SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Sexual Assault Victims
Empowerment Act'' or the ``Military SAVE Act''.

SEC. 2. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR VETERANS WHO ARE
              SURVIVORS OF MILITARY SEXUAL TRAUMA.

    (a) Establishment.--The Secretary of Veterans Affairs shall carry
out a pilot program to furnish hospital care and medical services to
eligible veterans through non-Department health care providers to treat
injuries or illnesses which, in the judgment of a professional employed
by the Department, resulted from a physical assault of a sexual nature,
battery of a sexual nature, or sexual harassment which occurred while
the veteran was serving on active duty, active duty for training, or
inactive duty training.
    (b) Duration.--The Secretary shall carry out the pilot program
under subsection (a) for a 3-year period. If at the completion of the
pilot program an eligible veteran is receiving hospital care and
medical services from a non-Department health care provider under the
pilot program, the Secretary may approve, on a case-by-case basis, the
continuation of such hospital care and medical services from that non-
Department health care provider until the completion of the episode of
care.
    (c) Eligible Veterans.--A veteran is eligible to participate in the
pilot program under subsection (a) if the veteran--
            (1) is eligible to receive counseling and appropriate care
        and services under section 1720D of title 38, United States
        Code; and
            (2) resides in a site selected under subsection (d).
    (d) Sites.--
            (1) Selection.--The Secretary shall select not more than
        five sites in which to carry out the pilot program under
        subsection (a). Each site shall meet each of the following
        criteria:
                    (A) Except as provided by paragraph (2), the site
                consists of a city with a population between 200,000
                and 500,000, as determined by the Bureau of the Census
                as of the first day of the pilot program.
                    (B) The site is in a State in which the National
                Violence Against Women Prevention Research Center or
                the Centers for Disease Control and Prevention, or
                both, has determined the rate of sexual assault to be a
                substantial problem.
                    (C) The site is in a State that, as of the first
                day of the pilot program, has a weighted percentage of
                reported rape of not less than 20 percent but not more
                than 30 percent of sexual assault cases, in accordance
                with the finding of the Centers for Disease Control and
                Prevention contained in the ```Lifetime Prevalence of
                Sexual Violence by any Perpetrator'' (NISVS 2010).
            (2) Rural site.--Not fewer than one site selected under
        paragraph (1) shall be rural, as determined by the Secretary.
    (e) Participation.--
            (1) Election.--Subject to paragraph (2), an eligible
        veteran may elect to participate in the pilot program under
        subsection (a). Such election shall not affect the ability of
        the veteran to receive health care furnished by Department
        providers.
            (2) Number.--Not more than 75 veterans may participate in
        the pilot program under subsection (a) at each site selected
        under subsection (d).
            (3) Choice of non-department health care providers.--An
        eligible veteran who participates in the pilot program under
        subsection (a) may freely choose from which non-Department
        health care provider the veteran receives hospital care or
        medical services under the pilot program, except that the
        Secretary shall--
                    (A) ensure that each such non-Department health
                care provider maintains at least the same or similar
                credentials and licenses as those credentials and
                licenses that are required of health care providers of
                the Department, as determined by the Secretary for the
                purposes of this section; and
                    (B) make a reasonable effort to ensure that such
                non-Department health care provider is familiar with
                the conditions and concerns that affect members of the
                Armed Forces and veterans and is trained in evidence-
                based psychotherapy.
            (4) Provision of information.--The Secretary shall--
                    (A) notify eligible veterans of the ability to make
                an election under paragraph (1); and
                    (B) provide to such veterans educational referral
                materials, including through pamphlets and internet
                websites, on the non-Department providers in the sites
                selected under subsection (d).
    (f) Authorization and Monitoring of Care.--In accordance with
subsection (e), the Secretary shall ensure that the Department of
Veterans Affairs authorizes and monitors the hospital care and medical
services furnished under the pilot program for appropriateness and
necessity. In authorizing and monitoring such care, the Secretary
shall--
            (1) treat a non-Department health care provider that
        furnishes to such a veteran hospital care or medical services
        under the pilot program as an authorized recipient of records
        of such veteran for purposes of section 7332(b) of title 38,
        United States Code; and
            (2) ensure that such non-Department health care provider
        transmits to the Department such records as the Secretary
        determines appropriate.
    (g) Payments.--
            (1) Current providers.--If a non-Department health care
        provider has entered into a contract, agreement, or other
        arrangement with the Secretary pursuant to another provision of
        law to furnish hospital care or medical services to veterans,
        the Secretary shall pay the health care provider for hospital
        care or medical services furnished under this section using the
        same rates and payment schedules as provided for in such
        contract, agreement, or other arrangement.
            (2) New providers.--If a non-Department health care
        provider has not entered into a contract, agreement, or other
        arrangement with the Secretary pursuant to another provision of
        law to furnish hospital care or medical services to veterans,
        the Secretary shall pay the health care provider for hospital
        care or medical services furnished under this section using the
        same rates and payment schedule as if such care and services
        was furnished pursuant to section 1703 of title 38, United
        States Code.
            (3) New contracts and agreements.--The Secretary shall take
        reasonable efforts to enter into a contract, agreement, or
        other arrangement with a non-Department health care provider
        described in subsection (a) to ensure that future care and
        services authorized by the Secretary and furnished by the
        provider are subject to such a contract, agreement, or other
        arrangement.
    (h) Surveys.--The Secretary shall conduct a survey of a sample of
eligible veterans to assess the hospital care and medical services
furnished to such veterans either pursuant to this section or section
1720D of title 38, United States Code, as the case may be.
    (i) Report.--Not later than 60 days before the completion of the
pilot program under subsection (a), the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The report shall include the
following:
            (1) The results of the pilot program, including, to the
        extent possible, an assessment of the health outcomes of
        veterans who participated in the pilot program.
            (2) The recommendation of the Secretary with respect to
        extending or making permanent the pilot program.
    (j) Definitions.--In this section:
            (1) The term ``non-Department health care provider'' means
        an entity specified in section 101(a)(1)(B) of section 101 of
        the Veterans Access, Choice, and Accountability Act of 2015
        (Public Law 113-146; 38 U.S.C. 1701) or any other health care
        provider that has entered into a contract, agreement, or other
        arrangement with the Secretary pursuant to another provision of
        law to furnish hospital care or medical services to veterans.
            (2) The term ``sexual harassment'' has the meaning given
        that term in section 1720D of title 38, United States Code.
            (3) The term ``State'' has the meaning given that term in
        section 101(20) of title 38, United States Code.

SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out
the requirements of this Act. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.

