SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act''. SEC. 2. AGREEMENTS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Veterans Care Agreements.--(1) In addition to furnishing hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into pursuant to provisions of law other than this section, the Secretary may furnish such care and services to eligible veterans through the use of agreements entered into under this section by the Secretary with eligible providers. ``(2) The Secretary may enter into Veterans Care Agreements under this section with eligible providers to furnish hospital care, medical services, and extended care to veterans whom the Secretary determines that furnishing such care and services at facilities of the Department or under contracts or sharing agreements under provisions of law other than this section is impracticable or inadvisable because of the medical condition of the veteran, the travel involved, or the nature of the care or services required, or a combination of such factors. ``(b) Veteran Eligibility.--Eligibility of a veteran for care and services under this section shall be determined as if such care or services were furnished in a facility of the Department, and provisions of this title applicable to veterans receiving such care and services in a facility of the Department shall apply to veterans receiving care and services under this section. ``(c) Provider Eligibility.--Subject to the certification process pursuant to subsection (d)(1), a provider of hospital care, medical services, or extended care is eligible to enter into a Veterans Care Agreement under this section if the Secretary determines that the provider meets each of the following criteria: ``(1) The gross annual revenue of the provider in the year preceding the year in which the provider enters into the Veterans Care Agreement does not exceed $11,000,000 (as adjusted in a manner similar to amounts adjusted pursuant to section 5312 of this title). ``(2) The provider does not otherwise provide such care or services to patients pursuant to a contract entered into with a department or agency of the Federal Government. ``(3) The provider is-- ``(A) a provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)); ``(B) a physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)); ``(C) a provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan; ``(D) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or ``(E) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(4) Any additional criteria determined appropriate by the Secretary. ``(d) Provider Certification.--(1) The Secretary shall establish a process for the certification of eligible providers to enter into Veterans Care Agreements under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submission of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for the approval and denial of certifications and the revocation of certifications. ``(C) Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(D) Requirement for denial or revocation of certification if the Secretary determines that the otherwise eligible provider is-- ``(i) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(ii) identified as an excluded source on the list maintained in the System for Award Management, or any successor system. ``(E) Procedures by which a provider whose certification is denied or revoked under the procedures established under this subsection will be identified as an excluded source on the list maintained in the System for Award Management, or successor system, if the Secretary determines that such exclusion is appropriate. ``(2) To the extent practicable, the Secretary shall establish the procedures under paragraph (1) in a manner that takes into account any certification process administered by another department or agency of the Federal Government that an eligible provider has completed by reason of being a provider described in any of subparagraphs (A) through (E) of subsection (c)(3). ``(e) Terms of Agreements.--The Secretary shall ensure that each Veterans Care Agreement include provisions requiring the eligible provider to do the following: ``(1) To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable-- ``(A) the rates paid by the United States for such care to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); ``(B) the rates paid by the United States pursuant to the Alaska Fee Schedule of the Department of Veterans Affairs; ``(C) the rates paid by the United States pursuant to an All-Payer Model Agreement under the Social Security Act; or ``(D) the rates paid by the United States in a highly rural area pursuant to section 101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(2) To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care. ``(3) To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care and services outside the scope of such authorization. ``(4) To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section. ``(5) Not to seek to recover or collect from a health-plan contract or third party (as those terms are defined in section 1729 of this title) for any care or services for which payment is made by the Department under this section. ``(6) To provide medical records for veterans furnished care and services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section, except the Secretary may not require that any payment by the Secretary to the eligible provider be contingent on such provision of medical records. ``(7) To meet other such terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(f) Exclusion of Certain Federal Contracting Provisions.--(1) Notwithstanding any other provision of law, the Secretary may enter into a Veterans Care Agreement using procedures other than competitive procedures. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section, an eligible provider that enters into a Veterans Care Agreement under this section is not subject to, in the carrying out of the agreement, any provision of law that providers of services and suppliers under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) are not subject to. ``(B) In addition to the provisions of laws covered by subparagraph (A), an eligible provider shall be subject to the following provisions of law: ``(i) Any applicable law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties. ``(ii) Section 431 of title 18. ``(iii) Section 1352 of title 31, except for the filing requirements under subsection (b) of such section. ``(iv) Section 4705 or 4712 of title 41, and any other applicable law regarding the protection of whistleblowers. ``(v) Section 4706(d) of title 41. ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under a Veterans Care Agreement. ``(C) An eligible provider that receives a payment from the Federal Government pursuant to a Veterans Care Agreement shall not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs of the Department of Labor based on the work performed or actions taken by such eligible provider that resulted in the receipt of such payments. ``(g) Termination of Veterans Care Agreement.--(1) An eligible provider may terminate a Veterans Care Agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section. ``(2) The Secretary may terminate a Veterans Care Agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for the purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply with the provisions of the agreement or this section or other applicable provision of law; ``(B) makes a revocation pursuant to subsection (d)(1)(4); ``(C) ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans of the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of veterans. ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care Agreement entered into under this section shall be for a two-year period unless the Secretary extends the agreement pursuant to paragraph (2)(B). ``(2)(A) During the 180-day period beginning 540 days after the date on which a Veterans Care Agreement is entered into or renewed, the Secretary shall review the agreement to determine whether it is feasible and advisable to instead furnish the hospital care, medical services, or extended care furnished under the agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(B) If the Secretary determines under subparagraph (A) that it is not feasible and advisable to instead furnish hospital care, medical services, or extended care furnished under a Veterans Care Agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section, the Secretary-- ``(i) shall prepare a written memorandum of such determination; and ``(ii) may renew such agreement. ``(i) Disputes.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered into a Veterans Care Agreement to present any dispute arising under or related to the agreement. ``(2) Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under a Veterans Care Agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1). ``(j) Annual Reports.--Not later than October 1 of the year following the fiscal year in which the Secretary first enters into a Veterans Care Agreement, and each year thereafter, the Secretary shall submit to the appropriate congressional committees an annual report that includes-- ``(1) a list of all Veterans Care Agreements entered into as of the date of the report; and ``(2) summaries of each determination made by the Secretary under subsection (h)(2) during the fiscal year covered by the report. ``(k) Quality of Care.--In carrying out this section, the Secretary shall use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. ``(l) Delegation.--The Secretary may delegate the authority to enter into or terminate a Veterans Care Agreement, or to make a determination described in subsection (h)(2), at a level not below the Assistant Deputy Under Secretary for Health for Community Care. ``(m) Sunset.--The Secretary may not enter into or renew a Veterans Care Agreement under this section after the date that is five years after the enactment of this Act. ``(n) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means-- ``(A) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and ``(B) the Committees on Appropriations of the House of Representatives and the Senate. ``(2) The term `eligible provider' means a provider of hospital care, medical services, or extended care that the Secretary determines is eligible to enter into Veterans Care Agreements under subsection (c). ``(3) The term `Veterans Care Agreement' means an agreement entered into by the Secretary with an eligible provider under subsection (a)(1).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Veterans Care Agreements with certain health care providers.''. (c) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe interim final regulations to implement section 1703A of title 38, United States Code, as added by subsection (a), and publish such regulations in the Federal Register.

