SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Revolving Loan Fund Pilot Project Act of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds:
            (1) Nationwide, older abandoned or under-used commercial
        and industrial sites known as brownfields are often overlooked
        for redevelopment because of real or perceived contamination
        from past commercial or industrial activities.
            (2) Reuse of these sites often requires site assessment and
        cleanup, adding costs and uncertainties to the redevelopment
        process, and prompting many developers to pursue cheaper, less
        complicated development options on undeveloped sites.
            (3) Brownfields are at a competitive disadvantage relative
        to greenfield sites, as capital for their cleanup and
        redevelopment may not be available. Often located in distressed
        areas, brownfields, owned by public, private, or nonprofit
        entities, are frequently unable to secure financing for site
        remediation.
            (4) States have created remedial action programs to allow a
        person to respond voluntarily to a release or suspected release
        of hazardous substances at low and medium priority facilities.
        Such programs have flourished due to the States' ability to
        streamline duplicative State and Federal regulatory
        requirements and affect a timely, cost-effective, and
        environmentally protective cleanup of sites.
            (5) Because of their experience in administering targeted
        loan assistance programs, States are in a good position to use
        Federal funds to capitalize revolving loan funds to support
        local cleanup and redevelopment projects.
    (b) Purpose.--The purpose of this Act is to establish a pilot
project to revitalize distressed communities by providing loans for
cleanup of eligible brownfield facilities and properties that are
remediated through State voluntary cleanup programs and that have the
potential to attract private investment, foster clean manufacturing,
and create jobs for local residents.

SEC. 3. PILOT PROJECT PROVIDING REVOLVING LOAN FUND FOR CLEANUPS UNDER
              STATE VOLUNTARY CLEANUP PROGRAMS.

    (a) Establishment of Loan Program.--The Administrator of the
Environmental Protection Agency (hereinafter in this Act referred to as
the ``Administrator'') shall establish a pilot project to provide a
capitalization loan to one or more States that submit applications to
the Administrator to establish or expand a State revolving loan fund
for purposes of providing loans for voluntary environmental cleanups of
eligible facilities.
    (b) Application for Loan.--An application for a capitalization loan
under this section shall be in such form as the Administrator considers
appropriate. At a minimum, the application shall include each of the
following:
            (1) Evidence that the State is carrying out a voluntary
        cleanup program for eligible facilities. The Administrator
        shall ensure that the State voluntary program provides, at a
        minimum, adequate opportunities for meaningful public
        participation, sufficient technical assistance, and adequate
        oversight and enforcement authority to ensure that cleanups
        protect human health and the environment, adequate resources
        are available to carry out cleanup, and certification from the
        State to the owner or prospective purchaser that the cleanup is
        complete.
            (2) Evidence that the State will provide a matching share
        of at least 20 percent of the costs of such cleanup from either
        new or existing sources of State funding.
            (3) A description of the State's proposed revolving loan
        program and of the State's capability to manage the program.
        States may use interest income or loan repayments (in an amount
        equal to not more than 10 percent of their revolving loan
fund amount) for program administrative purposes. At a minimum, the
State's revolving loan program shall--
                    (A) provide loans to both public and private
                parties conducting voluntary cleanups under the State's
                voluntary cleanup program who are unable to secure
loans from private lending institutions or other means of financing;
                    (B) require that borrowers demonstrate credit
                worthiness and the ability to carry out the cleanup;
                and
                    (C) give priority to loans for the purpose of
                cleaning up--
                            (i) facilities that are planned to be
                        reused for industrial purposes that employ
                        environmentally sound practices; and
                            (ii) facilities that will generate jobs for
                        contractors whose principal place of business
                        is the political subdivision in which the
                        facility is located or for laborers who reside
                        in such political subdivisions.
            (4) A statement that the State will begin repayment of the
        loan within 5 years after receipt of the loan, and evidence of
        the State's ability to repay the loan.
            (5) A statement that a loan from the revolving loan fund
        will not be used to pay for any of the following:
                    (A) New construction at previously undeveloped
                sites.
                    (B) Environmental fines or penalties.
                    (C) Speculative assessments or speculative
                rehabilitation at facilities with little or no
                potential for economic development.
            (6) Such other elements as the Administrator considers
        appropriate.
    (c) Amount of Loan.--The Administrator shall determine the
distribution of funds among the eligible States. The amount of a
capitalization loan made by the Administrator under this Act to a State
may not exceed 15 percent of the amount available each year to all the
eligible States.
    (d) Authorization.--There are authorized to be appropriated to the
Administrator for purposes of making capitalization loans to States
under the pilot project established by this section the sum of
$5,000,000 for fiscal year 1998 and $7,500,000 for each of the fiscal
years 1999 and 2000.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the term ``eligible facility'' means a
facility or property that is a low- or medium-priority environmental
hazard for the State, but whose environmental contamination is thought
to be preventing the timely use, redevelopment, or reuse of the
facility or property, and is thought to be limited in scope and readily
assessable, except that such term shall not include any of the
following:
            (1) A facility for which an abatement action has been taken
        or is scheduled to be taken under section 106 of the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 or for which an action has been taken or
        is scheduled to be taken under section 7003 of the Solid Waste
        Disposal Act.
            (2) A facility that is the subject of a Federal response
        action under section 104 of the Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980 (42 U.S.C.
        9601 et seq.).
            (3) A facility included on the National Priorities List or
        proposed for inclusion and for which documentation for listing
        has been prepared by the State or the Administrator.
            (4) A facility required to have a permit under section 3005
        of the Solid Waste Disposal Act that does not have a permit
        under that section and does not qualify for authorization to
        operate in interim status under subsection (e) of that section.
            (5) A land disposal unit with respect to which a closure
        requirement under subtitle C of the Solid Waste Disposal Act
        (42 U.S.C. 6921 et seq.) is submitted and closure requirements
        are specified in a closure plan or permit.
            (6) A facility that is the subject of a corrective action
        under section 3004(u) or 3008(h) of the Solid Waste Disposal
        Act (42 U.S.C. 5924(u) or 6928(h)) that has been evaluated as
        high priority under the Environmental Protection Agency's
        National Corrective Action Priority System as set forth in
        regulations under subtitle C of the Solid Waste Disposal Act.
            (7) A facility at which assistance for response activities
        may be obtained pursuant to subtitle I of the Solid Waste
        Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
        Underground Storage Tank Trust Fund established under section
        9508 of the Internal Revenue Code of 1986.
            (8) A facility owned or operated by a department, agency,
        or instrumentality of the United States.

Summary: Brownfield Cleanup and Redevelopment Revolving Loan Fund Pilot Project Act of 1997 - Directs the Administrator of the Environmental Protection Agency to establish a pilot project of capitalization loans to States to establish or expand revolving loan funds for voluntary cleanup of eligible facilities. Defines eligible facility, with exceptions, as a facility or property that is a low- or medium-priority environmental hazard for the State but whose environmental contamination is thought to be: (1) preventing the timely use, redevelopment, or reuse of the facility or property, and (2) limited in scope and readily assessable. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arches National Park Expansion Act
of 1998''.

SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH.

    (a) Boundary Expansion.--The first section of Public Law 92-155 (16
U.S.C. 272) is amended--
        (1) by striking ``That (a) subject to'' and inserting the
    following:

``SECTION 1. ESTABLISHMENT OF PARK.

