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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eastern New Mexico Rural Water 
System Authorization Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the Eastern 
        New Mexico Rural Water Authority, an entity formed under State 
        law for the purposes of planning, financing, developing, and 
        operating the System.
            (2) Engineering report.--The term ``engineering report'' 
        means the report entitled ``Eastern New Mexico Rural Water 
        System Preliminary Engineering Report'' and dated October 2006.
            (3) Plan.--The term ``plan'' means the operation, 
        maintenance, and replacement plan required by section 4(b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of New 
        Mexico.
            (6) System.--
                    (A) In general.--The term ``System'' means the 
                Eastern New Mexico Rural Water System, a water delivery 
                project designed to deliver approximately 16,500 acre-
                feet of water per year from the Ute Reservoir to the 
                cities of Clovis, Elida, Grady, Melrose, Portales, and 
                Texico and other locations in Curry, Roosevelt, and 
                Quay Counties in the State.
                    (B) Inclusions.--The term ``System'' includes the 
                major components and associated infrastructure 
                identified as the ``Best Technical Alternative'' in the 
                engineering report.
            (7) Ute reservoir.--The term ``Ute Reservoir'' means the 
        impoundment of water created in 1962 by the construction of the 
        Ute Dam on the Canadian River, located approximately 32 miles 
        upstream of the border between New Mexico and Texas.

SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.

    (a) Financial Assistance.--
            (1) In general.--The Secretary may provide financial and 
        technical assistance to the Authority to assist in planning, 
        designing, conducting related preconstruction activities for, 
        and constructing the System.
            (2) Use.--
                    (A) In general.--Any financial assistance provided 
                under paragraph (1) shall be obligated and expended 
                only in accordance with a cooperative agreement entered 
                into under section 5(a)(2).
                    (B) Limitations.--Financial assistance provided 
                under paragraph (1) shall not be used--
                            (i) for any activity that is inconsistent 
                        with constructing the System; or
                            (ii) to plan or construct facilities used 
                        to supply irrigation water for irrigated 
                        agricultural purposes.
    (b) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the total cost of any 
        activity or construction carried out using amounts made 
        available under this Act shall be not more than 75 percent of 
        the total cost of the System.
            (2) System development costs.--For purposes of paragraph 
        (1), the total cost of the System shall include any costs 
        incurred by the Authority or the State on or after October 1, 
        2003, for the development of the System.
    (c) Limitation.--No amounts made available under this Act may be 
used for the construction of the System until--
            (1) a plan is developed under section 4(b); and
            (2) the Secretary and the Authority have complied with any 
        requirements of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) applicable to the System.
    (d) Title to Project Works.--Title to the infrastructure of the 
System shall be held by the Authority or as may otherwise be specified 
under State law.

SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.

    (a) In General.--The Authority shall be responsible for the annual 
operation, maintenance, and replacement costs associated with the 
System.
    (b) Operation, Maintenance, and Replacement Plan.--The Authority, 
in consultation with the Secretary, shall develop an operation, 
maintenance, and replacement plan that establishes the rates and fees 
for beneficiaries of the System in the amount necessary to ensure that 
the System is properly maintained and capable of delivering 
approximately 16,500 acre-feet of water per year.

