SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right to Know Act''. SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT TO CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in 2001, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether or not each such facility is equipped with a fire sprinkler system or another equally protective fire safety system. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding calendar years for which data are available, of fires and false fire alarms. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols, rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make timely reports to the campus community on fires that are reported to local fire departments and the incidence of false fire alarms on campus. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. ``(4) Logs.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire, and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection. ``(5) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(6) Definition of campus.--In this subsection the term `campus' has the meaning provided in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college and university facilities, including recommendations for methods to fund such cost.

Summary: Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Partial Hospitalization Services Integrity Act of 1997''. SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES. (a) In General.--Section 1861(ff)(2) of the Social Security Act (42 U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph (I)-- (1) by striking ``and furnished'' and inserting ``furnished''; and (2) by inserting before the period the following: ``, and furnished other than in a skilled nursing facility or in an individual's personal residence''. (b) Effective Date.--The amendments made by subsection (a) shall apply to partial hospitalization services furnished on or after the first day of the third month beginning after the date of the enactment of this Act. SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS. Section 1861(ff)(3)(B) of the Social Security Act (42 U.S.C. 1395x(ff)(3)(B)) is amended by striking ``entity'' and all that follows and inserting the following: ``entity that-- ``(i) provides the mental health services described in paragraph (1) of section 1913(c) of the Public Health Service Act; ``(ii) meets applicable licensing or certification requirements for community mental health centers in the State in which it is located; and ``(iii) meets such additional conditions as the Secretary may specify to ensure (I) the health and safety of individuals being furnished such services, (II) the effective or efficient furnishing of such services, and (III) the compliance of such entity with the criteria described in such section.''. SEC. 4. RE-ENROLLMENT OF PROVIDERS OF CMHC PARTIAL HOSPITALIZATION SERVICES. (a) In General.--With respect to each community mental health center that furnishes partial hospitalization services for which payment is made under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall provide for periodic re- certification to ensure that the provision of such services complies with section 1913(c) of the Public Health Service Act. (b) Deadline for First Re-certification.--The first re- certification under subsection (a) shall be completed not later than 1 year after the date of the enactment of this Act. SEC. 5. PROSPECTIVE PAYMENT SYSTEM FOR PARTIAL HOSPITALIZATION SERVICES. (a) Establishment of System.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by inserting after subsection (o) the following: ``(p)(1) The Secretary may establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or by a hospital to its outpatients. The system shall provide for appropriate payment levels for efficient centers and take into account payment levels for similar services furnished by other efficient entities. ``(2) A prospective payment system established pursuant to paragraph (1) shall provide for payment amounts for-- ``(A) the first year in which such system applies, at a level so that, as estimated by the Secretary, the total aggregate payments under this part (including payments attributable to deductibles and coinsurance) are equal to the total aggregate payments that would have otherwise been made under this part if such system had not been implemented; and ``(B) each subsequent year, in an amount equal to the payment amount provided for under this paragraph for the preceding year updated by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with September of that preceding year.''. (b) Coinsurance.--Section 1866(a)(2)(A) of such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by adding at the end the following: ``In the case of services described in section 1832(a)(2)(J), clause (ii) of the first sentence of this subparagraph shall be applied by substituting the payment basis established under section 1833(p) for the reasonable charges.''. (c) Conforming Amendments.--(1) Section 1832(a)(2) of such Act (42 U.S.C. 1395k(a)(2)) is amended-- (A) in subparagraph (B), by striking ``or subparagraph (I)'' and inserting ``, (I), or (J)''; and (B) in subparagraph (J), by striking ``provided by a community mental health center (as described in section 1861(ff)(2)(B))''. (2) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (A) in paragraph (2) preceding subparagraph (A), by striking ``(H), and (I)'' and inserting ``(H), (I), and (J)''; (B) by striking ``and'' at the end of paragraph (8); (C) by striking the period at the end of paragraph (9) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(10) in the case of partial hospitalization services, 80 percent of the payment basis under the prospective payment system established under section 1833(p).''. (d) Effective Date.--The amendments made by subsections (b) and (c) apply to services furnished on or after January 1 of the first year that begins at least 6 months after the date on which regulations are issued under section 1833(p) of such Act (42 U.S.C. 1395l(p)) as inserted by subsection (a). SEC. 6. DEMONSTRATION FOR IMPROVED PARTIAL HOSPITALIZATION SERVICES. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall implement a demonstration project (in this section referred to as the ``project'') under part B of title XVIII of the Social Security Act under which community mental health centers may offer expanded partial hospitalization services (described in paragraph (2)) for purposes of providing for a full continuum of ambulatory behavioral health care services. (2) Additional mental health services described.--For purposes of paragraph (1), the expanded partial hospitalization services are outpatient mental health services and such other mental health services as the Secretary determines appropriate which are not partial hospitalization services as defined in section 1861(ff)(1) of such Act (42 U.S.C. 1395x(ff)(1)). (b) Selection of Centers.--For purposes of implementing such project, the Secretary shall select for participation in the project community mental health centers that serve populations in 3 different States, 1 of which predominantly serves rural populations. (c) Capitated Payment.--Under this project, payment for expanded partial hospitalization services shall be made on a capitated basis. (d) Waiver Authority.--The Secretary may waive such provisions of title XVIII of the Social Security Act as the Secretary deems necessary to conduct the project established under this section. (e) Evaluation and Report.-- (1) Evaluation.--The Secretary shall evaluate the project. Such evaluation shall include an examination of-- (A) the project's effect on the health and well- being of beneficiaries; (B) any savings to the medicare program by reason of capitated payments for partial hospitalization services; (C) the impact of basing payment for such services on a capitated basis; and (D) the project's effect on utilization of inpatient services (including inpatient mental health services) and associated costs. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing a statement of the findings and conclusions of the Secretary pursuant to the evaluation conducted under paragraph (1), together with any recommendations for legislation the Secretary considers appropriate with respect to-- (A) the provision of additional mental health services by community mental health centers under partial hospitalization services; and (B) payment for such services on a capitated basis. (f) Duration.--The project shall be conducted for a 3 year period.