            Passed the House of Representatives May 21, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Military Sexual Assault Victims Empowerment Act or the Military SAVE Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program of hospital care and medical services for eligible veterans at non-VA health care providers to treat injuries or illnesses resulting from sexual assault, battery, or harassment while the veteran was on active duty, active duty for training, or inactive duty training. Program participation shall not affect a veteran's ability to receive VA health care. An eligible veteran may elect to participate in the program and choose his or her provider as long as the provider meets VA requirements. The program shall be carried out at not more than five sites that meet criteria of city size and rates of sexual assault and rape. At least one site shall be a rural site and not more than 75 veterans may participate at any one site. The bill sets forth payment provisions for current and new non-VA providers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Update, Promote, and Develop
America's Transportation Essentials Act of 2013''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Since the passage of SAFETEA-LU, Congress has
        transferred over $50 billion from the General Fund to the
        Highway Trust Fund, in order to maintain solvency.
            (2) The Congressional Budget Office estimates after the end
        of Fiscal year 2014, annual General Fund transfers of
        approximately $15 billion will be necessary in order to
        maintain current Highway Trust Fund spending levels.
            (3) The Congressional Budget Office also estimates that in
        order to provide funding for surface transportation projects
        where the Federal benefit outweighs the cost, an additional $83
        billion a year would need to be allocated to the Highway and
        Transit Trust Funds.
            (4) The American Society for Civil Engineers estimates that
        in order to meet our economic and transportation needs, the
        United States should invest at least an additional $500 billion
        in our surface transportation system by 2020.
            (5) The National Commission on Fiscal Reform and
        Responsibility report, often referred to as the ``Simpson-
        Bowles'' plan, includes a recommendation to raise the gas tax
        by fifteen cents.
            (6) The National Surface Transportation Infrastructure
        Financing Commission recommended, in their 2009 report, that
        Congress take action to prevent the Highway Trust Fund from
        becoming insolvent, and to avoid any reductions in
        infrastructure spending. The Commission also noted that a
        Federal funding system based on a vehicle miles traveled
        system, is the consensus choice for the future.
    (b) Sense of Congress Regarding Replacement of Gas Tax.--It is the
sense of Congress that by 2024 the gas tax should be repealed and
replaced with a more sustainable, stable funding source.

SEC. 3. TAX ON MOTOR FUELS.

    (a) Gasoline Other Than Aviation Gasoline.--Section
4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended to
read as follows:
                            ``(i) in the case of gasoline other than
                        aviation gasoline--
                                    ``(I) for tax imposed before 2014,
                                18.3 cents per gallon,
                                    ``(II) for tax imposed during 2014,
                                26.3 cents per gallon,
                                    ``(III) for tax imposed during
                                2015, 30.3 cents per gallon, and
                                    ``(IV) for tax imposed after 2015
                                and before 2025, 33.3 cents per
                                gallon,''.
    (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of the
Internal Revenue Code of 1986 is amended to read as follows:
                            ``(iii) in the case of diesel fuel or
                        kerosene--
                                    ``(I) for tax imposed before 2014,
                                24.3 cents per gallon,
                                    ``(II) for tax imposed during 2014,
                                32.3 cents per gallon,
                                    ``(III) for tax imposed during
                                2015, 36.3 cents per gallon, and
                                    ``(IV) for tax imposed after 2015
                                and before 2025, 39.3 cents per
                                gallon,''.
    (c) Increase for Inflation.--Paragraph (2) of section 4081(a) of
such Code is amended by adding at the end the following:
                    ``(E) Adjustment for inflation.--In the case of any
                calendar year beginning after 2016, the rates of tax
                contained in clauses (i)(IV) and (iii)(IV) of
                subparagraph (A) shall each be increased by an amount
                equal to--
                            ``(i) such rate, multiplied by
                            ``(ii) the cost of living adjustment
                        determined under section 1(f)(3) for the
                        calendar year, determined by substituting
                        `calendar year 2015' for `calendar year 1992'
                        in subparagraph (B) thereof.
                Any increase under the preceding sentence shall be
                rounded to the nearest 0.1 cents.''.
    (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of the
Internal Revenue Code of 1986 is amended by striking ``19.7 cents'' for
``24.3 cents'' and inserting ``a rate equal to 71 percent of the rate
in effect under subparagraph (A) (without regard to this
subparagraph)''.
    (e) Termination.--Section 4081(d)(1) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2016'' and inserting
``December 31, 2024''.
    (f) Effective Date.--The amendments made by this section shall
apply to fuels or liquids removed, entered, or sold after December 31,
2013.

SEC. 4. FLOOR STOCKS TAX.

    (a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such liquid under section 4041 or 4081 of the Internal
Revenue Code of 1986 had the taxable event occurred on the floor stocks
tax date over the tax paid under any such section on such liquid.
    (b) Liability for Tax and Method of Payment.--
            (1) Liability for tax.--A person holding a liquid on the
        floor stocks tax date to which the tax imposed by subsection
        (a) applies shall be liable for such tax.
            (2) Method of payment.--The tax imposed by subsection (a)
        shall be paid in such manner as the Secretary shall prescribe.
            (3) Time of payment.--The tax imposed by subsection (a)
        shall be paid on or before the date which is 6 months after the
        floor stocks tax date.
    (c) Definitions.--For purposes of this section--
            (1) Held by a person.--A liquid shall be considered as held
        by a person if title thereto has passed to such person (whether
        or not delivery to the person has been made).
            (2) Taxable liquid.--The term ``taxable liquid'' means
        diesel fuel and kerosene (other than aviation-grade kerosene).
            (3) Floor stocks date.--The term ``floor stocks tax date''
        means any January 1 of any calendar year beginning after the
        date of the enactment of this Act on which a rate of tax under
        section 4041 or 4081 of such Code increases pursuant to an
        amendment made by section 2.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.
    (d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by a
section of such Code is allowable for such use.
    (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
    (f) Exception for Certain Amounts of Fuel.--
            (1) In general.--No tax shall be imposed by subsection (A)
        on any liquid held on the floor stocks tax date by any person
        if the aggregate amount of liquid held by such person on such
        date does not exceed 2,000 gallons. The preceding sentence
        shall apply only if such person submits to the Secretary (at
        the time and in the manner required by the Secretary) such
        information as the Secretary shall require for purposes of this
        paragraph.
            (2) Exempt fuel.--For purposes of paragraph (1), there
        shall not be taken into account fuel held by any person which
        is exempt from the tax imposed by subsection (a) by reason of
        subsection (d) or (e).
            (3) Controlled groups.--For purposes of this section--
                    (A) Corporations.--
                            (i) In general.--All persons treated as a
                        controlled group shall be treated as 1 person.
                            (ii) Controlled group.--The term
                        ``controlled group'' has the meaning given to
                        such term by subsection (a) of section 1563 of
                        such Code; except that for such purposes the
                        phrase ``more than 50 percent'' shall be
                        substituted for the phrase ``at least 80
                        percent'' each place it appears in such
                        subsection.
                    (B) Nonincorporated persons under common control.--
                Under regulations prescribed by the Secretary,
                principles similar to the principles of clause (i)
                shall apply to a group of persons under common control
                where one or more of such persons is not a corporation.
    (g) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by chapter 31
or 32 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this section, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such chapter.