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Cooperative Agreements.--
            (1) In general.--The Secretary may enter into any contract, 
        grant, cooperative agreement, or other agreement that is 
        necessary to carry out this Act.
            (2) Cooperative agreement for provision of financial 
        assistance.--
                    (A) In general.--The Secretary shall enter into a 
                cooperative agreement with the Authority to provide 
                financial assistance and any other assistance requested 
                by the Authority for planning, design, related 
                preconstruction activities, and construction of the 
                System.
                    (B) Requirements.--The cooperative agreement 
                entered into under subparagraph (A) shall, at a 
                minimum, specify the responsibilities of the Secretary 
                and the Authority with respect to--
                            (i) ensuring that the cost-share 
                        requirements established by section 3(b) are 
                        met;
                            (ii) completing the planning and final 
                        design of the System;
                            (iii) any environmental and cultural 
                        resource compliance activities required for the 
                        System; and
                            (iv) the construction of the System.
    (b) Technical Assistance.--At the request of the Authority, the 
Secretary may provide to the Authority any technical assistance that is 
necessary to assist the Authority in planning, designing, constructing, 
and operating the System.
    (c) Biological Assessment.--The Secretary shall consult with the 
New Mexico Interstate Stream Commission and the Authority in preparing 
any biological assessment under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) that may be required for planning and constructing 
the System.
    (d) Effect.--Nothing in this Act--
            (1) affects or preempts--
                    (A) State water law; or
                    (B) an interstate compact relating to the 
                allocation of water; or
            (2) confers on any non-Federal entity the ability to 
        exercise any Federal rights to--
                    (A) the water of a stream; or
                    (B) any groundwater resource.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In accordance with the adjustment carried out 
under subsection (b), there is authorized to be appropriated to the 
Secretary to carry out this Act an amount not greater than 
$327,000,000.
    (b) Adjustment.--The amount made available under subsection (a) 
shall be adjusted to reflect changes in construction costs occurring 
after January 1, 2007, as indicated by engineering cost indices 
applicable to the types of construction necessary to carry out this 
Act.
    (c) Nonreimbursable Amounts.--Amounts made available to the 
Authority in accordance with the cost-sharing requirement under section 
3(b) shall be nonreimbursable and nonreturnable to the United States.
    (d) Availability of Funds.--At the end of each fiscal year, any 
unexpended funds appropriated pursuant to this Act shall be retained 
for use in future fiscal years consistent with this Act.
Eastern New Mexico Rural Water System Authorization Act - (Sec. 3) Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System.

Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development.

(Sec. 4) Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969.

(Sec. 5) Directs the Secretary to: (1) enter into a cooperative agreement to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System, subject to specified requirements; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance in planning, designing, constructing, and operating the System.

(Sec. 6) Authorizes appropriations. Requires: (1) the amount made available to be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this Act; (2) amounts made available to the Authority in accordance with the cost-sharing requirement to be nonreimbursable and nonreturnable to the United States; and (3) any unexpended appropriated funds to be retained for use in future fiscal years consistent with this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mother's Day Centennial 
Commemorative Coin Act''.

SEC. 2. FINDINGS.

    The Congress hereby finds as follows:
            (1) Anna Jarvis, who is considered to be the founder of the 
        modern Mother's Day, was born in Webster, West Virginia on May 
        1, 1864.
            (2) A resident of Grafton, West Virginia, Anna Jarvis 
        dedicated much of her adult life to honoring her mother, Anna 
        Reeves Jarvis, who passed on May 9, 1905.
            (3) In 1908, the Andrews Methodist Episcopal Church of 
        Grafton, West Virginia, officially proclaimed the third 
        anniversary of Anna Reeves Jarvis' death to be Mother's Day.
            (4) In 1910, West Virginia Governor, William Glasscock, 
        issued the first Mother's Day Proclamation encouraging all West 
        Virginians to attend church and wear white carnations.
            (5) On May 8, 1914, the Sixty-Third Congress approved H. J. 
        Res. 263 designating the second Sunday in May to be observed as 
        Mother's Day and encouraging all Americans to display the 
        American flag at their homes as a public expression of the love 
        and reverence for the mothers of our Nation.
            (6) On May 9, 1914, President Woodrow Wilson issued a 
        Presidential Proclamation directing government officials to 
        display the American flag on all government buildings and 
        inviting the American people to display the flag at their homes 
        on the second Sunday of May as a public expression of the love 
        and reverence for the mothers of our nation.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--The Secretary of the Treasury (hereinafter in 
this Act referred to as the ``Secretary'') shall mint and issue not 
more than 400,000 $1 coins each of which shall--
            (1) weigh 26.73 grams;
            (2) have a diameter of 1.500 inches; and
            (3) contain 90 percent silver and 10 percent copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal 
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5136 of title 31, 
United States Code, all coins minted under this Act shall be considered 
to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--The design of the coins minted under this 
Act shall be emblematic of the 100th anniversary of President Wilson's 
proclamation designating the second Sunday in May as Mother's Day.
    (b) Designation and Inscriptions.--On each coin minted under this 
Act there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the year ``2014''; and
            (3) inscriptions of the words ``Liberty'', ``In God We 
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (c) Selection.--The design for the coins minted under this Act 
shall be--
            (1) selected by the Secretary after consultation with the 
        Commission of Fine Arts; and
            (2) reviewed by the Citizens Coinage Advisory Committee 
        established under section 5135 of title 31, United States Code.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued 
in uncirculated and proof qualities.
    (b) Commencement of Issuance.--The Secretary may issue coins minted 
under this Act beginning January 1, 2014, except that the Secretary may 
initiate sales of such coins, without issuance, before such date.
    (c) Termination of Minting Authority.--No coins shall be minted 
under this Act after December 31, 2014.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--Notwithstanding any other provision of law, the 
coins issued under this Act shall be sold by the Secretary at a price 
equal to the sum of the face value of the coins, the surcharge required 
under section 7(a) for the coins, and the cost of designing and issuing 
such coins (including labor, materials, dies, use of machinery, 
overhead expenses, and marketing).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins 
issued under this Act at a reasonable discount.
    (c) Prepaid Orders at a Discount.--
            (1) In general.--The Secretary shall accept prepaid orders 
        for the coins minted under this Act before the issuance of such 
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders 
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) Surcharge Required.--All sales shall include a surcharge of $10 
per coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United 
States Code, all surcharges which are received by the Secretary from 
the sale of coins issued under this Act shall be promptly paid by the 
Secretary as follows:
            (1) \1/2\ to the Susan G. Komen for the Cure for the 
        purpose of furthering research funded by the organization.
            (2) \1/2\ to the National Osteoporosis Foundation for the 
        purpose of furthering research funded by the Foundation.
    (c) Audits.--The Susan G. Komen for the Cure and the National 
Osteoporosis Foundation shall be subject to the audit requirements of 
section 5134(f)(2) of title 31, United States Code, with regard to the 
amounts received by the respective organizations under subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may 
be included with respect to the issuance under this Act of any coin 
during a calendar year if, as of the time of such issuance, the 
issuance of such coin would result in the number of commemorative coin 
programs issued during such year to exceed the annual 2 commemorative 
coin program issuance limitation under section 5112(m)(1) of title 31, 
United States Code (as in effect on the date of the enactment of this 
Act). The Secretary of the Treasury may issue guidance to carry out 
this subsection.