Summary: Partial Hospitalization Services Integrity Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to: (1) deny coverage of partial hospitalization services in home and skilled nursing home settings; (2) provide for new qualifications for community mental health centers as the Secretary of Health and Human Services may specify to ensure the health and safety of individuals being furnished mental health services and the effective or efficient furnishing of such services; and (3) authorize the Secretary to establish by regulation a prospective payment system for partial hospitalization services provided by a community mental health center or hospital to its outpatients. Directs the Secretary to: (1) provide for periodic re-certification to ensure that the provision of such services complies with appropriate criteria under the Public Health Service Act; and (2) implement a demonstration project under Medicare part B (Supplementary Medical Insurance) under which community mental health centers may offer expanded partial hospitalization services which are not currently covered as such under Medicare for purposes of providing for a full continuum of ambulatory behavioral health care services.


. (a) Amendment to Title 31.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``SEC. 1311. CONTINUING APPROPRIATIONS. ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year, or in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be, or ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period; or ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch.''. (b) Conforming Amendment.--Section 202(e)(3) of the Congressional Budget Act of 1974 is amended by inserting ``and on or before September 30'' before ``of each year''. (c) Chapter Analysis.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (d) Effect of Amendments.--Nothing in the amendments made by this subsection shall be construed to affect Government obligations mandated by other law, including obligations with respect to Social Security, Medicare, and Medicaid.

Summary: End Federal Shutdowns Act of 2018 This bill provides specified continuing appropriations to prevent a government shutdown if any regular appropriations bill for a fiscal year has not been enacted or a joint resolution making continuing appropriations is not in effect after the fiscal year begins. The appropriations are provided to continue to fund projects and activities for which funds were provided in the preceding fiscal year.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims Protection Act of 2014''. SEC. 2. INCLUSION OF SENIOR TRIAL COUNSEL DETERMINATIONS ON REFERRAL OF CASES TO TRIAL BY COURT-MARTIAL IN CASES REVIEWED BY SECRETARIES OF MILITARY DEPARTMENTS. Section 1744 of the National Defense Authorization Act for Fiscal Year 2014 is amended-- (1) in subsection (c)-- (A) in the subsection heading, by inserting ``or Senior Trial Counsel'' after ``Staff Judge Advocate''; and (B) by inserting ``or the senior trial counsel detailed to the case'' after ``Military Justice),''; and (2) in subsection (d)-- (A) in the subsection heading, by inserting ``or Senior Trial Counsel'' after ``Staff Judge Advocate''; and (B) by inserting ``or the senior trial counsel detailed to the case'' after ``Military Justice),''. SEC. 3. ADDITIONAL ENHANCEMENTS OF MILITARY DEPARTMENT ACTIONS ON SEXUAL ASSAULT PREVENTION AND RESPONSE. (a) Additional Duty of Special Victims' Counsel.--In addition to any duties authorized by section 1044e of title 10, United States Code (as added by section 1716 of the National Defense Authorization Act for Fiscal Year 2014), a Special Victims' Counsel designated under subsection (a) of such section 1044e shall provide advice to victims of sexual assault on the advantages and disadvantages of prosecution of the offense concerned by court-martial or by a civilian court with jurisdiction over the offense before such victims express their preference as to the prosecution of the offense under subsection (b). (b) Consultation With Victims Regarding Preference in Prosecution of Certain Sexual Offenses.-- (1) In general.--The Secretaries of the military departments shall each establish a process to ensure consultation with the victim of a covered sexual offense that occurs in the United States with respect to the victim's preference as to whether the offense should be prosecuted by court-martial or by a civilian court with jurisdiction over the offense. (2) Weight afforded preference.--The preference expressed by a victim under paragraph (1) with respect to the prosecution of an offense, while not binding, should be afforded great weight in the determination whether to prosecute the offense by court-martial or by a civilian court. (3) Notice to victim of lack of civilian criminal prosecution after preference for such prosecution.--In the event a victim expresses a preference under paragraph (1) in favor of prosecution of an offence by civilian court and the civilian authorities determine to decline prosecution, or defer to prosecution by court-martial, the victim shall be promptly notified of that determination. (c) Performance Appraisals of Members of the Armed Forces.-- (1) Appraisals of all members on compliance with sexual assault prevention and response programs.--The Secretaries of the military departments shall each ensure that the written performance appraisals of members of the Armed Forces (whether officers or enlisted members) under the jurisdiction of such Secretary include an assessment of the extent to which each such member supports the sexual assault prevention and response program of the Armed Force concerned. (2) Performance appraisals of commanding officers.--The Secretaries of the military departments shall each ensure that the performance appraisals of commanding officers under the jurisdiction of such Secretary indicate the extent to which each such commanding officer has or has not established a command climate in which-- (A) allegations of sexual assault are properly managed and fairly evaluated; and (B) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. (d) Command Climate Assessments Following Incidents of Certain Sexual Offenses.-- (1) Assessments required.--The Secretaries of the military departments shall each establish a process whereby a command climate assessment is performed following an incident involving a covered sexual offense for each of the command of the accused and the command of the victim. If the accused and the victim are within the same command, only a single climate assessment is required. The process shall ensure the timely completion of command climate assessments for provision to military criminal investigation organizations and commanders pursuant to paragraph (2). (2) Provision to military criminal investigation organizations and commanders.--A command climate assessment performed pursuant to paragraph (1) shall be provided to the following: (A) The military criminal investigation organization conducting the investigation of the offense concerned. (B) The commander next higher in the chain of command of the command covered by the climate assessment. (e) Confidential Review of Characterization of Terms of Discharge of Victims of Sexual Offenses.-- (1) In general.--The Secretaries of the military departments shall each establish a confidential process, through boards for the correction of military records of the military department concerned, by which an individual who was the victim of a covered sexual offense during service in the Armed Forces may challenge, on the basis of being the victim of such an offense, the terms or characterization of the individual's discharge or separation from the Armed Forces. (2) Consideration of individual experiences in connection with offenses.--In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by paragraph (1), the Secretary of the military department concerned shall instruct boards to give due consideration to the psychological and physical aspects of the individual's experience in connection with the offense concerned, and to what bearing such experience may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. (3) Preservation of confidentiality.--Documents considered and decisions rendered pursuant to the process required by paragraph (1) shall not be made available to the public, except with the consent of the individual concerned. (f) Covered Sexual Offense Defined.--In subsections (a) through (e), the term ``covered sexual offense'' means any of the following: (1) Rape or sexual assault under subsection (a) or (b) of section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice). (2) Forcible sodomy under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice). (3) An attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (g) Modification of Military Rules of Evidence Relating to Admissibility of General Military Character Toward Probability of Innocence.--Not later than 180 days after the date of the enactment of this Act, Rule 404(a) of the Military Rules of Evidence shall be modified to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused, except that evidence of a trait of the military character of an accused may be offered in evidence by the accused when that trait is relevant to an element of an offense for which the accused has been charged. SEC. 4. APPLICABILITY OF SEXUAL ASSAULT PREVENTION AND RESPONSE AND RELATED MILITARY JUSTICE ENHANCEMENTS TO MILITARY SERVICE ACADEMIES. (a) Military Service Academies.--The Secretary of the military department concerned shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy, as applicable. (b) Coast Guard Academy.--The Secretary of Homeland Security shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as so amended) and this Act apply to the Coast Guard Academy. SEC. 5. COLLABORATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF JUSTICE IN EFFORTS TO PREVENT AND RESPOND TO SEXUAL ASSAULT. (a) Strategic Framework on Collaboration Required.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly develop a strategic framework for ongoing collaboration between the Department of Defense and the Department of Justice in their efforts to prevent and respond to sexual assault. The framework shall be based on and include the following: (1) An assessment of the role of the Department of Justice in investigations and prosecutions of sexual assault cases in which the Department of Defense and the Department of Justice have concurrent jurisdiction, with the assessment to include a review of and list of recommended revisions to relevant Memoranda of Understanding and related documents between the Department of Justice and the Department of Defense. (2) An assessment of the feasibility of establishing the position of advisor on military sexual assaults within the Department of Justice (using existing Department resources and personnel) to assist in the activities required under paragraph (1) and provide to the Department of Defense investigative and other assistance in sexual assault cases occurring on domestic and overseas military installations over which the Department of Defense has primary jurisdiction, with the assessment to address the feasibility of maintaining representatives or designees of the advisor at military installations for the purpose of reviewing cases of sexual assault and providing assistance with the investigation and prosecution of sexual assaults. (3) An assessment of the number of unsolved sexual assault cases that have occurred on military installations, and a plan, with appropriate benchmarks, to review those cases using currently available civilian and military law enforcement resources, such as new technology and forensics information. (4) A strategy to leverage efforts by the Department of Defense and the Department of Justice-- (A) to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention regarding sexual assault; and (B) to address social conditions that relate to sexual assault. (5) Mechanisms to promote information sharing and best practices between the Department of Defense and the Department of Justice on prevention and response to sexual assault, including victim assistance through the Violence against Women Act and Office for Victims of Crime programs of the Department of Justice. (b) Report.--The Secretary of Defense and the Attorney General shall jointly submit to the appropriate committees of Congress a report on the framework required by subsection (a). The report shall-- (1) describe the manner in which the Department of Defense and Department of Justice will collaborate on an ongoing basis under the framework; (2) explain obstacles to implementing the framework; and (3) identify changes in laws necessary to achieve the purpose of this section. (c) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives. SEC. 6. MODIFICATION OF DEADLINE FOR REPORT ON NEED FOR PUNITIVE UCMJ ARTICLE ON INAPPROPRIATE CONTACT WITH PROSPECTIVE AND NEW MEMBERS OF THE ARMED FORCES. Section 1741(d) of the National Defense Authorization Act for Fiscal Year 2014 is amended by striking ``120 days'' and inserting ``60 days''. SEC. 7. SENSE OF SENATE ON INDEPENDENT PANEL ON REVIEW AND ASSESSMENT ON RESPONSE SYSTEMS TO SEXUAL ASSAULT CRIMES. It is the sense of the Senate that-- (1) the panel to review and assess the systems used to respond to sexual assault established by section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758) is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of the panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment under subsection (d)(1) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 a review of the reforms that will be enacted pursuant to title XVII of the National Defense Authorization Act for Fiscal Year 2014 (as amended by this Act) and this Act; and (4) the views of the victim advocate community should continue to be well-represented on the panel, and input from victims should continue to play a central role in informing the work of the panel. Passed the Senate March 10, 2014. Attest: NANCY ERICKSON, Secretary.

Summary: . Victims Protection Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2014 (NDAA 2014) to revise the sexual assault prevention and response program activities of the Armed Forces. (Sec. 2) Amends NDAA 2014 to include the senior trial counsel detailed to a case involving sex-related charges in the process for determining whether such charges should be referred for a court-martial (currently, such determination is made solely by the staff judge advocate). (Sec. 3) Requires the Special Victims' Counsel, in cases involving sexual assaults in the military, to provide advice to assault victims on the advantages and disadvantages of prosecuting such assaults by court-martial or in a civilian court. Requires the Secretaries of the military departments to: (1) establish a process to ensure consultation with the victim of a sexual assault to determine such victim's preference for prosecuting such assault either by court-martial or in a civilian court, and (2) afford great weight to such preference in determining which court shall prosecute the offense. Requires notification to a victim who expresses a preference for prosecution in a civilian court if a decision is made to decline prosecution or prosecute such offense by court-martial. Requires performance appraisals of: (1) officers and enlisted personnel of the Armed Forces to include an assessment of the extent to which such members support their respective sexual assault prevention and response programs, and (2) a commanding officer to indicate the extent to which such officer has established a command climate in which allegations of sexual assault are properly managed and fairly evaluated and a victim can report criminal activity without fear of retaliation or ostracism. Requires the Secretaries of the military departments to establish a process for a command climate assessment and for a confidential challenge by an individual who was the victim of a sexual assault of the terms or characterization of such individual's discharge or separation from the Armed Forces. Requires a modification of the Military Rules of Evidence to clarify that evidence of the general military character of an individual accused of a criminal offense (good soldier defense) shall not be admissible for the purpose of showing the probability of innocence of such individual, unless such evidence is relevant to an element of the offense for which the accused has been charged. (Sec. 4) Requires the Secretary of the military department concerned to ensure that provisions of NDAA 2014 relating to sexual assault prevention and response apply to the U.S. Military Academy, the Naval Academy, and the Air Force Academy. Requires the Secretary of Homeland Security (DHS) to ensure that such provisions apply to the Coast Guard Academy. (Sec. 5) Requires the Secretary of Defense (DOD) and the Attorney General to jointly develop a strategic framework for collaboration between DOD and the Department of Justice (DOJ) to prevent and respond to cases of sexual assault and report to the Armed Services and Judiciary Committees of Congress on such framework. Requires such framework to be based on and to include: (1) an assessment of the role of DOD in investigations and prosecutions of sexual assault cases in which DOD and DOJ have concurrent jurisdiction; (2) an assessment of the feasibility of establishing the position of advisor on military sexual assaults within DOJ and provide DOD investigative and other assistance in sexual assault cases on domestic and overseas military installations; (3) an assessment of the number of unsolved sexual assault cases; (4) a strategy to leverage efforts by DOD and DOJ to improve the quality of investigations, prosecutions, specialized training, services to victims, awareness, and prevention and to address social conditions that relate to sexual assault; and (5) mechanisms to promote information sharing and best practices between DOD and DOJ. (Sec. 6) Advances from 120 to 60 days after the enactment of NDAA 2014 the due date for the report of the DOD Secretary on a proposed punitive article under the Uniform Code of Military Justice (UCMJ) for violations of prohibitions against inappropriate contact with prospective and new members of the Armed Forces. (Sec. 7) Expresses the sense of the Senate that: (1) the panel to review and assess the systems used to respond to sexual assault established by NDAA 2014 is conducting an independent assessment of the systems used to investigate, prosecute, and adjudicate crimes involving adult sexual assault and related offenses; (2) the work of such panel will be critical in informing the efforts of Congress to combat rape, sexual assault, and other sex-related crimes in the Armed Forces; (3) the panel should include in its assessment a review of the reforms that will be enacted by NDAA 2014; and (4) the views of the victim advocate community should continue to be well-represented on the panel.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Secondary Metal Theft Prevention Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of the Congress. Sec. 4. Purposes. Sec. 5. Purchase transaction requirements. Sec. 6. Protection of personal information. Sec. 7. Enforcement by Federal Trade Commission. Sec. 8. Enforcement by State Attorneys General. Sec. 9. Civil penalty. Sec. 10. State and local law not preempted. Sec. 11. Definitions. Sec. 12. Effective date. SEC. 2. FINDINGS. The Congress finds the following: (1) Since 2006, metal theft has been on the rise, largely due to a surge in the global demand for scrap metal and a historic increase in the price of metal commodities. (2) Theft of metal components is jeopardizing the integrity of critical infrastructure in the United States through theft of metal in transportation, electrical, and telecommunications networks. (3) Theft of manhole covers, storm water grates, highway guard rails, railroad tracks, automobile components, and street lamps pose a significant public safety risk. (4) Many State laws call on secondary metal recyclers to help deter this crime and assist law enforcement by documenting transactions and collecting information in order to identify the sellers of scrap metal and the material they are selling. These laws have been a significant deterrent to the problem of metal theft. (5) Although many States have enacted metal theft laws, metal theft is a nationwide crime that crosses state lines. (6) An overarching Federal law is necessary to deter metal theft across the country. (7) Combating the problem of metal theft will require improved communications between metal businesses and law enforcement agencies. (8) The secondary metal recycling industry should be commended for educating the public and law enforcement to the problems related to metal theft, issuing ``Do Not Buy'' lists, partnering with the National Crime Prevention Council, and creating a Theft Alert System. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that Federal, State, and local government agencies should work with representatives of the secondary metal recycling industry to develop and improve effective countermeasures to combat the theft and sale of stolen secondary metal. SEC. 4. PURPOSES. The purposes of this Act are-- (1) to protect consumers, businesses, critical infrastructure, and State and local governments from the problem of secondary metal theft; (2) to regulate interstate commerce by limiting trafficking in stolen secondary metal sold for the purpose of recycling or reuse; (3) to permit legitimate secondary metal transactions to continue to take place; and (4) to establish a system to document secondary metal transactions between sellers and buyers while addressing the growing problem of secondary metal theft. SEC. 5. PURCHASE TRANSACTION REQUIREMENTS. (a) Do-not-buy List.--Unless the seller establishes by written documentation that the seller is the owner, or an employee, agent, or other person authorized to sell on behalf of the owner, it is unlawful for a secondary metal recycling agent to purchase for recycling any secondary metal that is-- (1) marked with name, logo, or initials of a railroad, an electric, gas, or water company, a telephone company, cable company, or a public utility or that has been altered to remove, conceal, or obliterate such a name, logo, or initials through burning or cutting of wire sheathing or other means; (2) marked with the name of a city, county, or State government entity; (3) a street light pole or fixture; (4) a road or bridge guard rail; (5) a highway or street sign; (6) a water meter cover; (7) a storm water grate; (8) unused or undamaged building construction or utility material; (9) an historical marker; (10) a grave marker or cemetery urn or vase; (11) a utility access cover; or (12) a bulk container for beer with a capacity of 7.75 gallons or more. (b) Record Keeping.-- (1) In general.--A secondary metal recycling agent shall maintain a written or electronic record of each secondary metal purchase. The record shall include-- (A) the agent's name and address; (B) the date of the transaction; (C) a description of the secondary metal purchased, including-- (i) a general physical description; (ii) a product description, such as wire, tubing, extrusions, casting, or other kind of product; and (iii) the weight, quantity, or volume purchased; (D) the amount paid by the agent; (E) the name and address of the person to which the payment was made; (F) the name of the person delivering the secondary metal to the agent, including a distinctive number from a Federal or State government-issued photo identification card and a description of the type of the identification; and (G) the license tag number, State-of-issue, make, and model, if available, of the vehicle used to deliver the secondary metal to the agent. (2) Repeat sellers.--A secondary metal recycling agent may comply with the requirements of paragraph (1) with respect to the second or a subsequent purchase of secondary metal from the same person by-- (A) reference to the existing record relating to the seller; and (B) recording any information for the transaction that is different from the existing record for that person. (3) Record retention period.--A secondary metal recycling agent shall maintain any record required by this subsection for not less than 2 years from the date of the transaction to which the record relates. (c) Purchases in Excess of $75.-- (1) In general.--A secondary metal recycling agent may not pay cash for a single purchase of secondary metal in excess of $75. For purposes of this paragraph, more than 1 purchase in any 48-hour period from the same seller shall be considered to be a single purchase. (2) Payment method.-- (A) Occasional sellers.--Except as provided in subparagraph (B), for any purchase of secondary metal in excess of $75 a secondary metal recycling agent shall make payment by check that-- (i) is payable to the seller; and (ii) includes the name and address of the seller. (B) Established commercial transactions.--A secondary metal recycling agent may make payments for purchases of secondary metal in excess of $75 from a governmental or commercial supplier of secondary metal with which the agent has an established commercial relationship by electronic funds transfer or other established commercial transaction payment method through a commercial bank if the agent maintains a written record of such payments that identifies the seller, the amount paid, and the date of the purchase. (d) Public Notice Requirement.--A secondary metal recycling agent shall display, at its principal place of business and at any site at which secondary metal is accepted by or for the agent, a printed notice advising the public that the sale of stolen secondary metal is prohibited under Federal and State laws. SEC. 6. PROTECTION OF PERSONAL INFORMATION. (a) In General.--A secondary metal recycling agent or the agent, employee, or representative of a secondary metal recycling agent may not disclose the identity of any person from which the agent purchases secondary metal without the consent of the seller except in response to a request from a law enforcement agency or judicial process. (b) Safeguards.--A secondary metal recycling agent shall implement reasonable safeguards-- (1) to protect the security of information required under section 5(b)(1) maintained by that agent; and (2) to prevent unauthorized access to or disclosure of that information. (c) Limits on Liability.--A secondary metal recycling agency shall not be liable to any seller for a disclosure of information required under section 5(b)(1) if the secondary metal recycling agent has met the requirements of subsection (b) of this section. SEC. 7. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--Violation of any provision of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) Regulations.-- (1) In general.--The Commission may promulgate such regulations as it finds necessary or appropriate under this Act. (2) Initial guidance.--Within 6 months after the date of enactment of this Act, the Commission shall promulgate a final rule-- (A) setting forth the minimum requirements for the documentation required by section 5(a); (B) establishing criteria for record retention under section 5(b)(3); (C) establishing requirements for treatment of a seller as a governmental or commercial supplier with an established commercial relationship under section 5(c)(2)(B); (D) establishing public notice requirements under section 5(d); and (E) establishing criteria for safeguards under section 6(b). SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of this Act whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by the violation of this Act or a regulation under this Act by a secondary metal recycling agent doing business in that State. (b) Notice.-- (1) Notice required.--At least 30 days before filing an action under subsection (a), the attorney general of the State involved shall provide to the Federal Trade Commission-- (A) written notice of the action; and (B) a copy of the complaint for the action. (2) Authorization to proceed.--The State may bring the action if it does not receive a request from the Federal Trade Commission, within 30 days after the Commission receives the notice, not to proceed with its action. (c) Federal Proceedings.--After receiving notice under subsection (b), the Commission may-- (1) request that the State not proceed with the action pending the final disposition of a pending Federal proceeding or action; (2) initiate an action in the appropriate United States district court and move to consolidate all pending actions, including State actions, in such court; (3) intervene in the action brought under subsection (a); or (4) file petitions for appeal of a decision in such action. (c) Pending Federal Proceedings.--If the Federal Trade Commission has instituted an enforcement action against a secondary metal recycling agent for a violation of this Act or any regulation under this Act, a State may not bring an action, during the pendency of the Commission's enforcement action, under this section against that secondary metal recycling agent for any violation alleged in the Commission's enforcement action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section regarding notification shall be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to-- (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.-- (1) Venue.--Any action brought under subsection (a) may be brought in-- (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process.--In an action brought under subsection (a), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 9. CIVIL PENALTY. The knowing violation of any provision of this Act is punishable by a civil penalty of not to exceed $10,000. SEC. 10. STATE AND LOCAL LAW NOT PREEMPTED. Nothing in this Act preempts any State or local law regulating the sale or purchase of secondary metal. SEC. 11. DEFINITIONS. In this Act: (1) Secondary metal.--The term ``secondary metal'' means-- (A) wire or cable commonly used by communications and electrical utilities; and (B) copper, aluminum, or other metal (including any metal combined with other materials) that is valuable for recycling or reuse as raw metal. (2) Secondary metal recycling agent.--The term ``secondary metal recycling agent'' means any person engaged in the business of purchasing secondary metal for reuse or recycling, without regard to whether that person is engaged in the business of recycling or otherwise processing the purchased secondary metal for reuse. SEC. 12. EFFECTIVE DATE. Except as required by section 7(b)(2), this Act shall take effect 6 months after the date of enactment.

Summary: Secondary Metal Theft Prevention Act of 2009 - Expresses the sense of Congress that government agencies should work with representatives of the secondary metal recycling industry to combat the theft and sale of stolen secondary metal. Defines "secondary metal" as: (1) wire or cable commonly used by communications and electrical utilities; and (2) copper, aluminum, or other metal (including when combined with other materials) that is valuable for recycling or reuse as raw metal. Makes it unlawful to sell certain secondary metal unless the seller documents ownership and maintains written or electronic records of each secondary metal purchase. Includes within the prohibition: (1) secondary metal that is marked with the name, logo, or initials of a railroad, a utility company, or a state or local government; (2) highway or street poles, fixtures, rails, or signs; (3) unused or undamaged building construction or utility material; (4) historical markers or grave markers; and (5) large bulk containers for beer. Prohibits cash purchases of secondary metal in excess of $75 or small multiple cash purchases within a 48-hour period. Requires purchasers of secondary metal in excess of $75 to pay by check. Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act. Imposes a civil penalty for violations. Declares that this Act does not preempt any state or local law regulating the sale or purchase of secondary metal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing for Tomorrow's Schools Act of 2014''. SEC. 2. STATE INFRASTRUCTURE BANK PILOT PROGRAM. (a) Establishment.-- (1) Cooperative agreements.--Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans-- (A) to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)); (B) to public libraries for building or repairing library facilities; (C) to eligible charter school entities for use for the objective described in section 5224(2) of such Act (20 U.S.C. 7223c(2)) consistent with subpart 2 of part B of title V of such Act (20 U.S.C. 7223 et seq.); and (D) to community learning centers to connect and improve broadband services. (2) Interstate compacts.--Congress grants consent to two or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding.--The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submission of such application. (c) Infrastructure Bank Requirements.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be-- (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan to an eligible charter school entity, local educational agency, public library, or community learning center will not exceed 30 years after the date of the first payment on the loan under paragraph (5); (8) ensure that the funds loaned annually that are used under subsection (a)(1)(C) are limited to a percentage of the total funds loaned that does not exceed the percentage of elementary and secondary school students in the State enrolled in charter schools during the most recent school year for which enrollment data are available; (9) ensure that the funds loaned annually under subsection (a)(1)(D) are used exclusively to connect and improve broadband services; and (10) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of Assistance From Infrastructure Banks.-- (1) In general.--An infrastructure bank established under this section may make loans in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans.--An application to an infrastructure bank for a loan shall include-- (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote the conservation of energy, water, or waste; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submission. (3) Criteria for loans.--In considering applications for a loan to an eligible charter school entity, local educational agency, public library, or community learning center, an infrastructure bank shall consider-- (A) the extent to which the eligible charter school entity, local educational agency, public library, or community learning center involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency's bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; (D) the age of such facility; and (E) demonstrated need to connect and improve broadband services in the local community. (e) Qualifying Projects.-- (1) In general.--Subject to subsection (a)(1), a project is eligible for a loan from an infrastructure bank if it is a project that consists of-- (A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (B) the repair, rebuilding, or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental or health hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of-- (i) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (H) work that will enable efficient use of available energy resources; (I) work that will reduce reliance on fossil fuels and expand use of solar power, wind power, and other renewable energy resources; (J) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; (K) work to construct new public library facilities or repair or upgrade existing public library facilities; (L) work to connect entities described in subsection (a)(1) to broadband services, and to improve such connections for such entities; or (M) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution. (2) Davis-bacon.--The wage requirements of the Act of March 3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a et seq.) shall apply with respect to individuals employed on the projects described in paragraph (1). (3) Green practices.--An entity using a loan under this section to fund a new construction or renovation project described in paragraph (1) shall ensure that the project is certified, verified, or consistent with State laws, regulations, and any applicable provisions of-- (A) the LEED Green Building Rating System; (B) Living Building Challenge; (C) the CHPS green building rating program developed by the Collaborative for High Performance Schools; or (D) a program that-- (i) has equivalent or more stringent standards; (ii) is adopted by the State or another jurisdiction with authority over the entity; and (iii) includes a verifiable method to demonstrate compliance with such program. (f) Supplementation.--Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on Repayments.--Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial Requirements.--In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States Not Obligated.--The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal Funds.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program Administration.--For each of fiscal years 2015 through 2019, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial Review.--The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of Appropriations.--For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $500,000,000 for fiscal year 2015 and for each of the 4 succeeding fiscal years. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Community learning center.--The term ``community learning center'' has the meaning given such term in section 4201(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171(b)(1)). (2) Eligible charter school entity.--The term ``eligible charter school entity'' means-- (A) a charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i)); or (B) a developer (as so defined) that has applied to an authorized public chartering agency (as so defined) to operate a charter school. (3) Local educational agency.--(A) The term ``local educational agency'' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (4) Outlying area.--The term ``outlying area'' means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (5) Public library.--The term ``public library'' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library that-- (A) makes its services available to the public free of charge; (B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; (C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (D) is not an integral part of an institution of higher education. (6) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.

Summary: Investing for Tomorrow's Schools Act of 2014 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with states to establish state and multistate infrastructure banks that make loans to local educational agencies, public libraries, and charter schools or their developers to construct or renovate public elementary or secondary schools and public libraries. Requires loans also to community learning centers to connect and improve broadband services. Grants congressional consent to states for interstate compacts to establish multistate infrastructure banks. Directs the Secretary to make grants to such banks to provide initial capital for such loans. Requires states to contribute from nonfederal sources at least 25% of the amount of each federal capitalization grant made to the state and contributed to the bank. Lists types of projects eligible for such bank loans. Requires borrowers to use, to the maximum extent practicable, green construction or renovation practices that are consistent with: (1) Leadership in Energy and Environmental Design (LEED) green building rating standards, (2) Energy Star standards, (3) Collaborative for High Performance Schools (CHPS) criteria, (4) Green Building Initiative environmental design and rating standards (Green Globes), or (5) equivalent standards adopted by the entities that have jurisdiction over them.


SECTION 1. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST DISADVANTAGED COMMUNITIES. Section 629 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5197h) is amended to read as follows: ``SEC. 629. EMERGENCY PREPAREDNESS DEMONSTRATION PROGRAM TO ASSIST DISADVANTAGED COMMUNITIES. ``(a) In General.--The Director shall establish an emergency preparedness demonstration program to research and promote the capacity of disadvantaged communities to carry out programs to provide data, information, and awareness education by providing grants to or executing contracts or cooperative agreements with eligible nonprofit organizations to establish and conduct such programs. ``(b) Activities Supported.--An eligible nonprofit organization may use a grant, contract, or cooperative agreement awarded under this section-- ``(1) to conduct research into the status of emergency preparedness and disaster response awareness in households of disadvantaged individuals located in urban and rural communities, particularly in those States and regions most impacted by natural and manmade disasters and emergencies; and ``(2) to develop and promote awareness of emergency preparedness education programs within disadvantaged communities, including development and preparation of culturally competent educational and awareness materials that can be used to disseminate information to organizations and institutions serving disadvantaged individuals. ``(c) Eligible Organizations.--An organization shall be eligible to be awarded a grant, contract, or cooperative agreement under this section with respect to a program if the organization is a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under section 501(a) of such Code, whose primary mission is to provide services to disadvantaged communities, and that can demonstrate a partnership with a disadvantaged business enterprise, including enterprises located in a HUBZone, with respect to the program. ``(d) Use of Funds.--A recipient of a grant, contract, or cooperative agreement awarded under this section may only use the proceeds of the grant, contract, or agreement to-- ``(1) acquire expert professional services necessary to conduct research in disadvantaged communities, including African American and Hispanic communities; ``(2) develop and prepare informational materials to promote awareness among disadvantaged communities about emergency preparedness and how to protect their households and communities in advance of disasters; ``(3) establish consortia with national organizations serving disadvantaged individuals, institutions of higher education serving disadvantaged individuals, and faith-based institutions to disseminate information about emergency preparedness to disadvantaged communities; and ``(4) implement a joint project with an institution serving disadvantaged individuals, including a part B institution (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), an institution described in subparagraph (A), (B), or (C) of section 326(e)(1) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), and a Hispanic-serving institution (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))). ``(e) Application and Review Procedure.--To be eligible to receive a grant, contract, or cooperative agreement under this section, an organization must submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director shall establish a procedure by which to accept such applications. ``(f) Definitions.--In this section, the following definitions apply: ``(1) Disadvantaged business enterprise.--The term `disadvantaged business enterprise' means a business enterprise owned and controlled by disadvantaged individuals. ``(2) Disadvantaged community.--The term `disadvantaged community' means a community predominately populated by disadvantaged individuals. ``(3) Disadvantaged individual.--The term `disadvantaged individual' means a socially or economically disadvantaged individual as defined by section 8(a) of the Small Business Act (15 U.S.C. 637(a)). ``(4) HUBZone.--The term `HUBZone' has the meaning given such term in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). ``(g) Authorization of Appropriation.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2004 through 2007. Such sums shall remain available until expended.''.