Summary: Update, Promote, and Develop America's Transportation Essentials Act of 2013 - Expresses the sense of Congress that by 2024,nbsp. The gas tax should be repealed and replaced with a more sustainable, stable funding source. Amends the Internal Revenue Code, with respect to the excise tax on motor fuels, to increase the rate of tax on: (1) gasoline other than aviation gasoline to 33.3 cents per gallon after 2015 and before 2025, (2) diesel fuel or kerosene to 39.3 cents per gallon after 2015 and before 2025, and (3) diesel-water fuel emulsion. Delays the termination of such increased rates from the end of FY2016 to December 31, 2024. Imposes a floor stocks tax onnbsp, rate increases for gasoline, diesel fuel, andnbsp. Kerosene , subject to specified exemptions for exempt uses and low-volume producers.


SECTION 1. SHORT TITLE.

    This Act may be cited as ``Joseph Moakley Memorial Fire Safe
Cigarette Act of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Cigarette ignited fires are the leading cause of fire
        deaths in the United States.
            (2) In 1998 there were 903 deaths from cigarette ignited
        fires, 2,453 civilian injuries from such fires, and
        $411,700,000 in property damage caused by such fires.
            (3) Nearly 100 children are killed each year from cigarette
        related fires.
            (4) The results accomplished under the Cigarette Safety Act
        of 1984 and the Fire Safe Cigarette Act of 1990 complete the
        necessary technical work for a cigarette fire safety standard.
            (5) It is appropriate for Congress to require by law the
        establishment of a cigarette fire safety standard for the
        manufacture and importation of cigarettes.
            (6) A recent study by the Consumer Product Safety
        Commission found that the cost of the loss of human life and
        personal property from not having a cigarette fire safety
        standard is $4,600,000,000 a year.
            (7) It is appropriate that the regulatory expertise of the
        Consumer Product Safety Commission be used to implement a
        cigarette fire safety standard.

SEC. 3. CIGARETTE FIRE SAFETY STANDARD.

    (a) In General.--
            (1) Requirement for standard.--Not later than 18 months
        after the date of the enactment of this Act, the Commission
        shall, by rule, prescribe one or more fire safety standards for
        cigarettes to reduce the risk of ignition presented by
        cigarettes.
            (2) General test requirements.--
                    (A) Testing methodology.--Except as provided in
                paragraph (3), in establishing standards under
                paragraph (1), the Commission shall use the testing
                methodology for determining the ignition propensity of
                cigarettes referred to in ``Relative Ignition
                Propensity of Test Market Cigarettes--National
                Institute of Standards and Technology--NIST Technical
                Note 1436, January, 2001--Appendix D: Cigarette
                Extinction Method'', together with any requirements
                specified in this paragraph.
                    (B) Additional requirement.--Testing shall be
                conducted on 10 layers of filter paper, as described in
                the testing methodology referred to in subparagraph
                (A).
                    (C) Complete test trial.--Forty replicate tests
                shall be required to comprise a complete test trial for
                each cigarette tested. Test results and the application
                of an acceptance criterion shall be derived only for
                complete test trials comprised of 40 replicate tests.
                    (D) Test failure.--A test failure shall consist of
                more than 25 percent of the cigarettes tested in a test
                trial failing to self-extinguish before burning the
                full length of the tobacco column.
            (3) Cigarettes with unique characteristics.--In
        establishing standards under paragraph (1) with respect to a
        cigarette that cannot be tested using the testing methodology
        referred to in paragraph (2) because of unique or
        nontraditional characteristics, the Commission shall accept a
        testing methodology and acceptance criterion that are proposed
        by the manufacturer or manufacturers of the cigarette if the
        Commission, after review of the application of the proposed
        testing methodology and acceptance criterion, determines that
        the cigarette has an ignition propensity equivalent to or less
        than cigarettes that pass the acceptance criterion referred to
        in paragraph (2).
            (4) Cigarette paper.--In addition to establishing standards
        under paragraph (1), the Commission may also regulate the
        ignition propensity of cigarette paper for roll-your-own
        tobacco products.
            (5) Exercise of authority.--If the Commission does not
        prescribe the standard required by paragraph (1) within the
        time specified in that paragraph, paragraph (1) shall continue
        to apply, and the provisions of paragraph (2) shall be in
        effect as a consumer product safety standard under the Consumer
        Product Safety Act (15 U.S.C. 2051 et seq.) until the
        Commission prescribes the standard under paragraph (1).
    (b) Stockpiling.--
            (1) In general.--The Commission shall include in the rule
        prescribed under subsection (a) a prohibition on the
        stockpiling of cigarettes to which the fire safety standards in
        the rule will apply.
            (2) Stockpiling defined.--In this subsection, the term
        ``stockpiling'', in the case of a cigarette to which a standard
        under subsection (a) will apply, means the manufacturing or
        importing of the cigarette, between the date the standard is
        issued and the date the standard takes effect, at a rate
        greater than the rate the cigarette was manufactured or
        imported during the one-year period ending on the date the
        standard is issued.
    (c) Procedure.--
            (1) In general.--The rule under subsection (a), and any
        modification thereof, shall be prescribed in accordance with
        the provisions of section 553 of title 5, United States Code.
            (2) Modifications.--
                    (A) Modification by sponsor.--If the sponsor of the
                testing methodology under subsection (a)(2) modifies
                the testing methodology in any material respect, the
                sponsor shall notify the Commission of the
                modification, and the Commission may incorporate the
                modification in the rule prescribed under subsection
                (a) if the Commission determines that the modification
                will enhance a fire safety standard established under
                subsection (a)(2).
                    (B) Modification by commission.--The Commission may
                modify the rule prescribed under subsection (a),
                including the test requirements specified in subsection
                (a)(2), in whole or in part, if the Commission
                determines that compliance with such modification is
                technically feasible and will enhance a fire safety
                standard established under that subsection. Any such
                modification shall not take effect earlier than 3 years
                after the date on which the rule is first issued.
            (3) Inapplicability of certain laws.--No Federal law, or
        any Executive order, other than the rulemaking and review
        provisions of title 5, United States Code, that are commonly
        referred to as the Administrative Procedures Act, may be
        construed to apply to the promulgation of the rule required by
        subsection (a), or the modification of the rule under paragraph
        (2), including the following:
                    (A) The Consumer Product Safety Act (15 U.S.C. 2051
                et seq.).
                    (B) Chapter 6 of title 5, United States Code.
                    (C) The National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.).
                    (D) The Small Business Regulatory Enforcement
                Fairness Act of 1996 (Public Law 104-121), and the
                amendments made by that Act.
    (d) Effective Date.--The Commission shall specify in the rule
prescribed under subsection (a) the effective date of the rule. The
effective date may not be later than 30 months after the date of the
enactment of this Act.
    (e) Treatment of Standard.--
            (1) In general.--The fire safety standard promulgated under
        subsection (a) shall be treated as a consumer product safety
        standard promulgated under the Consumer Product Safety Act (15
        U.S.C. 2051 et seq.).
            (2) Treatment of cigarettes.--A cigarette shall be treated
        as a consumer product under section 3(a)(1)(B) of the Consumer
        Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of
        implementing and enforcing compliance with this Act and the
        standard promulgated under this Act, including for purposes of
        sections 17 and 18 of the Consumer Product Safety Act (15
        U.S.C. 2066, 2067).

SEC. 4. PREEMPTION.