    ``(a) In General.--
        ``(1) Initial boundaries.--Subject to''; and
        (2) by striking ``Such map'' and inserting the following:
        ``(2) Expanded boundaries.--Effective on the date of enactment
    of this paragraph, the boundary of the park shall include the area
    consisting of approximately 3,140 acres and known as the `Lost
    Spring Canyon Addition', as depicted on the map entitled `Boundary
    Map, Arches National Park, Lost Spring Canyon Addition', numbered
    138/60,000-B, and dated April 1997.
        ``(3) Maps.--The maps described in paragraphs (1) and (2)''.
    (b) Inclusion of Land in Park.--Section 2 of Public Law 92-155 (16
U.S.C. 272a) is amended--
        (1) by striking ``Sec. 2. The Secretary'' and inserting the
    following:

``SEC. 2. ACQUISITION OF PROPERTY.

    ``(a) In General.--The Secretary''; and
        (2) by adding at the end the following:
    ``(b) Lost Spring Canyon Addition.--As soon as practicable after
the date of enactment of this subsection, the Secretary shall transfer
jurisdiction over the Federal land contained in the Lost Spring Canyon
Addition from the Bureau of Land Management to the National Park
Service.''.
    (c) Livestock Grazing.--Section 3 of Public Law 92-155 (16 U.S.C.
272b) is amended--
        (1) by striking ``Sec. 3. Where'' and inserting the following:

``SEC. 3. LIVESTOCK GRAZING.

    ``(a) In General.--In a case in which''; and
        (2) by adding at the end the following:
    ``(b) Lost Spring Canyon Addition.--
        ``(1) Continuation of grazing leases, permits, and licenses.--
    In the case of any grazing lease, permit, or license with respect
    to land in the Lost Spring Canyon Addition that was issued before
    the date of enactment of this subsection, the Secretary shall,
    subject to periodic renewal, continue the grazing lease, permit, or
    license for a period equal to the lifetime of the holder of the
    grazing lease, permit, or license as of that date plus the lifetime
    of any direct descendants of the holder born before that date.
        ``(2) Retirement.--A grazing lease, permit, or license
    described in paragraph (1) shall be permanently retired at the end
    of the period described in paragraph (1).
        ``(3) Periodic renewal.--Until the expiration of the period
    described in paragraph (1), the holder (or descendant of the
    holder) of a grazing lease, permit, or license shall be entitled to
    renew the lease, permit, or license periodically, subject to such
    limitations, conditions, or regulations as the Secretary may
    prescribe.
        ``(4) Sale.--A grazing lease, permit, or license described in
    paragraph (1) may be sold during the period described in paragraph
    (1) only on the condition that the purchaser shall, immediately
    upon acquisition, permanently retire the lease, permit, or license.
        ``(5) Taylor grazing act.--Nothing in this subsection affects
    other provisions concerning leases, permits, or licenses under the
    Act of June 28, 1934 (commonly known as the `Taylor Grazing Act')
    (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).
        ``(6) Administration.--Any portion of a grazing lease, permit,
    or license with respect to land in the Lost Spring Canyon Addition
    shall be administered by the National Park Service.''.
    (d) Withdrawal From Mineral Entry and Leasing; Pipeline
Management.--Section 5 of Public Law 92-155 (16 U.S.C. 272d) is
amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--The Secretary shall administer, protect and
develop the park in accordance with the provisions of the law generally
applicable to units of the National Park System, including the Act
entitled `An Act to establish a National Park Service, and for other
purposes', approved August 25, 1916 (39 Stat. 535).''; and
        (2) by striking subsection (b) and inserting the following:
    ``(b) Lost Spring Canyon Addition.--
        ``(1) Withdrawal.--Subject to valid existing rights, all
    Federal land in the Lost Spring Canyon Addition is appropriated and
    withdrawn from entry, location, selection, leasing, or other
    disposition under the public land laws (including the mineral
    leasing laws).
        ``(2) Effect.--The inclusion of the Lost Spring Canyon Addition
    in the park shall not affect the operation or maintenance by the
    Northwest Pipeline Corporation (or its successors or assigns) of
    the natural gas pipeline and related facilities located in the Lost
    Spring Canyon Addition on the date of enactment of this
    paragraph.''.
    (e) Effect on School Trust Land.--
        (1) Findings.--Congress finds that--
            (A) a parcel of State school trust land, more specifically
        described as section 16, township 23 south, range 22 east, of
        the Salt Lake base and meridian, is partially contained within
        the Lost Spring Canyon Addition included within the boundaries
        of Arches National Park by the amendment by subsection (a);
            (B) the parcel was originally granted to the State of Utah
        for the purpose of generating revenue for the public schools
        through the development of natural and other resources located
        on the parcel; and
            (C) it is in the interest of the State of Utah and the
        United States for the parcel to be exchanged for Federal land
        of equivalent value outside the Lost Spring Canyon Addition to
        permit Federal management of all lands within the Lost Spring
        Canyon Addition.
        (2) Land exchange.--Public Law 92-155 (16 U.S.C. 272 et seq.)
    is amended by adding at the end the following:

``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LAND.

    ``(a) Exchange Requirement.--
        ``(1) In general.--If, not later than 1 year after the date of
    enactment of this section, and in accordance with this section, the
    State of Utah offers to transfer all right, title, and interest of
    the State in and to the school trust land described in subsection
    (b)(1) to the United States, the Secretary--
            ``(A) shall accept the offer on behalf of the United
        States; and
            ``(B) not later than 180 days after the date of acceptance,
        shall convey to the State of Utah all right, title, and
        interest of the United States in and to the land described in
        subsection (b)(2).
        ``(2) Simultaneous conveyances.--Title to the school trust land
    shall be conveyed at the same time as conveyance of title to the
    Federal lands by the Secretary.
        ``(3) Valid existing rights.--The land exchange under this
    section shall be subject to valid existing rights, and each party
    shall succeed to the rights and obligations of the other party with
    respect to any lease, right-of-way, or permit encumbering the
    exchanged land.
    ``(b) Description of Parcels.--
        ``(1) State conveyance.--The school trust land to be conveyed
    by the State of Utah under subsection (a) is section 16, Township
    23 South, Range 22 East of the Salt Lake base and meridian.
        ``(2) Federal conveyance.--The Federal land to be conveyed by
    the Secretary consists of approximately 639 acres, described as
    lots 1 through 12 located in the S\1/2\N\1/2\ and the N\1/2\N\1/
    2\N\1/2\S\1/2\ of section 1, Township 25 South, Range 18 East, Salt
    Lake base and meridian.
        ``(3) Equivalent value.--The Federal land described in
    paragraph (2) shall be considered to be of equivalent value to that
    of the school trust land described in paragraph (1).
    ``(c) Management by State.--
        ``(1) In general.--At least 60 days before undertaking or
    permitting any surface disturbing activities to occur on land
    acquired by the State of Utah under this section, the State shall
    consult with the Utah State Office of the Bureau of Land Management
    concerning the extent and impact of such activities on Federal land
    and resources and conduct, in a manner consistent with Federal law,
    inventory, mitigation, and management activities in connection with
    any archaeological, paleontological, and cultural resources located
    on the acquired lands.
        ``(2) Preservation of existing uses.--To the extent that it is
    consistent with applicable law governing the use and disposition of
    State school trust land, the State shall preserve existing grazing,
    recreational, and wildlife uses of the acquired lands in existence
    on the date of enactment of this section.
        ``(3) Activities authorized by management plan.--Nothing in
    this subsection precludes the State of Utah from authorizing or
    undertaking a surface or mineral activity that is authorized by a
    land management plan for the acquired land.
    ``(d) Implementation.--Administrative actions necessary to
implement the land exchange under this section shall be completed not
later than 180 days after the date of enactment of this section.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Arches National Park Expansion Act of 1998 - Modifies the boundary of the Arches National Park, Utah, to include the area known as the Lost Spring Canyon Addition. Requires the Secretary of the Interior to transfer jurisdiction over the Federal lands contained in the area from the Bureau of Land Management to the National Park Service. Specifies restrictions on the continuation and sale of existing grazing leases, permits, or licenses for the area. Requires the Secretary to administer, protect, and develop the park in accordance with specified law. Withdraws Federal lands within the area from the public land laws, including the mineral leasing laws. Provides that the inclusion of the area in the Park shall not affect the operation or maintenance of the natural gas pipeline and related facilities located in the area by the Northwest Pipeline Corporation or its successors. Directs the Secretary to transfer specified Federal lands to the State of Utah in exchange for specified State school trust lands in the area, if the State offers such exchange within one year after enactment of this Act. Subjects such exchanged lands to valid existing rights. Specifies requirements to be satisfied by the State before undertaking or permitting any surface disturbing activities on the acquired lands. Requires the State to preserve existing grazing, recreational, and wildlife uses of such lands in existence on the enactment of this Act. Permits Utah to authorize or undertake surface or mineral activities authorized by land management plans for the acquired lands.


SECTION 1. NOTICE OF APPLICATION BY INDIAN TRIBE FOR FEDERAL STATUS.

    (a) Letter of Intent.--To seek acknowledgment or recognition as an
Indian tribe under Federal law, the petitioner must first submit to the
Secretary of the Interior a letter of intent to seek such status.
    (b) Notice to States.--Not later than 30 days after receiving a
letter of intent, the Secretary shall notify the Governor and attorney
general of each State in which the petitioner states that it is located
of the following:
            (1) That the letter of intent has been filed.
            (2) The name and contact information for the Indian tribe.
    (c) Notice to Municipalities.--Not later than 60 days after
receiving a letter of intent under subsection (a), the Secretary shall
consult with the Governor and attorney general of the affected State or
States to identify municipalities that are located within the vicinity
of the place that the petitioner states on the application that it is
located. The Secretary shall provide the notice required under
subsection (b) to such municipalities within 30 days of the completion
of the consultation process.

SEC. 2. INTERESTED PARTY STATUS.

    The Governor, attorney general, and each municipality identified
pursuant to section 1 shall be interested parties in the review of each
corresponding acknowledgement petition. The petitioner shall serve each
interested party with all documents submitted as part of its petition.

SEC. 3. COMPLETION OF PETITION.

    In consultation with the petitioner, the Secretary shall determine
when the petition is complete and ready for acknowledgment review.
Interested parties shall be notified of such determination within 30
days. No additional documents shall be submitted by the petitioner
after this determination until issuance of a proposed finding under
part 83 of title 25, Code of Federal Regulations.

SEC. 4. ACTIVE REVIEW.

    The Secretary shall notify the petitioner and all interested
parties, and publish notice in the Federal Register, of the date that a
petition comes under active review under part 83 of title 25, Code of
Federal Regulations. Such notice shall be provided within 7 days of the
date the petition comes under active review.

SEC. 5. PUBLIC COMMENT ON APPLICATION FOR FEDERAL STATUS.

    The Secretary shall provide a reasonable period for comment by
interested parties and the public on each petition for Federal
acknowledgment or recognition. Such comment period shall commence upon
filing of a letter of intent and end no sooner than 120 days before the
deadline for issuance of a proposed finding under part 83 of title 25,
Code of Federal Regulations. Interested parties shall serve their
comments on the petitioner and any other interested parties. The
Secretary shall provide all public comments to the petitioner and
interested parties. Such comments shall be given full consideration
when deciding to grant or deny the petition. Any petition under review
on the date of the enactment of this Act not subject to such comment
shall be reconsidered by the Secretary to provide a comment period in
accordance with this section.

SEC. 6. REGULATORY CRITERIA.

    The Director may not grant Federal acknowledgment or recognition to
any Indian tribe unless such petitioner has met all of the criteria
listed in part 83 of title 25, Code of Federal Regulations. When
issuing proposed findings and final determinations on Federal
acknowledgment or recognition, the Secretary shall publish in the
Federal Register detailed findings on each of those criteria. Such
findings shall be accompanied by a report under part 83 of title 25,
Code of Federal Regulations. Any findings for petitions under review on
the date of the enactment of this Act for which such findings and
report have not been issued shall be reconsidered by the Secretary in
accordance with this section.

SEC. 7. FUNDING FOR BRANCH OF ACKNOWLEDGMENT AND RESEARCH.

    There is authorized to be appropriated for the Branch of
Acknowledgment and Research of the Bureau of Indian Affairs $1,800,000
each fiscal year.

SEC. 8. GRANT PROGRAM FOR PARTICIPATION IN DECISIONMAKING PROCESSES.

    (a) In General.--To the extent funds are made available by
appropriations and acceptable requests are submitted, the Secretary
shall provide grants to local governments to assist those local
governments in participating in the decisionmaking process related to
actions described in subsection (b), if the Secretary determines that
such actions are likely to significantly affect the people represented
by the local governments and to reimburse local governments for the
costs of such participation that were incurred after the date of the
enactment of this Act. Grants may also be made under this section to
reimburse local governments for activities that were undertaken before
the date of the enactment of this Act, but which otherwise meet the
requirements for a grant under this section.
    (b) Actions for Which Grants May Be Available.--The Secretary may
make grants under this section for participation assistance related to
the following actions:
            (1) Acknowledgment.--An Indian group is seeking Federal
        acknowledgment or recognition and the Secretary determines that
        the Indian group seeking such acknowledgment or recognition (or
        reacknowledgment or rerecognition) is located within or
        adjacent to the boundaries of the area under the jurisdiction
        of the local government, or has asserted or is likely to seek
        trust status with respect to land within boundaries of the area
        over which the local government has jurisdiction.
            (2) Trust land.--An acknowledged Indian tribe is requesting
        that land within, or adjacent to, the boundaries of the area
        over which the local government has jurisdiction be put into
        trust status for that tribe.
            (3) Land claims.--An Indian group or an acknowledged Indian
        tribe is claiming, or is expected to claim, interest in land
        based upon a treaty or a law specifically applicable to
        transfers of land or natural resources from, by, or on behalf
        of any Indian, Indian nation, or group, tribe, or band of
        Indians (including the Acts commonly known as the Trade and
        Intercourse Acts (1 Stat. 137; 2 Stat. 139; and 4 Stat. 729)).
            (4) Other actions.--Any other action or proposed action
        relating to an Indian group or acknowledged Indian tribe if the
        Secretary determines that the action or proposed action is
        likely to significantly affect the people represented by that
        local government.
    (c) Amount of Grants.--Grants awarded under this section to a local
government for any one action may not exceed $500,000 in any fiscal
year.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000 for each fiscal year.

SEC. 9. GRANT PROGRAM FOR IMPACT AID.

    (a) In General.--To the extent funds are made available by
appropriations and acceptable requests are submitted, the Secretary
shall provide grants to local governments to assist those local
governments with activities related to infrastructure, public safety,
or social services, if the Secretary determines that such activities
are made necessary or prudent as a result of the activities of a
federally recognized Indian tribe.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.

SEC. 10. REPEAL OF REVOLVING DOOR EXEMPTION.

    Section 104(j) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450i(j)) is repealed.

SEC. 11. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Acknowledged indian tribe.--The term ``acknowledged
        Indian tribe'' means any Indian tribe, band, nation, pueblo, or
        other organized group or community which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians.
            (2) Director.--The term ``Director'' means the Director of
        the Bureau of Indian Affairs.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

Summary: Sets forth procedures regarding the submission and notification of letters of intent by Indian tribes seeking acknowledgment or recognition under Federal law. Provides that petitioning tribes must first submit letters of intent to the Secretary of the Interior. Makes the Governor, the Attorney General, and each municipality located within the vicinity interested parties in the review. Requires the Secretary to: (1) determine when a petition is complete and ready for acknowledgment review, notify the petitioner and all interested parties, and publish notice in the Federal Register. And (2) provide a reasonable period for comment. Directs the Secretary of the Interior to provide grants to assist local governments in participating in the decision making process related to the following actions if the Secretary determines that such actions are likely to significantly affect the people represented by the local governments and to reimburse such governments for the costs of such participation: (1) an Indian group is seeking Federal acknowledgment or recognition and the Secretary determines that such group is located within or adjacent to the area under the local government's jurisdiction, or has asserted or is likely to seek trust status with respect to land within the area over which the local government has jurisdiction. (2) an acknowledged tribe is requesting that land within or adjacent to the area over which the local government has jurisdiction be put into trust status for it. And (3) an Indian group or an acknowledged tribe is claiming, or is expected to claim, interest in land based upon a treaty or law specifically applicable to land or natural resource transfers from, by, or on behalf of Indians. Permits the making of grants also to reimburse local governments for activities that were undertaken before the enactment of this Act. Directs the Secretary to provide grants to local governments to assist them with activities related to infrastructure, public safety, or social services that are made necessary or prudent as a result of a federally-recognized tribe's activities.

To provide for uniform recognition of Indian tribes by the Bureau of Indian Affairs, and for other purposes.


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Patient Right to
Know Act''.
    (b) Findings.--Congress finds the following:
            (1) Patients need access to all relevant information to
        make appropriate decisions about their health care.
            (2) Open medical communications between health care
        providers and their patients is a key to prevention and early
        diagnosis and treatment, as well as to informed consent and
        quality, cost-effective care.
            (3) Open medical communications are in the best interests
        of patients.
            (4) Open medical communications must meet applicable legal
        and ethical standards of care.
            (5) It is critical that health care providers continue to
        exercise their best medical, ethical, and moral judgment in
        advising patients without interference from health plans.
            (6) The offering and operation of health plans affect
        commerce among the States.
    (c) Purpose.--It is the purpose of this Act to establish a Federal
standard that protects medical communications between health care
providers and patients.

SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL
              COMMUNICATIONS.

    (a) Prohibition.--
            (1) General rule.--The provisions of any contract or
        agreement, or the operation of any contract or agreement,
        between an entity operating a health plan (including any
        partnership, association, or other organization that enters
        into or administers such a contract or agreement) and a health
        care provider (or group of health care providers) shall not
        prohibit or restrict the provider from engaging in medical
        communications with his or her patient.
            (2) Nullification.--Any contract provision or agreement
        described in paragraph (1) shall be null and void.
            (3) Prohibition on provisions.--Effective on the date
        described in section 5, a contract or agreement described in
        paragraph (1) shall not include a provision that violates
        paragraph (1).
    (b) Rules of Construction.--Nothing in this Act shall be
construed--
            (1) to prohibit the enforcement, as part of a contract or
        agreement to which a health care provider is a party, of any
        mutually agreed upon terms and conditions, including terms and
        conditions requiring a health care provider to participate in,
        and cooperate with, all programs, policies, and procedures
        developed or operated by a health plan to assure, review, or
        improve the quality and effective utilization of health care
        services (if such utilization is according to guidelines or
        protocols that are based on clinical or scientific evidence and
        the professional judgment of the provider) but only if the
        guidelines or protocols under such utilization do not prohibit
        or restrict medical communications between providers and their
        patients; or
            (2) to permit a health care provider to misrepresent the
        scope of benefits covered under a health plan or to otherwise
        require the plan to reimburse providers for benefits not
        covered under the plan
    (c) Enforcement.--
            (1) State authority.--Except as otherwise provided in this
        subsection, each State shall enforce the provisions of this Act
        with respect to health insurance issuers that issue, sell,
        renew, or offer health plans in the State.
            (2) Enforcement by secretary.--
                    (A) In general.--Effective on January 1, 1998, if
                the Secretary, after consultation with the chief
                executive officer of a State and the insurance
                commissioner or chief insurance regulatory official of
                the State, determines that the State has failed to
                substantially enforce the requirements of this Act with
                respect to health insurance issuers in the State, the
                Secretary shall enforce the requirements of this Act
with respect to such State.
                    (B) Enforcement through imposition of civil money
                penalty.--
                            (i) In general.--With respect to a State in
                        which the Secretary is enforcing the
                        requirements of this Act, an entity operating a
                        health plan in that State that violates
                        subsection (a) shall be subject to a civil
                        money penalty of up to $25,000 for each such
                        violation.
                            (ii) Procedures.--For purposes of imposing
                        a civil money penalty under clause (i), the
                        provisions of subparagraphs (C) through (G) of
                        section 2722(b)(2) of the Health Insurance
                        Portability and Accountability Act of 1996 (42
                        U.S.C. 300gg-22(b)(2)) shall apply except that
                        the provisions of clause (i) of subparagraph
                        (C) of such section shall not apply.
            (3) Self-insured plans.--Effective on January 1, 1998, the
        Secretary of Labor shall enforce the requirements of this
        section in the case of a health plan not subject to State
        regulation by reason of section 514(b) of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)).
            (4) Rule of construction.--Nothing in this Act shall be
        construed to affect or modify the provisions of section 514 of
        the Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1144).
    (d) No Preemption of More Protective Laws.--A State may establish
or enforce requirements with respect to the protection of medical
communications, but only if such requirements are equal to or more
protective of such communications than the requirements established
under this section.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Health care provider.--The term ``health care
        provider'' means anyone licensed or certified under State law
        to provide health care services who is operating within the
        scope of such license.
            (2) Health insurance issuer.--The term ``health insurance
        issuer'' has the meaning given such term in section 2791(b)(2)
        of the Public Health Service Act (as added by the Health
        Insurance Portability and Accountability Act of 1996).
            (3) Health plan.--The term ``health plan'' means a group
        health plan (as defined in section 2791(a) of the Public Health
        Service Act (as added by the Health Insurance Portability and
        Accountability Act of 1996)) and any individual health
        insurance (as defined in section 2791(b)(5)) operated by a
        health insurance issuer and includes any other health care
        coverage provided through a private or public entity. In the
        case of a health plan that is an employee welfare benefit plan
        (as defined in section 3(1) of the Employee Retirement Income
        Security Act of 1974), any third party administrator or other
        person with responsibility for contracts with health care
        providers under the plan shall be considered, for purposes of
        enforcement under this section, to be a health insurance issuer
        operating such health plan.
            (4) Medical communication.--
                    (A) In general.--The term ``medical communication''
                means any communication made by a health care provider
                with a patient of the health care provider (or the
                guardian or legal representative of such patient) with
                respect to--
                            (i) the patient's health status, medical
                        care, or legal treatment options;
                            (ii) any utilization review requirements
                        that may affect treatment options for the
                        patient; or
                            (iii) any financial incentives that may
                        affect the treatment of the patient.
                    (B) Misrepresentation.--The term ``medical
                communication'' does not include a communication by a
                health care provider with a patient of the health care
                provider (or the guardian or legal representative of
                such patient) if the communication involves a knowing
                or willful misrepresentation by such provider.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act,
except that section 2(a)(3) shall take effect 180 days after such date
of enactment.

Summary: Patient Right to Know Act - Prohibits any contract or agreement, or the operation of any contract or agreement, between an entity operating a health plan and a health care provider from prohibiting or restricting the provider from engaging in medical communications with his or her patient. Requires that each State shall enforce this Act with respect to health insurance issuers that sell, renew, or offer health plans in the State. Provides for enforcement of this Act by the Secretary of Health and Human Services if the Secretary, after consultation with the chief executive officer of a State and the insurance commissioner or chief insurance regulatory official of the State, determines that the State has failed to substantially enforce the requirements. Mandates a civil money penalty. Allows State requirements equal to or more protective of medical communications than the requirements of this Act. Defines medical communication as being a communication between a provider and a patient regarding the patient's health status, medical care, or legal treatment options.

Patient Right to Know Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Psychological Kevlar Act of 2006''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce the number of psychological
casualties among military personnel by providing members of the Armed
Forces entering combat with the training, supports, and other evidence-
based measures necessary to improve their psychological resilience and
reduce their susceptibility to post-traumatic stress disorder and other
stress-related psychopathologies.

SEC. 3. PLANS FOR REDUCING POST TRAUMATIC STRESS DISORDER.

    (a) Plan for Prevention.--
            (1) In general.--The Secretary of Defense shall develop and
        implement a plan to incorporate evidence-based preventive and
        early-intervention measures, practices, or procedures that
        reduce the likelihood that personnel in combat will develop
        post-traumatic stress disorder or other stress-related
        psychopathologies (including substance use conditions) into--
                    (A) basic and pre-deployment training for enlisted
                members of the Armed Forces, noncommissioned officers,
                and officers;
                    (B) combat theater operations; and
                    (C) post-deployment service.
            (2) Updates.--The Secretary of Defense shall update the
        plan under paragraph (1) periodically to incorporate, as the
        Secretary considers appropriate, the results of relevant
        research, including research conducted pursuant to section 4.
    (b) Research.--Subject to section 4, the Secretary of Defense shall
conduct and fund, in consultation with the Department of Veterans
Affairs, the National Institutes of Health, and the National Academy of
Sciences, such research as is necessary to develop the plan described
in subsection (a).
    (c) Outreach and Education.--
            (1) Training program for officers.--The Secretary of
        Defense shall develop and implement a training program to
        educate and promote understanding and awareness among
        commissioned officers and non-commissioned officers about the
        signs and risks of combat stress as well as the signs and risks
        of stress-related psychopathology (including substance use
        conditions). Training should include decisions-making tools for
        making a referral for follow-up care.
            (2) Training program for medical professionals.--The
        Secretary of Defense shall develop and implement a training
        program to educate front-line medical professionals and primary
        care providers about the signs and risks of combat stress as
        well as the signs and risks of stress-related psychopathology
        (including substance use conditions).
            (3) Education of members of armed forces.--The Secretary of
        Defense shall educate members of the Armed Forces and their
        families to recognize signs of combat stress, provide members
        pre-deployment combat stress management training, and increase
        outreach and access to members and their families about
        programs and treatment options (such as individual and family
        therapy) that mitigate the negative impact of combat stress on
        the returning member.
            (4) Information dissemination.--The Secretary of Defense
        shall work with the Department of Veterans Affairs and the
        National Institutes of Health to research and implement best
        practices for information dissemination to enlisted personnel,
        officers, unit commanders, primary care providers and other
        medical personnel, and families of members of the Armed Forces.

SEC. 4. EVIDENCE-BASED RESEARCH AND TRAINING.

    (a) Working Group.--The Secretary of Defense shall establish, in
coordination with the Department of Veterans Affairs, the National
Institutes of Health, and the National Academy of Sciences' Institute
of Medicine, a working group tasked with researching and developing
evidence-based measures, practices, or procedures that reduce the
likelihood that personnel in combat will develop post-traumatic stress
disorder or other stress-related psychological pathologies (including
substance use conditions). The working group shall include personnel
with experience in a combat theater, and behavioral health personnel
who have experience providing treatment to individuals with experience
in a combat theater.
    (b) Peer-Reviewed Research Program.--The Secretary of Defense shall
establish a new Peer-Reviewed Research program within the Defense
Health Program's research and development function to research and
develop evidence-based preventive and early intervention measures,
practices, or procedures that reduce the likelihood that personnel in
combat will develop post-traumatic stress disorder or other stress-
related psychopathologies (including substance use conditions). There
is authorized to be appropriated to carry out this subsection
$50,000,000 for fiscal year 2007 and such sums as may be necessary
thereafter.
    (c) Report.--The Secretary of Defense shall submit to Congress
annually a report on the following:
            (1) The status of research conducted under this section.
            (2) The status of the plan required under section 3(a) and
        the expected timeline for the implementation of the plan.
            (3) After the plan under section 3(a) has been implemented,
        the status of the implementation, including measures of the
        plan's impact on psychological casualty rates.
    (d) Facilitation.--The Secretary of Defense shall take such steps
as practicable to facilitate the ability of investigators funded under
this section to work with active-duty military personnel in the course
of their research.

Summary: Psychological Kevlar Act of 2006 - Directs the Secretary of Defense to develop and implement a plan to incorporate preventive and early-intervention measures, practices, or procedures that reduce the likelihood that personnel in combat will develop post-traumatic stress disorder (PTSD) or other stress-related psychopathologies, including substance use conditions. Requires the Secretary to: (1) update the plan periodically. (2) develop and implement a training program to educate and promote awareness among commissioned and noncommissioned officers, front-line medical professionals and primary care providers, and military personnel and their families about the signs and risks of combat stress and stress-related psychopathology. (3) establish a working group to research and develop measures that reduce the likelihood of PTSD or other pathologies in combat veterans. And (4) establish a new Peer-Reviewed Research program for such research and development.

To reduce post traumatic stress disorder and other combat-related stress disorders among military personnel, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Armed Forces Education Benefits
Improvement Act''.

SEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE
              UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS.

    (a) In General.--Section 3015 of title 38, United States Code, is
amended--
            (1) in subsection (a), by amending paragraph (1) to read as
        follows:
            ``(1) for an approved program of education pursued on a
        full-time basis--
                    ``(A) $1,584 per month for months during fiscal
                year 2005; and
                    ``(B) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                paragraph for the previous fiscal year multiplied by
                the percentage increase calculated under subsection
                (h); or'';
            (2) in subsection (b), by amending paragraph (1) to read as
        follows:
            ``(1) for an approved program of education pursued on a
        full-time basis--
                    ``(A) $1,267 per month for months during fiscal
                year 2005; and
                    ``(B) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                paragraph for the previous fiscal year multiplied by
                the percentage increase calculated under subsection
                (h); or''; and
            (3) in subsection (h)(1), by striking ``all items'' and
        inserting ``college tuition and fees''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first month beginning after the
date of enactment of this Act.

SEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS.

