SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Access Community Hospital (EACH) Amendments of 1993''. SEC. 2. ESSENTIAL ACCESS COMMUNITY HOSPITAL (EACH) AMENDMENTS. (a) Increasing Number of Participating States.--Section 1820(a)(1) (42 U.S.C. 1395i-4(a)(1)) is amended by striking ``7'' and inserting ``9''. (b) Treatment of Inpatient Hospital Services Provided in Rural Primary Care Hospitals.-- (1) In general.--Section 1820(f)(1)(F) (42 U.S.C. 1395i- 4(f)(1)(F)) is amended to read as follows: ``(F) subject to paragraph (4), provides not more than 6 inpatient beds (meeting such conditions as the Secretary may establish) for providing inpatient care to patients requiring stabilization before discharge or transfer to a hospital, except that the facility may not provide any inpatient hospital services-- ``(i) to any patient whose attending physician does not certify that the patient may reasonably be expected to be discharged or transferred to a hospital within 72 hours of admission to the facility; or ``(ii) consisting of surgery or any other service requiring the use of general anesthesia (other than surgical procedures specified by the Secretary under section 1833(i)(1)(A)), unless the attending physician certifies that the risk associated with transferring the patient to a hospital for such services outweighs the benefits of transferring the patient to a hospital for such services.''. (2) Limitation on average length of stay.--Section 1820(f) (42 U.S.C. 1395i-4(f)) is amended by adding at the end the following new paragraph: ``(4) Limitation on average length of inpatient stays.--The Secretary may terminate a designation of a rural primary care hospital under paragraph (1) if the Secretary finds that the average length of stay for inpatients at the facility during the previous year in which the designation was in effect exceeded 72 hours. In determining the compliance of a facility with the requirement of the previous sentence, there shall not be taken into account periods of duty of inpatients in excess of 72 hours to the extent such periods exceed 72 hours because transfer to a hospital is precluded because of inclement weather or other emergency conditions.''. (3) Conforming amendment.--Section 1814(a)(8) (42 U.S.C. 1395f(a)(8)) is amended by striking ``such services'' and all that follows and inserting ``the individual may reasonably be expected to be discharged or transferred to a hospital within 72 hours after admission to the rural primary care hospital.''. (4) GAO reports.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit reports to Congress on-- (A) the application of the requirements under section 1820(f) of the Social Security Act (as amended by this subsection) that rural primary care hospitals provide inpatient care only to those individuals whose attending physicians certify may reasonably be expected to be discharged within 72 hours after admission and maintain an average length of inpatient stay during a year that does not exceed 72 hours; and (B) the extent to which such requirements have resulted in such hospitals providing inpatient care beyond their capabilities or have limited the ability of such hospitals to provide needed services. (c) Designation of Hospitals.-- (1) Permitting designation of hospitals located in urban areas.-- (A) In general.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (i) by striking paragraph (1) of subsection (e) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5); and (ii) in subsection (e)(1)(A) (as redesignated by subparagraph (A))-- (I) by striking ``is located'' and inserting ``except in the case of a hospital located in an urban area, is located'', (II) by striking ``, (ii)'' and inserting ``or (ii)'', (III) by striking ``or (iii)'' and all that follows through ``section,'', and (IV) in subsection (i)(1)(B), by striking ``paragraph (3)'' and inserting ``paragraph (2)''. (B) No change in medicare prospective payment.-- Section 1886(d)(5)(D) (42 U.S.C. 1395ww(d)(5)(D)) is amended-- (i) in clause (iii)(III), by inserting ``located in a rural area and'' after ``that is'', and (ii) in clause (v), by inserting ``located in a rural area and'' after ``in the case of a hospital''. (2) Permitting hospitals located in adjoining states to participate in state program.-- (A) In general.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (i) by redesignating subsection (k) as subsection (l); and (ii) by inserting after subsection (j) the following new subsection: ``(k) Eligibility of Hospitals Not Located in Participating States.--Notwithstanding any other provision of this section-- ``(1) for purposes of including a hospital or facility as a member institution of a rural health network, a State may designate a hospital or facility that is not located in the State as an essential access community hospital or a rural primary care hospital if the hospital or facility is located in an adjoining State and is otherwise eligible for designation as such a hospital; ``(2) the Secretary may designate a hospital or facility that is not located in a State receiving a grant under subsection (a)(1) as an essential access community hospital or a rural primary care hospital if the hospital or facility is a member institution of a rural health network of a State receiving a grant under such subsection; and ``(3) a hospital or facility designated pursuant to this subsection shall be eligible to receive a grant under subsection (a)(2).''. (B) Conforming amendments.--(i) Section 1820(c)(1) (42 U.S.C. 1395i-4(c)(1)) is amended by striking ``paragraph (3)'' and inserting ``paragraph (3) or subsection (k)''. (ii) Paragraphs (1)(A) and (2)(A) of section 1820(i) (42 U.S.C. 1395i-4(i)) are each amended-- (I) in clause (i), by striking ``(a)(1)'' and inserting ``(a)(1) (except as provided in subsection (k))'', and (II) in clause (ii), by striking ``subparagraph (B)'' and inserting ``subparagraph (B) or subsection (k)''. (d) Skilled Nursing Services in Rural Primary Care Hospitals.-- Section 1820(f)(3) (42 U.S.C. 1395i-4(f)(3)) is amended by striking ``because the facility'' and all that follows and inserting the following: ``because, at the time the facility applies to the State for designation as a rural primary care hospital, there is in effect an agreement between the facility and the Secretary under section 1883 under which the facility's inpatient hospital facilities are used for the furnishing of extended care services, except that the number of beds used for the furnishing of such services may not exceed the total number of licensed inpatient beds at the time the facility applies to the State for such designation (minus the number of inpatient beds used for providing inpatient care pursuant to paragraph (1)(F)). For purposes of the previous sentence, the number of beds of the facility used for the furnishing of extended care services shall not include any beds of a unit of the facility that is licensed as a distinct-part skilled nursing facility at the time the facility applies to the State for designation as a rural primary care hospital.''. (e) Payment for Outpatient Rural Primary Care Hospital Services.-- Section 1834(g)(1) (42 U.S.C. 1395m(g)(1)) is amended by adding at the end the following: ``The amount of payment shall be determined under either method without regard to the amount of the customary or other charge.''. (f) Clarification of Physician Staffing Requirement for Rural Primary Care Hospitals.--Section 1820(f)(1)(H) (42 U.S.C. 1395i- 4(f)(1)(H)) is amended by striking the period and inserting the following: ``, except that in determining whether a facility meets the requirements of this subparagraph, subparagraphs (E) and (F) of that paragraph shall be applied as if any reference to a `physician' is a reference to a physician as defined in section 1861(r)(1).''. (g) Technical Amendments Relating to Part A Deductible, Coinsurance, and Spell of Illness.--(1) Section 1812(a)(1) (42 U.S.C. 1395d(a)(1)) is amended-- (A) by striking ``inpatient hospital services'' the first place it appears and inserting ``inpatient hospital services or inpatient rural primary care hospital services''; (B) by striking ``inpatient hospital services'' the second place it appears and inserting ``such services''; and (C) by striking ``and inpatient rural primary care hospital services''. (2) Sections 1813(a) and 1813(b)(3)(A) (42 U.S.C. 1395e(a), 1395e(b)(3)(A)) are each amended by striking ``inpatient hospital services'' each place it appears and inserting ``inpatient hospital services or inpatient rural primary care hospital services''. (3) Section 1813(b)(3)(B) (42 U.S.C. 1395e(b)(3)(B)) is amended by striking ``inpatient hospital services'' and inserting ``inpatient hospital services, inpatient rural primary care hospital services''. (4) Section 1861(a) (42 U.S.C. 1395x(a)) is amended-- (A) in paragraph (1), by striking ``inpatient hospital services'' and inserting ``inpatient hospital services, inpatient rural primary care hospital services''; and (B) in paragraph (2), by striking ``hospital'' and inserting ``hospital or rural primary care hospital''. (h) Authorization of Appropriations.--Section 1820(k) (42 U.S.C. 1395i-4(k)) is amended by striking ``1990, 1991, and 1992'' and inserting ``1990 through 1995''. (i) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Summary: Essential Access Community Hospital (EACH) Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to make miscellaneous and technical changes with respect to Medicare's Essential Access Community Hospital Program and other Medicare provisions, including those relating to Medicare part A (Hospital Insurance) deductibles and co-payments. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Trauma Treatment Act''. SEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED SEXUAL TRAUMA. (a) Duration of Program.--Section 1720D of title 38, United States Code, is amended in subsection (a)-- (1) in paragraph (1), by striking ``During the period through December 31, 2001, the'' and inserting ``The''; (2) in paragraph (2), by striking ``During the period referred to in paragraph (1), the'' and inserting ``The''; and (3) in paragraph (3), by striking ``, during the period through December 31, 2001,''. (b) Mandatory Nature of Program.--Subsection (a) of such section is further amended in paragraphs (1) and (2) by striking ``may'' and inserting ``shall''. (c) Provision of Treatment for Sexual Trauma.--Such subsection is further amended in paragraphs (1) and (3) by inserting ``and treatment'' after ``counseling'' each place it appears. (d) Determinations To Be Made by Mental Health Professionals.