this Act. (b) Description of Preserve.--The Preserve shall consist of those Federal lands located in the Willamette and Mt. Hood National Forests in the State of Oregon that are generally depicted on the map dated August 1994, and entitled the ``Opal Creek Preserve Area''. The Preserve shall also include such lands as may be added under section 7 of this Act. The map referred to in this subsection shall be kept on file and made available for public inspection in the Office of the Chief of the Forest Service, United States Department of Agriculture. SEC. 5. ADMINISTRATION OF THE PRESERVE. (a) In General.--The Secretary shall administer the Preserve in accordance with this Act and with the laws, rules, and regulations applicable to National Forest System lands in a manner that will further the purposes of this Act. (b) Management Plan.--The Secretary shall prepare a comprehensive management plan for the Preserve to achieve the purposes of this Act. The management plan shall be considered to be a nonsignificant amendment to the Willamette and Mt. Hood Forest Land and Resource Management Plans. The management plan shall be prepared with public involvement which shall include consultation with interested individuals and organizations. The Secretary may enter into memoranda of understanding with interested parties to accomplish the purposes of this Act. The management plan shall include analysis and direction on the use of campfires within the Preserve. (c) Protection of Cultural and Historic Resources.--Not later than one year after the date of the enactment of this Act, the Secretary shall review and revise the inventory of the cultural and historic resources in the area covered by the Preserve, which was originally developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98- 328; 16 U.S.C. 1131 note). The Secretary shall submit a report to Congress describing the results of the review of such inventory. (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.-- (1) Restriction.--After the date of the enactment of this Act-- (A) lands within the Preserve shall not be open to the location of mining claims and mill and tunnel sites under the general mining laws of the United States; (B) the Secretary shall not issue any lease under the Mineral Leasing Act (30 U.S.C. 181 and following) or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and following) for lands within the Preserve; and (C) lands within the Preserve shall not be available for disposal of mineral materials under the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 and following). (2) Acquired lands.--The restriction provided by paragraph (1) shall also apply to any Federal lands added to the Preserve after the date of the enactment of this Act, except that the restriction shall apply to such lands only upon addition to the Preserve. (e) Private Inholdings.--The Secretary may cooperate with, and provide technical assistance to, private landowners, organizations, and other entities holding private lands within the boundaries of the Preserve to promote the use and management of such lands in a manner consistent with the purposes of this Act. SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE. (a) Prohibition on Logging or Other Timber Harvesting.-- (1) Prohibition.--Except as provided in paragraph (2), the cutting of trees in the Preserve is prohibited. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the cutting of specific trees in the Preserve is necessary-- (A) for public safety, such as to control the spread of a forest fire in the Preserve or on lands adjacent to the Preserve; or (B) for administrative use related to activities permitted in the Preserve. (3) Limitation on exception.--The cutting of trees authorized under paragraph (2) may not include salvage sales or harvests of commercial quantities of timber in the Preserve. (4) Collection of downed wood.--The collection of downed wood for firewood by permit may be allowed in a manner consistent with the purposes of this Act. (b) Prohibition on Off Road Motorized Travel.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles off or outside of the established roadbed of roads in the Preserve is prohibited. (2) Exception.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of a motor vehicle off or outside of the established roadbed of a road in the Preserve is necessary for administrative purposes or to respond to an emergency. (c) Prohibition on Use of Certain Roads.-- (1) Prohibition.--Except as provided in paragraph (2) and subject to valid existing rights, the use of motor vehicles is prohibited on the following roads located in the Preserve: (A) Forest road 2209 from the gate in existence on the date of the enactment of this Act eastward to the intersection of the road with the wilderness boundary. (B) Forest roads 290 and 330, which are spur roads to the road described in subparagraph (A). (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the use of the roads described in such paragraph is necessary for administrative purposes or to respond to an emergency. (3) Rule of construction.--Nothing in this subsection shall be construed to prohibit inholders and claim holders of valid mining claims from using the roads described in paragraph (1) for ingress and egress to their inholdings or valid mining claims, subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. Nothing in this subsection shall be construed to prohibit motor vehicle traffic on other roads established in the Preserve, in particular those forest roads providing access for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (d) Prohibition on Road Construction.