Summary: Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act This bill authorizes the Department of Veterans Affairs (VA), in addition to furnishing hospital care, medical services, or extended care at VA facilities or under contracts or sharing agreements, to furnish such care and services to eligible veterans through the use of Veterans Care Agreements with eligible providers. An eligible provider is: a provider whose income in the year preceding the year of entering into an agreement did not exceed $11 million; a provider who does not otherwise provide such care or services pursuant to a federal contract; and a physician or provider of Medicaid or Medicare services, an Aging and Disability Resource Center, an area agency on aging, or a center for independent living. The VA shall: (1) establish a certifying process for providers, (2) review agreements at least once every two years, and (3) use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. The VA may enter into an agreement using non-competitive procedures.


SECTION 1. SHORT TITLE. This Act may be cited as ``Foreign Credit Reform Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Unsustainable debt in the world's poorest countries constitutes a serious impediment to the development of stable democratic political structures, broad-based economic growth, poverty eradication, and food security. (2) Financing should be appropriate for the purposes for which it is used and should, to the maximum extent possible, generate a return sufficient to pay the principal and interest due. As such, long-term lending for perishable goods, such as food commodities, may be construed as inappropriate to the extent that it places a long-term debt burden on the recipient country without generating sufficient revenues with which to service the debt. (3) Since 1955, the United States has extended more than $27,800,000,000 in loans for food under title I of the Agricultural Trade Development and Assistance Act of 1954 (commonly referred to as ``PL 480''), $10,632,858,000 of which remained outstanding at the end of 2002. (4) As of December 31, 2002, arrears on principal and interest payments under title I of PL 480 totaled $1,241,472,000. (5) Since 1992 the United States provided the independent states of the former Soviet Union with $1,601,500,000 in loans for food under title I of PL 480, for which these countries are estimated to have paid $112,748,000 in principal and interest in 2003. Russia alone has received $1,035,000,000 in credits, paying an estimated $79,695,000 in principal and interest in 2003. (6) Rising debt stocks and debt-to-export ratios may undermine a country's credit worthiness and jeopardize its ability to borrow from commercial lenders. (7) Debt reduction contributes marginally to a country's development prospects if new debt is allowed to create the next generation of heavy indebtedness. Therefore, President Bush's initiative, adopted by Group of Seven (G-7) leaders at the June 2002 summit, to increase World Bank grant assistance to the most heavily indebted poor countries is a crucial step toward alleviating poverty, curbing future unsustainable debt, and providing for urgent human needs in countries in which people live on less than one dollar a day. Replacing loans with targeted grants will eliminate the need for governments to repay long-term investments in people, especially for education, health, nutrition, water supply, and sanitation purposes. (8) The G-7 agreement at the June 2002 summit to fully fund the remaining costs of the enhanced Heavily Indebted Poor Country (HIPC) initiative is essential to ensuring that eligible debt-distressed nations receive full benefits under the HIPC debt relief measure. (9) The United States has been a leading voice for more than a decade in international debt reduction initiatives for poor countries, including a 1991 initiative to cancel $689,000,000 in food loans under title I of PL 480 owed by 15 sub-Saharan African countries. (10) The United States must continue its leadership role to encourage full participation by all Paris Club creditors in multilateral debt negotiations. (11) Several poor countries that are not eligible for enhanced HIPC debt reduction terms face a severe debt overhang that undermines increased resource allocation for development and discourages productive investment. (12) The World Bank, which has provided over $1,700,000,000 since 1986 to fight the spread of HIV/AIDS, should continue to place the highest priority on programs to combat infectious diseases, including HIV/AIDS, malaria, and tuberculosis. (13) Debt reduction is an important, but only partial solution to long-term development. Promoting an environment that will stimulate internal economic growth, promote trade and external investment, and encourage responsible governance are the most important ingredients for sustainable growth. TITLE I--MULTILATERAL DEBT RELIEF SEC. 101. SUPPORT FOR THE HIPC TRUST FUND. Section 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced on October 24, 2000, and enacted into law by section 101(a) of Public Law 106-429 (and contained in the appendix thereto) is amended by striking ``2003, $435,000,000'' and inserting ``2006, such sums as may be necessary''. SEC. 102. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND. The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is further amended by adding at the end the following: ``SEC. 64. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND. ``(a) Negotiation of Agreement.--The Secretary of the Treasury shall seek to negotiate an agreement among the member countries of the Bank and the Fund, under which, on approval by the Global Fund of a grant proposal originating from an eligible country, the Bank and the Fund shall make a contribution to the Global Fund in an amount equal to the amount of the grant award for the year, except that the total amount of the contributions so made with respect to the country during a year shall not exceed the total amount of debt service payments made by the country to the Bank and the Fund during the year. ``(b) Definitions.--In this section: ``(1) Global fund.--The term `Global Fund' means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria that was established upon the call of the United Nations Secretary General in April 2001. ``(2) Eligible country.--The term `eligible country' means a country-- ``(A) which has received debt relief under the Enhanced HIPC Initiative; and ``(B) in which the prevalence of HIV/AIDS among individuals who have attained 15 years of age but have not attained 49 years of age is not less than 5 percent. ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC Initiative' means the multilateral debt initiative for heavily indebted poor countries presented in the Report of G-7 Finance Ministers on the Cologne Debt Initiative to the Cologne Economic Summit, Cologne, June 18-20, 1999. ``(4) HIV/AIDS.--The term `HIV/AIDS' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. ``(5) HIV.--The term `HIV' means the human immunodeficiency virus, the pathogen that causes AIDS. ``(6) AIDS.--The term `AIDS' means the acquired immune deficiency syndrome.''. TITLE II--BILATERAL DEBT RELIEF SEC. 201. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF. Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on November 17, 1999, and enacted into law by section 1000(a)(5) of Public Law 106-113 (and contained in Appendix E thereto), is amended by striking ``2004'' and inserting ``2005''. SEC. 202. DEBT FORGIVENESS UNDER TITLE I OF PUBLIC LAW 480. (a) Debt Forgiveness.--For each of the fiscal years 2005 and 2006, the President is authorized and encouraged to use the authority of section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) to waive payments of principal and interest that a country described in subsection (b) would otherwise be required to make to the Commodity Credit Corporation under dollar sales agreements under title I of such Act (7 U.S.C. 1701 et seq.). (b) Country Described.--A country referred to in subsection (a) is a country-- (1) which has outstanding public and publicly guaranteed debt, the net present value of which on December 31, 2003, was at least 150 percent of the value of exports of the country in 2003; or (2) whose debt service payments on public and publicly guaranteed debt exceeded 8 percent of the value of its exports in 2003. (c) Applicable Provisions.--Except to the extent inconsistent with the provisions of this section, section 411 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except subsection (e) of such section) shall apply with respect to the authority to waive payments of principal and interest under this section to the same extent and in the same manner as such section applies to the authority to waive payments of principal and interest under section 411 of such Act. (d) Authorization of Appropriations.--For the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) for the reduction or cancellation of any debt pursuant to this section, there are authorized to be appropriated to the President for each of the fiscal years 2005 and 2006 such sums as may be necessary. SEC. 203. MISCELLANEOUS AMENDMENTS. (a) Financing Assistance Under Title I of Public Law 480.--Section 101(b) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701(b)) is amended-- (1) by striking ``To carry out the policies'' and inserting the following: ``(1) In general.--To carry out the policies''; (2) by striking ``developing countries'' and inserting ``developing countries described in paragraph (2)''; and (3) by adding at the end the following: ``(2) Developing country described.--A developing country referred to in paragraph (1) is a developing country that meets the following requirements: ``(A) The country is not prohibited from receiving assistance under the Foreign Assistance Act of 1961 by reason of the application of section 620(q) of such Act and irrespective of whether or not the President has determined that assistance to the country is in the national interest of the United States. ``(B) The country is not in default, during a period in excess of six calendar months, in payment to the United States of principal or interest on any loan made to such country under this title or under any other provision of law. ``(C) The country is not a low-income country or lower-middle income country, as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually). ``(D) The country is not a severely-indebted country or moderately-indebted country as defined by the International Bank for Reconstruction and Development in its World Development Indicators Report (issued in April 2004 and updated annually).''. (b) Economic Assistance Under the Foreign Assistance Act of 1961.-- Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended-- (1) by inserting after ``under this Act'' the second place it appears the following: ``or under title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.)''; and (2) by adding at the end the following: ``A determination by the President under the preceding sentence that assistance to a country is in the national interest of the United States shall be effective for a period not to exceed one calendar year.''.

