[Congressional Record Volume 155, Number 15 (Monday, January 26, 2009)]
[Senate]
[Pages S827-S846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KYL:
  S. 313. A bill to resolve water rights claims of the White Mountain 
Apache Tribe in the State of Arizona, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. KYL. Mr. President, today I am pleased to introduce the White 
Mountain Apache Tribe Water Rights Quantification Act of 2009. The 
legislation would authorize and confirm the tribe's water settlement 
and authorize funding for a key drinking water project on the tribe's 
reservation in northern Arizona--the Miner Flat Dam and Reservoir. The 
legislation is the product of nearly 3 years of negotiation and the 
tremendous work of the settlement parties.
  On behalf of the tribe, the United States filed substantial claims to 
water in the Gila River and Little Colorado River General Stream 
adjudications in Arizona. The settlement of these claims would, among 
other things, resolve the tribe's claims to water by allocating to it a 
total annual water right of 52,000 acre-feet per year through a 
combination of surface water and Central Arizona Project water sources. 
Without a settlement, resolution of the tribe's claims would take many 
years, entail great expense, prolong uncertainty concerning the 
availability of water supplies, and seriously impair the long-term 
economic well-being of all of the parties to the settlement.
  Late last year, the representatives of the non-federal water 
settlement parties indicated that a settlement was nearly finalized. 
The parties' representatives expressed their written support for the 
settlement and indicated that they will be submitting the settlement to 
their respective governing bodies for review and action. A number of 
the parties, including the White Mountain Apache Tribe, have already 
formally approved the settlement.
  A major factor driving the settlement is the drinking water needs of 
the White Mountain Apache Tribe. Currently, a relatively small well 
field serves the drinking water needs of the majority of the residents 
on the tribe's reservation, but production from the wells has declined 
significantly over the last few years. As a result, the tribe has 
experienced summer drinking water shortages. The tribe is planning to 
construct a relatively small diversion project on the North Fork of the 
White River on its reservation this year. It indicates that when the 
project is completed it will replace most of the lost production from 
the existing well field, but will not produce enough water to meet the 
demand of the tribe's growing population. The Miner Flat Project would 
provide a longterm solution for the tribe's drinking water shortages.
  A significant percentage of the water and funding for the White 
Mountain Apache settlement has already been set aside in legislation I 
sponsored, the Arizona Water Settlements Act. The Arizona Water 
Settlements Act, which became law in 2004, settled expensive and 
lengthy litigation concerning the Gila River Indian Community's rights 
to Gila River water and other water supplies, and the claims of the 
Tohono O'odham Nation for damages from groundwater pumping in southern 
Arizona. It also set aside 67,300 acre-feet of Central Arizona Project, 
CAP, water per year to resolve Indian water claims in Arizona and 
established a $250 million fund for future Arizona Indian water 
settlements.
  Under the White Mountain Apache Tribe's settlement legislation, a 
portion of the CAP water set aside in the Arizona Water Settlements Act 
will be used to settle the White Mountain Apache Tribe's claims and a 
portion of the $250 million will be used to construct the Miner Flat 
Project. While a potential scoring issue exists relating to the use of 
these funds, I am confident that these issues will be resolved as the 
legislation progresses.
  In sum, not only would the legislation I have introduced today 
provide certainty to water users in the State of Arizona regarding 
their future water supplies, it would provide the tribe with a long-
term reliable source of drinking water. Therefore, I urge my colleagues 
to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed int he Record.
  There being no objection, the material was ordered to be placed in 
the Record, as follows:

                                 S. 313

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``White Mountain Apache Tribe 
     Water Rights Quantification Act of 2009''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) proceedings to determine the nature and extent of the 
     water rights of the White Mountain Apache Tribe, members of 
     the Tribe, the United States, and other claimants are pending 
     in--
       (A) the consolidated civil action in the Superior Court of 
     the State of Arizona for the County of Maricopa styled In re 
     the General Adjudication of All Rights To Use Water In The 
     Gila River System and Source, W-1 (Salt), W-2 (Verde), W-3 
     (Upper Gila), W-4 (San Pedro); and
       (B) the civil action pending in the Superior Court of the 
     State of Arizona for the County of Apache styled In re the 
     General Adjudication of All Rights to Use Water in the Little 
     Colorado River System and Source and numbered CIV-6417;
       (2) a final resolution of those proceedings might--
       (A) take many years;
       (B) entail great expense;
       (C) prolong uncertainty concerning the availability of 
     water supplies; and
       (D) seriously impair the long-term economic well-being of 
     all parties to the proceedings;
       (3) the Tribe, non-Indian communities located near the 
     reservation of the Tribe, and other Arizona water users have 
     agreed--
       (A) to permanently quantify the water rights of the Tribe, 
     members of the Tribe, and the United States in its capacity 
     as trustee for the Tribe and members in accordance with the 
     Agreement; and
       (B) to seek funding, in accordance with applicable law, for 
     the implementation of the Agreement;
       (4) it is the policy of the United States to quantify, to 
     the maximum extent practicable, water rights claims of Indian 
     tribes without lengthy and costly litigation;
       (5) as of the date of enactment of this Act, the tribal 
     water rights are unquantified vested property rights held in 
     trust by the United States for the benefit of the Tribe; and
       (6) in keeping with the trust responsibility of the United 
     States to Indian tribes, and to promote tribal sovereignty 
     and economic self-sufficiency, it is appropriate that the 
     United States participate in and contribute funds for the 
     implementation of the Agreement.
       (b) Purposes.--The purposes of this Act are--
       (1) to authorize, ratify, and confirm the Agreement;
       (2) to authorize and direct the Secretary to execute the 
     Agreement and carry out all obligations of the Secretary 
     under the Agreement;
       (3) to authorize the actions and appropriations necessary 
     for the United States to meet the obligations of the United 
     States under the Agreement and this Act; and
       (4) to permanently resolve certain damage claims and all 
     water rights claims among--
       (A) the Tribe and its members;
       (B) the United States in its capacity as trustee for the 
     Tribe and its members;

[[Page S828]]

       (C) the parties to the Agreement; and
       (D) all other claimants in the proceedings referred to in 
     subsection (a)(1).

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Agreement.--The ``Agreement'' means--
       (A) the WMAT Water Rights Quantification Agreement dated 
     January 13, 2009; and
       (B) any amendment or exhibit (including exhibit amendments) 
     to that agreement that are--
       (i) made in accordance with this Act; or
       (ii) otherwise approved by the Secretary.
       (2) Bureau.--The term ``Bureau'' means the Bureau of 
     Reclamation.
       (3) CAP.--The term ``CAP'' means the reclamation project 
     authorized and constructed by the United States in accordance 
     with title III of the Colorado River Basin Project Act (43 
     U.S.C. 1521 et seq.).
       (4) CAP contractor.--The term ``CAP contractor'' means an 
     individual or entity that has entered into a long-term 
     contract (as that term is used in the repayment stipulation) 
     with the United States for delivery of water through the CAP 
     system.
       (5) CAP fixed om&r charge.--The term ``CAP fixed OM&R 
     charge'' has the meaning given the term in the repayment 
     stipulation.
       (6) CAP m&i priority water.--The term ``CAP M&I priority 
     water'' means the CAP water having a municipal and industrial 
     delivery priority under the repayment contract.
       (7) CAP subcontractor.--The term ``CAP subcontractor'' 
     means an individual or entity that has entered into a long-
     term subcontract (as that term is used in the repayment 
     stipulation) with the United States and the District for the 
     delivery of water through the CAP system.
       (8) CAP system.--The term ``CAP system'' means--
       (A) the Mark Wilmer Pumping Plant;
       (B) the Hayden-Rhodes Aqueduct;
       (C) the Fannin-McFarland Aqueduct;
       (D) the Tucson Aqueduct;
       (E) any pumping plant or appurtenant works of a feature 
     described in any of subparagraphs (A) through (D); and
       (F) any extension of, addition to, or replacement for a 
     feature described in any of subparagraphs (A) through (E).
       (9) CAP water.--The term ``CAP water'' means ``Project 
     Water'' (as that term is defined in the repayment 
     stipulation).
       (10) Contract.--The term ``Contract'' means--
       (A) the contract between the Tribe and the United States 
     attached as exhibit 7.1 to the Agreement and numbered 08-XX-
     30-W0529 and dated [____]; and
       (B) any amendments to that contract.
       (11) District.--The term ``District'' means the Central 
     Arizona Water Conservation District, a political subdivision 
     of the State that is the contractor under the repayment 
     contract.
       (12) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 12(c)(1).
       (13) Injury to water rights.--
       (A) In general.--The term ``injury to water rights'' means 
     an interference with, diminution of, or deprivation of, a 
     water right under Federal, State, or other law.
       (B) Inclusions.--The term ``injury to water rights'' 
     includes--
       (i) a change in the groundwater table; and
       (ii) any effect of such a change.
       (C) Exclusion.--The term ``injury to water rights'' does 
     not include any injury to water quality.
       (14) Off-reservation trust land.--The term ``off-
     reservation trust land'' means land--
       (A) located outside the exterior boundaries of the 
     reservation that is held in trust by the United States for 
     the benefit of the Tribe as of the enforceability date; and
       (B) depicted on the map attached to the Agreement as 
     exhibit 2.57.
       (15) Operating agency.--The term ``Operating Agency'' means 
     the 1 or more entities authorized to assume responsibility 
     for the care, operation, maintenance, and replacement of the 
     CAP system.
       (16) Repayment contract.--The term ``repayment contract'' 
     means--
       (A) the contract between the United States and the District 
     for delivery of water and repayment of the costs of the CAP, 
     numbered 14-06-W-245 (Amendment No. 1), and dated December 1, 
     1988; and
       (B) any amendment to, or revision of, that contract.
       (17) Repayment stipulation.--The term ``repayment 
     stipulation'' means the stipulated judgment and the 
     stipulation for judgment (including any exhibits to those 
     documents) entered on November 21, 2007, in the United States 
     District Court for the District of Arizona in the 
     consolidated civil action styled Central Arizona Water 
     Conservation District v. United States, et al., and numbered 
     CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
       (18) Reservation.--
       (A) In general.--The term ``reservation'' means the land 
     within the exterior boundary of the White Mountain Indian 
     Reservation established by the Executive order dated November 
     9, 1871, as modified by subsequent Executive orders and Acts 
     of Congress--
       (i) known on the date of enactment of this Act as the 
     ``Fort Apache Reservation'' pursuant to the Act of June 7, 
     1897 (30 Stat. 62, chapter 3); and
       (ii) generally depicted on the map attached to the 
     Agreement as exhibit 2.81.
       (B) No effect on dispute or as admission.--The depiction of 
     the reservation described in subparagraph (A)(ii) shall not--
       (i) be used to affect any dispute between the Tribe and the 
     United States concerning the legal boundary of the 
     reservation; and
       (ii) constitute an admission by the Tribe with regard to 
     any dispute between the Tribe and the United States 
     concerning the legal boundary of the reservation.
       (19) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (20) State.--The term ``State'' means the State of Arizona.
       (21) Tribal cap water.--The term ``tribal CAP water'' means 
     the CAP water to which the Tribe is entitled pursuant to the 
     Contract.
       (22) Tribal water rights.--The term ``tribal water rights'' 
     means the water rights of the Tribe described in paragraph 
     4.0 of the Agreement.
       (23) Tribe.--The term ``Tribe'' means the White Mountain 
     Apache Tribe organized under section 16 of the Act of June 
     18, 1934 (commonly known as the ``Indian Reorganization 
     Act'') (25 U.S.C. 476).
       (24) Water right.--The term ``water right'' means any right 
     in or to groundwater, surface water, or effluent under 
     Federal, State, or other law.
       (25) WMAT rural water system.--The term ``WMAT rural water 
     system'' means the municipal, rural, and industrial water 
     diversion, storage, and delivery system described in section 
     7.
       (26) Year.--The term ``year'' means a calendar year.

     SEC. 4. APPROVAL OF AGREEMENT.

       (a) Approval.--
       (1) In general.--Except to the extent that any provision of 
     the Agreement conflicts with a provision of this Act, the 
     Agreement is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Agreement is 
     authorized, ratified, and confirmed, to the extent that such 
     an amendment is executed to make the Agreement consistent 
     with this Act.
       (b) Execution of Agreement.--To the extent that the 
     Agreement does not conflict with this Act, the Secretary 
     shall--
       (1) execute the Agreement (including signing any exhibit to 
     the Agreement requiring the signature of the Secretary); and
       (2) execute any amendment to the Agreement necessary to 
     make the Agreement consistent with this Act.
       (c) National Environmental Policy Act.--
       (1) Environmental compliance.--In implementing the 
     Agreement, the Secretary shall promptly comply with all 
     applicable requirements of--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (C) all other applicable Federal environmental laws; and
       (D) all regulations promulgated under the laws described in 
     subparagraphs (A) through (C).
       (2) Execution of agreement.--
       (A) In general.--Execution of the Agreement by the 
     Secretary under this section shall not constitute a major 
     Federal action under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (B) Environmental compliance.--The Secretary shall carry 
     out all necessary environmental compliance required by 
     Federal law in implementing the Agreement.
       (3) Lead agency.--The Bureau shall serve as the lead agency 
     with respect to ensuring environmental compliance associated 
     with the WMAT rural water system.

     SEC. 5. WATER RIGHTS.

       (a) Rights Held in Trust.--The tribal water rights shall be 
     held in trust by the United States on behalf of Tribe.
       (b) Reallocation.--
       (1) In general.--In accordance with this Act and the 
     Agreement, the Secretary shall reallocate to the Tribe, and 
     offer to enter into a contract with the Tribe for the 
     delivery in accordance with this section of--
       (A) an annual entitlement to 23,782 acre-feet per year of 
     CAP water that has a non-Indian agricultural delivery 
     priority (as defined in the Contract) in accordance with 
     section 104(a)(1)(A)(iii) of the Arizona Water Settlements 
     Act (Public Law 108-451; 118 Stat. 3488), of which--
       (i) 3,750 acre-feet per year shall be firmed by the United 
     States for the benefit of the Tribe for the 100-year period 
     beginning on January 1, 2008, with priority equivalent to CAP 
     M&I priority water, in accordance with section 105(b)(1)(B) 
     of that Act (118 Stat. 3492); and
       (ii) 3,750 acre-feet per year shall be firmed by the State 
     for the benefit of the Tribe for the 100-year period 
     beginning on January 1, 2008, with priority equivalent to CAP 
     M&I priority water, in accordance with section 105(b)(2)(B) 
     of that Act (118 Stat. 3492); and
       (B) an annual entitlement to 1,218 acre-feet per year of 
     the water--
       (i) acquired by the Secretary through the permanent 
     relinquishment of the Harquahala Valley Irrigation District 
     CAP subcontract entitlement in accordance with the contract 
     numbered 3-07-30-W0290 among the District, Harquahala Valley 
     Irrigation District, and the United States; and
       (ii) converted to CAP Indian Priority water (as defined in 
     the Contract) pursuant to the Fort McDowell Indian Community 
     Water Rights Settlement Act of 1990 (Public Law 101-628; 104 
     Stat. 4480).

[[Page S829]]

       (2) Authority of tribe.--Subject to approval by the 
     Secretary under section 6(a)(1), the Tribe shall have the 
     sole authority to lease, distribute, exchange, or allocate 
     the tribal CAP water described in paragraph (1).
       (c) Water Service Capital Charges.--The Tribe shall not be 
     responsible for any water service capital charge for tribal 
     CAP water.
       (d) Allocation and Repayment.--For the purpose of 
     determining the allocation and repayment of costs of any 
     stages of the CAP constructed after November 21, 2007, the 
     costs associated with the delivery of water described in 
     subsection (b), regardless of whether the water is delivered 
     for use by the Tribe or in accordance with any assignment, 
     exchange, lease, option to lease, or other agreement for the 
     temporary disposition of water entered into by Tribe, shall 
     be--
       (1) nonreimbursable; and
       (2) excluded from the repayment obligation of the District.
       (e) Water Code.--Not later than 18 months after the 
     enforceability date, the Tribe shall enact a water code 
     that--
       (1) governs the tribal water rights; and
       (2) includes, at a minimum--
       (A) provisions requiring the measurement, calculation, and 
     recording of all diversions and depletions of water on the 
     reservation and on off-reservation trust land;
       (B) terms of a water conservation plan, including 
     objectives, conservation measures, and an implementation 
     timeline;
       (C) provisions requiring the approval of the Tribe for the 
     severance and transfer of rights to the use of water from 
     historically irrigated land identified in paragraph 11.3.2.1 
     of the Agreement to diversions and depletions on other non-
     historically irrigated land not located on the watershed of 
     the same water source; and
       (D) provisions requiring the authorization of the Tribe for 
     all diversions of water on the reservation and on off-
     reservation trust land by any individual or entity other than 
     the Tribe.

     SEC. 6. CONTRACT.

       (a)  In General.--The Secretary shall enter into the 
     Contract, in accordance with the Agreement, to provide, among 
     other things, that--
       (1) the Tribe, on approval of the Secretary, may--
       (A) enter into contracts or options to lease, contracts to 
     exchange, or options to exchange tribal CAP water in 
     Maricopa, Pinal, Pima, and Yavapai Counties in the State 
     providing for the temporary delivery to any individual or 
     entity of any portion of the tribal CAP water, subject to the 
     condition that--
       (i) the term of the contract or option to lease shall not 
     be longer than 100 years;
       (ii) the contracts or options to exchange shall be for the 
     term provided in the contract or option; and
       (iii) a lease or option to lease providing for the 
     temporary delivery of tribal CAP water shall require the 
     lessee to pay to the Operating Agency all CAP fixed OM&R 
     charges and all CAP pumping energy charges (as defined in the 
     repayment stipulation) associated with the leased water; and
       (B) renegotiate any lease at any time during the term of 
     the lease, subject to the condition that the term of the 
     renegotiated lease shall not exceed 100 years;
       (2) no portion of the tribal CAP water may be permanently 
     alienated;
       (3)(A) the Tribe (and not the United States in any 
     capacity) shall be entitled to all consideration due to the 
     Tribe under any contract or option to lease or exchange 
     tribal CAP water entered into by the Tribe; and
       (B) the United States (in any capacity) has no trust or 
     other obligation to monitor, administer, or account for, in 
     any manner--
       (i) any funds received by the Tribe as consideration under 
     a contract or option to lease or exchange tribal CAP water; 
     or
       (ii) the expenditure of those funds;
       (4)(A) all tribal CAP water shall be delivered through the 
     CAP system; and
       (B) if the delivery capacity of the CAP system is 
     significantly reduced or anticipated to be significantly 
     reduced for an extended period of time, the Tribe shall have 
     the same CAP delivery rights as a CAP contractor or CAP 
     subcontractor that is allowed to take delivery of water other 
     than through the CAP system;
       (5) the Tribe may use tribal CAP water on or off the 
     reservation for any purpose;
       (6) as authorized by subsection (f)(2)(A) of section 403 of 
     the Colorado River Basin Project Act (43 U.S.C. 1543) and to 
     the extent that funds are available in the Lower Colorado 
     River Basin Development Fund established by subsection (a) of 
     that section, the United States shall pay to the Operating 
     Agency the CAP fixed OM&R charges associated with the 
     delivery of tribal CAP water (except in the case of tribal 
     CAP water leased by any individual or entity);
       (7) the Secretary shall waive the right of the Secretary to 
     capture all return flow from project exchange water flowing 
     from the exterior boundary of the reservation; and
       (8) no CAP water service capital charge shall be due or 
     payable for the tribal CAP water, regardless of whether the 
     water is delivered for use by the Tribe or pursuant to a 
     contract or option to lease or exchange tribal CAP water 
     entered into by the Tribe.
       (b) Requirements.--The Contract shall be--
       (1) for permanent service (within the meaning of section 5 
     of the Boulder Canyon Project Act (43 U.S.C. 617d)); and
       (2) without limit as to term.
       (c) Ratification.--
       (1) In general.--Except to the extent that any provision of 
     the Contract conflicts with a provision of this Act, the 
     Contract is authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Contract is 
     authorized, ratified, and confirmed, to the extent that such 
     an amendment is executed to make the Contract consistent with 
     this Act.
       (d) Execution of Contract.--To the extent that the Contract 
     does not conflict with this Act, the Secretary shall execute 
     the Contract.
       (e) Payment of Charges.--The Tribe, and any recipient of 
     tribal CAP water through a contract or option to lease or 
     exchange, shall not be obligated to pay a water service 
     capital charge or any other charge, payment, or fee for CAP 
     water, except as provided in an applicable lease or exchange 
     agreement.
       (f) Prohibitions.--
       (1) Use outside state.--No tribal CAP water may be leased, 
     exchanged, forborne, or otherwise transferred by the Tribe in 
     any way for use directly or indirectly outside the State.
       (2) Use off reservation.--Except as authorized by this 
     section and paragraph 4.7 of the Agreement, no tribal water 
     rights under this Act may be sold, leased, transferred, or 
     used outside the boundaries of the reservation or off-
     reservation trust land other than pursuant to an exchange.
       (3) Agreements with arizona water banking authority.--
     Nothing in this Act or the Agreement limits the right of the 
     Tribe to enter into an agreement with the Arizona Water 
     Banking Authority established by section 45-2421 of the 
     Arizona Revised Statutes (or any successor entity), in 
     accordance with State law.
       (g) Leases.--
       (1) In general.--To the extent the leases of tribal CAP 
     Water by the Tribe to the District and to any of the cities, 
     attached as exhibits to the Agreement, are not in conflict 
     with the provisions of this Act--
       (A) those leases are authorized, ratified, and confirmed; 
     and
       (B) the Secretary shall execute the leases.
       (2) Amendments.--To the extent that amendments are executed 
     to make the leases described in paragraph (1) consistent with 
     this Act, those amendments are authorized, ratified, and 
     confirmed.