-- (1) Prohibition.--Except as provided in paragraph (2) and subsection (e), and subject to valid existing rights, the construction of new roads is prohibited in the Preserve. (2) Exceptions.--The prohibition contained in paragraph (1) shall not apply to the extent that the Secretary determines that the construction of new roads, or the improvement of existing roads, in the Preserve is necessary to accomplish the purposes of this Act or to provide access to inholdings or for claim holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. The Secretary may maintain or improve roads in the Preserve to the extent the Secretary determines that such maintenance or improvements are necessary to accomplish the purposes of this Act, to provide for the protection of the natural resources of the Preserve, to provide for public safety, or to ensure access for inholders and claims holders of valid mining claims for the use of lands in the Preserve or within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. (3) Limitation on exception.--The construction or improvement of roads in the Preserve pursuant to paragraph (2) or subsection (e) may not include paving or any work beyond 50 feet on either side of the centerline of the road bed. (e) Utilities and Accompanying Road.--In compliance with applicable laws and the Willamette National Forest Land and Resource Management Plan, the Secretary may allow the installation and maintenance of power lines and water lines (and an accompanying service road) through the Preserve to serve authorized activities conducted on land within the Cedar Creek watershed within two miles outside of the boundaries of the Preserve. SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND. (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary shall conduct an inventory of all non-Federal lands and interests in lands within the boundaries of the Preserve. The Secretary may acquire such inventoried lands (or interests in such lands) for inclusion in the Preserve. The Secretary may not acquire, for inclusion in the Preserve, any lands or interests in lands within the boundaries of the Preserve without the consent of the owner, unless the Secretary determines that the land is being developed or managed (or is proposed to be developed or managed) in a manner inconsistent with the purposes of this Act. Nothing in this Act may be construed to prevent the Secretary from increasing the size of the Preserve. (b) Special Rule for Santiam No. 1 Lode Mining Claim.-- Notwithstanding subsection (a), the parcel of real property located within the boundaries of the Preserve that is known as the Santiam No. 1 lode mining claim and identified in section 8140 of the Department of Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213), may be acquired by the Secretary only-- (1) by purchase for an amount equal to not more than the sum of-- (A) the amount that the original patentee of the parcel paid for the parcel; and (B) the cost of any improvements made to the parcel by the patentee; or (2) by donation. (c) Rights-of-Way.--Nothing in this section shall be construed to affect the authority of the Secretary to acquire road and trail rights- of-way on lands in the Preserve under existing authorities. (d) Access and Utilities to Inholdings.-- (1) In general.--In the case of private inholdings located within the boundaries of the Preserve, the Secretary shall authorize the use of Federal land in the Preserve by the holder of the inholding to assure adequate access to the inholding under applicable law. (2) Jawbone flats.--With respect to the inholding known as the Jawbone Flats area, the Secretary shall authorize the use of Federal land in the Preserve by the owners of the inholding to provide for access and utilities for a facility in the inholding if the Secretary determines that the facility (and use of the facility) is consistent with the purposes of this Act. (3) Terms and conditions.--The use of Federal land in the Preserve under this subsection shall be subject to such reasonable terms and conditions, consistent with the purposes of this Act, as the Secretary may prescribe. SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY. (a) Remediation Activities.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to conduct environmental remediation activities in the Preserve in connection with the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant, including response actions conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (b) Liability.--Nothing in this Act shall be construed to limit the authority of the Secretary or a responsible party to address questions of liability related to the release, threatened release, or clean up of any hazardous substance or pollutant or contaminant in the Preserve. SEC. 9. GRANDFATHER CLAUSE. Nothing in this Act shall be construed to affect the operation of any timber sale contract entered into, or interfere with any activity for which a special use permit has been issued (and not revoked), before the date of the enactment of this Act, subject to the terms of the contract or permit. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Summary: Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) mining, mineral, and geothermal leasing or dispositions; (2) logging or other timber harvesting; (3) off road motorized travel; and (4) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve.