Summary: Foreign Credit Reform Act of 2004 - Amends Federal law to extend authorization of appropriations for the U.S. contribution to the Heavily Indebted Poor Country (HIPC) Trust Fund. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to negotiate an agreement under which the International Bank for Reconstruction and Development and the International Monetary Fund shall contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria an amount equal to the amount of a country's annual debt service made to the Bank and the Fund. Authorizes the President to waive certain Agricultural Trade Development and Assistance Act of 1954 principal and interest payments owed to the Commodity Credit Corporation by eligible debt-heavy countries for FY 2005 and 2006. Amends such Act to define "developing country" for purposes of title I assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Opportunity for All Act of 2005''. SEC. 2. EDUCATIONAL OPPORTUNITY FOR ALL TAX CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EDUCATIONAL OPPORTUNITY TAX CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the qualified tuition expenses paid by the taxpayer during the taxable year (for education furnished during any academic period beginning in such taxable year). ``(2) Per student limitation.--The credit allowed under this section shall not exceed $4,000 with respect to any individual. ``(b) Election Not to Have Section Apply.--A taxpayer may elect not to have this section apply with respect to the qualified tuition expenses of an individual for any taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified tuition expenses.-- ``(A) In general.--The term `qualified tuition expenses' means tuition required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual's degree program. ``(C) Exception for nonacademic fees.--Such term does not include student activity fees, athletic fees, insurance expenses, or other fees or expenses unrelated to an individual's academic course of instruction. ``(D) Job improvement included.--Such term shall include tuition expenses described in subparagraph (A) with respect to any course of instruction at an eligible educational institution to acquire or improve job skills. ``(2) Eligible educational institution.--The term `eligible educational institution' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of the Taxpayer Relief Act of 1997, and ``(B) which is eligible to participate in a program under title IV of such Act. ``(d) Special Rules.-- ``(1) Identification requirement.--No credit shall be allowed under subsection (a) to a taxpayer with respect to the qualified tuition expenses of an individual unless the taxpayer includes the name and taxpayer identification number of such individual on the return of tax for the taxable year. ``(2) Adjustment for certain scholarships, etc.--The amount of qualified tuition expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced by the sum of any amounts paid for the benefit of such individual which are allocable to such period as-- ``(A) a qualified scholarship which is excludable from gross income under section 117, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual`s educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. ``(3) Treatment of expenses paid by dependent.--If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins-- ``(A) no credit shall be allowed under subsection (a) to such individual for such individual's taxable year, and ``(B) qualified tuition expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. ``(4) Treatment of certain prepayments.--If qualified tuition expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. ``(5) Denial of double benefit.--No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. ``(6) Coordination with hope scholarship and lifetime learning credits.--The qualified tuition and related expenses with respect to an individual for whom a Hope Scholarship Credit or the Lifetime Learning Credit under section 25A is allowed for the taxable year shall not be taken into account under this section. ``(7) No credit for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(8) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(e) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit.''. (b) Refundability of Credit.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or enacted by the Educational Opportunity for All Act of 2005''. (c) Conforming Amendments.-- (1) Sections 135(d)(2)(A), 222(c)(2)(A), 529(c)(3)(B)(v)(II), and 530(d)(2)(C)(i)(II) of the Internal Revenue Code of 1986 are each amended by inserting ``or section 36'' after ``section 25A'' each place it appears. (2) Section 6213(g)(2)(J) of such Code is amended by inserting ``or section 36(d)(1)'' after ``expenses)''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Educational opportunity tax credit. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2004, for education furnished in academic periods beginning after such date.