            Passed the House of Representatives June 10, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day.

Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date.

Terminates such minting authority after December 31, 2014.

Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research.

Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation.

SECTION 1. PERIODIC PENSION BENEFITS STATEMENTS.

    (a) In General.--Section 105(a) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1025(a)) is amended by striking ``shall 
furnish'' and all that follows through the period and inserting 
``shall--
            ``(1) in the case of a plan other than a defined benefit 
        plan, furnish to each plan participant at least once each year, 
        and, in the case of any plan, furnish to a plan participant or 
        beneficiary upon their written request, a statement in written 
        or electronic form indicating, on the basis of the latest 
        available information--
                    ``(A) the total benefits accrued, and
                    ``(B) the nonforfeitable pension benefits, if any, 
                which have accrued, or the earliest date on which 
                benefits will become nonforfeitable, and
            ``(2) in the case of a defined benefit plan, furnish to 
        each plan participant at least once every 3 years, a statement 
        in written or electronic form indicating the plan's approximate 
        benefit levels at various levels of pay and service, including 
        information as to whether such benefit levels are affected by 
        breaks in service, family leave, or otherwise.''.
    (b) Rule for Multiemployer Plans.--Section 105(d) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1025(d)) is amended 
to read as follows:
    ``(d) Notwithstanding subsection (a), in the case of a plan to 
which more than 1 unaffiliated employer is required to contribute and 
to which subsection (a)(1) applies, a statement described in subsection 
(a)(1) shall be required upon the written request of a participant or 
beneficiary.''.
    (c) Penalty for Failure To Disclose.--Section 502(c)(1)(A) of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 
1132(c)(1)(A)) is amended by striking ``or section 101(e)(1)'' and 
inserting ``, section 101(e)(1), or section 105(a)''.
    (d) Conforming Amendments.--
            (1) Section 101(a)(2) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1021(a)(2)) is amended by 
        striking ``105(a) and (c)'' and inserting ``105(a), (c), and 
        (d)''.
            (2) Section 106(b) of such Act (29 U.S.C. 1026(b)) is 
        amended by striking ``and 105(c)'' and inserting ``, 105(c), 
        and 105(d)''.
    (e) Effective Date.--The amendments made by this section shall 
apply to plan years beginning after the earlier of--
            (1) the date of issuance by the Secretary of Labor of 
        regulations--
                    (A) providing guidance for simplifying defined 
                benefit plan calculations with respect to the 
                information required under section 105 of the Employee 
                Retirement Income Security Act of 1974 (29 U.S.C. 
                1025), and
                    (B) requiring that the statements required under 
                the amendments made by this section are written in a 
                form calculated to be understood by an average plan 
                participant and specifying model language for such 
                statements, or
            (2) December 31, 1998.