    (a) In General.--This Act, and any cigarette fire safety standard
established under section 3, may not be construed to preempt or
otherwise affect in any way any law or regulation of a State or
political subdivision thereof which prescribes a fire safety standard
for cigarettes which is more stringent than a fire safety standard
established under section 3.
    (b) Private Remedies.--The provisions of section 25 of the Consumer
Product Safety Act (15 U.S.C. 2074) shall apply with respect to the
fire safety standard promulgated under subsection (a).

SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.

    Except as otherwise provided in this Act, the Commission shall have
no jurisdiction over tobacco or tobacco products.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (2) Cigarette.--The term ``cigarette'' has the meaning
        given that term in section 3(1) of the Federal Cigarette
        Labeling and Advertising Act (15 U.S.C. 1332(1)).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Consumer Product Safety Commission for fiscal
year 2002, $2,000,000 for purposes of carrying out this Act.
    (b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended.

Summary: Joseph Moakley Memorial Fire Safe Cigarette Act of 2002 - Directs the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes . Sets forth general test requirements. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.

To provide for fire safety standards for cigarettes, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Children from Sexual
Exploitation Act of 2005''.

SEC. 2. RECORD KEEPING OF DIGITAL IMAGES.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after ``videotape,''
        the following: ``digital image, digitally- or computer-
        manipulated image of an actual human being, picture,''; and
            (2) in subsection (f)(4), by inserting after ``video'' the
        following: ``digital image, digitally- or computer-manipulated
        image of an actual human being, picture,''.

SEC. 3. OTHER RECORD KEEPING REQUIREMENTS.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (f), by--
                    (A) in paragraph (3), by striking ``and'' after the
                semicolon;
                    (B) in paragraph (4), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) for any person to whom subsection (a) applies to
        refuse to permit the Attorney General or his or her designee to
        conduct an inspection under subsection (c).''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) In this section--
            ``(1) the term `actual sexually explicit conduct' means
        actual but not simulated conduct as defined in clauses (i)
        through (v) of section 2256(2)(A) of this title;
            ``(2) the term `produces'--
                    ``(A) means--
                            ``(i) actually filming, videotaping,
                        photographing, creating a picture, digital
                        image, or digitally- or computer-manipulated
                        image of an actual human being;
                            ``(ii) digitizing an image, of a visual
                        depiction of sexually explicit conduct; or,
                        assembling, manufacturing, publishing,
                        duplicating, reproducing, or reissuing a book,
                        magazine, periodical, film, videotape, digital
                        image, or picture, or other matter intended for
                        commercial distribution, that contains a visual
                        depiction of sexually explicit conduct; or
                            ``(iii) inserting on a computer site or
                        service a digital image of, or otherwise
                        managing the sexually explicit content, of a
                        computer site or service that contains a visual
                        depiction of, sexually explicit conduct; and
                    ``(B) does not include activities that are limited
                to--
                            ``(i) photo or film processing, including
                        digitization of previously existing visual
                        depictions, as part of a commercial enterprise,
                        with no other commercial interest in the
                        sexually explicit material, printing, and video
                        duplication;
                            ``(ii) distribution;
                            ``(iii) any activity, other than those
                        activities identified in subparagraph (A), that
                        does not involve the hiring, contracting for,
                        managing, or otherwise arranging for the
                        participation of the depicted performers;
                            ``(iv) the provision of web-hosting
                        services when the provider does not, and
                        reasonably cannot, manage the sexually explicit
                        content of the computer site or service; or
                            ``(v) the provision of an electronic
                        communication service or remote computing
                        service when the provider does not, and
                        reasonably cannot, manage the sexually explicit
                        content of the computer site or service; and
            ``(3) the term `performer' includes any person portrayed in
        a visual depiction engaging in, or assisting another person to
        engage in, actual sexually explicit conduct.''.

SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.

    (a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2257 the following:
``Sec. 2257A. Record keeping requirements for simulated sexual conduct
    ``(a) Whoever produces any book, magazine, periodical, film,
videotape, or other matter that--
            ``(1) contains one or more visual depictions of simulated
        sexually explicit conduct; and
            ``(2) is produced in whole or in part with materials which
        have been mailed or shipped in interstate or foreign commerce,
        or is shipped or transported or is intended for shipment or
        transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
    ``(b) Any person to whom subsection (a) applies shall, with respect
to every performer portrayed in a visual depiction of simulated
sexually explicit conduct--
            ``(1) ascertain, by examination of an identification
        document containing such information, the performer's name and
        date of birth, and require the performer to provide such other
        indicia of his or her identity as may be prescribed by
        regulations;
            ``(2) ascertain any name, other than the performer's
        present and correct name, ever used by the performer including
        maiden name, alias, nickname, stage, or professional name; and
            ``(3) record in the records required by subsection (a) the
        information required by paragraphs (1) and (2) and such other
        identifying information as may be prescribed by regulation.
    ``(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at their business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for
inspection at all reasonable times.
    ``(d)(1) No information or evidence obtained from records required
to be created or maintained by this section shall, except as provided
in this section, directly or indirectly, be used as evidence against
any person with respect to any violation of law.
    ``(2) Paragraph (1) shall not preclude the use of such information
or evidence in a prosecution or other action for a violation of this
chapter or chapter 71, or for a violation of any applicable provision
of law with respect to the furnishing of false information.
    ``(e)(1) Any person to whom subsection (a) applies shall cause to
be affixed to every copy of any matter described in subsection (a)(1)
in such manner and in such form as the Attorney General shall by
regulations prescribe, a statement describing where the records
required by this section with respect to all performers depicted in
that copy of the matter may be located.
    ``(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by
such organization responsible for maintaining the records required by
this section.
    ``(f) It shall be unlawful--
            ``(1) for any person to whom subsection (a) applies to fail
        to create or maintain the records as required by subsections
        (a) and (c) or by any regulation promulgated under this
        section;
            ``(2) for any person to whom subsection (a) applies
        knowingly to make any false entry in or knowingly to fail to
        make an appropriate entry in, any record required by subsection
        (b) or any regulation promulgated under this section;
            ``(3) for any person to whom subsection (a) applies
        knowingly to fail to comply with the provisions of subsection
        (e) or any regulation promulgated pursuant to that subsection;
        or
            ``(4) for any person knowingly to sell or otherwise
        transfer, or offer for sale or transfer, any book, magazine,
        periodical, film, video, or other matter, produced in whole or
        in part with materials which have been mailed or shipped in
        interstate or foreign commerce or which is intended for
        shipment in interstate or foreign commerce, that--
                    ``(A) contains one or more visual depictions made
                after the date of enactment of this subsection of
                simulated sexually explicit conduct; and
                    ``(B) is produced in whole or in part with
                materials which have been mailed or shipped in
                interstate or foreign commerce, or is shipped or
                transported or is intended for shipment or
                transportation in interstate or foreign commerce;
        which does not have affixed thereto, in a manner prescribed as
        set forth in subsection (e)(1), a statement describing where
        the records required by this section may be located, but such
        person shall have no duty to determine the accuracy of the
        contents of the statement or the records required to be kept;
        and
            ``(5) for any person to whom subsection (a) applies to
        refuse to permit the Attorney General or his or her designee to
        conduct an inspection under subsection (c).
    ``(g) As used in this section, the terms `simulated sexually
explicit conduct', `produces', and `performer' have the same meaning as
in section 2257(h) of this title.
    ``(h)(1) Whoever violates this section shall be imprisoned for not
more than 1 year, and fined in accordance with the provisions of this
title, or both.
    ``(2) Whoever violates this section in an effort to conceal a
substantive offense involving the causing, transporting, permitting or
offering or seeking by notice or advertisement, a minor to engage in
sexually explicit conduct for the purpose of producing a visual
depiction of such conduct in violation of this title, or to conceal a
substantive offense that involved trafficking in material involving the
sexual exploitation of a minor, including receiving, transporting,
advertising, or possessing material involving the sexual exploitation
of a minor with intent to traffic, in violation of this title, shall be
imprisoned for not more than 5 years and fined in accordance with the
provisions of this title, or both.
    ``(3) Whoever violates paragraph (2) after having been previously
convicted of a violation punishable under that paragraph shall be
imprisoned for any period of years not more than 10 years but not less
than 2 years, and fined in accordance with the provisions of this
title, or both.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 110 of
title 18, United States Code, is amended by inserting after the item
for section 2257 the following:

        ``2257A. Record keeping requirements for simulated sexual
                            conduct.''.

Summary: Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.

A bill to enhance protection of children from sexual exploitation by strengthening section 2257 of title 18, United States Code, requiring producers of sexually explicit material to keep and permit inspection of records regarding the age of performers, and for other purposes.


SECTION 1. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN
              OR LOSS.

    (a) In General.--Part II of subchapter O of chapter 1 (relating to
basis rules of general application) is amended by redesignating section
1023 as section 1024 and by inserting after section 1022 the following
new section:

``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
              GAIN OR LOSS.

    ``(a) General Rule.--
            ``(1) Indexed basis substituted for adjusted basis.--Solely
        for purposes of determining gain or loss on the sale or other
        disposition by a taxpayer (other than a corporation) of an
        indexed asset which has been held for more than 3 years, the
        indexed basis of the asset shall be substituted for its
        adjusted basis.
            ``(2) Exception for depreciation, etc.--The deductions for
        depreciation, depletion, and amortization shall be determined
        without regard to the application of paragraph (1) to the
        taxpayer or any other person.
    ``(b) Indexed Asset.--
            ``(1) In general.--For purposes of this section, the term
        `indexed asset' means--
                    ``(A) common stock in a C corporation (other than a
                foreign corporation), and
                    ``(B) tangible property,
        which is a capital asset or property used in the trade or
        business (as defined in section 1231(b)).
            ``(2) Stock in certain foreign corporations included.--For
        purposes of this section--
                    ``(A) In general.--The term `indexed asset'
                includes common stock in a foreign corporation which is
                regularly traded on an established securities market.
                    ``(B) Exception.--Subparagraph (A) shall not apply
                to--
                            ``(i) stock of a foreign investment
                        company,
                            ``(ii) stock in a passive foreign
                        investment company (as defined in section
                        1296),
                            ``(iii) stock in a foreign corporation held
                        by a United States person who meets the
                        requirements of section 1248(a)(2), and
                            ``(iv) stock in a foreign personal holding
                        company.
                    ``(C) Treatment of american depository receipts.--
                An American depository receipt for common stock in a
                foreign corporation shall be treated as common stock in
                such corporation.
    ``(c) Indexed Basis.--For purposes of this section--
            ``(1) General rule.--The indexed basis for any asset is--
                    ``(A) the adjusted basis of the asset, increased by
                    ``(B) the applicable inflation adjustment.
            ``(2) Applicable inflation adjustment.--The applicable
        inflation adjustment for any asset is an amount equal to--
                    ``(A) the adjusted basis of the asset, multiplied
                by
                    ``(B) the percentage (if any) by which--
                            ``(i) the gross domestic product deflator
                        for the last calendar quarter ending before the
                        asset is disposed of, exceeds
                            ``(ii) the gross domestic product deflator
                        for the last calendar quarter ending before the
                        asset was acquired by the taxpayer.
        The percentage under subparagraph (B) shall be rounded to the
        nearest \1/10\ of 1 percentage point.
            ``(3) Gross domestic product deflator.--The gross domestic
        product deflator for any calendar quarter is the implicit price
        deflator for the gross domestic product for such quarter (as
        shown in the last revision thereof released by the Secretary of
        Commerce before the close of the following calendar quarter).
    ``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
            ``(1) In general.--If the taxpayer (or a related person)
        enters into any transaction which substantially reduces the
        risk of loss from holding any asset, such asset shall not be
        treated as an indexed asset for the period of such reduced
        risk.
            ``(2) Short sales.--
                    ``(A) In general.--In the case of a short sale of
                an indexed asset with a short sale period in excess of
                3 years, for purposes of this title, the amount
                realized shall be an amount equal to the amount
                realized (determined without regard to this paragraph)
                increased by the applicable inflation adjustment. In
                applying subsection (c)(2) for purposes of the
                preceding sentence, the date on which the property is
                sold short shall be treated as the date of acquisition
                and the closing date for the sale shall be treated as
                the date of disposition.
                    ``(B) Short sale period.--For purposes of
                subparagraph (A), the short sale period begins on the
                day that the property is sold and ends on the closing
                date for the sale.
    ``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
            ``(1) Adjustments at entity level.--
                    ``(A) In general.--Except as otherwise provided in
                this paragraph, the adjustment under subsection (a)
                shall be allowed to any qualified investment entity
                (including for purposes of determining the earnings and
                profits of such entity).
                    ``(B) Exception for corporate shareholders.--Under
                regulations--
                            ``(i) in the case of a distribution by a
                        qualified investment entity (directly or
                        indirectly) to a corporation--
                                    ``(I) the determination of whether
                                such distribution is a dividend shall
                                be made without regard to this section,
                                and
                                    ``(II) the amount treated as gain
                                by reason of the receipt of any capital
                                gain dividend shall be increased by the
                                percentage by which the entity's net
                                capital gain for the taxable year
                                (determined without regard to this
                                section) exceeds the entity's net
                                capital gain for such year determined
                                with regard to this section, and
                            ``(ii) there shall be other appropriate
                        adjustments (including deemed distributions) so
                        as to ensure that the benefits of this section
                        are not allowed (directly or indirectly) to
                        corporate shareholders of qualified investment
                        entities.
                For purposes of the preceding sentence, any amount
                includible in gross income under section 852(b)(3)(D)
                shall be treated as a capital gain dividend and an S
                corporation shall not be treated as a corporation.
                    ``(C) Exception for qualification purposes.--This
                section shall not apply for purposes of sections 851(b)
                and 856(c).
                    ``(D) Exception for certain taxes imposed at entity
                level.--
                            ``(i) Tax on failure to distribute entire
                        gain.--If any amount is subject to tax under
                        section 852(b)(3)(A) for any taxable year, the
                        amount on which tax is imposed under such
                        section shall be increased by the percentage
                        determined under subparagraph (B)(i)(II). A
                        similar rule shall apply in the case of any
                        amount subject to tax under paragraph (2) or
                        (3) of section 857(b) to the extent
                        attributable to the excess of the net capital
                        gain over the deduction for dividends paid
                        determined with reference to capital gain
                        dividends only. The first sentence of this
                        clause shall not apply to so much of the amount
                        subject to tax under section 852(b)(3)(A) as is
                        designated by the company under section
                        852(b)(3)(D).