     SEC. 7. AUTHORIZATION OF THE RURAL WATER SYSTEM.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary, acting through the Bureau, 
     shall plan, design, construct, operate, maintain, replace, 
     and rehabilitate the WMAT rural water system as generally 
     described in the project extension report dated February 
     2007.
       (b) Components.--The WMAT rural water system under 
     subsection (a) shall consist of--
       (1) a dam and storage reservoir, pumping plant, and 
     treatment facilities located along the North Fork White River 
     near the community of Whiteriver;
       (2) pipelines extending from the water treatment plants to 
     existing water distribution systems serving the Whiteriver, 
     Carrizo, and Cibecue areas, together with other communities 
     along the pipeline;
       (3) connections to existing distribution facilities, 
     including public and private water systems in existence on 
     the date of enactment of this Act;
       (4) appurtenant buildings and access roads;
       (5) electrical power transmission and distribution 
     facilities necessary for services to rural water system 
     facilities;
       (6) all property and property rights necessary for the 
     facilities described in this subsection; and
       (7) such other project components as the Secretary 
     determines to be appropriate to meet the water supply, 
     economic, public health, and environmental needs of the 
     portions of the reservation served by the WMAT rural water 
     system, including water storage tanks, water lines, and other 
     facilities for the Tribe and the villages and towns on the 
     reservation.
       (c) Service Area.--The service area of the WMAT rural water 
     system shall be as described in the Project Extension report 
     dated February 2007.
       (d) Construction Requirements.--The components of the WMAT 
     rural water system shall be planned and constructed to a size 
     that is sufficient to meet the municipal, rural, and 
     industrial water supply requirements of the WMAT rural water 
     system service area during the period beginning on the date 
     of enactment of this Act and ending not earlier than December 
     31, 2040.
       (e) Title.--Title to the WMAT rural water system shall be 
     held in trust by the United States in its capacity as trustee 
     for the Tribe.
       (f) Technical Assistance.--The Secretary shall provide such 
     technical assistance as is necessary to enable the Tribe to 
     plan, design, construct, operate, maintain, and replace the 
     WMAT rural water system, including operation and management 
     training.
       (g) Applicability of ISDEAA.--Planning, design, 
     construction, operation, maintenance, rehabilitation, and 
     replacement of the WMAT rural water system on the reservation 
     shall be subject to the provisions (including regulations) of 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.).
       (h) Condition.--As a condition of construction of the 
     facilities authorized by this section, the Tribe shall 
     provide, at no cost to the Secretary, all land or interests 
     in land, as appropriate, that the Secretary identifies as 
     being necessary for those facilities.

[[Page S830]]

     SEC. 8. OUTDOOR RECREATION FACILITIES, NATIONAL FISH 
                   HATCHERIES, AND EXISTING IRRIGATION SYSTEMS.

       (a) In General.--Subject to the availability of 
     appropriations, on request of the Tribe, the Secretary shall 
     provide financial and technical assistance to complete the 
     Hawley Lake, Horseshoe Lake, Reservation Lake, Sunrise Lake, 
     and Big and Little Bear Lake reconstruction projects and 
     facilities improvements, as generally described in the Bureau 
     report entitled ``White Mountain Apache Tribe Recreation 
     Planning Study--April 2003''.
       (b) Alchesay Williams Creek National Fish Hatchery 
     Complex.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall operate, maintain, 
     rehabilitate, and upgrade the Alchesay-Williams Creek 
     National Fish Hatchery Complex on the reservation for the 
     continued general and primary benefit of the Tribe and the 
     White Mountain region.
       (2) Complex rehabilitation.--The rehabilitation of, and 
     upgrades to, the complex described in paragraph (1) shall 
     include--
       (A) raceway construction and rehabilitation, water quality 
     improvements, a water recirculation system, supplemental 
     water treatment capability, equipment acquisition, and 
     building rehabilitation; and
       (B) capital improvement and deferred maintenance facility 
     needs identified in the reports of the United States Fish and 
     Wildlife Service entitled ``Facilities Needs Assessment'' and 
     ``Merrick Report'' and dated September 2000, as updated 
     through 2008.
       (c) Tribe Fishery Center.--Subject to the availability of 
     appropriations, the Secretary shall plan, design, construct, 
     operate, maintain, rehabilitate, and replace a fish grow-out 
     facility, to be known as the ``WMAT Fishery Center'', on the 
     west side of the reservation for the benefit of the Tribe, 
     consisting of--
       (1) a 10,000-square foot indoor facility;
       (2) circular fiberglass tanks;
       (3) plumbing and required equipment;
       (4) collection and conveyance water systems; and
       (5) raceways and ponds.
       (d) Sunrise Ski Park Snow-Making Infrastructure.--Subject 
     to the availability of appropriations, the Secretary shall 
     plan, design, and construct snow-making capacity and 
     infrastructure for Sunrise Ski Park, consisting of--
       (1) enlargement of Ono Lake;
       (2) replacement of snow-making infrastructure, as 
     necessary; and
       (3) expansion of snow-making infrastructure and capacity to 
     all ski runs on Sunrise Peak, Apache Peak, and Cyclone Peak.
       (e) Existing Irrigation System Rehabilitation.--Subject to 
     the availability of appropriations, the Secretary shall 
     operate, maintain, rehabilitate, and upgrade the Canyon Day 
     and other historic irrigation systems on the reservation for 
     the continued general and primary benefit of the Tribe.
       (f) Applicability of ISDEAA.--Planning, design, 
     construction, operation, maintenance, rehabilitation, 
     replacement, and upgrade of the projects identified in this 
     section shall be subject to the provisions (including 
     regulations) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.).

     SEC. 9. FEASIBILITY STUDY OF NEEDED FOREST PRODUCTS 
                   IMPROVEMENTS.

       (a) Feasibility Study.--Subject to the availability of 
     appropriations and pursuant to the provisions (including 
     regulations) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), on receipt of a 
     request by the Tribe, the Secretary shall conduct a 
     feasibility study of options for--
       (1) improving the manufacture and use of timber products 
     derived from commercial forests on the reservation; and
       (2) improving forest management practices, consistent with 
     sustained yield principles for multipurpose forest uses, 
     healthy forest initiatives, and other applicable law to 
     supply raw materials for future manufacture and use.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, with concurrence of the 
     tribal council of the Tribe, shall submit to Congress a 
     report describing the results of the feasibility study under 
     subsection (a), including recommendations of the Secretary, 
     if any, for the improvements described in that subsection.
       (c) Implementation.--Subject to the availability of 
     appropriations, the Secretary shall plan, design, and 
     construct the improvements recommended under subsection (b).

     SEC. 10. RECREATION IMPOUNDMENTS AND RELATED FACILITIES.

       Subject to the availability of appropriations, on receipt 
     of a request by the Tribe and pursuant to the provisions 
     (including regulations) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.), the 
     Secretary shall--
       (1) conduct a feasibility study of recreation impoundments 
     throughout the reservation;
       (2) develop recommendations for the implementation, by not 
     later than 1 year after the date of enactment of this Act, of 
     feasible recreation impoundments; and
       (3) plan, design, and construct any recommended recreation 
     impoundments and related recreation facilities.

     SEC. 11. SATISFACTION OF CLAIMS.

       (a) In General.--The benefits realized by the Tribe and its 
     members under this Act shall be in full satisfaction of all 
     claims of the Tribe and its members for water rights and 
     injury to water rights, except as set forth in the Agreement, 
     under Federal, State, or other law with respect to the 
     reservation and off-reservation trust land.
       (b) Uses of Water.--All uses of water on lands outside of 
     the reservation, if and when such lands are subsequently and 
     finally determined to be part of the reservation through 
     resolution of any dispute between the Tribe and the United 
     States over the location of the reservation boundary, and any 
     fee lands within the reservation put into trust and made part 
     of the reservation, shall be subject to the maximum annual 
     diversion amounts and the maximum annual depletion amounts 
     specified in the Agreement.
       (c) No Recognition of Water Rights.--Notwithstanding 
     subsection (a), nothing in this Act has the effect of 
     recognizing or establishing any right of a member of the 
     Tribe to water on the reservation.

     SEC. 12. WAIVER AND RELEASE OF CLAIMS.

       (a) In General.---
       (1) Claims against the state and others.---Except as 
     provided in subparagraph 12.6 of the Agreement, the Tribe, on 
     behalf of itself and its members, and the United States, 
     acting in its capacity of trustee for the Tribe and its 
     members as part of the performance of their obligations under 
     the Agreement, are authorized to execute a waiver and release 
     of any claims against the State (or any agency or political 
     subdivision of the State), or any other person, entity, 
     corporation, or municipal corporation under Federal, State, 
     or other law for all--
       (A)(i) past, present, and future claims for water rights 
     for the reservation and off-reservation trust land arising 
     from time immemorial and, thereafter, forever; and
       (ii) past, present, and future claims for water rights 
     arising from time immemorial and, thereafter, forever, that 
     are based upon aboriginal occupancy of land by the Tribe, its 
     members, or their predecessors;
       (B)(i) past and present claims for injury to water rights 
     for the reservation and off-reservation trust land arising 
     from time immemorial through the enforceability date;
       (ii) past, present, and future claims for injury to water 
     rights arising from time immemorial and, thereafter, forever, 
     that are based upon aboriginal occupancy of land by the Tribe 
     and its members, or their predecessors; and
       (iii) claims for injury to water rights arising after the 
     enforceability date for the reservation and off-reservation 
     trust land resulting from off-reservation diversion or use of 
     water in a manner not in violation of the Agreement or State 
     law; and
       (C) past, present, and future claims arising out of or 
     relating in any manner to the negotiation or execution of the 
     Agreement or the negotiation or enactment of this Act.
       (2) Claims against tribe.--Except as provided in 
     subparagraph 12.8 of the Agreement, the United States, in all 
     its capacities (except as trustee for an Indian tribe other 
     than the Tribe), as part of the performance of its 
     obligations under the Agreement, is authorized to execute a 
     waiver and release of any and all claims against the Tribe, 
     its members, or any agency, official, or employee of the 
     Tribe, under Federal, State, or any other law for all--
       (A) past and present claims for injury to water rights 
     resulting from the diversion or use of water on the 
     reservation and on off-reservation trust land arising from 
     time immemorial through the enforceability date;
       (B) claims for injury to water rights arising after the 
     enforceability date resulting from the diversion or use of 
     water on the reservation and on off-reservation trust land in 
     a manner not in violation of the Agreement; and
       (C) past, present, and future claims arising out of or 
     related in any manner to the negotiation or execution of the 
     Agreement or the negotiation or enactment of this Act.
       (3) Claims against the united states.--Except as provided 
     in subparagraph 12.7 of the Agreement, the Tribe, on behalf 
     of itself and its members, as part of the performance of its 
     obligations under the Agreement, is authorized to execute a 
     waiver and release of any claim against the United States, 
     including agencies, officials, or employees thereof (except 
     in the United States capacity as trustee for other tribes), 
     under Federal, State, or other law for any and all--
       (A)(i) past, present, and future claims for water rights 
     for the reservation and off-reservation trust land arising 
     from time immemorial and, thereafter, forever; and
       (ii) past, present, and future claims for water rights 
     arising from time immemorial and, thereafter, forever, that 
     are based on aboriginal occupancy of land by the Tribe and 
     its members, or their predecessors;
       (B)(i) past and present claims relating in any manner to 
     damages, losses, or injuries to water, water rights, land, or 
     other resources due to loss of water or water rights 
     (including but not limited to damages, losses or injuries to 
     hunting, fishing, gathering, or cultural rights due to loss 
     of water or water rights; claims relating to interference 
     with, diversion or taking of water; or claims relating to 
     failure to protect, acquire, or develop water, water rights 
     or water infrastructure) within the reservation and off-
     reservation trust land that first accrued at any time prior 
     to the enforceability date;
       (ii) past, present, and future claims for injury to water 
     rights arising from time immemorial and, thereafter, forever, 
     that are based on aboriginal occupancy of land by the Tribe 
     and its members, or their predecessors; and

[[Page S831]]

       (iii) claims for injury to water rights arising after the 
     enforceability date for the reservation and off-reservation 
     trust land resulting from the off-reservation diversion or 
     use of water in a manner not in violation of the Agreement or 
     applicable law;
       (C) past, present, and future claims arising out of or 
     relating in any manner to the negotiation, execution, or 
     adoption of the Agreement, an applicable settlement judgment 
     or decree, or this Act;
       (D) past and present claims relating in any manner to 
     pending litigation of claims relating to the Tribe's water 
     rights for the reservation and off-reservation trust land;
       (E) past and present claims relating to the operation, 
     maintenance, and replacement of existing irrigation systems 
     on the reservation constructed prior to the enforceability 
     date that first accrued at any time prior to the 
     enforceability date, which waiver shall only become effective 
     upon the full appropriation and payment of such funds 
     authorized by section 16(c)(4) to the Tribe;
       (F) future claims relating to operation, maintenance, and 
     replacement of the WMAT rural water system, which waiver 
     shall only become effective upon the full appropriation of 
     funds authorized by section 16(b) and their deposit into the 
     Rural Water System OM&R Fund; and
       (G) past, present, and future breach of trust and 
     negligence claims for damage to the natural resources of the 
     Tribe caused by riparian and other vegetative manipulation, 
     including over-cutting of forest resources by the United 
     States for the purpose of increasing water runoff from the 
     reservation.
       (4) No waiver of claims.--Nothing in this subsection waives 
     any claim of the Tribe against the United States for future 
     takings by the United States of reservation land or off-
     reservation trust land or property rights appurtenant to 
     those lands, including any water rights set forth in 
     paragraph 4.0 of the Agreement.
       (b) Effectiveness of Waiver and Releases.--Except where 
     otherwise specifically provided in subparagraphs (E) and (F) 
     of subsection (a)(3), the waivers and releases under 
     subsection (a) shall become effective on the enforceability 
     date.
       (c) Enforceability Date.--
       (1) In general.--This section takes effect on the date on 
     which the Secretary publishes in the Federal Register a 
     statement of findings that--
       (A) to the extent the Agreement conflicts with this Act, 
     the Agreement has been revised through an amendment to 
     eliminate the conflict and the Agreement, so revised, has 
     been executed by the Secretary, the Tribe and the Governor of 
     the State;
       (B) the Secretary has fulfilled the requirements of 
     sections 5 and 6;
       (C)(i) the funds authorized in sections 13 and 16(a), have 
     been appropriated and deposited in the Rural Water System 
     Construction Fund; and
       (ii) if applicable, the funds described in section 16(i) 
     have been deposited in the Rural Water System Construction 
     Fund;
       (D) the State funds described in subparagraph 13.3 of the 
     Agreement have been deposited in the Rural Water System 
     Construction Fund;
       (E) the Secretary has issued a record of decision approving 
     the construction of the WMAT rural water system in a 
     configuration substantially similar to that described in 
     section 7; and
       (F) the judgments and decrees substantially in the form of 
     those attached to the Agreement as exhibits 12.9.6.1 and 
     12.9.6.2 have been approved by the respective trial courts.
       (2) Failure of enforceability date to occur.--If, because 
     of the failure of the enforceability date to occur by October 
     31, 2013, this section does not become effective, the Tribe 
     and its members, and the United States, acting in the 
     capacity of trustee for the Tribe and its members, shall 
     retain the right to assert past, present, and future water 
     rights claims and claims for injury to water rights for the 
     reservation and off-reservation trust land.
       (3) No rights to water.--Upon the occurrence of the 
     enforceability date, all land held by the United States in 
     trust for the Tribe and its members shall have no rights to 
     water other than those specifically quantified for the Tribe 
     and the United States, acting in the capacity of trustee for 
     the Tribe and its members for the reservation and off-
     reservation trust land pursuant to paragraph 4.0 of the 
     Agreement.
       (d) United States Enforcement Authority.--Nothing in this 
     Act or the Agreement affects any right of the United States 
     to take any action, including environmental actions, under 
     any laws (including regulations and the common law) relating 
     to human health, safety, or the environment.

     SEC. 13. USE OF LOWER COLORADO RIVER BASIN DEVELOPMENT FUND.

       (a) Use of Amounts.--
       (1) In general.--Subject to paragraph (2), up to 
     $100,000,000 of amounts in the Lower Colorado River Basin 
     Development Fund made available under section 
     403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 
     U.S.C. 1543(f)(2)(D)(vi)) may be used, without further 
     appropriation, for the planning, engineering, design, and 
     construction of the WMAT rural water system.
       (2) Requirement.--If a loan is made to the Tribe pursuant 
     to the White Mountain Apache Tribe Rural Water System Loan 
     Authorization Act (Public Law 110-390; 122 Stat. 4191), the 
     Tribe shall use such amounts made available under paragraph 
     (1) as are necessary to repay that loan.
       (b) Offset.--To the extent necessary, the Secretary shall 
     offset amounts expended pursuant to subsection (a) using such 
     additional amounts as may be made available to the Secretary 
     for the applicable fiscal year.

     SEC. 14. TRUST FUNDS.

