SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Construction Consensus Procurement Improvement Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. Sec. 3. Design-build construction process improvement. Sec. 4. Prohibition on the use of a reverse auction for the award of a contract for design and construction services. SEC. 2. CONGRESSIONAL FINDINGS. Congress makes the following findings: (1) The acquisition procedures that are often used effectively to procure products and other forms of services are not always appropriate for procurement of design and construction services. (2) Federal procurement officials often adopt contracting techniques from the private sector and have used those techniques effectively to procure products and services. (3) Design-build is a procurement technique Federal officials have adopted from the private sector that has worked well for procurement of design and construction services. (4) The current statutory framework for design-build could benefit from legislative refinement. (5) Reverse auctions are another procurement technique Federal officials have adopted from the private sector and used successfully to award contracts for the purchase of products that are commercially equivalent to commodities. (6) Despite their success in other contexts, reverse auctions are generally inappropriate for procurement of design and construction services, given the unique nature of each such project. SEC. 3. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT. (a) Civilian Contracts.-- (1) In general.--Section 3309(b) of title 41, United States Code, is amended to read as follows: ``(b) Criteria for Use.-- ``(1) Contracts with a value of at least $750,000 $3,000,000.--Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the project has a value of $750,000 $3,000,000 or greater, as adjusted for inflation in accordance with section 1908 of this title. ``(2) Contracts with a value less than $750,000 $3,000,000.--For projects that a contracting officer determines have a value of less than $750,000 $3,000,000, the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building, facility, or work when-- ``(A) the contracting officer anticipates that 3 or more offers will be received for the contract; ``(B) design work must be performed before an offeror can develop a price or cost proposal for the contract; ``(C) the offeror will incur a substantial amount of expense in preparing the offer; and ``(D) the contracting officer has considered information such as-- ``(i) the extent to which the project requirements have been adequately defined; ``(ii) the time constraints for delivery of the project; ``(iii) the capability and experience of potential contractors; ``(iv) the suitability of the project for use of the two-phase selection procedures; ``(v) the capability of the agency to manage the two-phase selection process; and ``(vi) other criteria established by the agency.''. (2) Annual reports.-- (A) In general.--Not later than November 30 of 2017, 2018, 2019, 2020, and 2021, the head of each agency shall compile an annual report of each instance in which the agency awarded a design-build contract pursuant to section 3309 of title 41, United States Code, during the fiscal year ending in such calendar year, in which-- (i) more than 5 finalists were selected for phase-two requests for proposals; or (ii) the contract or order was awarded without using two-phase selection procedures. (B) Public availability.--The Director of the Office of Management and Budget shall facilitate public access to the reports, including by posting them on a publicly available Internet website. A notice of the availability of each report shall be published in the Federal Register. (b) GAO Reports.--Not later than 270 days after the deadline for the final reports required under subsection (f) of section 3309 of title 41, United States Code, as added by subsection (a)(1), the Comptroller General of the United States shall issue a report analyzing the compliance of the various Federal agencies with the requirements of such section. SEC. 4. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES. (a) Finding.--Congress finds that, in contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (b) Prohibition.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council, in consultation with the Administrator for Federal Procurement Policy, shall amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. (c) Definitions.--For purposes of this section-- (1) the term ``design and construction services'' means-- (A) site planning and landscape design; (B) architectural and engineering services (including surveying and mapping defined in section 1101 of title 40, United States Code); (C) interior design; (D) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; or (F) construction or substantial alteration of public buildings or public works; and (2) the term ``reverse auction'' means, with respect to procurement by an agency-- (A) a real-time auction conducted through an electronic medium among 2 or more offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids at any time before the closing of the auction; and (B) the award of the contract, delivery order, task order, or purchase order to the offeror, in whole or in part, based on the price obtained through the auction process.

Summary: Construction Consensus Procurement Improvement Act of 2016 (Sec. 3) This bill modifies the design-build selection procedures used by federal agencies soliciting offers to enter into civilian contracts for the design and construction of a public building, facility, or work. Two-phase selection procedures (i.e., submission of qualifications and then the submission of price and technical proposals in response to a request for proposal) must be used when a contracting officer determines that a project has a value of $3 million or greater. But for contracts valued at less than $3 million, the contracting officer makes the same determination under current law as to whether the use of two-phase selection procedures is appropriate when the officer anticipates at least three offers for the contract. Federal agencies must report, each year through FY2021, on each instance where the agency awarded a design-build contract in which: (1) more than five finalists were selected for phase-two requests for proposals, or (2) the contract or order was awarded without using two-phase selection procedures. The Government Accountability Office must report on agency compliance with design-build contract procedures. (Sec. 4) The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services. A "reverse auction," with respect to procurement by an agency, is: (1) a real-time auction conducted through an electronic medium among at least two offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids before the closing of the auction; and (2) the award of the contract, delivery order, task order, or purchase order to the offeror based on the price obtained through the auction process.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupational Safety and Health Amendments of 1995''. SEC. 2. EMPLOYEE PARTICIPATION. Section 4 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653) is amended by adding at the end the following new subsection: ``(c) In order to carry out the purpose of this Act to encourage employers and employees in their efforts to reduce the number of occupational safety and health hazards, an employee participation committee-- ``(1) in which employees participate; ``(2) which exists for the purpose, in whole or in part, of dealing with employees concerning-- ``(A) safe and healthful working conditions; or ``(B) any other related matters; and ``(3) which does not have, claim, or seek authority to negotiate or enter into collective bargaining agreements with the employer or to amend existing collective bargaining agreements between the employer and any labor organization, shall not constitute a `labor organization' for purposes of section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) or a representative for purposes of sections 1 and 2 of the Railway Labor Act (45 U.S.C. 151 and 151a).''. SEC. 3. RISK ASSESSMENT IN STANDARDS MAKING. (a) Priority for Establishing Standards.--Section 6(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(g)) is amended-- (1) by striking ``(g) In'' and inserting ``(g)(1) In''; and (2) by adding at the end the following new paragraph: ``(2) In determining the priority for establishing standards relating to toxic materials or harmful physical agents, the Secretary shall consider the number of workers exposed to such materials or agents, the nature and severity of potential impairment, and the likelihood of such impairment.''. (b) Risk Assessments for Final Standard.--Section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655) is amended by adding at the end the following new subsection: ``(h)(1) Notwithstanding any other provision of this Act, in promulgating any final occupational safety and health regulation or standard, the Secretary shall publish in the Federal Register-- ``(A) an estimate, calculated with as much specificity as practicable, of the risk to the health and safety of employees addressed by such regulation or standard, the affect of such regulation or standard on human health or the environment, and the costs associated with the implementation of, and compliance with, such regulation or standard; ``(B) a comparative analysis of the risk addressed by such regulation or standard relative to other risks to which employees are exposed; and ``(C) a certification that-- ``(i) the estimate under subparagraph (A) and the analysis under subparagraph (B) are-- ``(I) based upon a scientific evaluation of the risk to the health and safety of employees and to human health or the environment; and ``(II) supported by the best available scientific data; ``(ii) such regulation or standard will substantially advance the purpose of protecting employee health and safety or the environment against the specified identified risk; and ``(iii) such regulation or standard will produce benefits to employee health and safety or the environment that will justify the cost to the Federal Government and the public of the implementation of and compliance with such regulation or standard. ``(2) If the Secretary cannot make the certification required under paragraph (1)(C), the Secretary shall-- ``(A) notify the Congress concerning the reasons why such certification cannot be made; and ``(B) publish a statement of such reasons with the final regulation or standard. ``(3) Nothing in this subsection shall be construed to grant a cause of action to any person.''. SEC. 4. CONSULTATION SERVICES. Section 21(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 671(c)) is amended-- (1) by striking ``(c) The'' and inserting ``(c)(1) The''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall, through the authority granted under section 7(c) and paragraph (1), enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. A State that has a plan approved under section 18 shall be eligible to enter into a cooperative agreement under this paragraph only if such plan does not include provisions for federally funded consultation to employers. ``(B)(i) Except as provided in clause (ii), the Secretary shall reimburse a State that enters into a cooperative agreement under subparagraph (A) in an amount that equals 90 percent of the costs incurred by the State under such agreement. ``(ii) A State shall be fully reimbursed by the Secretary for-- ``(I) training approved by the Secretary for State staff operating under a cooperative agreement; and ``(II) specified out-of-State travel expenses incurred by such staff. ``(iii) A reimbursement paid to a State under this subparagraph shall be limited to costs incurred by such State for the provision of consultation services under this paragraph and the costs described in clause (ii).''. SEC. 5. REDUCED PENALTIES FOR NONSERIOUS VIOLATIONS. Section 17 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666) is amended-- (1) in subsection (c), by striking ``up to $7,000'' and inserting ``not more than $25''; (2) in subsection (i), to read as follows: ``(i) Any employer who violates any of the posting or recordkeeping requirements prescribed under this Act shall not be assessed a civil penalty for such violation unless it is determined that the employer has violated subsection (a) or (d) with respect to such posting or recordkeeping requirements.''; and (3) in subsection (h), to read as follows: ``(h) Notwithstanding any other provision of law, the Secretary shall not assess a civil penalty, which is authorized under this section, for more than one instance of a violation of any applicable regulation, rule, order, or regulation prescribed under the provisions of this Act.''. SEC. 6. WARNINGS IN LIEU OF CITATIONS. Subsection (a) of section 9 of the Occupational Safety and Health Act (29 U.S.C. 658(a)) is amended to read as follows: ``(a)(1) Except as provided in paragraph (2), if, upon inspection or investigation, the Secretary or an authorized representative of the Secretary believes that an employer has violated a requirement of section 5, of any regulation, rule, or order promulgated pursuant to section 6, or of any regulations prescribed pursuant to this Act, the Secretary may with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Act, regulation, rule, or order alleged to have been violated. The citation shall fix a reasonable time for the abatement of the violation. ``(2) The Secretary or the authorized representative of the Secretary shall issue a warning in lieu of a citation with respect to-- ``(A) violations that have no significant relationship to employee safety or health; or ``(B) cases in which the employer in good faith acts promptly to abate the violation. ``(3) Nothing in this Act shall prohibit the Secretary or the authorized representative of the Secretary from providing technical assistance to an employer in correcting a violation discovered during an inspection or investigation under this Act.''.

Summary: Occupational Safety and Health Amendments of 1995 - Amends the Occupational Safety and Health Act of 1970 to provide that employee safety and health participation committees are not prohibited under the National Labor Relations Act or the Railway Labor Act. (Sec. 3) Provides for risk assessment in standards making. Directs the Secretary of Labor to consider the number of workers exposed to the toxic material or harmful physical agent, the nature and severity of the potential impairment, and its likelihood, in determining the priority for establishing standards dealing with such materials or agents. Requires publication of risk assessments for final standards and certification that such standards justify their costs or publication of reasons why such certification cannot be made. (Sec. 4) Directs the Secretary to enter into cooperative agreements with States for the provision of consultation services by such States to employers concerning the provision of safe and healthful working conditions. (Sec. 5) Reduces penalties for nonserious violations. (Sec. 6) Provides for warnings in lieu of citations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Employment Transition Support Act of 2005'' or the ``VETS Act of 2005''. SEC. 2. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45J. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA. ``(a) General Rule.--For purposes of section 38, the military service personnel employment credit for the taxable year shall be equal to-- ``(1) except as provided in paragraph (2), 40 percent of the qualified first-year wages for such year, and ``(2) in the case of a disabled qualified veteran, the applicable percentage of the qualified first-year wages for such year. ``(b) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means the wages paid or incurred by the employer during the taxable year to individuals who are qualified veterans. ``(2) Qualified first-year wages.--The term `qualified first-year wages' means, with respect to any individual, qualified wages attributable to service rendered during the 1- year period beginning with the day the individual begins work for the employer. ``(3) Wages.--The term `wages' has the meaning given such term by section 51(c), without regard to paragraph (4) thereof. ``(c) Qualified Veteran; Hiring Date.--For purposes of this section-- ``(1) In general.--The term `qualified veteran' means any individual who is certified by the designated local agency (as defined in section 51(d)(11))-- ``(A) as being a veteran (as defined in section 51(d)(3)(B)) who performed services in an area designated by the President for purposes of this section as a combat zone or as a hazardous duty area, and ``(B) as having been honorably discharged from active duty in the Armed Forces of the United States. ``(2) Hiring date.--The term `hiring date' has the meaning given such term by section 51(d). ``(d) Disabled Qualified Veteran; Applicable Percentage.-- ``(1) In general.--The term `disabled qualified veteran' means any qualified veteran who is certified by the designated local agency (as so defined) as having a disability that has been determined under the laws administered by the Secretary of Veterans Affairs to be service-connected and that is rated by such Secretary (as of the date of the certification) as 10 percent or more disabling. ``(2) Applicable percentage.--The term `applicable percentage' means the percentage determined in accordance with the following table: ``Percentage of disability: Applicable percentage: At least 10 but not over 20....... 41 At least 20 but not over 30....... 42 At least 30 but not over 40....... 43 At least 40 but not over 50....... 44 At least 50 but not over 60....... 45 At least 60 but not over 70....... 46 At least 70 but not over 80....... 47 At least 80 but not over 90....... 48 At least 90 but not over 100...... 49 100 percent....................... 50 ``(e) Certain Rules to Apply.--Rules similar to the rules of section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997), (j), and (k) of section 51, shall apply for purposes of this section.''. (b) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the military service personnel employment credit determined under section 45J(a).''. (c) Technical Amendments.-- (1) Clause (iii) of section 41(b)(2)(D) of such Code is amended to read as follows: ``(iii) Exclusion for wages to which employment credits apply.--The term `wages' shall not include any amount taken into account in determining the credit under section 45J(a) or 51(a).''. (2) Subparagraph (B) of section 45A(b)(1) of such Code is amended to read as follows: ``(B) Coordination with other employment credits.-- The term `qualified wages' shall not include wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer if any portion of such wages is taken into account in determining the credit under section 45J or 51.''. (3) Subsection (a) of section 280C of such Code is amended by inserting ``45J(a),'' after ``45A(a),''. (4) Paragraph (3) of section 1396(c) of such Code is amended to read as follows: ``(3) Coordination with other employment credits.-- ``(A) In general.--The term `qualified wages' shall not include wages taken into account in determining the credit under section 45J or 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credits under sections 45J and 51.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45J. Credit for employers hiring military service personnel who served in a combat zone or a hazardous duty area.''. (e) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Summary: Veterans' Employment Transition Support Act of 2005 or the VETS Act of 2005 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring veterans who served in a combat zone or a hazardous duty area and were honorably discharged from active duty. Sets the amount of such credit at 40 percent of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Mariner and Vessel Protection Act of 2009''. SEC. 2. PURPOSE. The purpose of the Act is to assist in the defense of United States-flag vessels against piracy and to ensure the traditional right of self-defense of those vessels against piracy. SEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED STATES-FLAG VESSELS IN INTERNATIONAL WATERS. Section 70106 of title 46, United States Code, is amended by adding at the end the following: ``(d) International Deployment.