SECTION. 1. SHORT TITLE. This Act may be cited as the ``Immigrant Labor Policy Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The unemployment rate in the United States is at a record low. (2) Many industries in the United States, including agriculture, tourism, construction, nursing, information technology, and other portions of the service sector, are experiencing labor shortages. (3) The inability to secure sufficient workers is having a detrimental impact on the economy of the United States and the standard of living for all people in the United States. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the High Level Commission on Immigrant Labor Policy (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) In General.--The Commission shall study the interactions between Federal immigration policy and the labor markets for aliens in the United States, including the following subjects: (1) The adequacy of the supply of labor in the United States and whether this supply needs to be further supplemented with alien workers. (2) The extent to which employers in the United States rely upon the employment of a temporary workforce. (3) The economic impact and desirability of maintaining statutory caps on nonimmigrant workers. (4) The extent to which employers in the United States rely upon the employment of a workforce that includes or consists of aliens who unlawfully enter or remain in the United States. (5) The extent of unemployment and underemployment of workers who are United States citizens or aliens lawfully admitted to the United States for permanent residence. (6) The effectiveness of United States labor policies in stopping the flow into the United States of illegal immigrants. (7) Any other subject necessary to permit the Commission to prepare the reports required under section 8. (b) Consultation.--In conducting the study, the Commission shall consult with migrant labor groups, nonprofit organizations, labor unions, pertinent business and agriculture associations and organizations, State Governors, law enforcement associations and organizations, and relevant executive branch agencies and congressional committees. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 12 members, to be appointed as follows: (1) 6 to be appointed by the President. (2) 3 to be appointed by the Speaker of the House of Representatives. (3) 3 to be appointed by the President pro tempore of the Senate. (b) Consultations.--In making appointments under subsection (a)(1), the President shall consult with-- (1) the Attorney General in appointing 1 member; (2) the Chairman of the Federal Reserve Board in appointing 1 member; (3) the Secretary of Commerce in appointing 2 members; and (4) the Secretary of Agriculture in appointing 2 members. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Chairperson.--The Chairman of the Federal Reserve Board (or the Chairman of the Federal Reserve Board's designee) shall serve as the chairperson of the Commission until such time as the members of the Commission can elect a chairperson. (f) Basic Pay.--Each member shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. (h) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Experts and Consultants.--The chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Commission to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Commission to carry out its duties. SEC. 8. REPORTS. (a) Interim Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress an interim report on the following: (1) The overall effectiveness of Federal immigration and labor laws and policies in-- (A) protecting jobs held by citizens and nationals of the United States, aliens who are lawfully admitted to the United States for permanent residence, aliens who are admitted as refugees or are granted asylum, and other immigrants otherwise authorized to be employed in the United States; (B) preventing exploitation of alien immigrant and nonimmigrant workers; (C) reducing the number of illegal border crossings into the United States; and (D) reducing the numbers of aliens unlawfully employed in the United States. (2) The impact of statutory numerical limitations on the entry of immigrants and nonimmigrants into the United States on the achievement of the goals described in subparagraphs (A) through (D) of paragraph (1). (3) The impact of recent measures undertaken in border areas to deter illegal border crossings on the achievement of such goals. (4) The impact of Federal alien labor laws and policies on the overall economic performance within the United States and economic performance within the following sectors: (A) Agriculture. (B) Tourism and service. (C) Construction. (D) Nursing and health care. (E) Apparel. (F) Information technology. (b) Final Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress a final report that contains at least the following: (1) Information that updates the findings reported in the interim report on each of the issues described in paragraphs (1) through (4) of subsection (a). (2) Recommendations for actions that the Commission considers necessary-- (A) to curb illegal border crossings into the United States; (B) to curb unlawful employment of aliens in the United States; (C) to ensure adequate protection of the workers described in subsection (a)(1)(A); and (D) to ensure a stable and steady workforce for industry in the United States. (3) The viability of expanding the agricultural guest worker program established under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. 1188) to any or all of the following United States industries: (A) Tourism and service. (B) Construction. (C) Nursing and health care. (D) Apparel. (E) Information technology. (4) Recommendations for any additional actions that the Commission determines would improve Federal immigration or labor laws or policies. (5) Any other related information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 6 months after the date on which the Commission submits its final report under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, which sums shall remain available until expended.