--Such subsection is further amended in paragraph (1) by striking ``the Secretary determines'' and inserting ``a mental health professional employed by the Department determines''. (e) Outreach Efforts.--Subsection (c) of such section is amended-- (1) by inserting ``and treatment'' in the first sentence and in paragraph (2) after ``counseling''; (2) by striking ``and'' at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph (2): ``(2) shall ensure that information about the counseling and treatment available to veterans under this section (which information shall be revised and updated not less often than every two years)-- ``(A) is made available and visibly posted at each facility of the Department; and ``(B) is advertised through public service announcements, pamphlets, billboards, and other appropriate means of communication; and''. (f) Persons Eligible for Counseling and Treatment.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) A veteran shall be eligible for counseling and treatment under this section without regard to the provisions of section 5303A of this title. ``(2) An individual who is a member of a reserve component shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title. ``(3) An individual who is a former member of a reserve component (but who is not a veteran within the meaning of section 101 of this title) and who was discharged or released from service as a member of a reserve component under conditions other than dishonorable shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title.''. (g) Oversight of Outreach Activities.--Not later than four months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete the design and updating of public service announcements, pamphlets, billboards, and other appropriate means of communication as required for implementation of paragraph (2) of section 1720D(c) of title 38, United States Code, as added by subsection (e)(3). Not later than six months after that date, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives examples of the documents and other means of communication developed for compliance with that paragraph. (h) Report on Implementation of Sexual Trauma Treatment Program.-- Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the use made of the authority provided under section 1720D of title 38, United States Code, as amended by this section. The report shall include the following with respect to activities under such section 1720D since the enactment of such section 1720D: (1) The number of persons who have sought counseling under such section 1720D. (2) The number of veterans who have received counseling under such section. (3) The number of veterans who have been referred to non- Department mental health facilities and providers in connection with sexual trauma counseling and treatment. (4) The number of veterans who have been determined by the Secretary to have a service-connected disease or disability resulting from sexual trauma. SEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT SERVICES. (a) Report Required.--Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall submit to the congressional committees specified in subsection (b) a joint report describing in detail the collaborative efforts of the Department of Veterans Affairs and the Department of Defense to ensure that members of the Armed Forces, upon separation from active military, naval, or air service, are provided appropriate and current information about programs of the Department of Veterans Affairs to provide counseling and treatment for sexual trauma that may have been experienced by those members while in the active military, naval, or air service, including information about eligibility requirements for, and procedures for applying for, such counseling and treatment. The report shall include proposed recommendations from both the Secretary of Veterans Affairs and the Secretary of Defense for the improvement of their collaborative efforts to provide such information. (b) Specified Committees.--The committees referred to in subsection (a) are the following: (1) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (2) The Committee on Veterans' Affairs and the Committee on Armed Services of the Senate.

Summary: Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service (under current law the program authorizing such counseling expires in 2001). Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional (currently, the Secretary) to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications; and (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Accountability for Nuclear Waste Storage Act of 2007''. SEC. 2. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. (a) In General.--Title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10121 et seq.) is amended by adding at the end the following: ``Subtitle I--Dry Cask Storage of Spent Nuclear Fuel ``SEC. 185. DRY CASK STORAGE OF SPENT NUCLEAR FUEL. ``(a) Definitions.--In this section: ``(1) Contractor.--The term `contractor' means a person that holds a contract under section 302(a) and is licensed by the Commission to possess spent nuclear power reactor fuel. ``(2) Spent nuclear fuel dry cask.--The term `spent nuclear fuel dry cask' means the container (and all the components and systems associated with the container)-- ``(A) in which spent nuclear fuel is stored and naturally cooled at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site; and ``(B) with a design that is approved by the Commission by license or rule. ``(3) Spent nuclear fuel pool.--The term `spent nuclear fuel pool' means a water-filled container on a nuclear power reactor site in which spent nuclear fuel rods are stored. ``(b) Transfer of Spent Nuclear Fuel.-- ``(1) In general.--A contractor shall transfer spent nuclear fuel from spent nuclear fuel pools to spent nuclear fuel dry casks at an independent spent fuel storage installation that is licensed by the Commission and located at the power reactor site in accordance with this section. ``(2) Spent nuclear fuel stored as of date of enactment.-- Not later than 6 years after the date of enactment of this section, a contractor shall complete the transfer of all spent nuclear fuel that is stored in spent nuclear fuel pools as of the date of enactment of this section. ``(3) Spent nuclear fuel stored after date of enactment.-- Not later than 6 years after the date on which spent nuclear fuel is discharged from a reactor, a contractor shall complete the transfer of any spent nuclear fuel that is stored in a spent nuclear fuel pool after the date of enactment of this section. ``(4) Inadequate funds or availability.--If funds are not available to complete a transfer under paragraph (2) or (3), or if spent nuclear fuel dry casks suitable for the particular fuel are not available on reasonable terms and conditions, the contractor may apply to the Commission to extend the deadline for the transfer to be completed. ``(5) Commission licensing.-- ``(A) In general.--The transfer under paragraph (2) or (3) shall be to spent nuclear fuel dry casks generally licensed by the Commission. ``(B) Generally licensed spent nuclear fuel dry casks unavailable.--If generally licensed spent nuclear fuel dry casks described in subparagraph (A) are not available, the deadlines established in paragraphs (2) and (3) may be met by the good faith filing of an application to the Commission for a specific independent spent fuel storage installation license. ``(C) Expedited review.--The Commission shall expedite the review and decision of the Commission on an application received under subparagraph (B) in a manner that is consistent with public health and safety, common defense and security, and the right of an interested person to a hearing under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). ``(c) Funding.--The Secretary shall make grants to compensate a contractor for expenses incurred in carrying out subsection (b), including costs associated with-- ``(1) licensing and construction of an independent spent fuel storage installation located at the power reactor site; ``(2) fabrication and delivery of spent nuclear fuel dry casks; ``(3) transfers of spent nuclear fuel; ``(4) documentation relating to the transfers; ``(5) security; and ``(6) hardening and other safety or security improvements. ``(d) Conveyance of Title.-- ``(1) Certification and conveyance of title.-- ``(A) Certification.--The Commission shall certify to the Secretary when safe and secure transfer of spent nuclear fuel has been carried out under paragraph (2) or (3) of subsection (b). ``(B) Acceptance of title.--On receipt of the certification, the Secretary shall accept the conveyance of title to the spent nuclear fuel dry cask (including the contents of the spent nuclear fuel dry cask) from the contractor. ``(2) Responsibility.-- ``(A) In general.--A conveyance of title under paragraph (1)(B) shall confer on the Secretary full responsibility (including safety, security, and financial responsibility) for the subsequent possession, stewardship, maintenance, monitoring, and ultimate disposition of all spent nuclear fuel transferred to the Secretary. ``(B) Licenses.--On conveyance of title-- ``(i) the general or specific Commission license held by the contractor for the spent nuclear fuel dry cask shall be terminated; and ``(ii) a general license for the spent nuclear fuel dry cask under sections 53 and 81 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2111) shall be issued to the Secretary. ``(C) Regulations.--Not later than 5 years after the date of enactment of this section, the Commission shall promulgate regulations that establish the terms and conditions for licenses described in subparagraph (B)(ii). ``(e) Administration.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Secretary shall establish the capability to carry out subsection (d)(2) in a manner that protects the public health and safety and common defense and security, and complies with all applicable laws. ``(2) Contracts with licensees.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may contract with a holder of the operating license issued by the Commission for 1 or more of the power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of all or part of the tasks required to carry out subsection (d)(2). ``(B) Effect of contract.--A contract described in subparagraph (A) shall not relieve the Secretary of the ultimate responsibility of the Secretary under subsection (d)(2) and as a licensee of the Commission.''. (b) Use of Waste Fund.--Section 302(d) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(d)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the costs incurred in carrying out subsections (c) and (e) of section 185.''.

