SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Cancer Patient Education Act
of 2012''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Annually, about 207,090 new cases of breast cancer are
        diagnosed, according to the American Cancer Society.
            (2) Breast cancer has a disproportionate and detrimental
        impact on African-American women and is the most common cancer
        among Hispanic/Latina women.
            (3) African-American women under the age of 40 have a
        greater incidence of breast cancer than Caucasian women of the
        same age.
            (4) Individuals undergoing surgery for breast cancer should
        give due consideration to the option of breast reconstructive
        surgery, either at the same time as the breast cancer surgery
        or at a later date.
            (5) According to the American Cancer Society, immediate
        breast reconstruction offers the advantage of combining the
        breast cancer surgery with the reconstructive surgery and is
        cost effective.
            (6) According to the American Cancer Society, delayed
        breast reconstruction may be advantageous in women who require
        post-surgical radiation or other treatments.
            (7) A woman suffering from the loss of her breast may not
        be a candidate for surgical breast reconstruction or may choose
        not to undergo additional surgery and instead choose breast
        prostheses.
            (8) The Women's Health and Cancer Rights Act of 1998
        (WHCRA; Public Law 105-277) requires health plans that offer
        breast cancer coverage to also provide for breast
        reconstruction.
            (9) Required coverage for breast reconstruction includes
        all the necessary stages of reconstruction. Surgery of the
        opposite breast for symmetry may be required. Breast prostheses
        may be necessary. Other sequelae of breast cancer treatment,
        such as lymphedema, must be covered.
            (10) Up to 70 percent of women eligible for breast
        reconstruction are not informed of their reconstructive
        options.
            (11) Several states have enacted laws to require that women
        receive information on their breast cancer treatment and
        reconstruction options.
            (12) A 2009 study by Amy Alderman, M.D. at the University
        of Michigan and Caprice Greenberg of the Dana Farber Institute
        determined the two dominant reasons why women did not undergo
        breast reconstruction: (1) the woman was not informed of her
        options, and (2) the woman was not referred to a breast
        reconstruction surgeon.
            (13) According to a 2008 report by Greenberg, most women
        undergo breast reconstruction because the option was offered
        and discussed by the breast cancer surgeon. This critical
        discussion is often lacking.
            (14) Greenberg reports that women with Medicare undergo
        breast reconstruction at a rate of 11 percent. Women with
        managed care or indemnity insurance undergo reconstruction at a
        rate of approximately 54 percent. Nationally, only 33 percent
        of eligible women with breast cancer undergo breast
        reconstruction.

SEC. 3. BREAST RECONSTRUCTION EDUCATION.

    Part V of title III of the Public Health Service Act (42 U.S.C.
280; programs relating to breast health and cancer) is amended by
adding at the end the following:

``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.

    ``(a) In General.--The Secretary shall provide for the planning and
implementation of an education campaign to inform breast cancer
patients anticipating surgery regarding the availability and coverage
of breast reconstruction, prostheses, and other options.
    ``(b) Information To Be Disseminated.--
            ``(1) Specific information.--Such campaign shall include
        dissemination of the following information:
                    ``(A) Breast reconstruction is possible at the time
                of breast cancer surgery, or in a delayed fashion.
                    ``(B) Prostheses or breast forms may be available.
                    ``(C) Federal law mandates both public and private
                health plans to include coverage of breast
                reconstruction and prostheses.
                    ``(D) The patient has a right to choose their
                provider of reconstructive care, including the
                potential transfer of care to a surgeon that provides
                breast reconstructive care.
                    ``(E) The patient may opt to undergo breast
                reconstruction in a delayed fashion for personal
                reasons, or after completion of all other breast cancer
                treatments.
            ``(2) Other information.--In addition to the information
        described in paragraph (1), such campaign may include
        dissemination of such other information (whether developed by
        the Secretary or by other entities) as the Secretary determines
        relevant.
            ``(3) Restriction.--Such campaign shall not specify, or be
        designed to serve as a tool to limit, the health care providers
        available to patients.
    ``(c) Consultation.--In developing the information to be
disseminated under this section, the Secretary shall consult with
appropriate medical societies and patient advocates related to breast
cancer, breast reconstructive surgery, and breast prostheses and breast
forms.''.

Summary: Breast Cancer Patient Education Act of 2012 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or in a delayed fashion, (2) prostheses or breast forms may be available. (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses. (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care. And (5) the patient may opt to undergo breast reconstruction in a delayed fashion for personal reasons or after completion of all other breast cancer treatments. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients.

To amend the Public Health Service Act to raise awareness of, and to educate breast cancer patients anticipating surgery regarding, the availability and coverage of breast reconstruction, prostheses, and other options.


SECTION 1. PROCEDURES ON DEFAULT OF HOUSING LOANS.

    (a) In General.--Paragraph (2) of section 3732(a) of title 38,
United States Code, is amended to read as follows:
    ``(2)(A) Before suit or foreclosure the holder of the obligation
shall notify the Secretary of the default. Before the holder carries
out a liquidation sale of real property securing a defaulted loan, the
Secretary within 60 days after notification of default may, at the
Secretary's option, pay the holder of the obligation the unpaid balance
of the obligation plus accrued interest and reimburse the holder for
such advances, costs, and attorney fees as the Secretary finds were
properly and reasonably incurred in connection with the default and
receive an assignment of the loan and security. Nothing in this section
shall preclude any forebearance for the benefit of the mortgagor as may
be agreed upon by the parties to the loan and approved by the
Secretary.
    ``(B) Within 10 days after receiving a notice of default pursuant
to paragraph (1) of this subsection, the Secretary shall notify the
mortgagor that the Secretary may purchase the loan from the holder. The
notification shall specify--
            ``(i) that if the Secretary purchases the loan, the
        Secretary--
                    ``(I) has the authority to modify the loan
                instruments by temporarily or permanently lowering the
                interest rate or by extending or reamortizing the loan;
                and
                    ``(II) may grant forbearance of interest or
                principal or both for a period of not more than 12
                months;
            ``(ii) that if the mortgagor wants the Secretary to
        purchase the loan, the mortgagor must submit a written request
        to the Secretary within 20 days of receipt of the Secretary's
        notification; and
            ``(iii) the consequences to the mortgagor if the Secretary
        purchases the loan.
    ``(C) Upon receiving a request from the mortgagor to purchase the
loan pursuant to subparagraph (B) of this paragraph, the Secretary, for
the purpose of avoiding foreclosure, may purchase the loan in
accordance with subparagraph (A). The Secretary shall purchase the loan
from the holder of the obligation if--
            ``(i) the default was caused by circumstances beyond the
        control of the mortgagor and rendered the mortgagor temporarily
        unable to correct a mortgage delinquency and to resume full
        mortgage payments; and
            ``(ii) it is determined that--
                    ``(I) the holder is unwilling to grant further
                forbearance;
                    ``(II) the mortgagor desires to retain and occupy
                the property;
                    ``(III) the mortgagor has maintained the property
                in good condition or, if major repairs are required,
                such repairs are due to circumstances which were beyond
                the mortgagor's control;
                    ``(IV) the estimated net value of the property
                exceeds the unguaranteed portion of the loan; and
                    ``(V) there is a reasonable prospect that the
                mortgagor will be able to resume mortgage payments
                within 12 months after the Secretary purchases the
                loan.
    ``(D) The Secretary may provide assistance, under such terms and
conditions as the Secretary may provide, to a mortgagor whose loan has
been purchased under the provisions of subparagraph (C) of this
paragraph by--
            ``(i) modifying the loan instruments to lower the interest
        rate or to extend or to reamortize the loan; and
            ``(ii) granting forbearance of interest or principal or
        both for a period of not more than 12 months.
    ``(E) If the Secretary decides not to purchase the loan--
            ``(i) the Secretary shall notify the mortgagor of the
        decision and its basis within 30 days after receiving a written
        request from the mortgagor asking the Secretary to purchase the
        loan pursuant to subparagraph (C) of this paragraph; and
            ``(ii) if the mortgagor is a veteran and used the veteran's
        entitlement under section 3702 to obtain the loan or
        substituted entitlement as described in section 3702(b)(2) to
        purchase real property securing a loan guaranteed under this
        chapter, notice under clause (i) shall include notice of the
        right of appeal.
    ``(F) The Secretary shall obtain and hold in safekeeping a quit
claim deed from the mortgagor to the Secretary for the real property
securing the loan after the loan is purchased from the loan holder and
before the Secretary makes any modification to the loan instruments or
grants any forbearance. If the mortgagor brings the loan current and
keeps the loan current for 12 consecutive months, the unrecorded quit
claim deed shall be returned to the mortgagor. If, exclusive of any
period of forbearance, the loan becomes 6 months delinquent, the
Secretary may record the quit claim deed and acquire the property
securing the loan without incurring substantial delays and foreclosure
expenses. Nothing in this section shall preclude the Secretary from
initiating foreclosure before the loan becomes 6 months delinquent if
the Secretary believes it is in the best interest of the United States
to do so.
    ``(G) For the purposes of sections 3720(e) and (h), loans purchased
pursuant to subparagraph (C) that are not in default and that have not
been in default for at least 12 consecutive months shall be included in
pools of mortgage loans with respect to which certificates or other
securities are issued or guaranteed.''.
    (b) Personnel.--Section 3732(a)(4) of title 38, United States Code,
is amended--
            (1) by striking out subparagraph (B); and
            (2) in paragraph (4) (as amended by paragraph (1) of this
        subsection), by striking out ``(A)'';
            (3) in paragraph (4) (as amended by paragraph (2) of this
        subsection)--
                    (A) by redesignating clauses (i) and (ii) as
                subparagraphs (A) and (B), respectively; and
                    (B) by redesignating subclauses (I) and (II) as
                clauses (i) and (ii), respectively.
    (c) Extension of Procedure for Liquidation Sales.--Subsection (c)
section 3732(c) of title 38, United States Code, is amended by striking
out paragraph (11).
    (d) Effective Date.--The amendments made by subsection (a) shall
apply to any housing loan guaranteed under chapter 37 of title 38,
United States Code, with respect to which the Secretary of Veterans
Affairs receives notice of default after the date of enactment of this
Act.