    (a) Findings.--Congress finds that--
            (1) the enhanced educational benefits provided under the
        Ronald W. Reagan National Defense Authorization Act for Fiscal
        Year 2005 are an important step in ensuring that members of the
        Selected Reserve are thanked for their increasing role in the
        modern warfare; and
            (2) when these members return from extended tours in Iraq,
        Afghanistan, and other places, they should be provided with
        immediate access to these enhanced educational benefits.
    (b) Cooperation.--The Secretary of Defense shall work expeditiously
with the Secretary of Veterans Affairs to ensure that members of the
Selected Reserve receive the educational benefits referred to in
subsection (a) in a timely manner.
    (c) Studies.--
            (1) Secretary of defense.--The Secretary of Defense shall
        conduct a study analyzing the effect of all Montgomery GI bill
        educational benefits on recruitment and retention during the
        12-month period beginning on the date on which the enhanced
        benefits referred to in subsection (a) become available.
            (2) Secretary of veterans affairs.--The Secretary of
        Veterans Affairs shall conduct a study analyzing the effect of
        all Montgomery GI bill educational benefits on the readjustment
        of veterans eligible for educational benefits under section
        3015 of title 38, United States Code, and chapters 1606 and
        1607 of title 10, United States Code, during the 12-month
        period beginning on the date on which the enhanced benefits
        referred to in subsection (a) become available.
            (3) Report.--Not later than 18 months after the date on
        which the enhanced benefits referred to in subsection (a)
        become available, the Secretary of Defense and the Secretary of
        Veterans Affairs shall submit a report on the results of the
        studies conducted under paragraphs (1) and (2) to--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Armed Services of the House of
                Representatives;
                    (C) the Committee on Veterans' Affairs of the
                Senate; and
                    (D) the Committee on Veterans' Affairs of the House
                of Representatives.

SEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE
              UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE
              SELECTED RESERVE.

    (a) Increase in Rates.--Section 16131(b) of title 10, United States
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``at the following rates:'' and
                inserting ``--''; and
                    (B) by striking subparagraphs (A) through (C) and
                inserting the following:
            ``(A) for a program of education pursued on a full-time
        basis--
                    ``(i) $475 per month for months during fiscal year
                2005; and
                    ``(ii) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                subparagraph for the previous fiscal year multiplied by
                the percentage increase calculated under paragraph (2);
            ``(B) for a program of education pursued on a three-
        quarter-time basis--
                    ``(i) $356 per month for months during fiscal year
                2005; and
                    ``(ii) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                subparagraph for the previous fiscal year multiplied by
                the percentage increase calculated under paragraph (2);
            ``(C) for a program of education pursued on a half-time
        basis--
                    ``(i) $238 per month for months during fiscal year
                2005; and
                    ``(ii) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                subparagraph for the previous fiscal year multiplied by
                the percentage increase calculated under paragraph (2);
                and''; and
            (2) in paragraph (2)--
                    (A) by inserting ``beginning on or after October 1,
                2005'' after ``With respect to any fiscal year''; and
                    (B) in subparagraph (A), by striking ``all items''
                and inserting ``college tuition and fees''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first month beginning after the
date of enactment of this Act.

SEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER
              THE MONTGOMERY GI BILL.

    (a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
    ``(a)(1) Notwithstanding any other provision of this chapter,
during the 1-year period beginning on the date of enactment of this
section, a qualified individual (described in subsection (b)) may make
an irrevocable election under this section to receive basic educational
assistance under this chapter.
    ``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
    ``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
            ``(1) The individual first became a member of the Armed
        Forces or first served on active duty as a member of the Armed
        Forces before July 1, 1985.
            ``(2) The individual--
                    ``(A) has served on active duty without a break in
                service since the date the individual first became such
                a member or first served on active duty as such a
                member; and
                    ``(B) continues to serve on active duty for some or
                all of the 1-year period described in subsection (a).
            ``(3) The individual, before applying for benefits under
        this section--
                    ``(A) completed the requirements of a secondary
                school diploma (or equivalency certificate); or
                    ``(B) has successfully completed (or otherwise
                received academic credit for) the equivalent of 12
                semester hours in a program of education leading to a
                standard college degree.
            ``(4) The individual, when discharged or released from
        active duty, is discharged or released therefrom with an
        honorable discharge.
    ``(c)(1) Subject to paragraph (2), with respect to a qualified
individual who elects under this section to receive basic educational
assistance under this chapter--
            ``(A) the basic pay of the qualified individual shall be
        reduced (in a manner determined by the Secretary concerned)
        until the total amount by which such basic pay is reduced is
        $1,200; and
            ``(B) to the extent that basic pay is not reduced under
        subparagraph (A) before the qualified individual's discharge or
        release from active duty, an amount equal to the difference
        between $1,200 and the total amount of reductions under
        subparagraph (A), which shall be paid into the Treasury of the
        United States as miscellaneous receipts, shall, at the election
        of the qualified individual, be--
                    ``(i) collected from the qualified individual by
                the Secretary concerned; or
                    ``(ii) withheld from the retired or retainer pay of
                the qualified individual by the Secretary concerned.
    ``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
    ``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
    ``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
            ``(1) the Secretary concerned collects the applicable
        amount under subsection (c)(1)(B)(i); or
            ``(2) the retired or retainer pay of the qualified
        individual is first reduced under subsection (c)(1)(B)(ii).
    ``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
    (b) Conforming Amendments.--Section 3017(b)(1) of title 38, United
States Code, is amended--
            (1) in subparagraphs (A) and (C), by striking ``or
        3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
            (2) in subparagraph (B), by inserting ``or 3018D(c)'' after
        ``under section 3018C(e)''.
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of title 38, United States Code, is amended by inserting
after the item relating to section 3018C the following:

``3018D. Opportunity for certain active-duty personnel to enroll.''.

Summary: Armed Forces Education Benefits Improvement Act - Increases for FY2005 and thereafter the amount of monthly basic educational assistance under the Montgomery GI Bill for veterans whose obligated period of active duty for such entitlement is three years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Directs the Secretary of Defense to work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive their educational benefits in a timely manner. Requires a study from the Secretary of: (1) Defense analyzing the effect of all GI Bill educational benefits on recruitment and retention. And (2) Veterans Affairs analyzing the effect of such benefits on the readjustment of veterans eligible for the increased benefits, above. Increases for FY2005 and thereafter the amount of monthly educational assistance for members of the Selected Reserve who agree to remain members for at least six years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Allows eligible members of the Armed Forces to make an irrevocable election to receive basic educational assistance under the GI Bill. Defines as eligible members those who: (1) first became a member or first served on active duty before July 1, 1985. (2) served on active duty without a break in service since such date. (3) continue to so serve during the one-year period following enactment of this Act. (4) have successfully completed the requirements of a secondary school diploma and the equivalent of 12 semester hours toward a standard college degree, and (5) when discharged or released, receive an honorable discharge.

A bill to amend titles 10 and 38 of the United States Code, to increase and index educational benefits for veterans under the Montgomery GI bill to ensure adequate and equitable benefits for active duty members and members of the selected Reserve, and to include certain servicemembers previously excluded from such benefits.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Sexual Trauma Treatment
Act''.

SEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED
              SEXUAL TRAUMA.