Summary: Federal Accountability for Nuclear Waste Storage Act of 2007 - Amends the Nuclear Waste Policy Act of 1982 to require commercial nuclear power plant operators to transfer, within six years after enactment of this Act, spent nuclear fuel from spent nuclear fuel pools into spent nuclear fuel dry casks at an independent spent fuel storage facility generally licensed by the Nuclear Regulatory Commission (NRC) and located at the power reactor site. Directs the Secretary of Energy to: (1) make grants to compensate a contractor for expenses incurred in carrying out such transfer; and (2) accept conveyance of title to a spent nuclear fuel dry cask (including its contents) from the contractor following certification of compliance by the NRC. States that conveyance of title confers upon the Secretary full responsibility for the possession, stewardship, maintenance, monitoring, and ultimate disposition of all transferred spent nuclear fuel. Authorizes the Secretary to contract with the holder of an NRC operating license for power reactors located on or adjacent to the spent nuclear fuel dry cask for the performance of such tasks.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Protection Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares that-- (1) the willingness of volunteers to offer their services is deterred by potential for liability actions against them and the organizations they serve; (2) as a result, many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, have been adversely affected by the withdrawal of volunteers from boards of directors and service in other capacities; (3) the contribution of these programs to their communities is thereby diminished, resulting in fewer and higher cost programs than would be obtainable if volunteers were participating; and (4) because Federal funds are expended on useful and cost- effective social service programs, many of which are national in scope, depend heavily on volunteer participation, and represent some of the most successful public-private partnerships, protection of volunteerism through clarification and limitation of the personal liability risks assumed by the volunteer in connection with such participation is an appropriate subject for Federal legislation. (b) Purpose.--The purpose of this Act is to promote the interests of social service program beneficiaries and taxpayers and to sustain the availability of programs, nonprofit organizations, and governmental entities that depend on volunteer contributions by reforming the laws to provide protection from personal financial liability to volunteers serving nonprofit organizations and governmental entities for actions undertaken in good faith on behalf of such organizations. SEC. 3. PREEMPTION. This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional incentives or protections to volunteers, or category of volunteers. SEC. 4. LIMITATION ON LIABILITY FOR VOLUNTEERS. (a) Liability Protection for Volunteers.--Except as provided in subsections (b) and (d), no volunteer of a nonprofit organization or governmental entity shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if-- (1) the volunteer was acting within the scope of his or her responsibilities in the nonprofit organization or governmental entity at the time of the act or omission; (2) if appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State undertaken within the scope of his or her responsibilities in the nonprofit organization or governmental entity; and (3) the harm was not caused by willful and wanton misconduct by the volunteer. (b) Concerning Responsibility of Volunteers With Respect to Organizations.--Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of such organization or entity. (c) No Effect on Liability of Organization.--Nothing in this section shall be construed to affect the liability of any nonprofit organization or governmental entity with respect to harm caused to any person. (d) Exceptions to Volunteer Liability Protection.--If the laws of a State limit volunteer liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this Act: (1) A State law that requires the organization or entity to adhere to risk management procedures, including mandatory training of volunteers. (2) A State law that makes the organization or entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that the limitation of liability does not apply if the volunteer was operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or vehicle owner to possess an operator's license or to maintain insurance. (4) A State law that the limitation of liability does not apply if the civil action was brought by an officer of a State or local government pursuant to State or local law. (5) A State law that the limitation of liability shall apply only if the nonprofit organization or governmental entity provides a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity. A financially secure source of recovery may be an insurance policy within specified limits, comparable coverage from a risk pooling mechanism, equivalent assets, or alternative arrangements that satisfy the State that the entity will be able to pay for losses up to a specified amount. Separate standards for different types of liability exposure may be specified. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the term ``economic losses'' means objectively verifiable monetary losses, including past and future medical expenses, loss of past and future earnings, cost of obtaining replacement services in the home (including child care, transportation, food preparation, and household care), cost of making reasonable accommodations to a personal residence, loss of employment, and loss of business or employment opportunities; (2) the term ``harm'' includes physical, nonphysical, economic, and noneconomic losses; (3) the term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature; (4) the term ``nonprofit organization'' means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (5) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession; and (6) the term ``volunteer'' means an individual performing services for a nonprofit organization or a governmental entity who does not receive-- (A) compensation (other than reimbursement or allowance for expenses actually incurred); or (B) any other thing of value in lieu of compensation, in excess of $300 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer. SEC. 6. EFFECTIVE DATE. This Act applies to any claim for harm caused by an act or omission of a volunteer filed on or after the date of enactment of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such date of enactment.

Summary: Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity.