Summary: Educational Opportunity for All Act of 2005 - Amends the Internal Revenue Code to allow a refundable tax credit for qualfied tuition expenses. Defines "qualified tuition expenses" as tuition required for the enrollment of the taxpayer, the taxpayer's spouse or dependents at an institution of higher learning. Limits the annual amount of such credit to $4,000 per student.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom From Restraint Act of 1999''. SEC. 2. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF SENTINEL EVENTS UNDER MEDICARE. (a) In General.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395x et seq.) is amended by adding at the end the following: ``individuals' freedom from restraint and reporting of sentinel events ``Sec. 1897. (a) Definitions.--In this section: ``(1) Provider of services.--The term `provider of services' has the meaning given that term in section 1861(u), except that for purposes of this section the term includes a psychiatric hospital but does not include a home health agency. ``(2) Sentinel event.--The term `sentinel event' means an unexpected occurrence involving an individual in the care of a provider of services for treatment for a psychiatric or psychological illness that results in death or serious physical or psychological injury that is unrelated to the natural course of the individual's illness or underlying condition. ``(b) Protection of Right To Be Free From Restraints.--A provider of services eligible to be paid under this title for providing services to an individual entitled to benefits under part A or enrolled under part B (including an individual provided with a Medicare+Choice plan offered by a Medicare+Choice organization under part C) shall-- ``(1) protect and promote the right of each such individual to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience; ``(2) impose restraints-- ``(A) only to ensure the physical safety of the individual or other individuals in the care or custody of the provider; and ``(B) only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained); and ``(2) submit the reports required under subsection (c). ``(c) Reports.-- ``(1) Reports to agencies or entities with oversight authority.-- ``(A) In general.--A provider of services shall report each sentinel event that occurs to an individual while the individual is in the care or custody of the provider to-- ``(i) in the case of a provider of services participating in the program established under this title or the medicaid program under title XIX as a result of accreditation by a national accrediting body, the national accrediting body for that provider; and ``(ii) in the case of all other providers of services, the Secretary or, upon agreement between the Secretary and the relevant State, the State agency designated by the Secretary. ``(B) Investigation and further reporting of sentinel events.--Upon receipt of a report made pursuant to subparagraph (A), the agency or entity with oversight authority shall-- ``(i) ensure that the provider-- ``(I) conducts an investigation of the sentinel event reported; ``(II) determines the root cause or causes of the sentinel event; and ``(III) establishes a time-limited plan or strategy, that allows the agency or entity with oversight authority to review and approve the analyses and any corrective actions proposed or made by the provider of services, to correct the problem or problems that resulted in the sentinel event, and to lead to risk reduction; and ``(ii) prepare and submit the reports required under paragraph (2). ``(2) Reports to the secretary.-- ``(A) In general.--Subject to subparagraph (D), the agency or entity with oversight authority shall submit a report containing the information described in subparagraph (B) to the Secretary in such form and manner, and by such date, as the Secretary prescribes. ``(B) Information to be reported.-- ``(i) In general.--The report submitted under subparagraph (A) shall be submitted to the Secretary at regular intervals, but not less frequently than annually, and shall include-- ``(I) a description of the sentinel events occurring during the period covered by the report; ``(II) a description of any corrective action taken by the providers of services with respect to the sentinel events or any other measures necessary to prevent similar sentinel events from occurring in the future; ``(III) proposed systems changes identified as a result of analysis of events from multiple providers; and ``(IV) such additional information as the Secretary determines to be essential to ensure compliance with the requirements of this section. ``(ii) Information excluded.--The report submitted under subparagraph (A) shall not identify any individual provider of services, practitioner, or individual. ``(C) Additional reporting requirements when a provider has been identified as having a pattern of poor performance.-- ``(i) In general.--In addition to the report required under subparagraph (A), the agency or entity with oversight authority shall report to the Secretary the name and address of any provider of services with a pattern of poor performance. ``(ii) Determination of pattern.--The agency or entity with oversight authority shall determine if a pattern of poor performance exists with respect to a provider of services in accordance with the definition of pattern of poor performance developed by the Secretary under clause (iii). ``(iii) Development of definition.--The Secretary, in consultation with national accrediting organizations and others, shall develop a definition to identify a provider of services with a pattern of poor performance. ``(D) Authority to waive reporting requirement.-- The Secretary may waive the requirement to submit a report required under this paragraph (but not a report regarding a sentinel event that resulted in death required under paragraph (3)) upon consideration of the severity of the sentinel event. ``(3) Additional reporting requirements for sentinel events resulting in death.--In addition to the report required under paragraph (1), a provider of services shall report any sentinel event resulting in death to-- ``(A) the Secretary or the Secretary's designee; ``(B) the State Attorney General or, upon agreement with the State Attorney General, to the appropriate law enforcement agency; ``(C) the State agency responsible for licensing the provider of services; and ``(D) the State protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) for the State in which the event occurred. ``(4) Responsibilities of the agency or entity with oversight authority.--Upon receipt of a report of a sentinel event that resulted in death, the agency or entity with oversight authority shall, in addition to the requirements of paragraph (2)-- ``(A) determine whether the death was related to the use of restraints or seclusion; and ``(B) notify the Secretary of the determination. ``(5) Sanctions for failure to report.-- ``(A) In general.--The Secretary shall establish sanctions, including intermediate sanctions, as appropriate, for failure of a provider of services or an agency or entity with oversight authority to submit the reports and information required under this subsection. ``(B) Removal of agency or entity with oversight authority.--The Secretary, after notice to an agency or entity with oversight authority of a provider of services, as determined in paragraph (1), and opportunity to comply, may remove the agency or entity of such authority if the agency or entity refuses to submit the reports and information required under this subsection. ``(6) Liability for reporting.--An individual, provider of services, agency, or entity shall be liable with respect to any information contained in a report required under this subsection if the individual, provider of services, agency, or entity had knowledge of the falsity of the information contained in the report at the time the report was submitted under this subsection. Nothing in the preceding sentence shall be construed as limiting the liability of an individual, provider of services, agency, or entity for damages relating to the occurrence of a sentinel event, including a sentinel event that results in death. ``(7) Nondisclosure of analysis.--Notwithstanding any other provision of law or regulation, the root cause analysis developed under this subsection shall be kept confidential and shall not be subject to disclosure or discovery in a civil action. ``(d) Establishment or Designation of Sentinel Events Database.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish or designate a database of information using the reports submitted under paragraphs (2) and (3) of subsection (c) (in this subsection referred to as the `Sentinel Events Database'). ``(2) Contents.-- ``(A) In general.--Subject to subparagraph (B), the Sentinel Events Database shall include the following: ``(i) The name and address of any provider of services that is the subject of a report submitted under subsection (c)(3), if the agency or entity with oversight authority has determined that the death was related to the use of restraints or seclusion. ``(ii) The information reported by the agency or entity under subparagraphs (B) and (C) of subsection (c)(2). ``(B) Confidentiality.--The Secretary shall establish procedures to ensure that the privacy of individuals whose treatment is the subject of a report submitted under paragraph (2) or (3) of subsection (c) is protected. ``(3) Procedures for entry of information.-- ``(A) In general.--The Secretary shall-- ``(i) prior to entry of information in the Sentinel Events Database, disclose the information to the provider of services that is the subject of the information; and ``(ii) establish procedures to-- ``(I) resolve disputes regarding the accuracy of the information; and ``(II) ensure the accuracy of the information. ``(B) No delay of sanctions.--Any sanction to be imposed by the Secretary against a provider of services or an agency or entity with oversight authority in relation to a sentinel event shall not be delayed as a result of a dispute regarding the accuracy of information to be entered into the database. ``(4) Access to the database.-- ``(A) Availability.--The Secretary shall establish procedures for making the information maintained in the Sentinel Events Database related to a sentinel event resulting in death, and any reports of sentinel injuries arising from those providers of services with a pattern of poor performance identified in accordance with subsection (c)(2)(C), available to Federal and State agencies, national accrediting bodies, health care researchers, and the public. ``(B) Internet access.--In addition to any other procedures that the Secretary develops under subparagraph (A), the information in the Sentinel Events Database shall be accessible through the Internet. ``(C) Fees for disclosure.-- ``(i) In general.--Subject to clause (ii), the Secretary may establish or approve reasonable fees for disclosing information maintained in the Sentinel Events Database. ``(ii) No fee for federal agencies.--No fee shall be charged to a Federal agency for access to the Sentinel Events Database. ``(iii) Application of fees.--Fees collected under this clause shall be applied by the Secretary toward the cost of maintaining the Sentinel Events Database.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section take effect on the date of enactment of this Act. (2) Reporting requirements.--The reporting requirements under section 1897(c) of the Social Security Act, as added by subsection (a), shall apply to sentinel events occurring on and after the date of enactment of this Act. SEC. 3. INDIVIDUALS' RIGHT TO FREEDOM FROM RESTRAINT AND REPORTING OF SENTINEL EVENTS UNDER MEDICAID. (a) State Plans for Medical Assistance.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (65), by striking the period and inserting ``; and''; and (2) by adding at the end the following: ``(66) provide that the State will ensure that any congregate care provider (as defined in section 1905(v)) that provides services to an individual for which medical assistance is available shall-- ``(A) protect and promote the right of each individual to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience; ``(B) impose restraints only-- ``(i) to ensure the physical safety of the individual or other individuals; and ``(ii) upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained); and ``(C) submit the reports required under subsection (c) of section 1897 (relating to sentinel events) in the same manner as a provider of services under that section is required to submit such reports.''. (b) Definition of Congregate Care Provider.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following: ``(v) The term `congregate care provider' means an entity that provides hospital services, nursing facility services, services of intermediate care facilities for the mentally retarded, hospice care, residential treatment centers for children, services in an institution for mental diseases, inpatient psychiatric hospital services for individuals under age 21, or congregate care services under a waiver authorized under section 1915(c).''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section take effect on the date of enactment of this Act. (2) Reporting requirements.--The reporting requirements under section 1902(a)(66)(C) of the Social Security Act (42 U.S.C. 1396a(a)(66)(C)), as added by subsection (a), shall apply to sentinel events occurring on and after the date of enactment of this Act.

Summary: Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care; and (2) only upon the written order of a physician specifying the duration and circumstances under which restraints are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database. Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act. Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance; and (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action.


Described.-- (1) In general.--For purposes of subsection (a)(1), a joint resolution is described in this paragraph if it is a joint resolution of the two Houses of Congress and the matter after the resolving clause of such a joint resolution is as follows: ``That the Congress authorizes and directs the United States Trade Representative to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to XX with respect to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on XX,'' the first blank space being filled with the specific rules and procedures with respect to which Trade Representative is to undertake negotiations and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 4(b) which has given rise to the joint resolution. (2) Withdrawal resolution.--For purposes of subsection (a)(2), a joint resolution is described in this paragraph if it is a joint resolution of the two Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That the Congress authorizes and directs the United States Trade Representative to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to XX with respect to the affirmative report submitted to the Congress by the WTO Dispute Settlement Review Commission on XX and if such negotiations do not result in a solution that the Trade Representative, by XX, certifies to the Congress is satisfactory, the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of the Act'', the first blank space being filled with the specific rules and procedures with respect to which the Trade Representative is to undertake negotiations, the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 4(b) which has given rise to the joint resolution, and the third blank space being filled with the date the Congress withdraws its approval of the WTO Agreement. (c) Procedural Provisions.-- (1) In general.--The requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and-- (A) in the case of a joint resolution described in subsection (b)(1), the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives an affirmative determination from the Commission described in section 4(b), or (B) in the case of a joint resolution described in subsection (b)(2), the Commission has made 3 affirmative determinations described in section 4(b) during a 5-year period, and the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the third such affirmative determination. (2) Presidential veto.--In any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), whichever is applicable, or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction.-- (A) Time.--A joint resolution to which this section applies may be introduced at any time on or after the date on which the Commission transmits to the Congress an affirmative determination described in section 4(b), and before the end of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), as the case may be. (B) Any member may introduce.--A joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures.-- (A) General rule.--Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to joint resolutions described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report of discharge of committee.--If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(d) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees.--It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rules for house.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS. (a) In General.--If the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks-- (1) to enforce United States rights under a multilateral trade agreement; or (2) to defend a challenged action or determination of the United States Government; a private United States person that is supportive of the United States Government's position before the panel or Appellate Body and that has a direct economic interest in the panel's or Appellate Body's resolution of the matters in dispute shall be permitted to participate in consultations and panel proceedings. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person. (b) Access to Information.--The United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential. (c) Participation in Panel Process.--Upon request from a person described in subsection (a), the United States Trade Representative shall-- (1) consult in advance with such person regarding the content of written submissions from the United States to the WTO panel concerned or to the other member countries involved; (2) include, where appropriate, such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel; (3) allow such special delegation member, where such member would bring special knowledge to the proceeding, to appear before the panel, directly or through counsel, under the supervision of responsibility United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel as a member of the special delegation. SEC. 207. DEFINITIONS. For purposes of this Act: (1) Appellate body.--The term ``Appellate Body'' means the Appellate Body established under article 17.1 of the Dispute Settlement Understanding. (2) Adverse to the united states.--The term ``adverse to the United States'' includes any report which holds any law, regulation, or application thereof by a government agency to be inconsistent with international obligations under a Uruguay Round Agreement (or a nullification or impairment thereof), whether or not there are other elements of the decision which favor arguments made by the United States. (3) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to article 6 of the Dispute Settlement Understanding. (4) Dispute settlement body.--The term ``Dispute Settlement Body'' means the Dispute Settlement Body administering the rules and procedures set forth in the Dispute Settlement Understanding. (5) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the understanding on rules and procedures governing the settlement of disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (6) Uruguay round agreement.--The term ``Uruguay Round Agreement'' means any of the agreements described in section 101(d) of the Uruguay Round Agreements Act. (7) World trade organization; wto.--The term ``World Trade Organization'' and ``WTO'' mean the organization established pursuant to the WTO Agreement. (8) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.

Summary: TABLE OF CONTENTS: Title I: NAFTA Renegotiation Act Title II: WTO Dispute Settlement Review Commission Act NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act - Title I: NAFTA Renegotiation Act - Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations. Title II: WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body. Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations. Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1997, Congress has recognized the importance of osteoporosis prevention by standardizing coverage under the Medicare program for bone mass measurement. (2) Osteoporosis remains underdiagnosed and undertreated despite numerous Federal initiatives, including recommendations of the United States Preventive Services Task Force, the 2004 United States Surgeon General's Report on Bone Health and Osteoporosis, and education, counseling, and referral for bone mass measurement during the Welcome to Medicare exam. (3) Even though osteoporosis is a highly manageable disease, many patients lack access to early diagnosis that can prevent debilitating fractures, morbidity, and loss of mobility. (4) Although Caucasians are most likely to sustain osteoporosis fractures, from 2005 to 2025 the cost of fractures among other populations is projected to increase by 175 percent for Latinos and Asian-Americans and 80 percent for African- Americans. (5) African-American women are more likely than Caucasian women to die following a hip fracture. (6) Osteoporosis is a critical women's health issue. Women account for 71 percent of fractures and 75 percent of osteoporosis-associated costs and the incidence of osteoporosis-related fractures is greater than the annual combined incidence, with respect to women, of heart attack, stroke, and breast cancer. (7) The World Health Organization, the Centers for Medicare & Medicaid Services, and other medical experts concur that the most widely accepted method of measuring bone mass to predict fracture risk is dual-energy x-ray absorptiometry (in this section referred to as ``DXA''). Vertebral fracture assessment (in this section referred to as ``VFA'') is another test used to identify patients at high risk for future fracture. (8) DXA is a cost-effective preventive test with proven results in real world settings. DXA testing increases the number of people diagnosed with osteoporosis and treated, dramatically reducing hip fractures and related costs. (9) DXA screening is associated with a significant (37 percent) reduction in hip fracture rates. (10) Unlike other imaging procedures, DXA remains severely underutilized, with only one in four women enrolled in the Medicare program getting a DXA every two years. (11) Underutilization of bone mass measurement will strain the Medicare budget because-- (A) over half of all individuals in the United States who are age 50 or older have osteoporosis or low bone mass; (B) more than 52.4 million people in the United States had osteoporosis or low bone mass in 2010, as compared to 44 million people in the United States in 2002; (C) osteoporosis fractures are projected to increase by almost 50 percent from 2005 to 2025 with over 3 million fractures expected to occur annually by 2025; (D) the population aged 65 and older represents 89 percent of fracture costs; and (E) the economic burden of osteoporosis fractures is projected to increase by nearly 50 percent from 2005 to 2025, reaching 25.3 million in 2025. (12) Underutilization of bone mass measurement will also strain the Medicaid budget, which bears the cost of nursing home admissions for hip fractures for low-income Americans. (13) Reimbursement under the Medicare program for DXA provided in physician offices and other non-hospital settings was reduced by 50 percent and is scheduled to be reduced by a total of 62 percent by 2013. This drop represents one of the largest reimbursement reductions in the history of the Medicare program. Reimbursement for VFA will also be reduced by 30 percent by 2013. (14) The reduction in reimbursement discourages physicians from continuing to provide access to DXA or VFA in their offices. DXA testing for older women declined in 2009 for the first time since Congress passed the Bone Mass Measurement Act in 1997. Since two-thirds of all DXA scans are performed in non-facility settings, such as physician offices, patient access to bone mass measurement will continue to be severely compromised when more physicians discontinue providing such tests in their offices, thereby exacerbating the current underutilization of the benefit. SEC. 3. EXTENDING MINIMUM PAYMENT FOR BONE MASS MEASUREMENT. (a) In General.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (b)-- (A) in paragraph (4)(B), by striking ``for 2010 and 2011'' and inserting ``for each of 2010 through 2013''; and (B) in paragraph (6)-- (i) in the matter preceding subparagraph (A), by striking ``and 2011'' and inserting ``, 2011, 2012, and 2013''; and (ii) in subparagraph (C), by striking ``and 2011'' and inserting ``, 2011, 2012, and 2013''; and (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or 2011'' and inserting ``, 2011, 2012, or 2013''. (b) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the amendments made by subsection (a) by program instruction or otherwise.

Summary: Preservation of Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend through 2013 the minimum payment amount for dual-energy x-ray absorptiometry (DXA) services for bone mass measurement.


SECTION 1. FUEL ECONOMY TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: ``SEC. 25E. FUEL ECONOMY TAX CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the product of-- ``(1) $100, multiplied by ``(2) each mile per gallon (or portion thereof) for which the mile per gallon highway rating of a qualified vehicle placed in service by the taxpayer during the taxable year exceeds the CAFE standard applicable to such vehicle. ``(b) Limitations.-- ``(1) Limitation based on fuel efficiency.--In the case of any vehicle for which the mile per gallon highway rating exceeds 50 miles per gallon, paragraph (2) shall be applied by treating the the mile per gallon highway rating of such vehicle as 50 miles per gallon. ``(2) Limitation based on adjusted gross income.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by 5 percent for each $1,000 (or fraction thereof) by which the taxpayer's adjusted gross income exceeds $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Highway rating of qualified vehicle.--The highway rating of a qualified vehicle shall be the rating determined by the Secretary of Transportation for such vehicle. ``(2) Qualified vehicle.--The term `qualified vehicle' means a motor vehicle which is a passenger automobile or a light truck-- ``(A) the original use of which commences with the taxpayer, ``(B) which is acquired for use or lease by the taxpayer and not for resale, and ``(C) which is made by a manufacturer. ``(3) CAFE standard.--The term `CAFE standard' means the average fuel economy level established under chapter 329 of title 49, United States Code. ``(4) Motor vehicle.--The term `motor vehicle' has the meaning given such term by section 30(c)(2). ``(5) Other terms.--The terms `passenger automobile', `light truck', and ``manufacturer'' have the meanings given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act (42 U.S.C. 7521 et seq.). ``(d) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (g)). ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter for the taxable year with respect to any vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle for the taxable year. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit (including recapture in the case of a lease period of less than the economic life of a vehicle). ``(5) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Fuel economy tax credit.''. (c) Termination of Alternative Motor Vehicle Credit.--Subsection (j) of section 30B of the Internal Revenue Code of 1986 is amended to read as follows: ``(j) Termination.--This section shall not apply to any property purchased after the date of the enactment of this subsection.''. (d) Effective Date.--The amendments made by this section shall apply to vehicles placed in service after the date of the enactment of this Act in taxable years ending after such date.

Summary: Amends the Internal Revenue Code to allow an individual taxpayer who operates a passenger automobile or light truck a tax credit based upon the average fuel economy of such vehicle. Terminates the tax credit for alternative motor vehicles.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Consumer Protection Act of 2017''. SEC. 2. INTERLINING. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule requiring an air carrier to seek, in the event of a delay exceeding 3 hours, cancellation, or misconnection as a result of circumstances or an event within an air carrier's control, as determined by the Secretary of Transportation, alternative transportation for displaced passengers, including aboard another air carrier capable of transporting the passenger to his or her originally scheduled destination, and to accept, for a reasonable fee, the passengers of another air carrier who have been displaced by circumstances or an event within that air carriers control, as determined by the Secretary of Transportation, or if the passenger has been involuntarily denied boarding due to a lack of available seats. SEC. 3. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing a review of the following: (1) The commonalities and differences of computer network architecture used by air carriers operating under part 121 of title 14, Code of Federal Regulations. (2) Analysis of operationally critical functions, including consideration of passenger-facing functions such as reservation and notification systems, aircraft dispatch functions and how information regarding such functions and systems is transmitted to outstations, maintenance monitoring and planning systems, and crew scheduling systems. (3) The impact of consolidated systems and software that handle multiple critical functions. (4) The most common causes of airline computer network disruptions. (5) Industry best practices to prevent, and mitigate the impacts of, network disruptions. SEC. 4. COMPUTER NETWORK RESILIENCY. (a) In General.--Any schedule change resulting from a computer network disruption, security breach, or other inoperability, may be considered an event within an air carrier's control as determined by the Secretary of Transportation. (b) Computer Network Resiliency Working Group.--The Secretary of Transportation shall work closely with the airline industry computer network resiliency working group established under section 5 to improve computer networks for air carriers. (c) Final Rule.--Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall publish a final rule that requires an air carrier operating under part 121 of title 14, Code of Federal Regulations, to submit to the Administrator of the Federal Aviation Administration a plan detailing, at a minimum-- (1) the maintenance of computer network systems used to perform functions critical to the normal operation of the carrier; (2) the carrier's plan for restoring full functionality of such systems in the event of a service disruption; (3) the carrier's backup systems; and (4) the level of service and amenities offered to passengers whose flights are delayed or cancelled as a result of a computer network disruption and how the air carrier will comply with the plan requirements of section 6. (d) Plan Details.--Not later than 1 year after the establishment of the airline industry computer network resiliency working group under section 5, the contingency plan referred to in subsection (c) shall be submitted to the Administrator of the Federal Aviation Administration. Notwithstanding section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), such plan may not disclose to the public any plan specifics. The air carrier shall make available a general outline of the plan to the public. SEC. 5. AIRLINE INDUSTRY COMPUTER NETWORK RESILIENCY WORKING GROUP. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish the airline industry computer network resiliency working group (referred to in this section as ``the working group'') to serve as subject matter experts to the Secretary to foster collaboration and facilitate improvements in the resilience of computer networks used by air carriers in carrying out functions critical to the maintenance of regularly scheduled air transportation service, and in the recovery of operations in the event of network disruptions. (b) Objectives.--Objectives of the working group shall include efforts-- (1) to promote communication and coordination regarding computer network architecture across the airline industry; (2) to promote engagement between industry and government stakeholders regarding the development of guidelines and best practices; (3) to review past disruptions and lessons learned; and (4) to serve as the liaison between industry and government representatives on research and development and emerging technologies that enhance computer network resiliency. (c) Membership.--Membership on the working group shall include representatives who have responsibility for computer networks and their maintenance, including-- (1) at a minimum, Government representatives of the Federal Aviation Administration and the Department of Homeland Security; and (2) voluntary participation of representatives from the airline industry and their contractors and suppliers. (d) Meetings.--The working group shall meet not less than twice each year and may convene for additional meetings as needed. The group shall meet for a period of not less than 2 years. (e) Report.--The working group shall submit a report to the Secretary of Transportation that establishes voluntary guidelines for the resiliency of airline computer networks that handle operationally critical functions, best practices, and the conditions under which the working group may need to periodically meet or reconvene. SEC. 6. IMPROVED ACCOMMODATION OF DISPLACED PASSENGERS. Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall modify part 259 of title 14, Code of Federal Regulations to include the following: (1) Adoption of plan.--Each covered carrier shall adopt a contingency plan for lengthy terminal delays for its scheduled flights at each large hub airport, medium hub airport, small hub airport and non-hub airport in the United States at which it operates or markets such air transportation service and shall adhere to its plan's terms. (2) Contents of plan.--Each contingency plan for any delay, cancellation, or misconnection, affecting a passenger who has been involuntarily denied boarding as a result of circumstances or an event within an air carrier's control, as determined by the Administration of the Federal Aviation Administration (except in the case in which the flight crew determines that a passenger poses a danger to the safety of the flight), shall include, at a minimum, the following: (A) Essential needs.--An air carrier shall ensure that essential needs, including food, water, restroom facilities, and assistance in the case of a medical emergency are met. If the only available seating on the carrier's next flight to the passenger's destination is a higher class of service than purchased, the carrier shall transport the passenger on the flight at no additional cost. (B) Meal voucher.--In the case of a delay exceeding 4 hours, the air carrier shall provide a meal voucher or, if at the request of the passenger, cash equivalent to the value of a meal voucher. An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accepted such compensation when offered. (C) Lodging, transportation, and other vouchers.-- (i) In general.--In the case of a delay, cancellation, or misconnection as a result of circumstances or an event within an air carrier's control, as determined by the Secretary of Transportation, of which any portion exceeding 2 hours occurs between the period of time between 10 p.m. and 3 a.m., local time, of the following day, and with no guarantee of reaccommodation aboard another flight to the passenger's destination within the following 2 hours after the initial 2-hour delay, an air carrier shall provide the passenger with lodging, transportation to and from the airport to the place of lodging, and meal expenses. At the request of the passenger, the carrier shall alternatively compensate such passenger with the cash equivalent to the value of the lodging, meals, and transportation, or a voucher of equivalent value for future travel on the carrier. (ii) Lodging unavailable.--If lodging is unavailable, an carrier shall compensate a passenger with the cash equivalent to the value of the lodging, meals, and transportation, or, at the request of the passenger, a voucher of equivalent value for future travel on the carrier. (iii) Proximity to residence.--The provisions of clauses (i) and (ii) shall not apply to a passenger whose permanent residence is 60 miles or less from the airport where such delay, cancellation, or misconnection occurred. (iv) Failure to accept initial compensation.--An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accept such compensation when offered. SEC. 7. AIRCRAFT FLIGHTS WITHOUT FUNCTIONING LAVATORIES. (a) Limitation on Certain Aircraft Flights.--Chapter 417 of title 49, United States Code is amended by adding the following: ``Sec. 41725. Limitation on aircraft flights without functioning lavatories ``Not later than 90 days after the enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that a passenger who has purchased a ticket in scheduled passenger interstate or intrastate air transportation or in an aircraft in nonscheduled passenger interstate or intrastate air transportation, shall not pay any associated fee to select an alternative flight if it is determined before departure that the lavatory is not functioning.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end of the following: ``41725. Limitation on aircraft flights without functioning lavatories''.

Summary: Airline Consumer Protection Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule to require an air carrier to: seek, for a delay exceeding three hours, a cancellation, or a misconnection as a result of circumstances within the air carrier's control, alternative transportation for a displaced passenger; and accept, for a reasonable fee, a displaced passenger from another air carrier or a passenger involuntarily denied boarding due to a lack of available seats. The Government Accountability Office shall submit a report that reviews airline computer network functions. Any air carrier schedule change resulting from a computer network disruption, security breach, or other inoperability may be considered an event within a carrier's control. DOT shall: publish a final rule to require an air carrier to submit to the Federal Aviation Administration a plan for restoring full functionality of its computer network systems in the event of a service disruption; establish an airline industry computer network resiliency working group; modify federal regulations to require each air carrier to adopt a contingency plan for any delay, cancellation, or misconnection affecting a passenger; and issue regulations to ensure that a ticketed passenger shall not pay a fee to select an alternative flight if the aircraft's lavatory is not functioning.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lorton Correctional Complex Closure Act''. SEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX. (a) In General.--Notwithstanding any other provision of law, not later than 6 years after the date of the enactment of this Act, all real property and improvements thereon comprising the Lorton Correctional Complex as of the date of the enactment of this Act (other than any such property retained by the District of Columbia under the Implementation Plan described in section 4) shall be transferred to the Administrator of General Services for disposal in accordance with the Implementation Plan described in section 4. (b) Prohibiting Placement of Future District of Columbia Prison Facilities in Virginia.--No prison, penitentiary, jail, correctional institution, or related facility of the District of Columbia may be established in the Commonwealth of Virginia after the date of the enactment of this Act without the approval of the Governor of Virginia. SEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS. (a) Transfer to Federal Custody.-- (1) In general.--Notwithstanding any other provision of law, any District of Columbia felon who is committed to the custody of the Attorney General for a term of imprisonment on or after the date of the enactment of this Act shall be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of District of Columbia felons is similar to the treatment of other individuals under the control of the Director of the Bureau of Prisons. (2) Transition rule.