-- ``(1) In general.--In addition to authorities provided under this section, the Commandant of the Coast Guard may deploy a maritime safety and security team on a temporary basis, not to exceed six months, to deter, protect against, and rapidly respond to acts of piracy against vessels (as defined in section 70122) in international waters. ``(2) Notification of congress.--The Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 10 days after the deployment of a maritime safety and security team authorized under this subsection.''. SEC. 4. AUTHORITY TO USE FORCE. (a) In General.--Chapter 701 of title 46, United States Code, is amended by adding at the end the following new section: ``Sec. 70122. Authority to use force ``(a) In General.--The Secretary shall issue regulations establishing standards and circumstances under which an individual is authorized to use force (including lethal force) against an individual in the defense of a vessel against piracy. ``(b) Limitation on Liability.-- ``(1) Liability of owners, operators and masters.--An owner, operator, time charterer, or master of vessel shall not be liable for damages in any action brought in a Federal or State court arising out of the use of force authorized under regulations under subsection (a), including the use of or failure to use a firearm so authorized. ``(2) Liability of an individual.--An individual shall not be liable for damages in any action brought in a Federal or State court arising out of use of force authorized under regulations under subsection (a) by that individual unless the individual is grossly negligent or engages in willful misconduct. ``(3) Liability of federal government.--For purposes of an action against the United States with respect to an act or omission arising out of a use of force authorized under regulations under subsection (a), an individual shall be treated as an employee of the Federal Government under chapter 171 of title 28, relating to tort claims procedure. ``(4) Limitation on application.--The limitations on liability described in paragraphs (1), (2), and (3) apply only if the individual who uses force authorized under regulations under subsection (a)-- ``(A) holds a license issued under section 7101 or a merchant mariner document issued under section 7301; and ``(B) in a case in which the use of force included the use of a firearm, has completed training certified by the Coast Guard for use of firearms aboard vessels. ``(c) Vessel Defined.--For purposes of this section, the term `vessel' means a vessel for which the Secretary has issued a certificate of inspection under section 3309 and that is operating in waters designated by the Secretary as high-risk waters.''. (b) Clerical Amendment.--The analysis at the beginning of such chapter is amended by adding at the end the following new item: ``70122. Authority to use force.''. (c) Deadlines.--The Secretary of the department in which the Coast Guard is operating shall-- (1) no later than 3 months after the date of enactment of this Act, issue regulations under section 70122(a) of title 46, United States Code, as amended by this section; and (2) in consultation with the Secretary of Defense and no later than 6 months after the date of enactment of this Act, issue regulations to certify, for purposes of section 70122(b)(4)(B) of such title, courses to train on a recurrent basis individuals who hold a license issued under section 7101 or a merchant mariner document issued under section 7301 in the use of firearms aboard vessels. SEC. 5. AGREEMENTS. To carry out the purpose of this Act, the Secretary of the department in which the Coast Guard is operating shall work through the International Maritime Organization to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by section 70122 of title 46, United States Code, as amended by this Act.

Summary: United States Mariner and Vessel Protection Act of 2009 - Authorizes the Coast Guard's Commandant to deploy a maritime safety and security team for up to six months to deter, protect against, and rapidly respond to acts of piracy against vessels in international waters. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations establishing standards and circumstances under which an individual is authorized to use force (including lethal force) against an individual in the defense of a vessel against piracy. Limits the liability of the individuals, the federal government, and owners, operators, and masters of vessels in actions arising out of a use of force authorized under the regulations. Directs the Secretary to work through the International Maritime Organization (IMO) to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Act Amendments of 2001''. SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS. Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) An Inspector General (as defined under section 8G(a)(6) or 11(3)) may not receive any cash award or cash bonus, including any cash award under chapter 45 of title 5, United States Code.''. SEC. 3. EXTERNAL REVIEWS. (a) In General.--Section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e)(1)(A) Not less than every 3 years an external review shall be conducted of each Office (as defined under section 8G(a)(5) or 11(4)). ``(B) The Inspector General of each Office as defined under section 8G(a)(5) or 11(4) shall arrange with the General Accounting Office or an appropriate private entity for the conduct of the review. ``(C) If an Inspector General contracts with a private entity for a review under this subsection, the private entity shall be contracted in accordance with section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253). ``(2) At a minimum, an external review under this subsection shall evaluate whether the Office properly manages and controls-- ``(A) contracts awarded by the Office, including a determination of whether-- ``(i) procedures used to procure contracts are in accordance with applicable laws and regulations; and ``(ii) costs incurred are reasonable and allowable under the terms of each contract; ``(B) appropriated funds, including a determination of whether training and travel funds are expended in accordance with applicable laws and regulations; and ``(C) personnel actions, including a determination of whether hiring and promotion practices used and performance awards issued are in accordance with applicable laws and regulations. ``(3) Not later than 30 calendar days after the completion of an external review, a report of the results shall be submitted to the head of the establishment and simultaneously to the appropriate committees or subcommittees of the Congress.''. (b) Technical and Conforming Amendment.--The section heading for section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: ``duties and responsibilities; report of criminal violations to attorney general; external reviews''. SEC. 4. ANNUAL REPORTS. (a) In General.--Section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking the first sentence and inserting ``Each Inspector General shall, not later than October 31 of each year, prepare an annual report summarizing the activities and accomplishments of the Office during the immediately preceding 12-month period ending September 30.''; (2) by striking paragraphs (1) through (12) and inserting the following: ``(1) a summary of the program areas within the establishment identified by the Inspector General as high risk because of vulnerabilities to waste, fraud, abuse, and mismanagement; ``(2) a description of the most significant audits, investigations (administrative, civil, and criminal), and evaluations and inspections completed during the reporting period; ``(3) a summary of each report made to the head of the establishment under section 6(b)(2) during the reporting period; ``(4) a table showing-- ``(A)(i) the total number of final audit reports issued by the Office of Inspector General; and ``(ii) the financial benefits associated with the reports segregated by category, such as budget reductions, costs avoided, questioned costs, and revenue enhancements; and ``(B) corrective actions taken and program improvements made during the reporting period in response to either an Office of Inspector General audit finding or recommendation (excluding any recommendation included under subparagraph (A) with respect to such corrective actions); ``(5) a table showing-- ``(A) the judicial and administrative actions associated with investigations conducted by the Office of Inspector General; ``(B) the number of-- ``(i) cases referred for criminal prosecution, civil remedies, or administrative actions; ``(ii) cases presented but declined for prosecution, segregated by criminal and civil; ``(iii) cases accepted for prosecution (both Federal and State), segregated by criminal and civil; ``(iv) defendants indicted; ``(v) defendants convicted; ``(vi) defendants acquitted or charges dismissed after indictment; ``(vii) defendants sentenced to terms of imprisonment; ``(viii) defendants sentenced to terms of probation; and ``(ix) suspensions, disbarments, exclusions, sanctions, or some other similar administrative action; and ``(C) the total amount of fines, restitutions, and recoveries; ``(6) a description of the organization and management structure of the Office of Inspector General, including-- ``(A) an organization chart showing the major components of the Office; ``(B) a statistical table showing the number of authorized full-time equivalent positions segregated by component and by headquarters and field office; and ``(C) the amount of funding received in prior and current fiscal years; ``(7) a table showing-- ``(A) the number of contracts, and associated dollar value, awarded on a noncompetitive basis by the Office of Inspector General; and ``(B) with respect to any individual contract valued over $100,000, awarded on a noncompetitive basis-- ``(i) the name of the contractor; ``(ii) statement of work; ``(iii) the time period of the contract; and ``(iv) the dollar amount of the contract; ``(8)(A) a summary of each audit report issued in previous reporting periods for which no management decision has been made by the end of the reporting period (including the date and title of each such report); ``(B) an explanation of the reasons such management decision has not been made; and ``(C) a statement concerning the desired timetable for achieving a management decision on each such report;''; (3) by redesignating paragraph (13) as paragraph (9); (4) in paragraph (9) (as redesignated by paragraph (3) of this subsection)-- (A) by striking ``section 05(b)'' and inserting ``section 804(b)''; and (B) by striking the period and inserting ``; and''; and (5) by adding at the end the following new paragraph: ``(10) any other information that the Inspector General determines appropriate to include in the annual report.''