SEC. 2. DISCLOSURE OF BENEFIT CALCULATIONS.

    (a) In General.--Section 105 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end 
the following:
    ``(e)(1) In the case of a participant or beneficiary who is 
entitled to a distribution of a benefit under an employee pension 
benefit plan, the administrator of such plan shall provide to the 
participant or beneficiary the information described in paragraph (2) 
upon the written request of the participant or beneficiary.
    ``(2) The information described in this paragraph includes--
            ``(A) a worksheet explaining how the amount of the 
        distribution was calculated and stating the assumptions used 
        for such calculation,
            ``(B) upon written request of the participant or 
        beneficiary, any documents relating to the calculation (if 
        available), and
            ``(C) such other information as the Secretary may 
        prescribe.
Any information provided under this paragraph shall be in a form 
calculated to be understood by the average plan participant.''.
    (b) Conforming Amendments.--
            (1) Section 101(a)(2) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1021(a)(2)), as amended by 
        section 1(d)(1), is amended by striking ``105(a), (c), and 
        (d)'' and inserting ``105(a), (c), (d), and (e)''.
            (2) Section 106(b) of such Act (29 U.S.C. 1026(b)), as 
        amended by section 1(d)(2), is amended by striking ``and 
        105(d)'' and inserting ``105(d), and 105(e)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions made after the date of enactment of this Act.

SEC. 3. DISCRETIONARY SECRETARIAL IMPOSITION OF PENALTIES FOR FAILURE 
              TO DISCLOSE TO PARTICIPANTS AND BENEFICIARIES.

    (a) In General.--Section 501(c) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the 
end the following:
    ``(7) The Secretary may assess a civil penalty of not more than 
$100 a day for each violation by any administrator of section 104(b) or 
105. For purposes of this paragraph, each violation with respect to any 
single participant or beneficiary shall be treated as a separate 
violation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to violations occurring after the date of enactment of this Act.

SEC. 4. CLARIFICATION OF DEFINITION OF PARTICIPANT.

    Section 3(7) of the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1002(7)) is amended by striking ``who is or may become'' and 
inserting ``who was, is, or may become''.

SEC. 5. REVIEW OF DENIAL OF BENEFIT CLAIMS.

    (a) Model Alternative Dispute Resolution Procedure.--Section 503 
(29 U.S.C. 1133) is amended--
            (1) by inserting ``(a) In General.--'' after ``Sec. 503.''; 
        and
            (2) by adding at the end the following:
    ``(b) Model Alternative Dispute Resolution Procedures.--
            ``(1) In general.--The Secretary shall establish a model 
        alternative dispute resolution procedure to be adopted by any 
        plan at its discretion for appeals of plan benefits claims 
        denials to which subsection (a) applies.
            ``(2) Experts and fees.--The Secretary--
                    ``(A) shall maintain a roster of employee benefit 
                experts who may be called upon to serve as neutral 
                experts in the procedure under paragraph (1), and
                    ``(B) may assess fees as necessary from each party 
                to cover the costs of experts called.
        The Secretary may reduce or waive a fee under subparagraph (B) 
        on the basis of inability to pay.
            ``(3) Notice.--The Secretary shall--
                    ``(A) notify individuals of the procedure 
                established under paragraph (1) or other sources of 
                assistance in resolving benefits claim disputes, and
                    ``(B) provide model information with respect to the 
                procedure to be included in all summary plan 
                descriptions and benefit determinations.''
    (b) Effective Date.--The amendments made by this section shall 
apply to claims made after the date of enactment of this Act.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require furnishing of pension benefits statements:  (1) annually by plans other than defined benefit plans; (2) triennially by defined benefit plans; and (3) upon written request by any plan. 
Requires a plan administrator to disclose certain information relating to calculation of pension benefits upon the request of any participant or beneficiary entitled to a benefit distribution under an employee pension benefit plan. 
Authorizes the Secretary of Labor to assess civil penalties for plan administrators' failures to disclose certain information to participants and beneficiaries. 
Directs the Secretary to:  (1) establish a model alternative dispute resolution procedure to be adopted by any plan at its discretion for appeals of plan benefits claims denials to which certain ERISA provisions apply; and (2) maintain a roster of employee benefit experts who may be called upon to serve as neutral experts in such procedure.  Authorizes the Secretary to:  (1) assess fees to cover the costs of experts called; and (2) reduce or waive such a fee on the basis of inability to pay.