                            ``(ii) Other taxes.--This section shall not
                        apply for purposes of determining the amount of
                        any tax imposed by paragraph (4), (5), or (6)
                        of section 857(b).
            ``(2) Adjustments to interests held in entity.--
                    ``(A) Regulated investment companies.--Stock in a
                regulated investment company (within the meaning of
                section 851) shall be an indexed asset for any calendar
                quarter in the same ratio as--
                            ``(i) the average of the fair market values
                        of the indexed assets held by such company at
                        the close of each month during such quarter,
                        bears to
                            ``(ii) the average of the fair market
                        values of all assets held by such company at
                        the close of each such month.
                    ``(B) Real estate investment trusts.--Stock in a
                real estate investment trust (within the meaning of
                section 856) shall be an indexed asset for any calendar
                quarter in the same ratio as--
                            ``(i) the fair market value of the indexed
                        assets held by such trust at the close of such
                        quarter, bears to
                            ``(ii) the fair market value of all assets
                        held by such trust at the close of such
                        quarter.
                    ``(C) Ratio of 80 percent or more.--If the ratio
                for any calendar quarter determined under subparagraph
                (A) or (B) would (but for this subparagraph) be 80
                percent or more, such ratio for such quarter shall be
                100 percent.
                    ``(D) Ratio of 20 percent or less.--If the ratio
                for any calendar quarter determined under subparagraph
                (A) or (B) would (but for this subparagraph) be 20
                percent or less, such ratio for such quarter shall be
                zero.
                    ``(E) Look-thru of partnerships.--For purposes of
                this paragraph, a qualified investment entity which
                holds a partnership interest shall be treated (in lieu
                of holding a partnership interest) as holding its
                proportionate share of the assets held by the
                partnership.
            ``(3) Treatment of return of capital distributions.--Except
        as otherwise provided by the Secretary, a distribution with
        respect to stock in a qualified investment entity which is not
        a dividend and which results in a reduction in the adjusted
        basis of such stock shall be treated as allocable to stock
        acquired by the taxpayer in the order in which such stock was
        acquired.
            ``(4) Qualified investment entity.--For purposes of this
        subsection, the term `qualified investment entity' means--
                    ``(A) a regulated investment company (within the
                meaning of section 851), and
                    ``(B) a real estate investment trust (within the
                meaning of section 856).
    ``(f) Other Pass-Thru Entities.--
            ``(1) Partnerships.--
                    ``(A) In general.--In the case of a partnership,
                the adjustment made under subsection (a) at the
                partnership level shall be passed through to the
                partners.
                    ``(B) Special rule in the case of section 754
                elections.--In the case of a transfer of an interest in
                a partnership with respect to which the election
                provided in section 754 is in effect--
                            ``(i) the adjustment under section
                        743(b)(1) shall, with respect to the transferor
                        partner, be treated as a sale of the
                        partnership assets for purposes of applying
                        this section, and
                            ``(ii) with respect to the transferee
                        partner, the partnership's holding period for
                        purposes of this section in such assets shall
                        be treated as beginning on the date of such
                        adjustment.
            ``(2) S corporations.--In the case of an S corporation, the
        adjustment made under subsection (a) at the corporate level
        shall be passed through to the shareholders. This section shall
        not apply for purposes of determining the amount of any tax
        imposed by section 1374 or 1375.
            ``(3) Common trust funds.--In the case of a common trust
        fund, the adjustment made under subsection (a) at the trust
        level shall be passed through to the participants.
            ``(4) Indexing adjustment disregarded in determining loss
        on sale of interest in entity.--Notwithstanding the preceding
        provisions of this subsection, for purposes of determining the
        amount of any loss on a sale or exchange of an interest in a
        partnership, S corporation, or common trust fund, the
        adjustment made under subsection (a) shall not be taken into
        account in determining the adjusted basis of such interest.
    ``(g) Dispositions Between Related Persons.--
            ``(1) In general.--This section shall not apply to any sale
        or other disposition of property between related persons except
        to the extent that the basis of such property in the hands of
        the transferee is a substituted basis.
            ``(2) Related persons defined.--For purposes of this
        section, the term `related persons' means--
                    ``(A) persons bearing a relationship set forth in
                section 267(b), and
                    ``(B) persons treated as single employer under
                subsection (b) or (c) of section 414.
    ``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
    ``(i) Special Rules.--For purposes of this section--
            ``(1) Treatment of improvements, etc.--If there is an
        addition to the adjusted basis of any tangible property or of
        any stock in a corporation during the taxable year by reason of
        an improvement to such property or a contribution to capital of
        such corporation--
                    ``(A) such addition shall never be taken into
                account under subsection (c)(1)(A) if the aggregate
                amount thereof during the taxable year with respect to
                such property or stock is less than $1,000, and
                    ``(B) such addition shall be treated as a separate
                asset acquired at the close of such taxable year if the
                aggregate amount thereof during the taxable year with
                respect to such property or stock is $1,000 or more.
        A rule similar to the rule of the preceding sentence shall
        apply to any other portion of an asset to the extent that
        separate treatment of such portion is appropriate to carry out
        the purposes of this section.
            ``(2) Assets which are not indexed assets throughout
        holding period.--The applicable inflation adjustment shall be
        appropriately reduced for periods during which the asset was
        not an indexed asset.
            ``(3) Treatment of certain distributions.--A distribution
        with respect to stock in a corporation which is not a dividend
        shall be treated as a disposition.
            ``(4) Section cannot increase ordinary loss.--To the extent
        that (but for this paragraph) this section would create or
        increase a net ordinary loss to which section 1231(a)(2)
        applies or an ordinary loss to which any other provision of
        this title applies, such provision shall not apply. The
        taxpayer shall be treated as having a long-term capital loss in
        an amount equal to the amount of the ordinary loss to which the
        preceding sentence applies.
            ``(5) Acquisition date where there has been prior
        application of subsection (a)(1) with respect to the
        taxpayer.--If there has been a prior application of subsection
        (a)(1) to an asset while such asset was held by the taxpayer,
        the date of acquisition of such asset by the taxpayer shall be
        treated as not earlier than the date of the most recent such
        prior application.
            ``(6) Collapsible corporations.--The application of section
        341(a) (relating to collapsible corporations) shall be
        determined without regard to this section.
    ``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
    (b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 is amended by striking the item relating to
section 1023 and by inserting after the item relating to section 1022
the following new item:

``Sec. 1022. Indexing of certain assets for purposes of determining
                            gain or loss.
``Sec. 1023. Cross references.''.
    (c) Effective Date.--The amendments made by this section shall
apply to dispositions after December 31, 2006, in taxable years ending
after such date.