SECTION 1. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Conservation area.--The term ``Conservation Area'' means the Las Cienegas National Conservation Area established by section 4(a). (2) Acquisition planning district.--The term ``Acquisition Planning District'' means the Sonoita Valley Acquisition Planning District established by section 2(a). (3) Management plan.--The term ``management plan'' means the management plan for the Conservation Area. (4) Public lands.--The term ``public lands'' has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except that such term shall not include interest in lands not owned by the United States. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. ESTABLISHMENT OF THE SONOITA VALLEY ACQUISITION PLANNING DISTRICT. (a) In General.--In order to provide for future acquisitions of important conservation land within the Sonoita Valley region of the State of Arizona, there is hereby established the Sonoita Valley Acquisition Planning District. (b) Areas Included.--The Acquisition Planning District shall consist of approximately 142,800 acres of land in the Arizona counties of Pima and Santa Cruz, including the Conservation Area, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Map and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Acquisition Planning District. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. SEC. 3. PURPOSES OF THE ACQUISITION PLANNING DISTRICT. (a) In General.--The Secretary shall negotiate with land owners for the acquisition of lands and interest in lands suitable for Conservation Area expansion that meet the purposes described in section 4(a). The Secretary shall only acquire property under this Act pursuant to section 7. (b) Federal Lands.--The Secretary, through the Bureau of Land Management, shall administer the public lands within the Acquisition Planning District pursuant to this Act and the applicable provisions of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), subject to valid existing rights, and in accordance with the management plan. Such public lands shall become part of the Conservation Area when they become contiguous with the Conservation Area. (c) Fish and Wildlife.--Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife within the Acquisition Planning District. (d) Protection of State and Private Lands and Interests.--Nothing in this Act shall be construed as affecting any property rights or management authority with regard to any lands or interest in lands held by the State of Arizona, any political subdivision of the State of Arizona, or any private property rights within the boundaries of the Acquisition Planning District. (e) Public Lands.--Nothing in this Act shall be construed as in any way diminishing the Secretary's or the Bureau of Land Management's authorities, rights, or responsibilities for managing the public lands within the Acquisition Planning District. (f) Coordinated Management.--The Secretary shall coordinate the management of the public lands within the Acquisition Planning District with that of surrounding county, State, and private lands consistent with the provisions of subsection (d). SEC. 4. ESTABLISHMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--In order to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important aquatic, wildlife, vegetative, archaeological, paleontological, scientific, cave, cultural, historical, recreational, educational, scenic, rangeland, and riparian resources and values of the public lands described in subsection (b) while allowing livestock grazing and recreation to continue in appropriate areas, there is hereby established the Las Cienegas National Conservation Area in the State of Arizona. (b) Areas Included.--The Conservation Area shall consist of approximately 42,000 acres of public lands in the Arizona counties of Pima and Santa Cruz, as generally depicted on the map entitled ``Sonoita Valley Acquisition Planning District and Las Cienegas National Conservation Area'' and dated October 2, 2000. (c) Maps and Legal Description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area. In case of a conflict between the map referred to in subsection (b) and the map and legal description submitted by the Secretary, the map referred to in subsection (b) shall control. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such map and legal description. Copies of the map and legal description shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, and in the appropriate office of the Bureau of Land Management in Arizona. (d) Forest Lands.--Any lands included in the Coronado National Forest that are located within the boundaries of the Conservation Area shall be considered to be a part of the Conservation Area. The Secretary of Agriculture shall revise the boundaries of the Coronado National Forest to reflect the exclusion of such lands from the Coronado National Forest. SEC. 5. MANAGEMENT OF THE LAS CIENEGAS NATIONAL CONSERVATION AREA. (a) In General.--The Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances its resources and values, including the resources and values specified in section 4(a), pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law, including this Act. (b) Uses.--The Secretary shall allow only such uses of the Conservation Area as the Secretary finds will further the purposes for which the Conservation Area is established as set forth in section 4(a). (c) Grazing.--The Secretary of the Interior shall permit grazing subject to all applicable laws, regulations, and Executive orders consistent with the purposes of this Act. (d) Motorized Vehicles.--Except where needed for administrative purposes or to respond to an emergency, use of motorized vehicles on public lands in the Conservation Area shall be allowed only-- (1) before the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motorized vehicles in the management plan that applies on the date of the enactment of this Act; and (2) after the effective date of a management plan prepared pursuant to section 6, on roads and trails designated for use of motor vehicles in that management plan. (e) Military Airspace.--Prior to the date of the enactment of this Act the Federal Aviation Administration approved restricted military airspace (Areas 2303A and 2303B) which covers portions of the Conservation Area. Designation of the Conservation Area shall not impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the military require additional or modified airspace in the future, the Congress does not intend for the designation of the Conservation Area to impede the military from petitioning the Federal Aviation Administration to change or expand existing restricted military airspace. (f) Access to State and Private Lands.--Nothing in this Act shall affect valid existing rights-of-way within the Conservation Area. The Secretary shall provide reasonable access to nonfederally owned lands or interest in lands within the boundaries of the Conservation Area. (g) Hunting.--Hunting shall be allowed within the Conservation Area in accordance with applicable laws and regulations of the United States and the State of Arizona, except that the Secretary, after consultation with the Arizona State wildlife management agency, may issue regulations designating zones where and establishing periods when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. (h) Preventative Measures.--Nothing in this Act shall preclude such measures as the Secretary determines necessary to prevent devastating fire or infestation of insects or disease within the Conservation Area. (i) No Buffer Zones.--The establishment of the Conservation Area shall not lead to the creation of protective perimeters or buffer zones around the Conservation Area. The fact that there may be activities or uses on lands outside the Conservation Area that would not be permitted in the Conservation Area shall not preclude such activities or uses on such lands up to the boundary of the Conservation Area consistent with other applicable laws. (j) Withdrawals.--Subject to valid existing rights all Federal lands within the Conservation Area and all lands and interest therein which are hereafter acquired by the United States are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws, and from operation of the mineral leasing and geothermal leasing laws and all amendments thereto. SEC. 6. MANAGEMENT PLAN. (a) Plan Required.--Not later than 2 years after the date of the enactment of this Act, the Secretary, through the Bureau of Land Management, shall develop and begin to implement a comprehensive management plan for the long-term management of the public lands within the Conservation Area in order to fulfill the purposes for which it is established, as set forth in section 4(a). Consistent with the provisions of this Act, the management plan shall be developed-- (1) in consultation with appropriate departments of the State of Arizona, including wildlife and land management agencies, with full public participation; (2) from the draft Empire-Cienega Ecosystem Management Plan/ EIS, dated October 2000, as it applies to Federal lands or lands with conservation easements; and (3) in accordance with the resource goals and objectives developed through the Sonoita Valley Planning Partnership process as incorporated in the draft Empire-Cienega Ecosystem Management Plan/EIS, dated October 2000, giving full consideration to the management alternative preferred by the Sonoita Valley Planning Partnership, as it applies to Federal lands or lands with conservation easements. (b) Contents.--The management plan shall include-- (1) provisions designed to ensure the protection of the resources and values described in section 4(a); (2) an implementation plan for a continuing program of interpretation and public education about the resources and values of the Conservation Area; (3) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resource objectives for the Conservation Area and with the other proposed management activities to accommodate visitors to the Conservation Area; (4) cultural resources management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona, with emphasis on the preservation of the resources of the Conservation Area and the interpretive, educational, and long-term scientific uses of these resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Conservation Area; (5) wildlife management strategies for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona and using previous studies of the Conservation Area; (6) production livestock grazing management strategies, prepared in consultation with appropriate departments of the State of Arizona; (7) provisions designed to ensure the protection of environmentally sustainable livestock use on appropriate lands within the Conservation Area; (8) recreation management strategies, including motorized and nonmotorized dispersed recreation opportunities for the Conservation Area, prepared in consultation with appropriate departments of the State of Arizona; (9) cave resources management strategies prepared in compliance with the goals and objectives of the Federal Cave Resources Protection Act of 1988 (16 U.S.C. 4301 et seq.); and (10) provisions designed to ensure that if a road or trail located on public lands within the Conservation Area, or any portion of such a road or trail, is removed, consideration shall be given to providing similar alternative access to the portion of the Conservation Area serviced by such removed road or trail. (c) Cooperative Agreements.