       (a) Establishment.--There is established in the Treasury of 
     the United States--
       (1) a fund to be known as the ``Rural Water System 
     Construction Fund'', consisting of--
       (A) the funds made available under section 13;
       (B) the amounts appropriated to the fund pursuant to 
     subsections (a) and (i) of section 16, as applicable; and
       (C) the funds provided in subparagraph 13.3 of the 
     Agreement; and
       (2) a fund to be known as the ``Rural Water System OM&R 
     Fund'', consisting of amounts appropriated to the fund 
     pursuant to section 16(b).
       (b) Management.--The Secretary shall manage the Rural Water 
     System Construction Fund and the Rural Water System OM&R 
     Fund, including by--
       (1) making investments from the funds; and
       (2) distributing amounts from the funds to the Tribe, in 
     accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (c) Investment of Funds.--The Secretary shall invest 
     amounts in the funds in accordance with--
       (1) the Act of April 1, 1880 (25 U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (3) subsection (b);
       (4) the obligations of Federal corporations and Federal 
     Government-sponsored entities the charter documents of which 
     provide that the obligations of the entities are lawful 
     investments for federally managed funds, including--
       (A) the obligations of the United States Postal Service 
     described in section 2005 of title 39, United States Code;
       (B) bonds and other obligations of the Tennessee Valley 
     Authority described in section 15d of the Tennessee Valley 
     Authority Act of 1933 (16 U.S.C. 831n-4);
       (C) mortgages, obligations, and other securities of the 
     Federal Home Loan Mortgage Corporation described in section 
     303 of the Federal Home Loan Mortgage Corporation Act (12 
     U.S.C. 1452); and
       (D) bonds, notes, and debentures of the Commodity Credit 
     Corporation described in section 4 of the Act of March 8, 
     1938 (15 U.S.C. 713a-4); and
       (5) the obligations referred to in section 201 of the 
     Social Security Act (42 U.S.C. 401).
       (d) Expenditures and Withdrawals.--
       (1) Tribal management plans.--
       (A) In general.--The Tribe may withdraw any portion of the 
     Rural Water System Construction Fund or the Rural Water 
     System OM&R Fund on approval by the Secretary of a tribal 
     management plan under the American Indian Trust Fund 
     Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     that Act (25 U.S.C. 4001 et seq.), the tribal management plan 
     shall require that the Tribe shall--
       (i) use amounts in the Rural Water System Construction Fund 
     only for the planning, design, and construction of the rural 
     water system, including such sums as are necessary--

       (I) for the Bureau to carry out oversight of the planning, 
     design, and construction of the rural water system; and
       (II) to carry out all required environmental compliance 
     activities associated with the planning, design, and 
     construction of the rural water system; and

       (ii) use amounts in the Rural Water System OM&R Fund only 
     for the operation, maintenance, and replacement costs 
     associated with the delivery of water through the rural water 
     system.
       (2) Enforcement.--The Secretary may pursue such judicial 
     remedies and carry out such administrative actions as are 
     necessary to enforce the tribal management plan to ensure 
     that amounts in the Rural Water System Construction Fund and 
     the Rural Water System OM&R Fund are used in accordance with 
     this section.
       (3) Liability.--On withdrawal by the Tribe of amounts in 
     the Rural Water System Construction Fund or the Rural Water 
     System OM&R Fund, the Secretary and the Secretary of the 
     Treasury shall not retain liability for the expenditure or 
     investment of those amounts.
       (4) Expenditure plan.--
       (A) In general.--The Tribe shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts in the funds under this section that the Tribe does 
     not withdraw pursuant to this subsection.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, the amounts 
     remaining in the funds will be used.
       (C) Approval.--The Secretary shall approve an expenditure 
     plan under this paragraph if the Secretary determines that 
     the plan is--
       (i) reasonable; and
       (ii) consistent with this Act.
       (5) Annual reports.--The Tribe shall submit to the 
     Secretary an annual report that describes each expenditure 
     from the Rural Water System Construction Fund and the Rural 
     Water System OM&R Fund during the year covered by the report.
       (e) Prohibition on Per Capita Distributions.--No amount of 
     the principal, or the

[[Page S832]]

     interest or income accruing on the principal, of the Rural 
     Water System Construction Fund or the Rural Water System OM&R 
     Fund shall be distributed to any member of the Tribe on a per 
     capita basis.
       (f) Funds Not Available Until Enforceability Date.--Amounts 
     in the Rural Water System Construction Fund and the Rural 
     Water System OM&R Fund shall not be available for expenditure 
     or withdrawal by the Tribe until the enforceability date.

     SEC. 15. MISCELLANEOUS PROVISIONS.

       (a) Limited Waiver of Sovereign Immunity.--
       (1) In general.--In the case of a civil action described in 
     paragraph (2)--
       (A) the United States or the Tribe, or both, may be joined 
     in the civil action; and
       (B) any claim by the United States or the Tribe to 
     sovereign immunity from the civil action is waived for the 
     sole purpose of resolving any issue regarding the 
     interpretation or enforcement of this Act or the Agreement.
       (2) Description of civil action.--A civil action referred 
     to in paragraph (1) is a civil action filed--
       (A) by any party to the Agreement or signatory to an 
     exhibit to the Agreement in a United States or State court 
     that--
       (i) relates solely and directly to the interpretation or 
     enforcement of this Act or the Agreement; and
       (ii) names as a party the United States or the Tribe; or
       (B) by a landowner or water user in the Gila River basin or 
     Little Colorado River basin in the State that--
       (i) relates solely and directly to the interpretation or 
     enforcement of paragraph 12.0 of the Agreement; and
       (ii) names as a party the United States or the Tribe.
       (b) Effect of Act.--Nothing in this Act quantifies or 
     otherwise affects any water right or claim or entitlement to 
     water of any Indian tribe, band, or community other than the 
     Tribe.
       (c) Limitation on Liability of United States.--
       (1) In general.--The United States shall have no trust or 
     other obligation--
       (A) to monitor, administer, or account for, in any manner, 
     any amount paid to the Tribe by any party to the Agreement 
     other than the United States; or
       (B) to review or approve the expenditure of those funds.
       (2) Indemnification.--The Tribe shall indemnify the United 
     States, and hold the United States harmless, with respect to 
     any claim (including claims for takings or breach of trust) 
     arising out of the receipt or expenditure of funds described 
     in paragraph (1)(A).
       (d) Applicability of Reclamation Reform Act.--The 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and 
     any other acreage limitation or full-cost pricing provision 
     under Federal law shall not apply to any individual, entity, 
     or land solely on the basis of--
       (1) receipt of any benefit under this Act;
       (2) the execution of this Act; or
       (3) the use, storage, delivery, lease, or exchange of CAP 
     water.
       (e) Treatment of Tribal Water Rights.--The tribal water 
     rights--
       (1) shall be held in trust by the United States in 
     perpetuity; and
       (2) shall not be subject to forfeiture or abandonment.
       (f) Secretarial Power Sites.--The portions of the following 
     named secretarial power site reserves that are located on the 
     reservation shall be transferred and restored into the name 
     of the Tribe:
       (1) Lower Black River (T. 3 N., R. 26 E.; T. 3 N., R. 27 
     E.).
       (2) Black River Pumps (T. 2 N., R. 25 E.; T. 2 N., R. 26 
     E.; T. 3 N., R. 26 E.).
       (3) Carrizo (T. 4 N., R. 20 E.; T. 4 N., R. 21 E.; T. 4\1/
     2\ N., R. 19 E.; T. 4\1/2\ N., R. 20 E.; T. 4\1/2\ N., R. 21 
     E.; T. 5 N., R. 19 E.).
       (4) Knob (T. 5 N., R. 18 E.; T. 5 N., R. 19 E.).
       (5) Walnut Canyon (T. 5 N., R. 17 E.; T. 5 N., R. 18 E.).
       (6) Gleason Flat (T. 4\1/2\ N., R. 16 E.; T. 5 N., R. 16 
     E.).
       (g) No Effect on Future Allocations.--Water received under 
     a lease or exchange of tribal CAP water under this Act shall 
     not affect any future allocation or reallocation of CAP water 
     by the Secretary.
       (h) After-Acquired Trust Lands.--
       (1) Requirement of act of congress.--
       (A) Legal title.--After the enforceability date, if the 
     Tribe seeks to have legal title to additional land in the 
     State of Arizona located outside the exterior boundaries of 
     the reservation taken into trust by the United States for its 
     benefit, the Tribe may do so only pursuant to an Act of 
     Congress specifically authorizing the transfer for the 
     benefit of the Tribe.
       (B) Exceptions.--Subparagraph (A) shall not apply to--
       (i) restoration of land to the reservation subsequently and 
     finally determined to be part of the reservation through 
     resolution of any dispute between the Tribe and the United 
     States over the location of the reservation boundary unless 
     required by Federal law; or
       (ii) off-reservation trust land acquired prior to January 
     1, 2008.
       (2) Water rights.--
       (A) In general.--Under this section, after-acquired trust 
     land outside the reservation shall not include federally 
     reserved rights to surface water or groundwater.
       (B) Restored land.--Land restored to the reservation as the 
     result of resolution of any reservation boundary dispute 
     between the Tribe and the United States, or any fee simple 
     land within the reservation that are placed into trust, shall 
     have water rights pursuant to section 11(b).
       (3) Acceptance of land in trust status.--
       (A) In general.--If the Tribe acquires legal fee title to 
     land that is located within the exterior boundaries of the 
     reservation, the Secretary shall accept the land in trust 
     status for the benefit of the Tribe in accordance with 
     applicable Federal law (including regulations) for such real 
     estate acquisitions.
       (B) Reservation status.--Land taken or held in trust by the 
     Secretary under paragraph (3), or restored to the reservation 
     as a result of resolution of a boundary dispute between the 
     Tribe and the United States, shall be deemed to be part of 
     the reservation.

     SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

       (a) Rural Water System.--
       (1) Planning, engineering, design, and construction.--
       (A) In general.--There is authorized to be appropriated for 
     the planning, engineering, design, and construction of the 
     WMAT rural water system $126,193,000, as adjusted in 
     accordance with subparagraph (B), less--
       (i) the amount of funding applied toward the planning, 
     engineering, design, and construction of the WMAT rural water 
     system under section 13; and
       (ii) the funds to be provided under subparagraph 13.3 of 
     the Agreement.
       (B) Adjustments and inclusions.--The amount authorized to 
     be appropriated under subparagraph (A) shall--
       (i) be adjusted as may be required due to changes in 
     construction costs of the rural water system, as indicated by 
     engineering cost indices applicable to the types of planning, 
     engineering, design, and construction occurring after October 
     1, 2007; and
       (ii) include such sums as are necessary for the Bureau to 
     carry out oversight of activities for planning, design, and 
     construction of the rural water system.
       (2) Environmental compliance.--There are authorized to be 
     appropriated to the Secretary such sums as are necessary to 
     carry out all required Federal environmental compliance 
     activities associated with the planning, engineering, design, 
     and construction of the rural water system.
       (b) Rural Water System OM&R.--There is authorized to be 
     appropriated $50,000,000 for the operation, maintenance, and 
     replacement costs of the rural water system.
       (c) Rehabilitation of Recreation Facilities, National Fish 
     Hatcheries, and Existing Irrigation Systems.--There are 
     authorized to be appropriated, for use in accordance with 
     section 8--
       (1) $23,675,000 to complete the Hawley Lake, Horseshoe 
     Lake, Reservation Lake, Sunrise Lake, and Big and Little Bear 
     Lake reconstruction projects and facilities improvements;
       (2) $7,472,000 to the United States Fish and Wildlife 
     Service for the rehabilitation and improvement of the 
     Alchesay-Williams Creek National Fish Hatchery Complex;
       (3) $5,000,000 to the Bureau of Indian Affairs for the 
     planning, design, and construction of the WMAT Fishery 
     Center; and
       (4) for the rehabilitation of existing irrigation systems--
       (A) $950,000 for the Canyon Day irrigation system; and
       (B) $4,000,000 for the Historic irrigation system.
       (d) Feasibility Study of Needed Forest Products 
     Improvements.--There are authorized to be appropriated--
       (1) to the Bureau of Indian Affairs $1,000,000 to conduct a 
     feasibility study of the rehabilitation and improvement of 
     forest products manufacturing and forest management on the 
     reservation in accordance with section 9; and
       (2) $24,000,000 to implement the recommendations developed 
     under the study.
       (e) Sunrise Ski Park Snow-Making Infrastructure.--There is 
     authorized to be appropriated $25,000,000 for the planning, 
     design, and construction of snow-making infrastructure, 
     repairs, and expansion at Sunrise Ski Park in accordance with 
     section 8.
       (f) Recreation Impoundments and Related Facilities.--There 
     is authorized to be appropriated $25,000,000 to carry out 
     section 10.
       (g) Environmental Compliance.--There are authorized to be 
     appropriated to the Secretary such sums as are necessary to 
     carry out all required environmental compliance activities 
     associated with the Agreement and this Act.
       (h) Cost Indexing.--The amounts authorized to be 
     appropriated under this section shall be adjusted as 
     appropriate, based on ordinary fluctuations in engineering 
     cost indices applicable for the relevant types of 
     construction, if any, during the period beginning on October 
     1, 2007, and ending on the date on which the amounts are made 
     available.
       (i) Emergency Fund for Indian Safety and Health.--Effective 
     beginning on January 1, 2010, if the Secretary determines 
     that, on an annual basis, the deadline described in section 
     12(c)(2) is not likely to be met because the funds authorized 
     in sections 13 and 16(a) have not been appropriated and 
     deposited in the Rural Water System Construction Fund, not 
     more than $100,000,000 of the amounts in the Emergency Fund 
     for Indian Safety and Health established by section 601(a) of 
     the Tom Lantos and Henry J. Hyde United States Global 
     Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
     Reauthorization Act of 2008 (22 U.S.C. 7601 et seq.)

[[Page S833]]

     shall be transferred to the Rural Water System Construction 
     Fund, as necessary to complete the WMAT rural water system 
     project.

     SEC. 17. ANTIDEFICIENCY.

       The United States shall not be liable for failure to carry 
     out any obligation or activity authorized to be carried out, 
     subject to appropriations, under this Act (including any such 
     obligation or activity under the Agreement) if adequate 
     appropriations for that purpose are not provided by Congress.

     SEC. 18. REPEAL ON FAILURE OF ENFORCEABILITY DATE.

       If the Secretary fails to publish in the Federal Register a 
     statement of findings as required under section 12(c) by not 
     later than October 31, 2013--
       (1) effective beginning on November 1, 2013--
       (A) this Act is repealed; and
       (B) any action carried out by the Secretary, and any 
     contract entered into, pursuant to this Act shall be void;
       (2) any amounts appropriated under sections 13 and 
     subsections (a) and (b) of section 16, together with any 
     interest accrued on those amounts, shall immediately revert 
     to the general fund of the Treasury; and
       (3) any amounts paid by the State in accordance with the 
     Agreement, together with any interest accrued on those 
     amounts, shall immediately be returned to the State.

     SEC. 19. COMPLIANCE WITH ENVIRONMENTAL LAWS.

       In carrying out this Act, the Secretary shall promptly 
     comply with all applicable requirements of--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (3) all other applicable Federal environmental laws; and
       (4) all regulations promulgated under the laws described in 
     paragraphs (1) through (3).
                                  ____

                                                  August 29, 2008.
     Senator Jon Kyl,
     Phoenix, AZ.
       Dear Senator Kyl: We the undersigned representatives of 
     parties to the White Mountain Apache Tribe Quantification 
     Agreement have reviewed the attached Quantification 
     Agreement, Exhibits, and accompanying draft legislation 
     (``Settlement Documents''). Based upon our participation in 
     the negotiations and/or our review of the attached Settlement 
     Documents, we, at this time, intend to express our support 
     for the Settlement Documents and plan to submit them for our 
     governing bodies' review and action. As of the date of this 
     letter, we are not aware of any reason why our governing 
     bodies would not support the Settlement Documents. The 
     governing bodies, however, must conduct a final review of the 
     Settlement Documents and make a decision.
       The Settlement Documents may be revised as agreed upon by 
     the parties. We understand that authorizations for 
     appropriations included within the draft legislation are 
     still subject to agreement between you and the White Mountain 
     Apache Tribe.
         Robert Brauchli, White Mountain Apache Tribe; John 
           Weldon, Salt River Project; Frederic Beeson, Salt River 
           Project; Lauren Caster, Arizona Water Company; David 
           Brown, City of Show Low; Michael J. Pearce, Buckeye 
           Irrigation Company/Buckeye Water Conservation and 
           Drainage District; William Staudenmaier, Roosevelt 
           Water Conservation District; Eric Kamienski, City of 
           Tempe; Stephen Burg, City of Peoria; Elizabeth Miller, 
           City of Scottsdale; Doug Toy, City of Chandler; Kathy 
           Rall, Town Gilbert; Kathryn Sorensen, City of Mesa; 
           Robin Stinnett, City of Avondale; Tom Buschatzke, City 
           of Phoenix; Stephen Rot, City of Glendale; Gregg Houtz, 
           Arizona Department of Water Resources.
                                  ____



                                      Central Arizona Project,

                                   Phoenix, AZ, September 4, 2008.
     Hon. Jon Kyl,
     U.S. Senate,
     Washington, DC.
       Dear Senator Kyl: I am writing as counsel for the Central 
     Arizona Water Conservation District regarding legislation to 
     authorize a settlement of the water rights claims of the 
     White Mountain Apache Tribe. As you know, my staff and I have 
     been personally involved in the negotiations to settle the 
     water rights claims of the Tribe. My staff and I have had the 
     opportunity to review the most recent drafts of the 
     authorizing legislation and the settlement agreement and we 
     intend to recommend approval of the settlement to our 
     governing Board. In our judgment, the proposed settlement is 
     consistent with the Arizona Water Settlements Act and 
     represents an important step forward in Arizona's efforts to 
     resolve outstanding Indian water rights claims. We look 
     forward to continuing to work with you and the other members 
     of the Arizona congressional delegation in bringing this 
     important settlement to fruition.
           Sincerely,
                                                Douglas K. Miller,
                                           General Counsel, CAWCD.
                                 ______
                                 
      By Mr. FEINGOLD (for himself and Mr. Sanders):
  S. 315. A bill to amend title 38, United States Code, to improve the 
outreach activities of the Department of Veterans Affairs, and for 
other purposes; to the Committee on Veterans' Affairs.
  Mr. FEINGOLD. Mr. President, Senator Sanders and I are introducing 
the Veterans Outreach Improvement Act which will help to ensure that 
all of our veterans know about Federal benefits to which they may be 
entitled by improving outreach programs. I introduced similar 
legislation in the 108, 109, and 110 Congresses. I am also pleased to 
note that there is a companion bill in the House, H.R. 32, sponsored by 
Representative McIntyre. Last year, the House Veterans' Affairs 
Subcommittee on Disability Assistance and Memorial Affairs approved the 
bill by a voice vote.
  I would like to thank the junior Senator from Hawaii for working with 
me to improve outreach to veterans. This year, he has introduced an 
omnibus veterans health care bill, S. 252, which includes a provision 
creating a grant program for organizations that, among other things, 
perform outreach to veterans. At my request, this grant program was 
extended to include State and local agencies that conduct outreach to 
veterans, consistent with provisions of my outreach bill. I greatly 
appreciate the Chairman's willingness to consider the key role these 
agencies play in ensuring that veterans receive the benefits they have 
more than earned. I would also like to thank Senator Sanders for 
working with me to expand the scope of this grant program.
  Based on Senator Akaka's recommendations, I have made a few changes 
to my outreach bill this year. He has informed me of the special need 
to increase outreach to veterans in rural areas. I have modified my 
outreach bill to reflect this important need.
  I was extremely troubled by revelations of gaps in care as 
servicemembers transition to the VA that emerged as a result of 
investigations of the Walter Reed Army Medical Center. I appreciate the 
Department of Defense and Department of Veterans Affairs' attempts to 
remedy these gaps, but more work remains to be done. It can be 
extremely difficult for veterans to navigate the VA's health care and 
benefits systems. This bill will increase congressional oversight of 
the VA's outreach activities and authorize the Secretary of Veterans 
Affairs to work with State, local and community-based organizations to 
perform outreach.
  Several years ago, the Wisconsin Department of Veterans Affairs, 
WDVA, launched a statewide program called ``I Owe You.'' The program 
encourages veterans to apply, or to re-apply, for benefits that they 
earned from their service in the U.S. military.
  As part of this program, WDVA has sponsored several events around 
Wisconsin called ``Supermarkets of Veterans Benefits'' at which 
veterans can begin the process of learning whether they qualify for 
Federal benefits from the Department of Veterans Affairs, VA. These 
events, which are based on a similar program in Georgia, supplement the 
work of Wisconsin's County Veterans Service Officers and veterans 
service organizations by helping our veterans to reconnect with the VA 
and to learn more about services and benefits for which they may be 
eligible. More than 11,000 veterans and their families have attended 
the supermarkets, which include information booths with representatives 
from WDVA, VA, and veterans service organizations, as well as a variety 
of Federal, State, and local agencies. I was proud to have members of 
my staff speak with veterans and their families at a number of these 
events. These events have helped veterans and their families to learn 
about numerous topics, including health care, how to file a disability 
claim, and preregistration for internment in veterans cemeteries.
  The Institute for Government Innovation at Harvard University's 
Kennedy School of Government recognized the ``I Owe You'' program by 
naming it a semi-finalist for the 2002 Innovations in American 
Government Award. The program was also featured in the March/April 2003 
issue of Disabled American Veterans Magazine.
  In order to help to facilitate consistent implementation of VA's 
outreach responsibilities around the country, my bill would help to 
improve outreach activities performed by the VA in three ways. First, 
it would create separate funding line items for outreach activities 
within the budgets of