--In the case of an individual convicted of a felony in the Superior Court of the District of Columbia who is under the custody and control of the Director of the District of Columbia Department of Corrections as of the date of the enactment of this Act, the individual shall be transferred to the control of the Director of the Bureau of Prisons not later than 5 years after the date of the enactment of this Act. (3) Conforming amendment.--Section 4042 of title 18, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(6) provide suitable quarters and provide for the safekeeping, care and subsistence and for the protection, instruction and discipline of all District of Columbia felons (as defined in section 3(b) of the Lorton Correctional Complex Closure Act) who are sentenced to death or committed to the custody of the Attorney General for a term of imprisonment.''. (b) District of Columbia Felon Defined.--The term ``District of Columbia felon'' means an individual convicted in the Superior Court of the District of Columbia of an offense punishable by death or imprisonment for a term exceeding one year (without regard to the sentence actually imposed), but does not include any individual convicted in the Superior Court of the District of Columbia of a misdemeanor offense, as a juvenile offender, or any person detained pending trial in the Superior Court of the District of Columbia. SEC. 4. IMPLEMENTATION PLAN. (a) Description of Plan.--In accordance with the process described in subsection (b), not later than 18 months after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress an Implementation Plan for the closure of the Lorton Correctional Complex which shall identify actions with respect to each of the following: (1) The future use of the land on which the Complex is located, including (if appropriate) plans for a regional park at the site. (2) The need to address the impact of such future uses on local and regional transportation resources. (3) If appropriate, the transfer of real property and improvements thereon to Federal agencies (including the Bureau of Prisons) for Federal use, the Government of the District of Columbia, or any other governmental entity. (4) If appropriate, the disposal of real property or improvements thereon. (5) Changes in law or regulation necessary to effect the purposes of this Act and the closure of the Lorton Correctional Complex. (6) Such other actions as considered appropriate by the Administrator to effectively implement this Act. (b) Process for Submission of Final Implementation Plan.-- (1) Development and submission of initial proposal by commission.--Not later than 13 months after the date of the enactment of the Act, the Commission shall develop and submit to the Administrator a proposal for the Implementation Plan. (2) Review of commission proposal.--Not later than 4 months after receiving the proposal for the Implementation Plan from the Commission under paragraph (1), the Administrator shall submit a proposal for the Plan to the Commission for comment and review. (3) Comments of commission.--During the 1-month period beginning on the date the Administrator submits the proposed final Implementation Plan to the Commission under paragraph (2), the Commission and each of its members may submit comments on the Plan to the Administrator. Any comments made by the Commission or any individual commissioner shall be transmitted by the Administrator with the final Implementation Plan under paragraph (4). (4) Submission of final plan.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall submit to Congress the final Implementation Plan for the closure of the Lorton Correctional Complex. (c) Automatic Implementation of Plan.--The Implementation Plan submitted by the Administrator under subsection (b)(4) shall take effect at the end of the 60-day period beginning on the day such plan is transmitted to the Speaker of the House of Representatives and the President of the Senate. SEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX. (a) Establishment.--There is hereby established a commission to be known as the Commission on Closure of the Lorton Correctional Complex. (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 11 members appointed not later than 1 month after the date of the enactment of this Act as follows: (A) The Fairfax County Board of Supervisors shall appoint 5 members, one of which shall be specially qualified by training and experience in matters relating to regional transportation problems and issues. (B) The Prince William County Board of Supervisors shall appoint 3 members. (C) The Mayor of the District of Columbia, with the advice and consent of the District of Columbia City Council, shall appoint 2 members. (D) The Administrator shall serve as an ex officio member. (2) Continuation of membership.-- (A) General rule.--Except as provided in subparagraph (B), if a member was appointed to the Commission because the member was an officer or employee of any government or if a member is appointed to the Commission and later becomes an officer or employee of a government, the member may continue service on the Commission for not longer than the 30- day period beginning on the date the member ceases to be such an officer or employee or becomes such an officer or employee, as the case may be. (B) Exception.--Service as a member of the Commission shall not be discontinued pursuant to subparagraph (A) in the case of a member who has served on the Commission for not less than 3 months. (3) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term, except that a member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Compensation.--No member of the Commission may receive additional pay, allowances, or benefits by reason of service on the Commission. (6) Quorum.--6 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (7) Chairperson; vice chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by a majority of the members of the Commission. (c) Director and Staff; Experts and Consultants.-- (1) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Commission and paid at the rate of basic pay payable for Level III of the Executive Schedule. (2) Appointment and pay of staff.--The Commission may appoint such personnel as it considers appropriate without regard to the provisions of title 5, United States Code, governing appointment to the competitive service. Such personnel shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (3) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Staff of federal agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties. (d) Powers.-- (1) Hearings and sessions.-- (A) In general.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out its duties under this Act. The Commission may administer oaths or affirmations to witnesses appearing before it. (B) Maximization of local involvement.--The Commission shall hold its hearings in a place and manner which maximizes local community involvement, input, and participation. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Information.--The Commission may secure directly from any department or agency of the United States any information necessary to enable it to carry out its duties under this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission to the extent otherwise permitted by law. (4) Gifts and donations.--The Commission may accept, use, and dispose of gifts or donations of services or property. (5) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Administrative support services.--The Administrator shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. (e) Termination.--The Commission shall terminate 30 days after submitting its final comments pursuant to section 4(b)(3). (f) Authorization of Appropriations.--There is authorized to be appropriated to the Commission for carrying out its duties under this Act an amount not to exceed $200,000. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services or the Administrator's designated representative. (2) Commission.--The term ``Commission'' means the Commission on Closure of the Lorton Correctional Complex established under section 5(a). (3) Lorton correctional complex.--The term ``Lorton Correctional Complex'' means any District of Columbia correctional, reformatory, or related facility which is located in the Commonwealth of Virginia and which is operated under the authority, control, supervision or management of the District of Columbia Department of Corrections, the Mayor of the District of Columbia, or any other agency or official of the District of Columbia. (4) Implementation plan.--The term ``Implementation Plan'' means the Implementation Plan described in section 4.

Summary: Lorton Correctional Complex Closure Act - Transfers the Lorton Correctional Complex to the Administrator of General Services (within six years) for disposal in accordance with an implementation plan for the closure of the Complex. Prohibits the establishment of any future District of Columbia (DC) prison facility in Virginia without the approval of the Governor of Virginia. Directs that any DC felon (excluding any individual convicted of a misdemeanor, as a juvenile offender, or any person detained pending trial in DC Superior Court) who is committed to the custody of the Attorney General for a term of imprisonment on or after the enactment date of this Act be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of such felons is similar to that of others under the control of the Director. Sets forth transition provisions. Requires the Administrator to submit to the Congress an implementation plan for the closure of the Complex which shall identify actions with respect to the future use of the land on which the Complex is located and other specified issues. Establishes a Commission on Closure of the Lorton Correctional Complex. Sets forth provisions regarding: (1) a process for submission of the final implementation plan; (2) review of the Commission's proposal; (3) comments by the Commission and its members on the plan to the Administrator; (4) submission of a final plan; (5) automatic implementation of the plan; (6) membership, terms, vacancies, compensation, powers, and termination of the Commission; and (7) staff, experts, and consultants to the Commission. Authorizes appropriations.