Summary: Amends the Internal Revenue Code to allow an inflation adjustment based upon the gross domestic product deflator to the adjusted basis of certain assets held by a taxpayer for more than three years for purposes of determining gain or loss on the sale or other disposition of such assets. Sets forth rules for applying such inflation adjustment to short sales, regulated investment companies and real estate investment trusts, partnerships and other pass-thru entities, and dispositions of assets between related persons.

To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Health Care Budget Reform
and Transparency Act of 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Title 38, United States Code, authorizes the Secretary
        of Veterans Affairs to furnish hospital and domiciliary care,
        medical services, nursing home care, and related services to
        eligible and enrolled veterans, but only to the extent that
        appropriated resources and facilities are available for such
        purposes.
            (2) For 19 of the past 22 fiscal years, funds have not been
        appropriated for the Department of Veterans Affairs for the
        provision of health care as of the commencement of the new
        fiscal year, causing the Department great challenges in
        planning and managing care for enrolled veterans, to the
        detriment of veterans.
            (3) The cumulative effect of insufficient, late, and
        unpredictable funding for the Department for health care
        endangers the viability of the health care system of the
        Department and impairs the specialized health care resources
        the Department requires to maintain and improve the health of
        sick and disabled veterans.
            (4) Appropriations for the health care programs of the
        Department have too often proven insufficient over the past
        decade, requiring the Secretary to ration health care and
        Congress to approve supplemental appropriations for those
        programs.
            (5) Providing sufficient, timely, and predictable funding
        would ensure the Government meets its obligation to provide
        health care to sick and disabled veterans and ensure that all
        veterans enrolled for health care through the Department have
        ready access to timely and high quality care.
            (6) Providing sufficient, timely, and predictable funding
        would allow the Department to properly plan for and meet the
        needs of veterans.

SEC. 3. TWO-FISCAL YEAR BUDGET AUTHORITY FOR CERTAIN MEDICAL CARE
              ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Two-fiscal Year Budget Authority.--
            (1) In general.--Chapter 1 of title 38, United States Code,
        is amended by inserting after section 113 the following new
        section:
``Sec. 113A. Two-fiscal year budget authority for certain medical care
              accounts
    ``(a) In General.--Beginning with fiscal year 2011, new
discretionary budget authority provided in an appropriations Act for
the appropriations accounts of the Department specified in subsection
(b) shall be made available for the fiscal year involved, and shall
include new discretionary budget authority for such appropriations
accounts that first become available for the first fiscal year after
such fiscal year.
    ``(b) Medical Care Accounts.--The medical care accounts of the
Department specified in this subsection are the medical care accounts
of the Veterans Health Administration as follows:
            ``(1) Medical Services.
            ``(2) Medical Support and Compliance.
            ``(3) Medical Facilities.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 1 of such title is amended by inserting
        after the item relating to section 113 the following new item:

``113A. Two-fiscal year budget authority for certain medical care
                            accounts.''.

SEC. 4. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ADEQUACY AND
              ACCURACY OF BASELINE MODEL PROJECTIONS OF THE DEPARTMENT
              OF VETERANS AFFAIRS FOR HEALTH CARE EXPENDITURES.

    (a) Study of Adequacy and Accuracy of Baseline Model Projections.--
The Comptroller General of the United States shall conduct a study of
the adequacy and accuracy of the budget projections made by the
Enrollee Health Care Projection Model, its equivalent, or other
methodologies, as utilized for the purpose of estimating and projecting
health care expenditures of the Department of Veterans Affairs (in this
section referred to as the ``Model'') with respect to the fiscal year
involved and the subsequent four fiscal years.
    (b) Reports.--
            (1) In general.--Not later than the date of each year in
        2011, 2012, and 2013, on which the President submits the budget
        request for the next fiscal year under section 1105 of title
        31, United States Code, the Comptroller General shall submit to
        the appropriate committees of Congress and to the Secretary a
        report.
            (2) Elements.--Each report under this paragraph shall
        include, for the fiscal year beginning in the year in which
        such report is submitted, the following:
                    (A) A statement whether the amount requested in the
                budget of the President for expenditures of the
                Department for health care in such fiscal year is
                consistent with anticipated expenditures of the
                Department for health care in such fiscal year as
                determined utilizing the Model.
                    (B) The basis for such statement.
                    (C) Such additional information as the Comptroller
                General determines appropriate.
            (3) Availability to the public.--Each report submitted
        under this subsection shall also be made available to the
        public.
            (4) Appropriate committees of congress defined.--In this
        subsection, the term ``appropriate committees of Congress''
        means--
                    (A) the Committees on Veterans' Affairs,
                Appropriations, and the Budget of the Senate; and
                    (B) the Committees on Veterans' Affairs,
                Appropriations, and the Budget of the House of
                Representatives.

Summary: Veterans Health Care Budget Reform and Transparency Act of 2009 - Requires, beginning with FY2011, a two-fiscal-year new discretionary budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services, (2) Medical Support and Compliance. And (3) Medical Facilities. Requires the Comptroller General to: (1) conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures. And (2) report during 2011-2013 to the Secretary of Veterans Affairs and the congressional veterans, appropriations, and budget committees on the sufficiency of budget requests for VA health expenditures in relation to the baseline model projections.

A bill to amend title 38, United States Code, to authorize advance appropriations for certain medical care accounts of the Department of Veterans Affairs by providing two-fiscal year budget authority, and for other purposes.


SECTION 1. SHORT TITLE.

     This Act may be cited as the ``State Veterans Home Nurse
Recruitment Act of 2004''.

SEC. 2. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE VETERANS
              HOMES.