[[Page S834]]

the VA and its agencies, the Veterans Health Administration, the 
Veterans Benefits Administration, and the National Cemetery 
Administration to ensure oversight of the VA's outreach activities. 
Secondly, the bill would create an intra-agency structure to require 
the Office of the Secretary, the Office of Public Affairs, the VBA, the 
VHA, and the NCA to coordinate outreach activities. By working more 
closely together, the VA components would be able to consolidate their 
efforts, share proven outreach mechanisms, and avoid duplication of 
effort that could waste scarce funding. Finally, the bill would give 
the VA grantmaking authority to award funds to State, local and 
community-based organizations to conduct outreach activities such as 
the WDVA's ``I Owe You Program.''
  I look forward to working with Chairman Akaka and the members of the 
Senate Veteran Affairs Committee to make the veteran outreach grant 
program a success. As we continue to deploy members of the Armed 
Services overseas at a staggering pace, it is essential that we ensure 
a smooth transition into the VA for all veterans in need of care. It is 
the least we can do.
                                 ______
                                 
      By Mrs. LINCOLN (for herself, Mr. Crapo, Mr. Alexander, Mr. 
        Pryor, Mr. Cornyn, Ms. Cantwell, Ms. Landrieu, Mrs. Murray, and 
        Mr. Vitter):
  S. 316. A bill to amend the Internal Revenue Code of 1986 to make 
permanent the reduction in the rate of tax on qualified timber gain of 
corporations, and for other purposes; to the Committee on Finance.
  Mrs. LINCOLN. Mr. President, I am very pleased to rise today to 
introduce the Timber Revitalization and Economic Enhancement Act II of 
2009 with my good friend, Senator Crapo of Idaho. I also want to say a 
special thanks to our cosponsors, Senators Alexander, Pryor, Cornyn, 
Cantwell, Landrieu, Murray, and Vitter.
  This legislation has commonly been referred to as the TREE Act. I 
appreciate that Congress understood the importance of the TREE Act with 
its inclusion and enactment in the Farm Bill last year. But, 
unfortunately, this tax policy is already set to expire in May. So 
today, my colleagues and I introduce the TREE Act II to make this 
important forest policy permanent.
  In my home State of Arkansas, the forest products industry is a 
foundation of our economy and culture. More than 50 percent of Arkansas 
land is forested. Much of this is sustainably managed to create 
products we use every day. In addition, there are jobs associated with 
the growing of these forests and manufacture of these great products. 
More than 32,000 Arkansas men and women work in our woods, at our 
sawmills and in our paper mills. These are good jobs located in our 
small rural towns.
  However, these jobs and this industry continue to face many 
challenges. During this economic crisis, the forest products industry 
has suffered greater dislocation than many others, and since 2006 has 
lost more than 181,000 jobs or roughly 14 percent of our workforce. The 
wood products industry has been particularly hard hit with 20 percent 
drops in employment. In Arkansas the impact is even greater, with a 
predicted 24 percent job loss in the wood products industry.
  The TREE Act II helps address these challenges. Just as it is 
important to have diversity in our forests, it is also important to 
maintain diversity in our forestry industry, and we must ensure that 
all business forms have the necessary tools so they can be successful 
in the global marketplace. Timber companies that are organized as 
corporations continue to be under intensifying pressure to reorganize. 
In that case, a corporation that owns substantial manufacturing 
facilities would be forced to sell some of those facilities and to make 
other structural changes in order to comply with the relevant tax rules 
that it would newly become subject to. This would likely cause 
disruptions in many of these communities and would also make it harder 
for U.S. companies to compete internationally.
  In Arkansas, like so many other States across our Nation, a strong 
forest product industry is essential to having a strong economy. A 
permanent solution to the TREE Act II is imperative for this industry 
and supporting the jobs it provides. I look forward to working with my 
colleagues on the Senate Finance Committee to ensure this important tax 
policy is made permanent.
                                 ______
                                 
      By Mr. FEINGOLD.
  S. 317. A bill to repeal the provision of law that provides automatic 
pay adjustments for Members of Congress; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. FEINGOLD. Mr. President, I am pleased to reintroduce legislation 
that would put an end to automatic pay raises for Members of Congress.
  As I have noted when I raised this issue in past years, because 
Congress has the authority to raise its own pay, something that most of 
our constituents cannot do, it ought to exercise that authority openly, 
and subject to regular procedures including debate, amendment, and a 
vote on the record.
  Regrettably, current law allows Congress to avoid that open debate 
and public vote. All that is necessary for Congress to get a pay raise 
is that nothing be done to stop it. The annual pay raise takes effect 
unless Congress acts to prevent it.
  This stealth system of pay raises began with a change Congress 
enacted in the Ethics Reform Act of 1989. On occasion, Congress has 
voted to deny itself the raise, and the traditional vehicle for the pay 
raise vote is the Treasury or more recently the Financial Services 
Appropriations bill. But as I have noted before, that vehicle is not 
always made available to those who want a public debate and vote on the 
matter. Last year, for example, Congress enacted a consolidated 
appropriations bill in which all but three appropriations bills were 
included. The traditional vehicle for the pay raise vote, the Financial 
Services Appropriations bill, was included in the massive consolidated 
appropriations bill, along with funding for eight other appropriations 
bills. Amendments to that consolidated appropriations bill were 
effectively shut off, thus, in particular, preventing any amendment 
that would have stopped the automatic pay raise from going into effect 
three months later in January of 2009. I voted against the consolidated 
appropriations bill in part because it did not permit an up or down 
vote on the Member pay raise.
  Sadly this is not an uncommon situation. As I have noted in the past, 
getting a vote on the annual congressional pay raise is a haphazard 
affair at best, and it should not be that way. The burden should not be 
on those who seek a public debate and recorded vote on the Member pay 
raise. On the contrary, Congress should have to act if it decides to 
award itself a hike in pay. This process of pay raises without 
accountability must end.
  This issue is not a new question. It was something that our Founders 
considered from the beginning of our Nation. In August of 1789, as part 
of the package of 12 amendments advocated by James Madison that 
included what has become our Bill of Rights, the House of 
Representatives passed an amendment to the Constitution providing that 
Congress could not raise its pay without an intervening election. On 
September 9, 1789, the Senate passed that amendment. In late September 
of 1789, Congress submitted the amendments to the States.
  Although the amendment on pay raises languished for 2 centuries, in 
the 1980s, a campaign began to ratify it. While I was a member of the 
Wisconsin State Senate, I was proud to help ratify the amendment. Its 
approval by the Michigan legislature on May 7, 1992, gave it the needed 
approval by \3/4\ of the States.
  The 27th Amendment to the Constitution now states: ``No law, varying 
the compensation for the services of the senators and representatives, 
shall take effect, until an election of representatives shall have 
intervened.''
  I honor that limitation. Throughout my 6-year term, I accept only the 
rate of pay that Senators receive on the date on which I was sworn in 
as a Senator. And I return to the Treasury any additional income 
Senators get, whether from a cost-of-living adjustment or a pay raise 
we vote for ourselves. I don't take a raise until my bosses, the people 
of Wisconsin, give me one at the ballot box. That is the spirit of the 
27th Amendment. At the very least, the stealth pay raises like the one 
that Congress allowed for 2009 certainly violate the spirit of that 
amendment.

[[Page S835]]

  This practice must end and this bill will end it. Senators and 
Congressmen should have to vote up-or-down to raise their pay, and my 
bill would require just that. We owe our constituents nothing less.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 317

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR 
                   MEMBERS OF CONGRESS.

       (a) In General.--Paragraph (2) of section 601(a) of the 
     Legislative Reorganization Act of 1946 (2 U.S.C. 31) is 
     repealed.
       (b) Technical and Conforming Amendments.--Section 601(a)(1) 
     of such Act is amended--
       (1) by striking ``(a)(1)'' and inserting ``(a)'';
       (2) by redesignating subparagraphs (A), (B), and (C) as 
     paragraphs (1), (2), and (3), respectively; and
       (3) by striking ``as adjusted by paragraph (2) of this 
     subsection'' and inserting ``adjusted as provided by law''.
       (c) Effective Date.--This section shall take effect on 
     February 1, 2011.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 318. A bill to amend title XVIII of the Social Security Act to 
improve access to health care under the Medicare program for 
beneficiaries residing in rural areas; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I am pleased to introduce the Medicare 
Rural Health Access Improvement Act of 2009.
  The purpose of this legislation is to continue ongoing efforts to 
ensure that Americans in rural areas have access to health care 
services. Much has been done in the past to improve access to rural 
providers such as hospitals and doctors. Much more still needs to be 
done. And it is even more important in light of the economic challenges 
we face.
  I hold town meetings in each of the 99 counties in the great state of 
Iowa every year. As many know, Iowa is largely a rural state, and a 
significant concern that I consistently hear during these meetings is 
the difficulty my constituents experience in accessing health care 
services. As the former Chairman and currently the Ranking Member of 
the Finance Committee, it has therefore been a priority for me to 
improve the availability of health care in rural areas.
  In Iowa, as in many rural areas across the country, hospitals are 
often not only the sole provider of health care in rural areas, but 
also employers and purchasers in the community. Moreover, the presence 
of a hospital is essential for purposes of economic development because 
businesses check to see if a hospital is in the community in which they 
might set up shop. As you can see, it is vital that these institutions 
are able to keep their doors open.
  In previous legislation, Congress has been able to improve the 
financial viability of rural hospitals. For instance, the creation and 
subsequent improvements to the Critical Access Hospital designation 
have greatly improved the financial health of certain small rural 
hospitals and ensured that community residents have access to health 
care.
  However, there are still a group of rural hospitals that need help. I 
am referring to what are known as ``tweener'' hospitals, which are too 
large to be Critical Access Hospitals, but too small to be financially 
viable under the Medicare hospital prospective payment systems. These 
facilities are struggling to stay afloat despite their tireless 
efforts. Like in many communities in across the country, the staff of 
tweener hospitals and their community residents take great pride in the 
quality of care at these facilities. I have heard countless stories of 
the exemplary work tweener hospitals in Iowa perform not only as 
providers of essential health care, but also as responsible members of 
their communities. It is for this reason that many provisions in this 
bill are intended to improve the financial health of tweener hospitals 
and ensure that people have access to health care.
  Most tweener hospitals are currently designated as Medicare Dependent 
Hospitals and Sole Community Hospitals under the Medicare program. 
There are provisions, both temporary and permanent, included in this 
bill that would improve Medicare payments for both types of hospitals. 
This includes improvements to the payment methodologies so that 
inpatient payments to Medicare Dependent Hospitals would better reflect 
the costs they incur in providing care. Improvements are also proposed 
in this bill to Medicare hospital outpatient payments for both Medicare 
Dependent Hospitals and Sole Community Hospitals so they would both 
share the benefit of hold harmless payments and add-on payments.
  Also, a major driver of the financial difficulties that tweener 
hospitals face is the fact that many have relatively low volumes of 
inpatient admissions. This bill would improve the existing low-volume 
add-on payment for hospitals so that more rural facilities with low 
volumes would receive the assistance they desperately need.
  Over the years, many have commented that it is simply unfair for many 
rural hospitals to receive only a limited amount of Medicare 
Disproportionate Share Hospital, or DSH, payments while many urban 
hospitals are not subject to such a cap. This bill would eliminate the 
cap for DSH payments for those rural hospitals for a two-year period.
  There are also other provisions that would continue to help rural 
hospitals. The rural flexibility program would be extended for an 
additional year. This essential program provides valuable resources for 
rural hospitals.
  This legislation also seeks to improve incentives for physicians 
located in rural areas and increase beneficiaries' access to rural 
health care providers. It includes provisions designed to reduce 
inequitable disparities in physician payment resulting from the 
Geographic Practice Cost Indices, or adjusters, known as GPCIs. 
Medicare payment for physician services varies from one area to another 
based on the geographic adjustments for a particular area. Geographic 
adjustments are intended to reflect cost differences in a given area 
compared to a national average of 1.0 so that an area with costs above 
the national average would have an index greater than 1.0, and an area 
below the national average would have an index less than 1.0. There are 
currently three geographic adjustments: for physician work, practice 
expense, and malpractice expense.
  Unfortunately, the existing geographic adjusters result in 
significant disparities in physician reimbursement which penalize, 
rather than equalize, physician payment in Iowa and other rural States. 
These geographic disparities in payment lead to rural states 
experiencing significant difficulties in recruiting and retaining 
physicians and other health care professionals due to their 
significantly lower reimbursement rates.
  These disparities have perverse effects when it comes to realigning 
Medicare payment to reward quality of care. Let me put that into 
context. Iowa is widely recognized as providing some of the highest 
quality health care in the country yet Iowa physicians receive some of 
the lowest Medicare reimbursement due to these inequitable geographic 
adjustments. Medicare reimbursement for some procedures is at least 30 
percent lower in Iowa than payment for those very procedures in other 
parts of the country. That is a significant disincentive for Iowa 
physicians who are providing some of the best quality care in the 
country, and it is fundamentally unfair. Congress needs to reduce these 
disparities in payment and focus on rewarding physicians who provide 
high quality care.
  The inequitable geographic payment formulas have also exacerbated the 
problems that rural areas face in terms of access to health care. Rural 
America today has far fewer physicians per capita than urban areas. The 
GPCI formulas are a dismal failure in promoting an adequate supply of 
physicians in states like Iowa, and more severe physician shortages in 
rural areas are predicted in the future.
  The legislation I am introducing today makes changes in the GPCI 
formulas for work and practice expense to reverse this trend. It 
recognizes the equality of physician work in all geographic areas and 
establishes a national value of 1.0 for the physician work adjustment. 
It establishes a practice expense floor of 1.0 floor and revises the 
calculation of the practice expense formula to reduce payment 
differences and more accurately compensate physicians in rural areas 
for

[[Page S836]]

their true practice costs. These changes are needed to help rural 
states recruit and retain more physicians so that beneficiaries will 
continue to have access to needed health care.
  Last year Congress enacted a number of other provisions to improve 
Medicare payment for health care professionals and providers in rural 
areas that will expire at the end of 2009. This bill extends the 
existing payment arrangements which allow independent laboratories to 
bill Medicare directly for certain physician pathology services through 
2010. It extends and improves the rural ambulance payments enacted in 
the Medicare Improvements for Providers and Patients Act of 2008 by 
increasing payments from three to five percent and extending them an 
additional year, through 2010. The bill also includes several new 
provisions to improve beneficiary access to health care services. It 
permanently increases the payment limits for rural health clinics. It 
also allows physician assistants to order post-hospital extended care 
services and to serve hospice patients.
  Finally, the bill would protect rural areas from being adversely 
affected by the new Medicare competitive bidding program for durable 
medical equipment. It would ensure that home medical equipment 
suppliers who provide equipment and services in rural areas and small 
metropolitan statistical areas, MSAs, with a population of 600,000 or 
less can continue to serve the Medicare program by exempting these 
areas from competitive bidding. We must ensure that rural areas 
continue to have medical equipment suppliers available to serve 
beneficiaries in these areas.
  As you can see, we still have much to do when it comes to ensuring 
access to health care in rural America. I look forward to working with 
my colleagues on this important matter.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Durbin):
  S. 319. A bill to amend the Public Health Service Act to provide 
grants to promote positive health behaviors in women and children; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, the legislation I am introducing today, 
entitled the Community Health Workers Act of 2009, will help improve 
access to health education and outreach services to women and children 
in medically underserved areas, including the U.S. border region along 
New Mexico.
  Lack of access to adequate health care and health education is a 
significant problem on the southern New Mexico border. While the 
problem of access is in part due to a lack of insurance, it is also 
attributable to non-financial barriers such as a shortage of 
physicians, hospitals, and other health professionals; inadequate 
transportation; a lack of bilingual health information and health 
providers; and a culturally insensitive system of care.
  This legislation would help overcome these impediments by providing 
$15 million in grants annually for a 3 year period to State, local, and 
tribal organizations, including community health centers and public 
health departments, for the purpose of hiring community health workers 
to provide health education, outreach, and referrals to women and 
families who otherwise would have little or no contact with health care 
services.
  Factors such as poverty, language, and cultural differences impede 
access to health care in medically underserved populations; hence, 
community health workers are in a unique position to improve health 
outcomes and quality of care for groups that have traditionally lacked 
access to adequate services. They often serve as ``community 
specialists'' and are members of the communities in which they work. As 
such they can effectively serve hard-to-reach populations.
  In a shining example of how community health workers serve their 
communities, a group of so-called ``Promotoras'', community health 
workers, in Dona Ana County were quickly mobilized during a recent 
flood emergency in rural New Mexico. These community health workers 
assisted in the disaster recovery efforts by partnering with the 
Federal Emergency Management Agency, FEMA, to find, inform and register 
flood victims for Federal disaster assistance. Their personal networks 
and knowledge of the local culture, language, needs, assets, and 
barriers greatly enhanced FEMA's community outreach efforts. The 
Promotoras of Dona Ana County demonstrate the important role community 
health workers could play in communities across the Nation, including 
increasing the effectiveness of new initiatives in homeland security 
and emergency preparedness, and in implementing risk communication 
strategies.
  The positive benefits of the community health worker model also have 
been documented in research studies. Research has shown that community 
health workers have been effective in increasing the utilization of 
health preventive services such as cancer screenings and medical follow 
up for elevated blood pressure and improving enrollment in publicly 
funded health insurance programs. In the case of uninsured children, a 
study by Dr. Glenn Flores, ``Community-Based Case Management in 
Insuring Uninsured Latino Children,'' published in the December 2005 
issue of Pediatrics found that uninsured children who received 
community-based case management were eight times more likely to obtain 
health insurance coverage than other children involved in the study 
because case workers were employed to address typical barriers to 
access, including insufficient knowledge about application processes 
and eligibility criteria, language barriers and family mobility issues, 
among others. This study confirms that community health workers could 
be highly effective in reducing the numbers of uninsured children, 
especially those who are at greatest risk for being uninsured. 
Preliminary investigation of a community health workers project in New 
Mexico similarly suggests that community health workers could be useful 
in improving enrollment in Medicaid and the State Children's Health 
Insurance Program.
  According to a 2003 Institute of Medicine, IOM, report entitled, 
``Unequal Treatment: Confronting Racial and Ethnic Disparities in 
Healthcare,'' community health workers offer promise as a community-
based resource to increase racial and ethnic minorities' access to 
health care and to serve as a liaison between healthcare providers and 
the communities they serve.
  Although the community health worker model is valued in the New 
Mexico border region as well as other parts of the country that 
encounter challenges of meeting the health care needs of medically 
underserved populations, these programs often have difficulty securing 
adequate financial resources to maintain and expand upon their 
services. As a result, many of these programs are significantly limited 
in their ability to meet the ongoing and emerging health demands of 
their communities.
  The IOM report also noted that ``programs to support the use of 
community health workers . . .  especially among medically underserved 
and racial and ethnic minority populations, should be expanded, 
evaluated, and replicated.''
  I am introducing this legislation to increase resources for a model 
that has shown significant promise for increasing access to quality 
health care and health education for families in medically underserved 
communities.
  Mr. President, I ask unanimous consent that this statement and the 
text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 319

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Health Workers Act 
     of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Chronic diseases, defined as any condition that 
     requires regular medical attention or medication, are the 
     leading cause of death and disability for women in the United 
     States across racial and ethnic groups.
       (2) According to the National Vital Statistics Report of 
     2001, the 5 leading causes of death among Hispanic, American 
     Indian, and African-American women are heart disease, cancer, 
     diabetes, cerebrovascular disease, and unintentional 
     injuries.
       (3) Unhealthy behaviors alone lead to more than 50 percent 
     of premature deaths in the United States.
       (4) Poor diet, physical inactivity, tobacco use, and 
     alcohol and drug abuse are the health risk behaviors that 
     most often lead to disease, premature death, and disability, 
     and

[[Page S837]]

     are particularly prevalent among many groups of minority 
     women.
       (5) Over 60 percent of Hispanic and African-American women 
     are classified as overweight and over 30 percent are 
     classified as obese. Over 60 percent of American Indian women 
     are classified as obese.
       (6) American Indian women have the highest mortality rates 
     related to alcohol and drug use of all women in the United 
     States.
       (7) High poverty rates coupled with barriers to health 
     preventive services and medical care contribute to racial and 
     ethnic disparities in health factors, including premature 
     death, life expectancy, risk factors associated with major 
     diseases, and the extent and severity of illnesses.
       (8) There is increasing evidence that early life 
     experiences are associated with adult chronic disease and 
     that prevention and intervention services provided within the 
     community and the home may lessen the impact of chronic 
     outcomes, while strengthening families and communities.
       (9) Community health workers, who are primarily women, can 
     be a critical component in conducting health promotion and 
     disease prevention efforts in medically underserved 
     populations.
       (10) Recognizing the difficult barriers confronting 
     medically underserved communities (poverty, geographic 
     isolation, language and cultural differences, lack of 
     transportation, low literacy, and lack of access to 
     services), community health workers are in a unique position 
     to reduce preventable morbidity and mortality, improve the 
     quality of life, and increase the utilization of available 
     preventive health services for community members.
       (11) Research has shown that community health workers have 
     been effective in significantly increasing health insurance 
     coverage, screening and medical follow-up visits among 
     residents with limited access or underutilization of health 
     care services.
       (12) States on the United States-Mexico border have high 
     percentages of impoverished and ethnic minority populations: 
     border States accommodate 60 percent of the total Hispanic 
     population and 23 percent of the total population below 200 
     percent poverty in the United States.

     SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN.

       Part P of title III of the Public Health Service Act (42 
     U.S.C. 280g et seq.) is amended--
       (1) by redesignating the second section 399R (relating to 
     the amyotrophic lateral sclerosis registry (42 U.S.C. 280g-
     7)) and the third section 399R (relating to support for 
     patients receiving a positive diagnosis of down syndrome or 
     other prenatally or postnatally diagnosed conditions (42 
     U.S.C. 280g-8)) as sections 399S and 399T respectively; and
       (2) by adding at the end the following:

     ``SEC. 399U. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN 
                   WOMEN.

       ``(a) Grants Authorized.--The Secretary, in collaboration 
     with the Director of the Centers for Disease Control and 
     Prevention and other Federal officials determined appropriate 
     by the Secretary, is authorized to award grants to States or 
     local or tribal units, to promote positive health behaviors 
     for women and children in target populations, especially 
     racial and ethnic minority women and children in medically 
     underserved communities.
       ``(b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may be used to support community health workers--
       ``(1) to educate, guide, and provide outreach in a 
     community setting regarding health problems prevalent among 
     women and children and especially among racial and ethnic 
     minority women and children;
       ``(2) to educate, guide, and provide experiential learning 
     opportunities that target behavioral risk factors including--
       ``(A) poor nutrition;
       ``(B) physical inactivity;
       ``(C) being overweight or obese;
       ``(D) tobacco use;
       ``(E) alcohol and substance use;
       ``(F) injury and violence;
       ``(G) risky sexual behavior; and
       ``(H) mental health problems;
       ``(3) to educate and guide regarding effective strategies 
     to promote positive health behaviors within the family;
       ``(4) to educate and provide outreach regarding enrollment 
     in health insurance including the State Children's Health 
     Insurance Program under title XXI of the Social Security Act, 
     Medicare under title XVIII of such Act and Medicaid under 
     title XIX of such Act;
       ``(5) to promote community wellness and awareness; and
       ``(6) to educate and refer target populations to 
     appropriate health care agencies and community-based programs 
     and organizations in order to increase access to quality 
     health care services, including preventive health services.
       ``(c) Application.--
       ``(1) In general.--Each State or local or tribal unit 
     (including federally recognized tribes and Alaska native 
     villages) that desires to receive a grant under subsection 
     (a) shall submit an application to the Secretary, at such 
     time, in such manner, and accompanied by such additional 
     information as the Secretary may require.
       ``(2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       ``(A) describe the activities for which assistance under 
     this section is sought;
       ``(B) contain an assurance that with respect to each 
     community health worker program receiving funds under the 
     grant awarded, such program provides training and supervision 
     to community health workers to enable such workers to provide 
     authorized program services;
       ``(C) contain an assurance that the applicant will evaluate 
     the effectiveness of community health worker programs 
     receiving funds under the grant;
       ``(D) contain an assurance that each community health 
     worker program receiving funds under the grant will provide 
     services in the cultural context most appropriate for the 
     individuals served by the program;
       ``(E) contain a plan to document and disseminate project 
     description and results to other States and organizations as 
     identified by the Secretary; and
       ``(F) describe plans to enhance the capacity of individuals 
     to utilize health services and health-related social services 
     under Federal, State, and local programs by--
       ``(i) assisting individuals in establishing eligibility 
     under the programs and in receiving the services or other 
     benefits of the programs; and
       ``(ii) providing other services as the Secretary determines 
     to be appropriate, that may include transportation and 
     translation services.
       ``(d) Priority.--In awarding grants under subsection (a), 
     the Secretary shall give priority to those applicants--
       ``(1) who propose to target geographic areas--
       ``(A) with a high percentage of residents who are eligible 
     for health insurance but are uninsured or underinsured;
       ``(B) with a high percentage of families for whom English 
     is not their primary language; and
       ``(C) that encompass the United States-Mexico border 
     region;
       ``(2) with experience in providing health or health-related 
     social services to individuals who are underserved with 
     respect to such services; and
       ``(3) with documented community activity and experience 
     with community health workers.
       ``(e) Collaboration With Academic Institutions.--The 
     Secretary shall encourage community health worker programs 
     receiving funds under this section to collaborate with 
     academic institutions. Nothing in this section shall be 
     construed to require such collaboration.
       ``(f) Quality Assurance and Cost-Effectiveness.--The 
     Secretary shall establish guidelines for assuring the quality 
     of the training and supervision of community health workers 
     under the programs funded under this section and for assuring 
     the cost-effectiveness of such programs.
       ``(g) Monitoring.--The Secretary shall monitor community 
     health worker programs identified in approved applications 
     and shall determine whether such programs are in compliance 
     with the guidelines established under subsection (f).
       ``(h) Technical Assistance.--The Secretary may provide 
     technical assistance to community health worker programs 
     identified in approved applications with respect to planning, 
     developing, and operating programs under the grant.
       ``(i) Report to Congress.--
       ``(1) In general.--Not later than 4 years after the date on 
     which the Secretary first awards grants under subsection (a), 
     the Secretary shall submit to Congress a report regarding the 
     grant project.
       ``(2) Contents.--The report required under paragraph (1) 
     shall include the following:
       ``(A) A description of the programs for which grant funds 
     were used.
       ``(B) The number of individuals served.
       ``(C) An evaluation of--
       ``(i) the effectiveness of these programs;
       ``(ii) the cost of these programs; and
       ``(iii) the impact of the project on the health outcomes of 
     the community residents.
       ``(D) Recommendations for sustaining the community health 
     worker programs developed or assisted under this section.
       ``(E) Recommendations regarding training to enhance career 
     opportunities for community health workers.
       ``(j) Definitions.--In this section:
       ``(1) Community health worker.--The term `community health 
     worker' means an individual who promotes health or nutrition 
     within the community in which the individual resides--
       ``(A) by serving as a liaison between communities and 
     health care agencies;
       ``(B) by providing guidance and social assistance to 
     community residents;
       ``(C) by enhancing community residents' ability to 
     effectively communicate with health care providers;
       ``(D) by providing culturally and linguistically 
     appropriate health or nutrition education;
       ``(E) by advocating for individual and community health or 
     nutrition needs; and
       ``(F) by providing referral and followup services.
       ``(2) Community setting.--The term `community setting' 
     means a home or a community organization located in the 
     neighborhood in which a participant resides.
       ``(3) Medically underserved community.--The term `medically 
     underserved community' means a community identified by a 
     State--

[[Page S838]]

       ``(A) that has a substantial number of individuals who are 
     members of a medically underserved population, as defined by 
     section 330(b)(3); and
       ``(B) a significant portion of which is a health 
     professional shortage area as designated under section 332.
       ``(4) Support.--The term `support' means the provision of 
     training, supervision, and materials needed to effectively 
     deliver the services described in subsection (b), 
     reimbursement for services, and other benefits.
       ``(5) Target population.--The term `target population' 
     means women of reproductive age, regardless of their current 
     childbearing status and children under 21 years of age.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $15,000,000 for each of fiscal years 2010, 2011, and 2012.''.
                                 ______
                                 
      By Mr. VOINOVICH (for himself and Mr. Tester, and Ms. Klobuchar):
  S. 321. A bill to require the Secretary of Homeland Security and the 
Secretary of State to accept passport cards at air ports of entry and 
for other purposes; to the Committee on the Judiciary.
  Mr. VOINOVICH. Mr. President, I rise today with Senators Tester and 
Klobuchar to introduce the Passport Card Travel Enhancement Act of 2009 
in order to allow United States citizens to use passport cards for air 
travel between the United States and Canada, Mexico, Bermuda and the 
Caribbean.
  Over the past several years, the Departments of State, State, and 
Homeland Security, DHS, have worked hard to implement the Western 
Hemisphere Travel Initiative, WHTI, as recommended by the National 
Commission on Terrorist Attacks Upon the United States. As part of 
those efforts, State has developed the United States passport card as a 
cheaper, more portable alternative to a United States passport book. 
The passport card is adjudicated to the exact same standards as the 
passport book and allows United States citizens to enter United States 
land and sea ports-of-entry from Canada, Mexico, the Caribbean and 
Bermuda, but the card does not allow for any air travel. In my mind, 
this discrepancy makes no sense, and the passport card should allow for 
air travel between the United States and Canada, Mexico, Bermuda and 
the Caribbean for several reasons.
  First, prior to 2007, United States citizens rarely needed a passport 
to enter the United States by air from Canada, Mexico, Bermuda or the 
Caribbean. Rather, United States citizens were only required to satisfy 
inspecting officers of their identities and citizenship. This practice 
changed in 2007, when WHTI went into effect for air travel. I think we 
all recall the events that occurred following WHTI air implementation, 
when State was deluged with passport applications, the time necessary 
to get a passport expanded from the typical four to six weeks to 
several months, and some Americans were forced to cancel trips. We need 
to avoid problems like that in the future by providing United States 
citizens with more documents that comply with WHTI.
  Further, State's ``Card Format Passport; Changes to Passport Fee 
Schedule'' final rule states that the passport card ``is not intended 
to be a globally interoperable travel document,'' and ``will not be 
designed to meet the International Civil Aviation Organization, ICAO, 
standards and recommendations for globally interoperable passports,'' 
but I do not believe that these facts mean that the passport card 
cannot be used for limited, western hemisphere air travel. In fact, I 
question whether globally interoperable passport standards and 
recommendations need be met in order to use passport cards for the 
limited flights allowed by the Passport Card Travel Enhancement Act of 
2009 because DHS's NEXUS card, which does not meet ICAO standards, is 
currently accepted as an alternative to a passport for some air travel 
between the United States and Canada.
  Lastly, in today's current economic climate, I believe we must foster 
secure, legitimate trade and tourism between the United States and our 
allies. Providing additional, less expensive ways for our constituents 
to comply with WHTI is good government and makes sense for our Nation's 
security and economic prosperity.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 321

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Passport Card Travel 
     Enhancement Act of 2009''.

     SEC. 2. PASSPORT CARD DEFINED.

       In this Act, the term ``passport card'' means the 
     document--
       (1) known as a passport card that is issued to a national 
     of the United States on the same basis as a regular passport; 
     and
       (2) that the Secretary of State began issuing during 2008.

     SEC. 3. PASSPORT CARDS FOR AIR TRAVEL.

       (a) Requirement to Accept Passport Cards for Air Travel.--
     Notwithstanding any regulation issued by the Secretary of 
     Homeland Security or the Secretary of State, the Secretary of 
     Homeland Security and the Secretary of State shall permit a 
     passport card issued to a citizen of the United States to 
     serve as proof of identify and citizenship of such citizen if 
     such citizen is departing from or entering the United States 
     through an air port of entry for travel that terminates or 
     originates in--
       (1) Bermuda;
       (2) Canada;
       (3) a foreign country located in the Caribbean; or
       (4) Mexico.
       (b) Fees for Passport Cards.--Neither the Secretary of 
     State or the Secretary of Homeland Security may increase, or 
     propose an increase to, the fee for issuance of a passport 
     card as a result of the requirements of subsection (a).
       (c) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of Homeland shall issue final regulations to 
     implement this Act.
                                 ______
                                 
      By Mr. McConnell (for himself, Mr. Kyl, Mr. Vitter, Mr. 
        Chambliss, Mr. Bunning, Mr. Gregg, Mr. Coburn, Mr. Burr, Mr. 
        Isakson, Mr. Graham, Mr. Inhofe, Mr. Cornyn, Mr. Brownback, Mr. 
        Cochran, Mr. Ensign, Mr. Thune, Mr. DeMint, Mr. Bennett, and 
        Mr. Barrasso):
  S. 326. A bill to amend title XXI of the Social Security Act to 
reauthorize the State Children's Health Insurance Program through 
fiscal year 2013, and for other purposes; to the Committee on Finance.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 326

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Kids First 
     Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reauthorization through fiscal year 2013.
Sec. 3. Allotments for the 50 States and the District of Columbia based 
              on expenditures and numbers of low-income children.
Sec. 4. Limitations on matching rates for populations other than low-
              income children or pregnant women covered through a 
              section 1115 waiver.
Sec. 5. Prohibition on new section 1115 waivers for coverage of adults 
              other than pregnant women.
Sec. 6. Standardization of determination of family income for targeted 
              low-income children under title XXI and optional targeted 
              low-income children under title XIX.
Sec. 7. Grants for outreach and enrollment.
Sec. 8. Improved State option for offering premium assistance for 
              coverage of children through private plans under SCHIP 
              and Medicaid.
Sec. 9. Treatment of unborn children.
Sec. 10. 50 percent matching rate for all Medicaid administrative 
              costs.
Sec. 11. Reduction in payments for Medicaid administrative costs to 
              prevent duplication of such payments under TANF.
Sec. 12. Elimination of waiver of certain Medicaid provider tax 
              provisions.
Sec. 13. Elimination of special payments for certain public hospitals.
Sec. 14. Effective date; coordination of funding for fiscal year 2009.

     SEC. 2. REAUTHORIZATION THROUGH FISCAL YEAR 2013.

       (a) Increase in National Allotment.--Section 2104 of the 
     Social Security Act (42 U.S.C. 1397dd(a)) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (10);

[[Page S839]]

       (B) in paragraph (11)--
       (i) by striking ``each of fiscal years 2008 and 2009'' and 
     inserting ``fiscal year 2008''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(12) for fiscal year 2009, $7,780,000,000;
       ``(13) for fiscal year 2010, $8,044,000,000;
       ``(14) for fiscal year 2011, $8,568,000,000;
       ``(15) for fiscal year 2012, $9,032,000,000; and
       ``(16) for fiscal year 2013, $9,505,000,000.''; and
       (2) in subsection (c)(4)(B), by striking ``2009'' and 
     inserting ``2008, $62,000,000 for fiscal year 2009, 
     $64,000,000 for fiscal year 2010, $68,000,000 for fiscal year 
     2011, $72,000,000 for fiscal year 2012, and $75,000,000 for 
     fiscal year 2013''.
       (b) Repeal of Limitation on Availability of Funding for 
     Fiscal Years 2008 and 2009.--Section 201 of the Medicare, 
     Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-
     173) is amended--
       (1) in subsection (a), by striking paragraph (2) and 
     redesignating paragraphs (3) and (4), as paragraphs (2) and 
     (3) respectively; and
       (2) in subsection (b), by striking paragraph (2).

     SEC. 3. ALLOTMENTS FOR THE 50 STATES AND THE DISTRICT OF 
                   COLUMBIA BASED ON EXPENDITURES AND NUMBERS OF 
                   LOW-INCOME CHILDREN.

       (a) In General.--Section 2104 of the Social Security Act 
     (42 U.S.C. 1397dd) is amended by adding at the end the 
     following new subsection:
       ``(m) Determination of Allotments for the 50 States and the 
     District of Columbia for Fiscal Years 2009 Through 2013.--
       ``(1) In general.--Notwithstanding the preceding provisions 
     of this subsection and subject to paragraph (3), the 
     Secretary shall allot to each subsection (b) State for each 
     of fiscal years 2009 through 2013, the amount determined for 
     the fiscal year that is equal to the product of--
       ``(A) the amount available for allotment under subsection 
     (a) for the fiscal year, reduced by the amount of allotments 
     made under subsection (c) (determined without regard to 
     paragraph (4) thereof) for the fiscal year; and
       ``(B) the sum of the State allotment factors determined 
     under paragraph (2) with respect to the State and weighted in 
     accordance with subparagraph (B) of that paragraph for the 
     fiscal year.
       ``(2) State allotment factors.--
       ``(A) In general.--For purposes of paragraph (1)(B), the 
     State allotment factors are the following:
       ``(i) The ratio of the projected expenditures for targeted 
     low-income children under the State child health plan and 
     pregnant women under a waiver of such plan for the fiscal 
     year to the sum of such projected expenditures for all States 
     for the fiscal year, multiplied by the applicable percentage 
     weight assigned under subparagraph (B).
       ``(ii) The ratio of the number of low-income children who 
     have not attained age 19 with no health insurance coverage in 
     the State, as determined by the Secretary on the basis of the 
     arithmetic average of the number of such children for the 3 
     most recent Annual Social and Economic Supplements to the 
     Current Population Survey of the Bureau of the Census 
     available before the beginning of the calendar year before 
     such fiscal year begins, to the sum of the number of such 
     children determined for all States for such fiscal year, 
     multiplied by the applicable percentage weight assigned under 
     subparagraph (B).
       ``(iii) The ratio of the projected expenditures for 
     targeted low-income children under the State child health 
     plan and pregnant women under a waiver of such plan for the 
     preceding fiscal year to the sum of such projected 
     expenditures for all States for such preceding fiscal year, 
     multiplied by the applicable percentage weight assigned under 
     subparagraph (B).
       ``(iv) The ratio of the actual expenditures for targeted 
     low-income children under the State child health plan and 
     pregnant women under a waiver of such plan for the second 
     preceding fiscal year to the sum of such actual expenditures 
     for all States for such second preceding fiscal year, 
     multiplied by the applicable percentage weight assigned under 
     subparagraph (B).
       ``(B) Assignment of weights.--For each of fiscal years 2009 
     through 2013, the following percentage weights shall be 
     applied to the ratios determined under subparagraph (A) for 
     each such fiscal year:
       ``(i) 40 percent for the ratio determined under 
     subparagraph (A)(i).
       ``(ii) 5 percent for the ratio determined under 
     subparagraph (A)(ii).
       ``(iii) 50 percent for the ratio determined under 
     subparagraph (A)(iii).
       ``(iv) 5 percent for the ratio determined under 
     subparagraph (A)(iv).
       ``(C) Determination of projected and actual expenditures.--
     For purposes of subparagraph (A):
       ``(i) Projected expenditures.--The projected expenditures 
     described in clauses (i) and (iii) of such subparagraph with 
     respect to a fiscal year shall be determined on the basis of 
     amounts reported by States to the Secretary on the May 15th 
     submission of Form CMS-37 and Form CMS-21B submitted not 
     later than June 30th of the fiscal year preceding such year.
       ``(ii) Actual expenditures.--The actual expenditures 
     described in clause (iv) of such subparagraph with respect to 
     a second preceding fiscal year shall be determined on the 
     basis of amounts reported by States to the Secretary on Form 
     CMS-64 and Form CMS-21 submitted not later than November 30 
     of the preceding fiscal year.''.
       (b) 2-Year Availability of Allotments; Expenditures Counted 
     Against Oldest Allotments.--Section 2104(e) of the Social 
     Security Act (42 U.S.C. 1397dd(e)) is amended to read as 
     follows:
       ``(e) Availability of Amounts Allotted.--
       ``(1) In general.--Except as provided in the succeeding 
     paragraphs of this subsection, amounts allotted to a State 
     pursuant to this section--
       ``(A) for each of fiscal years 1998 through 2008, shall 
     remain available for expenditure by the State through the end 
     of the second succeeding fiscal year; and
       ``(B) for each of fiscal years 2009 through 2013, shall 
     remain available for expenditure by the State only through 
     the end of the fiscal year succeeding the fiscal year for 
     which such amounts are allotted.
       ``(2) Elimination of redistribution of allotments not 
     expended within 3 years.--Notwithstanding subsection (f), 
     amounts allotted to a State under this section for fiscal 
     years beginning with fiscal year 2009 that remain unexpended 
     as of the end of the fiscal year succeeding the fiscal year 
     for which the amounts are allotted shall not be redistributed 
     to other States and shall revert to the Treasury on October 1 
     of the third succeeding fiscal year.
       ``(3) Rule for counting expenditures against fiscal year 
     allotments.--Expenditures under the State child health plan 
     made on or after April 1, 2009, shall be counted against 
     allotments for the earliest fiscal year for which funds are 
     available for expenditure under this subsection.''.
       (c) Conforming Amendments.--
       (1) Section 2104(b)(1) of the Social Security Act (42 
     U.S.C. 1397dd(b)(1)) is amended by striking ``subsection 
     (d)'' and inserting ``the succeeding subsections of this 
     section''.
       (2) Section 2104(f) of such Act (42 U.S.C. 1397dd(f)) is 
     amended by striking ``The'' and inserting ``Subject to 
     subsection (e)(2), the''.