. (b) Semiannual Reports.--Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f)(1) Subject to paragraph (4), in addition to any annual report required to be furnished and transmitted under subsection (b), an Inspector General shall prepare and submit a report described under paragraph (2) to-- ``(A) the applicable congressional committee, if the chairman or ranking member of a congressional committee with appropriate jurisdiction submits a written request to such Inspector General; or ``(B) to the Comptroller General of the United States if the Comptroller General submits a written request to such Inspector General. ``(2) A report referred to under paragraph (1) shall-- ``(A) contain the information required for an annual report under subsection (a); and ``(B) summarize the activities of the Office during the 6- month period ending on March 31 of the calendar year following the date on which the request is made. ``(3) A report under this subsection shall be submitted on April 30 of the calendar year following the date on which the request is made. ``(4) An Inspector General shall not be required to submit a report under this subsection if the written request for such report is submitted to the Inspector General after November 30 of the calendar year preceding the date on which the report is otherwise required to be submitted to a congressional committee or the Comptroller General.''. (c) Submission of Other Reports.--Nothing in the amendments made by this section shall be construed to limit an Inspector General from submitting any report containing in whole or part information required in an annual or semiannual report furnished and transmitted under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to the Congress more frequently than on an annual or semiannual basis. (d) Technical and Conforming Amendments.-- (1) Section 4(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``semiannual'' and inserting ``annual''. (2) Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in subsection (b)-- (i) by striking ``Semiannual'' and inserting ``Annual''; and (ii) by striking ``April 30 and''; and (B) in subsection (c)-- (i) in the first sentence by striking ``semiannual'' and inserting ``annual''; and (ii) in the second sentence by striking ``semiannual'' and inserting ``annual''. (3) Section 8(f) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``semiannual'' and inserting ``annual''. SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE. (a) Level IV Positions.--Section 5315 of title 5, United States Code, is amended by striking each item relating to the following positions: (1) Inspector General, Department of Education. (2) Inspector General, Department of Energy. (3) Inspector General, Department of Health and Human Services. (4) Inspector General, Department of Agriculture. (5) Inspector General, Department of Housing and Urban Development. (6) Inspector General, Department of Labor. (7) Inspector General, Department of Transportation. (8) Inspector General, Department of Veterans Affairs. (9) Inspector General, Department of Defense. (10) Inspector General, United States Information Agency. (11) Inspector General, Department of State. (12) Inspector General, Department of Commerce. (13) Inspector General, Department of the Interior. (14) Inspector General, Department of Justice. (15) Inspector General, Department of the Treasury. (16) Inspector General, Agency for International Development. (17) Inspector General, Environmental Protection Agency. (18) Inspector General, Federal Emergency Management Agency. (19) Inspector General, General Services Administration. (20) Inspector General, National Aeronautics and Space Administration. (21) Inspector General, Nuclear Regulatory Commission. (22) Inspector General, Office of Personnel Management. (23) Inspector General, Railroad Retirement Board. (24) Inspector General, Small Business Administration. (25) Inspector General, Federal Deposit Insurance Corporation. (26) Inspector General, Resolution Trust Corporation. (27) Inspector General, Central Intelligence Agency. (28) Inspector General, Social Security Administration. (29) Inspector General, United States Postal Service. (b) Level III Positions.--Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Inspector General, Department of Education. ``Inspector General, Department of Energy. ``Inspector General, Department of Health and Human Services. ``Inspector General, Department of Agriculture. ``Inspector General, Department of Housing and Urban Development. ``Inspector General, Department of Labor. ``Inspector General, Department of Transportation. ``Inspector General, Department of Veterans Affairs. ``Inspector General, Department of Defense. ``Inspector General, Department of State. ``Inspector General, Department of Commerce. ``Inspector General, Department of the Interior. ``Inspector General, Department of Justice. ``Inspector General, Department of the Treasury. ``Inspector General, Agency for International Development. ``Inspector General, Corporation for Community and National Service. ``Inspector General, Environmental Protection Agency. ``Inspector General, Federal Emergency Management Agency. ``Inspector General, General Services Administration. ``Inspector General, National Aeronautics and Space Administration. ``Inspector General, Nuclear Regulatory Commission. ``Inspector General, Office of Personnel Management. ``Inspector General, Railroad Retirement Board. ``Inspector General, Small Business Administration. ``Inspector General, Federal Deposit Insurance Corporation. ``Inspector General, Central Intelligence Agency. ``Inspector General, Social Security Administration. ``Inspector General, United States Postal Service.''. (c) Savings Provision.--Nothing in this section shall have the effect of reducing the rate of pay of any individual serving as an Inspector General on the effective date of this section. SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES. (a) Study.--The Comptroller General of the United States shall-- (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; and (2) conduct a study of Federal Inspector General offices using the criteria developed under paragraph (1) to determine whether any such offices should be consolidated. (b) Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to the Congress containing recommendations for any legislative action, based on the study conducted under subsection (a).

Summary: Inspector General Act Amendments of 2001 - Amends the Inspector General Act of 1978 to prohibit the receipt of any cash award or cash bonus by an Inspector General.Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity.Changes the semiannual Office activities report to an annual report. Revises required elements of such reports.Sets forth new semiannual Office activities reporting requirements.Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule.Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; (2) study the offices using such criteria to determine whether any should be consolidated; and (3) report to Congress recommendations for legislative action based on the study.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) as of February 2016-- (A) the global illicit trade in wildlife is estimated to be worth up to $20,000,000,000 annually; and (B) the legal wildlife trade in the United States was estimated to have a value of $2,800,000,000 annually; (2) the illegal trade in prohibited wildlife species (as defined in section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371)) stimulates demand and expands markets in which prohibited wildlife species are sold illegally; (3) private possession, breeding, and sale of prohibited wildlife species have substantial and detrimental effects on-- (A) the health and general welfare of the people of the United States; and (B) the conservation of the prohibited wildlife species; (4) the private possession and breeding of prohibited wildlife species has a substantial and direct effect on interstate commerce because prohibited wildlife species are often-- (A) bred and possessed-- (i) for use in public exhibition; or (ii) for sale or transfer of ownership in the exotic pet trade; and (B) transported in interstate commerce for the activities described in subparagraph (A); (5) the private possession and breeding of prohibited wildlife species contributes to interstate trafficking in prohibited wildlife species and may contribute to the international illegal trade in prohibited wildlife species; (6) prohibited wildlife species in private possession and prohibited wildlife species that are subject to intrastate distribution are fungible commodities that cannot be differentiated, for purposes of control, from prohibited wildlife species that are subject to interstate distribution; (7) it is exceedingly difficult to distinguish between-- (A) prohibited wildlife species that have been possessed, bred, sold, or transported in interstate commerce; and (B) prohibited wildlife species that have not been possessed, bred, sold, or transported in interstate commerce; (8) Federal control of intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of interstate trafficking in prohibited wildlife species; and (9) the United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), which was designed to protect species of wild fauna and flora from exploitation through international trade. SEC. 3. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to intentionally or negligently-- ``(1) facilitate propagation or reproduction; or ``(2) fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.-- (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended-- (i) in clause (ii), by striking ``section 2(g)'' and inserting ``section 2(h)''; and (ii) in clause (iii), by striking ``section 2(g)'' and inserting ``section 2(h)''. (B) Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 4. PROHIBITIONS. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a) -- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``in paragraphs (1) through (3).'' and inserting ``in-- ``(A) paragraphs (1) through (3); or ``(B) subsection (e).''; (2) by striking subsection (e) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person-- ``(A) to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species-- ``(i) in interstate or foreign commerce; or ``(ii) in a manner substantially affecting interstate or foreign commerce; or ``(B) to breed or possess a live animal of any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to any person that-- ``(A) is an institution accredited by the Association of Zoos and Aquariums; ``(B) is a facility that-- ``(i) has an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for the breeding of prohibited wildlife species; and ``(ii) does not breed, acquire, or sell prohibited wildlife species other than the prohibited wildlife species covered by a contract described in clause (i); ``(C) is a State college, university, or agency, or State-licensed veterinarian; ``(D)(i) is a wildlife sanctuary that cares for prohibited wildlife species; ``(ii) is a corporation that-- ``(I) is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; and ``(II) is described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; ``(iii) does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of prohibited wildlife species; ``(iv) does not breed the prohibited wildlife species; ``(v) does not allow direct contact between the public and prohibited wildlife species; and ``(vi) does not allow the transportation and display of prohibited wildlife species off-site; ``(E) has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the prohibited wildlife species; ``(F)(i) is in possession of a prohibited wildlife species that was born before the date of enactment of the Big Cat Public Safety Act of 2016; ``(ii) not later than 180 days after the date of enactment of the Big Cat Public Safety Act of 2016, is registered with the Animal and Plant Health Inspection Service; ``(iii) does not breed, acquire, or sell any prohibited wildlife species after the date of enactment of that Act; and ``(iv) does not allow direct contact between the public and prohibited wildlife species; or ``(G)(i) holds a valid Class C license under the Animal Welfare Act (7 U.S.C. 2131 et seq.); ``(ii) regularly travels across State lines to conduct circus performances featuring live prohibited wildlife species, clowns, and aerial acts; ``(iii) engaged in the travel and conduct described in clause (ii) before January 1, 2015; and ``(iv) does not allow direct contact between the public and prohibited wildlife species.''. SEC. 5. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by striking ``other than subsections (b), (d),'' and inserting ``other than subsections (b), (d), (e),''; and (2) by striking ``violates subsection (d)'' and inserting ``violates subsection (d), (e),''. (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``(e),'' after ``(d),''; and (B) by striking ``or'' after the comma at the end; (2) in subparagraph (B)-- (A) by inserting ``(e),'' after ``(d),''; and (B) by adding ``or'' after the comma at the end; and (3) by inserting after subparagraph (B) the following: ``(C) knowingly violates section 3(e),''; and (4) in the undesignated matter following subparagraph (C) (as added by paragraph (3))-- (A) by striking ``knowing that'' and all that follows through ``treaty or regulation,''; and (B) in the second sentence, by striking ``said fish or wildlife or plants'' and inserting ``fish or wildlife, plants, or prohibited wildlife species concerned''. SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended-- (1) by striking ``or plants'' and inserting ``, plants, or prohibited wildlife species bred, possessed,''; (2) by striking ``of this Act (other than subsection 3(b))'' and inserting ``(other than subsection (b) of that section)''; and (3) by striking ``of this Act.'' and inserting a period. SEC. 7. ADMINISTRATION. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary, in consultation with other relevant Federal and State agencies, shall promulgate any regulations necessary to implement section 3(e).''. SEC. 8. TECHNICAL CORRECTION. Section 4(e), and subsections (a) and (b)(2) of section 8, of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by striking ``Fishery Conservation and Management Act of 1976'' each place it appears and inserting ``Magnuson-Stevens Fishery Conservation and Management Act''.

Summary: Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed. The bill revises the list of entities that are exempt from Lacey Act prohibitions to include: institutions accredited by the Association of Zoos and Aquariums; certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species; persons who do not allow the transportation and display of prohibited wildlife species off-site; current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days; and certain traveling circuses that hold Class C licenses under the Animal Welfare Act. Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Resource Efficient Appliance Incentives Act of 2005.''. SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45J. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.-- ``(1) In general.--For purposes of section 38, the energy efficient appliance credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under paragraph (2) for each type of qualified energy efficient appliance produced by the taxpayer during the calendar year ending with or within the taxable year. ``(2) Credit amounts.--The credit amount determined for any type of qualified energy efficient appliance is-- ``(A) the applicable amount determined under subsection (b) with respect to such type, multiplied by ``(B) the eligible production for such type. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)-- ``(A) Dishwashers.--The applicable amount is the energy savings amount in the case of a dishwasher which-- ``(i) is manufactured in calendar year 2006 or 2007, and ``(ii) meets the requirements of the Energy Star program which are in effect for dishwashers in 2007. ``(B) Clothes washers.--The applicable amount is-- ``(i) $50, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2005, and ``(II) has an MEF of at least 1.42, ``(ii) $100, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2005, 2006, or 2007, and ``(II) meets the requirements of the Energy Star program which are in effect for clothes washers in 2007, and ``(iii) the energy and water savings amount, in the case of a clothes washer which-- ``(I) is manufactured in calendar year 2008, 2009, or 2010, and ``(II) meets the requirements of the Energy Star program which are in effect for clothes washers in 2010. ``(C) Refrigerators.-- ``(i) 15 percent savings.--The applicable amount is $75 in the case of a refrigerator which-- ``(I) is manufactured in calendar year 2005 or 2006, and ``(II) consumes at least 15 percent less kilowatt hours per year than the 2001 energy conservation standard. ``(ii) 20 percent savings.--In the case of a refrigerator which consumes at least 20 percent less kilowatt hours per year than the 2001 energy conservation standards, the applicable amount is-- ``(I) $125 for a refrigerator which is manufactured in calendar year 2005, 2006, or 2007, and ``(II) $100 for a refrigerator which is manufactured in calendar year 2008. ``(iii) 25 percent savings.--In the case of a refrigerator which consumes at least 25 percent less kilowatt hours per year than the 2001 energy conservation standards, the applicable amount is-- ``(I) $175 for a refrigerator which is manufactured in calendar year 2005, 2006, or 2007, and ``(II) $150 for a refrigerator which is manufactured in calendar year 2008, 2009, or 2010. ``(2) Energy savings amount.--For purposes of paragraph (1)(A)-- ``(A) In general.--The energy savings amount is the lesser of-- ``(i) the product of-- ``(I) $3, and ``(II) 100 multiplied by the energy savings percentage, or ``(ii) $100. ``(B) Energy savings percentage.--For purposes of subparagraph (A), the energy savings percentage is the ratio of-- ``(i) the EF required by the Energy Star program for dishwashers in 2007 minus the EF required by the Energy Star program for dishwashers in 2005, to ``(ii) the EF required by the Energy Star program for dishwashers in 2007. ``(3) Energy and water savings amount.--For purposes of paragraph (1)(B)(iii)-- ``(A) In general.--The energy and water savings amount is the lesser of-- ``(i) the product of-- ``(I) $10, and ``(II) 100 multiplied by the energy and water savings percentage, or ``(ii) $200. ``(B) Energy and water savings percentage.--For purposes of subparagraph (A), the energy and water savings percentage is the average of the MEF savings percentage and the WF savings percentage. ``(C) MEF savings percentage.--For purposes of this subparagraph, the MEF savings percentage is the ratio of-- ``(i) the MEF required by the Energy Star program for clothes washers in 2010 minus the MEF required by the Energy Star program for clothes washers in 2007, to ``(ii) the MEF required by the Energy Star program for clothes washers in 2010. ``(D) WF savings percentage.--For purposes of this subparagraph, the WF savings percentage is the ratio of-- ``(i) the WF required by the Energy Star program for clothes washers in 2010 minus the WF required by the Energy Star program for clothes washers in 2007, to ``(ii) the WF required by the Energy Star program for clothes washers in 2010. ``(c) Eligible Production.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the eligible production in a calendar year with respect to each type of energy efficient appliance is the excess of-- ``(A) the number of appliances of such type which are produced by the taxpayer in the United States during such calendar year, over ``(B) the average number of appliances of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(2) Special rule for refrigerators.--The eligible production in a calendar year with respect to each type of refrigerator described in subsection (b)(1)(C) is the excess of-- ``(A) the number of appliances of such type which are produced by the taxpayer in the United States during such calendar year, over ``(B) 110 percent of the average number of appliances of such type which were produced by the taxpayer (or any predecessor) in the United States during the preceding 3-calendar year period. ``(3) Special rule for 2005 production.--For purposes of determining eligible production for calendar year 2005-- ``(A) only production after the date of enactment of this section shall be taken into account under paragraphs (1)(A) and (2)(A), and ``(B) the amount taken into account under paragraphs (1)(B) and (2)(B) shall be an amount which bears the same ratio to the amount which would (but for this paragraph) be taken into account under such paragraph as-- ``(i) the number of days in calendar year 2005 after the date of enactment of this section, bears to ``(ii) 365. ``(d) Types of Energy Efficient Appliance.--For purposes of this section, the types of energy efficient appliances are-- ``(1) dishwashers described in subsection (b)(1)(A), ``(2) clothes washers described in subsection (b)(1)(B)(i), ``(3) clothes washers described in subsection (b)(1)(B)(ii), ``(4) clothes washers described in subsection (b)(1)(B)(iii), ``(5) refrigerators described in subsection (b)(1)(C)(i), ``(6) refrigerators described in subsection (b)(1)(C)(ii)(I), ``(7) refrigerators described in subsection (b)(1)(C)(ii)(II), ``(8) refrigerators described in subsection (b)(1)(C)(iii)(I), and ``(9) refrigerators described in subsection (b)(1)(C)(iii)(II). ``(e) Limitations.-- ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $75,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years. ``(2) Amount allowed for certain appliances.-- ``(A) In general.--In the case of appliances described in subparagraph (C), the aggregate amount of the credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $20,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years with respect to such appliances. ``(B) Election to increase allowable credit.--In the case of any taxpayer who makes an election under this subparagraph-- ``(i) subparagraph (A) shall be applied by substituting `$25,000,000' for `$20,000,000', and ``(ii) the aggregate amount of the credit allowed under subsection (a) with respect to such taxpayer for any taxable year for appliances described in subparagraph (C) and the additional appliances described in subparagraph (D) shall not exceed $50,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years with respect to such appliances. ``(C) Appliances described.--The appliances described in this subparagraph are-- ``(i) clothes washers described in subsection (b)(1)(B)(i), and ``(ii) refrigerators described in subsection (b)(1)(C)(i). ``(D) Additional appliances.--The additional appliances described in this subparagraph are-- ``(i) refrigerators described in subsection (b)(1)(C)(ii)(I), and ``(ii) refrigerators described in subsection (b)(1)(C)(ii)(II). ``(3) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(4) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(f) Definitions.--For purposes of this section-- ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means-- ``(A) any dishwasher described in subsection (b)(1)(A), ``(B) any clothes washer described in subsection (b)(1)(B), and ``(C) any refrigerator described in subsection (b)(1)(C). ``(2) Dishwasher.--The term `dishwasher' means a residential dishwasher subject to the energy conservation standards established by the Department of Energy. ``(3) Clothes washer.--The term `clothes washer' means a residential model clothes washer, including a residential style coin operated washer. ``(4) Refrigerator.--The term `refrigerator' means a residential model automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(5) MEF.--The term `MEF' means the modified energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(6) EF.--The term `EF' means the energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(7) WF.--The term `WF' means Water Factor (as determined by the Secretary of Energy). ``(8) Produced.--The term `produced' includes manufactured. ``(9) 2001 energy conservation standard.--The term `2001 energy conservation standard' means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ``(g) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the energy efficient appliance credit determined under section 45J(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45J. Energy efficient appliance credit''. (d) Effective Date.--The amendments made by this section shall apply to appliances produced after the date of the enactment of this Act, in taxable years ending after such date.

Summary: Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain water and energy efficient appliances (e.g., dishwashers, clothes washers, and refrigerators). Bases the amount of such credit on specified energy and water efficiency ratings.


SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Orphan Drug Act Amendments of 1994 ''. (b) Reference.--Whenever in this Act (other than sections 5 and 6) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.). SEC. 2. PERIOD OF EXCLUSIVITY. (a) Initial Period.--Subsection (a) of section 527 (21 U.S.C. 360cc) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by striking ``seven years'' and inserting ``4 years''; and (4) by striking ``505(c)(2)'' and inserting ``505(c)(1)(B)''. (b) Additional Period.--Subsection (a) of section 527 (21 U.S.C. 360cc) (as amended by subsection (a)) is amended by adding at the end the following new paragraphs: ``(2) The holder of the approved application, certification, or license of a drug to which the 4-year period of exclusivity applies under paragraph (1) may, after the expiration of 3\1/2\ years of such period but not later than 90 days before the expiration of such period, apply to the Secretary for a 3-year extension of such period. Such an application shall contain such information as the Secretary determines is necessary to evaluate such application. ``(3) The Secretary shall approve an application submitted under paragraph (2) if the applicant-- ``(A) demonstrates that the drug has a limited commercial potential as determined under regulations of the Secretary, taking into account sales information respecting such drug and any other factor identified by the Secretary in such regulations that is relevant to the commercial potential of such drug, and ``(B) makes such demonstration on the basis of the regulations of the Secretary referred to in subparagraph (A) that were in effect-- ``(i) on the date-- ``(I) such drug received its designation under section 526(a), or ``(II) such applicant applied for an exemption for such drug under section 505(i) or 507(d), whichever first occurs, or ``(ii) if the date under clause (i) occurred before the date such regulations were in effect, on the date such regulations were in effect.''. (c) Conforming Amendment.--Section 527(b) (21 U.S.C. 360cc(b)) is amended-- (1) by striking ``during the seven-year period beginning on the date of the application approval'' and inserting ``during the applicable period of exclusivity under subsection (a)''; and (2) by striking ``such seven year period'' and inserting ``the applicable period of exclusivity under subsection (a)''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall not apply to a drug-- (1) for which an application under section 505 or 507 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act was submitted before March 1, 1994; or (2) for which an exemption under section 505(i) or 507(d) of the Federal Food, Drug, and Cosmetic Act was in effect before March 1, 1994, for which human clinical trials were actively being conducted before such date, and for which an application for designation under section 526 of such Act was submitted before the date of enactment of the Orphan Drug Act Amendments of 1994. The 7 year period of exclusivity provided by section 527(a) of the Federal Food, Drug, and Cosmetic Act before the date of the enactment of this Act shall, after such date, apply to a drug described in paragraph (1) or (2). (e) Regulations.--The Secretary shall issue final regulations to implement paragraphs (2) and (3) of section 527(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360cc) (as amended by subsection (b)) not later than 6 months after the date of the enactment of this Act. SEC. 3. DESIGNATIONS. (a) In General.--Section 526(a)(2) (21 U.S.C. 360bb(a)(2)) is amended to read as follows: ``(2) For purposes of paragraph (1), the term `rare disease or condition' means any disease or condition that-- ``(A) affects fewer than 200,000 persons in the United States determined on the basis of-- ``(i) the facts and circumstances as of the date the request for designation of the drug under this subsection is made, and ``(ii) projections as to the number of persons who will be affected by the disease or condition on a date which is 3 years from date such request was made, or ``(B) affects more than 200,000 persons in the United States and for which there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug.''. (b) Exclusivity.--Section 527(b) (21 U.S.C. 360cc(b)) is amended-- (1) in paragraph (1), by striking ``or'' at the end of such paragraph; (2) by striking the period at the end of paragraph (2) and inserting ``; or'', and (3) by adding at the end the following new paragraph: ``(3) a drug has been designated under section 526 for a rare disease or condition described in section 526(a)(2)(A) and if after such designation it is determined that-- ``(A) such disease or condition affects more than 200,000 persons in the United States; and ``(B) such drug does not meet the requirement of section 526(a)(2)(B).''. SEC. 4. SIMULTANEOUS DEVELOPMENT. (a) In General.--Section 527(b) (21 U.S.C. 360cc(b)), as amended by section 3(b), is amended by-- (1) inserting ``(1)'' after ``(b)''; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) by striking ``for a person who is not'' and inserting ``for an applicant who is not''; and (4) by adding at the end the following new subparagraphs: ``(D) the Secretary finds, after providing the holder, such applicant, and any other interested person an opportunity to present their views, that the drugs of the holder and such applicant were developed simultaneously. The Secretary shall make a decision on a request for a finding under subparagraph (D) not later than 60 days after the filing of the request. ``(2) For purposes of paragraph (1)(D), drugs of a holder and an applicant shall be considered to be developed simultaneously only if-- ``(A) the applicant requested that its drug be designated under section 526 not later than 6 months after publication of the designation under section 526(c) of the holder's drug; ``(B) the applicant initiated the human clinical trials that the applicant relied on in its application for such approval, certification, or license not more than 12 months after the date the holder initiated the human clinical trials that the holder relied on in its application for such approval, certification, or license; and ``(C) the applicant submitted such application, including the reports of the clinical and animal studies necessary for approval, certification, or licensing, not more than 12 months after the holder submitted its application, including such reports, for such action. ``(3) Paragraph (1)(D) does not apply to a drug-- ``(A) for which an application under section 505 or 507 or section 351 of the Public Health Service Act was submitted before March 1, 1994; or ``(B) for which an exemption under section 505(i) or 507(d) was in effect before March 1, 1994, for which human clinical trials were actively being conducted before such date, and for which an application for designation under section 526 was submitted before the date of enactment of the Orphan Drug Act Amendments of 1994.''. (b) Publication.--Section 526(c) (21 U.S.C. 360bb(c)) is amended-- (1) by inserting ``for a rare disease or condition'' after ``(a)''; and (2) by striking ``shall be made available to the public'' and inserting ``shall be promptly published in the Federal Register and otherwise made available to the public in a manner designed to notify persons who have such disease or condition''. SEC. 5. OFFICE FOR ORPHAN DISEASES AND CONDITIONS. Section 227 of the Public Health Service Act (42 U.S.C. 236) is amended-- (1) in subsection (a), to read as follows: ``(a) There is established in the Department of Health and Human Services an Office for Orphan Diseases and Conditions. Such Office shall be established at a level within the Department with sufficient authority to assure full implementation of the functions and responsibilities established by this section.''; (2) by striking ``Board'' each place the term appears and inserting ``Office''; (3) in subsection (b), by striking ``drugs and devices'' and inserting ``drugs, devices, and medical foods''; (4) in subsection (c)(1)(A), by inserting ``of chapter V'' after ``subchapter B''; (5) by adding at the end the following new subsection: ``(f)(1) There is established in the Office an advisory committee to advise the Office in carrying out the functions of the Office under this section. ``(2) The advisory committee shall be comprised of 11 members appointed by the Secretary, in consultation with the Office and the Commissioner of the Food and Drug Administration, from persons knowledgeable about rare diseases and conditions, including-- ``(A) 5 representatives of organizations of persons with rare diseases or conditions; ``(B) 3 research scientists; and ``(C) 3 representatives of health-related companies. ``(3) The Secretary shall also appoint, as liaisons to the advisory committee, individuals from the Food and Drug Administration, the National Institutes of Health, and other appropriate Federal agencies. ``(4) Vacancies occurring in the membership of the advisory committee shall be filled in the same manner as the original appointment for the position being vacated. Vacancies shall not affect the power of the remaining members to execute the duties of the advisory committee. ``(5) Members of the advisory committee, and liaisons to the advisory committee, shall not be compensated, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, for each day the member or liaison is engaged in the performance of duties away from the home or regular place of business of the member or liaison. ``(6) Notwithstanding section 1342 of title 31, United States Code, the advisory committee may accept the voluntary services provided by a member of the advisory committee or a liaison to the advisory committee.''; and (6) by amending the section heading to read as follows: ``office for orphan diseases and conditions''. SEC. 6. AUTHORIZATION FOR ORPHAN DRUG ACT. Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended by striking ``$10,000,000'' and all that follows and inserting ``$20,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996, and $30,000,000 for fiscal year 1997.''.

Summary: Orphan Drug Act Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to change from seven to four years the period of market exclusivity guaranteed to any approved orphan drug. Specifies that orphan drugs of "limited commercial potential," as defined by regulations to be issued by the Department of Health and Human Services, would qualify for an additional three years of exclusive marketing rights. Permits more than one company to put a particular orphan drug on the market in instances where both companies were working on the drug in roughly the same time frame. Provides for the withdrawal of exclusive marketing rights if the patient population for the approved treatment exceeds 200,000. Extends the authorization of the research grant program. Replaces the existing Orphan Products Board with an Office for Orphan Diseases and Conditions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Reimbursement Demonstration Act of 1997''. SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT. (a) Authority.-- (1) In general.--The Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly carry out a demonstration project under which the Secretary of Health and Human Services provides the Department of Veterans Affairs with reimbursement, determined in accordance with section 3, from the medicare program for health care services provided to targeted medicare-eligible veterans in or through facilities of the Department of Veterans Affairs selected under subsection (b). (2) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1998. (3) Waiver of certain medicare requirements.--To the extent necessary to carry out the demonstration project, the Secretary of Health and Human Services may waive any requirement of part B of title XI of the Social Security Act, title XVIII of that Act, or a related provision of law. (b) Selection of Participating Facilities.-- (1) Designation of service areas covered.--The Secretary of Veterans Affairs shall designate up to three geographic service areas from which facilities are selected to participate in the demonstration project. (2) Facility selection.-- (A) In general.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a plan for the selection of facilities under the jurisdiction of the Secretary and located within a geographic service area designated under paragraph (1) to participate in the project. (B) General criteria.--The selection plan shall favor selection of those facilities that are suited to serve targeted medicare-eligible individuals because-- (i) there is a high potential demand by targeted medicare-eligible veterans for their services; (ii) they have sufficient capability in billing and accounting to participate; (iii) they have favorable indicators of quality of care, including patient satisfaction; and (iv) they meet other relevant factors identified in the plan. (C) Facility near closed base.--There shall be at least one facility selected that is in the same catchment area as a military medical facility which was closed pursuant to either of the following laws: (i) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (ii) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (c) Voluntary Participation.--Participation of targeted medicare- eligible veterans in the demonstration project shall be voluntary, subject to the capacity of participating facilities and the funding limitations specified in section 3. (d) Cost Sharing.--The Secretary shall establish cost-sharing requirements for veterans participating in the demonstration project. Those requirements shall be the same as the requirements that apply to targeted medicare-eligible patients at nongovernmental facilities. (e) Crediting of Payments.--Payments received by the Secretary under the demonstration project shall be credited to the applicable Department of Veterans Affairs medical appropriation. SEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS. (a) Payments Based on 95 Percent of Regular Medicare Payment Rates.-- (1) In general.--Subject to the succeeding provisions of this section, the Secretary of Health and Human Services shall reimburse the Secretary of Veterans Affairs for services provided under the demonstration project at a rate equal to 95 percent of the amounts that otherwise would be payable under the medicare program on a non-capitated basis for such services if the facility were not a Federal facility, were participating in the program, and imposed charges for such services. In cases in which a payment amount may not otherwise be readily computed, the Secretaries shall establish rules for computing equivalent or comparable payment amounts. (2) Periodic payments from medicare trust funds.--Payments under this section shall be made-- (A) on a periodic basis consistent with the periodicity of payments under the medicare program; and (B) in appropriate part, as determined by the Secretary of Health and Human Services, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. (3) Annual limit on medicare payments.--The amount paid to the Department of Veterans Affairs under this section for any year for the demonstration project may not exceed $50,000,000. (b) Reduction in Payment for Failure to Maintain VA Effort.-- (1) In general.--In order to avoid shifting onto the medicare program the costs of the Department of Veterans Affairs for hospital care and medical services for targeted medicare-eligible veterans, the payment amounts under this section for the project for a year shall be reduced by the amount (if any) by which-- (A) the amount of the actual VA medical expenditures for targeted veterans (as defined in paragraph (3)) for the fiscal year ending in such year, is less than (B) the amount of the maintenance of effort level for such fiscal year, as determined under paragraph (2). (2) Maintenance of effort levels.--The maintenance of effort level for any fiscal year is the amount equal to the maintenance of effort level for the preceding fiscal year or, in the case of fiscal year 1998, the amount of VA medical expenditures for targeted veterans (as defined in paragraph (3)) for fiscal year 1997-- (A) increased or decreased by the same percentage as the percentage by which the amount of the medical care appropriation for the Department of Veterans Affairs for that fiscal year exceeds (or is less than, respectively) the amount of such appropriation for the preceding fiscal year; and (B) decreased by the amount of the decrease (if any) in VA medical expenditures for targeted veterans for that fiscal year (relative to the preceding fiscal year) that, as estimated by the Secretaries, results from-- (i) a rate of increase in the level of medical care appropriations for the Department of Veterans Affairs described in subparagraph (A) that is less than the general rate of increase in health care costs; and (ii) the reduction in priority in delivery of services to targeted medicare-eligible veterans attributable to the amendments made by title I of the Veterans' Health Care Eligibility Reform Act of 1996 (Public Law 104- 262; 110 Stat. 3177) and to implementation of the plan developed pursuant to section 429 of Public Law 104-204 (110 Stat. 2929). (3) VA medical expenditures for targeted veterans defined.--For purposes of this subsection, the term ``VA medical expenditures for targeted veterans'' means, with respect to a fiscal year, the amount expended by the Department of Veterans Affairs during the fiscal year for providing hospital care and medical services under chapter 17 of title 38, United States Code to targeted medicare-eligible veterans. Such amount does not include-- (A) expenditures for the conduct of medical examinations to adjudicate claims under such title, or (B) expenditures attributable to services for which reimbursement is made under the demonstration project. (c) Assuring No Increase in Cost to Medicare Program.-- (1) Monitoring impact on costs to medicare program.-- (A) In general.--The Secretaries, in consultation with the Comptroller General, shall closely monitor the expenditures made under the medicare program for targeted medicare-eligible veterans during the period of the demonstration project compared to the expenditures that would have been made for such veterans during that period if the demonstration project had not been conducted. (B) Auditing by the comptroller general.--Not later than December 31 of each year during which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and the appropriate committees of Congress a report on the extent, if any, to which the costs of the Secretary of Health and Human Services under the medicare program increased during the preceding fiscal year as a result of the demonstration project. (2) Required response in case of increase in costs.-- (A) In general.--If the Secretaries find, based on paragraph (1), that the expenditures under the medicare program increased (or are expected to increase) during a fiscal year because of the demonstration project, the Secretaries shall take such steps as may be needed-- (i) to recoup for the medicare program the amount of such increase in expenditures; and (ii) to prevent any such increase in the future. (B) Steps.--Such steps-- (i) under subparagraph (A)(i) shall include payment of the amount of such increased expenditures by the Secretary from the current medical care appropriation of the Department of Veterans Affairs to the trust funds under the medicare trust program; and (ii) under subparagraph (A)(ii) shall include suspending or terminating the demonstration project (in whole or in part) or substitution of a lower percentage for 95 percent under subsection (a)(1). SEC. 4. EVALUATION AND REPORTS. (a) Annual Report by Independent Entity.-- (1) In general.--The Secretaries shall arrange for an independent entity with expertise in the evaluation of health services to conduct an ongoing evaluation of the demonstration project. (2) Annual reports.--The entity shall submit a report on the project jointly to the Secretaries and to the appropriate committees of the Congress not later than March 1 following each year during which the project is conducted. (3) Assessment.--Each such report shall include the results of the evaluation under subsection (a), including an assessment of each of the following: (A) The cost to the Department of Veterans Affairs of providing care to veterans under the project. (B) Compliance of participating facilities with applicable measures of quality of care, compared to such compliance for other medicare-participating facilities. (C) A comparison of the costs of facilities' participation in the program with the reimbursements provided for services of such facilities. (D) Any savings or costs to the medicare programs from the project. (E) Any change in access to care or quality of care for targeted medicare-eligible veterans participating in the project. (F) Any effect of the project on the access to care of veterans who did not participate in the project and of targeted medicare-eligible veterans. (b) Report on Extension and Expansion of Demonstration Project.-- Not later than six months after the date of the submission of the final report under subsection (a), the Secretaries shall submit to the Congress a report containing their recommendation as to-- (1) whether to extend the demonstration project or make it permanent; (2) whether to expand the project to cover additional sites and areas and to increase the maximum amount of reimbursement under the project in any year; and (3) whether the terms and conditions of the project should be continued (or modified) if the project is extended or expanded. (c) Recommendation Concerning New Demonstration Project for Payment to Managed Health-Care Plans.--Not later than March 1, 1999, the Secretaries shall submit to the appropriate committees of the Congress a report on the feasibility and advisability of establishing a new demonstration project to reimburse the Secretary of Veterans Affairs under section 1876(a) of the Social Security Act for health care services furnished to targeted medicare-eligible veterans enrolled in managed health-care plans established by the Secretary. SEC. 5. DEFINITIONS. For the purpose of this Act: (1) Demonstration project; project.--The terms ``demonstration project'' and ``project'' mean the demonstration project carried out under section 2(a). (2) Geographic service area.--The term ``geographic service area'' means a field component of the Veterans Health Administration that-- (A) is based on a geographic area which encompasses a population of veteran beneficiaries and is defined on the basis of natural patient referral patterns; and (B) provides health care through strategic alliances among Department of Veterans Affairs medical centers, clinics, and other sites. (3) Medicare program.--The term ``medicare program'' means the programs of health benefits provided under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary; secretaries.--Unless otherwise provided, the term ``Secretary'' means the Secretary of Veterans Affairs and the term ``Secretaries'' means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. (5) Targeted medicare-eligible veteran.--The term ``targeted medicare-eligible veteran'' means an individual-- (A) who is a veteran (as defined in section 101(2) of title 38, United States Code) described in section 1710(a)(3) of title 38, United States Code; (B) who is entitled to hospital insurance benefits under part A of the medicare program and enrolled in the supplementary medical insurance program under part B of the medicare program; and (C) whose annual income is an amount between the applicable income threshold under section 1722(b) of title 38, United States Code, and the amount equal to three times the amount of such applicable income threshold.

Summary: Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers. Provides for the waiver of certain Medicare requirements in order to carry out the project. Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation. Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law. Requires project participation to be voluntary. Directs the VA Secretary to establish requirements for participating veterans. Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities. Directs the Secretary to prescribe minimum health care benefits to be provided under such plans. Allows the Secretary to establish a managed health care plan only after: (1) reporting to the Congress a plan for the use of such centers and facilities; and (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements. Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services. Excludes certain amounts from such computation. Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997. Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project. Requires annual reports by the Comptroller General. Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers. Requires: (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion.