SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Spectrum Incentive Act of 2013''. SEC. 2. FEDERAL SPECTRUM INCENTIVES. (a) Notice to Commission.-- (1) In general.--Section 113(g)(4) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)) is amended-- (A) by striking the heading and inserting ``Notice to commission.--''; (B) in the second sentence of subparagraph (A), by striking ``shall notify the Commission'' and all that follows and inserting the following: ``shall notify the Commission-- ``(i) of estimated relocation or sharing costs and timelines for such relocation or sharing; or ``(ii) that, instead of relocation or sharing costs under this subsection and section 118, a Federal entity will receive payment under section 120 because such entity is-- ``(I) discontinuing the operations that the Federal entity conducts on such eligible frequencies without relocating such operations to other frequencies; or ``(II) relocating such operations to frequencies assigned to another Federal entity in order for such entities to share such frequencies.''; and (C) by adding at the end the following: ``(D) This subsection and section 118 shall not apply with respect to the discontinuance of operations on eligible frequencies or the relocation of such operations by a Federal entity after the Commission receives notice under subparagraph (A)(ii) with respect to such discontinuance or relocation.''. (2) Conforming amendments.--Section 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended-- (A) in paragraph (3)(A)(iii)(I), by striking ``paragraph (4)(A)'' and inserting ``paragraph (4)(A)(i)''; (B) in paragraph (4)-- (i) in subparagraph (B), by striking ``subparagraph (A)'' and inserting ``subparagraph (A)(i)''; and (ii) in subparagraph (C), by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraphs (A)(i) and (B)''; and (C) in paragraph (5), by striking ``paragraph (4)(A)'' and inserting ``paragraph (4)(A)(i)''. (b) Transition Plans.--Section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) is amended-- (1) in the heading, by striking ``Relocation or Sharing''; (2) by amending paragraph (1) to read as follows: ``(1) Development of transition plan by federal entity.-- ``(A) In general.--Not later than 240 days before the commencement of any auction of eligible frequencies described in subsection (g)(2), a Federal entity authorized to use any such frequency shall submit to the NTIA and to the Technical Panel established by paragraph (3) a transition plan in which the Federal entity-- ``(i) declares the intention of such entity-- ``(I) to share such eligible frequencies with a non-Federal user or to relocate to other frequencies, and to receive relocation or sharing costs from the Spectrum Relocation Fund established by section 118; or ``(II) to discontinue the operations that the Federal entity conducts on such eligible frequencies without relocating such operations to other frequencies or to relocate such operations to frequencies assigned to another Federal entity in order for such entities to share such frequencies, and to receive payment from the Federal Spectrum Incentive Fund established by section 120; and ``(ii) describes how the entity will implement the relocation, sharing, or discontinuance arrangement. ``(B) Common format.--The NTIA shall specify, after public input, a common format for all Federal entities to follow in preparing transition plans under this paragraph.''; (3) in paragraph (2)-- (A) in subparagraph (D), by inserting ``, to discontinue such use,'' after ``from such frequencies''; (B) in subparagraph (F), by inserting ``, discontinuance,'' after ``relocation''; and (C) in subparagraph (G), by striking ``The plans'' and inserting ``To the extent applicable given the intention declared by the entity under paragraph (1)(A)(i), the plans''; (4) in paragraph (4)(A), by inserting ``(if applicable)'' after ``timelines and''; (5) in paragraph (6)-- (A) by inserting ``(if applicable)'' after ``costs''; and (B) by inserting ``, discontinuance,'' after ``relocation'' the second place it appears; and (6) in paragraph (7)(A)(ii), by inserting ``, discontinuance,'' after ``relocation''. (c) Relocation or Discontinuance Prioritized Over Sharing.--Section 113(j) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(j)) is amended-- (1) in the heading, by inserting ``or Discontinuance'' after ``Relocation''; and (2) by inserting ``or discontinuance of the operations that the Federal entity conducts on the band'' after ``from the band'' each place it appears. (d) Deposit of Auction Proceeds.--Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended-- (1) in subparagraph (C)(i), by striking ``(D)(ii)'' and inserting ``(D)(ii), (D)(iii)''; and (2) in subparagraph (D)-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following: ``(iii) Federal spectrum incentives.-- Notwithstanding subparagraph (A) and except as provided in subparagraph (B) and clause (ii) of this subparagraph, in the case of proceeds (including deposits and upfront payments from successful bidders) attributable to the auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act with respect to which the Commission has received notice under section 113(g)(4)(A)(ii) of such Act, 1 percent of such proceeds shall be deposited in the Federal Spectrum Incentive Fund established by section 120 of such Act and shall be available in accordance with such section. The remainder of such proceeds shall be deposited in the general fund of the Treasury, where such proceeds shall be dedicated for the sole purpose of deficit reduction.''. (e) Federal Spectrum Incentive Fund.--Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following: ``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND. ``(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the Federal Spectrum Incentive Fund (in this section referred to as the `Fund'), which shall be administered by the Office of Management and Budget (in this section referred to as `OMB'), in consultation with the NTIA. ``(b) Transfer of Funds.--The Director of OMB shall transfer from the Fund to a Federal entity an amount equal to the amount deposited in accordance with section 309(j)(8)(D)(iii) of the Communications Act of 1934 that is attributable to the auction of eligible frequencies described in section 113(g)(2) of this Act being vacated by such entity. Such amount shall be available to the Federal entity in accordance with subsection (c) and shall remain available until expended. ``(c) Use of Funds.--A Federal entity may use an amount transferred under subsection (b) for the following purposes: ``(1) Offset of sequestration.--Any purposes permitted under the terms and conditions of an appropriations account of the Federal entity that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985. The amount used for such purposes under this paragraph may not exceed the amount by which the amount available to such entity under such account was reduced by sequestration for such fiscal year. ``(2) Transfer to incumbent federal entity.--In the case of a Federal entity that is relocating operations to frequencies assigned to an incumbent Federal entity in order for such entities to share such frequencies, to transfer an amount to the incumbent Federal entity for any purposes permitted under this subsection (except this paragraph). The transferred amount shall remain available to the incumbent Federal entity until expended. ``(d) Prohibition on Duplicative Payments.--If the Commission receives notice under section 113(g)(4)(A)(ii) of a discontinuance of operations on or relocation from eligible frequencies by a Federal entity that has received, from the Spectrum Relocation Fund in accordance with section 118(d)(3), relocation or sharing costs related to pre-auction estimates or research with respect to such frequencies, the Director of OMB shall deduct from the amount to be transferred to such entity under subsection (b) an amount equal to such costs and shall transfer such amount to the Spectrum Relocation Fund.''. (f) Department of Defense Spectrum.--Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65) does not apply to frequencies with respect to which the Commission has received notice under section 113(g)(4)(A)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)(A)(ii)). SEC. 3. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM SHARING. (a) Description of Eligible Federal Entities.--Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended-- (1) by striking ``authorized to use a band of eligible frequencies described in paragraph (2)''; (2) by striking ``spectrum frequencies'' the first place it appears and inserting ``eligible frequencies described in paragraph (2)''; and (3) by striking ``spectrum frequencies'' the second place it appears and inserting ``eligible frequencies described in such paragraph''. (b) Definition of Relocation or Sharing Costs.--Section 113(g)(3)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended-- (1) in clause (iv)(II), by striking ``and'' at the end; (2) in clause (v), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(vi) the costs incurred by an incumbent Federal entity to accommodate sharing the spectrum frequencies assigned to such entity with a Federal entity the operations of which are being relocated from eligible frequencies described in paragraph (2), unless the Commission receives notice under paragraph (4)(A)(ii)(II) with respect to the relocation of such operations.''. (c) Spectrum Relocation Fund.--Section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended-- (1) in subsection (c), by striking ``with respect to'' and all that follows and inserting the following: ``with respect to-- ``(1) relocation from or sharing of such eligible frequencies; or ``(2) in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), accommodating sharing the spectrum frequencies assigned to such entity with a Federal entity the operations of which are being relocated from such eligible frequencies.''; and (2) in subsection (d)-- (A) in paragraph (2)(A), by inserting ``(or, in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), the eligible Federal entity the operations of which are being relocated has submitted such a plan)'' after ``transition plan''; and (B) in paragraph (3)(B)(ii), by inserting ``except in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi),'' before ``the transition plan''.

Summary: . Federal Spectrum Incentive Act of 2013 - Amends the National Telecommunications and Information Administration Organization Act to allow federal entities that utilize government station licenses to participate in the incentive auction program under which licensees of electromagnetic spectrum voluntarily relinquish their spectrum rights in order for such spectrum to be auctioned for a repurposed commercial use in exchange for a percentage of the auction proceeds. Permits such federal entities, instead of being reimbursed for the costs of sharing frequencies with nonfederal users or relocating to other frequencies as provided for under current law, to receive a percentage of the proceeds from spectrum it relinquishes for auction by electing to: (1) discontinue operations on eligible frequencies without relocating to other frequencies, or (2) relocate operations to frequencies assigned to another federal entity in order for such entities to share frequencies. Establishes in the U.S. Treasury a Federal Spectrum Incentive Fund to be administered by the Office of Management and Budget (OMB) in consultation with the National Telecommunications and Information Administration (NTIA). Requires 1% of the proceeds from such auctions to be deposited in such Fund and the remainder to be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. Directs OMB to transfer from the Fund to a federal entity a specified amount attributable to the auction of frequencies vacated by such entity. Permits federal entities to use such amounts for: (1) any purposes permitted under the terms and conditions of an appropriations account that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985, provided that the amount used does not exceed the amount by which the account was reduced by sequestration for such fiscal year; or (2) a transfer of amounts to an incumbent federal entity for such purposes when the federal entity relinquishing spectrum relocates its operations to frequencies assigned to another federal entity in order to share frequencies.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Quality Assurance Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) In the construction industry, specialty subcontractors now perform the majority of construction work, in certain cases 100 percent of the work, under the management of a prime contractor, making the subcontractors' price and performance the key determinant in the overall cost of construction projects, including those performed for the Federal Government. (2) Detrimental practices known as ``bid shopping'' and ``bid peddling'' exist in the construction industry, including construction projects for the Federal Government. (3) ``Bid shopping'' occurs when a contractor, after award of a contract, contracts with subcontractors at a price less than the quoted price of the subcontractor upon which the contractor's fixed bid price was based, in order to increase the contractor's profit on the project without any benefit to the entity for which the contract is being performed. (4) ``Bid peddling'' occurs when a subcontractor that is not selected for inclusion in a contractor's team seeks to induce the contractor, after award of the contract, to substitute the subcontractor for another subcontractor whose bid price was reflected in the successful bid of the contractor by offering to reduce its price for performance of the specified work, suggesting that the previous offer of the subcontractor was padded or incorrect. (5) Bid shopping and bid peddling-- (A) threaten the integrity of the competitive bid system for construction that benefits the Federal Government, the construction industry, and the economy of the United States as a whole; (B) compromise national security by promoting uncertainty about which contractors actually perform work on critical infrastructure projects; (C) deprive taxpayers of the benefits of full and open competition among prospective contractors and subcontractors for the performance of Federal construction projects; (D) expose Federal construction projects to the dangers of substandard performance, substitution of lower quality materials, and other detrimental cost- cutting practices by an unscrupulous substituted subcontractor; and (E) can be effectively deterred in Federal construction by modifying the Federal Acquisition Regulation to require bid listing, which is the practice of requiring each offeror for a Federal construction contract to list the subcontractors whose performance is reflected in the bid price, procedures for the substitution of listed subcontractors for good cause, and other deterrents to abuse. SEC. 3. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means any contract with the Federal Government, exceeding $1,000,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States. (2) Contractor.--The term ``contractor'' means an individual or entity that has been awarded or is seeking to be awarded a construction contract by the Federal Government. (3) Subcontractor.--The term ``subcontractor'' means an individual or entity that subcontracts with a contractor in an amount in excess of $100,000 for work on a contract. SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS ON CONSTRUCTION PROJECTS. (a) Requirement To List Subcontractors.-- (1) In general.--Each solicitation by an executive agency for the procurement of construction in an amount in excess of $1,000,000 shall require each bidder to submit as part of its bid the name, location of the place of business, and nature of the work of each subcontractor with whom the bidder, if awarded the contract, will subcontract for work in an amount in excess of $100,000 on the contract. (2) Requirements for specific categories.-- (A) Except as provided in subparagraphs (B) and (C), the bidder shall list only one subcontractor for each category of work as defined by the bidder in its bid or proposal. (B) A bidder may list multiple subcontractors for a category of work if each such subcontractor is listed to perform a discrete portion of the work within a category. (C) A bidder may list itself for any portion of work under the contract, which shall be deemed a representation by the bidder that it is fully qualified to perform that portion of the work itself and that the bidder will perform that portion itself. (3) Result of failure to list subcontractors.--An executive agency shall consider any bidder that fails to list subcontractors in accordance with this Act and the regulations promulgated pursuant to section 7 of this Act to be non- responsive and bids by such bidders shall not be considered. (b) Procedures for Substitution of a Listed Subcontractor.-- (1) Consent and good cause required.--No contractor shall substitute a subcontractor in place of the subcontractor listed in the original bid or proposal, except with the consent of the contracting officer for good cause. (2) Examples of good cause.--Good cause under paragraph (1) shall include the following: (A) Failure of the subcontractor to execute a written contract after a reasonable period if such written contract, based upon the terms, conditions, plans, and specifications of the contract and the terms of the subcontractor's bid or proposal, is presented to the subcontractor by the contractor. (B) Bankruptcy of the subcontractor. (C) The death or physical disability of the subcontractor, if the subcontractor is an individual. (D) Dissolution of the subcontractor, if the subcontractor is a corporation or partnership. (E) Failure of a subcontractor to meet the surety bond requirements specified by the bidder as a condition of the subcontractor to perform on the contract, if awarded to the bidder. (F) The subcontractor is ineligible to perform on the subcontract because the subcontractor is suspended, debarred, or otherwise ineligible to perform. (G) A series of failures by the subcontractor to perform in accordance with the specification, terms, and conditions of its subcontract resulting in the withholding of amounts requested by the subcontractor in accordance with section 3905 of title 31, United States Code, and the regulations implementing such section. (H) Failure of the subcontractor to comply with a requirement of law applicable to the subcontractor. (I) Failure or refusal of the subcontractor to perform the subcontract. (3) Requests for substitution.--A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the contracting officer and shall include the reasons for the request. The contractor shall provide a copy of its request for substitution to the listed subcontractor by any means that provides written third-party verification of delivery to the last known address of the subcontractor. A subcontractor who has been so notified shall have five working days within which to submit written objections to the substitution to the contracting officer. Failure to file such written objections shall constitute the consent of the listed subcontractor to the substitution. (c) Limitation on Assignment, Transfer, or Substitution.-- (1) Limitation on assignment or transfer.--No contractor shall permit any subcontract to be voluntarily assigned or transferred or to be performed by any entity other than the subcontractor listed in the bid or proposal without the consent of the contracting officer. Consent of the contracting officer to a contractor for a substitution shall-- (A) be promptly made in writing; and (B) be included in the contract file. (2) Limitation on substitution.--No contractor that listed itself for a portion of the work under the contract shall subcontract any portion of the work for which it listed itself, unless authorized by the contracting officer to substitute one or more subcontractors to perform such work. SEC. 5. PENALTIES. (a) In General.-- (1) A contractor shall be subject to penalties if, without obtaining the approval of the contracting officer, the contractor-- (A) replaces a listed subcontractor for a contract with an executive agency; or (B) awards a subcontract to a subcontractor to perform work which the contractor had identified as work to be performed directly by the contractor. (2) A subcontractor shall also be subject to penalties if the subcontractor is determined to have knowingly participated in the failure of the contractor to comply with the regulatory provisions relating to the substitution of a listed subcontractor. (b) Amount of Penalties To Be Imposed.--The amount of penalties imposed under this section shall be equal to the greater of-- (1) 10 percent of the amount of the bid by the listed subcontractor; (2) the difference between the amount of the bid by the listed subcontractor and the amount of the bid by the substituted subcontractor; or (3) the difference between the amount of the bid by a substituted subcontractor and the dollar value specified by the contractor for the work which the contractor had listed for its own performance. (c) Source of Funds for Penalties.--Penalties assessed pursuant to this section shall be deducted from the remaining unpaid contract balance and deposited into the fund from which the contract was awarded. SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT. The imposition of penalties on a contractor or subcontractor for failure to comply with the procedures for the substitution of subcontractors on 2 contracts within a 3-year period shall be deemed to be adequate evidence of the commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor within the meaning of part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension, and Eligibility) (48 CFR 9.4). SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION. (a) Proposed Revisions.--Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the provisions in this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not less than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of publication.

Summary: Construction Quality Assurance Act of 2009 - Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit the name, business location, and nature of work of each subcontractor with whom such bidder will subcontract for work in excess of $100,000. Deems to be non-responsive, and prohibits consideration of, any bidder that fails to list such subcontractors. Prohibits a contractor from substituting another subcontractor for a listed subcontractor, permitting any subcontract to be voluntarily assigned or transferred, or subcontracting work for which the contractor listed itself, without the contracting officer's consent. Sets forth: (1) examples of good cause and procedures required for substitution requests; and (2) penalties for violations of such prohibitions, including suspension or debarment from federal contracts for multiple violations. Requires revisions to the Federal Acquisition Regulation to implement this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Species Community Advisory Board Act of 1995''. SEC. 2. AUTHORITY TO ESTABLISH COMMUNITY ADVISORY BOARDS UNDER ENDANGERED SPECIES ACT OF 1973. The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended by adding at the end the following new section: ``community advisory boards ``Sec. 19. (a) Establishment.--(1) The Secretary shall establish an Endangered Species Community Advisory Board (in this section referred to as a `community advisory board') in connection with the designation of an area under this Act as critical habitat or as a National Wildlife Refuge. ``(2) Each community advisory board-- ``(A) shall be comprised of 12 members appointed by the Secretary from among individuals recommended by the Governor of the State in which is located the area for which the advisory board is established; and ``(B) shall have as its chairperson a member of the advisory board who is an elected official of a local government in that area and who is designated as chairperson by the Secretary. ``(3) The term of a member of a community advisory board shall be 4 years, except that of the members first appointed-- ``(A) 3 shall be appointed for an initial term of 1 year; ``(B) 3 shall be appointed for an initial term of 2 years; and ``(C) 3 shall be appointed for an initial term of 3 years; as specified by the Secretary at the time of appointment. ``(4) Individuals who are Federal employees may not comprise a majority of the total number of members of a community advisory board. ``(5) The Secretary shall prescribe regulations regarding the establishment, characteristics, composition, and funding of community advisory boards. However, the issuance of regulations shall not be a precondition to the establishment of a community advisory board or affect the existence or operation of a community advisory board established before the effective date of this section. ``(6) The Secretary may provide for the payment of routine administrative expenses of a community advisory board established for an area from funds available for activities relating to study of the area to determine whether to designate the area as critical habitat or as a National Wildlife Refuge. ``(b) Assistance for Citizen Participation.--(1) Subject to the availability of appropriations, the Secretary shall make available funds to facilitate the participation of individuals from the private sector on community advisory boards for the purpose of ensuring public input into the designation of areas as critical habitat or National Wildlife Refuges. ``(2) The private individuals who are members of a community advisory board are eligible for funding assistance under this subsection only if they reside in the vicinity of the area for which the community advisory board is established. For accounting and financial management purposes, such funds shall be paid to and administered by the community advisory board on which the private individuals are members, subject to paragraph (3). ``(3) Individuals who are local community members of a community advisory board may use funds made available under this paragraph only-- ``(A) to obtain technical assistance of experts in interpreting scientific data, material, and issues regarding protection of endangered species; and ``(B) to educate the local community in understanding such data, material, and issues. ``(c) Consultation by Secretary.--If a community advisory board is established for an area, the Secretary, before designating any of the area under this Act as critical habitat or as a National Wildlife Refuge, shall-- ``(1) consult with and seek the advice and recommendations of the board regarding-- ``(A) identifying the needs and concerns of the affected local community and individual landowners; ``(B) monitoring scientific studies and surveys used to determine the need for designation of the area as critical habitat or a National Wildlife Refuge, before that designation; and ``(C) addressing land use strategies and management; and ``(2) publish recommendations received from the board within 180 days after the date the Secretary initiates consultation under paragraph (1). ``(d) Monitoring and Reporting by Community Advisory Boards.--Each community advisory board shall, with respect to critical habitat or a National Wildlife Refuge for which it was established-- ``(1) monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which that critical habitat or Refuge was designated; and ``(2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of that designation. ``(e) State Defined.--Notwithstanding section 3(17), in this section the term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.''.

Summary: Endangered Species Community Advisory Board Act of 1995 - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior to establish an Endangered Species Community Advisory Board in connection with the designation of an area under the Act as critical habitat or as a National Wildlife Refuge. Allows the Secretary, subject to the availability of appropriations, to make funds available to facilitate the participation of individuals from the private sector on such Boards to ensure public input into the designation of such areas or Refuges. Requires the Board to: (1) monitor and periodically report to the Secretary on progress made in the conservation and recovery of species for which the critical habitat or Refuge was designated; and (2) periodically review and report to the Secretary regarding the continued accuracy and sufficiency of the scientific findings that were the basis of such designation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom to Mourn in Peace Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The greatness of America is measured in many ways but nowhere is it better reflected than in the costs paid by the men and women who voluntarily assumed the risk of defending the freedoms guaranteed by the Constitution and who, without reluctance or mental reservation, made the supreme sacrifice for their country. (2) It is altogether fitting and proper for the friends and families of those fallen in battle to be able to mourn their loss in peace and take comfort and pride in the consolation that comes from the certain knowledge that they laid so costly a sacrifice on the altar of freedom. (3) That to secure this temporary but hallowed moment of peace, reflection, and healing, it is appropriate to place reasonable restrictions on those individuals and groups who seek to use the occasion of a funeral, burial, or memorial service of a veteran to stage a public demonstration intended to turn a private gathering of private persons into a public spectacle for the unconscionable purpose of attracting public attention and gratuitously inflicting unnecessary emotional pain on the deceased veteran's families and friends. (4) Funerals, memorial services, and bereavement ceremonies are special events warranting special respect for the deceased and due regard for the emotional well-being of the bereaved whose memories of the final moments before their loved one is laid to rest may be permanently stained were the occasion allowed to be exploited by others for the purpose of attracting public attention by the intentional infliction of emotional distress on the loved ones of the deceased. (5) The First Amendment that veterans risked their lives to defend and preserve is broad and strong enough to protect vigorous and robust public debate on public issues and generous enough to accommodate the natural desire and need of relatives and loved ones to be free to mourn their loss in peace. SEC. 3. PROHIBITION ON DEMONSTRATIONS WHERE FUNERALS, MEMORIAL SERVICES, AND CEREMONIES FOR VETERANS ARE HELD. (a) In General.--Section 2413 of title 38, United States Code, is amended to read as follows: ``Sec. 2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held ``(a) Prohibition.--No person may carry out-- ``(1) a demonstration on the property where a funeral for a veteran is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held; or ``(2) with respect to such a cemetery or other property on which a funeral is held, a demonstration during the period beginning 60 minutes before and ending 60 minutes after such funeral, any part of which demonstration-- ``(A)(i) takes place within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery or other property; and ``(ii) includes, as part of such demonstration, any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral; or ``(B) is within 1,000 feet of such cemetery or other property and impedes the access to or egress from such cemetery or other property, if there is visible, at each place that is at the applicable distance specified in this sentence from such cemetery or other property, a sign which clearly and conspicuously states that a funeral will be held on such cemetery or other property and so states the time interval during which the funeral will be held. ``(b) Definitions.--For purposes of this section: ``(1) The term `demonstration' includes the following: ``(A) Any picketing or similar conduct. ``(B) Any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral. ``(C) The display of any placard, banner, flag, or similar device, unless such a display is part of a funeral. ``(D) The distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral. ``(2) The term `funeral' includes a memorial service or any other bereavement ceremony honoring a veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 2413 and inserting the following new item: ``2413. Prohibition on demonstrations where a funeral, memorial service, or other bereavement ceremony for a veteran is held.''.

Summary: Freedom to Mourn in Peace Act of 2011 - Expands the prohibition on demonstrations at certain funerals, memorial services, or bereavement ceremonies for a deceased veteran to any property where such a service is held unless the demonstration has been approved by the cemetery superintendent or the owner of the property on which the funeral is held. (Current law only prohibits such demonstrations on property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery.) Extends to 1,000 feet the distance within which certain demonstrations that impede access to or egress from such a cemetery or property are prohibited during the period beginning 60 minutes before and ending 60 minutes after such a service, provided that there is a visible sign at applicable distances stating the time interval during which a service will be held.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Sex Offender Registration Tips Program Act of 2009'' or the ``SORT Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Parents for Megan's Law, Inc., a nonprofit corporation described in section 501(c)(3) of the Internal Revenue Code of 1986 and headquartered in New York, has since 1998 educated and supported the community, law enforcement, criminal justice, and government agencies on issues related to sex offender registration, notification, responsible use of information, sexual abuse and abduction prevention, Internet Safety, and crime victim support. (2) Parents for Megan's Law, Inc., established and operates the National Megan's Law Helpline, a free confidential telephone helpline that provides information, support, and criminal justice referrals, nationally and internationally, on sex offender management issues. Parents for Megan's Law, Inc. is a certified rape crisis center and provides support and assistance to child and adult victims of sexual abuse and all victims of violent crime. Research suggests that sexual assault victims who receive counseling support are more likely to report their attack to the police and participate in the prosecution of the offender. (3) The National Megan's Law Helpline has generated over 70,000 requests for assistance, information, or follow-up contacts on sex offender management, crime victim support, and prevention education issues. Helpline requests utilize the Helpline's resources and often entail coordination with outside resources, follow-up calls, or actual referrals to any or all of the following: law enforcement and other criminal justice agencies, state and local crime victims assistance agencies and organizations, social service and human service providers, and other service provider organizations. (4) The Internet website of Parents for Megan's Law, Inc., serves as a clearinghouse and national resource for information related to sex offender registration, notification, sexual abuse and abduction prevention, and crime victims' support and referrals. Such Internet website is also utilized by the public to anonymously report Internet child pornography and child sex tourism and as a resource for Internet Safety education. Reports are forwarded to local law enforcement for appropriate follow-up. (5)(A) With limited resources, the National Megan's Law Helpline has provided the public with a resource for confidentially reporting registered sex offenders failing to comply with registration requirements, supervision, or employment restrictions or who are in positions of trust where potential child victims can be accessed. Confidential tips are triaged, crime victim support is provided, and referrals are made to the appropriate criminal justice agency for follow-up action. (B) In fact, because of anonymous tips to the Helpline, actions have been taken to mitigate potentially dangerous situations, including-- (i) sending a registered sex offender back to prison after he was identified as residing in a registered child day care center where he could access potential child victims; (ii) preventing a convicted former middle school teacher required to register as a sex offender and give up his teacher's license, from gaining employment as an in home children's tutor for a reputable tutoring company where he could gain unsupervised access to potential child victims; (iii) having a registered sex offender who targeted a child, and subsequently was barred from using the Internet to develop online relationships, removed from an Internet Dating service where he attempted to develop a relationship with whom he believed was a single woman with children; (iv) sending a registered sex offender, who was on parole for a weapons charge and restricted from entering school grounds, back to prison for entering school grounds and drug possession; (v) identifying and reporting a registered sex offender, convicted of sexually victimizing a 4-year- old boy while baby-sitting, who had absconded and failed to register; and (vi) identifying, locating and reporting registered sex offenders in violation of conditions of probation, parole, local employment or other restriction laws. (6) A national Sex Offender Registration Compliance survey conducted by Parents for Megan's Law, Inc., in 2003, indicated that, 24 percent of (or over 100,000) registered sex offenders were not complying with sex offender registration laws. Sex offender registry information provides parents and community members an opportunity to protect themselves, their children, and their communities from sexual victimization, but that information, in order to be of value, requires labor intensive follow-up intervention and proactive maintenance to be kept current. (7) Access to the National Criminal Information databases is necessary for Parents for Megan's Law, Inc., to effectively evaluate the veracity of tips received, proactively research noncompliant registrants or registrants engaged in criminal activities and provide law enforcement with viable accurate information for follow-up action. (8) The Sex Offender Registration Tips (SORT) Program will reduce sexual victimization and increase sex offender registration compliance through community tips and proactive maintenance. (9) Authorizing federal funds for the SORT Program will reduce criminal sexual victimization by-- (A) supporting crime victims seeking assistance; (B) supporting sex offender registration, notification, and sexual abuse and abduction prevention education and Internet Safety inquiries; and (C) providing the public two interactive confidential resources, the Helpline and Internet website, for the public to provide information-- (i) about registered sex offenders who are believed to be out of compliance with registration requirements, supervision, or employment restrictions and who are in positions of trust where potential child victims can be accessed; or (ii) concerning sex offender activities that indicate a heightened risk of re- offending. (10)(A) The SORT program will serve as a powerful national tool supporting communities and crime victims while assisting and advancing the mission of Federal, state, and local law enforcement in combating sexual victimization. (B) The SORT program and the National Megan's Law Helpline is unique in the following ways: (i) It provides up to date sexual abuse prevention information, deters vigilantism, and reinforces responsible use of information. (ii) It provides victims who come forth with needed information with an infrastructure of advocacy, enforcement, and therapeutic support. (iii) It maximizes law enforcement's already strained resources by screening anonymous tips promptly and effectively through the use of trained investigators with access to public, private and law enforcement databases. SEC. 3. GRANTS FOR IMPLEMENTATION OF SEX OFFENDER REGISTRATION TIPS PROGRAM. (a) In General.--Subject to the availability of the funds authorized to be appropriated under subsection (d), the Attorney General shall provide grants and access to information and resources to the not-for-profit community and victim's rights organization, Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program described in subsection (b). (b) Sex Offender Registration Tips Program Described.--For purposes of subsection (a), the Sex Offender Registration Tips Program is a program to reduce sexual victimization and support victims of violent crime by-- (1) providing up-to-date and accurate sex offender registry information to Federal, State, and local law enforcement entities through the National Megan's Law Helpline staffed by Parents for Megan's Law, Inc., and the Internet website of such organization; (2) enabling the analysis and coordination of community tips relating to sex offenders who fail to register in the sex offender registry maintained by the jurisdiction involved or who engage in activities in violation of conditions of their probation or parole or other criminal activities; (3) using existing Internet sex offender registries, public information, and the National Criminal Information databases to compare and contrast information and proactively identify high- risk registrants who are out of compliance, in violation of conditions of supervision, and identify the location of wanted registrants in order to ascertain the need for follow-up action by law enforcement; (4) providing crime victims support, information, and referrals; and (5) supporting community members with up-to-date sex offender registration, notification, and sexual abuse and abduction prevention and Internet Safety information. (c) Access.--Notwithstanding any other provision of law, the Attorney General shall ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, to the extent that such access is only for purposes within the scope of the organization's duties and responsibilities to assist or support law enforcement agencies in administration of criminal justice functions. (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 for grants under subsection (a) for each of the fiscal years 2010 through 2014.

Summary: Sex Offender Registration Tips Program Act of 2009 or the SORT Act of 2009 - Directs the Attorney General to: (1) provide grants and access to information and resources to Parents for Megan's Law, Inc., to implement the Sex Offender Registration Tips Program; and (2) ensure access by Parents for Megan's Law, Inc., to the National Crime Information Center databases operated by the Federal Bureau of Investigation (FBI).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act''. SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT FOR CERTAIN YOUTH EMPLOYEES. (a) Expansion of Credit for Summer Youth.-- (1) Credit allowed for year-round employment.--Section 51(d)(7)(A) of the Internal Revenue Code of 1986 is amended-- (A) by striking clauses (i) and (iii) and redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively; (B) in clause (i) (as so redesignated), by striking ``(or if later, on May 1 of the calendar year involved),'' and inserting ``, and''; and (C) by adding at the end the following new clause: ``(iii) who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which such individual is regularly attending any secondary school.''. (2) Increase in credit amount.--Section 51(d)(7) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (3) Conforming amendments.-- (A) Subparagraph (F) of section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``summer''. (B) Paragraph (7) of section 51(d) of such Code is amended-- (i) by striking ``summer'' each place it appears in subparagraphs (A); (ii) in subparagraph (B), as redesignated by paragraph (2), by striking ``subparagraph (A)(iv)'' and inserting ``subparagraph (A)(ii)''; and (iii) by striking ``summer'' in the heading thereof. (b) Credit for At-Risk Youth.-- (1) In general.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'' , and by adding at the end the following new subparagraph: ``(K) an at-risk youth.''. (2) At-risk youth.--Paragraph (14) of section 51(d) of such Code is amended to read as follows: ``(14) At-risk youth.--The term `at-risk youth' means any individual who is certified by the designated local agency-- ``(A) as-- ``(i) having attained age 16 but not age 25 on the hiring date, ``(ii) as not regularly attending any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, ``(iii) as not regularly employed during such 6-month period, and ``(iv) as not readily employable by reason of lacking a sufficient number of basic skills, or ``(B) as-- ``(i) having attained age 16 but not age 21 on the hiring date, and ``(ii) an eligible foster child (as defined in section 152(f)(1)(C)) who was in foster care during the 12-month period ending on the hiring date.''. (c) 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. SEC. 3. EXTENSION OF EMPOWERMENT ZONES. (a) In General.--Section 1391(d)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2016'' and inserting ``December 31, 2019''. (b) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide.

Summary: Helping to Encourage Real Opportunities (HERO) for At-Risk Youth Act This bill amends the Internal Revenue Code, with respect to the work opportunity tax credit, to: change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the individual is regularly attending any secondary school, increase the amount of the credit for youth employees, and expand the credit to include at-risk youth. An "at-risk youth" is any individual who is certified by the designated local agency as: having attained age 16 but not age 25 on the hiring date, having not regularly attended specified schools or been employed during the six-month period preceding the hiring date, and not readily employable by reason of lacking a sufficient number of basic skills. The term also includes individuals who have been certified as having attained the age of 16 but not age 21 on the hiring date and as an eligible foster child who was in foster care during the 12-month period ending on the hiring date. The bill also extends until December 31, 2019, the designation period for certain tax-favored empowerment zones.


67 with respect to deficit reduction are amended to reflect the total reductions provided in section 2(b). (b) Defense Discretionary.--The assumptions included in the conference report on House Concurrent Resolution 67 with respect to reductions in defense discretionary spending shall be assumed to include the following: (1) Limit defense spending in fiscal year 1996 to $244,000,000,000, in fiscal year 1997 to $241,000,000,000, in fiscal year 1998 to $248,000,000,000, in fiscal year 1999 to $254,000,000,000, and in fiscal year 2000 to $261,000,000,000. (2) Terminate production of Trident D5 submarine launched ballistic missiles after 1996. (3) Phase out over five years the equivalent of two Army light divisions. (4) Deny unemployment compensation to service members who voluntarily leave the service. (5) Close the Uniformed Services University of the Health Sciences, with the last class admitted in 1995 and all activities halted on that class' graduation in 1999. (6) Rather than replacing or revitalizing existing Department of Defense Housing Stock, increase reliance on private-sector housing for military families by making service personnel eligible for a cash housing allowance regardless of whether they live in Department of Defense or private-sector units and charging market-driven rent for Department of Defense housing. (7) Reduce the Intelligence budget by $300 million in each of fiscal years 1996, 1997, 1998, 1999, and 2000. (8) Encourage private ownership of industrial assets used in defense production by granting the General Services Administration clear authority to negotiate sale of equipment to the holding contractor in situations in which continued Department of Defense ownership is not necessary, and by requiring contractors in the future to rent or lease such equipment from the Department of Defense if they demonstrate it is in the Department of Defense's interest to provide the equipment. (9) Increase burdensharing by the Republic of Korea by requiring it to increase its contribution to include all payments of Korean won-based labor costs of local employees working for the United States military and support services contracts. (10) Procure the most cost-effective mix of C-17's and commercial airlifters. (11) Cancel the Army's Tank Upgrade Program and lay-away production facilities, deactivating but preserving the Government-owned tank manufacturing facilities. (12) While retaining the number of nuclear warheads permitted by the Strategic Arms Reduction Treaty II (START II), reduce the strategic delivery system structure to 300 Minuteman III ICBM's, 10 Trident submarines each carrying 24 missiles with 7 warheads; 66 B-52H bombers, each carrying 16 warheads; and 20 B-2 bombers, each carrying 16 warheads. (13) Repeal the Civilian Marksmanship Program. (14) Terminate all funding for the Selective Service System except to terminate the program. (15) Limit the mission of the Ballistic Missile Defense Organization to Theater Missile Defense and Terminate its other projects. (16) Terminate the National Aerospace Plane Program. (17) Scale back weapons production and maintenance activities at the Department of Energy to support an arsenal of 4,000 warheads. (c) Nondefense Discretionary.--The assumptions included in the conference report on House Concurrent Resolution 67 with respect to reductions in non-defense discretionary spending shall be assumed to include the following: (1) Terminate NASA's support for producers of commercial airlines. (2) Consolidate and downsize Overseas Broadcasting by capping funding to Radio Free Europe and Radio Liberty at the level of $75 million per year. (3) Terminate funding for the Puget Sound Naval Shipyard Recreational Facility and rescind all unobligated prior appropriations. (4) Terminate the International Space Station Program. (5) Terminate the High-Temperature Gas Reactor Program, also known as the Gas Turbine-Modular Helium Reactor. (6) Phase in over five years a reduction of 25 percent of fiscal year 1995 appropriations for research and development programs for fossil, nuclear, and fusion energy. (7) Allow private producers to build and operate co- generation facilities at Federal civilian installations, paying all construction costs and assuming all financial risks. (8) Reduce electrification and telephone credit subsidies to rural utilities services to levels calculated to result in electricity and telephone consumer costs equivalent to those for consumers in the service areas of unsubsidized electric and telephone companies. (9) Offer for sale the Naval Petroleum Reserve Number 1, located at Elk Hills, California. (10) Prohibit the sale of timber from national forests at a price insufficient to recover fully the Forest Service's associated costs for timber management, reforestation, construction, and maintenance of logging roads, payments to States, and other timber program costs. (11) Limit the level of Federal support for agricultural research and extension activities to 90 percent of the fiscal year 1995 level for fiscal years 1996 through 2000. (12) Terminate the Interstate Commerce Commission and transfer its motor carrier safety responsibilities to the Department of Transportation. (13) Terminate the U.S. Travel and Tourism Administration in 1997. (14) Terminate the Pennsylvania Avenue Development Corporation. (15) Align the method of computing cost-of-living adjustment of the compensation for members of Congress with compensation for civil servants. (16) Limit the number of days Senior Executive Service employees may accrue as annual leave to 30. (17) Permanently reduce the number of political appointees to 2,000. SEC. 4. DIRECT SPENDING REDUCTIONS. (a) Sales of Electric Power By the Power Marketing Administrations.--Notwithstanding any other law governing sales of electric power by the Alaska Power Marketing Administration, Bonneville Power Marketing Administration, Southern Power Marketing Administration, Southeastern Power Marketing Administration, or Western Area Power Marketing Administration (each of which is referred to in this subsection as the ``Administration'')-- (1) offers of sales of electric power by the Administration shall be made on a nonpreferential basis to public bodies and cooperatives and private persons; (2) sales of electric power by the Administration shall be made to the persons offering the highest price for the power; and (3) the Administration shall not be required to acquire for sale to any public body or cooperative or any other person any amount of electric power in excess of that generated by the projects from which the Administration sells power. (b) Spent Nuclear Waste Storage Fees.--Section 136(a)(3) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10156(a)(3)) is amended-- (1) by striking ``(3) Fees'' and inserting the following: ``(3) Fees.-- ``(A) In general.--Fees''; and (2) by adding at the end the following: ``(B) Adjustment for inflation.--On and after the date of enactment of this subparagraph, the amount of the storage fees established under subparagraph (A) shall be adjusted annually on October 1 to account for inflation since the date of enactment of this Act. ``(C) Deadline for payment.--The principal amount of all storage fees established under subparagraph (A) shall be paid by September 30, 1997, and all of the interest accrued or all storage fees shall be paid by September 30, 1998.''. (c) Expansion and Extension of Authority to Use Competitive Bidding.-- (1) Licenses and permits subject to competitive bidding.-- Subsection (j) of section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended-- (A) in paragraph (1), by striking out ``described in paragraph (2)''; and (B) by striking out paragraph (2). (2) Permanent authority.--Such subsection is further amended by striking out paragraph (11). (3) Conforming repeal of random selection authority.--Such section is further amended by striking out subsection (i). (d) Termination of Price Support and Production Adjustment Programs for Sugar Beets and Sugarcane.-- (1) Termination of price support program.-- (A) Price support levels for designated nonbasic agricultural commodities.--Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``and milk''. (B) Sugar price support.--Section 206 of the Act (7 U.S.C. 1446g) is repealed. (C) Benefits.--Section 401(e) of the Act (7 U.S.C. 1421(e)) is amended-- (i) in paragraph (1), by striking ``(1)''; and (ii) by striking paragraph (2). (D) Personal liability of producers for deficiencies.--Section 405 of the Act (7 U.S.C. 1425) is amended-- (i) in subsection (a), by striking ``(a)''; and (ii) by striking subsection (b). (E) Powers of commodity credit corporation.-- Section 5(a) of the Commodity Credit Corporation Charter Act (7 U.S.C. 714c(a)) is amended by inserting ``(except for sugar beets and sugarcane)'' after ``agricultural commodities''. (2) Termination of acreage allotments and marketing quotas.-- (A) Termination.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (B) Conforming Amendment.--Section 344(f)(2) of the Act (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (3) Conforming amendments regarding prevention of government accumulation of sugar.--Section 902 of the Food Security Act of 1985 (7 U.S.C. 1446g note) is amended-- (A) by striking subsection (a); and (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (4) Conforming amendment regarding section 32 activities.-- The second sentence of the first paragraph of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) is amended by inserting ``(other than sugar beets and sugarcane)'' after ``commodity'' the last place it appears. (5) Prohibition on subsequent provision of price support.-- (A) Prohibition.--After the effective date of this subsection, the Secretary of Agriculture may not make price support available, whether in the form of loans, payments, purchases, or other operations, for crops of sugar beets or sugarcane by using the funds of the Commodity Credit Corporation or under the authority of any law. (B) Exception.--Notwithstanding subparagraph (A), the Secretary shall settle any outstanding loans under section 206 of the Agricultural Act of 1949 (7 U.S.C. 1446g) made before the effective date of this subsection. (6) Effect on existing liability.--The amendments made by this subsection shall not affect the liability of any person under any provision of law as in effect before the effective date of this subsection. (7) Effective date.--This subsection and the amendments made by this subsection shall become effective on October 1, 1996. (e) Elimination of Market Promotion Program.-- (1) In general.--Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed. (2) Conforming amendments.-- (A) Section 211 of the Act (7 U.S.C. 5641) is amended by striking subsection (c). (B) Section 402(a)(1) of the Act (7 U.S.C. 5662(a)(1)) is amended by striking ``203,''. (C) Section 1302 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 7 U.S.C. 5623 note) is repealed. (f) Elimination of Export Enhancement Program.-- (1) In general.--Section 301 of the Agricultural Trade Act of 1978 (7 U.S.C. 5651) is repealed. (2) Conforming amendments.-- (A) Section 103(d)(2) of the Act (7 U.S.C. 5603(d)(2)) is amended by striking ``(as amended) and the program under section 301''. (B) The title heading of title III of the Act (7 U.S.C. prec. 5651) is amended to read as follows: ``TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES''. (C) Section 303 of the Act (7 U.S.C. 5653) is amended by striking ``, such as that established under section 301,''. (D) Section 401 of the Act (7 U.S.C. 5661) is amended by striking ``sections 201, 202, and 301'' each place it appears in subsections (a) and (b) and inserting ``sections 201 and 202''. (E) Section 402(a)(1) of the Act (7 U.S.C. 5662(a)(1)) (as amended by section 301(b)(2)) is further amended by striking ``sections 201, 202, and 301'' and inserting ``sections 201 and 202''.

Summary: Responsible Deficit Reduction Act of 1995 - Amends House Concurrent Resolution 67, 104th Congress to revise the definition of "discretionary spending limit" so as to reduce and specify new budget authority and outlay levels only for FY 1996 through 2000 ( H. Con. Res. 67 covered through FY 2002). (Sec. 3) Modifies the deficit reduction assumptions in the conference report on that resolution. (Sec. 4) Declares that, notwithstanding any other law governing sales of electric power by the Alaska Power Marketing Administration, the Bonneville Power Marketing Administration, the Southern Power Marketing Administration, the Southeastern Power Marketing Administration, or the Western Area Power Marketing Administration (each referred to as "the Administration"): (1) offers of power sales by the Administration shall be made on a nonpreferential basis to public bodies and cooperatives and private persons; (2) sales of power by the Administration shall be made to the persons offering the highest price; and (3) the Administration shall not be required to acquire for sale to any public body or cooperative or any other person any amount of power in excess of that generated by the projects from which the Administration sells power. Amends the Nuclear Waste Policy Act of 1982 to: (1) require annual inflation adjustment of storage fees; and (2) establish deadlines for the payment of principal and interest on storage fees. Amends the Communications Act of 1934 to modify license application competitive bidding requirements. Removes provisions terminating the authority of the Federal Communications Commission to grant a license or permit under specified provisions. Amends the Agricultural Act of 1949 to end the authority to provide price support for sugar beets and sugarcane. Removes provisions relating to security interests obtained by the Commodity Credit Corporation resulting from security agreements by sugar beet and sugarcane processors. Amends the Commodity Credit Corporation Charter Act to exclude sugar beets and sugarcane from the general power of the Commodity Credit Corporation to support agricultural commodity prices. Amends the Agricultural Adjustment Act to repeal marketing quota provisions relating to information reporting by sugarcane processors, cane sugar refiners, sugar beet processors, manufacturers of crystalline fructose, and producers of sugarcane or sugar beets. Prohibits the Secretary of Agriculture from making price support available (in the form of loans, payments, purchases, or other operations) for sugar beets or sugarcane under any law, except for settling outstanding loans under specified provisions. Amends the Agricultural Trade Act of 1978 to repeal provisions mandating a commodity export market promotion program and provisions mandating a commodity export enhancement program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Development Act of 1994''. SEC. 2. GLOBAL ENVIRONMENT FACILITY. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. CONTRIBUTION TO GLOBAL ENVIRONMENT FACILITY. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Bank may contribute $400,000,000 on behalf of the United States to the Global Environment Facility. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $400,000,000, without fiscal year limitation.''. SEC. 3. AFRICAN DEVELOPMENT FUND. (a) In General.--The African Development Fund Act (22 U.S.C. 290g- 290g-15) is amended by adding at the end the following: ``SEC. 217. SEVENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund may contribute $315,000,000 to the seventh replenishment of the resources of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $315,000,000, without fiscal year limitation.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the later of-- (1) October 1, 1994; or (2) the date the Secretary of the Treasury notifies the Congress that the negotiations of the seventh replenishment of the resources of the African Development Fund have been concluded successfully. SEC. 4. INTER-AMERICAN DEVELOPMENT BANK AND FUND FOR SPECIAL OPERATIONS. The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is amended by adding at the end the following: ``SEC. 38. CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR SPECIAL OPERATIONS. ``(a) Authority To Vote for Increase in Authorized Capital Stock of Bank and Increase in Resources of Fund for Special Operations.--The United States Governor of the Bank may vote for resolutions which-- ``(1) were transmitted by the Board of Executive Directors to the Governors of the Bank by resolution of __________; ``(2) are pending before the Board of Governors of the Bank; and ``(3) provide for-- ``(A) an increase in the authorized capital stock of the Bank and subscriptions to the Bank; and ``(B) an increase in the resources of the Fund for Special Operations and contributions to the Fund. ``(b) Subscription and Contribution Authority.-- ``(1) In general.--On adoption of the resolutions described in subsection (a), the United States Governor of the Bank may, on behalf of the United States-- ``(A) subscribe to 760,644 shares of the increase in the authorized capital stock of the Bank, 12,738 of which shall be shares of paid-in capital stock and 747,906 of which shall be shares of callable capital stock; and ``(B) contribute $82,304,000 to the Fund for Special Operations. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(c) Limitations on Authorization of Appropriations.-- ``(1) Subscription.--For the subscription authorized by subsection (b)(1)(A), there are authorized to be appropriated to the Secretary of the Treasury, without fiscal year limitation-- ``(A) not more than $76,832,001 for shares of paid- in capital stock of the Bank; and ``(B) not more than $4,511,156,729 for shares of callable capital stock of the Bank. ``(2) Contribution.--For the contribution authorized by subsection (b)(1)(B), there are authorized to be appropriated to the Secretary of the Treasury not more than $82,304,000, without fiscal year limitation. ``(d) Authority To Vote for Certain Resolutions.--The United States Governor of the Bank may vote for a proposed resolution of the Board of Governors entitled `Amendments to the Agreement Establishing the Inter- American Development Bank, the Regulations of the Board of Governors, the General Rules Governing Admission of Nonregional Countries to Membership in the Bank, and the Regulations for the Election of Executive Directors', which was submitted to the Board of Governors pursuant to a resolution of the Board of Executive Directors approved on __________.''. SEC. 5. ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 62. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL MONETARY FUND. ``(a) Contribution Authority.-- ``(1) In general.--Subject to paragraph (2), the United States Governor of the Fund may make contributions on behalf of the United States in fulfillment of the United States commitment to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. ``(b) Limitation on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury not more than $25,000,000, without fiscal year limitation.''. SEC. 6. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES. Title XV of the International Financial Institutions Act (22 U.S.C. 262o) is amended by adding at the end the following: ``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES. ``(a) Consideration of Commitment to Achieving Certain Goals.--The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2)) to promote growth in the international economy by taking into account, when considering whether to support or oppose loan proposals at these institutions, the extent to which the recipient government has demonstrated a commitment to achieving the following goals: ``(1) To provide accurate and complete data on the annual expenditures and receipts of the armed forces. ``(2) To end excessive military involvement in the economy. ``(3) To make substantial reductions in excessive military spending and forces. ``(4) To end corruption involoving members of the armed forces. The Secretary shall submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the steps taken to determine appropriate definitions of the goals set forth in subsection (a). ``(b) Steps to Achieve Goals Required.--The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as so defined) to promote a policy at each institution under which-- ``(1) the staff will include in its supporting documents for each proposed loan a report on military expenditures and an assessment of the steps taken by the recipient government to achieve the goals set forth in subsection (a); ``(2) the governing body will not approve proposed loans where insufficient effort has been made to achieve such goals, except in cases where the proposed loans are specifically designed to meet the basic human needs of the poor; and ``(3) a report on military expenditures and an assessment of the steps taken by the recipient government to achieve the goals set forth in subsection (a) will be included in regular policy consultations with developing countries. ``(c) Conditional Opposition to Loans to Indonesia.--In furtherance of the policy established by subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall, not later than May 1, 1995, submit to the Committees on Banking, Finance and Urban Affairs and on Appropriations of the House of Representatives and the Committees on Foreign Relations and on Appropriations of the Senate a report on the performance of the Government of Indonesia in achieving or implementing a credible plan to achieve the goals set forth in subsection (a).''. SEC. 7. RESPECT FOR INDIGENOUS PEOPLES. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5) is amended by redesignating section 1620 as section 1621 and by inserting after section 1619 the following: ``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES. ``The Secretary of the Treasury shall direct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2)) and the United States representative to the council of the Global Environment Facility administered by the International Bank for Reconstruction and Development to use the voice and vote of the United States to bring about the creation and full implementation of policies designed to promote respect for and full protection of the territorial rights, traditional economies, cultural integrity, traditional knowledge, and human rights of indigenous peoples.''. SEC. 8. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN. The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is amended by adding at the end the following: ``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN. ``The Secretary of the Treasury shall direct the United States Executive Director of the Bank to use the voice and vote of the United States to support an increased focus on the poorest countries in Latin America and the Carribean, and on poorer areas of better off countries, and to support porgrams conducted by the Multilateral Investment Fund, particularly in targeting low-income countries and populations, working with nongovernmental organizations and training and assisting former combatants from civil conflicts in Latin America.''. SEC. 9. GUARANTEE OF WORKER RIGHTS. Title XVI of the International Financial Institutions Act (22 U.S.C. 262p-262p-5), as amended by section 7 of this Act, is amended by redesignating section 1621 as section 1622 and by inserting after section 1620 the following: ``SEC. 1621. GUARANTEE OF WORKER RIGHTS. ``The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of this Act) to use the voice and vote of the United States to urge the respective institution to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights (within the meaning of section 502(a)(4) of the Trade Act of 1974).''.

Summary: International Development Act of 1994 - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the World Bank to contribute a specified amount to the Global Environment Facility. Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the seventh replenishment of the Fund. Amends the Inter-American Development Bank Act to authorize the U.S. Governor of the Inter-American Development Bank, upon adoption of resolutions, to subscribe to an increase in the authorized capital stock of the Bank and contribute a specified amount to the Fund for Special Operations. Authorizes the U.S. Governor of the International Monetary Fund (IMF) to contribute to the Interest Subsidy Account of the Enhanced Structural Adjustment Facility of the IMF. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors of certain international financial institutions to take into account, when considering whether to support or oppose loan proposals, the extent to which the recipient government has demonstrated a commitment to achieving the following: (1) providing accurate and complete data on the annual expenditures and receipts of the armed forces; (2) ending excessive military involvement in the economy; (3) making substantial reductions in excessive military spending and forces; and (4) ending corruption involving members of the armed forces. Requires the Secretary to report to specified congressional committees on the Government of Indonesia's performance in achieving such goals. Directs the Secretary to instruct the U.S. Executive Directors to bring about policies to promote respect for, and rights of, indigenous peoples. Requires the Secretary to instruct the U.S. Executive Director of the Inter-American Development Bank to support an increased focus on the poorest countries in Latin America and the Caribbean and to support programs of the Multilateral Investment Fund. Requires the Secretary to direct the U.S. Executive Directors to urge their respective institutions to adopt policies to encourage borrowing countries to guarantee internationally recognized worker rights.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Business Bribery Prohibition Act of 2016''. SEC. 2. ACTIONS AUTHORIZED. (a) Prohibited Foreign Practices by Domestic Concerns.--Section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2) is amended by adding at the end the following: ``(j) Private Right of Action Authorized.-- ``(1) Authorized plaintiffs.--Any person that violates subsection (a) shall be liable in an action brought in accordance with this subsection in any court of competent jurisdiction to any issuer that is subject to section 30A of the Securities Exchange Act of 1934, domestic concern that is subject to this section, or other person that is a United States person, that is damaged by the violation of subsection (a) of this section, for damages caused to such issuer, domestic concern, or other person by the violation. ``(2) Proof of damages.--For purposes of this subsection, the court may not find for the plaintiff in an action under this subsection unless the plaintiff alleges and proves that-- ``(A) the defendant violated subsection (a); and ``(B) the defendant's violation of subsection (a)-- ``(i) prevented the plaintiff from obtaining or retaining business for or with any person; and ``(ii) assisted the defendant in obtaining or retaining such business. ``(3) Measure of damages.-- ``(A) In general.--The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff's allegations and proof: ``(i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). ``(ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant's obtaining or retaining business by means of the violation of subsection (a). ``(B) Treble damages.--In assessing damages under subparagraph (A), the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). ``(4) Exception for routine governmental action.--The exception in subsection (b) shall apply to an action under this subsection. ``(5) Affirmative defenses.--The affirmative defenses in subsection (c) shall apply to an action under this subsection. ``(6) Contribution.--Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. ``(7) Statute of limitations.--No action may be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. ``(8) United states person defined.--In this subsection, the term `United States person' has the meaning given that term in subsection (i)(2).''. (b) Prohibited Foreign Practices by Other Persons.--Section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-3) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: ``(f) Private Right of Action Authorized.-- ``(1) Authorized plaintiffs.--Any person that violates subsection (a) shall be liable in an action brought in accordance with this subsection in any court of competent jurisdiction to any issuer that is subject to section 30A of the Securities Exchange Act of 1934, domestic concern that is subject to section 104 of this Act, or other person that is a United States person, that is damaged by the violation of subsection (a) of this section, for damages caused to such issuer, domestic concern, or other person by the violation. ``(2) Proof of damages.--For purposes of this subsection, the court may not find for the plaintiff in an action under this subsection unless the plaintiff alleges and proves that-- ``(A) the defendant violated subsection (a); and ``(B) the defendant's violation of subsection (a)-- ``(i) prevented the plaintiff from obtaining or retaining business for or with any person; and ``(ii) assisted the defendant in obtaining or retaining such business. ``(3) Measure of damages.-- ``(A) In general.--The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff's allegations and proof: ``(i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). ``(ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant's obtaining or retaining business by means of the violation of subsection (a). ``(B) Treble damages.--In assessing damages under subparagraph (A), the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). ``(4) Exception for routine governmental action.--The exception in subsection (b) shall apply to an action under this subsection. ``(5) Affirmative defenses.--The affirmative defenses in subsection (c) shall apply to an action under this subsection. ``(6) Contribution.--Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. ``(7) Statute of limitations.--No action may be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. ``(8) United states person defined.--In this subsection, the term `United States person' has the meaning given that term in subsection (i)(2).''. (c) Prohibited Foreign Practices by Issuers.--Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-1) is amended by adding at the end the following: ``(h) Private Right of Action Authorized.-- ``(1) Authorized plaintiffs.--Any person that violates subsection (a) shall be liable in an action brought in accordance with this subsection in any court of competent jurisdiction to any issuer that is subject to this section, domestic concern that is subject to section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2), or other person that is a United States person, that is damaged by the violation of subsection (a) of this section, for damages caused to such issuer, domestic concern, or other person by the violation. ``(2) Proof of damages.--For purposes of this subsection, the court may not find for the plaintiff in an action under this subsection unless the plaintiff alleges and proves that-- ``(A) the defendant violated subsection (a); and ``(B) the defendant's violation of subsection (a)-- ``(i) prevented the plaintiff from obtaining or retaining business for or with any person; and ``(ii) assisted the defendant in obtaining or retaining such business. ``(3) Measure of damages.-- ``(A) In general.--The damages that a plaintiff may obtain in an action under this subsection may be equal to the higher of the two following amounts that are established by the plaintiff's allegations and proof: ``(i) The total amount of the contract or agreement that the defendant gained in obtaining or retaining business by means of the violation of subsection (a). ``(ii) The total amount of the contract or agreement that the plaintiff failed to gain because of the defendant's obtaining or retaining business by means of the violation of subsection (a). ``(B) Treble damages.--In assessing damages under subparagraph (A), the court shall enter judgment for three times the amount determined under clause (i) or (ii) of such subparagraph (whichever is greater), together with a reasonable attorney's fee and costs, for the violation of subsection (a). ``(4) Exception for routine governmental action.--The exception in subsection (b) shall apply to an action under this subsection. ``(5) Affirmative defenses.--The affirmative defenses in subsection (c) shall apply to an action under this subsection. ``(6) Contribution.--Each person who becomes liable to make payment under this subsection may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. ``(7) Statute of limitations.--No action shall be maintained to enforce any liability created under this subsection unless brought within 3 years after the discovery of the facts constituting the cause of action and within 6 years after the cause of action accrued. ``(8) United states person defined.--In this subsection, the term `United States person' has the meaning given that term in subsection (g)(2).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to causes of action accruing on or after such date of enactment.

Summary: Foreign Business Bribery Prohibition Act of 2016 This bill amends the Foreign Corrupt Practices Act of 1977 (FCPA) to authorize private rights of action against persons that violate the FCPA's anti-bribery provisions, which prohibit giving things of value to foreign officials or political parties for purposes of obtaining or retaining business. A person that violates the FCPA's anti-bribery provisions shall be liable for up to treble damages to a securities issuer, domestic business concern, or U.S. person damaged by the violation. A plaintiff must prove an FCPA anti-bribery violation by the defendant that: (1) prevented the plaintiff from obtaining or retaining business, and (2) assisted the defendant in obtaining or retaining such business.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Policy Enhancement Act of 2008''. SEC. 2. PROHIBITION ON COLLECTION OF CERTAIN COPAYMENTS FROM VETERANS WHO ARE CATASTROPHICALLY DISABLED. (a) Prohibition on Collection of Copayments and Other Fees for Hospital or Nursing Home Care.--Section 1710 of title 38, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Notwithstanding any other provision of this section, a veteran who is catastrophically disabled shall not be required to make any payment otherwise required under subsection (f) or (g) for the receipt of hospital care or nursing home care under this section.''. (b) Effective Date.--Subsection (h) of section 1710 of title 38, United States Code, as added by subsection (a), shall apply with respect to hospital care or nursing home care provided after the date of the enactment of this Act. SEC. 3. EXPANSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING NONSERVICE-CONNECTED TREATMENT. Section 1782(b) of title 38, United States Code, is amended by striking ``if--'' and all that follows and inserting a period. SEC. 4. COMPREHENSIVE POLICY ON PAIN MANAGEMENT. (a) Comprehensive Policy Required.--Not later than October 1, 2008, the Secretary of Veterans Affairs shall develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for health care services provided by the Department of Veterans Affairs. (b) Scope of Policy.--The policy required by subsection (a) shall cover each of the following: (1) The systemwide management of acute and chronic pain experienced by veterans. (2) The standard of care for pain management to be used throughout the Department. (3) The consistent application of pain assessments to be used throughout the Department. (4) The assurance of prompt and appropriate pain care treatment and management by the Department, systemwide, when medically necessary. (5) The Department's program of research related to acute and chronic pain suffered by veterans, including pain attributable to central and peripheral nervous system damage characteristic of injuries incurred in modern warfare. (6) The Department's program of pain care education and training for health care personnel of the Department. (7) The Department's program of patient education for veterans suffering from acute or chronic pain and their families. (c) Updates.--The Secretary shall revise the policy developed under subsection (a) on a periodic basis in accordance with experience and evolving best practice guidelines. (d) Consultation.--The Secretary shall develop the policy developed under subsection (a), and revise such policy under subsection (c), in consultation with veterans service organizations and organizations with expertise in the assessment, diagnosis, treatment, and management of pain. (e) Annual Report.-- (1) In general.--Not later than 180 days after the date of the completion and initial implementation of the policy under subsection (a) and on October 1 of every fiscal year thereafter through fiscal year 2018, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation of the policy developed under subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the policy developed and implemented under subsection (a) and any revisions to such policy under subsection (c). (B) A description of the performance measures used to determine the effectiveness of such policy in improving pain care for veterans systemwide. (C) An assessment of the adequacy of the Department's pain management services based on a survey of patients managed in Department clinics. (D) An assessment of the Department's research programs relevant to the treatment of the types of acute and chronic pain suffered by veterans. (E) An assessment of the training provided to Department health care personnel with respect to the diagnosis, treatment, and management of acute and chronic pain. (F) An assessment of the Department's pain care- related patient education programs. (f) Veterans Service Organization Defined.--In this section, the term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 5. ESTABLISHMENT OF CONSOLIDATED PATIENT ACCOUNTING CENTERS. (a) Establishment of Centers.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1729A the following: ``Sec. 1729B. Consolidated patient accounting centers ``(a) In General.--Not later than 5 years after the date of enactment of this section, the Secretary of Veterans Affairs shall establish not more than seven consolidated patient accounting centers for conducting industry-modeled regionalized billing and collection activities of the Department. ``(b) Functions.--The centers shall carry out the following functions: ``(1) Reengineer and integrate all business processes of the revenue cycle of the Department. ``(2) Standardize and coordinate all activities of the Department related to the revenue cycle for all health care services furnished to veterans for nonservice-connected medical conditions. ``(3) Apply commercial industry standards for measures of access, timeliness, and performance metrics with respect to revenue enhancement of the Department. ``(4) Apply other requirements with respect to such revenue cycle improvement as the Secretary may specify.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1729A the following: ``1729B. Consolidated patient accounting centers.''. SEC. 6. SIMPLIFYING AND UPDATING NATIONAL STANDARDS TO ENCOURAGE TESTING OF THE HUMAN IMMUNODEFICIENCY VIRUS. Section 124 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 7333 note; 102 Stat. 505) and the item relating to such section in the table of contents of such Act (102 Stat. 487) are repealed. Passed the House of Representatives July 30, 2008. Attest: LORRAINE C. MILLER, Clerk.

Summary: Veterans' Health Care Policy Enhancement Act of 2008 - (Sec. 2) Prohibits the collection by the Department of Veterans Affairs (VA) of copayments or other fees for hospital or nursing home care in the case of catastrophically disabled veterans. (Sec. 3) Repeals a current requirement that, in order for a family member of a non-service-connected disabled veteran to be eligible for counseling services, the counseling must be essential to permit the discharge of the veteran from the hospital. (Sec. 4) Directs the Secretary of Veterans Affairs to: (1) develop and implement a comprehensive policy on the management of pain experienced by veterans enrolled for VA health care services; (2) periodically revise the policy; and (3) report annually through FY2018 to the congressional veterans' committees on policy implementation. (Sec. 5) Requires the Secretary, within five years after the enactment of this Act, to establish up to seven consolidated patient accounting centers for conducting industry-modeled regionalized VA billing and collection activities. (Sec. 6) Repeals a provision of the Veterans' Benefits and Services Act of 1988 requiring written informed consent for HIV testing among veterans.