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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Fisheries Advisory 
Committee Act''.

SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.

    (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 
U.S.C. 713c-3), is amended by adding at the end the following:
    ``(f) American Fisheries Advisory Committee.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Committee.--The term `Committee' means the 
                American Fisheries Advisory Committee established under 
                paragraph (2).
                    ``(B) Marketing and promotion.--The term `marketing 
                and promotion' means an activity aimed at encouraging 
                the consumption of seafood or expanding or maintaining 
                commercial markets for seafood.
                    ``(C) Processor.--The term `processor' means any 
                person in the business of preparing or packaging 
                seafood (including seafood of the processor's own 
                harvesting) for sale.
                    ``(D) Seafood.--The term `seafood' means farm-
                raised and wild-caught fish or shellfish harvested in 
                the United States or by a United States flagged vessel 
                for human consumption.
                    ``(E) Seafood industry.--The term `seafood 
                industry' means harvesters, marketers, growers, 
                processors, and persons providing them with goods and 
                services.
            ``(2) Establishment.--Not later than 90 days after the date 
        of the enactment of the American Fisheries Advisory Committee 
        Act, the Secretary shall establish five regions within the 
        American Fisheries Advisory Committee as follows:
                    ``(A) Region 1 shall consist of Alaska, Hawaii, the 
                Commonwealth of the Northern Mariana Islands, and the 
                territories of Guam and American Samoa.
                    ``(B) Region 2 shall consist of Maine, New 
                Hampshire, Massachusetts, Rhode Island, Connecticut, 
                New York, Michigan, Minnesota, Wisconsin, Illinois, 
                Indiana, Ohio, and Pennsylvania.
                    ``(C) Region 3 shall consist of Texas, Alabama, 
                Louisiana, Mississippi, Florida, Puerto Rico, and the 
                territory of the Virgin Islands.
                    ``(D) Region 4 shall consist of California, 
                Washington, Oregon, and Idaho.
                    ``(E) Region 5 shall consist of New Jersey, 
                Delaware, Maryland, Virginia, North Carolina, South 
                Carolina, and Georgia.
            ``(3) Membership.--The Committee shall be composed of the 
        following members:
                    ``(A) Regional representation.--Each of the regions 
                listed in subparagraphs (A) through (E) of paragraph 
                (2) shall be represented on the Committee by two 
                members--
                            ``(i) who are appointed by the Secretary;
                            ``(ii) who reside in a State or territory 
                        in the region that the member will represent;
                            ``(iii) of which--
                                    ``(I) one shall have experience as 
                                a seafood harvester; and
                                    ``(II) one shall have experience as 
                                a processor; and
                            ``(iv) that are selected so that the 
                        members of the Committee have experience or 
                        expertise with as many seafood species as 
                        practicable.
                    ``(B) At-large members.--The Secretary shall 
                appoint to the Committee at-large members to ensure 
                that the Committee fairly reflects the expertise and 
                interest of the seafood industry located in each 
                region, as follows:
                            ``(i) One individual with experience in 
                        mass market food distribution.
                            ``(ii) One individual with experience in 
                        mass market food retail or food service.
                            ``(iii) One individual with experience in 
                        the marketing of seafood.
                            ``(iv) One individual with experience in 
                        growing seafood.
                            ``(v) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
            ``(4) Member terms.--The term for a member of the Committee 
        shall be three years, except that the Secretary shall designate 
        staggered terms for the members initially appointed to the 
        Committee.
            ``(5) Responsibilities.--The Committee shall be responsible 
        for--
                    ``(A) identifying needs of the seafood industry 
                that may be addressed by a project funded with a grant 
                under subsection (c);
                    ``(B) developing the request for proposals for such 
                grants;
                    ``(C) reviewing applications for such grants; and
                    ``(D) selecting applications for approval under 
                subsection (c)(2)(B).
            ``(6) Chair.--The Committee shall elect a chair by a 
        majority of those voting, if a quorum is present.
            ``(7) Quorum.--A simple majority of members of the 
        Committee shall constitute a quorum, but a lesser number may 
        hold hearings.
            ``(8) Meetings.--
                    ``(A) Frequency.--The Committee shall meet not more 
                than two times each year.
                    ``(B) Location.--The meetings of the Committee 
                shall rotate between the geographic regions described 
                under paragraph (2).
                    ``(C) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Committee.
            ``(9) Staff.--The Committee may employ staff as necessary 
        without regard to the provisions of title 5, United States 
        Code.
            ``(10) Per diem and expenses and funding.--
                    ``(A) In general.--A member of the Committee shall 
                serve without compensation, but shall be reimbursed in 
                accordance with section 5703 of title 5, United States 
                Code, for reasonable travel costs and expenses incurred 
                in performing duties as a member of the Committee.
                    ``(B) Funding.--The reimbursements made under 
                subparagraph (A) shall be paid with the funds made 
                available for grants under subsection (c).
            ``(11) Conflict of interest.--The conflict of interest and 
        recusal provisions set out in section 302(j) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1852(j)) shall apply to any decision by the Committee and to 
        all members of the Committee as if each member of the Committee 
        is an affected individual within the meaning of such section 
        302(j), except that in addition to the disclosure requirements 
        of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)), 
        each member of the Committee shall disclose any financial 
        interest or relationship in an organization or with an 
        individual that is applying for a grant under subsection (c) 
        held by the member of the Committee, including an interest as 
        an officer, director, trustee, partner, employee, contractor, 
        agent, or other representative.''.
    (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of 
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as 
follows:
    ``(3) No application for a grant under this subsection may be 
approved unless--
            ``(A) the Secretary is satisfied that the applicant has the 
        requisite technical and financial capability to carry out the 
        project; and
            ``(B) the application is selected for funding by the 
        American Fisheries Advisory Committee under subsection (f).''.
American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee.

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 ``Remote Monitoring Access Act of 
2005''.

SEC. 2. COVERAGE OF REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC 
              HEALTH CARE CONDITIONS.

    (a) In General.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Y), by striking ``and'' at the end;
            (2) in subparagraph (Z), by inserting ``and'' at the end; 
        and
            (3) by inserting after subparagraph (Z) the following new 
        subparagraph:
                    ``(AA) remote patient management services (as 
                defined in subsection (bbb));''.
    (b) Services Described.--Section 1861 of the Social Security Act 
(42 U.S.C. 1395x) is amended by adding at the end the following new 
subsection:

                  ``Remote Patient Management Services

    ``(bbb)(1) The term `remote patient management services' means the 
remote monitoring and management of an individual with a covered 
chronic health condition (as defined in paragraph (2)) through the 
utilization of a system of technology that allows a remote interface to 
collect and transmit clinical data between the individual and the 
responsible physician or supplier for the purposes of clinical review 
or response by the physician or supplier.
    ``(2) For purposes of paragraph (1), the term `covered chronic 
health condition' includes--
            ``(A) heart failure;
            ``(B) diabetes;
            ``(C) cardiac arrhythmia; and
            ``(D) any other chronic condition determined by the 
        Secretary to be appropriate for treatment through remote 
        patient management services.
    ``(3)(A) The Secretary, in consultation with appropriate physician 
groups, may develop guidelines on the frequency of billing for remote 
patient management services. Such guidelines shall be determined based 
on medical necessity and shall be sufficient to ensure appropriate and 
timely monitoring of individuals being furnished such services.
    ``(B) The Secretary, acting through the Agency for Health Care 
Research and Quality, shall do the following:
            ``(i) Not later than 1 year after the date of enactment of 
        the Remote Monitoring Access Act of 2005, develop, in 
        consultation with appropriate physician groups, a standard of 
        care and quality standards for remote patient management 
        services for the covered chronic health conditions specified in 
        subparagraphs (A), (B), and (C) of paragraph (2).
            ``(ii) If the Secretary makes a determination under 
        paragraph (2)(D) with respect to a chronic condition, develop, 
        in consultation with appropriate physician groups, a standard 
        of care and quality standards for remote patient management 
        services for such condition within 1 year of such 
        determination.
            ``(iii) Periodically review and update such standards of 
        care and quality standards under this subparagraph as 
        necessary.''.
    (c) Payment Under the Physician Fee Schedule.--Section 1848 of the 
Social Security Act (42 U.S.C. 1395w-4) is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (B)--
                            (i) in clause (ii)(II), by striking 
                        ``clause (iv)'' and inserting ``clauses (iv) 
                        and (v)''; and
                            (ii) by adding at the end the following new 
                        clause:
                            ``(v) Budgetary treatment of certain 
                        services.--The additional expenditures 
                        attributable to services described in section 
                        1861(s)(2)(AA) shall not be taken into account 
                        in applying clause (ii)(II) for 2006.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) Treatment of remote patient management services.--In 
        determining relative value units for remote patient management 
        services (as defined in section 1861(bbb)), the Secretary, in 
        consultation with appropriate physician groups, shall take into 
        consideration--
                    ``(A) costs associated with such services, 
                including physician time involved, installation and 
                information transmittal costs, costs of remote patient 
                management technology (including devices and software), 
                and resource costs necessary for patient monitoring and 
                follow-up (but not including costs of any related item 
                or non-physician service otherwise reimbursed under 
                this title); and
                    ``(B) the level of intensity of services provided, 
                based on--
                            ``(i) the frequency of evaluation necessary 
                        to manage the individual being furnished the 
                        services;
                            ``(ii) the amount of time necessary for, 
                        and the complexity of, the evaluation, 
                        including the information that must be 
                        obtained, reviewed, and analyzed; and
                            ``(iii) the number of possible diagnoses 
                        and the number of management options that must 
                        be considered.''; and
            (2) in subsection (j)(3), by inserting ``(2)(AA),'' after 
        ``(2)(W),''.
    (d) Incentive Payments.--Section 1833 of the Social Security Act 
(42 U.S.C. 1395l) is amended by adding at the end the following new 
subsection:
    ``(v) Incentive for Meeting Certain Standards of Care and Quality 
Standards in the Furnishing of Remote Patient Management Services.--In 
the case of remote patient management services (as defined in section 
1861(bbb)) that are furnished by a physician who the Secretary 
determines meets or exceeds the standards of care and quality standards 
developed by the Secretary under paragraph (3)(B) of such section for 
such services, in addition to the amount of payment that would 
otherwise be made for such services under this part, there shall also 
be paid to the physician (or to an employer or facility in cases 
described in clause (A) of section 1842(b)(6)) (on a monthly or 
quarterly basis) from the Federal Supplementary Medical Insurance Trust 
Fund an amount equal to 10 percent of the payment amount for the 
service under this part.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1, 2006.

Remote Monitoring Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions.