SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Victims Housing Act''. SEC. 2. DEFINITIONS. In this Act: (1) Abuse.--The term ``abuse'' includes any act that constitutes or causes, any attempt to commit, or any threat to commit-- (A) any bodily injury or physical illness, including placing, by physical menace, another in fear of imminent serious bodily injury; (B) any rape, sexual assault, or involuntary sexual activity, or any sexual activity with a dependent child; (C) the infliction of false imprisonment or other nonconsensual restraints on liberty of movement; (D) deprivation of medical care, housing, food, or other necessities of life; or (E) mental or psychological abuse, including repeated or severe humiliation, intimidation, criticism, acts designed to induce terror, or verbal abuse. (2) Domestic violence.--The term ``domestic violence'' means abuse that is committed against an individual by-- (A) a spouse or former spouse of the individual; (B) an individual who is the biological parent or stepparent of a child of the individual subject to the abuse, who adopted such child, or who is a legal guardian to such a child; (C) an individual with whom the individual subject to the abuse is or was cohabiting; (D) a current or former romantic, intimate, or sexual partner of the individual; or (E) an individual from whom the individual subject to the abuse would be eligible for protection under the domestic violence, protection order, or family laws of the applicable jurisdiction. (3) Family victimized by domestic violence.-- (A) In general.--The term ``family victimized by domestic violence'' means a family or household that includes an individual who has been determined under subparagraph (B) to have been subject to domestic violence, but does not include any individual described in paragraph (3) who committed the domestic violence. The term includes any such family or household in which only a minor or minors are the individual or individuals who was or were subject to domestic violence only if such family or household also includes a parent, stepparent, legal guardian, or other responsible caretaker for the child. (B) Determination that family or individual was subject to domestic violence.--For purposes of subparagraph (A), a determination under this subparagraph is a determination that domestic violence has been committed, which is made by any agency or official of a State or unit of general local government (including a public housing agency) based upon-- (i) information provided by any medical, legal, counseling, or other clinic, shelter, or other program or entity licensed, recognized, or authorized by the State or unit of general local government to provide services to victims of domestic violence; (ii) information provided by any agency of the State or unit of general local government that provides or administers the provision of social, legal, or health services; (iii) information provided by any clergy; (iv) information provided by any hospital, clinic, medical facility, or doctor licensed or authorized by the State or unit of general local government to provide medical services; (v) a petition or complaint filed in a court or law or documents or records of action of any court or law enforcement agency, including any record of any protection order, injunction, or temporary or final order issued by civil or criminal courts or any police report; or (vi) any other reliable evidence that domestic violence has occurred. (4) Public housing agency.--The term ``public housing agency'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (7) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)). SEC. 3. AUTHORIZATION OF APPROPRIATIONS. The budget authority under section 5(c) of the United States Housing Act of 1937 for assistance under subsections (b) and (o) of section 8 of such Act is authorized to be increased by-- (1) $50,000,000 on or after October 1, 1997; and (2) such sums as may be necessary on or after October 1, 1998. SEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE. (a) In General.--Amounts available pursuant to section 3 shall be made available by the Secretary of Housing and Urban Development only to public housing agencies only for use in providing tenant-based rental assistance on behalf of families victimized by domestic violence who have left or who are leaving a residence as a result of the domestic violence. (b) Determination.--For purposes of subsection (a), a family victimized by domestic violence shall be considered to have left or to be leaving a residence as a result of domestic violence, if the public housing agency providing rental assistance under this Act determines that the member of the family who was subject to the domestic violence reasonably believes that relocation from such residence will assist in avoiding future domestic violence against such member or another member of the family. (c) Allocation.--Amounts made available pursuant to section 3 shall be allocated by the Secretary to one or more public housing agencies that submit applications to the Secretary that, in the determination of the Secretary, best demonstrate-- (1) a need for such assistance; and (2) the ability to use that assistance in accordance with this Act.

Summary: Domestic Violence Victims Housing Act - Increases specified authorizations of appropriations under the United States Housing Act of 1937 to provide rental relocation assistance to victims of domestic violence.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Established Provider Act of 2015''. SEC. 2. MEDICARE ESTABLISHED PROVIDER SYSTEM. Title XVIII of the Social Security Act is amended by inserting after section 1893 of such Act (42 U.S.C. 1395ddd) the following new section: ``SEC. 1893A. MEDICARE ESTABLISHED PROVIDER SYSTEM. ``(a) In General.--The Secretary shall develop and implement a system (in this section referred to as the `Medicare Established Provider System') to designate providers of services and suppliers who represent a low risk for submitting fraudulent claims for payment under this title as established providers for purposes of applying the protections described in subsection (c). Under such system-- ``(1) the Secretary shall establish a process, in accordance with subsection (c), under which-- ``(A) providers of services and suppliers may apply for designation as established providers; ``(B) such providers and suppliers who qualify, in accordance with subsection (b), as established providers are so designated (including through the use of entities trained by an Internet training course of the Centers for Medicare & Medicaid Services or through training provided by other specified organizations); and ``(C) such providers and suppliers who no longer qualify as established providers lose such designation; and ``(2) the Secretary shall establish an electronic system for the submission of documentation by providers of services, suppliers, or third parties, with respect to a claim for payment under this title that is under review, for each level of review applicable to such claim. ``(b) Qualifying as Established Providers.--Under such system, to qualify as an established provider for a period with respect to a reporting period (as specified by the Secretary), a provider of services or supplier shall demonstrate, as specified by the Secretary, that-- ``(1) with respect to the reporting period beginning after the date of the enactment of this section, at least 90 percent of claims for payment under this title for items and services furnished by such provider or supplier for which any review was conducted under section 1869 were determined to be eligible for payment or partial payment under this title; and ``(2) of all claims for payment under this title for items and services furnished by such provider or supplier for which an initial determination was made that payment may not be made under this title, at least 90 percent were appealed by such provider or supplier. ``(c) Designation Process.--The process under subsection (a)(1)-- ``(1) shall allow a provider of services or supplier designated as an established provider under this section to demonstrate that the provider or supplier maintains compliance with the qualification requirements under subsection (b) based on annual updates on the status of claims for payment under this title for items and services furnished by such provider or supplier with respect to each level of review, including the number of such claims within each such level of review for which a determination was made that payment should be made, should be partially made, or should not be made under this title; ``(2) shall provide a method through which it may be determined whether or not the qualifying requirements under subsection (b) have been satisfied and maintained by a provider of services or supplier with respect to a period; ``(3) provide for the identification of established providers within appropriate systems of the Centers of Medicare & Medicaid Services; and ``(4) provide for a global track record of compliance by providers of services and suppliers with the qualifying requirements under subsection (b), including by identifying such providers and suppliers by the management company provider number rather than by each individual provider, supplier, or facility, for purposes of efficiency. ``(d) Protections for Established Providers.--Notwithstanding any other provision of law, in the case of a provider of services or supplier designated as an established provider under this section with respect to a period the following protections shall apply: ``(1) With respect to a claim submitted during such period for payment under this title for items or services furnished by such provider or supplier, which is subject to review for whether or not payment should be made under such title and with respect to which an additional documentation request has been issued, payment under this title for such claim may not be withheld unless a final determination has been made that such payment should not be made. ``(2) In the case that a final determination has been made that payment under this title should not have been made with respect to a claim described in paragraph (1), repayment of such payment shall be made electronically by the provider not later than 45 days after notification of such decision. In applying the previous sentence, if the Secretary determines that repayment within such 45-day period would result in a significant hardship to the provider involved, the Secretary may, on a case-by-case basis, extend the 45-day period described in such sentence by such number of days as the Secretary determines appropriate in accordance with a specified repayment plan. ``(3) The Secretary shall provide for a method to apply section 1869 with respect to an initial determination of any claim submitted during such period for payment under this title for items and services furnished by such provider or supplier, without the application of paragraph (3) of section 1869(a) (relating to redeterminations).''.

Summary: Medicare Established Provider Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to develop a system for designating providers that represent a low risk of submitting fraudulent Medicare claims as "established providers" for purposes of applying for special treatment in the claim review process. To qualify as an established provider, a provider must demonstrate that, within a specified timeframe: (1) at least 90% of Medicare claims submitted by the provider were determined to be eligible for full or partial payment, and (2) the provider appealed at least 90% of all Medicare claims that were not initially determined to be eligible for payment. HHS may withhold payment for a Medicare claim made by an established provider only if a final determination has been made that the claim is ineligible for payment. If such a final determination is made, the provider shall repay such payment electronically and within a specified timeframe.


SECTION 1. SHORT TITLE. This Act may be cited as the ``California New River Restoration Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the New River was born out of the Colorado River's occasional flows into the Salton Sink and the erosion of the New River channel which formed the deep river canyon between 1905 and 1907; (2) the New River starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley and drains into the Salton Sea, roughly 66 miles north of the international boundary, and the sub- watershed covers approximately 750 square miles, with 63 percent of that in Mexico and 37 percent in the United States; (3) the New River has been widely recognized for its significant water pollution problems, primarily because of agricultural runoff, raw sewage, pesticides, and discharges of wastes from domestic, agricultural, and industrial sources in Mexico and the Imperial Valley; (4) by the 1980s, the New River acquired the reputation of being one of the most polluted rivers in the United States, with many of the pollutants posing serious human health hazards to local populations, particularly those in Calexico and Mexicali; (5) in 1992, the International Boundary Water Commission's Treaty Minute No. 288 established a sanitation strategy for the New River water quality problems at the international boundary and divided the sanitation projects into two immediate repairs projects, the Mexicali I and the Mexicali II, which totaled about $50 million dollars and were funded by both countries through the North American Development Bank; (6) in 1995, the Environmental Protection Agency provided funds to the California Regional Water Quality Control Board to monitor and document the water quality at the international boundary on a monthly basis; (7) in the late 1990s, the United States and Mexico spent $100 million (45 percent paid by Mexico and 55 percent paid by the United States) to build the Las Arenitas and Zaragoza Wastewater Treatment plants, and untreated New River water passing through four microbial treatment cells at Las Arenitas was then chlorinated and fed into a re-forestation project along the desiccated Rio Hardy which stretches to the Sea of Cortez; (8) a 10-year effort by community groups, lawyers, regulatory agencies, and politicians addressed the problem at the source by federally funding a new sewage treatment plant in Mexicali and developing a site plan for the river on the United States side; (9) in 2009, the State of California required the California-Mexico Border Relations Council to create a strategic plan to study, monitor, remediate, and enhance the New River's water quality to protect human health and develop a river parkway suitable for public use; (10) flows in the New River at the International Boundary with Mexico have been reduced by as much as 40 percent during the last 10 years due to a number of factors which include reduction of agricultural runoff and municipal wastewater discharged into the New River and its tributaries in Mexico; and (11) the existing and ongoing voluntary conservation efforts at the New River necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non-Federal resources, including through installation of a large trash screen, a new pump station, aeration devices, a disinfection facility, and managed wetlands. SEC. 3. DEFINITIONS. In this Act: (1) New river.--The term ``New River'' means the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Program.--The term ``program'' means the California New River restoration program established under section 4. (4) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend. (5) Mexican.--The term ``Mexican'' refers to the Federal, State, and local governments of the United Mexican States. SEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``California New River restoration program''. (b) Duties.--In carrying out the program, the Administrator shall-- (1) draw on existing and new management plans for the New River, or portions of the New River, and work in consultation with applicable management entities, including representatives of the Calexico New River Committee, the California-Mexico Border Relations Council, the New River Improvement Project Technical Advisory Committee, the Federal Government, State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities relating to the New River; (2) adopt a New River-wide strategy that-- (A) supports the implementation of a shared set of science-based restoration and protection activities identified in accordance with paragraph (1); (B) targets cost-effective projects with measurable results; and (C) maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; and (3) provide grants and technical assistance in accordance with section 5. (c) Coordination.--In establishing the program, the Administrator shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Secretary of the Interior; (B) the Secretary of Agriculture; (C) the Administrator of General Services; (D) the Commissioner of the International Boundary Water Commission; and (E) the head of any other applicable agency; (2) the Governor of California; (3) the Imperial Irrigation District; (4) the Colorado River Basin Regional Water Quality Control Board; and (5) other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the New River in both the United States and Mexico. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities, among Mexican, Federal, State, local, and regional entities and conservation partners, relating to the New River; and (2) carrying out coordinated restoration and protection activities, and providing for technical assistance relating to the New River-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access to, and recreation in and along, the New River consistent with the ecological needs of fish and wildlife habitat; (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities relating to the New River; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (H) to provide technical assistance to carry out restoration and protection activities relating to the New River. SEC. 5. GRANTS AND ASSISTANCE. (a) In General.--In carrying out the program, the Administrator shall provide grants and technical assistance to State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico, to carry out the purposes of the program. (b) Criteria.--The Administrator, in consultation with the organizations described in section 4(c), shall develop criteria for providing grants and technical assistance under this section to ensure that such activities accomplish one or more of the purposes identified in section 4(d)(2) and advance the implementation of priority actions or needs identified in the New River-wide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project for which a grant is provided under this section shall not exceed 55 percent of the total cost of the activity, as determined by the Administrator. (2) Non-federal share.--The non-Federal share of the cost of a project for which a grant is provided under this section may be provided in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services. (2) Funding.--If the Administrator enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the program; and (C) otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this Act. SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act, goals established by New River-wide strategy, and the status of all such projects that are in progress on the date of submission of the report.

Summary: California New River Restoration Act of 2016 This bill requires the Environmental Protection Agency (EPA) to establish a California New River restoration program for the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. In carrying out the program, the EPA must: (1) adopt a New River-wide strategy, and (2) provide grants and technical assistance for coordinating restoration and protection activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Asset Investment and Modernization (AIM) Act of 2010''. SEC. 2. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM. Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (1) in clause (i), by striking ``$1,500,000'' and inserting ``$5,000,000''; (2) in clause (ii), by striking ``$2,000,000'' and inserting ``$5,000,000''; (3) in clause (iii), by striking ``$4,000,000'' and inserting ``$5,500,000''; (4) in clause (iv), by striking ``$4,000,000'' and inserting ``$5,500,000''; and (5) in clause (v), by striking ``$4,000,000'' and inserting ``$5,500,000''. SEC. 3. LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM. Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following: ``(8) Temporary authority for debt refinancing of commercial real estate.-- ``(A) In general.--During the period beginning on the date of enactment of this paragraph and ending on September 30, 2012, notwithstanding paragraph (7), the Administrator may approve, for financing under this title, the refinancing of indebtedness that is secured by a lien on commercial real estate or equipment of a small business concern under such terms and conditions as the Administrator determines appropriate, except at a minimum such terms and conditions shall include the following: ``(i) The existing indebtedness is maturing not more than one year after the loan approval date. ``(ii) The proceeds of the existing indebtedness were used to acquire land, including a building situated thereon, to construct a building thereon, or to purchase equipment. ``(iii) The small business concern has been current on all payments due on the existing indebtedness for a period beginning on a date that is not less than 1 year before the date of refinancing and ending on the date of refinancing. ``(iv) At the time of refinancing, the lien shall be assigned or released in a manner that ensures that the financing under this title is in the same lien position as the existing indebtedness. ``(v) The existing indebtedness was incurred for the benefit of the small business concern. ``(vi) The financing under this title will be used only for refinancing existing indebtedness or costs relating to such refinancing. ``(vii) The amount being refinanced may not exceed 90 percent of the appraised value of the commercial real estate or equipment on the date of refinancing or 100 percent of the outstanding principal amount of the existing indebtedness, whichever is less, plus allowable closing costs as determined by the Administrator. ``(viii) Notwithstanding any other provision of this title, for a refinancing under this paragraph-- ``(I) not less than 50 percent of the appraised value of the commercial real estate or equipment on the date of refinancing shall come from the institutions described in subclauses (I), (II) or (III) of paragraph (3)(B)(i): Provided, That if the indebtedness being refinanced pursuant to this paragraph is held by such an institution, or an affiliate thereof, that is providing funds for the refinancing, the institution shall contribute not less than 70 percent of such appraised value of the commercial real estate or equipment; and ``(II) the remaining funds needed for the refinancing (including closing costs) shall come from the development company. ``(ix) In addition to the other fees imposed under this title, the Administrator shall assess, collect, and retain such annual fees in amounts necessary to reduce to zero the cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the Administrator of making guarantees under the authority of section 503(a) with respect to refinancings under this paragraph. ``(x) The temporary fee elimination authorized under section 501(b) of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, shall not apply to any refinancing made under this paragraph. ``(xi) No fee reduction or elimination applicable to loans under this title shall apply to loans under this paragraph. ``(xii) No portion of the indebtedness may be subject to a guarantee by a Federal agency. ``(xiii) The development company may charge the small business concern a processing fee of up to 50 basis points more than the amount that the Administrator authorizes under section 120.971(a)(1) of title 13, Code of Federal Regulations, as in effect on January 1, 2010. ``(B) Total amount of loans.--The Administrator may provide not more than a total of $7,500,000,000 of financing under this paragraph for each fiscal year. ``(C) Nondelegation.--Notwithstanding section 508(e) of this title, the Administrator may not permit a premier certified lender to approve or disapprove an application for assistance under this paragraph. ``(D) Term appointments.-- ``(i) To carry out the authority under this paragraph, the Administrator may authorize term appointments within the Administration under subchapter I of chapter 33 of title 5, United States Code, for a period of not less than 1 year and not more than 6 years. ``(ii) Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration without further competition if-- ``(I) such individual was appointed under open, competitive examination under subchapter I of chapter 33 of title 5, United States Code, to the term position; ``(II) the announcement for the term appointment from which the conversion is made stated that there was potential for subsequent conversion to a career-conditional or career appointment; ``(III) the employee has completed at least 2 years of current continuous service under a term appointment in the competitive service; ``(IV) the employee's performance under such term appointment was at least fully successful or equivalent; and ``(V) the position to which such employee is being converted under this section is in the same occupational series, is in the same geographic location, and provides no greater promotion potential than the term position for which the competitive examination was conducted. ``(iii) Notwithstanding chapter 33 of title 5, United States Code, or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, the Administrator may convert an employee serving under a term appointment to a permanent appointment in the competitive service within the Administration through internal competitive promotion procedures if the conditions under subclauses (I) through (IV) of subparagraph (D)(ii) are met. ``(iv) An employee converted under this subparagraph becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure. ``(v) An employee converted to career or career-conditional employment under this subparagraph acquires competitive status upon conversion. ``(E) Elimination of pension offset for certain rehired federal retirees.-- ``(i) In general.--To carry out the authority under this paragraph, the Administrator may waive the application of section 8344 or 8468 of title 5, United States Code, on a case-by-case basis for employment of an annuitant. ``(ii) Procedures.--The Administrator shall prescribe procedures for the exercise of authority under this subparagraph, including-- ``(I) criteria for any exercise of authority; and ``(II) procedures for a delegation of authority. ``(iii) Effect of waiver.--An employee as to whom a waiver under this subparagraph is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84, of title 5, United States Code. ``(F) Emergency rulemaking authority.-- ``(i) The Administrator shall-- ``(I) not later than 90 days after the date of enactment of the Small Business Asset Investment and Modernization (AIM) Act of 2010, without providing notice or opportunity for comment, issue interim regulations implementing this paragraph; and ``(II) not later than 180 days after the date of enactment of the Small Business Asset Investment and Modernization (AIM) Act of 2010, after providing notice and opportunity for comment, issue final regulations implementing this paragraph. ``(ii) The interim regulations issued under clause (i)(I) shall cease to be effective on the date that the Administrator issues final regulations under clause (i)(II).''.

Summary: Small Business Asset Investment and Modernization (AIM) Act of 2010 - Amends the Small Business Investment Act of 1958 concerning the 504 program (Small Business Administration [SBA] financings to small businesses through certified development companies) to increase maximum program loan amounts. Authorizes the Administrator of the SBA, from the date of enactment of this Act through FY2012, to approve under such program the refinancing of indebtedness that is secured by a lien on commercial real estate or equipment of a small business, under specified terms and conditions. Limits to $7.5 billion the total amount of such financing in a fiscal year. Authorizes the Administrator, in order to carry out such program, to make personnel appointments of at least one year and not more than six years. Allows the Administrator to eliminate the pension offset for the reemployment of retired federal employees for such purposes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Jackson Higgins Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Andrew Jackson Higgins was born on August 28, 1886, in Columbus, Nebraska, moved to New Orleans in 1910, and formed Higgins Industries on September 26, 1930; (2) Andrew Jackson Higgins designed, engineered, and produced the ``Eureka'', a unique shallow draft boat, the design of which evolved during World War II into 2 basic classes of military craft, high speed PT boats, and types of Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs); (3) Andrew Jackson Higgins designed, engineered, and constructed 4 major assembly line plants in New Orleans for mass production of Higgins landing craft, and other vessels vital to the Allied Forces' conduct of World War II; (4) Andrew Jackson Higgins bought the entire 1940 Philippine mahogany crop and other material purely at risk without a Government contract, anticipating that America would join World War II and that Higgins Industries would need the wood to build landing craft, and Higgins also bought steel, engines, and other material necessary to construct landing craft; (5) Andrew Jackson Higgins, through Higgins Industries, employed a fully integrated assembly line work force, black and white, male and female, of up to 30,000 during World War II, with equal pay for equal work; (6) in 1939, the United States Navy had a total of 18 landing craft in the fleet; (7) from November 18, 1940, when Higgins Industries was awarded its first contract for Higgins landing craft until the conclusion of the war, the employees of Higgins Industries produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and nearly 8,000 other landing craft of all types; (8) during World War II, Higgins Industries employees produced 20,094 boats, including landing craft and Patrol Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard personnel on the safe operation of landing craft at the Higgins' Boat Operators School; (9) on Thanksgiving Day 1944, General Dwight D. Eisenhower stated in an address to the Nation, ``Let us thank God for Higgins Industries, management, and labor which has given us the landing boats with which to conduct our campaign.''; (10) Higgins landing craft, constructed of wood and steel, transported fully armed troops, light tanks, field artillery, and other mechanized equipment essential to amphibious operations; (11) Higgins landing craft made the amphibious assault on D-day and the landings at Leyte, North Africa, Guadalcanal, Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well- known assaults possible; (12) Captain R.R.M. Emmett, a commander at the North Africa amphibious landing, and later commandant of the Great Lakes Training Station, wrote during the war, ``When the history of this war is finally written by historians, far enough removed from its present turmoil and clamor to be cool and impartial, I predict that they will place Mr. (Andrew Jackson) Higgins very high on the list of those who deserve the commendation and gratitude of all citizens.''; and (13) in 1964, President Dwight D. Eisenhower told historian Steven Ambrose, ``He (Higgins) is the man who won the war for us. If Higgins had not developed and produced those landing craft, we never could have gone in over an open beach. We would have had to change the entire strategy of the war.''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The President is authorized, on behalf of Congress, to award a gold medal of appropriate design to-- (A) the family of Andrew Jackson Higgins, honoring Andrew Jackson Higgins (posthumously) for his contributions to the Nation and world peace; and (B) the D-day Museum in New Orleans, Louisiana, for public display, honoring Andrew Jackson Higgins (posthumously) and the employees of Higgins Industries for their contributions to the Nation and world peace. (2) Modalities.--The modalities of presentation of the medals under this Act shall be determined by the President, after consultation with the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medals struck under this Act, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $60,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Summary: Andrew Jackson Higgins Gold Medal Act - Authorizes the President to present on behalf of Congress a gold medal to: (1) the family of Andrew Jackson Higgins, honoring his contributions to the Nation and world peace; and (2) the D-Day Museum in New Orleans, Louisiana, for public display, honoring Higgins and the employees of Higgins Industries for their contributions to the Nation and world peace.Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Victims with Disabilities Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Adults with disabilities experience violence or abuse at least twice as often as people without disabilities. (2) Women with disabilities are more likely to be victimized, to experience more severe and prolonged violence, and to suffer more serious and chronic effects from that violence, than women without such disabilities. (3) An estimated 5,000,000 crimes are committed against individuals with developmental disabilities annually. (4) Over 70 percent of crimes committed against individuals with developmental disabilities are not reported. SEC. 3. PURPOSE. (a) In General.--The purpose of this Act is to increase the awareness, investigation, prosecution, and prevention of crimes against individuals with a disability, including developmental disabilities, and improve services to those who are victimized, by facilitating collaboration among the criminal justice system and a range of agencies and other organizations that provide services to individuals with disabilities. (b) Need for Collaboration.--Collaboration among the criminal justice system and agencies and other organizations that provide services to individuals with disabilities is needed to-- (1) protect individuals with disabilities by ensuring that crimes are reported, and that reported crimes are actively investigated by both law enforcement agencies and agencies and other organizations that provide services to individuals with disabilities; (2) provide prosecutors with adequate training to ensure that crimes against individuals with disabilities are appropriately and effectively addressed in court; and (3) promote communication among criminal justice agencies, and agencies and other organizations that provide services to individuals with disabilities, including Victim Assistance Organizations, to ensure that the needs of crime victims with disabilities are met. SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM. The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH DISABILITIES ``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM GRANTS. ``(a) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means a State, unit of local government, Indian tribe, or tribal organization that applies for a grant under this section. ``(2) Collaboration program.--The term `collaboration program' means a program to ensure coordination between or among a criminal justice agency, an adult protective services agency, a victim assistance organization, and an agency or other organization that provides services to individuals with disabilities, including but not limited to individuals with developmental disabilities, to address crimes committed against individuals with disabilities and to provide services to individuals with disabilities who are victims of crimes. ``(3) Criminal justice agency.--The term `criminal justice agency' means an agency of a State, unit of local government, Indian tribe, or tribal organization that is responsible for detection, investigation, arrest, enforcement, adjudication, or incarceration relating to the violation of the criminal laws of that State, unit of local government, Indian tribe, or tribal organization, or an agency contracted to provide such services. ``(4) Adult protective services agency.--The term `adult protective services agency' means an agency that provides adult protective services to adults with disabilities, including-- ``(A) receiving reports of abuse, neglect, or exploitation; ``(B) investigating the reports described in subparagraph (A); ``(C) case planning, monitoring, evaluation, and other casework and services; and ``(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services for adults with disabilities. ``(5) Day program.--The term `day program' means a government or privately funded program that provides care, supervision, social opportunities, or jobs to individuals with disabilities. ``(6) Implementation grant.--The term `implementation grant' means a grant under subsection (e). ``(7) Individuals with disabilities.--The term `individuals with disabilities' means individuals-- ``(A) 18 years of age or older; and ``(B) whose ability to provide for their own health, safety, or welfare is compromised because of-- ``(i) a developmental, cognitive, physical, or other disability; or ``(ii) a lack of sufficient understanding or capacity to make or communicate responsible decisions concerning their person or affairs. ``(8) Planning grant.--The term `planning grant' means a grant under subsection (f). ``(9) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(10) Unit of local government.--The term `unit of local government' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. ``(b) Authorization.--In consultation with the Secretary, the Attorney General may make grants to applicants to prepare a comprehensive plan for or to implement a collaboration program that provides for-- ``(1) the investigation and remediation of instances of abuse of or crimes committed against individuals with disabilities; or ``(2) the provision of services to individuals with disabilities who are the victims of a crime or abuse. ``(c) Use of Funds.--A grant under this section shall be used for a collaborative program that-- ``(1) receives reports of abuse of individuals with disabilities or crimes committed against such individuals; ``(2) investigates and evaluates reports of abuse of or crimes committed against individuals with disabilities; ``(3) visits the homes or other locations of abuse, and, if applicable, the day programs of individuals with disabilities who have been victims of abuse or a crime for purposes of, among other things, assessing the scene of the abuse and evaluating the condition and needs of the victim; ``(4) identifies the individuals responsible for the abuse of or crimes committed against individuals with disabilities; ``(5) remedies issues identified during an investigation described in paragraph (2); ``(6) prosecutes the perpetrator, where appropriate, of any crime identified during an investigation described in paragraph (2); and ``(7) provides services to and enforces statutory rights of individuals with disabilities who are the victims of a crime. ``(d) Applications.-- ``(1) In general.--To receive a planning grant or an implementation grant, an applicant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General, in consultation with the Secretary, may reasonably require, in addition to the information required by subsection (e)(1) or (f)(1), respectively. ``(2) Combined planning and implementation grant application.-- ``(A) In general.--The Attorney General, in consultation with the Secretary, shall develop a procedure allowing an applicant to submit a single application requesting both a planning grant and an implementation grant. ``(B) Conditional grant.--The award of an implementation grant to an applicant submitting an application under subparagraph (A) shall be conditioned on successful completion of the activities funded under the planning grant, if applicable. ``(e) Planning Grants.-- ``(1) Applications.--An application for a planning grant shall include, at a minimum-- ``(A) a budget; ``(B) a budget justification; ``(C) a description of the outcome measures that will be used to measure the effectiveness of the program; ``(D) a schedule for completing the activities proposed in the application; and ``(E) a description of the personnel necessary to complete activities proposed in the application. ``(2) Period of grant.--A planning grant shall be made for a period of 1 year, beginning on the first day of the month in which the planning grant is made. ``(3) Amount.--The amount of planning grant shall not exceed $50,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. ``(4) Limit on number.--The Attorney General, in consultation with the Secretary, shall not make more than 1 such planning grant to any State, unit of local government, Indian tribe, or tribal organization. ``(f) Implementation Grants.-- ``(1) Implementation grant applications.--An application for an implementation grant shall include the following: ``(A) Collaboration.--An application for an implementation grant shall-- ``(i) identify not fewer than 1 criminal justice enforcement agency or adult protective services organization and not fewer than 1 agency, crime victim assistance program, or other organization that provides services to individuals with disabilities that will participate in the collaborative program; and ``(ii) describe the responsibilities of each participating agency or organization, including how each agency or organization will use grant funds to facilitate improved responses to reports of abuse and crimes committed against individuals with disabilities. ``(B) Guidelines.--An application for an implementation grant shall describe the guidelines that will be developed for personnel of a criminal justice agency, adult protective services organization, crime victim assistance program, and agencies or other organizations responsible for services provided to individuals with disabilities to carry out the goals of the collaborative program. ``(C) Financial.--An application for an implementation grant shall-- ``(i) explain why the applicant is unable to fund the collaboration program adequately without Federal funds; ``(ii) specify how the Federal funds provided will be used to supplement, and not supplant, the funding that would otherwise be available from the State, unit of local government, Indian tribe, or tribal organization; and ``(iii) outline plans for obtaining necessary support and continuing the proposed collaboration program following the conclusion of the grant under this section. ``(D) Outcomes.--An application for an implementation grant shall-- ``(i) identify the methodology and outcome measures, as required by the Attorney General, in consultation with the Secretary, for evaluating the effectiveness of the collaboration program, which may include-- ``(I) the number and type of agencies participating in the collaboration; ``(II) any trends in the number and type of cases referred for multidisciplinary case review; ``(III) any trends in the timeliness of law enforcement review of reported cases of violence against individuals with a disability; and ``(IV) the number of persons receiving training by type of agency; ``(ii) describe the mechanisms of any existing system to capture data necessary to evaluate the effectiveness of the collaboration program, consistent with the methodology and outcome measures described in clause (i) and including, where possible, data regarding-- ``(I) the number of cases referred by the adult protective services agency, or other relevant agency, to law enforcement for review; ``(II) the number of charges filed and percentage of cases with charges filed as a result of such referrals; and ``(III) the period of time between reports of violence against individuals with disabilities and law enforcement review; and ``(iii) include an agreement from any participating or affected agency or organization to provide the data described in clause (ii). ``(E) Form of data.--The Attorney General, in consultation with the Secretary, shall promulgate and supply a common electronic reporting form or other standardized mechanism for reporting of data required under this section. ``(F) Collaboration set aside.--Not less than 5 percent and not more than 10 percent of the funds provided under an implementation grant shall be set aside to procure technical assistance from any recognized State model program or from a recognized national organization, as determined by the Attorney General (in consultation with the Secretary), including the National District Attorneys Association and the National Adult Protective Services Association. ``(G) Other programs.--An applicant for an implementation grant shall describe the relationship of the collaboration program to any other program of a criminal justice agency or other agencies or organizations providing services to individuals with disabilities of the State, unit of local government, Indian tribe, or tribal organization applying for an implementation grant. ``(2) Period of grant.-- ``(A) In general.--An implementation grant shall be made for a period of 2 years, beginning on the first day of the month in which the implementation grant is made. ``(B) Renewal.--An implementation grant may be renewed for 1 additional period of 2 years, if the applicant submits to the Attorney General and the Secretary a detailed explanation of why additional funds are necessary. ``(3) Amount.--An implementation grant shall not exceed $300,000. ``(g) Evaluation of Program Efficacy.-- ``(1) Establishment.--The Attorney General, in consultation with the Secretary, shall establish a national center to evaluate the overall effectiveness of the collaboration programs funded under this section. ``(2) Responsibilities.--The national center established under paragraph (1) shall-- ``(A) analyze information and data supplied by grantees under this section; and ``(B) submit an annual report to the Attorney General and the Secretary that evaluates the number and rate of change of reporting, investigation, and prosecution of charges of a crime or abuse against individuals with disabilities. ``(3) Authorization.--The Attorney General may use not more than $500,000 of amounts made available under subsection (h) to carry out this subsection. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice to carry out this section-- ``(1) $10,000,000 for fiscal year 2007; and ``(2) such sums as are necessary for each of fiscal years 2008 through 2013.''.

Summary: Crime Victims with Disabilities Act of 2006 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, Indian tribes, or tribal organizations to plan and implement programs for collaboration among criminal justice agencies, adult protective services agencies, crime victim assistance organizations, and/or other agencies or organizations that provide services to individuals with disabilities to investigate and remediate abuse of or crimes against such individuals and to provide services to such individuals. Authorizes the Attorney General to establish a national center to evaluate such programs.


SECTION. 1. SHORT TITLE This Act may be cited as the ``E-Mail User Protection Act''. SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL. (a) Prohibition.--It shall be unlawful for any person, using any means or instrumentality of, or affecting, interstate or foreign commerce-- (1) to initiate the transmission of a unsolicited bulk electronic mail message that contains a false, fictitious, or misappropriated name of the sender, electronic mail return address, or name and phone number of a telephone contact person; (2) to initiate the transmission of a unsolicited bulk electronic mail message to an interactive computer service with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier; (3) to initiate the transmission of an unsolicited bulk electronic mail message and to fail to comply with the request of the recipient of the message, delivered to the sender's electronic mail address, that the recipient does not wish to receive such messages; (4) to use, create, sell, or distribute any computer software that is primarily designed to create, on an electronic mail message, false Internet domain, header information, date or time stamp, originating e-mail address or other identifier. (b) Violations.-- (1) Civil fines.--Whoever knowingly violates subsection (a) shall be fined not more than the greater of (1) $50 for each message delivered in violation of such subsection, or (2) $10,000 for each day the violation continues. (2) Criminal sanctions.--Whoever-- (A) intentionally violates subsection (a)(1) by misappropriating the name or electronic mail return address of another person; or (B) intentionally violates subsection (a)(3) by initiating the transmission of unsolicited electronic mail to an individual who has specifically communicated to the violator that individual's desire not to receive such mail; shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. SEC. 3. ENFORCEMENT The Federal Trade Commission shall have the power to enforce a violation of section 2 as an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)). SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES. (a) Right of Action.-- (1) Actions by interactive computer services.--Any interactive computer service that has been adversely affected by a violation of section 2(a)(2) may recover in a civil action from the person or entity that engaged in such violation such relief as may be appropriate. (2) Actions by recipients.--Any person or entity that has received an unsolicited bulk email and been adversely affected by a violation of section 2 may recover in a civil action from the person or entity that engaged in such violation such relief as may be appropriate. (b) Relief.-- (1) Actions by interactive computer services.--In an action under subsection (a)(1), appropriate relief includes-- (A) such preliminary and other equitable or declaratory relief as may be appropriate, including an injunction against future violations; (B) actual monetary loss from a violation, statutory damages of not more than the greater of -- (i) $50 for each message delivered in violation of section 2(a)(2); or (ii) $10,000 for each day during which the violation continues; and (C) a reasonable attorney's fee and other litigation costs reasonably incurred. (2) Actions by recipients.--In an action under subsection (a)(2), appropriate relief includes-- (A) such preliminary and other equitable or declaratory relief as may be appropriate, including an injunction against future violations; (B) actual monetary loss from a violation, statutory damages of $50 for each message delivered in violation of section 2(a)(2); and (C) a reasonable attorney's fee and other litigation costs reasonably incurred. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Unsolicited bulk electronic mail message.--The term ``unsolicited bulk electronic mail message'' means any electronic mail message initiated by any person for commercial purposes, except for-- (A) electronic mail sent to others with whom such person has a prior relationship, including a prior business relationship; or (B) electronic mail sent to a recipient if such recipient, or someone authorized by them, has at any time affirmatively requested to receive communications from that source. (2) Electronic mail address.--The term ``electronic mail address'' means a destination on the Internet (commonly expressed as a string of characters) to which electronic mail can be sent or delivered. (3) Interactive computer service.--The term ``interactive computer service'' has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). (4) Internet domain.--The term ``Internet domain'' means a specific computer system (commonly referred to as a ``host'') or collection of computer systems that the Internet can reference, that are assigned a specific reference point on the Internet (commonly referred to as an ``Internet domain name''), and that are registered with an organization that the Internet industry recognizes as a registrar of Internet domains. (5) Initiates the transmission.--The term ``initiates the transmission,'' in the case of an electronic mail message, means to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall take effect 45 days after the date of enactment of this Act.

Summary: E-Mail User Protection Act - Amends the Communications Act of 1934 to make it unlawful for any person to: (1) initiate the transmission of an unsolicited bulk electronic mail message that contains a false or misappropriated name of the sender, return address, or name and phone number of a telephone contact person; (2) initiate such a message to an interactive computer service with the knowledge that such message falsifies identifying information; (3) initiate such a message and fail to comply with the recipient's request to not receive such messages; or (4) use, create, sell, or distribute any computer software that is primarily designed to create false identifier information. Provides civil fines and criminal sanctions for such violations. Authorizes enforcement through the Federal Trade Commission as an unfair or deceptive act or practice. Provides appropriate relief for both interactive computer services and recipients.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Pain Relief Act''. SEC. 2. FINDINGS. Congress finds that-- (1) cancer is a progressive, degenerative, and often painful disease that afflicts one out of every four persons in the United States and is the second leading cause of death; (2) in the progression of terminal cancer, a significant number of patients experience levels of intense and intractable pain that cannot be effectively treated by presently available medication; (3) the effect of such pain often leads to a severe deterioration in the quality of life of the patient and heartbreak for the family of the patient; (4) the therapeutic use of parenteral diacetylmorphine is not permitted in the United States but extensive clinical research has demonstrated that the drug is a potent, highly soluble painkilling drug when properly formulated and administered under the supervision of a physician; (5) it is in the public interest to make parenteral diacetylmorphine available to patients through controlled channels as a drug for the relief of intractable pain due to terminal cancer; (6) diacetylmorphine is successfully used in Great Britain and other countries for relief of pain due to cancer; (7) the availability of parenteral diacetylmorphine for the limited purposes of controlling intractable pain due to terminal cancer will not adversely affect the abuse of illicit drugs or increase the incidence of pharmacy thefts; (8) the availability of parenteral diacetylmorphine will enhance the ability of physicians to effectively treat and control intractable pain due to terminal cancer; and (9) it is appropriate for the Federal Government to establish a temporary program to permit the use of pharmaceutical dosage forms of parenteral diacetylmorphine for the control of intractable pain due to terminal cancer. SEC. 3. PARENTERAL DIACETYLMORPHINE PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``Part N--Compassionate Pain Relief ``SEC. 399G. PARENTERAL DIACETYLMORPHINE. ``(a) Regulations.-- ``(1) In general.--Not later than three months after the date of the enactment of this part, the Secretary shall issue regulations establishing a program (referred to in this section as the `program') under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of intractable pain due to terminal cancer. ``(2) Terminal cancer.--For purposes of this section, an individual shall be considered to have terminal cancer if there is histologic evidence of a malignancy in the individual and the cancer of the individual is generally recognized as a cancer with a high and predictable mortality. ``(b) Manufacturing.--Regulations established under this section shall provide that manufacturers of parenteral diacetylmorphine for dispensing under the program shall use adequate methods of, and adequate facilities and controls for, the manufacturing, processing, and packing of such drug to preserve the identity, strength, quality, and purity of the drug. ``(c) Availability to Pharmacies.-- ``(1) Requirements.--Regulations established under this section shall require that parenteral diacetylmorphine be made available only to pharmacies that-- ``(A) are hospital pharmacies or such other pharmacies as the regulations specify; ``(B) are registered under section 302 of the Controlled Substances Act (21 U.S.C. 822); ``(C) meet such qualifications as the regulations specify; and ``(D) submit an application in accordance with paragraph (2). ``(2) Application.--An application for parenteral diacetylmorphine shall-- ``(A) be in such form and submitted in such manner as the Secretary may prescribe; and ``(B) contain assurances satisfactory to the Secretary that-- ``(i) the applicant will comply with such special requirements as the Secretary may prescribe respecting the storage and dispensing of parenteral diacetylmorphine; and ``(ii) parenteral diacetylmorphine provided under the application will be dispensed through the applicant upon the written prescription of a physician registered under section 302 of the Controlled Substances Act (21 U.S.C. 822) to dispense controlled substances in schedule II of such Act (21 U.S.C. 812(2)). ``(3) Intent of congress.--It is the intent of Congress that-- ``(A) the Secretary shall primarily utilize hospital pharmacies for the dispensing of parenteral diacetylmorphine under the program; and ``(B) the Secretary may distribute parenteral diacetylmorphine through pharmacies other than hospital pharmacies in cases in which humanitarian concerns necessitate the provision of parenteral diacetylmorphine, a significant need is shown for such provision, and adequate protection is available against the diversion of parenteral diacetylmorphine. ``(d) Illicit Diversion.--Regulations established by the Secretary under this section shall be designed to protect against the diversion into illicit channels of parenteral diacetylmorphine distributed under the program. ``(e) Prescription by Physicians.--Regulations established under this section shall-- ``(1) require that parenteral diacetylmorphine be dispensed only to an individual in accordance with the written prescription of a physician; ``(2) provide that a physician registered under section 302 of the Controlled Substances Act (21 U.S.C. 822) may prescribe parenteral diacetylmorphine for individuals for the relief of intractable pain due to terminal cancer; ``(3) provide that any such prescription shall be in writing; and ``(4) specify such other criteria for the prescription as the Secretary may determine to be appropriate. ``(f) Federal Food, Drug, and Cosmetic Act.--The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 801 et seq. and 951 et seq.) shall not apply with respect to-- ``(1) the importing of opium; ``(2) the manufacture of parenteral diacetylmorphine; and ``(3) the distribution and dispensing of parenteral diacetylmorphine, in accordance with the program. ``(g) Reports.-- ``(1) By the secretary.-- ``(A) Implementation and activities.-- ``(i) Implementation.--Not later than 2 months after the date of the enactment of this part and every third month thereafter until the program is established under subsection (a), the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report containing information on the activities undertaken to implement the program. ``(ii) Activities.--Not later than 1 year after the date the program is established under subsection (a) and annually thereafter until the program is terminated under subsection (h), the Secretary shall prepare and submit to the committees described in clause (i) a report containing information on the activities under the program during the period for which the report is submitted. ``(B) Pain management.--Not later than 6 months after the date of the enactment of this part, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report that-- ``(i) describes the extent of research activities on the management of pain that have received funds through the National Institutes of Health; ``(ii) describes the ways in which the Federal Government supports the training of health personnel in pain management; and ``(iii) contains recommendations for expanding and improving the training of health personnel in pain management. ``(2) By the comptroller general.--Not later than 56 months after the date on which the program is established under subsection (a), the Comptroller General of the United States shall prepare and submit to the committees referred to in paragraph (1)(A)(i) a report containing information on the activities conducted under the program during such 56-month period. ``(h) Termination and Modification.-- ``(1) In general.--The Secretary may at any time later than 6 months after the date on which the program is established under subsection (a), modify the regulations required by subsection (a) or terminate the program if in the judgment of the Secretary the program is no longer needed or if modifications or termination are needed to prevent substantial diversion of the diacetylmorphine. ``(2) Final termination.--The program shall terminate 60 months after the date the program is established under subsection (a).''.

Summary: Compassionate Pain Relief Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a 60-month program under which parenteral diacetylmorphine may be dispensed from pharmacies for the relief of pain from terminal cancer (as defined by this Act). States that for purposes of such program the Federal Food, Drug, and Cosmetic Act and titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall not apply with respect to: (1) the importing of opium; and (2) the manufacture, distribution, and dispensing of parenteral diacetylmorphine. Requires the Secretary to report to specified congressional committees concerning: (1) program-related activities; and (2) activities related to the management of pain. Permits the Secretary at any time six months after implementation of the program to modify or terminate the program if: (1) the program is no longer needed; or (2) modifications or termination are needed to prevent substantial diversion of the diacetylmorphine.


SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Individual Income Tax Rate Reduction Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of such Code. SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) Rates for 2001.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $45,200............... 12% of taxable income. Over $45,200 but not over $109,250. $5,424, plus 25% of the excess over $45,200 Over $109,250 but not over $166,500. $21,436.50, plus 28% of the excess over $109,250 Over $166,500 but not over $297,350. $37,466.50, plus 35.5% of the excess over $166,500 Over $297,350.................. $83,918.25, plus 38.2% of the excess over $297,350 ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $36,250............... 12% of taxable income. Over $36,250 but not over $93,650. $4,350, plus 25% of the excess over $36,250 Over $93,650 but not over $151,650. $18,700, plus 28% of the excess over $93,650 Over $151,650 but not over $297,350. $34,940, plus 35.5% of the excess over $151,650 Over $297,350.................. $86,663.50, plus 38.2% of the excess over $297,350 ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $27,050............... 12% of taxable income. Over $27,050 but not over $65,550. $3,246, plus 25% of the excess over $27,050 Over $65,550 but not over $136,750. $12,871, plus 28% of the excess over $65,550 Over $136,750 but not over $297,350. $32,807, plus 35.5% of the excess over $136,750 Over $297,350.................. $89,820, plus 38.2% of the excess over $297,350 ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $22,600............... 12% of taxable income. Over $22,600 but not over $54,625. $2,712, plus 25% of the excess over $22,600 Over $54,625 but not over $83,250. $10,718.25, plus 28% of the excess over $54,625 Over $83,250 but not over $148,675. $18,733.25, plus 35.5% of the excess over $83,250 Over $148,675.................. $41,959.12, plus 38.2% of the excess over $148,675 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of every estate, and every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,800................ 12% of taxable income. Over $1,800 but not over $4,250 $216, plus 25% of the excess over $1,800 Over $4,250 but not over $6,500 $828.50, plus 28% of the excess over $4,250 Over $6,500 but not over $8,900 $1,458.50, plus 35.5% of the excess over $6,500 Over $8,900.................... $2,310.50, plus 38.2% of the excess over $8,900'' (b) Rate Reductions After 2001.--Section 1 is amended by adding at the end the following new subsection: ``(i) Rate Reductions After 2001.-- ``(1) In general.--In the case of taxable years beginning in a calendar year after 2001, the corresponding percentage specified for such calendar year in the following table shall be substituted for the otherwise applicable tax rate. ------------------------------------------------------------------------ The corresponding percentages shall be In the case of taxable years beginning during substituted for the calendar year: following percentages: ------------------------- 35.5% 38.2% ------------------------------------------------------------------------ 2002.......................................... 35.0% 37.0% 2003.......................................... 34.5% 35.8% 2004.......................................... 34.0% 34.6% 2005.......................................... 33.5% 33.5% 2006 and thereafter........................... 33.0% 33.0% ------------------------------------------------------------------------ ``(2) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out the reductions under this subsection.'' (c) Inflation Adjustment To Apply After 2001.--Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2001'', and (2) by striking ``1992'' in paragraph (3)(B) and inserting ``2000''. (d) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``2000'' each place it appears: (A) Section 32(j)(1)(B). (B) Section 41(e)(5)(C). (C) Section 42(h)(3)(H)(i)(II). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 132(f)(6)(A)(ii). (H) Section 135(b)(2)(B)(ii). (I) Section 146(d)(2)(B). (J) Section 151(d)(4). (K) Section 220(g)(2). (L) Section 221(g)(1)(B). (M) Section 512(d)(2)(B). (N) Section 513(h)(2)(C)(ii). (O) Section 685(c)(3)(B). (P) Section 877(a)(2). (Q) Section 911(b)(2)(D)(ii)(II). (R) Section 2032A(a)(3)(B). (S) Section 2503(b)(2)(B). (T) Section 2631(c)(2). (U) Section 4001(e)(1)(B). (V) Section 4261(e)(4)(A)(ii). (W) Section 6039F(d). (X) Section 6323(i)(4)(B). (Y) Section 6334(g)(1)(B). (Z) Section 6601(j)(3)(B). (AA) Section 7430(c)(1). (2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each amended by striking ``begins,'' and all that follows through ``thereof''. (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``2000''. (e) Additional Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended-- (A) by striking ``15 percent'' in clause (ii)(II) and inserting ``the first bracket percentage'', and (B) by adding at the end the following flush sentence: ``For purposes of clause (ii), the first bracket percentage is the percentage applicable to the lowest income bracket in the table under subsection (c).'' (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``25 percent'', and (B) by striking paragraph (13). (3) Section 15 is amended by adding at the end the following new subsection: ``(f) Rate Reductions Enacted by Individual Income Tax Rate Reduction Act of 2001.--This section shall not apply to any change in rates under subsection (i) of section 1 (relating to rate reductions after 2000).'' (4) Section 531 is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the accumulated taxable income.''. (5) Section 541 of such Code is amended by striking ``equal to'' and all that follows and inserting ``equal to the product of the highest rate of tax under section 1(c) and the undistributed personal holding company income.''. (6) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7 percent, any percentage applicable to any of the 3 lowest income brackets in the table under section 1(c),''. (7) Section 3402(p)(2) is amended by striking ``equal to 15 percent of such payment'' and inserting ``equal to the product of the lowest rate of tax under section 1(c) and such payment''. (8) Section 3402(q)(1) is amended by striking ``equal to 28 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (9) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``the third to the lowest rate of tax under section 1(c)''. (10) Section 3406(a)(1) is amended by striking ``equal to 31 percent of such payment'' and inserting ``equal to the product of the third to the lowest rate of tax under section 1(c) and such payment''. (11) Section 13273 of the Revenue Reconciliation Act of 1993 is amended by striking ``28 percent'' and inserting ``the third to the lowest rate of tax under section 1(c) of the Internal Revenue Code of 1986''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendments to withholding provisions.--The amendments made by paragraphs (6), (7), (8), (9), (10), and (11) of subsection (e) shall apply to amounts paid after the date of the enactment of this Act. SEC. 3. INCREASE IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) (relating to standard deduction) is amended to read as follows: ``(2) Basic standard deduction.--For purposes of paragraph (1), the basic standard deduction is-- ``(A) twice the dollar amount in effect under subparagraph (C) for the taxable year in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $8,500 in the case of a head of household (as defined in section 2(b)), or ``(C) $6,000 in any other case.'' (c) Technical Amendments.-- (1) Paragraph (4) of section 63(c) is amended to read as follows: ``(4) Adjustments for inflation.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 1988, each dollar amount contained in paragraph (2) or (5) or subsection (f) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins. The preceding sentence shall not apply to the amount referred to in paragraph (2)(A). ``(B) Base period adjustments.--In determining the adjustment under subparagraph (A), section 1(f)(3) shall be applied by substituting for `calendar year 1992' in subparagraph (B) thereof-- ``(i) `calendar year 1987' in the case of the dollar amount contained in paragraph (5)(A) or subsection (f), ``(ii) `calendar year 1997' in the case of the dollar amount contained in paragraph (5)(B)'', and ``(iii) `calendar year 2000' in the case of the dollar amounts contained in paragraph (2).'' (2) Subparagraph (B) of section 1(f)(6) is amended by striking ``subsection (c)(4) of section 63 (as it applies to subsections (c)(5)(A) and (f) of such section)'' and inserting ``section 63(c)(4)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Summary: Individual Income Tax Rate Reduction Act of 2001 - Amends the Internal Revenue Code to establish new, lower tax rates for individuals. Increases the standard deduction and provides that such deduction on a joint return shall be twice the amount of a single return.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Furthering Accountability and Individual Rights within the Military Act of 2014'' or the ``Fair Military Act''. SEC. 2. APPRAISALS OF MEMBERS OF THE ARMED FORCES REGARDING COMPLIANCE WITH SEXUAL ASSAULT PREVENTION AND RESPONSE PROGRAMS. The Secretary of a military department shall each ensure that the written performance appraisals of each member of the Armed Forces (whether an officer or enlisted member) under the jurisdiction of that Secretary include an assessment of the extent to which the member supports the sexual assault prevention and response program of the Armed Force concerned. SEC. 3. PERFORMANCE APPRAISALS OF COMMANDING OFFICERS REGARDING COMMAND CLIMATE. The Secretary of a military department shall each ensure that the performance appraisals of each commanding officer under the jurisdiction of that Secretary indicate the extent to which the commanding officer has or has not established a command climate in which-- (1) allegations of sexual assault are properly managed and fairly evaluated; and (2) a victim can report criminal activity, including sexual assault, without fear of retaliation, including ostracism and group pressure from other members of the command. SEC. 4. MODIFICATION OF MILITARY RULES OF EVIDENCE RELATING TO ADMISSIBILITY OF GENERAL MILITARY CHARACTER TOWARD PROBABILITY OF INNOCENCE. (a) Modification Required.--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, except as provided by subsection (b), the general military character of an accused is not admissible for the purpose of showing the probability of innocence of the accused. (b) Exception.--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. 5. 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 (Public Law 113-66) and this Act apply to the United States Military Academy, the Naval Academy, and the Air Force Academy in the same manner and to the same extent as such title and this Act apply to an Armed Force under the jurisdiction of that Secretary. (b) Coast Guard Academy.--The Secretary of the Department in which the Coast Guard is operating shall ensure that the provisions of title XVII of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66) and this Act apply to the Coast Guard Academy in the same manner and to the same extent as such title and this Act apply to the Coast Guard. SEC. 6. JUDICIAL PROCEEDINGS PANEL ASSESSMENT OF USE OF MENTAL HEALTH RECORDS BY DEFENSE DURING PRELIMINARY HEARING AND COURT- MARTIAL PROCEEDINGS. (a) Additional Assessments.--The independent panel established by the Secretary of Defense under subsection (a)(2) of section 576 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1758), known as the ``judicial proceedings panel'', shall conduct assessments of-- (1) the use of mental health records by the defense during preliminary hearing and court-martial proceedings; and (2) the use of these records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. (b) Submission of Results.--The judicial proceedings panel shall include the results of the assessments required by subsection (a) in the remaining reports required by subsection (c)(2)(B) of section 576 of the National Defense Authorization Act for Fiscal Year 2013. SEC. 7. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE ACTIONS REGARDING SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE ARMED FORCES. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing the status of the implementation of the sexual assault provisions contained in the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-181), the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239), and the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66) and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense on May 6, 2013, and August 14, 2013.

Summary: Furthering Accountability and Individual Rights within the Military Act of 2014 or the Fair Military Act - Directs each Secretary of a military department to ensure that: (1) the written performance appraisals of each member of the Armed Forces include an assessment of the extent to which the member supports that Armed Force's sexual assault prevention and response program, and (2) the performance appraisals of each commanding officer 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 in which a victim can report criminal activity without fear of retaliation. Requires modification of the Military Rules of Evidence to clarify that the general military character of an accused is not admissible for the purpose of showing the probability of his or her innocence, except that an accused may offer evidence of a trait of his or her military character when that trait is relevant to an element of the offense for which he or she has been charged. Directs the Secretaries of the military departments and any department in which the Coast Guard is operating to ensure that the provisions of Title XVII (Sexual Assault Prevention and Response and Related Reforms) of the National Defense Authorization Act (NDAA) for FY2014 and this Act apply to the United States Military Academy, the Naval Academy, the Air Force Academy, and the Coast Guard Academy. Requires the independent judicial proceedings panel to conduct assessments of: (1) the use of mental health records by the defense during preliminary hearing and court-martial proceedings, and (2) the use of such records in similar civilian proceedings to determine whether any significant discrepancies exist between the two legal systems. Directs the Comptroller General (GAO) to submit to the Senate and House Armed Services Committees a report describing the status of the implementation of the sexual assault provisions contained in the NDAAs for FY2012, FY2013, and FY2014 and the sexual assault prevention initiatives announced in memoranda by the Secretary of Defense (DOD) on May 6, 2013, and August 14, 2013.


SECTION 1. AMENDMENTS. (a) In General.--Section 8332(b) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; (3) by adding after paragraph (17) the following: ``(18) any period of service performed before 1977, while a citizen of the United States, in the employ of Air America, Incorporated, Air Asia Company Limited (a subsidiary of Air America, Incorporated), or the Pacific Division of Southern Air Transport, Incorporated, at a time when that corporation (or subsidiary) was owned or controlled by the Government of the United States and operated or managed by the Central Intelligence Agency.''; and (4) by adding at the end the following: ``For purposes of this subchapter, service of the type described in paragraph (18) of this subsection shall be considered to have been service as an employee, and the Office of Personnel Management shall accept the certification of the Director of Central Intelligence or his designee concerning any such service.''. (b) Exemption From Deposit Requirement.--Section 8334(g) of title 5, United States Code, is amended-- (1 by striking ``or'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; or''; and (3) by adding after paragraph (6) the following: ``(7) any service for which credit is allowed under section 8332(b)(18) of this title.''. SEC. 2. APPLICABILITY. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall apply with respect to annuities commencing on or after the effective date of this Act. (b) Provisions Relating to Current Annuitants.--Any individual who is entitled to an annuity for the month in which this Act becomes effective may, upon application submitted to the Office of Personnel Management within 2 years after the effective date of this Act, have the amount of such annuity recomputed as if the amendments made by this Act had been in effect throughout all periods of service on the basis of which such annuity is or may be based. Any such recomputation shall be effective as of the commencement date of the annuity, and any additional amounts becoming payable for periods before the first month for which the recomputation is reflected in the individual's regular monthly annuity payments shall be payable to such individual in the form of a lump-sum payment. (c) Provisions Relating to Individuals Eligible for (but not Currently Receiving) an Annuity.-- (1) In general.--Any individual (not described in subsection (b)) who becomes eligible for an annuity or for an increased annuity as a result of the enactment of this Act may elect to have such individual's rights under subchapter III of chapter 83 of title 5, United States Code, determined as if the amendments made by this Act had been in effect, throughout all periods of service on the basis of which such annuity is or would be based, by submitting an appropriate application to the Office of Personnel Management within 2 years after-- (A) the effective date of this Act; or (B) if later, the date on which such individual separates from service. (2) Commencement date, etc.-- (A) In general.--Any entitlement to an annuity or to an increased annuity resulting from an application under paragraph (1) shall be effective as of the commencement date of such annuity (subject to subparagraph (B), if applicable), and any amounts becoming payable for periods before the first month for which regular monthly annuity payments begin to be made in accordance with the amendments made by this Act shall be payable to such individual in the form of a lump-sum payment. (B) Retroactivity.--Any determination of the amount, or of the commencement date, of any annuity, all the requirements for entitlement to which (including separation, but disregarding any application requirement) would have been satisfied before the effective date of this Act if this Act had then been in effect (but would not then otherwise have been satisfied absent this Act) shall be made as if application for such annuity had been submitted as of the earliest date that would have been allowable, after such individual's separation from service, if such amendments had been in effect throughout the periods of service referred to in the first sentence of paragraph (1). (d) Right to File on Behalf of a Decedent.--The regulations under section 4(a) shall include provisions, consistent with the order of precedence set forth in section 8342(c) of title 5, United States Code, under which a survivor of an individual who performed service described in section 8332(b)(18) of such title (as amended by section 1) shall be allowed to submit an application on behalf of and to receive any lump- sum payment that would otherwise have been payable to the decedent under subsection (b) or (c). Such an application shall not be valid unless it is filed within 2 years after the effective date of this Act or 1 year after the date of the decedent's death, whichever is later. SEC. 3. FUNDING. (a) Lump-Sum Payments.--Any lump-sum payments under section 2 shall be payable out of the Civil Service Retirement and Disability Fund. (b) Unfunded Liability.--Any increase in the unfunded liability of the Civil Service Retirement System attributable to the enactment of this Act shall be financed in accordance with section 8348(f) of title 5, United States Code. SEC. 4. REGULATIONS AND SPECIAL RULE. (a) In General.--Except as provided in subsection (b), the Director of the Office of Personnel Management, in consultation with the Director of Central Intelligence, shall prescribe any regulations necessary to carry out this Act. Such regulations shall include provisions under which rules similar to those established pursuant to section 201 of the Federal Employees' Retirement System Act of 1986 shall be applied with respect to any service described in section 8332(b)(18) of title 5, United States Code (as amended by section 1) that was subject to title II of the Social Security Act. (b) Other Regulations.--The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, shall prescribe any regulations which may become necessary, with respect to any retirement system administered by the Director of Central Intelligence, as a result of the enactment of this Act. (c) Special Rule.--For purposes of any application for any benefit which is computed or recomputed taking into account any service described in section 8332(b)(18) of title 5, United States Code (as amended by section 1), section 8345(i)(2) of such title shall be applied by deeming the reference to the date of the ``other event which gives rise to title to the benefit'' to refer to the effective date of this Act, if later than the date of the event that would otherwise apply. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the terms ``unfunded liability'', ``survivor'', and ``survivor annuitant'' have the meanings given to them by section 8331 of title 5, United States Code; and (2) the term ``annuity'', as used in subsections (b) and (c) of section 2, includes a survivor annuity. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Summary: Makes creditable for civil service retirement purposes pre-1977 service performed by a U.S. citizen with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities were owned or controlled by the U.S. Government and operated or managed by the Central Intelligence Agency (CIA).