     SEC. 4. LIMITATIONS ON MATCHING RATES FOR POPULATIONS OTHER 
                   THAN LOW-INCOME CHILDREN OR PREGNANT WOMEN 
                   COVERED THROUGH A SECTION 1115 WAIVER.

       (a) Limitation on Payments.--Section 2105(c) of the Social 
     Security Act (42 U.S.C. 1397ee(c)) is amended by adding at 
     the end the following new paragraph:
       ``(8) Limitations on matching rate for populations other 
     than targeted low-income children or pregnant women covered 
     through a section 1115 waiver.--For child health assistance 
     or health benefits coverage furnished in any fiscal year 
     beginning with fiscal year 2010:
       ``(A) FMAP applied to payments for coverage of children or 
     pregnant women covered through a section 1115 waiver enrolled 
     in the state child health plan on the date of enactment of 
     the kids first act and whose gross family income is 
     determined to exceed the income eligibility level specified 
     for a targeted low-income child.--Notwithstanding subsections 
     (b)(1)(B) and (d) of section 2110, in the case of any 
     individual described in subsection (c) of section 105 of the 
     Kids First Act who the State elects to continue to provide 
     child health assistance for under the State child health plan 
     in accordance with the requirements of such subsection, the 
     Federal medical assistance percentage (as determined under 
     section 1905(b) without regard to clause (4) of such section) 
     shall be substituted for the enhanced FMAP under subsection 
     (a)(1) with respect to such assistance.
       ``(B) FMAP applied to payments only for nonpregnant 
     childless adults and parents and caretaker relatives enrolled 
     under a section 1115 waiver on the date of enactment of the 
     kids first act.--The Federal medical assistance percentage 
     (as determined under section 1905(b) without regard to clause 
     (4) of such section) shall be substituted for the enhanced 
     FMAP under subsection (a)(1) with respect to payments for 
     child health assistance or health benefits coverage provided 
     under the State child health plan for any of the following:
       ``(i) Parents or caretaker relatives enrolled under a 
     waiver on the date of enactment of the kids first act.--A 
     nonpregnant parent or a nonpregnant caretaker relative of a 
     targeted low-income child who is enrolled in the State child 
     health plan under a waiver, experimental, pilot, or 
     demonstration project on the date of enactment of the Kids 
     First Act and whose family income does not exceed the income 
     eligibility applied under such waiver with respect to that 
     population on such date.
       ``(ii) Nonpregnant childless adults enrolled under a waiver 
     on such date.--A nonpregnant childless adult enrolled in the 
     State child health plan under a waiver, experimental, pilot, 
     or demonstration project described in section 6102(c)(3) of 
     the Deficit Reduction Act of 2005 (42 U.S.C. 1397gg note) on 
     the date of enactment of the Kids First Act and whose family 
     income does not exceed the income eligibility applied under 
     such waiver with respect to that population on such date.
       ``(iii) No replacement enrollees.--Nothing in clauses (i) 
     or (ii) shall be construed as authorizing a State to provide 
     child health assistance or health benefits coverage under a 
     waiver described in either such clause to a nonpregnant 
     parent or a nonpregnant caretaker relative of a targeted low-
     income

[[Page S840]]

     child, or a nonpregnant childless adult, who is not enrolled 
     under the waiver on the date of enactment of the Kids First 
     Act.
       ``(C) No federal payment for any new nonpregnant adult 
     enrollees or for such enrollees who no longer satisfy income 
     eligibility requirements.--Payment shall not be made under 
     this section for child health assistance or other health 
     benefits coverage provided under the State child health plan 
     or under a waiver under section 1115 for any of the 
     following:
       ``(i) Parents or caretaker relatives under a section 1115 
     waiver approved after the date of enactment of the kids first 
     act.--A nonpregnant parent or a nonpregnant caretaker 
     relative of a targeted low-income child under a waiver, 
     experimental, pilot, or demonstration project that is 
     approved on or after the date of enactment of the Kids First 
     Act.
       ``(ii) Parents, caretaker relatives, and nonpregnant 
     childless adults whose family income exceeds the income 
     eligibility level specified under a section 1115 waiver 
     approved prior to the kids first act.--Any nonpregnant parent 
     or a nonpregnant caretaker relative of a targeted low-income 
     child whose family income exceeds the income eligibility 
     level referred to in subparagraph (B)(i), and any nonpregnant 
     childless adult whose family income exceeds the income 
     eligibility level referred to in subparagraph (B)(ii).
       ``(iii) Nonpregnant childless adults, parents, or caretaker 
     relatives not enrolled under a section 1115 waiver on the 
     date of enactment of the kids first act.--Any nonpregnant 
     parent or a nonpregnant caretaker relative of a targeted low-
     income child who is not enrolled in the State child health 
     plan under a section 1115 waiver, experimental, pilot, or 
     demonstration project referred to in subparagraph (B)(i) on 
     the date of enactment of the Kids First Act, and any 
     nonpregnant childless adult who is not enrolled in the State 
     child health plan under a section 1115 waiver, experimental, 
     pilot, or demonstration project referred to in subparagraph 
     (B)(ii)(I) on such date.
       ``(D) Definition of caretaker relative.--In this 
     subparagraph, the term `caretaker relative' has the meaning 
     given that term for purposes of carrying out section 1931.
       ``(E) Rule of construction.--Nothing in this paragraph 
     shall be construed as implying that payments for coverage of 
     populations for which the Federal medical assistance 
     percentage (as so determined) is to be substituted for the 
     enhanced FMAP under subsection (a)(1) in accordance with this 
     paragraph are to be made from funds other than the allotments 
     determined for a State under section 2104.''.
       (b) Conforming Amendment.--Section 2105(a)(1) of the Social 
     Security Act ( 42 U.S.C. 1397dd(a)(1)) is amended, in the 
     matter preceding subparagraph (A), by inserting ``or 
     subsection (c)(8)'' after ``subparagraph (B)''.

     SEC. 5. PROHIBITION ON NEW SECTION 1115 WAIVERS FOR COVERAGE 
                   OF ADULTS OTHER THAN PREGNANT WOMEN.

       (a) In General.--Section 2107(f) of the Social Security Act 
     (42 U.S.C. 1397gg(f)) is amended--
       (1) by striking ``, the Secretary'' and inserting ``:
       ``(1) The Secretary''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) The Secretary may not approve, extend, renew, or 
     amend a waiver, experimental, pilot, or demonstration project 
     with respect to a State after the date of enactment of the 
     Kids First Act that would allow funds made available under 
     this title to be used to provide child health assistance or 
     other health benefits coverage for any other adult other than 
     a pregnant woman whose family income does not exceed the 
     income eligibility level specified for a targeted low-income 
     child in that State under a waiver or project approved as of 
     such date.
       ``(3) The Secretary may not approve, extend, renew, or 
     amend a waiver, experimental, pilot, or demonstration project 
     with respect to a State after the date of enactment of the 
     Kids First Act that would waive or modify the requirements of 
     section 2105(c)(8).''.
       (b) Clarification of Authority for Coverage of Pregnant 
     Women.--Section 2106 of the Social Security Act (42 U.S.C. 
     1397ff) is amended by adding at the end the following new 
     subsection:
       ``(f) No Authority To Cover Pregnant Women Through State 
     Plan.--For purposes of this title, a State may provide 
     assistance to a pregnant woman under the State child health 
     plan only--
       ``(1) by virtue of a waiver under section 1115; or
       ``(2) through the application of sections 457.10, 
     457.350(b)(2), 457.622(c)(5), and 457.626(a)(3) of title 42, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of the Kids First Act).''.
       (c) Assurance of Notice to Affected Enrollees.--The 
     Secretary of Health and Human Services shall establish 
     procedures to ensure that States provide adequate public 
     notice for parents, caretaker relatives, and nonpregnant 
     childless adults whose eligibility for child health 
     assistance or health benefits coverage under a waiver under 
     section 1115 of the Social Security Act will be terminated as 
     a result of the amendments made by subsection (a), and that 
     States otherwise adhere to regulations of the Secretary 
     relating to procedures for terminating waivers under section 
     1115 of the Social Security Act.

     SEC. 6. STANDARDIZATION OF DETERMINATION OF FAMILY INCOME FOR 
                   TARGETED LOW-INCOME CHILDREN UNDER TITLE XXI 
                   AND OPTIONAL TARGETED LOW-INCOME CHILDREN UNDER 
                   TITLE XIX.

       (a) Eligibility Based on Gross Income.--
       (1) In general.--Section 2110 of the Social Security Act 
     (42 U.S.C. 1397jj) is amended--
       (A) in subsection (b)(1)(A), by inserting ``in accordance 
     with subsection (d)'' after ``State plan''; and
       (B) by adding at the end the following new subsection:
       ``(d) Standardization of Determination of Family Income.--A 
     State shall determine family income for purposes of 
     determining income eligibility for child health assistance or 
     other health benefits coverage under the State child health 
     plan (or under a waiver of such plan under section 1115) 
     solely on the basis of the gross income (as defined by the 
     Secretary) of the family.''.
       (2) Prohibition on waiver of requirements.--Section 2107(f) 
     (42 U.S.C. 1397gg(f)), as amended by section 5(a), is amended 
     by adding at the end the following new paragraph:
       ``(4) The Secretary may not approve a waiver, experimental, 
     pilot, or demonstration project with respect to a State after 
     the date of enactment of the Kids First Act that would waive 
     or modify the requirements of section 2110(d) (relating to 
     determining income eligibility on the basis of gross income) 
     and regulations promulgated to carry out such 
     requirements.''.
       (b) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate interim final regulations defining 
     gross income for purposes of section 2110(d) of the Social 
     Security Act, as added by subsection (a).
       (c) Application to Current Enrollees.--The interim final 
     regulations promulgated under subsection (b) shall not be 
     used to determine the income eligibility of any individual 
     enrolled in a State child health plan under title XXI of the 
     Social Security Act on the date of enactment of this Act 
     before the date on which such eligibility of the individual 
     is required to be redetermined under the plan as in effect on 
     such date. In the case of any individual enrolled in such 
     plan on such date who, solely as a result of the application 
     of subsection (d) of section 2110 of the Social Security Act 
     (as added by subsection (a)) and the regulations promulgated 
     under subsection (b), is determined to be ineligible for 
     child health assistance under the State child health plan, a 
     State may elect, subject to substitution of the Federal 
     medical assistance percentage for the enhanced FMAP under 
     section 2105(c)(8)(A) of the Social Security Act (as added by 
     section 4(a)), to continue to provide the individual with 
     such assistance for so long as the individual otherwise would 
     be eligible for such assistance and the individual's family 
     income, if determined under the income and resource standards 
     and methodologies applicable under the State child health 
     plan on September 30, 2008, would not exceed the income 
     eligibility level applicable to the individual under the 
     State child health plan.

     SEC. 7. GRANTS FOR OUTREACH AND ENROLLMENT.

       (a) Grants.--Title XXI of the Social Security Act (42 
     U.S.C. 1397aa et seq.) is amended by adding at the end the 
     following:

     ``SEC. 2111. GRANTS TO IMPROVE OUTREACH AND ENROLLMENT.

       ``(a) Outreach and Enrollment Grants; National Campaign.--
       ``(1) In general.--From the amounts appropriated for a 
     fiscal year under subsection (f), subject to paragraph (2), 
     the Secretary shall award grants to eligible entities to 
     conduct outreach and enrollment efforts that are designed to 
     increase the enrollment and participation of eligible 
     children under this title and title XIX.
       ``(2) 10 percent set aside for national enrollment 
     campaign.--An amount equal to 10 percent of such amounts for 
     the fiscal year shall be used by the Secretary for 
     expenditures during the fiscal year to carry out a national 
     enrollment campaign in accordance with subsection (g).
       ``(b) Award of Grants.--
       ``(1) Priority for awarding.--
       ``(A) In general.--In awarding grants under subsection (a), 
     the Secretary shall give priority to eligible entities that--
       ``(i) propose to target geographic areas with high rates 
     of--

       ``(I) eligible but unenrolled children, including such 
     children who reside in rural areas; or
       ``(II) racial and ethnic minorities and health disparity 
     populations, including those proposals that address cultural 
     and linguistic barriers to enrollment; and

       ``(ii) submit the most demonstrable evidence required under 
     paragraphs (1) and (2) of subsection (c).
       ``(B) 10 percent set aside for outreach to indian 
     children.--An amount equal to 10 percent of the funds 
     appropriated under subsection (f) for a fiscal year shall be 
     used by the Secretary to award grants to Indian Health 
     Service providers and urban Indian organizations receiving 
     funds under title V of the Indian Health Care Improvement Act 
     (25 U.S.C. 1651 et seq.) for outreach to, and enrollment of, 
     children who are Indians.
       ``(2) 2-year availability.--A grant awarded under this 
     section for a fiscal year shall remain available for 
     expenditure through the end of the succeeding fiscal year.

[[Page S841]]

       ``(c) Application.--An eligible entity that desires to 
     receive a grant under subsection (a) shall submit an 
     application to the Secretary in such form and manner, and 
     containing such information, as the Secretary may decide. 
     Such application shall include--
       ``(1) evidence demonstrating that the entity includes 
     members who have access to, and credibility with, ethnic or 
     low-income populations in the communities in which activities 
     funded under the grant are to be conducted;
       ``(2) evidence demonstrating that the entity has the 
     ability to address barriers to enrollment, such as lack of 
     awareness of eligibility, stigma concerns and punitive fears 
     associated with receipt of benefits, and other cultural 
     barriers to applying for and receiving child health 
     assistance or medical assistance;
       ``(3) specific quality or outcomes performance measures to 
     evaluate the effectiveness of activities funded by a grant 
     awarded under this section; and
       ``(4) an assurance that the eligible entity shall--
       ``(A) conduct an assessment of the effectiveness of such 
     activities against the performance measures;
       ``(B) cooperate with the collection and reporting of 
     enrollment data and other information in order for the 
     Secretary to conduct such assessments;
       ``(C) in the case of an eligible entity that is not the 
     State, provide the State with enrollment data and other 
     information as necessary for the State to make necessary 
     projections of eligible children and pregnant women.
       ``(d) Supplement, Not Supplant.--Federal funds awarded 
     under this section shall be used to supplement, not supplant, 
     non-Federal funds that are otherwise available for activities 
     funded under this section.
       ``(e) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means 
     any of the following:
       ``(A) A State with an approved child health plan under this 
     title.
       ``(B) A local government.
       ``(C) An Indian tribe or tribal consortium, a tribal 
     organization, an urban Indian organization receiving funds 
     under title V of the Indian Health Care Improvement Act (25 
     U.S.C. 1651 et seq.), or an Indian Health Service provider.
       ``(D) A Federal health safety net organization.
       ``(E) A State, national, local, or community-based public 
     or nonprofit private organization.
       ``(F) A faith-based organization or consortia, to the 
     extent that a grant awarded to such an entity is consistent 
     with the requirements of section 1955 of the Public Health 
     Service Act (42 U.S.C. 300x-65) relating to a grant award to 
     non-governmental entities.
       ``(G) An elementary or secondary school.
       ``(H) A national, local, or community-based public or 
     nonprofit private organization, including organizations that 
     use community health workers or community-based doula 
     programs.
       ``(2) Federal health safety net organization.--The term 
     `Federal health safety net organization' means--
       ``(A) a federally-qualified health center (as defined in 
     section 1905(l)(2)(B));
       ``(B) a hospital defined as a disproportionate share 
     hospital for purposes of section 1923;
       ``(C) a covered entity described in section 340B(a)(4) of 
     the Public Health Service Act (42 U.S.C. 256b(a)(4)); and
       ``(D) any other entity or consortium that serves children 
     under a federally-funded program, including the special 
     supplemental nutrition program for women, infants, and 
     children (WIC) established under section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), the head start and 
     early head start programs under the Head Start Act (42 U.S.C. 
     9801 et seq.), the school lunch program established under the 
     Richard B. Russell National School Lunch Act, and an 
     elementary or secondary school.
       ``(3) Indians; indian tribe; tribal organization; urban 
     indian organization.--The terms `Indian', `Indian tribe', 
     `tribal organization', and `urban Indian organization' have 
     the meanings given such terms in section 4 of the Indian 
     Health Care Improvement Act (25 U.S.C. 1603).
       ``(4) Community health worker.--The term `community health 
     worker' means an individual who promotes health or nutrition 
     within the community in which the individual resides--
       ``(A) by serving as a liaison between communities and 
     health care agencies;
       ``(B) by providing guidance and social assistance to 
     community residents;
       ``(C) by enhancing community residents' ability to 
     effectively communicate with health care providers;
       ``(D) by providing culturally and linguistically 
     appropriate health or nutrition education;
       ``(E) by advocating for individual and community health or 
     nutrition needs; and
       ``(F) by providing referral and followup services.
       ``(f) Appropriation.--
       ``(1) In general.--There is appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the purpose 
     of awarding grants under this section--
       ``(A) $100,000,000 for each of fiscal years 2009 and 2010;
       ``(B) $75,000,000 for each of fiscal years 2011 and 2012; 
     and
       ``(C) $50,000,000 for fiscal year 2013.
       ``(2) Grants in addition to other amounts paid.--Amounts 
     appropriated and paid under the authority of this section 
     shall be in addition to amounts appropriated under section 
     2104 and paid to States in accordance with section 2105, 
     including with respect to expenditures for outreach 
     activities in accordance with subsections (a)(1)(D)(iii) and 
     (c)(2)(C) of that section.
       ``(g) National Enrollment Campaign.--From the amounts made 
     available under subsection (a)(2) for a fiscal year, the 
     Secretary shall develop and implement a national enrollment 
     campaign to improve the enrollment of underserved child 
     populations in the programs established under this title and 
     title XIX. Such campaign may include--
       ``(1) the establishment of partnerships with the Secretary 
     of Education and the Secretary of Agriculture to develop 
     national campaigns to link the eligibility and enrollment 
     systems for the assistance programs each Secretary 
     administers that often serve the same children;
       ``(2) the integration of information about the programs 
     established under this title and title XIX in public health 
     awareness campaigns administered by the Secretary;
       ``(3) increased financial and technical support for 
     enrollment hotlines maintained by the Secretary to ensure 
     that all States participate in such hotlines;
       ``(4) the establishment of joint public awareness outreach 
     initiatives with the Secretary of Education and the Secretary 
     of Labor regarding the importance of health insurance to 
     building strong communities and the economy;
       ``(5) the development of special outreach materials for 
     Native Americans or for individuals with limited English 
     proficiency; and
       ``(6) such other outreach initiatives as the Secretary 
     determines would increase public awareness of the programs 
     under this title and title XIX.''.
       (b) Nonapplication of Administrative Expenditures Cap.--
     Section 2105(c)(2) of the Social Security Act (42 U.S.C. 
     1397ee(c)(2)) is amended by adding at the end the following:
       ``(C) Nonapplication to expenditures for outreach and 
     enrollment.--The limitation under subparagraph (A) shall not 
     apply with respect to expenditures for outreach activities 
     under section 2102(c)(1), or for enrollment activities, for 
     children eligible for child health assistance under the State 
     child health plan or medical assistance under the State plan 
     under title XIX.''.