    (a) Duration of Program.--Section 1720D of title 38, United States
Code, is amended in subsection (a)--
            (1) in paragraph (1), by striking ``During the period
        through December 31, 2001, the'' and inserting ``The'';
            (2) in paragraph (2), by striking ``During the period
        referred to in paragraph (1), the'' and inserting ``The''; and
            (3) in paragraph (3), by striking ``, during the period
        through December 31, 2001,''.
    (b) Mandatory Nature of Program.--Subsection (a) of such section is
further amended in paragraphs (1) and (2) by striking ``may'' and
inserting ``shall''.
    (c) Provision of Treatment for Sexual Trauma.--Such subsection is
further amended in paragraphs (1) and (3) by inserting ``and
treatment'' after ``counseling'' each place it appears.
    (d) Determinations To Be Made by Mental Health Professionals.--Such
subsection is further amended in paragraph (1) by striking ``the
Secretary determines'' and inserting ``a mental health professional
employed by the Department determines''.
    (e) Outreach Efforts.--Subsection (c) of such section is amended--
            (1) by inserting ``and treatment'' in the first sentence
        and in paragraph (2) after ``counseling'';
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by redesignating paragraph (2) as paragraph (3); and
            (4) by inserting after paragraph (1) the following new
        paragraph (2):
            ``(2) shall ensure that information about the counseling
        and treatment available to veterans under this section (which
        information shall be revised and updated not less often than
        every two years)--
                    ``(A) is made available and visibly posted at each
                facility of the Department; and
                    ``(B) is advertised through public service
                announcements, pamphlets, billboards, and other
                appropriate means of communication; and''.
    (f) Persons Eligible for Counseling and Treatment.--Such section is
further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection (d):
    ``(d)(1) A veteran shall be eligible for counseling and treatment
under this section without regard to the provisions of section 5303A of
this title.
    ``(2) An individual who is a member of a reserve component shall be
eligible for counseling and treatment under this section in the same
manner as a veteran and without regard to the provisions of section
5303A of this title.
    ``(3) An individual who is a former member of a reserve component
(but who is not a veteran within the meaning of section 101 of this
title) and who was discharged or released from service as a member of a
reserve component under conditions other than dishonorable shall be
eligible for counseling and treatment under this section in the same
manner as a veteran and without regard to the provisions of section
5303A of this title.''.
    (g) Oversight of Outreach Activities.--Not later than four months
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall complete the design and updating of public service
announcements, pamphlets, billboards, and other appropriate means of
communication as required for implementation of paragraph (2) of
section 1720D(c) of title 38, United States Code, as added by
subsection (e)(3). Not later than six months after that date, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives examples of the documents and other
means of communication developed for compliance with that paragraph.
    (h) Report on Implementation of Sexual Trauma Treatment Program.--
Not later than 14 months after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the use made of the authority provided under section 1720D of title
38, United States Code, as amended by this section. The report shall
include the following with respect to activities under such section
1720D since the enactment of such section 1720D:
            (1) The number of persons who have sought counseling under
        such section 1720D.
            (2) The number of veterans who have received counseling
        under such section.
            (3) The number of veterans who have been referred to non-
        Department mental health facilities and providers in connection
        with sexual trauma counseling and treatment.
            (4) The number of veterans who have been determined by the
        Secretary to have a service-connected disease or disability
        resulting from sexual trauma.

SEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION
              CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT
              SERVICES.

    (a) Report Required.--Not later than 14 months after the date of
the enactment of this Act, the Secretary of Veterans Affairs and the
Secretary of Defense shall submit to the congressional committees
specified in subsection (b) a joint report describing in detail the
collaborative efforts of the Department of Veterans Affairs and the
Department of Defense to ensure that members of the Armed Forces, upon
separation from active military, naval, or air service, are provided
appropriate and current information about programs of the Department of
Veterans Affairs to provide counseling and treatment for sexual trauma
that may have been experienced by those members while in the active
military, naval, or air service, including information about
eligibility requirements for, and procedures for applying for, such
counseling and treatment. The report shall include proposed
recommendations from both the Secretary of Veterans Affairs and the
Secretary of Defense for the improvement of their collaborative efforts
to provide such information.
    (b) Specified Committees.--The committees referred to in subsection
(a) are the following:
            (1) The Committee on Veterans' Affairs and the Committee on
        Armed Services of the House of Representatives.
            (2) The Committee on Veterans' Affairs and the Committee on
        Armed Services of the Senate.

Summary: Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service . Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications. And (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department.

Veterans Sexual Trauma Treatment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Recovery Through
Oversight of Proprietary Trading Act of 2010'' or the ``PROP Trading
Act''.

SEC. 2. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS
              WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS; CONFLICTS OF
              INTEREST.

    The Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) is
amended by inserting after section 5 the following:

``SEC. 6. PROHIBITIONS ON PROPRIETARY TRADING AND CERTAIN RELATIONSHIPS
              WITH HEDGE FUNDS AND PRIVATE EQUITY FUNDS.

    ``(a) In General.--
            ``(1) Prohibition.--Unless otherwise provided in this
        section, a banking entity shall not--
                    ``(A) engage in proprietary trading; or
                    ``(B) take or retain any equity, partnership, or
                other ownership interest in or sponsor a hedge fund or
                a private equity fund.
            ``(2) Specified nonbank financial companies.--Any specified
        nonbank financial company that engages in proprietary trading
        or takes or retains any equity, partnership, or other ownership
        interest in or sponsors a hedge fund or a private equity fund
        shall be subject to additional capital requirements for and
        additional quantitative limits on such proprietary trading and
        taking or retaining any equity, partnership, or other ownership
        interest in or sponsorship of a hedge fund or a private equity
        fund.
    ``(b) Regulations.--Not later than 180 days after the date of
enactment of this section, the Board and the Federal Deposit Insurance
Corporation shall, in consultation with the Securities and Exchange
Commission and the Commodity Futures Trading Commission, jointly adopt
rules to effectuate the provisions of this section. Such rules shall
give full effect to the prudential intent of the Congress regarding
this section.
    ``(c) Effective Date.--
            ``(1) In general.--The provisions of this section shall
        take effect 18 months after the date of adoption of final rules
        under subsection (b), but not later than 24 months after the
        date of enactment of the PROP Trading Act.
            ``(2) Transition period.--The Board and the Federal Deposit
        Insurance Corporation shall provide a grace period, not to
        exceed 24 months after the date of enactment of the PROP
        Trading Act, during which subsection (a) shall not apply to
        banking entities and specified nonbank financial companies, so
        that such entities and companies may come into compliance with
        this section.
    ``(d) Excluded Activities.--
            ``(1) In general.--Subject to the limitations of paragraph
        (2), in promulgating rules pursuant to subsection (b), the
        Board and the Federal Deposit Insurance Corporation may exclude
        from the restrictions of subsection (a) any transaction, class
        of transactions, or activity (in this section referred to as
        `excluded activities'), including but not limited to--
                    ``(A) the purchase or sale of obligations of the
                United States or any agency thereof, obligations,
                participations, or other instruments of, or, issued by
                the Government National Mortgage Association, the
                Federal National Mortgage Association, and the Federal
                Home Loan Mortgage Corporation, and obligations of any
                State or, of any political subdivision thereof;
                    ``(B) underwriting and market-making to serve
                clients, customers, or counterparties;
                    ``(C) risk-mitigating hedging activities;
                    ``(D) investment in one or more small business
                investment companies or investments designed primarily
                to promote the public welfare, as provided in paragraph
                (11) of section 5136 of the Revised Statutes of the
                United States (12 U.S.C. 24); and
                    ``(E) proprietary trading conducted by a person
                pursuant to paragraph (9) or (13) of section 4(c),
                provided that the trading occurs solely outside of the
                United States and that the person is not directly or
                indirectly controlled or beneficially owned by a United
                States person.
            ``(2) Limitation on excluded activities.--No transaction,
        class of transactions, or activity may be deemed an excluded
        activity under paragraph (1) if it--
                    ``(A) would result in a material conflict of
                interest between the banking entity or the nonbank
                financial company and its clients, customers, or
                counterparties;
                    ``(B) would result, directly or indirectly, in
                exposure to high risk assets or high risk trading
                strategies, as such terms are defined jointly by rule
                by the Board and the Federal Deposit Insurance
                Corporation;
                    ``(C) would pose a threat to the safety and
                soundness of such banking entity or the nonbank
                financial company; or
                    ``(D) would pose a threat to the financial
                stability of the United States.
    ``(e) Limitations on Relationships With Hedge Funds and Private
Equity Funds.--
            ``(1) In general.--No banking entity that serves, directly
        or indirectly, as the investment manager or investment adviser
        to a hedge fund or private equity fund may enter into a covered
        transaction, as defined in section 23A of the Federal Reserve
        Act (12 U.S.C. 371c) with, or provide custody, securities
        lending, or other prime brokerage services to, such person.
            ``(2) Treatment as member bank.--A banking entity that
        serves, directly or indirectly, as the investment manager or
        investment adviser to a hedge fund or private equity fund shall
        be subject to section 23B of the Federal Reserve Act (12 U.S.C.
        371c-1), as if such person were a member bank and such hedge
        fund or private equity fund were an affiliate thereof.
    ``(f) Limitation on Contrary Authority.--No activity that is
authorized for a banking entity or a specified nonbank financial
company under any other provision of law may be engaged in, directly or
indirectly, by a banking entity or a specified financial company under
such authority or under any other provision of law, if such activity is
prohibited or restricted under this section.
    ``(g) Rule of Construction.--Nothing in this section may be
construed to limit the inherent authority of any other Federal agency
under otherwise applicable provisions of law.
    ``(h) Definitions.--
            ``(1) Proprietary trading.--
                    ``(A) In general.--As used in this section, the
                term `proprietary trading' means engaging as a
                principal in any transaction to purchase or sell, or
                which would put capital at risk as a principal in or
                related to any stock, bond, option, contract of sale of
                a commodity for future delivery, swap, security-based
                swap, or any other security or financial instrument
                which the Board and the Federal Deposit Insurance
                Corporation shall jointly, by rule, determine.
                    ``(B) Consideration.--The Board and the Federal
                Deposit Insurance Corporation shall, prior to the
                adoption of rules pursuant to this subsection,
                consider, in consultation with the Securities and
                Exchange Commission and the Commodity Futures Trading
                Commission--
                            ``(i) the length of time that the relevant
                        asset or combination of assets is held;
                            ``(ii) the size and direction of the
                        inventory of the relevant asset, relative to
                        the size and direction of client demand in the
                        relevant asset;
                            ``(iii) whether the asset is for investment
                        or trading purposes;
                            ``(iv) any leverage applied to or embedded
                        in an asset;
                            ``(v) the maximum loss exposure of an
                        asset;
                            ``(vi) the total holdings of assets for
                        market-making purposes;
                            ``(vii) the total holdings of over-the-
                        counter derivatives;
                            ``(viii) the total leverage of the
                        institution; and
                            ``(ix) any other factors that the Board and
                        the Federal Deposit Insurance Corporation may
                        determine appropriate.
            ``(2) Banking entity.--The term `banking entity' means any
        insured depository institution (as defined in section 3 of the
        Federal Deposit Insurance Act (12 U.S.C. 1813)), person that
        controls an insured depository institution, bank holding
        company, institution that is treated as a bank holding company
        for purposes of any other provision of law, and any affiliate
        or subsidiary of any such entity.
            ``(3) Specified nonbank financial company.--The term
        `specified nonbank financial company' means any U.S. nonbank
        financial company or foreign nonbank financial company subject
        to prudential supervision by the Board.
            ``(4) Investment company related terms.--The terms `hedge
        fund' and `private equity fund' mean a company or other entity
        that is exempt from registration as an investment company
        pursuant to section 3(c)(1) or 3(c)(7) of the Investment
        Company Act of 1940 (15 U.S.C. 80a-3(c)(1) or 80a-3(c)(7)), or
        such similar funds as determined appropriate by the Board.
            ``(5) Sponsoring.--The term `sponsoring' a fund means--
                    ``(A) serving as a general partner, managing
                member, or trustee of a fund;
                    ``(B) in any manner selecting or controlling (or
                having employees, officers, or directors, or agents who
                constitute) a majority of the directors, trustees, or
                management of a fund; or
                    ``(C) sharing with a fund, for corporate,
                marketing, promotional, or other purposes, the same
                name or a variation of the same name.''.

SEC. 3. CONFLICTS OF INTEREST IN SECURITIZATION.

    The Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by
inserting after section 27A the following:

``SEC. 27B. CONFLICTS OF INTEREST RELATING TO CERTAIN SECURITIZATIONS.

    ``(a) In General.--An underwriter, placement agent, initial
purchaser, or sponsor of an asset-backed security, shall not, during
such period as the asset-backed security is outstanding and held by
investors that are unaffiliated with such underwriter, placement agent,
initial purchaser, or sponsor, engage in any transaction that would--
            ``(1) give rise to any material conflict of interest with
        respect to any investor in a transaction arising out of such
        activity; or
            ``(2) undermine the value, risk, or performance of the
        asset-backed security.
    ``(b) Commission Rules.--Not later than 180 days after the date of
enactment of this section, the Commission shall, by rule, impose
restrictions on the timing and extent of proprietary trading by an
underwriter, placement agent, initial purchaser, or sponsor and any
affiliates or subsidiaries of such entity in any securities, security-
based swaps, or similar financial instruments that are derived from, or
related to, an asset-backed security for which the entity, its
affiliate, or its subsidiary acts as underwriter, placement agent,
initial purchaser, or sponsor.''.

Summary: Protect Our Recovery Through Oversight of Proprietary Trading Act of 2010 or the PROP Trading Act - Amends the Bank Holding Company Act of 1956 to prohibit a banking entity from: (1) engaging in proprietary trading. Or (2) having an ownership interest in or sponsoring a hedge fund or a private equity fund. Subjects any specified nonbank financial company holding such proprietary trading and ownership interests to additional capital requirements and additional quantitative limits. Directs the Board of Governors of the Federal Reserve System (Board) and the Federal Deposit Insurance Corporation (FDIC) to adopt rules jointly to implement this Act. Authorizes the Board and the FDIC to exclude from such prohibitions specified transactions or activities, including: (1) the purchase or sale of obligations of the United States or any federal agency. (2) instruments issued by the Government National Mortgage Association , the Federal National Mortgage Association , and the Federal Home Loan Mortgage Corporation. And (3) obligations of any state or its political subdivision. Prohibits from the class of excluded activities any transactions that would: (1) result in a material conflict of interest between the banking entity or the nonbank financial company and its clients, customers, or counterparties. (2) result in exposure to high risk assets or high risk trading strategies. (3) threaten the safety and soundness of a banking entity or the nonbank financial company. Or (4) threaten the financial stability of the United States. Prohibits any banking entity that serves, directly or indirectly, as the investment manager or investment adviser to a hedge fund or private equity fund from entering into a covered transaction with, or provide custody, securities lending, or other prime brokerage services to, such person. Treats a banking entity that serves as investment manager or investment adviser to a hedge fund or private equity fund as if: (1) it were a member bank subject to the Federal Reserve Act. And (2) the hedge fund or private equity fund were an affiliate thereof. Amends the Securities Act of 1933 to prohibit an underwriter, placement agent, initial purchaser, or sponsor of an asset-backed security, while the security is outstanding and held by unaffiliated investors, from engaging in any transaction that would: (1) give rise to any material conflict of interest with respect to any investor. Or (2) undermine the value, risk, or performance of such security

A bill to prohibit proprietary trading and certain relationships with hedge funds and private equity funds, to address conflicts of interest with respect to certain securitizations, and for other purposes.