Summary: Terminates the Commission six months after submission of its final report. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Reliability Act of 2004''. SEC. 2. ELECTRIC RELIABILITY STANDARDS. (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 215. ELECTRIC RELIABILITY. ``(a) Definitions.--For purposes of this section: ``(1) The term `bulk-power system' means-- ``(A) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and ``(B) electric energy from generation facilities needed to maintain transmission system reliability. The term does not include facilities used in the local distribution of electric energy. ``(2) The terms `Electric Reliability Organization' and `ERO' mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reliability standards for the bulk-power system, subject to Commission review. ``(3) The term `reliability standard' means a requirement, approved by the Commission under this section, to provide for reliable operation of the bulk-power system. The term includes requirements for the operation of existing bulk-power system facilities and the design of planned additions or modifications to such facilities to the extent necessary to provide for reliable operation of the bulk-power system, but the term does not include any requirement to enlarge such facilities or to construct new transmission capacity or generation capacity. ``(4) The term `reliable operation' means operating the elements of the bulk-power system within equipment and electric system thermal, voltage, and stability limits so that instability, uncontrolled separation, or cascading failures of such system will not occur as a result of a sudden disturbance or unanticipated failure of system elements. ``(5) The term `Interconnection' means a geographic area in which the operation of bulk-power system components is synchronized such that the failure of 1 or more of such components may adversely affect the ability of the operators of other components within the system to maintain reliable operation of the facilities within their control. ``(6) The term `transmission organization' means a Regional Transmission Organization, Independent System Operator, independent transmission provider, or other transmission organization finally approved by the Commission for the operation of transmission facilities. ``(7) The term `regional entity' means an entity having enforcement authority pursuant to subsection (e)(4). ``(b) Jurisdiction and Applicability.--(1) The Commission shall have jurisdiction, within the United States, over the ERO certified by the Commission under subsection (c), any regional entities, and all users, owners and operators of the bulk-power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards established under this section and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section. ``(2) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section. ``(c) Certification.--Following the issuance of a Commission rule under subsection (b)(2), any person may submit an application to the Commission for certification as the Electric Reliability Organization. The Commission may certify 1 such ERO if the Commission determines that such ERO-- ``(1) has the ability to develop and enforce, subject to subsection (e)(2), reliability standards that provide for an adequate level of reliability of the bulk-power system; and ``(2) has established rules that-- ``(A) assure its independence of the users and owners and operators of the bulk-power system, while assuring fair stakeholder representation in the selection of its directors and balanced decisionmaking in any ERO committee or subordinate organizational structure; ``(B) allocate equitably reasonable dues, fees, and other charges among end users for all activities under this section; ``(C) provide fair and impartial procedures for enforcement of reliability standards through the imposition of penalties in accordance with subsection (e) (including limitations on activities, functions, or operations, or other appropriate sanctions); ``(D) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties; and ``(E) provide for taking, after certification, appropriate steps to gain recognition in Canada and Mexico. ``(d) Reliability Standards.--(1) The Electric Reliability Organization shall file each reliability standard or modification to a reliability standard that it proposes to be made effective under this section with the Commission. ``(2) The Commission may approve, by rule or order, a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a proposed standard or modification to a reliability standard and to the technical expertise of a regional entity organized on an Interconnection-wide basis with respect to a reliability standard to be applicable within that Interconnection, but shall not defer with respect to the effect of a standard on competition. A proposed standard or modification shall take effect upon approval by the Commission. ``(3) The Electric Reliability Organization shall rebuttably presume that a proposal from a regional entity organized on an Interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest. ``(4) The Commission shall remand to the Electric Reliability Organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part. ``(5) The Commission, upon its own motion or upon complaint, may order the Electric Reliability Organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section. ``(6) The final rule adopted under subsection (b)(2) shall include fair processes for the identification and timely resolution of any conflict between a reliability standard and any function, rule, order, tariff, rate schedule, or agreement accepted, approved, or ordered by the Commission applicable to a transmission organization. Such transmission organization shall continue to comply with such function, rule, order, tariff, rate schedule or agreement accepted approved, or ordered by the Commission until-- ``(A) the Commission finds a conflict exists between a reliability standard and any such provision; ``(B) the Commission orders a change to such provision pursuant to section 206 of this part; and ``(C) the ordered change becomes effective under this part. If the Commission determines that a reliability standard needs to be changed as a result of such a conflict, it shall order the ERO to develop and file with the Commission a modified reliability standard under paragraph (4) or (5) of this subsection. ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph (2), a penalty on a user or owner or operator of the bulk-power system for a violation of a reliability standard approved by the Commission under subsection (d) if the ERO, after notice and an opportunity for a hearing-- ``(A) finds that the user or owner or operator has violated a reliability standard approved by the Commission under subsection (d); and ``(B) files notice and the record of the proceeding with the Commission. ``(2) A penalty imposed under paragraph (1) may take effect not earlier than the 31st day after the ERO files with the Commission notice of the penalty and the record of proceedings. Such penalty shall be subject to review by the Commission, on its own motion or upon application by the user, owner or operator that is the subject of the penalty filed within 30 days after the date such notice is filed with the Commission. Application to the Commission for review, or the initiation of review by the Commission on its own motion, shall not operate as a stay of such penalty unless the Commission otherwise orders upon its own motion or upon application by the user, owner or operator that is the subject of such penalty. In any proceeding to review a penalty imposed under paragraph (1), the Commission, after notice and opportunity for hearing (which hearing may consist solely of the record before the ERO and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the penalty), shall by order affirm, set aside, reinstate, or modify the penalty, and, if appropriate, remand to the ERO for further proceedings. The Commission shall implement expedited procedures for such hearings. ``(3) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk-power system if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk-power system has engaged or is about to engage in any acts or practices that constitute or will constitute a violation of a reliability standard. ``(4) The Commission shall issue regulations authorizing the ERO to enter into an agreement to delegate authority to a regional entity for the purpose of proposing reliability standards to the ERO and enforcing reliability standards under paragraph (1) if-- ``(A) the regional entity is governed by-- ``(i) an independent board; ``(ii) a balanced stakeholder board; or ``(iii) a combination independent and balanced stakeholder board. ``(B) the regional entity otherwise satisfies the provisions of subsection (c)(1) and (2); and ``(C) the agreement promotes effective and efficient administration of bulk-power system reliability. The Commission may modify such delegation. The ERO and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an Interconnection-wide basis promotes effective and efficient administration of bulk-power system reliability and should be approved. Such regulation may provide that the Commission may assign the ERO's authority to enforce reliability standards under paragraph (1) directly to a regional entity consistent with the requirements of this paragraph. ``(5) The Commission may take such action as is necessary or appropriate against the ERO or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the ERO or a regional entity. ``(6) Any penalty imposed under this section shall bear a reasonable relation to the seriousness of the violation and shall take into consideration the efforts of such user, owner, or operator to remedy the violation in a timely manner. ``(f) Changes in Electric Reliability Organization Rules.--The Electric Reliability Organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may proposed a change to the rules of the ERO. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c). ``(g) Reliability Reports.--The ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system in North America. ``(h) Coordination With Canada and Mexico.--The President is urged to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the ERO in the United States and Canada or Mexico. ``(i) Savings Provisions.--(1) The ERO shall have authority to develop and enforce compliance with reliability standards for only the bulk-power system. ``(2) This section does not authorize the ERO or the Commission to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. ``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard. ``(4) Within 90 days of the application of the Electric Reliability Organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a State action is inconsistent with a reliability standard, taking into consideration any recommendation of the ERO. ``(5) The Commission, after consultation with the ERO and the State taking action, may stay the effectiveness of any State action, pending the Commission's issuance of a final order. ``(j) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least \2/3\ of the States within a region that have more than \1/2\ of their electric load served within the region. A regional advisory body shall be composed of 1 member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the Electric Reliability Organization, a regional entity, or the Commission regarding the governance of an existing or proposed regional entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities request by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an Interconnection- wide basis. ``(k) Alaska and Hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''. (b) Status of ERO.--The Electric Reliability Organization certified by the Federal Energy Regulatory Commission under section 215(c) of the Federal Power Act and any regional entity delegated enforcement authority pursuant to section 215(e)(4) of that Act are not departments, agencies, or instrumentalities of the United States Government.

Summary: Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction for purposes of approving reliability standards and enforcing compliance with this Act over a FERC-certified electric reliability organization (ERO), a regional entity, and users, owners, and operators of a bulk-power system. Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act. Requires an ERO to file with FERC for approval of any proposed rule or rule change. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the efficacy of the ERO in the United States, Canada or Mexico. Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America. Directs FERC to establish a regional advisory body upon the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region. Declares this Act inapplicable to Alaska or Hawaii.