     SEC. 8. IMPROVED STATE OPTION FOR OFFERING PREMIUM ASSISTANCE 
                   FOR COVERAGE OF CHILDREN THROUGH PRIVATE PLANS 
                   UNDER SCHIP AND MEDICAID.

       (a) In General.--Section 2105(c) of the Social Security Act 
     (42 U.S.C. 1397ee(c)), as amended by section 4(a) is amended 
     by adding at the end the following:
       ``(9) Additional state option for offering premium 
     assistance.--
       ``(A) In general.--Subject to the succeeding provisions of 
     this paragraph, a State may elect to offer a premium 
     assistance subsidy (as defined in subparagraph (C)) for 
     qualified coverage (as defined in subparagraph (B)) to all 
     targeted low-income children who are eligible for child 
     health assistance under the plan and have access to such 
     coverage in accordance with the requirements of this 
     paragraph.
       ``(B) Qualified coverage.--In this paragraph, the term 
     `qualified coverage' means the following:
       ``(i) Qualified employer sponsored coverage.--

       ``(I) In general.--A group health plan or health insurance 
     coverage offered through an employer that is--

       ``(aa) substantially equivalent to the benefits coverage in 
     a benchmark benefit package described in section 2103(b) or 
     benchmark-equivalent coverage that meets the requirements of 
     section 2103(a)(2);
       ``(bb) made similarly available to all of the employer's 
     employees and for which the employer makes a contribution to 
     the premium that is not less for employees receiving a 
     premium assistance subsidy under any option available under 
     the State child health plan under this title or the State 
     plan under title XIX to provide such assistance than the 
     employer contribution provided for all other employees; and
       ``(cc) cost-effective, as determined under subclause (II).

       ``(II) Cost-effectiveness.--A group health plan or health 
     insurance coverage offered through an employer shall be 
     considered to be cost-effective if--

       ``(aa) the marginal premium cost to purchase family 
     coverage through the employer is less than the State cost of 
     providing child health assistance through the State child 
     health plan for all the children in the family who are 
     targeted low-income children; or
       ``(bb) the marginal premium cost between individual 
     coverage and purchasing family coverage through the employer 
     is not greater than 175 percent of the cost to the State to 
     provide child health assistance through the State child 
     health plan for a targeted low-income child.
       ``(ii) Qualified non-group coverage.--Health insurance 
     coverage offered to individuals in the non-group health 
     insurance market that is substantially equivalent to the 
     benefits coverage in a benchmark benefit package described in 
     section 2103(b) or benchmark-equivalent coverage that meets 
     the requirements of section 2103(a)(2).
       ``(iii) High deductible health plan.--A high deductible 
     health plan (as defined in

[[Page S842]]

     section 223(c)(2) of the Internal Revenue Code of 1986) 
     purchased through a health savings account (as defined under 
     section 223(d) of such Code).
       ``(C) Premium assistance subsidy.--
       ``(i) In general.--In this paragraph, the term `premium 
     assistance subsidy' means, with respect to a targeted low-
     income child, the amount equal to the difference between the 
     employee contribution required for enrollment only of the 
     employee under qualified employer sponsored coverage and the 
     employee contribution required for enrollment of the employee 
     and the child in such coverage, less any applicable premium 
     cost-sharing applied under the State child health plan, 
     subject to the annual aggregate cost-sharing limit applied 
     under section 2103(e)(3)(B).
       ``(ii) State payment option.--Subject to clause (iii), a 
     State may provide a premium assistance subsidy directly to an 
     employer or as reimbursement to an employee for out-of-pocket 
     expenditures.
       ``(iii) Requirement for direct payment to employee.--A 
     State shall not pay a premium assistance subsidy directly to 
     the employee, unless the State has established procedures to 
     ensure that the targeted low-income child on whose behalf 
     such payments are made are actually enrolled in the qualified 
     employer sponsored coverage.
       ``(iv) Treatment as child health assistance.--Expenditures 
     for the provision of premium assistance subsidies shall be 
     considered child health assistance described in paragraph 
     (1)(C) of subsection (a) for purposes of making payments 
     under that subsection.
       ``(v) State option to require acceptance of subsidy.--A 
     State may condition the provision of child health assistance 
     under the State child health plan for a targeted low-income 
     child on the receipt of a premium assistance subsidy for 
     enrollment in qualified employer sponsored coverage if the 
     State determines the provision of such a subsidy to be more 
     cost-effective in accordance with subparagraph (B)(ii).
       ``(vi) Not treated as income.--Notwithstanding any other 
     provision of law, a premium assistance subsidy provided in 
     accordance with this paragraph shall not be treated as income 
     to the child or the parent of the child for whom such subsidy 
     is provided.
       ``(D) No requirement to provide supplemental coverage for 
     benefits and additional cost-sharing protection provided 
     under the state child health plan.--
       ``(i) In general.--A State that elects the option to 
     provide a premium assistance subsidy under this paragraph 
     shall not be required to provide a targeted low-income child 
     enrolled in qualified employer sponsored coverage with 
     supplemental coverage for items or services that are not 
     covered, or are only partially covered, under the qualified 
     employer sponsored coverage or cost-sharing protection other 
     than the protection required under section 2103(e)(3)(B).
       ``(ii) Notice of cost-sharing requirements.--A State shall 
     provide a targeted low-income child or the parent of such a 
     child (as appropriate) who is provided with a premium 
     assistance subsidy in accordance with this paragraph with 
     notice of the cost-sharing requirements and limitations 
     imposed under the qualified employer sponsored coverage in 
     which the child is enrolled upon the enrollment of the child 
     in such coverage and annually thereafter.
       ``(iii) Record keeping requirements.--A State may require a 
     parent of a targeted low-income child that is enrolled in 
     qualified employer-sponsored coverage to bear the 
     responsibility for keeping track of out-of-pocket 
     expenditures incurred for cost-sharing imposed under such 
     coverage and to notify the State when the limit on such 
     expenditures imposed under section 2103(e)(3)(B) has been 
     reached for a year from the effective date of enrollment for 
     such year.
       ``(iv) State option for reimbursement.--A State may 
     retroactively reimburse a parent of a targeted low-income 
     child for out-of-pocket expenditures incurred after reaching 
     the 5 percent cost-sharing limitation imposed under section 
     2103(e)(3)(B) for a year.
       ``(E) 6-month waiting period required.--A State shall 
     impose at least a 6-month waiting period from the time an 
     individual is enrolled in private health insurance prior to 
     the provision of a premium assistance subsidy for a targeted 
     low-income child in accordance with this paragraph.
       ``(F) Non-application of waiting period for enrollment in 
     the state medicaid plan or the state child health plan.--A 
     targeted low-income child provided a premium assistance 
     subsidy in accordance with this paragraph who loses 
     eligibility for such subsidy shall not be treated as having 
     been enrolled in private health insurance coverage for 
     purposes of applying any waiting period imposed under the 
     State child health plan or the State plan under title XIX for 
     the enrollment of the child under such plan.
       ``(G) Assurance of special enrollment period under group 
     health plans in case of eligibility for premium subsidy 
     assistance.--No payment shall be made under subsection (a) 
     for amounts expended for the provision of premium assistance 
     subsidies under this paragraph unless a State provides 
     assurances to the Secretary that the State has in effect laws 
     requiring a group health plan, a health insurance issuer 
     offering group health insurance coverage in connection with a 
     group health plan, and a self-funded health plan, to permit 
     an employee who is eligible, but not enrolled, for coverage 
     under the terms of the plan (or a child of such an employee 
     if the child is eligible, but not enrolled, for coverage 
     under such terms) to enroll for coverage under the terms of 
     the plan if the employee's child becomes eligible for a 
     premium assistance subsidy under this paragraph.
       ``(H) No effect on previously approved premium assistance 
     programs.--Nothing in this paragraph shall be construed as 
     limiting the authority of a State to offer premium assistance 
     under section 1906, a waiver described in paragraph (2)(B) or 
     (3), a waiver approved under section 1115, or other authority 
     in effect on February 1, 2009.
       ``(I) Notice of availability.--A State shall--
       ``(i) include on any application or enrollment form for 
     child health assistance a notice of the availability of 
     premium assistance subsidies for the enrollment of targeted 
     low-income children in qualified employer sponsored coverage;
       ``(ii) provide, as part of the application and enrollment 
     process under the State child health plan, information 
     describing the availability of such subsidies and how to 
     elect to obtain such a subsidy; and
       ``(iii) establish such other procedures as the State 
     determines necessary to ensure that parents are informed of 
     the availability of such subsidies under the State child 
     health plan.''.
       (b) Application to Medicaid.--Section 1906 of the Social 
     Security Act (42 U.S.C. 1396e) is amended by inserting after 
     subsection (c) the following:
       ``(d) The provisions of section 2105(c)(9) shall apply to a 
     child who is eligible for medical assistance under the State 
     plan in the same manner as such provisions apply to a 
     targeted low-income child under a State child health plan 
     under title XXI. Section 1902(a)(34) shall not apply to a 
     child who is provided a premium assistance subsidy under the 
     State plan in accordance with the preceding sentence.''.

     SEC. 9. TREATMENT OF UNBORN CHILDREN.

       (a) Codification of Current Regulations.--Section 
     2110(c)(1) of the Social Security Act (42 U.S.C. 
     1397jj(c)(1)) is amended by striking the period at the end 
     and inserting the following: ``, and includes, at the option 
     of a State, an unborn child. For purposes of the previous 
     sentence, the term `unborn child' means a member of the 
     species Homo sapiens, at any stage of development, who is 
     carried in the womb.''.
       (b) Clarifications Regarding Coverage of Mothers.--Section 
     2103 (42 U.S.C. 1397cc) is amended by adding at the end the 
     following new subsection:
       ``(g) Clarifications Regarding Authority To Provide 
     Postpartum Services and Maternal Health Care.--Any State that 
     provides child health assistance to an unborn child under the 
     option described in section 2110(c)(1) may--
       ``(1) continue to provide such assistance to the mother, as 
     well as postpartum services, through the end of the month in 
     which the 60-day period (beginning on the last day of 
     pregnancy) ends; and
       ``(2) in the interest of the child to be born, have 
     flexibility in defining and providing services to benefit 
     either the mother or unborn child consistent with the health 
     of both.''.

     SEC. 10. 50 PERCENT MATCHING RATE FOR ALL MEDICAID 
                   ADMINISTRATIVE COSTS.

       Section 1903(a) of the Social Security Act (42 U.S.C. 
     1396b(a)) is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraph (3)(E) as paragraph (2) and 
     re-locating and indenting it appropriately;
       (3) in paragraph (2), as so redesignated, by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), and 
     indenting them appropriately;
       (4) by striking paragraphs (3) and (4);
       (5) in paragraph (5), by striking ``which are attributable 
     to the offering, arranging, and furnishing'' and inserting 
     ``which are for the medical assistance costs of furnishing'';
       (6) by striking paragraph (6);
       (7) in paragraph (7), by striking ``subject to section 
     1919(g)(3)(B),''; and
       (8) by redesignating paragraphs (5) and (7) as paragraphs 
     (3) and (4), respectively.

     SEC. 11. REDUCTION IN PAYMENTS FOR MEDICAID ADMINISTRATIVE 
                   COSTS TO PREVENT DUPLICATION OF SUCH PAYMENTS 
                   UNDER TANF.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended--
       (1) in subsection (a)(7), by striking ``section 
     1919(g)(3)(B)'' and inserting ``subsection (h)'';
       (2) in subsection (a)(2)(D) by inserting ``, subject to 
     subsection (g)(3)(C) of such section'' after ``as are 
     attributable to State activities under section 1919(g)''; and
       (3) by adding after subsection (g) the following new 
     subsection:
       ``(h) Reduction in Payments for Administrative Costs To 
     Prevent Duplication of Payments Under Title IV.--Beginning 
     with the calendar quarter commencing April 1, 2009, the 
     Secretary shall reduce the amount paid to each State under 
     subsection (a)(7) for each quarter by an amount equal to \1/
     4\ of the annualized amount determined for the Medicaid 
     program under section 16(k)(2)(B) of the Food Stamp Act of 
     1977 (7 U.S.C. 2025(k)(2)(B)).''.

     SEC. 12. ELIMINATION OF WAIVER OF CERTAIN MEDICAID PROVIDER 
                   TAX PROVISIONS.

       Effective October 1, 2009, subsection (c) of section 4722 
     of the Balanced Budget Act of 1997 (Public Law 105-33; 111 
     Stat. 515) is repealed.

[[Page S843]]

     SEC. 13. ELIMINATION OF SPECIAL PAYMENTS FOR CERTAIN PUBLIC 
                   HOSPITALS.

       Effective October 1, 2009, subsection (d) of section 701 of 
     the Medicare, Medicaid, and SCHIP Benefits Improvement and 
     Protection Act of 2000, as enacted into law by section 
     1(a)(6) of Public Law 106-554 (42 U.S.C. 1396r-4 note), is 
     repealed.

     SEC. 14. EFFECTIVE DATE; COORDINATION OF FUNDING FOR FISCAL 
                   YEAR 2009.

       (a) In General.--Unless otherwise specified, subject to 
     subsection (b), the amendments made by this Act shall take 
     effect on the date of enactment of this Act.
       (b) Delay if State Legislation Required.--In the case of a 
     State child health plan under title XXI of the Social 
     Security Act or a waiver of such plan under section 1115 of 
     such Act which the Secretary of Health and Human Services 
     determines requires State legislation (other than legislation 
     appropriating funds) in order for the plan or waiver to meet 
     the additional requirements imposed by the amendments made by 
     this Act, the State child health plan or waiver shall not be 
     regarded as failing to comply with the requirements of such 
     title XXI solely on the basis of its failure to meet such 
     additional requirements before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of such session shall be 
     deemed to be a separate regular session of the State 
     legislature.
       (c) Coordination of Funding for Fiscal Year 2009.--
     Notwithstanding any other provision of law, insofar as funds 
     have been appropriated under section 2104(a)(11) of the 
     Social Security Act, as amended by section 201(a) of Public 
     Law 110-173 and in effect on January 1, 2009, to provide 
     allotments to States under title XXI of the Social Security 
     Act for fiscal year 2009--
       (1) any amounts that are so appropriated that are not so 
     allotted and obligated before the date of the enactment of 
     this Act are rescinded; and
       (2) any amount provided for allotments under title XXI of 
     such Act to a State under the amendments made by this Act for 
     such fiscal year shall be reduced by the amount of such 
     appropriations so allotted and obligated before such date.
                                 ______
                                 
      By Mr. LEAHY:
  S. 327. A bill to amend the Violence Against Women Act of 1994 and 
the Omnibus Crime Control and Safe Streets Act of 1968 to improve 
assistance to domestic and sexual violence victims and provide for 
technical corrections; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am pleased to introduce the Improving 
Assistance to Domestic and Sexual Violence Victims Act of 2009 to make 
urgently needed improvements to the Violence Against Women Act, VAWA. 
The bill makes corrections and improvements so that this law, a law 
that has helped so many, can continue to serve as a powerful tool to 
combat domestic violence and other crimes perpetrated against women and 
families.
  In introducing this measure, I recognize the leadership shown on 
these issues by Senator Joe Biden who now serves as our Vice President. 
Since 1994, the Violence Against Women Act has been the centerpiece of 
the Federal government's commitment to combating domestic violence and 
other violent crimes against women. Its passage and reauthorization 
made a strong statement in support of the rights of women in America. 
This landmark law filled a void in Federal law that had left too many 
victims of domestic violence and sexual assault without the help they 
needed.
  Since the bill's passage, there has been a 27 to 51 percent increase 
in domestic violence reporting rates by women and a 37 percent increase 
in reporting rates by men. The number of individuals killed by an 
intimate partner has decreased by 24 percent for women and 48 percent 
for men. I have been proud to work with then-Senator Biden on these 
matters for the more than 15 years. I look forward to working with the 
Obama-Biden administration to ensure that this law remains a vital 
resource for prosecutors, social workers, and all of those committed to 
ending crimes against women and alleviating the terrible harms that 
result from these crimes.
  I crafted the legislation I introduce today with the assistance of 
advocates and those in the field who work with the Violence Against 
Women Act every day. It contains changes to VAWA that will improve the 
law's operation and implementation. I want to thank the National 
Network to End Domestic Violence, Legal Momentum, and the National 
Center for Victims of Crime for their assistance with and support for 
this legislation, and for their tireless work on behalf of women and 
families in the United States. These groups and others across the 
country play a crucial role in fulfilling the promise that Congress 
made with the enactment of the Violence Against Women Act.
  Among several other fixes, the bill strengthens privacy protections 
for victims of domestic violence. It contains provisions to ease the 
burden on victims of domestic violence to obtain public housing 
benefits. It eliminates an existing loophole that often results in the 
inappropriate administration of polygraph examinations to victims of 
terrible crimes. The legislation also contains provisions to strengthen 
protections in existing law for battered immigrant women. With these 
important changes to the Violence Against Women Act, Congress will 
ensure that the law is as effective and strong as it was intended to be 
and that it can meet the needs of those it seeks to protect as we move 
forward. I hope all Senators will join in support of this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
placed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 327

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving Assistance to 
     Domestic and Sexual Violence Victims Act of 2009''.

     SEC. 2. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS UNDER 
                   VAWA.

       (a) Youth Definition.--Section 40002(a)(37) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925(a)(37)) is amended 
     to read as follows:
       ``(37) Youth.--The term `youth' means individuals who are 
     between the ages of 12 and 24.''.
       (b) Expertise Requirement.--Section 40002(b)(11) of the 
     Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(11)) 
     is amended by adding at the end the following: ``The Director 
     of the Office on Violence Against Women shall ensure that 
     training or technical assistance will be developed and 
     provided by entities having demonstrated expertise in the 
     purposes, uses of funds, and other aspects of the grant 
     program for which such training or technical assistance is 
     provided.''.
       (c) Matching Requirement.--Section 40002(b)(1) of the 
     Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)) is 
     amended to read as follows:
       ``(1) Match.--No matching funds shall be required for a 
     grant or subgrant made under this title for--
       ``(A) any tribe, territory, or victim service provider; or
       ``(B) any other entity, including a State, that the 
     Attorney General determines has adequately demonstrated 
     financial need.''.
       (d) Treatment of Confidential Information.--Section 
     40002(b)(2) of the Violence Against Women Act of 1994 (42 
     U.S.C. 13925(b)(2)) is amended--
       (1) in subparagraph (A), by inserting ``privacy and'' 
     before ``safety'';
       (2) in subparagraph (B)--
       (A) by striking ``and (D)'' and inserting ``, (D), (E), 
     (F), (G), and (H)'';
       (B) in clause (i)--
       (i) by inserting ``, reveal, or release'' after 
     ``disclose''; and
       (ii) by inserting ``, regardless of whether the information 
     is encoded, encrypted, hashed, or otherwise protected,'' 
     after ``individual information''; and
       (C) in clause (ii)--
       (i) by striking ``reveal'' and inserting ``disclose, 
     reveal, or release'';
       (ii) by striking each place it appears ``consent'' and 
     inserting ``consent or authorization'';
       (iii) by striking ``persons with disabilities'' and 
     inserting ``a person with a court-appointed guardian''; and
       (iv) by striking ``person with disabilities'' and inserting 
     ``person with a court-appointed guardian'';
       (3) in subparagraph (C)--
       (A) by inserting ``disclosure, revelation, or'' after 
     ``If'';
       (B) in clause (i), by inserting ``, revelation, or 
     release'' after ``disclosure''; and
       (C) in clause (ii), by inserting ``disclosure, revelation, 
     or'' after ``affected by the''; and
       (4) by designating subparagraph (E) as subparagraph (H) and 
     inserting after subparagraph (D) the following:
       ``(E) Statutorily permitted reports of abuse or neglect.--
     Nothing in this paragraph shall prohibit a grantee or 
     subgrantee from reporting abuse and neglect, as those terms 
     are defined by law, and where mandated or expressly permitted 
     by the State, tribe, or territory involved.
       ``(F) Preemption.--The provisions of this paragraph shall 
     not supersede any other provision of Federal, State, tribal, 
     territorial, or local law relating to the privacy or 
     confidentiality of information to the extent to which such 
     other provision provides greater

[[Page S844]]

     privacy or confidentiality protection than this paragraph for 
     victims of domestic violence, dating violence, sexual 
     assault, or stalking.
       ``(G) Certain minors and persons with guardians.--If a 
     minor or a person with a court-appointed guardian is 
     permitted by law to receive services without the parent's or 
     guardian's consent or authorization, the minor or person with 
     a court-appointed guardian may consent to a disclosure, 
     revelation, or release of information. In no case may consent 
     or authorization for release of information be given by the 
     abuser of the minor, or person with a court-appointed 
     guardian, or the abuser of the other parent of the minor.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to grants awarded for periods beginning on or 
     after October 1, 2009.