--In order to better implement the management plan, the Secretary may enter into cooperative agreements with appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)). (d) Research Activities.--In order to assist in the development and implementation of the management plan, the Secretary may authorize appropriate research, including research concerning the environmental, biological, hydrological, cultural, agricultural, recreational, and other characteristics, resources, and values of the Conservation Area, pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)). SEC. 7. LAND ACQUISITION. (a) In General.-- (1) Priority to conservation easements.--In acquiring lands or interest in lands under this section, the Secretary shall give priority to such acquisitions in the form of conservation easements. (2) Private lands.--The Secretary is authorized to acquire privately held lands or interest in lands within the boundaries of the Acquisition Planning District only from a willing seller through donation, exchange, or purchase. (3) County lands.--The Secretary is authorized to acquire county lands or interest in lands within the boundaries of the Acquisition Planning District only with the consent of the county through donation, exchange, or purchase. (4) State lands.-- (A) In general.--The Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona located within the boundaries of the Acquisition Planning District only with the consent of the State and in accordance with State law, by donation, exchange, or purchase. (B) Consideration.--As consideration for the acquisitions by the United States of lands or interest in lands under this paragraph, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona all or some interest in Federal lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset of equal value within the State of Arizona. (C) Transfer of jurisdiction.--All Federal agencies are authorized to transfer jurisdiction of Federal lands or interest in lands (including buildings and other improvements on such lands or other Federal property other than real property) or any other asset within the State of Arizona to the Bureau of Land Management for the purpose of acquiring lands or interest in lands as provided for in this paragraph. (b) Management of Acquired Lands.--Lands acquired under this section shall, upon acquisition, become part of the Conservation Area and shall be administered as part of the Conservation Area. These lands shall be managed in accordance with this Act, other applicable laws, and the management plan. SEC. 8. REPORTS TO CONGRESS. (a) Protection of Certain Lands.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the most effective measures to protect the lands north of the Acquisition Planning District within the Rincon Valley, Colossal Cave area, and Agua Verde Creek corridor north of Interstate 10 to provide an ecological link to Saguaro National Park and the Rincon Mountains and contribute to local government conservation priorities. (b) Implementation of This Act.--Not later than 5 years after the date of the enactment of this Act, and at least at the end of every 10- year period thereafter, the Secretary shall submit to Congress a report describing the implementation of this Act, the condition of the resources and values of the Conservation Area, and the progress of the Secretary in achieving the purposes for which the Conservation Area is established as set forth in section 4(a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Directs the Secretary to develop and begin to implement a comprehensive management plan for the long-term management of the Area. Authorizes the Secretary to acquire for the Area surrounding lands within the District owned by private individuals, local counties, or the State of Arizona. Requires the Secretary to report to Congress: (1) describing the most effective measures for the protection of certain lands north of the District; and (2) five years after the enactment of this Act, and at least every ten years thereafter, on the implementation of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``State Fiscal Relief Act of 2004''. SEC. 2. EXTENSION OF TEMPORARY STATE FISCAL RELIEF. (a) Extension of Temporary Freeze of Medicaid FMAP for Certain States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended-- (1) in the subsection heading, by striking ``$10,000,000,000 for a''; (2) in paragraph (2)-- (A) in the paragraph heading, by striking ``first 3 quarters of''; and (B) by striking ``the first, second, and third calendar quarters'' and inserting ``each calendar quarter''; (3) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (4) by inserting after paragraph (2), the following: ``(3) Permitting maintenance of fiscal year 2004 fmap for fiscal year 2005.--Subject to paragraph (6), if the FMAP determined without regard to this subsection for a State for fiscal year 2005 is less than the FMAP as so determined for fiscal year 2004, the FMAP for the State for fiscal year 2004 shall be substituted for the State's FMAP for each calendar quarter of fiscal year 2005, before the application of this subsection.''. (b) Temporary Increase in Medicaid FMAP for All States.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsection (a), is amended by striking paragraphs (4) and (5) (as redesignated by subsection (a)(3)) and inserting the following: ``(4) Temporary increase in medicaid fmap.-- ``(A) General 2.95 percentage points increase for last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.--Subject to paragraphs (6), (7), and (8), for each State for the third and fourth calendar quarters of fiscal year 2003 and for the first, second, and third calendar quarters of fiscal year 2004, the FMAP (taking into account the application of paragraphs (1), (2), and (3)) shall be increased by 2.95 percentage points. ``(B) General 1.26 percentage points increase for last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (6), (7), and (8), for each State for the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the FMAP (taking into account the application of paragraphs (1), (2), and (3) but without regard to the application of subparagraph (A)) shall be increased by 1.26 percentage points. ``(5) Increase in cap on medicaid payments to territories.-- ``(A) Last 2 calendar quarters of fiscal year 2003 and first 3 calendar quarters of fiscal year 2004.-- Subject to paragraphs (7) and (8), with respect to the third and fourth calendar quarters of fiscal year 2003 and the first, second, and third calendar quarters of fiscal year 2004, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. ``(B) Last calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005.--Subject to paragraphs (7) and (8), with respect to the fourth calendar quarter of fiscal year 2004 and each calendar quarter of fiscal year 2005, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 2.52 percent of such amounts.''. (c) Conforming Amendments.--Section 401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as amended by subsections (a) and (b), is amended-- (1) in paragraph (1), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (2) in paragraph (2), by striking ``paragraph (5)'' and inserting ``paragraph (6)''; (3) in paragraph (7) (as redesignated by subsection (a)(3))-- (A) by striking ``paragraph (4)'' each place it appears and inserting ``paragraph (5)''; and (B) by striking ``paragraph (3)'' each place it appears and inserting ``paragraph (4)''; (4) in paragraph (8) (as so redesignated), by striking ``the first, second and third calendar quarters of fiscal year 2004'' and inserting ``each calendar quarter of fiscal year 2004 and fiscal year 2005''; and (5) in paragraph (10) (as so redesignated), by striking ``October 1, 2004'' and inserting ``January 1, 2005''. SEC. 3. TRANSITIONAL FUND TO IMPLEMENT THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h)) is amended-- (1) in paragraph (1)-- (A) by striking ``described in paragraph (2)'' and inserting ``described in-- ``(A) paragraph (2)(A)''; (B) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(B) paragraph (2)(B) the per centum specified in section 1903(a)(7) shall be increased to such percentage as the Secretary specifies, except that the percentage shall not be less than the percentage applied by the Secretary to the payments made for administrative expenditures described in subparagraph (A) before the date of enactment of this subparagraph.''; (2) in paragraph (2), by striking ``that (but for the enactment of this section) would not be incurred.'' and inserting ``that-- ``(A) but for the enactment of this section would not be incurred; or ``(B) but for the enactment of the Medicare, Prescription Drug, Improvement, and Modernization Act of 2003 and the amendments made by that Act would not be incurred.''; and (3) by striking paragraph (3) and inserting the following: ``(3) Limitations.-- ``(A) Welfare reform attributable expenditures.-- The total amount of additional Federal funds that are expended as a result of the application of this subsection with respect to administrative expenditures described in paragraph (2)(A) for the period beginning with fiscal year 1997 shall not exceed $500,000,000. In applying this subparagraph, the Secretary shall ensure the equitable distribution of additional funds among the States. ``(B) MMA attributable expenditures.--The total amount of additional Federal funds that are expended as a result of the application of this subsection with respect to administrative expenditures described in paragraph (2)(B) for the period beginning on October 1, 2004, and ending on the later of April 1, 2006, or the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under part D of title XVIII (other than under the program under subpart 4 of part D of title XVIII), shall not exceed $1,200,000,000. In applying this subparagraph, the Secretary shall ensure the equitable distribution of additional funds among the States, taking into account the following: ``(i) The percentage of individuals who reside in a State who are eligible for medicare cost-sharing under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(ii) The number of full-benefit dual eligible individuals (as defined in section 1935(c)(6)) who reside in a State.''.