Summary: Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to change the eligibility standard for assistance under the emergency preparedness demonstration program established by such Act from "minority communities" to "disadvantaged communities." Defines "disadvantaged communities" as a communities predominantly populated by socially or economically disadvantaged individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c). (2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. (5) Off highway vehicle.--The term ``off highway vehicle'' means any motorized vehicle designed for or capable of cross- country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA. (a) In General.--To promote environmentally responsible off highway vehicle recreation, the area generally depicted as ``Proposed Clear Creek National Recreation Area'' on the map titled ``Proposed Clear Creek National Recreation Area'' and dated December 15, 2015, is established as the ``Clear Creek National Recreation Area'', to be managed by the Secretary. (b) Other Purposes.--The Recreation Area shall also support other public recreational uses, such as hunting, hiking, and rock and gem collecting. (c) Map on File.--Copies of the map referred to in subsection (a) shall be on file and available for public inspection in-- (1) the Office of the Director of the Bureau of Land Management; and (2) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall-- (1) prioritize environmentally responsible off highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses in accordance with the management plan described in subsection (c); (2) issue special recreation permits for motorized and non- motorized events; and (3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law. (c) Interim Management Plan.--The Secretary shall use the 2006 Clear Creek Management Area Resource Management Plan Amendment and Route Designation Record of Decision as modified by this Act or the Secretary to incorporate natural resource protection information not available in 2006, as the basis of an interim management plan to govern off highway vehicle recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d). (d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that-- (1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (2) shall be prepared in consultation with-- (A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties); (B) adjacent land owners; (C) other stakeholders (including conservation and recreational organizations); and (D) holders of any easements, rights-of-way, and other valid rights in the Recreation Area; (3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including off-highway vehicle recreation; (4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area; (5) shall designate as many previously used trails, roads, and other areas for off highway vehicle recreation as feasible in accordance with this in order to provide a substantially similar recreational experience, except that nothing in this paragraph shall be construed as precluding the Secretary from closing any area, trail, or route from use for the purposes of public safety or resource protection; (6) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act; (7) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act; (8) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and (9) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act. (e) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area. (f) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act. (g) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or (2) shall affect any water rights existing on the date of the enactment of this Act. (h) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (d)(4) shall be-- (1) deposited in a special account in the Treasury of the United States; and (2) made available until expended to the Secretary for use in the Recreation Area. (m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (section 300 of title 40, Code of Federal Regulations), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA. (a) Finding.--Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the San Benito Mountain wilderness study area has been adequately studied for wilderness designation. (b) Release.--The San Benito Mountain wilderness study area is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 7. CLARIFICATION REGARDING FUNDING. No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 5, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: Clear Creek National Recreation Area and Conservation Act (Sec. 3) This bill establishes the Clear Creek National Recreation Area in California to promote environmentally responsible off-highway vehicle recreation and support other public recreational uses, including hunting, hiking, and rock and gem collecting. (Sec. 4) The Department of the Interior shall: prioritize environmentally responsible off-highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses; issue special recreation permits for motorized and nonmotorized events; and reopen the Clear Creek Management Area to such uses. Interior shall use the 2006 Clear Creek Management Area Travel Management Plan, as modified by this bill or by Interior, to incorporate natural resource protection information unavailable in 2006 as the basis for an interim management plan to govern off-highway vehicle recreation in the Recreation Area. Interior shall create a comprehensive management plan for the Recreation Area, which shall include: a hazards education program to inform people entering the Recreation Area of the asbestos-related risks associated with various activities within the recreation area, including off-highway vehicle recreation; and a user fee program for motorized vehicle use and guidelines for the use of the funds collected for the management and improvement of the recreation area. Interior may acquire by purchase from willing sellers, donation, or exchange: lands adjacent to the Recreation Area, and lands or interests in land to improve public safety in allowing access to the Recreation Area. Landowners must be given adequate access to inholdings within the Recreation Area. Private land adjacent to the Recreation Area to which there is no practicable access except through the recreation area shall be managed as an inholding. Nothing in this bill: creates a protective perimeter or buffer zone around the Recreation Area, constitutes a reservation by the United States of any water or water rights, limits hunting or fishing, or affects state authority to manage or regulated fish and resident wildlife. The use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan. Livestock grazing shall be allowed to continue in certain parts of the Recreation Area. The bill withdraws all federal land within the Recreation Area from: (1) all forms of entry, appropriations, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The National Oil and Hazardous Substances Pollution Contingency Plan shall not apply to Interior's management of asbestos exposure risks faced by the public when recreating within the Recreation Area. (Sec. 5) The bill designates approximately 21,000 acres of identified federal lands in Fresno and San Benito Counties, California, as the Joaquin Rocks Wilderness, and a component of the National Wilderness Preservation System. (Sec. 6) The bill also releases the San Benito Mountain Wilderness Study Area from specified requirements applicable to public lands subject to a wilderness review. (Sec. 7) No additional funds are authorized to carry out this bill's requirements, and those requirements shall be carried out using amounts otherwise authorized.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Retail Sales Stimulus Act of 2001''. SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary shall reimburse each State for the amount of State and local sales tax payable and not collected during the sales tax holiday period. (b) Determination and Timing of Reimbursement.-- (1) Predetermined amount.--Not later than 30 days after the expiration of the sales tax holiday period, the Secretary shall pay to each State an amount equal to the sum of-- (A)(i) the amount of State and local sales tax payable and collected in such State during the same period in 2000 as the sales tax holiday period, times (ii) an acceleration factor equal to 1.73, plus (B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs. (2) Reconciliation amount.--Not later than 60 days after the expiration of the sales tax holiday period, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of-- (A) the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over (B) the amount determined under paragraph (1)(A) and paid to such State. (c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless-- (1) the chief executive officer of the State informs the Secretary, not later than 10 days after the date of the enactment of this Act, of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period, (2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)-- (A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than 10 days after the date of the enactment of this Act, of the intention of the State to make such an election, (B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than 10 days after the date of the enactment of this Act, of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period, (C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than 45 days after the expiration of the sales tax holiday period, the amount determined under subsection (b)(2) in a manner specified by the Secretary, (D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than 60 days after the expiration of the sales tax holiday period, and (E) the chief executive officer of the State certifies that such State-- (i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2000 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and (ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently, (3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period, (4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and (5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C). (d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census. (e) Definitions.--For purposes of this section-- (1) Home rule state.--The term ``home rule State'' means a State that does not control imposition and administration of local taxes. (2) Local.--The term ``local'' means a city, county, or other subordinate revenue or taxing authority within a State. (3) Sales tax.--The term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds, and (ii) can or is required to be directly collected by retail sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. (4) Sales tax holiday period.--The term ``sales tax holiday period'' means the 30-day period beginning on the 21st day occurring after the date of the enactment of this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. (7) Use tax.--The term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.

Summary: Consumer and Retail Sales Stimulus Act of 2001 - Directs the Secretary of the Treasury to reimburse States for the amount of State and local sales tax payable and not collected during the sales tax holiday period. Sets forth requirements and formulae for determining the amount and timing of reimbursement.