Summary: Revises provisions with respect to the loan default procedure for veterans' housing loans guaranteed by the Department of Veterans Affairs. Authorizes the Secretary of Veterans Affairs to reimburse the holder of the loan obligation for such advances, costs, and attorney's fees properly and reasonably incurrred in connection with the default and to receive an assignment of the loan and security. Directs the Secretary to notify the mortgagor, within ten days after receiving a notice of default from the veteran, that the Secretary may purchase the loan from the holder. Outlines notification and loan purchase requirements. Directs the Secretary to obtain and hold a quitclaim deed from the mortgagor to the Secretary for the real property securing the loan after the loan is purchased from the loan holder and before the Secretary makes any modifications to the loan instruments or grants any forbearance. Allows such unrecorded quitclaim deed to be returned to the mortgagor if the mortgagor brings the loan current and keeps it current for 12 consecutive months. Makes permanent all such loan default procedures .

To amend title 38, United States Code, to clarify the rights of veterans with regard to procedures for housing loans upon default, and for other purposes.


SECTION 1. ACCESS TO STUDENT RECRUITING INFORMATION.

    (a) Changes to the Elementary and Secondary Education Act of
1965.--Section 9528(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7908(a)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the
        following:
            ``(1) Access to student recruiting information.--
        Notwithstanding section 444(a)(5)(B) of the General Education
        Provisions Act, each local educational agency receiving
        assistance under this Act shall provide, upon a request made by
        a military recruiter or an institution of higher education,
        access to the name, address, and telephone listing of each
        secondary school student served by the local educational
        agency, unless the parent of such student has submitted the
        prior consent request under paragraph (2).
            ``(2) Consent.--
                    ``(A) Opt-out process.--A parent of a secondary
                school student may submit a written request, to the
                local educational agency, that the student's name,
                address, and telephone listing not be released for
                purposes of paragraph (1) without prior written consent
                of the parent. Upon receiving such request, the local
                educational agency may not release the student's name,
                address, and telephone listing for such purposes
                without the prior written consent of the parent.
                    ``(B) Notification of opt-out process.--Each local
                educational agency shall notify the parents of the
                students served by the agency of the option to make a
                request described in subparagraph (A).''; and
            (2) by adding at the end the following:
            ``(4) Rule of construction prohibiting opt-in processes.--
        Nothing in this subsection shall be construed to allow a local
        educational agency to withhold access to a student's name,
        address, and telephone listing from a military recruiter or
        institution of higher education by implementing an opt-in
        process or any other process other than the written consent
        request process under paragraph (2)(A).
            ``(5) Parental consent.--For purposes of this subsection,
        whenever a student has attained eighteen years of age, the
        permission or consent required of and the rights accorded to
        the parents of the student shall only be required of and
        accorded to the student.''.
    (b) Changes to Title 10 of the United States Code.--Section 503(c)
of title 10, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
        ``(1)(A) Each local educational agency receiving assistance
        under the Elementary and Secondary Education Act of 1965--
            ``(i) shall provide to military recruiters the same access
        to secondary school students as is provided generally to
        postsecondary educational institutions or to prospective
        employers of those students; and
            ``(ii) shall provide, upon a request made by a military
        recruiter for military recruiting purposes, access to the name,
        address, and telephone listing of each secondary school student
        served by the local educational agency, notwithstanding section
        444(a)(5)(B) of the General Education Provisions Act (20 U.S.C.
        1232g(a)(5)(B)), unless the parent of such student has
        submitted the prior consent request under subparagraph (B).
    ``(B)(i) The parent of a secondary school student may submit a
written request, to the local educational agency, that the student's
name, address, and telephone listing not be released for purposes of
subparagraph (A) without prior written parental consent. Upon receiving
a request, the local educational agency may not release the student's
name, address, and telephone listing for such purposes without the
prior written consent of the parent.
    ``(ii) Each local educational agency shall notify parents of the
option to make a request described in clause (i).
    ``(C) Nothing in this paragraph shall be construed to allow a local
educational agency to withhold access to a student's name, address, and
telephone listing from a military recruiter or institution of higher
education by implementing an opt-in process or any other process other
than the written consent request process under subparagraph (B)(i).
    ``(D) Parental Consent.--For purposes of this paragraph, whenever a
student has attained eighteen years of age, the permission or consent
required of and the rights accorded to the parents of the student shall
only be required of and accorded to the student.'';
            (2) by striking paragraphs (2), (3), and (4) and inserting
        the following:
    ``(2)(A) If a local educational agency denies recruiting access to
a military recruiter under this section, the Secretary shall notify--
            ``(i) the Governor of the State in which the local
        educational agency is located; and
            ``(ii) the Secretary of Education.
    ``(B) Upon receiving a notification under subparagraph (A), the
Secretary of Education--
            ``(i) shall, consistent with the provisions of part D of
        title IV of the General Education Provisions Act (20 U.S.C.
        1234c), determine whether the local educational agency is
        failing to comply substantially with the requirements of this
        subsection; and
            ``(ii) upon determining that the local educational agency
        has failed to comply substantially with such requirements, may
        impose a penalty or enforce a remedy available for a violation
        of section 9528(a) of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 7908(a)) in the same manner as such
        penalty or remedy would apply to a local educational agency
        that violated such section.''; and
            (3) by redesignating paragraphs (5) and (6) as paragraphs
        (3) and (4), respectively.

Summary: Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the process for blocking the access of military recruiters or institutions of higher education (IHEs) to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Prohibits LEAs from providing military recruiters or IHEs access to such information once they have received such consent request, unless the student's parent provides written consent to such access. Gives students the rights accorded to their parents when they reach age 18. Requires the Secretary of Defense to notify the Governor of the LEA's state and the Secretary of Education when an LEA denies access to military recruiters. Requires the Secretary of Education, upon receiving such notice, to determine whether: (1) the LEA has failed to comply substantially with the requirement to provide military recruiters with access to students and student information unless the parents have filed a prior consent request under this Act. And (2) the imposition of a penalty or remedy against the LEA is warranted.

A bill to amend the procedures regarding military recruiter access to secondary school student recruiting information.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Historic Rehabilitation Tax Credit
Expansion Act of 1993''.

SEC. 2. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY
              LIMITATIONS.

    (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the
Internal Revenue Code of 1986 (relating to $25,000 offset for rental
real estate activities) are amended to read as follows:
            ``(2) Dollar limitations.--
                    ``(A) In general.--Except as otherwise provided in
                this paragraph, the aggregate amount to which paragraph
                (1) applies for any taxable year shall not exceed
                $25,000 reduced (but not below zero) by 50 percent of
                the amount (if any) by which the adjusted gross income
                of the taxpayer for the taxable year exceeds $100,000.
                    ``(B) Phaseout not applicable to low-income housing
                credit.--In the case of the portion of the passive
                activity credit for any taxable year which is
                attributable to any credit determined under section
                42--
                            ``(i) subparagraph (A) shall not apply, and
                            ``(ii) paragraph (1) shall not apply to the
                        extent that the deduction equivalent of such
                        portion exceeds--
                                    ``(I) $25,000, reduced by
                                    ``(II) the aggregate amount of the
                                passive activity loss (and the
                                deduction equivalent of any passive
                                activity credit which is not so
                                attributable and is not attributable to
                                the rehabilitation credit determined
                                under section 47) to which paragraph
                                (1) applies after the application of
                                subparagraph (A).
                    ``(C) $55,500 limit for rehabilitation credits.--In
                the case of the portion of the passive activity credit
                for any taxable year which is attributable to the
                rehabilitation credit determined under section 47--
                            ``(i) subparagraph (A) shall not apply, and
                            ``(ii) paragraph (1) shall not apply to the
                        extent that the deduction equivalent of such
                        portion exceeds--
                                    ``(I) $55,500, reduced by
                                    ``(II) the aggregate amount of the
                                passive activity loss (and the
                                deduction equivalent of any passive
                                activity credit which is not so
                                attributable) to which paragraph (1)
                                applies for the taxable year after the
                                application of subparagraphs (A) and
                                (B).
            ``(3) Adjusted gross income.--For purposes of paragraph
        (2)(A), adjusted gross income shall be determined without
        regard to--
                    ``(A) any amount includable in gross income under
                section 86,
                    ``(B) any amount excludable from gross income under
                section 135,
                    ``(C) any amount allowable as a deduction under
                section 219, and
                    ``(D) any passive activity loss.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (B) of section 469(i)(4) of such Code is
        amended to read as follows:
                    ``(B) Reduction for surviving spouse's exemption.--
                For purposes of subparagraph (A), the $25,000 amounts
                under paragraph (2)(A) and (2)(B)(ii) and the $55,500
                amount under paragraph (2)(C)(ii) shall each be reduced
                by the amount of the exemption under paragraph (1)
                (determined without regard to the reduction contained
                in paragraph (2)(A)) which is allowable to the
                surviving spouse of the decedent for the taxable year
                ending with or within the taxable year of the
                estate.''.
            (2) Subparagraph (A) of section 469(i)(5) of such Code is
        amended by striking clauses (i), (ii), and (iii) and inserting
        the following:
                            ``(i) `$12,500' for `$25,000' in
                        subparagraphs (A) and (B)(ii) of paragraph (2),
                            ``(ii) `$50,000' for `$100,000' in
                        paragraph (2)(A)'', and
                            ``(iii) `$27,750' for `$55,500' in
                        paragraph (2)(C)(ii).''.
            (3) The subsection heading for subsection (i) of section
        469 of such Code is amended by striking ``$25,000''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after May 5, 1993, in taxable
years ending on or after such date.

SEC. 3. REHABILITATION CREDIT ALLOWED TO OFFSET PORTION OF ALTERNATIVE
              MINIMUM TAX.

    (a) In General.--Section 38(c) of the Internal Revenue Code of 1986
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
            ``(2) Rehabilitation investment credit may offset portion
        of minimum tax.--
                    ``(A) In general.--In the case of the
                rehabilitation investment tax credit--
                            ``(i) this section and section 39 shall be
                        applied separately with respect to such credit,
                        and
                            ``(ii) for purposes of applying paragraph
                        (1) to such credit--
                                    ``(I) the tentative minimum tax
                                under subparagraph (A) thereof shall be
                                reduced by the minimum tax offset
                                amount determined under subparagraph
                                (B) of this paragraph, and
                                    ``(II) the limitation under
                                paragraph (1) (as modified by subclause
                                (I)) shall be reduced by the credit
                                allowed under subsection (a) for the
                                taxable year (other than the
                                rehabilitation investment tax credit).
                    ``(B) Minimum tax offset amount.--For purposes of
                subparagraph (A)(ii)(I), the minimum tax offset amount
                is an amount equal to--
                            ``(i) in the case of a taxpayer not
                        described in clause (ii), the lesser of--
                                    ``(I) 25 percent of the tentative
                                minimum tax for the taxable year, or
                                    ``(II) $20,000, or
                            ``(ii) in the case of a C corporation other
                        than a closely held C corporation (as defined
                        in section 469(j)(1)), 5 percent of the
                        tentative minimum tax for the taxable year.
                    ``(C) Rehabilitation investment tax credit.--For
                purposes of this paragraph, the term `regular
                investment tax credit' means the portion of the credit
                under subsection (a) which is attributable to the
                credit determined under section 47.''.
    (b) Conforming Amendment.--Section 38(d) (relating to components of
investment credit) is amended by adding at the end the following new
paragraph:
            ``(4) Special rule for rehabilitation credit.--
        Notwithstanding paragraphs (1) and (2), the rehabilitation
        investment tax credit (as defined in subsection (c)(2)(C))
        shall be treated as used last.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.

Summary: Historic Rehabilitation Tax Credit Expansion Act of 1993 - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. Allows the rehabilitation investment credit to offset a portion of tentative minimum tax.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Law Enforcement Assistance Act
of 1997''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Effective and impartial enforcement of the law is one
        of the most important functions of government.
            (2) The preservation of our form of government and the
        rights of our citizens are dependent upon competent and
        professional law enforcement agencies.
            (3) Responsibility for law enforcement in the United States
        reposes primarily with State and local governments.
            (4) Approximately 22,400 local government entities exist in
        the 50 states; one-third of all Americans live in nonurban
        areas; of the 17,120 law enforcement agencies, 90 percent serve
        populations of less than 25,000 residents and 75 percent serve
        a population of fewer than 10,000 residents.
            (5) Rural violent crime has increased over 53 percent from
        1983 to 1995, and is taking a toll on small town and rural
        citizens and small town and rural law enforcement personnel.
            (6) Rural law enforcement agencies totaling 12,735 (police
        departments and sheriffs offices serving a population of under
        25,000) have needs in the areas of providing management
        education and training, a clearinghouse, professional
        evaluation, technical assistance, practical research and
        analyses, and computer and forensic education and training as
        identified by the National Center for Rural Law Enforcement and
        the Federal Bureau of Investigation.
            (7) The National Center for Rural Law Enforcement has
        cooperated in the past and will continue to cooperate with the
        FBI, the Department of Justice, and the Department of
        Agriculture to promote the development and implementation of
        management education and training, a clearinghouse,
        professional evaluation, technical assistance, practical
        research and analyses, and computer and forensic education and
        training for rural law enforcement agencies.

SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.

    (a) In General.--For the purpose of assisting rural law enforcement
agencies with management education and training, maintaining a
clearinghouse, evaluation, technical assistance, research, computer and
forensic education and training, and providing such other support as
may be necessary or useful, there is authorized to be established a
private, nonprofit corporation, to be known as the National Center for
Rural Law Enforcement which shall be neither an agency nor
establishment of the United States Government.
    (b) Incorporators.--The Board of Directors first appointed shall be
deemed the incorporators, and the incorporation shall be deemed to have
been effected from the date of the first meeting of the Board.
    (c) Residence.--The Center shall be located in, and shall be
considered, for purposes of venue in civil actions, to be a resident of
Little Rock, Arkansas, or at such other place as the Board may
subsequently direct.

SEC. 4. CORPORATE POWERS.

    The Center--
            (1) shall have succession, and may sue and be sued, in its
        corporate name;
            (2) may adopt and use a corporate seal which shall be
        judicially noticed;
            (3) may adopt, amend, and repeal bylaws;
            (4) may purchase, lease, or otherwise acquire and hold such
        property as it deems necessary or convenient in the transaction
        of its business, and may dispose of any such property;
            (5) shall be eligible to apply for and to make grants from
        or to, and to enter into contracts or cooperative agreements
        without regard to the Federal Procurement Acquisition
        Regulations with, Federal, State, and local governments, public
        or private institutions, organizations, entities, and
        individuals necessary or convenient to the exercise of the
        functions or powers conferred explicitly or implicitly by this
        Act;
            (6) may arrange, as permitted by law, for the loan, detail
        or assistance, or use of facilities, personnel, or equipment
        from Federal, State, or local agencies, departments, or
        entities on a reimbursable or nonreimbursable basis;
            (7) may request from any Federal department or agency such
        information, data, and materials as may be necessary or
        convenient to the exercise of the functions or powers conferred
        explicitly or implicitly by this Act although the head of such
        department or agency may decline to comply with such a request;
            (8) may solicit and accept gifts, devises, grants and
        donations of property, including cash or services in
        furtherance of its function and mission;
            (9) shall have such other powers as may be necessary or
        appropriate for the exercise of the functions or powers
        conferred specifically or implicitly by this Act; and
            (10) is prohibited from supporting any political party or
        candidate for elective or appointive office.

SEC. 5. BOARD OF DIRECTORS.

    (a) Composition.--The Board of the Center shall be composed of 18
members as follows:
            (1) Two members from each of the 6 regions (Northeast,
        Northwest, Southeast, Southwest, Midwest, and West) shall be
        appointed from rural law enforcement agencies serving rural
        areas.
            (2) One member shall be appointed from the International
        Association of Directors of State Law Enforcement Training.
            (3) Two members shall be selected from personnel of the
        Federal Bureau of Investigation, and shall hold membership on
        the Board in an ex officio capacity. The members shall be
        selected by and serve at the pleasure of the Director of the
        FBI.
            (4) The president of the University of Arkansas shall be an
        ex officio Board member.
            (5) The Executive Director of the Center shall be an ad hoc
        Board member.
            (6) One resident of a rural area shall be selected to serve
        as an ad hoc member.
    (b) Initial Board.--
            (1) Selection of members.--Appointive members of the
        initial Board of Directors shall be selected cooperatively by
        the president of the University of Arkansas, the Director of
        the FBI, and the Executive Director of the preexisting National
        Center for Rural Law Enforcement at the University of Arkansas.
            (2) Designation of chairman.--The president of the
        University of Arkansas and the Director of the FBI shall
        designate a chairman from among the appointees to the initial
        Board.
            (3) Term of office.--The term of office for appointive
        members of the initial Board shall be 3 years.
            (4) Selection of successors.--Not later than 90 days before
        the expiration of such 3-year term, the Board shall select,
        with the advice and counsel of the president of the University
        of Arkansas and the Director of the FBI, successors to the
        initial appointive members.
    (c) Subsequent Boards.--
            (1) Term of office.--The term of office for appointive
        members to subsequent Boards shall be 6 years.
            (2) Staggered terms.--The successor appointive Board
        members, at their first meeting, will draw lots from 1 to 6
        years.
            (3) Subsequent selections.--The Board shall select, with
        the advice and counsel of the president of the University of
        Arkansas and the Director of the FBI, successors as may be
        necessary or appropriate to replace members who resign or
        otherwise vacate their offices or whose terms of office expire
        within 90 days.
            (4) Term limit.--No member shall serve more than 1
        uninterrupted 6-year term.
            (5) Election of chairman.--After the initial Board has been
        replaced, as appropriate or necessary, the Board shall elect a
        chairman from among its appointive members. The chairman's term
        of office shall be coextensive with that individual's term of
        office on the Board.
    (d) Functions.--The Board shall direct the exercise of all of the
business and powers of the Center, including the adoption, amendment,
and repeal of bylaws. The Board shall appoint (subject to specific
provisions herein) and oversee the Executive Director and other
corporate officers in the performance of their duties.
    (e) Quorums.--Vacancies on the Board shall not impair the powers of
the Board to execute the functions of the Center if there are not less
than 7 voting members in office. Such number shall also constitute a
quorum for the transaction of the business of the Board.
    (f) Compensation and Status.--
            (1) In general.--The members of the Board shall serve
        without compensation from the Center but are authorized to
        receive whatever pay, allowances, and benefits to which they
        are otherwise entitled by virtue of their Federal, State, or
        local government employment.
            (2) Expenses.--The members may be compensated for travel
        and per diem expenses by the Center at rates authorized under
        subchapter I of chapter 57 of title 5, United States Code,
        while away from their permanent duty stations in the
        performance of Center business.
            (3) Status.--Other than the 2 ex officio members from the
        FBI, members of the Board shall not be considered officers or
        employees of the United States for any purpose.

SEC. 6. OFFICERS AND EMPLOYEES.

    (a) Executive Director.--
            (1) Initial executive director.--The Executive Director of
        the preexisting National Center for Rural Law Enforcement at
        the University of Arkansas shall serve as the initial Executive
        Director for the Center with a term of 3 years.
            (2) Subsequent appointments.--After the initial 3-year term
        of the first Executive Director, the Board of Directors shall
        select and appoint, without regard to the provisions of the
        civil service laws applicable to officers and employees of the
        United States, and after consultation with the Director of the
        FBI and the president of the University of Arkansas, a
        successor whose term of office shall be 5 years.
            (3) Vacancy.--The Board may at any time select and appoint,
        after consultation with the Director of the FBI and the
        president of the University of Arkansas, a successor to replace
        an Executive Director who resigns or otherwise vacates office
        or whose term of office will expire within 30 days. An
        Executive Director appointed to fill a vacancy occurring prior
        to the expiration of the term for which the predecessor was
        selected and appointed shall serve for the remainder of such
        term.
            (4) Consecutive terms.--No person shall serve as the
        Executive Director for more than 2 consecutive terms, excluding
        the term of the initial Executive Director.
            (5) Compensation.--The Board shall fix the Executive
        Director's compensation, benefits, and allowances.
            (6) Duties.--The Executive Director shall be responsible to
        the Board of Directors for--
                    (A) the management and administration of the
                Center,
                    (B) the conduct of its day-to-day affairs and
                business,
                    (C) the performance of its officers, agents, and
                employees, and
                    (D) the establishment of an advisory board to
                assist the Executive Director with policy issues.
    (b) Additional Staff.--The Executive Director shall select and
nominate for appointment by the Board such other senior officers,
assistants, and employees as may be necessary for the transaction of
the Center's business and subject to Board concurrence, fix their
compensation and define their duties. Officers may be removed by the
Executive Director for cause subject to the concurrence of the Board.
Assistants and other employees may be removed by the Executive Director
without Board concurrence.
    (c) FBI Staff.--To assist the Center in carrying out its functions
and programs, the Director of the FBI may assign, on a full-time basis,
not more than 4 FBI personnel to the Center on a nonreimbursable basis.
Personnel so assigned will remain employees of the Federal Government
for all purposes and will not become employees of the Center for any
purpose.
    (d) Status.--Unless otherwise an employee of the Federal
Government, officers and employees of the Center shall not be
considered to be employees of the United States for any purpose.

SEC. 7. FUNCTIONS.

    (a) In General.--In cooperation with the FBI, the Center, an
educational entity, shall provide for the development of a rural law
enforcement educational program through consultation with institutions
of higher learning and the Board. The Center shall provide for--
            (1) the development and delivery of management education
        and training, clearinghouse, evaluation, technical assistance,
        practical research and evaluation, and computer and forensic
        education and training for and to rural law enforcement agency
        personnel, including supervisory and executive managers;
            (2) the delivery of technical assistance, including
        research and studies into the causes and prevention of criminal
        activity, to rural law enforcement agencies;
            (3) equitable education opportunities;
            (4) the development, promotion, and voluntary adoption of
        national educational and training standards and accreditation
        certification programs for rural law enforcement agencies and
        personnel;
            (5) the development and dissemination of information
        designed to assist States and units of local government in
        small town and rural areas throughout the country;
            (6) grants to, and contracts with, Federal, State, and
        local government, units of local rural law enforcement, public
        and private agencies, educational institutions, organizations
        and individuals to carry out this subtitle;
            (7) the establishment and maintenance of a clearinghouse
        and information center for the collection, preparation, and
        dissemination of information on criminal justice and rural law
        enforcement, including programs for the prevention of crime and
        recidivism;
            (8) the delivery of assistance, in a consulting capacity,
        to criminal justice agencies in the development, establishment,
        maintenance, and coordination of programs, facilities and
        services, training, and research relating to crime in rural
        areas;
            (9) encouragement and assistance to Federal, State, and
        local government programs and services;
            (10) the development of technical education and training
        teams to aid in the development of seminars, workshops,
        education and training programs within the States and with the
        State and local agencies that work with small town and rural
        law enforcement managers;
            (11) conducting, encouraging, and coordinating research
        relating to law enforcement and criminal justice issues,
        including the causes, assessment, evaluation, analysis, and
        prevention of criminal activity;
            (12) the formulation and recommendation of rural law
        enforcement policy, goals, and standards applicable to involved
        criminal justice agencies, organizations, institutions, and
        personnel; and
            (13) the evaluation by institutions of higher learning for
        the purpose of encouraging programs of study for rural law
        enforcement.
    (b) Discretionary Activities.--The Center may--
            (1) create an organizational structure with regional
        representation for the purpose of--
                    (A) delivering management education and training;
                    (B) conducting research focused on small town and
                rural law enforcement needs;
                    (C) providing technical assistance;
                    (D) creating a clearinghouse focused on small town
                and rural law enforcement;
                    (E) conducting evaluations for the benefit of small
                town and rural law enforcement;
                    (F) providing education and training in forensics;
                and
                    (G) providing education and training in computers;
            (2) confer with and request the assistance, services,
        records, and facilities of State and local governments or other
        public or private agencies, organizations, and individuals; and
            (3) procure the services of experts and consultants in
        accordance with section 3109 of title 5, United States Code, at
        rates of compensation not to exceed the daily equivalent of the
        rate authorized for members of the Senior Executive Service,
        ES-6, Level V, as authorized by section 5352 of title 5, United
        States Code.

SEC. 8. METHODS.

    In carrying out its functions under this section, the Center
shall--
            (1) utilize consensus building; and
            (2) work in cooperation with--
                    (A) small town and rural, non urban law enforcement
                agencies;
                    (B) agencies of Federal, State, and local
                governments; and
                    (C) institutions of higher learning, law
                enforcement associations and other not-for-profit
                organizations;
            (3) request and receive from other Federal departments and
        agencies such statistics, data, program reports, and other
        materials necessary for the Center to carry out its functions;
            (4) arrange with and reimburse the heads of other Federal
        departments and agencies for the use of personnel, facilities,
        or equipment of such departments and agencies; and
            (5) use the assistance, services, records, and facilities
        of State and local governments or other public or private
        agencies, organizations, and individuals.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Board'' means the Board of Directors of the
        National Center for Rural Law Enforcement.
            (2) The term ``Center'' means the National Center for Rural
        Law Enforcement.
            (3) The term ``Executive Director'' means the Executive
        Director of the National Center for Rural Law Enforcement.
            (4) The term ``FBI'' means the Federal Bureau of
        Investigation.
            (5) The term ``rural area'' means an area with a population
        of 25,000 or less.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $12,000,000 for fiscal year 1997; and
            (2) such sums as may be necessary for each of fiscal years
        1998 through 2002.

Summary: Rural Law Enforcement Assistance Act of 1997 - Authorizes the establishment of the National Center for Rural Law Enforcement as a private, nonprofit corporation for the purpose of assisting rural law enforcement agencies with management education and training, maintaining a clearinghouse, evaluation, technical assistance, research, computer and forensic education and training, and providing other support. Authorizes appropriations.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agricultural
Bioterrorism Countermeasures Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Biosecurity upgrades at Department of Agriculture and related
                            facilities.
Sec. 4. Intramural agricultural bioterrorism research and development.
Sec. 5. Consortium for countermeasures against agricultural
                            bioterrorism.
Sec. 6. Agricultural bioterrorism competitive research grants.
Sec. 7. Expansion of Animal and Plant Health Inspection Service
                            activities.
Sec. 8. Expansion of Food Safety Inspection Service activities.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The events of September 11, 2001, have heightened
        awareness of the threat of acts of bioterrorism, including
        attacks directed at the domestic food supply and underlying
        agriculture.
            (2) Evidence of access to and rudimentary experiments with
        chemical and biological agents and the reported interest in the
        operation of cropdusting aircraft point to possible terrorist
        intent to use biological or chemical weapons.
            (3) An attack of agricultural bioterrorism would pose
        serious challenges such as--
                    (A) hazards to human health;
                    (B) erosion of public confidence in the safety of
                the domestic food supply; and
                    (C) damage to the economy.
            (4) It is important to develop short- and long-term
        strategies and supporting technology to more effectively and
        efficiently protect the domestic food supply from acts of
        bioterrorism.
            (5) A program of ongoing research and development is
        required to reduce the vulnerability of plant and animal
        agriculture and the food supply.
            (6) It is critical to bring Federal, academic, and private
        sector capacities to bear on the threat of agricultural
        bioterrorism.
    (b) Purposes.--The purposes of this Act are--
            (1) to strengthen the research and development capacity of
        the United States to respond to the threat of agricultural
        bioterrorism;
            (2) to promote the collaboration between the Federal,
        academic, and private sectors in addressing agricultural
        bioterrorism; and
            (3) to strengthen the capacity of regulatory agencies to
        prepare for, respond to, and mitigate the consequences of a
        bioterrorist attack.

SEC. 3. BIOSECURITY UPGRADES AT DEPARTMENT OF AGRICULTURE AND RELATED
              FACILITIES.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture $870,000,000 to enable the
Agricultural Research Service to comply with the requirements of the
Department of Agriculture's biosecurity responsibilities under
Presidential Directive 67 with respect to the conduct of activities to
secure existing facilities where potential animal and plant pathogens
are housed or researched and to improve food safety research
activities.
    (b) Distribution of Amounts.--The amounts appropriated pursuant to
the authorization of appropriations in subsection (a) shall be made
available as follows:
            (1) $220,000,000 shall be made available for renovation,
        update, and expansion of the Biosafety Level 3 laboratory and
        animal research facilities at the Plum Island Animal Disease
        Center (Greenport, New York).
            (2) $385,000,000 shall be made available for the
        Agricultural Research Service/Animal and Plant Health
        Inspection Service facility in Ames, Iowa.
            (3) $106,000,000 shall be made available for the planning
        and design of an Agricultural Research Service biocontainment
        laboratory for poultry research in Athens, Georgia.
            (4) $9,000,000 shall be made available for the planning,
        updating, and renovation of the Arthropod-Bome Animal Disease
        Laboratory in Laramie, Wyoming.
            (5) $120,000,000 shall be made available for collaborative
        research with the Oklahoma City National Memorial Institute for
        the Prevention of Terrorism, the Department of Justice, and
        other law enforcement and emergency preparedness organizations.
            (6) $10,000,000 shall be made available for the purchase of
        rapid detection field test kits to be distributed by the
        Secretary of Agriculture to State and local agencies engaged in
        defending against agroterrorism and the training of appropriate
        authorities.
            (7) $20,000,000 shall be made available for the updating,
        expansion, and renovation of the Biosensor Technologies
        Research Center at Oklahoma State University in Stillwater,
        Oklahoma.

SEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary of Agriculture shall expand
Agricultural Research Service programs to protect the domestic food
supply by--
            (1) enhancing the capability to respond immediately to the
        needs of regulatory agencies involved in protecting the food
        supply;
            (2) cooperating with academic and private sector partners
        to maximize the impact of research and development;
            (3) strengthening linkages with the intelligence community
        to better identify research needs and evaluate acquired
        materials;
            (4) expanding the involvement of the Agricultural Research
        Service with international organizations dealing with plant and
        animal disease control; and
            (5) taking other appropriate measures.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.

SEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL
              BIOTERRORISM.

    (a) Establishment.--The Secretary of Agriculture shall establish a
Consortium for Countermeasures Against Agricultural Bioterrorism to
help form stable long-term programs of research, development, and
evaluation of options to enhance the biosecurity of United States
agriculture.
    (b) Membership.--
            (1) In general.--The Consortium shall be comprised of
        institutions of higher education positioned to partner with
        Federal agencies to address agricultural bioterrorism.
            (2) Designation.--The Secretary of Agriculture shall
        designate for membership in the Consortium--
                    (A) 3 institutions of higher education that are
                national centers for countermeasures against
                agricultural bioterrorism; and
                    (B) not more than 7 additional institutions of
                higher education with existing programs relating to
                agricultural bioterrorism.
            (3) National centers.--The national centers shall be
        selected using the following criteria:
                    (A) Co-location of Department of Agriculture
                laboratories or training centers with member
                institutions.
                    (B) Demonstrated expertise in the area of plant and
                animal diseases.
                    (C) Located at Land Grant Institutions that have a
                College of Veterinary Medicine, an on-site animal
                disease diagnostic laboratory, and the capability to
                conduct on-site training and training via distance
                education technology.
                    (D) Close coordination with State cooperative
                extension programs that work in cooperation with
                industry, farm and commodity organizations, and
                regulatory agencies.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2003 through 2007.

SEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS.

    (a) In General.--The Secretary of Agriculture shall enhance the
National Research Initiative of the Competitive Grants Program of the
Cooperative State Research, Education, and Extension Service by
awarding grants focused on the science and technology needed to protect
against and deal with acts of bioterrorism directed at the domestic
food supply and agriculture.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2003 through 2007.

SEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE
              ACTIVITIES.

    (a) In General.--The Secretary of Agriculture shall enhance and
expand the capacity of the Animal and Plant Health Inspection Service
by--
            (1) increasing inspection capacity at international points
        of origin;
            (2) improving surveillance at ports of entry and customs;
            (3) enhancing methods of protecting against introduction of
        plant and animal disease organisms by terrorists;
            (4) adopting new strategies and technology for dealing with
        outbreaks of plant and animal disease arising from acts of
        terrorism or from unintentional introduction, including
        establishing cooperative agreements among entities described in
        subsection (b) to enhance the preparedness and ability of
        Veterinary Services of the Animal and Plant Health Inspection
        Service and such entities to respond to outbreaks of such
        animal diseases;
            (5) strengthening the planning and coordination with State
        and local agencies, including the entities described in
        subsection (b); and
            (6) taking other appropriate measures.
    (b) Cooperating Entities.--The entities referred to in paragraphs
(4) and (5) of subsection (a) are the following:
            (1) Veterinary Services of the Animal and Plant Health
        Inspection Service.
            (2) State animal health commissions and regulatory agencies
        for livestock and poultry health.
            (3) State agriculture departments.
            (4) Accredited colleges of veterinary medicine that are co-
        located with an accredited animal disease diagnostic laboratory
        and connected via high speed internet to national animal
        disease laboratories (to facilitate telemedicine sharing of
        necropsy images and histopathology images), animal diagnostic
        centers, State departments of public health, and the Center for
        Disease Control and Prevention.
            (5) Private veterinary practitioners.
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.

SEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES.

    (a) In General.--The Secretary of Agriculture shall enhance and
expand the capacity of the Food Safety Inspection Service by--
            (1) enhancing the ability to inspect and ensure the safety
        and wholesomeness of meat and poultry products;
            (2) developing new methods for rapid detection and
        identification of diseases and other hazardous agents;
            (3) applying new technologies to improve ante mortem and
        post mortem inspection procedures;
            (4) improving the capacity to inspect international meat
        and poultry products at points of origin and at ports of entry;
        and
            (5) strengthening collaboration among agencies within the
        Department of Agriculture and in other parts of Federal and
        State government through the sharing of information and
        technology.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.

Summary: Agricultural Bioterrorism Countermeasures Act of 2001 - Authorizes appropriations for biosecurity upgrades at specified Department of Agriculture and related facilities. Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply. (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs. (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures. And (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service. Authorizes appropriations.

To establish a coordinated program of science-based countermeasures to address the threats of agricultural bioterrorism.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Turning Out Prisoners Act''.

SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison crowding
    ``(a) Requirements for Relief.--
            ``(1) Limitations on prospective relief.--Prospective
        relief in a civil action with respect to prison conditions
        shall extend no further than necessary to remove the conditions
        that are causing the deprivation of the Federal rights of
        individual plaintiffs in that civil action. The court shall not
        grant or approve any prospective relief unless the court finds
        that such relief is narrowly drawn and the least intrusive
        means to remedy the violation of the Federal right. In
        determining the intrusiveness of the relief, the court shall
        give substantial weight to any adverse impact on public safety
        or the operation of a criminal justice system caused by the
        relief.
            ``(2) Prison population reduction relief.--In any civil
        action with respect to prison conditions, the court shall not
        grant or approve any relief whose purpose or effect is to
        reduce or limit the prison population, unless the plaintiff
        proves that crowding is the primary cause of the deprivation of
        the Federal right and no other relief will remedy that
        deprivation.
    ``(b) Termination of Relief.--
            ``(1) Automatic termination of prospective relief after 2-
        year period.--In any civil action with respect to prison
        conditions, any prospective relief shall automatically
        terminate 2 years after the later of--
                    ``(A) the date the court found the violation of a
                Federal right that was the basis for the relief; or
                    ``(B) the date of the enactment of the Stop Turning
                Out Prisoners Act.
            ``(2) Immediate termination of prospective relief.--In any
        civil action with respect to prison conditions, a defendant or
        intervenor shall be entitled to the immediate termination of
        any prospective relief, if that relief was approved or granted
        in the absence of a finding by the court that prison conditions
        violated a Federal right.
    ``(c) Procedure for Motions Affecting Prospective Relief.--
            ``(1) Generally.--The court shall promptly rule on any
        motion to modify or terminate prospective relief in a civil
        action with respect to prison conditions.
            ``(2) Automatic stay.--Any prospective relief subject to a
        pending motion shall be automatically stayed during the
        period--
                    ``(A) beginning on the 30th day after such motion
                is filed, in the case of a motion made under subsection
                (b); and
                    ``(B) beginning on the 180th day after such motion
                is filed, in the case of a motion made under any other
                law;
        and ending on the date the court enters a final order ruling on
        that motion.
    ``(d) Standing.--Any Federal, State, or local official or unit of
government--
            ``(1) whose jurisdiction or function includes the
        prosecution or custody of persons in a prison subject to; or
            ``(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the prison
population shall have standing to oppose the imposition or continuation
in effect of that relief and may intervene in any proceeding relating
to that relief. Standing shall be liberally conferred under this
subsection so as to effectuate the remedial purposes of this section.
    ``(e) Special Masters.--In any civil action in a Federal court with
respect to prison conditions, any special master or monitor shall be a
United States magistrate and shall make proposed findings on the record
on complicated factual issues submitted to that special master or
monitor by the court, but shall have no other function. The parties may
not by consent extend the function of a special master beyond that
permitted under this subsection.
    ``(f) Attorney's Fees.--No attorney's fee under section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) may be granted
to a plaintiff in a civil action with respect to prison conditions
except to the extent such fee is--
            ``(1) directly and reasonably incurred in proving an actual
        violation of the plaintiff's federal rights; and
            ``(2) proportionally related to the extent the plaintiff
        obtains court ordered relief for that violation.''.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `prison' means any Federal, State, or local
        facility that incarcerates or detains juveniles or adults
        accused of, convicted of, sentenced for, or adjudicated
        delinquent for, violations of criminal law;
            ``(2) the term `relief' means all relief in any form which
        may be granted or approved by the court, and includes consent
        decrees and settlement agreements; and
            ``(3) the term `prospective relief' means all relief other
        than compensatory monetary damages.''
    (b) Application of Amendment.--Section 3626 of title 18, United
States Code, as amended by this section, shall apply with respect to
all relief (as defined in such section) whether such relief was
originally granted or approved before, on, or after the date of the
enactment of this Act.

Summary: Stop Turning Out Prisoners Act - Revises provisions of the Violent Crime Control and Law Enforcement Act of 1994 regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief whose purpose or effect is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief, (2) procedure for motions affecting prospective relief, (3) standing, (4) special masters, and (5) attorney's fees.

Stop Turning Out Prisoners Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prostate Cancer Diagnosis and
Treatment Act of 1997''.

SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG
              TREATMENTS.

    (a) Coverage of Screening Services.--
            (1) In general.--Section 1861(s)(2) of the Social Security
        Act (42 U.S.C. 1395x(s)(2)) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (N);
                    (B) by striking ``and'' at the end of subparagraph
                (O); and
                    (C) by inserting after subparagraph (O) the
                following new subparagraph:
            ``(P) services for the early detection of prostate cancer
        (as defined in subsection (oo)); and''.
            (2) Services described.--Section 1861 of such Act (42
        U.S.C. 1395x) is amended by adding at the end the following new
        subsection:

         ``Services for the Early Detection of Prostate Cancer

    ``(oo) The term `services for the early detection of prostate
cancer' means the following procedures provided to a man for the
purpose of early detection of prostate cancer:
            ``(1) Digital rectal examination.
            ``(2) Prostate-specific antigen blood test.
            ``(3) Transrectal ultrasonography.
            ``(4) Such other procedures as the Secretary may designate
        as appropriate for early detection of prostate cancer.''.
            (3) Payment amounts; limitations on frequency of
        coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is
        amended by inserting after subsection (c) the following new
        subsection:
    ``(d) Payment Amounts and Frequency Limits for Services for the
Early Detection of Prostate Cancer.--
            ``(1) In general.--Notwithstanding any other provision of
        this part, with respect to expenses incurred for services for
        the early detection of prostate cancer (as defined in section
        1861(oo))--
                    ``(A) payment may be made only for services
                provided consistent with the frequency permitted under
                paragraph (2); and
                    ``(B) the amount of the payment under this part
                shall be equal to 80 percent of the lesser of the
                actual charge for the service or--
                            ``(i) in the case of a service for the
                        early detection of prostate cancer consisting
                        of a prostate-specific antigen blood test, the
                        fee schedule amount established for the service
                        under section 1833(h) (relating to payments for
                        clinical diagnostic laboratory tests); or
                            ``(ii) in the case of any other service for
                        the early detection of prostate cancer, the
                        amount provided under the fee schedule
                        established by the Secretary under paragraph
                        (3) (subject to the deductible established
                        under section 1833(b)).
            ``(2) Frequency covered.--
                    ``(A) In general.--Subject to subparagraph (B) and
                to revision by the Secretary under subparagraph (C), no
                payment may be made under this part for a service for
                the early detection of prostate cancer provided to an
                individual--
                            ``(i) if the individual is under 50 years
                        of age; or
                            ``(ii) if the service is provided within
                        the 11 months after a previous service for the
                        early detection of prostate cancer.
                    ``(B) Exception for high risk individuals.--Payment
                may be made under this part for a service for the early
                detection of prostate cancer provided to an individual
                more frequently than the limit established under
                subparagraph (A)(ii) if the individual is at a high
                risk of developing prostate cancer (as determined
                pursuant to factors identified by the Secretary).
                    ``(C) Revision by secretary.--
                            ``(i) Review.--The Secretary, in
                        consultation with the Director of the National
                        Cancer Institute, shall review periodically the
                        appropriate frequency for performing services
                        for the early detection of prostate cancer
                        based on age and such other factors as the
                        Secretary believes to be pertinent.
                            ``(ii) Revision of frequency.--The
                        Secretary, taking into consideration the review
                        made under clause (i), may revise from time to
                        time the frequency with which such services may
                        be paid for under this subsection, but no such
                        revision shall apply to services performed
                        before January 1, 2000.
            ``(3) Establishment of fee schedule.--
                    ``(A) In general.--The Secretary shall establish
                fee schedules (on such geographic basis as the
                Secretary considers appropriate) for payment for
                services for the early detection of prostate cancer
under this part (other than prostate-specific antigen blood tests),
effective for services furnished after the expiration of the 90-day
period beginning on the date the Secretary establishes the fee
schedules.
                    ``(B) Factors considered.--In establishing fee
                schedules under subparagraph (A), the Secretary shall
                take into consideration variations in the cost of
                furnishing such services among geographic areas and
                among different sites where services are furnished,
                together with such other factors as may be appropriate
                to assure that payment amounts are equitable.
            ``(4) Limiting charges of nonparticipating physicians.--In
        the case of a service for the early detection of prostate
        cancer for which payment may be made under this part, if a
        nonparticipating physician or nonparticipating supplier or
        other person (as defined in section 1842(i)(2)) who does not
        accept payment on an assignment-related basis provides the
        service to an individual enrolled under this part, section
        1848(g)(1) shall apply to the service in the same manner as
        such section applies to a physician's service.''.
            (4) Conforming amendments.--(A) Paragraphs (1)(D) and
        (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are
        each amended by striking ``subsection (h)(1),'' and inserting
        ``subsection (h)(1) or section 1834(d)(1)(B)(i),''.
            (B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1))
        is amended--
                    (i) by striking ``and (P)'' and inserting ``(P)'';
                and
                    (ii) by striking the semicolon at the end and
                inserting the following: ``, and (Q) with respect to
                services for the early detection of prostate cancer (as
                defined in section 1861(oo)) (other than prostate-
                specific antigen tests), the amounts paid shall be the
                amounts described in section 1834(d)(1);''.
            (C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is
        amended--
                    (i) by striking ``and'' at the end of paragraph
                (6);
                    (ii) by striking the period at the end of paragraph
                (7) and inserting ``; and''; and
                    (iii) by adding at the end the following new
                paragraph:
            ``(8) in the case of services for the early detection of
        prostate cancer (as defined in section 1861(oo)) (other than
        prostate-specific antigen tests), the amounts described in
        section 1834(d)(1).''.
            (D) Section 1833(h)(1)(A) of such Act (42 U.S.C.
        1395l(h)(1)(A)) is amended by striking ``The Secretary'' and
        inserting ``Subject to section 1834(d), the Secretary''.
            (E) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is
        amended--
                    (i) in paragraph (1)--
                            (I) in subparagraph (E), by striking
                        ``and'' at the end,
                            (II) in subparagraph (F), by striking the
                        semicolon at the end and inserting ``, and'',
                        and
                            (III) by adding at the end the following
                        new subparagraph:
            ``(G) in the case of services for the early detection of
        prostate cancer (as defined in section 1861(oo)), which are
        performed more frequently than is covered under section
        1834(d)(2);''; and
                    (ii) in paragraph (7), by striking ``paragraph
                (1)(B) or under paragraph (1)(F)'' and inserting
``subparagraphs (B), (F), or (G) of paragraph (1)''.
    (b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the
Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection
(a)(1), is further amended--
            (1) by striking ``and'' at the end of subparagraph (P);
            (2) by adding ``and'' at the end of subparagraph (Q); and
            (3) by adding at the end the following new subparagraph:
            ``(R) an oral drug prescribed for the treatment of prostate
        cancer, if the use of the drug for such purpose is a medically
        accepted indication under subsection (t)(2);''.
    (c) Effective Date.--The amendments made by this section shall
apply to services provided on or after January 1, 1998, without regard
to whether or not the Secretary has established fee schedules under
section 1834(d)(3) of the Social Security Act (as added by subsection
(a)(3)) or promulgated other regulations to carry out such amendments
by that date.

SEC. 3. EARLY DETECTION AND TREATMENT OF PROSTATE CANCER IN VETERANS.

    (a) Preventive Health Services.--Section 1701(9) of title 38,
United States Code is amended--
            (1) by redesignating subparagraphs (J) and (K) as
        subparagraphs (K) and (L), respectively; and
            (2) by inserting after subparagraph (I) the following new
        subparagraph (J):
            ``(J) tests for the early detection and diagnosis of
        prostate cancer;''.
    (b) Coverage of Services for Early Detection and Treatment of
Prostate Cancer.--
            (1) In general.--Chapter 17 of such title is amended by
        inserting after section 1724 the following new section:
``Sec. 1725. Prostate cancer detection and treatment
    ``(a) The Secretary shall include in the medical services furnished
to veterans under this chapter--
            ``(1) services for the early detection and treatment of
        prostate cancer;
            ``(2) information on the early detection and treatment of
        prostate cancer; and
            ``(3) counseling regarding prostate cancer.
    ``(b) Based on the best available medical evidence, the Secretary
shall implement a schedule for early detection of prostate cancer for
veterans confined to hospitals or other institutions.
    ``(c) For the purposes of this section--
            ``(1) services for the early detection of prostate cancer
        are procedures provided to a male for the purpose of the early
        detection of prostate cancer, including digital rectal
        examinations, prostate-specific antigen blood tests, and
        transrectal ultrasonography; and
            ``(2) services for treatment of prostate cancer may include
        the furnishing of drugs approved by the Food and Drug
        Administration for the treatment of prostate cancer.
    ``(d) The Secretary may carry out research and research training in
the diagnosis and treatment of prostate cancer based upon the prostate
cancer services provided under this section and may develop guidelines
outlining effective treatment regimens for prostate cancer.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by inserting after the
        item relating to section 1724 the following new item:

``1725. Prostate cancer detection and treatment.''.

Summary: Prostate Cancer Diagnosis and Treatment Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of services for the early detection of prostate cancer and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services. Amends Federal law to cover such detection and treatment services for veterans as a preventive health service.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayers Right to Know Act''.

SEC. 2. REQUIREMENTS RELATING TO ANNUAL REPORT ON COST OF, PERFORMANCE
              BY, AND AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS.

    (a) Requirement To Identify and Describe Programs.--Each fiscal
year, for purposes of the report required by subsection (b), the head
of each agency shall--
            (1) identify and describe every program administered by the
        agency;
            (2) for each such program--
                    (A) determine the total administrative expenses of
                the program;
                    (B) determine the expenditures for services for the
                program;
                    (C) estimate the number of clients served by the
                program and beneficiaries who received assistance under
                the program (if applicable); and
                    (D) estimate--
                            (i) the number of full-time employees who
                        administer the program; and
                            (ii) the number of full-time equivalents
                        (whose salary is paid in part or full by the
                        Federal Government through a grant or contract,
                        a subaward of a grant or contract, a
                        cooperative agreement, or another form of
                        financial award or assistance) who assist in
                        administering the program; and
            (3) identify programs within the Federal Government
        (whether inside or outside the agency) with duplicative or
        overlapping missions, services, and allowable uses of funds.
    (b) Relationship to Catalog of Domestic Assistance.--With respect
to the requirements of subsections (a)(1) and (a)(2)(B), the head of an
agency may use the same information provided in the catalog of domestic
and international assistance programs in the case of any program that
is a domestic or international assistance program.
    (c) Report.--Not later than February 1 of each fiscal year, the
head of each agency shall publish on the official public website of the
agency a report containing the following:
            (1) The information required under subsection (a) with
        respect to the preceding fiscal year.
            (2) The latest performance reviews (including the program
        performance reports required under section 1116 of title 31,
        United States Code) of each program of the agency identified
        under subsection (a)(1), including performance indicators,
        performance goals, output measures, and other specific metrics
        used to review the program and how the program performed on
        each.
            (3) For each program that makes payments, the latest
        improper payment rate of the program and the total estimated
        amount of improper payments, including fraudulent payments and
        overpayments.
            (4) The total amount of unspent and unobligated program
        funds held by the agency and grant recipients (not including
        individuals) stated as an amount--
                    (A) held as of the beginning of the fiscal year in
                which the report is submitted; and
                    (B) held for five fiscal years or more.
            (5) Such recommendations as the head of the agency
        considers appropriate--
                    (A) to consolidate programs that are duplicative or
                overlapping;
                    (B) to eliminate waste and inefficiency; and
                    (C) to terminate lower priority, outdated, and
                unnecessary programs and initiatives.
    (d) Definitions.--In this Act:
            (1) Administrative expenses.--The term ``administrative
        costs'' has the meaning as determined by the Director of the
        Office of Management and Budget under section 504(b)(2) of
        Public Law 111-85 (31 U.S.C. 1105 note), except the term shall
        also include, for purposes of that section and this section,
        with respect to an agency--
                    (A) costs incurred by the agency as well as costs
                incurred by grantees, subgrantees, and other recipients
                of funds from a grant program or other program
                administered by the agency; and
                    (B) expenses related to personnel salaries and
                benefits, property management, travel, program
                management, promotion, reviews and audits, case
                management, and communication about, promotion of, and
                outreach for programs and program activities
                administered by the agency.
            (2) Services.--The term ``services'' has the meaning
        provided by the Director of the Office of Management and Budget
        and shall be limited to only activities, assistance, and aid
        that provide a direct benefit to a recipient, such as the
        provision of medical care, assistance for housing or tuition,
        or financial support (including grants and loans).
            (3) Agency.--The term ``agency'' has the same meaning given
        that term in section 551(1) of title 5, United States Code,
        except that the term also includes offices in the legislative
        branch other than the Government Accountability Office.
            (4) Performance indicator, performance goal, output
        measure, program activity.--The terms ``performance
        indicator'', ``performance goal'', ``output measure'', and
        ``program activity'' have the meanings provided by section 1115
        of title 31, United States Code.
            (5) Program.--The term ``program'' has the meaning provided
        by the Director of the Office of Management and Budget and
        shall include, with respect to an agency, any organized set of
        activities directed toward a common purpose or goal undertaken
        by the agency that includes services, projects, processes, or
        financial or other forms of assistance, including grants,
        contracts, cooperative agreements, compacts, loans, leases,
        technical support, consultation, or other guidance.

SEC. 3. AMENDMENTS TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS.

    (a) Addition of International Assistance Programs.--
            (1) In general.--Section 6101 of title 31, United States
        Code, is amended by adding at the end the following:
            ``(7) The term `international assistance' has the meaning
        provided by the Director of the Office of Management and Budget
        and shall include, with respect to an agency, assistance
        including grants, contracts, compacts, loans, leases, and other
        financial and technical support to--
                    ``(A) foreign nations;
                    ``(B) international organizations;
                    ``(C) services provided by programs administered by
                any agency outside of the territory of the United
                States; and
                    ``(D) services funded by any agency provided in
                foreign nations or outside of the territory of the
                United States by non-governmental organizations and
                entities.
            ``(8) The term `assistance program' means each of the
        following:
                    ``(A) A domestic assistance program.
                    ``(B) An international assistance program.''.
            (2) Conforming amendments.--
                    (A) Section 6102 of title 31, Untied States Code,
                is amended--
                            (i) in subsection (a), in the matter
                        preceding paragraph (1), by striking
                        ``domestic'' both places it appears; and
                            (ii) in subsection (b), by striking
                        ``domestic''.
                    (B) Section 6104 of such title is amended--
                            (i) in subsections (a) and (b), by
                        inserting ``and international assistance''
                        after ``domestic assistance'' each place it
                        appears; and
                            (ii) in the section heading, by inserting
                        ``and international'' after ``domestic''.
    (b) Additional Information Required To Be Included Catalog.--
Section 6104(b) of title 31, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) the information required in paragraphs (1) through
        (4) of subsection (b) of the Taxpayers Right to Know Act;
            ``(5) the budget function or functions applicable to each
        assistance program contained in the catalog;
            ``(6) with respect to each assistance program in the
        catalog, an electronic link to the annual report required by
        section 2(b) of the Taxpayers Right to Know Act by the agency
        that carries out the assistance program; and
            ``(7) the authorization and appropriation amount provided
        by law for each assistance program in the catalog in the
        current fiscal year, and a notation if the program is not
        authorized in the current year, has not been authorized in law,
        or does not receive a specific line item appropriation.''.
    (c) Report Related to Compliance With Catalog Requirements.--
Section 6104 of title 31, United States Code, is further amended by
adding at the end the following new subsection:
    ``(e) Compliance.--On the website of the catalog of Federal
domestic and international assistance information, the Administrator
shall provide the following:
            ``(1) Contact information.--The title and contact
        information for the person in each agency responsible for the
        implementation, compliance, and quality of the data in the
        catalog.
            ``(2) Report.--An annual report compiled by the
        Administrator of domestic assistance programs, international
        assistance programs, and agencies with respect to which the
        requirements of this chapter are not met.''.
    (d) Bulk Downloads of Data.--Section 6103 of such title is amended
by adding at the end the following new subsection:
    ``(d) Bulk Downloads.--The information in the catalog of domestic
and international assistance under section 6104 of this title shall be
available on a regular basis through bulk downloads from the website of
the catalog.''.
    (e) Revision to Agency Definition.--Section 6101(2) of such title
is amended by inserting before the period at the end the following:
``except such term also includes offices in the legislative branch
other than the Government Accountability Office''.

SEC. 4. REGULATIONS AND IMPLEMENTATION.

    (a) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe regulations to implement this Act.
    (b) Implementation.--This Act shall be implemented beginning with
the first full fiscal year occurring after the date of the enactment of
this Act.

Summary: Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency. (2) determine the total administrative expenses and expenditures for services for each program. (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program. (4) estimate the number of full-time federal and contract employees who administer each program. And (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States, (2) information required by this Act. And (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog.

A bill to provide taxpayers with an annual report disclosing the cost of, performance by, and areas for improvements for Government programs, and for other purposes.