     SEC. 3. CRIMINAL JUSTICE.

       (a) Application Requirements.--
       (1) In general.--Section 2007(d) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(d)) 
     is amended--
       (A) in paragraph (3) by striking ``and'' after the 
     semicolon;
       (B) in paragraph (4), by striking the period and inserting 
     ``and''; and
       (C) by inserting at the end the following:
       ``(5) proof of compliance with the requirements prohibiting 
     the publication of protection order information on the 
     Internet provided in section 2013A.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to grants awarded for periods beginning on or 
     after October 1, 2009.
       (b) State and Federal Obligations.--Section 2007(f) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-1(f)) is amended to read as follows:
       ``(f) Federal Share.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the Federal share of a grant made under this subtitle may not 
     exceed 75 percent of the total costs of the projects 
     described in the application submitted.
       ``(2) Exemption from matching funds.--No matching funds 
     shall be required for that portion of a grant that is 
     subgranted to any tribe or for victims services.''.
       (c) Limits on Internet Publication of Protection Order 
     Information.--Section 2265(d) of title 18, United States 
     Code, is amended by striking paragraph (3).
       (d) State Certification.--Part T of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
     seq.) is amended by inserting after section 2013 the 
     following:

     ``SEC. 2013A. LIMITS ON INTERNET PUBLICATION OF PROTECTION 
                   ORDER INFORMATION.

       ``(a) In General.--A State, Indian tribal government, or 
     unit of local government shall not be eligible to receive 
     funds under this part unless the State, Indian tribal 
     government, or unit of local government certifies that it 
     does not make available publicly on the Internet any 
     information regarding the filing for or issuance, 
     modification, registration, extension, or enforcement of a 
     protection order, restraining order, or injunction in either 
     the issuing or enforcing State, tribal, or territorial 
     jurisdiction, if such publication would be likely to publicly 
     reveal the identity or location of the party protected under 
     such order.
       ``(b) Exception.--A State, Indian tribe, or territory may 
     share court-generated and law enforcement-generated 
     information about an order or injunction described in 
     subsection (a) if such information is contained in secure, 
     governmental registries for purposes of enforcing orders and 
     injunctions described in subsection (a).
       ``(c) Effective Date.--A State, Indian tribal government, 
     or unit of local government must meet the requirements of 
     subsection (a) and (b) by the later of--
       ``(1) 2 years from the date of enactment of the Improving 
     Assistance to Domestic and Sexual Violence Victims Act of 
     2009; or
       ``(2) the period ending on the date on which the next 
     session of the State legislature ends.''.
       (e) Health Care Professionals.--Section 2010(c) of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-4) is amended by striking ``trained examiners for'' 
     and inserting ``health care professionals for adult and 
     youth''.
       (f) Rural State.--Section 40002 (a)(22) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13925 (a)(22)) is 
     amended by striking ``150,000 people, based on the most 
     recent decennial census'' and inserting ``200,000 people, 
     based on the decennial census of 2000''.
       (g) Costs for Criminal Charges and Protection Orders.--
     Section 2011(a)(1) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796gg-5 (a)(1)) is amended by 
     inserting ``dating violence,'' before ``stalking''.
       (h) Grants To Encourage Arrest Policies and Enforcement of 
     Protection Orders.--Section 2101(c)(4) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) 
     is amended by inserting ``dating violence,'' before 
     ``stalking''.

     SEC. 4. FAMILIES.

       (a) In General.--Section 41304 of the Violence Against 
     Women Act of 1994 (42 U.S.C. 14043d-3) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``Attorney General, 
     acting through the Director of the Office on Violence Against 
     Women, and in collaboration with the Department of Health and 
     Human Services'' and inserting ``Secretary of Health and 
     Human Services (in this section referred to as the 
     `Secretary'), through the Administration for Children, Youth 
     and Families'';
       (B) in paragraph (2), by striking ``Director'' and 
     inserting ``Secretary''; and
       (C) in paragraph (3), by striking ``Director'' and 
     inserting ``Secretary''; and
       (2) in subsection (d)(1), by striking both places it 
     appears ``Director'' and inserting ``Secretary''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to grants issued on or after October 1, 2009.

     SEC. 5. HOUSING.

       (a) Section 6.--Section 6(u)(1)(A) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437d) is amended by inserting 
     ``, as described in subparagraph (C),'' after ``HUD approved 
     certification form''.
       (b) Section 8.--Section 8(ee)(1)(A) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting 
     ``, as described in subparagraph (C),'' after ``HUD approved 
     certification form''.

     SEC. 6. ECONOMIC SECURITY.

       (a) Authority.--Section 41501(a) of the Violence Against 
     Women Act of 1994 (42 U.S.C. 14043f(a)) is amended--
       (1) by striking ``The Attorney General'' and inserting the 
     following:
       ``(1) In general.--The Attorney General''; and
       (2) by striking the last sentence and inserting the 
     following:
       ``(2) Information and assistance.--The resource center 
     shall provide information and assistance to--
       ``(A) employers and labor organizations to aid in their 
     efforts to develop and implement responses to such violence; 
     and
       ``(B) victim service providers, including community-based 
     organizations, State domestic violence coalitions, State 
     sexual assault coalitions, and tribal coalitions, to enable 
     to them to provide resource materials or other assistance to 
     employers, labor organizations, or employees.''.
       (b) Entities Providing Assistance.--Section 41501 (c)(1) of 
     the Violence Against Women Act of 1994 (42 U.S.C. 
     14043f(c)(1)) is amended by striking ``and labor 
     organizations'' and inserting ``, labor organizations, victim 
     service providers, community-based organizations, State 
     domestic violence coalitions, State sexual assault 
     coalitions, and tribal coalitions''.

     SEC. 7. TRIBAL ISSUES.

       (a) Consultation.--Section 903 of the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     is amended by inserting at the end the following:
       ``(c) Reports to Congress.--Not later than 3 months after 
     the date of each of the annual consultations, beginning with 
     the first consultation following the date of the enactment of 
     this subsection, the Attorney General shall submit to the 
     Committee on Indian Affairs and the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary 
     and the Committee on Natural Resources of the House of 
     Representatives a report summarizing the annual consultations 
     involved, any request of Indian tribes made pursuant to such 
     consultations for enhancing the safety of Indian women, and 
     the investigative efforts of the Federal Bureau of 
     Investigation and prosecutorial efforts of the United States 
     Attorneys on cases of domestic violence, sexual assault, 
     dating violence, and stalking, involving adult Indian women. 
     The first of such reports shall include the total number of 
     investigations, indictments, declinations, and convictions of 
     cases described in the previous sentence for the 3 years 
     preceding the annual consultation involved and each 
     subsequent report shall include the total number of 
     investigations, indictments, declination, and convictions of 
     such cases for the year preceding the annual consultation 
     involved.''.
       (b) Grants to Indian Tribal Governments.--
       (1) In general.--Section 2015 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796gg-10) is amended 
     by adding at the end the following:
       ``(c) Availability.--Funds appropriated under this section 
     shall remain available until expended and may only be used 
     for the activities described in this section.
       ``(d) Duration.--Grants made under this section shall be 
     for a period of 24 months. Upon request of a grantee, the 
     tribal deputy director may extend the grant period involved 
     for purposes of enabling the grantee to complete the 
     activities agreed to under the terms of the grant provided 
     that no additional funds may be provided under this section 
     pursuant to such extension.
       ``(e) Technical Assistance.--
       ``(1) In general.--Not later than 6 months after the date 
     of receipt of funding for this program, the Director of the 
     Office on Violence Against Women shall set aside and disperse 
     not less than 6 percent of the total amount of the funds made 
     available under this section for the purpose of entering into 
     cooperative agreements with qualified tribal organizations to 
     provide technical assistance and training to Indian tribes to 
     address violence against Indian women. Such training and 
     technical experience shall be specifically designed to 
     address the unique legal status and geographic circumstances 
     of the Indian tribes receiving funds under this section.
       ``(2) Qualified tribal organization.--For purposes of 
     paragraph (1), a qualified tribal organization is a tribal 
     organization with

[[Page S845]]

     demonstrated experience in providing training and technical 
     experience to Indian tribes in addressing violence against 
     Indian women.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to grants made on or after October 1, 2009.

     SEC. 8. POLYGRAPH PROCEDURES.

       (a) STOP Grants.--Section 2013(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-8(a)) 
     is amended by striking ``as a condition for proceeding with 
     the investigation of such an offense''.
       (b) Grants To Encourage Arrest.--Section 2101(c)(5)(A) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796hh(c)(5)(A)) is amended by striking ``as a 
     condition for proceeding with the investigation of such an 
     offense''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to grants made on or after the latter of 
     the following dates:
       (1) The date that is 2 years after the date of the 
     enactment of this Act.
       (2) The date on which the next session of the State 
     legislature of the State involved ends.

     SEC. 9. SEXUAL ASSAULT NURSE EXAMINERS.

       Section 2101(b) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended by 
     adding at the end the following new paragraph:
       ``(14) To provide for sexual assault forensic medical 
     personnel examiners in the collection and preservation of 
     evidence, expert testimony, and treatment of trauma related 
     to sexual assault.''.

     SEC. 10. SEXUALLY TRANSMITTED INFECTION TESTING AND 
                   TREATMENT.

       Section 2101 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796hh) is amended--
       (1) in subsection (b), as amended by section 9, by adding 
     at the end the following new paragraph:
       ``(15) To develop human immunodeficiency virus (HIV), 
     Hepatitis B, Hepatitis C, and sexually transmitted infection 
     testing and treatment programs for sexual assault victims 
     that include notification, treatment, counseling, and 
     confidentiality protocols.''; and
       (2) in subsection (d)--
       (A) by inserting ``or Treatment'' after ``Notice''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) certifies it has a law that requires the State or 
     unit of local government, respectively, to provide at the 
     request of a victim or the parent or guardian of a victim--
       ``(A) anonymous and confidential free testing for the 
     victim for the human immunodeficiency virus (HIV), Hepatitis 
     B, Hepatitis C, and other sexually transmitted infections as 
     medically appropriate;
       ``(B) as soon as practicable, notification to the victim, 
     or parent or guardian of a victim, of the testing results;
       ``(C) anonymous and confidential free follow-up testing for 
     the victim as medically appropriate;
       ``(D) free prophylaxis and treatment as necessary for the 
     victim;
       ``(E) free counseling and support to the victim regarding 
     any health care concerns of the victim with respect to the 
     human immunodeficiency virus (HIV), Hepatitis B, Hepatitis C, 
     and other sexually transmitted infections; and
       ``(F) assurances that the test results of the victim shall 
     remain confidential unless otherwise provided by law; and
       ``(3) provides assurances to the satisfaction of the 
     Attorney General that its laws will be in compliance with the 
     requirements of paragraph (1) or (2) by a date that is not 
     later than the latter of the following dates:
       ``(A) The date that is 2 years after the date of the 
     enactment of the Improving Assistance to Domestic and Sexual 
     Violence Victims Act of 2009.
       ``(B) The date on which the next session of the State 
     legislature ends.''.

     SEC. 11. CLARIFICATION OF THE TERM CULTURALLY AND 
                   LINGUISTICALLY SPECIFIC.

       (a) Definitions.--Section 40002(a) of the Violence Against 
     Women Act of 1994 (42 U.S.C. 13925(a)) is amended--
       (1) by striking paragraph (17) and redesignating the 
     subsequent paragraphs accordingly; and
       (2) by inserting after paragraph (5) the following new 
     paragraphs and redesignating the subsequent paragraphs (as 
     redesignated by paragraph (1)) accordingly:
       ``(6) Culturally specific.--The terms `culturally specific' 
     and `culturally and linguistically specific' mean specific to 
     racial and ethnic minority groups (as defined in section 
     1707(g) of the Public Health Service Act (42 U.S.C. 300u-
     6(g))).
       ``(7) Culturally and linguistically specific services.--The 
     terms `culturally and linguistically specific services' and 
     `culturally specific services' mean community-based services 
     that offer full linguistic access and culturally specific 
     services and resources, including outreach, collaboration, 
     and support mechanisms primarily directed toward culturally 
     specific communities.''.
       (b) Collaborative Grants To Increase the Long-Term 
     Stability of Victims.--Section 41404 of the Violence Against 
     Women Act of 1994 (42 U.S.C. 13701 et seq.) is amended in 
     subsection (f)(1) by striking ``linguistically and 
     culturally'' and inserting ``culturally and linguistically''.
       (c) Grants To Combat Violence Against Women in Public and 
     Assisted Housing.--Section 41405 of the Violence Against 
     Women Act of 1994 (42 U.S.C. 13701 et seq.) is amended in 
     subsection (c)(2)(D) by striking ``linguistically and 
     culturally'' and inserting ``culturally and linguistically''.
       (d) State Grants.--Section 2007(e)(2)(D) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
     1(e)(2)(D)) is amended by striking ``linguistically and 
     culturally'' and inserting ``culturally and linguistically''.
       (e) Sexual Assault Services.--Section 2014 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 14043g) 
     is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``and other programs and 
     projects'';
       (B) in paragraph (2)(B)--
       (i) by striking ``and other nonprofit, nongovernmental 
     organizations for programs and activities''; and
       (ii) by inserting ``to sexual assault victims'' after 
     ``that provide direct intervention and related assistance''; 
     and
       (C) in paragraph (2)(C)(v), by striking ``linguistically 
     and culturally'' and inserting ``culturally and 
     linguistically'';
       (2) in subsection (c)(2)(A) by striking ``that focuses 
     primarily on'' and inserting ``whose primary mission is to 
     address one or more'';
       (3) in subsection (c)(2)(C) by striking ``linguistically 
     and culturally'' and inserting ``culturally and 
     linguistically''; and
       (4) in subsection (c)(4)(B) by deleting ``underserved''.
       (f) Enhancing Culturally and Linguistically Specific 
     Services for Victims of Domestic Violence, Dating Violence, 
     Sexual Assault, and Stalking.--Section 121 of the Violence 
     Against Women and Department of Justice Reauthorization Act 
     of 2005 (42 U.S.C. 14045a) is amended--
       (1) in subsection (b)(1)(A) by inserting ``for culturally 
     and linguistically specific populations'' after 
     ``resources'';
       (2) in subsection (b)(1)(B) by inserting ``culturally and 
     linguistically specific'' before ``resources for''; and
       (3) in subsection (g) by striking ``linguistic and 
     culturally'' and inserting ``culturally and linguistically''.

     SEC. 12. NATIONAL RESOURCE CENTER GRANTS TECHNICAL AMENDMENT.

       Section 41501(b)(3) of the Violence Against Women Act of 
     1994 (42 U.S.C. 14043f(b)(3)) is amended by striking ``for 
     materials''.

     SEC. 13. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN 
                   WOMEN.

       Section 904(a)(1) of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (42 U.S.C. 
     3796gg-10(a)(1) note) is amended by striking ``in Indian 
     country'' and inserting ``on land owned or held in trust for 
     the benefit of an Indian tribe included on the list published 
     under section 104 of the Federally Recognized Indian Tribe 
     List Act of 1994 (25 U.S.C. 479a-1)''.

     SEC. 14. MOTIONS TO REOPEN.

       (a) In General.--Section 240(c)(7)(C)(iv)(I) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1229a(c)(7)(C)(iv)(I)) is amended to read as follows:

       ``(I) if the basis for the motion is to apply for relief 
     under subparagraph (T) or (U) of section 101(a)(15), clause 
     (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) 
     of section 204(a)(1)(B), section 240A(b)(2), section 
     244(a)(3) (as in effect on March 31, 1997), or subsection (l) 
     or (m) of section 245;''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to applications filed before, on, or after 
     such date.

     SEC. 15. EXTENSION OF T NONIMMIGRANT STATUS.

       (a) In General.--Section 214(o)(7) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(o)(7)) is amended by adding at 
     the end the following:
       ``(D) An alien may apply for extension of status under 
     subparagraph (B) retroactively after the expiration of 
     nonimmigrant status under subparagraph 101(a)(15)(T).''.
       (b) Effective Date.--The amendments made by under 
     subsection (a) shall take effect on the date of the enactment 
     of this Act and shall apply to applications filed before, on, 
     or after such date.

     SEC. 16. T AND U NONIMMIGRANT PROTECTIONS.

       (a) In General.--Section 107(b)(1)(E)(i)(II)(aa) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(b)(1)(E)(i)(II)(aa)) is amended by striking ``bona 
     fide'' and inserting ``prima facie''.
       (b) Conforming Amendment.--Section 214(p)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(p)(6)) is 
     amended by striking ``bona fide'' and inserting ``prima 
     facie''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to applications filed before, on, or after 
     such date.

     SEC. 17. U NONIMMIGRANT ADJUSTMENT OF STATUS.

       (a) In General.--Section 245(m)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(m)(3)) is amended by inserting 
     ``or an unmarried sibling under 18 years of age on the date 
     of such application for adjustment of status under paragraph 
     (1),'' after ``a parent''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to applications filed before, on, or after 
     such date.

[[Page S846]]

     SEC. 18. CONFORMING AMENDMENT CONFIRMING HOUSING ASSISTANCE 
                   FOR QUALIFIED ALIENS.

       (a) In General.--Section 214 of the Housing and Community 
     Development Act of 1980 (42 U.S.C. 1436a) is amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``or'' at the end;
       (B) by redesignating paragraph (7) as paragraph (8); and
       (C) by inserting after paragraph (6) the following:
       ``(7) a qualified alien described in section 431 of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1641); or''; and
       (2) in subsection (c)--
       (A) in paragraph (1)(A), by striking ``(6)'' and inserting 
     ``(7)''; and
       (B) in paragraph (2)(A), in the matter preceding clause 
     (i), by inserting ``(other than a qualified alien described 
     in section 431 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641)'' 
     after ``any alien''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications for public benefits and public 
     benefits provided on or after the date of the enactment of 
     this Act without regard to whether regulations to carry out 
     such amendments have been implemented.

     SEC. 19. PROCESSING OF CERTAIN VISAS.

       (a) In General.--Section 238(b)(5) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (Public Law 110-457; 122 Stat 5085) is amended to 
     read as follows:
       ``(5) Measures taken to ensure that--
       ``(A) the Office of Policy and Strategy at United States 
     Citizenship and Immigration Services leads policy and program 
     development with regard to Violence Against Women Act 
     confidentiality-protected victims and their derivative family 
     members; and
       ``(B) there is routine consultation with the Office on 
     Policy and Strategy during the development of any other 
     Department of Homeland Security regulation or operational 
     policy that impacts Violence Against Women Act 
     confidentiality-protected victims and their derivative family 
     members.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to applications filed before, on, or after 
     such date.
                                 ______
                                 
      By Mr. LEAHY.
  S. 329. A bill to amend the Internal Revenue Code of 1986 to extend 
the nonbusiness energy property credit for property placed in service 
during 2008; to the Committee on Finance.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record,.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 329

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXTENSION OF NONBUSINESS ENERGY PROPERTY CREDIT 
                   FOR PROPERTY PLACED IN SERVICE DURING 2008.

       (a) In General.--Subsection (g) of section 25C of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(g) Termination.--This section shall not apply with 
     respect to any property placed in service after December 31, 
     2009.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007.

                          ____________________