Summary: State Fiscal Relief Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States (continuing the FY 2003 FMAP through each calendar quarter of FY 2004, and the FY 2004 FMAP for each calendar quarter of FY 2005 if the FY 2005 FMAP would otherwise be less than the FY 2004 FMAP). Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004; and (2) by 1.26 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Amends SSA title XIX, with respect to the transitional increased Federal matching rate for increased administrative costs, to require a specified minimum increase for administrative expenditures that would not be incurred but for enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Sets $1.2 billion as the cap on the total amount of additional Federal funds expended as a result of this Act with respect to such administrative expenditures between October 1, 2004, and the later of either: (1) April 1, 2006; or (2) the end of the first fiscal year quarter that begins on or after the date on which benefits are first provided under the voluntary prescription drug benefit program under SSA title XVIII (Medicare) part D.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Accountability Act of 2009''. SEC. 2. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES. (a) Reviews.--Section 714 of title 31, United States Code, is amended by adding at the end the following: ``(f) Reviews of Credit Facilities of the Federal Reserve System.-- ``(1) Definition.--In this subsection, the term `credit facilities' means-- ``(A) the Money Market Investor Funding Facility; ``(B) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility; ``(C) the Term Asset-Backed Securities Loan Facility; ``(D) the Primary Dealer Credit Facility; ``(E) the Commercial Paper Funding Facility; ``(F) any other credit facility approved by the Board under the 3rd undesignated paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 343), other than a credit facility that is subject to the requirements of subsection (e); and ``(G) any special purpose vehicle through which any activity described in subparagraphs (A) through (F) is conducted. ``(2) In general.--Subject to paragraph (3), and notwithstanding any limitation in subsection (b) on the auditing and oversight of certain functions of the Board or any Federal Reserve bank, the Comptroller General may conduct reviews, including onsite examinations, if the Comptroller General determines that such examinations are appropriate, of the accounting, financial reporting, and internal controls of credit facilities established by the Board or any Federal Reserve bank, including when such activities are carried out by or on behalf of the Board or any official of a Federal Reserve bank. ``(3) Reports and delayed disclosure.-- ``(A) Reports required.--A report on each review conducted under paragraph (2) shall be submitted by the Comptroller General to the Congress before the end of the 90-day period beginning on the date on which such review is completed. ``(B) Contents.--The report under subparagraph (A) shall include a detailed description of the findings and conclusions of the Comptroller General with respect to the review that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate. ``(C) Delayed release of certain information.-- ``(i) In general.--The Comptroller General shall not disclose to any person or entity, including to the Congress, the names or identifying details of specific participants in any of the audited facilities or identifying details regarding assets or collateral held by, under, or in connection with any of the audited facilities, and any report provided under subparagraph (A) shall be redacted to ensure that such details are not disclosed. ``(ii) Delayed release.--The nondisclosure obligation under clause (i) shall expire, and the Comptroller General shall release a nonredacted version of any reports on specific credit facilities, 1 year after the termination of the relevant credit facility.''. (b) Access to Records.--Section 714(d) of title 31, United States Code (as amended by section 801 of Public Law 111-22), is amended-- (1) in paragraph (2), by inserting ``or any single and specific partnership or corporation (as specified in subsection (e)) or any facility established by an agency (as specified in subsection (f))'' after ``used by an agency''; (2) in paragraph (3), by inserting ``or (f)'' after ``subsection (e)'' each place that term appears; and (3) in paragraph (3)(B), by adding at the end the following: ``The Comptroller General may make and retain copies of books, accounts, and other records provided under subparagraph (A) as the Comptroller General deems appropriate. The Comptroller General shall have access to the officers, employees, contractors, and other agents and representatives of any single and specific partnership or corporation (as specified in subsection (e)) or any credit facility established by an agency (as specified in subsection (f)) at any reasonable time, as the Comptroller General may request. The Comptroller General shall provide to any such partnership, corporation, or credit facility a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out a review or examination under this subsection.''. SEC. 3. PUBLIC ACCESS TO INFORMATION. (a) In General.--The Board shall place on its home Internet website a link entitled ``Audit'', which shall link to a webpage that shall serve as a repository of information made available to the public for a reasonable period of time, not less than 6 months following the date of release of the relevant information, including-- (1) the reports prepared by the Comptroller General under section 714 of title 31, United States Code; (2) the annual financial statements prepared by an independent auditor for the Board of Governors of the Federal Reserve System (in this section referred to as the ``Board'') in accordance with section 11B of the Federal Reserve Act (12 U.S.C. 248b); and (3) such other information as the Board reasonably believes is necessary or helpful to the public in understanding the accounting, financial reporting, and internal controls of the Board and the Federal Reserve banks.

Summary: Federal Reserve Accountability Act of 2009 - Authorizes the Comptroller General to conduct reviews of (including onsite examinations), and report to Congress on, the accounting, financial reporting, and internal controls of credit facilities established by the Board of Governors of the Federal Reserve System, or any Federal Reserve bank, including when such activities are implemented by or on behalf of the Board or any official of a Federal Reserve bank. Defines "credit facilities" as: (1) the Money Market Investor Funding Facility; (2) the Asset-Backed Commercial Paper Money Market Mutual Fund Liquidity Facility; (3) the Term Asset-Backed Securities Loan Facility; (4) the Primary Dealer Credit Facility; (5) the Commercial Paper Funding Facility; and (6) certain other credit facilities approved by the Board, as well as any special purpose vehicle through which any activity of such facilities is conducted. Requires the Board to place on its home Internet website a link entitled "Audit" to a webpage that serves as a repository of public information for not less than six months following the release of the relevant information, including: (1) the reports prepared pursuant to this Act; (2) the annual financial statements prepared by an independent auditor for the Board; and (3) any other information the Board believes is necessary or helpful to the public in understanding its accounting, financial reporting, and internal controls as well as those of the Federal Reserve banks.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Capitol Fire Protection Act of 2000''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) although progress has been made in recent years, the Capitol, House and Senate Office Buildings, and Library of Congress still do not provide staff and visitors with the fire safety and protection they deserve; (2) the Architect of the Capitol must place great emphasis on the need to ensure that these and other properties administered by the Architect, and individuals who visit or work in these properties, enjoy the maximum protection that modern technology and human diligence can provide against fire and related threats to life and property; and (3) properties and structures of the United States Capitol Complex are of historical and architectural significance and are an essential public and national resource, and it is essential that they be preserved and rehabilitated in such a manner as to retain their historical and architectural significance. (b) Purpose.--It is the purpose of this Act to establish the position of the Director of Fire Safety and Protection to assist the Architect of the Capitol in meeting the Architect's responsibilities for fire safety and protection so that the properties of the United States Capitol Complex will be protected from fire and serve as a safe environment for those who work or visit there. SEC. 3. ESTABLISHMENT OF POSITION OF DIRECTOR OF FIRE SAFETY AND PROTECTION. (a) Establishment.--There is hereby established in the Office of the Architect of the Capitol the position of Director of Fire Safety and Protection. (b) Appointment; Compensation.-- (1) Appointment.--The Director of Fire Safety and Protection shall be appointed by the Architect of the Capitol from among individuals with the knowledge, skills, and abilities necessary to carry out the duties described in this Act. (2) Compensation.--The Architect of the Capitol shall fix the rate of basic pay and benefits for the Director of Fire Safety and Protection at such rate as the Architect considers appropriate, except that such rate may not be less than the rate of pay and benefits for the Director of Engineering under the Architect of the Capitol. (c) Duties.-- (1) In general.--Working under the direction and control of the Architect of the Capitol and reporting directly to the Architect, the Director of Fire Safety and Protection shall-- (A) be responsible for all fire safety and protection activities of the Architect of the Capitol; (B) ensure that Architect properties meet the applicable codes and standards established by the National Fire Protection Association, except that the Architect may modify the application of such codes to the properties to take into account the historic and architecturally significant features of such properties so long as a reasonable degree of safety and protection is maintained; and (C) carry out the duties specified in paragraph (2). (2) Duties specified.--The duties specified in this paragraph are as follows: (A) The routine periodic testing and maintenance of all fire alarm, fire suppression, and fire protection systems in all Architect properties. (B) The conduct of comprehensive inspections and risk assessments on a regular basis (but not less frequently than once each year) of all Architect properties to identify conditions which constitute fire hazards and to develop plans for the prompt abatement of such conditions, in accordance with the requirements specified in paragraph (1)(B). (C) The development and implementation of programs to train employees of the Architect of the Capitol and others in the proper use and maintenance of fire alarm, fire suppression, and fire protection systems and in the proper use and storage of hazardous chemicals and materials. (D) The identification of structural changes and repairs which may be necessary to assure maximum fire protection and safety in Architect properties, and the development of comprehensive plans to carry out such changes. (E) The preparation of semi-annual reports on the efforts made by the Director to carry out the duties required under this subsection. (F) Consultation with experts in fire safety and protection regarding the modification of codes and standards carried out pursuant to paragraph (1)(B) and such other matters relating to the Director's duties as the Director considers appropriate. (G) Such other steps as may be reasonably necessary to protect Architect properties from fire and provide a safe environment for employees and visitors. SEC. 4. RESPONSIBILITIES OF ARCHITECT. (a) In General.--The Architect of the Capitol shall provide the Director of Fire Safety and Protection with such staff and other resources as the Director may reasonably require to carry out duties under this Act, except that the Architect of the Capitol shall assign not fewer than 12 full-time-equivalent employees to the Director for carrying out such duties. (b) Budget Request.--Beginning with fiscal year 2002, the Architect of the Capitol shall include in the budget request for the Architect for a fiscal year a separate statement of the total amount to be used to carry out the duties of the Director of Fire Safety and Protection in the fiscal year. (c) Submission of Reports.--The Architect shall submit to the Committees on Appropriations of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate the semi-annual reports prepared by the Director of Fire Safety and Protection under section 3(c)(2)(E). SEC. 5. ARCHITECT PROPERTIES DEFINED. In this Act, the term ``Architect properties'' means any properties under the jurisdiction of the Architect of the Capitol, including the Capitol, House and Senate Office Buildings, the Library of Congress, the United States Botanic Garden, and the Capitol Power Plant.

Summary: Directs the Architect of the Capitol to assign at least 12 full-time employees to the Director.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mutual Fund Transparency Act of 2005''. SEC. 2. DISCLOSURE OF FINANCIAL RELATIONSHIPS BETWEEN BROKERS AND MUTUAL FUND COMPANIES. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)) is amended by adding at the end the following: ``(13) Confirmation of transactions for mutual funds.-- ``(A) In general.--Each broker shall disclose in writing to customers that purchase the shares of an open-end company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the amount of any compensation received or to be received by the broker in connection with such transaction from any sources; and ``(ii) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of an open-end company. ``(C) Timing of disclosure.--The disclosure required under subparagraph (A) shall be made to a customer not later than as of the date of the completion of the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of an open-end company; or ``(ii) any other filing of an open-end company with the Commission. ``(E) Commission authority.-- ``(i) In general.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005. ``(ii) Form of disclosure.--Disclosures under this paragraph shall be in such form as the Commission, by rule, shall require. ``(F) Definition.--In this paragraph, the term `open-end company' has the same meaning as in section 5 of the Investment Company Act of 1940 (15 U.S.C. 80a- 5).''. (b) Disclosure of Brokerage Commissions.--Section 30 of the Investment Company Act of 1940 (15 U.S.C. 80a-29) is amended by adding at the end the following: ``(k) Disclosure of Brokerage Commissions.--The Commission, by rule, shall require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by an open-end company be included in any disclosure of the amount of fees and expenses that may be payable by the holder of the securities of such company for purposes of-- ``(1) the registration statement of that open-end company; and ``(2) any other filing of that open-end company with the Commission, including the calculation of expense ratios.''. SEC. 3. MUTUAL FUND GOVERNANCE. (a) Independent Fund Boards.--Section 10(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-10(a)) is amended-- (1) by striking ``shall have'' and inserting the following: ``shall-- ``(1) have''; (2) by striking ``60 per centum'' and inserting ``25 percent''; (3) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(2) have as chairman of its board of directors an interested person of such registered company; or ``(3) have as a member of its board of directors any person that is an interested person of such registered investment company-- ``(A) who has served without being approved or elected by the shareholders of such registered investment company at least once every 5 years; and ``(B) unless such director has been found, on an annual basis, by a majority of the directors who are not interested persons, after reasonable inquiry by such directors, not to have any material business or familial relationship with the registered investment company, a significant service provider to the company, or any entity controlling, controlled by, or under common control with such service provider, that is likely to impair the independence of the director.''. (b) Action by Independent Directors.--Section 10 of the Investment Company Act of 1940 (15 U.S.C. 80a-10) is amended by adding at the end the following: ``(i) Action by Board of Directors.--No action taken by the board of directors of a registered investment company may require the vote of a director who is an interested person of such registered investment company. ``(j) Independent Committee.-- ``(1) In general.--The members of the board of directors of a registered investment company who are not interested persons of such registered investment company shall establish a committee comprised solely of such members, which committee shall be responsible for-- ``(A) selecting persons to be nominated for election to the board of directors; and ``(B) adopting qualification standards for the nomination of directors. ``(2) Disclosure.--The standards developed under paragraph (1)(B) shall be disclosed in the registration statement of the registered investment company.''. (c) Definition of Interested Person.--Section 2(a)(19) of the Investment Company Act of 1940 (15 U.S.C. 80a-2) is amended-- (1) in subparagraph (A)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of an investment adviser or principal underwriter to such registered investment company, or of any entity controlling, controlled by, or under common control with such investment adviser or principal underwriter; ``(viii) any natural person who has served as an officer or director, or as an employee within the preceding 10 fiscal years, of any entity that has within the preceding 5 fiscal years acted as a significant service provider to such registered investment company, or of any entity controlling, controlled by, or under the common control with such service provider; ``(ix) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with the investment company or an affiliated person of such investment company; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment company; or ``(III) any other reason determined by the Commission.''; (2) in subparagraph (B)-- (A) in clause (iv), by striking ``two'' and inserting ``5''; and (B) by striking clause (vii) and inserting the following: ``(vii) any natural person who is a member of a class of persons that the Commission, by rule or regulation, determines is unlikely to exercise an appropriate degree of independence as a result of-- ``(I) a material business relationship with such investment adviser or principal underwriter or affiliated person of such investment adviser or principal underwriter; ``(II) a close familial relationship with any natural person who is an affiliated person of such investment adviser or principal underwriter; or ``(III) any other reason as determined by the Commission:''. (d) Definition of Significant Service Provider.--Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended by adding at the end the following: ``(53) Significant service provider.-- ``(A) In general.--Not later than 270 days after the date of enactment of the Mutual Fund Transparency Act of 2005, the Securities and Exchange Commission shall issue final rules defining the term `significant service provider'. ``(B) Requirements.--The definition developed under paragraph (1) shall include, at a minimum, the investment adviser and principal underwriter of a registered investment company for purposes of paragraph (19).''. SEC. 4. FINANCIAL LITERACY AMONG MUTUAL FUND INVESTORS STUDY. (a) In General.--The Securities and Exchange Commission shall conduct a study to identify-- (1) the existing level of financial literacy among investors that purchase shares of open-end companies, as that term is defined under section 5 of the Investment Company Act of 1940, that are registered under section 8 of that Act; (2) the most useful and understandable relevant information that investors need to make sound financial decisions prior to purchasing such shares; (3) methods to increase the transparency of expenses and potential conflicts of interest in transactions involving the shares of open-end companies; (4) the existing private and public efforts to educate investors; and (5) a strategy to increase the financial literacy of investors that results in a positive change in investor behavior. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall submit a report on the study required under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 5. STUDY REGARDING MUTUAL FUND ADVERTISING. (a) In General.--The Comptroller General of the United States shall conduct a study on mutual fund advertising to identify-- (1) existing and proposed regulatory requirements for open- end investment company advertisements; (2) current marketing practices for the sale of open-end investment company shares, including the use of unsustainable past performance data, funds that have merged, and incubator funds; (3) the impact of such advertising on consumers; and (4) recommendations to improve investor protections in mutual fund advertising and additional information necessary to ensure that investors can make informed financial decisions when purchasing shares. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the results of the study conducted under subsection (a) to-- (1) the Committee on Banking, Housing, and Urban Affairs of the United States Senate; and (2) the Committee on Financial Services of the House of Representatives. SEC. 6. POINT-OF-SALE DISCLOSURE. (a) In General.--Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(b)), as amended by section 2, is amended by adding at the end the following: ``(14) Broker disclosures in mutual fund transactions.-- ``(A) In general.--Each broker shall disclose in writing to each person that purchases the shares of an investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8)-- ``(i) the source and amount, in dollars and as a percentage of assets, of any compensation received or to be received by the broker in connection with such transaction from any sources; ``(ii) the amount, in dollars and as a percentage of assets, of compensation received in connection with transactions in shares of other investment company shares offered by the broker, if materially different from the amount under (i); ``(iii) comparative information that shows the average amount received by brokers in connection with comparable transactions, as determined by the Commission; and ``(iv) such other information as the Commission determines appropriate. ``(B) Revenue sharing.--The term `compensation' under subparagraph (A) shall include any direct or indirect payment made by an investment adviser (or any affiliate of an investment adviser) to a broker or dealer for the purpose of promoting the sales of securities of a registered investment company. ``(C) Timing of disclosure.--The disclosures required under subparagraph (A) shall be made to permit the person purchasing the shares to evaluate such disclosures before deciding to engage in the transaction. ``(D) Limitation.--The disclosures required under subparagraph (A) may not be made exclusively in-- ``(i) a registration statement or prospectus of a registered investment company; or ``(ii) any other filing of a registered investment company with the Commission. ``(E) Commission authority.--The Commission shall promulgate such final rules as are necessary to carry out this paragraph not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005.''. (b) National Securities Association Requirements.--Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by adding at the end the following: ``(n) National Securities Association Requirements.--Each national securities association registered pursuant to this section shall issue such rules as necessary not later than 1 year after the date of enactment of the Mutual Fund Transparency Act of 2005 to require that a broker that provides individualized investment advice to a person shall-- ``(1) have a fiduciary duty to that person; ``(2) act solely in the best interests of that person; and ``(3) fully disclose all potential conflicts of interest and other information that is material to the relationship to that person prior to the time that the investment advice is first provided to the person and at least annually thereafter.''.

Summary: Mutual Fund Transparency Act of 2005 - Amends the Securities Exchange Act of 1934 to require broker disclosure in writing to open-end company (mutual fund) purchasers of the amount of any compensation due the broker in connection with the purchase transaction from any sources. Amends the Investment Company Act of 1940 to direct the Securities and Exchange Commission (SEC) to require that brokerage commissions as an aggregate dollar amount and percentage of assets paid by a mutual fund company be included in any disclosure of the fees and expenses that may be payable by the holder of the securities of such company. Revamps independent mutual fund board of directors membership to reduce from 60 percent to 25 percent the permissible number of interested persons serving on the board. Prohibits an interested person from being board chairman. Specifies conditions an interested person must meet to service as a board member. Directs the SEC to issue final rules defining an interested person who is a "significant service provider," including the investment adviser and principal underwriter of a registered investment company. Requires the SEC to study and report to Congress on: (1) financial literacy among mutual fund investors; and (2) mutual fund advertising. Amends the Securities Exchange Act of 1934 to require broker disclosure to each purchaser of investment company shares in a mutual fund transaction of the compensation the broker receives, in dollars and as as a percentage of assets. Requires each national securities association to issue rules requiring a broker that provides individualized investment advice to a person to: (1) have a fiduciary duty to that person; (2) act solely in the best interests of that person; and (3) fully disclose all potential conflicts of interest and other material information before the investment advice is first provided, and at least annually thereafter.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Spread Pricing Liquidity Act of 2013''. SEC. 2. TICK SIZE FOR CERTAIN ISSUERS. (a) In General.--Section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows: ``(6) Tick size for certain issuers.-- ``(A) Selection.-- ``(i) In general.--The board of directors of an issuer with a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3- month period) and an average daily trading volume of less than 500,000 shares may select to have the securities of the issuer quoted and traded using an increment of either $0.05 or $0.10. ``(ii) Manner of selection.--A selection under this subparagraph shall be made by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. ``(iii) Limitation on certain issuers.-- With respect to the average trading price in the most recent 1-month period for the securities of an issuer-- ``(I) if such average price is less than $1, the issuer may not make the selection under this subparagraph; and ``(II) if such average price is $1 or more, but less than $2, the issuer may only select to have the securities of the issuer quoted and traded using an increment of $0.05. ``(iv) Consultation.--In making a selection under this subparagraph, the board of directors shall first consult with the issuer's primary listing market. ``(B) Trading requirements.--If an issuer has made the selection under subparagraph (A)-- ``(i) all quotes of the securities of such issuer shall be done using only the increment selected; ``(ii) an exchange on which the securities of such issuer are traded may not charge a fee for a person engaging in such a trade, unless such fee is uniform for all trades and based solely on the number of shares traded; and ``(iii) such selection shall not prevent the securities of the issuer being traded at increments other than the increment selected. ``(C) Right to opt out of selection.-- ``(i) In general.--An issuer that has made the selection under subparagraph (A) may choose to opt out of such selection at any time after the 6-month period beginning on the date such selection was made. ``(ii) Manner of opt out.--An issuer that chooses to opt out of the selection under subparagraph (A) shall do so by informing the Commission and each exchange on which the securities of the issuer are quoted or traded. ``(iii) Future selection.--Subject to subparagraph (D), an issuer that opts out of the selection under subparagraph (A) may make the selection under subparagraph (A) again at any time after the 1-year period beginning on the date of the opt out. ``(D) Treatment of issuers surpassing cap.--If the public float of an issuer that has made the selection under subparagraph (A) rises above $500,000,000 (based on a rolling average over the course of a 3-month period) or the average daily trading volume of the issuer raises above 500,000 then, after the end of the 3-month period beginning on the date of such occurrence-- ``(i) the issuer shall no longer be considered to have made the selection under subparagraph (A); and ``(ii) the issuer shall be ineligible to make a selection under subparagraph (A) during the 2-year period beginning after the end of such 3-month period, regardless of the issuer's public float or average daily trading volume. ``(E) Study and report.-- ``(i) In general.--Not later than the end of the 9-month period beginning on the date of the enactment of this paragraph, and annually thereafter, the Commission shall carry out a study of the quoting and trading of securities in increments of $0.05 and $0.10 permitted by this paragraph, and the extent to which such a system is increasing liquidity by incentivizing capital commitment, research coverage, and brokerage support. ``(ii) Report to congress.--Upon the completion of each study described under clause (i), the Commission shall issue a report to the Congress containing all of the findings and determinations made in carrying out such study, along with any legislative recommendations the Commission may have. ``(F) Definitions.--For purposes of this paragraph: ``(i) Average daily trading volume.--With respect to a security, the term `average daily trading volume' means the average, over the previous 3-month period, of-- ``(I) the aggregate daily volume for bids made on the security within the price band; and ``(II) the aggregate daily volume for offers made on the security within the price band. ``(ii) Price band.--With respect to a security, the term `price band' means the range between the price that is 25 cents below the trading price of the security and the price that is 25 cents above the trading price of the security. ``(iii) Public float.--The term `public float' means the amount of equity of an issuer that is held by persons who are not affiliated with the issuer, determined by multiplying the number of shares of such stock by the price of one of such shares.''. (b) Effective Date.-- (1) In general.--Section 11A(c)(6) of the Securities Exchange Act of 1934, as amended by subsection (a), shall take effect-- (A) with respect to an issuer with a public float of $100,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 100,000, on the date of the enactment of this Act; (B) with respect to an issuer that is not described under subparagraph (A) and that has a public float of $250,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 250,000, after the end of the 3-month period beginning on the date of the enactment of this Act; and (C) with respect to an issuer that is not described under subparagraph (A) or (B) and that has a public float of $500,000,000 or less (based on a rolling average over the course of the preceding 3-month period) and an average daily trading volume of less than 500,000, after the end of the 6-month period beginning on the date of the enactment of this Act. (2) Definitions.--For purposes of this subsection, the terms ``average daily trading volume'' and ``public float'' have the meaning given those terms, respectively, under section 11A(c)(6)(F) of the Securities Exchange Act of 1934.

Summary: Spread Pricing Liquidity Act of 2013 - Amends the Securities Exchange Act of 1934 concerning the national market system for securities to authorize the board of directors of an issuer with a public float of $500 million or less to select to have the issuer's securities quoted and traded using an increment (tick) of either $0.05 or $0.10. Prohibits selection of the $0.05 tick unless the average trading price in the most recent 1-month period for the securities of an issuer is between $1 and $2. Limits the tick selection to $0.05 for the issuer of any such security. Prescribes trading requirements. Permits a issuer that has made the selection under this Act to choose to opt out at any time after the six-month period beginning on the date the selection was made. States that, if the public float of an issuer that has made such a tick selection rises above $500 million (based on a rolling average over the course of a 3-month period), or its average daily trading volume rises above $500 million, then after the end of the 3-month period beginning on the date of such occurrence the issuer: (1) shall no longer be considered to have made the tick selection; and (2) shall be ineligible to make such a tick selection for 2 years after such 3-month period. Directs the Securities and Exchange Commission (SEC) to study the quoting and trading of securities in increments of $0.05 and $0.10, and the extent to which such system increases liquidity by incentivizing capital commitment, research coverage, and brokerage support.