    (a) In General.--(1) Chapter 17 of title 38, United States Code, is
amended by inserting after section 1743 the following new section:
``Sec. 1744. Hiring and retention of nurses: payments to assist States
    ``(a) Payment Program.--The Secretary shall make payments to States
under this section for the purpose of assisting State homes in the
hiring and retention of nurses and the reduction of nursing shortages
at State homes.
    ``(b) Eligible Recipients.--Payments to a State for a fiscal year
under this section shall, subject to submission of an application, be
made to any State that during that year--
            ``(1) receives per diem payments under this subchapter for
        that fiscal year; and
            ``(2) has in effect an employee incentive scholarship
        program or other employee incentive program at a State home
        designed to promote the hiring and retention of nursing staff
        and to reduce nursing shortages at that home.
    ``(c) Use of Funds Received.--A State may use an amount received
under this section only to provide funds for a program described in
subsection (b)(2). Any program shall meet such criteria as the
Secretary may prescribe. In prescribing such criteria, the Secretary
shall take into consideration the need for flexibility and innovation.
    ``(d) Limitations on Amount of Payment.--(1) A payment under this
section may not be used to provide more than 50 percent of the costs
for a fiscal year of the employee incentive scholarship or other
incentive program for which the payment is made.
    ``(2) The amount of the payment to a State under this section for
any fiscal year is, for each State home in that State with a program
described in subsection (b)(2), the amount equal to 2 percent of the
amount of payments estimated to be made to that State, for that State
home, under section 1741 of this title for that fiscal year.
    ``(e) Applications.--A payment under this section for any fiscal
year with respect to any State home may only be made based upon an
application submitted by the State seeking the payment with respect to
that State home. Any such application shall describe the nursing
shortage at the State home and the employee incentive scholarship
program or other incentive program described in subsection (c) for
which the payment is sought.
    ``(f) Source of Funds.--Payments under this section shall be made
from funds available for other payments under this subchapter.
    ``(g) Disbursement.--Payments under this section to a State home
shall be made as part of the disbursement of payments under section
1741 of this title with respect to that State home.
    ``(h) Use of Certain Receipts.--The Secretary shall require as a
condition of any payment under this section that, in any case in which
the State home receives a refund payment made by an employee in breach
of the terms of an agreement for employee assistance that used funds
provided under this section, the payment shall be returned to the State
home's incentive program account and credited as a non-Federal funding
source.
    ``(i) Annual Report From Payment Recipients.--Any State home
receiving a payment under this section for any fiscal year, shall, as a
condition of the payment, be required to agree to provide to the
Secretary a report setting forth in detail the use of funds received
through the payment, including a descriptive analysis of how effective
the incentive program has been on nurse staffing in the State home
during that fiscal year. The report for any fiscal year shall be
provided to the Secretary within 60 days of the close of the fiscal
year and shall be subject to audit by the Secretary. Eligibility for a
payment under this section for any later fiscal year is contingent upon
the receipt by the Secretary of the annual report under this subsection
for the previous year in accordance with this subsection.
    ``(j) Regulations.--The Secretary shall prescribe regulations to
carry out this section. The regulations shall include the establishment
of criteria for the award of payments under this section.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after section 1743 the following new item:

``1744. Hiring and retention of nurses: payments to assist States.''.
    (b) Implementation.--The Secretary of Veterans Affairs shall
implement section 1744 of title 38, United States Code, as added by
subsection (a), as expeditiously as possible. The Secretary shall
establish such interim procedures as necessary so as to ensure that
payments are made to eligible States under that section commencing not
later than January 1, 2005, notwithstanding that regulations under
subsection (j) of that section may not have become final.

Summary: State Veterans Home Nurse Recruitment Act of 2004 - Amends Federal veterans' benefits provisions to direct the Secretary of Veterans Affairs to make payments to States for assisting State veterans' homes in the hiring and retention of nurses and the reduction of nursing shortages at such homes. Makes eligible for such assistance State homes that: (1) currently receive per diem payments from the Secretary for the care of veterans. And (2) have in effect an employee incentive scholarship or other program designed to promote the hiring and retention of nursing staff and reduce nursing shortages. Limits such assistance to no more than 50 percent of the fiscal year costs of such a program. Requires the assistance program to be implemented as expeditiously as possible, so that payments are made to eligible States commencing no later than January 1, 2005.

To amend title 38, United States Code, to establish within the Department of Veterans Affairs a program to assist the States in hiring and retaining nurses at State veterans homes.


SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF
              PREY NATIONAL CONSERVATION AREA, IDAHO.

    (a) Definitions.--In this section:
            (1) Conservation area.--The term ``Conservation Area''
        means the Morley Nelson Snake River Birds of Prey National
        Conservation Area.
            (2) Gateway west.--The term ``Gateway West'' means the
        high-voltage transmission line project in Idaho and Wyoming
        jointly proposed by the entities Idaho Power Company,
        incorporated in the State of Idaho, and Rocky Mountain Power, a
        division of PacifiCorp, an Oregon Corporation.
            (3) Map.--The term ``map'' means the map titled ``Proposed
        Snake River Birds of Prey NCA Boundary Adjustment'' and dated
        October 13, 2016.
            (4) Sage-grouse species.--The term ``sage-grouse species''
        means the greater sage-grouse (Centrocercus urophasianus)
        (including all distinct population segments).
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (b) Areas To Be Added to and Removed From Morley Nelson Snake River
Birds of Prey National Conservation Area.--The boundary of the
Conservation Area is hereby modified--
            (1) to include--
                    (A) the approximately 4726 acres of land generally
                depicted as ``BLM Administered Lands'' on the map, to
                the extent such lands are part of the Lower Saylor
                Creek Allotment those lands would continue to be
                managed by the BLM Jarbidge Field Office until terms of
                the No. CV-04-181-S-BLW Stipulated Settlement Agreement
                are fully met, after which the lands would be managed
                by the Morley Nelson Snake River Birds of Prey National
                Conservation Area office; and
                    (B) the approximately 86 acres of land generally
                depicted as ``BOR Administered Lands'' on the map; and
            (2) to exclude--
                    (A) the approximately 761 acres land generally
                depicted as ``Segment 8 Revised Proposed Route'' on the
                map, including 125 feet on either side of the center
                line of the Gateway West Transmission line, the Gateway
                West Transmission Line shall be sited so that the
                center line of Segment 8 is no more than 500 feet from
                the center line of the existing Summer Lake
                Transmission Line as described in the Summer Lake
                Transmission Line Right of Way Grant per FLPMA, IDI-
                008875; and
                    (B) the approximately 1,845 acres land generally
                depicted as ``Segment 9 Revised Proposed Route'' on the
                map including 125 feet on either side of the center
                line of the Gateway West Transmission line.
    (c) Right-of-Way and Conditions.--
            (1) Right-of-way.--Notwithstanding any other provision of
        law, not later than 90 days after the date of the enactment of
        this section, the Secretary shall issue to Gateway West a
        right-of-way for the lands described in subsection (b)(2) to be
        used for the construction and maintenance of transmission
        lines, including access roads and activities related to fire
        prevention and suppression. The right-of-way issued under this
        paragraph shall contain the conditions described in subsection
        (c)(2), and be in alignment with the revised proposed routes
        for segments 8 and 9 identified as Alternative 1 in the
        Supplementary Final Environmental Impact Analysis released
        October 5, 2016.
            (2) Conditions.--The conditions that the Secretary shall
        include in the right-of-way described in paragraph (1) shall be
        in accordance with section 505 of the Federal Land Policy and
        Management Act of 1976 (43 U.S.C. 1765) and are as follows:
                    (A) Mitigation.--During the time of construction of
                each respective line segment, Gateway West shall
                mitigate for the impacts related to the transmission
                lines in accordance with the Compensatory Mitigation
                and Enhancement framework described in the final
                Supplemental Environmental Impact Statement with the
                stipulation that Compensatory Mitigation and
                Enhancement costs shall not exceed $8,543,440.
                    (B) Conservation.--Gateway West shall contribute
                $2,000 per acre of right-of-way in the Conservation
                Area during the time of construction of Segment 8
                Revised Proposed Route (comprising 761 acres) and
                during the construction of Segment 9 Revised Proposed
                Route (comprising 1,845 acres) to the Bureau of Land
                Management Foundation that shall be used for the
                purpose of conservation, including enhancing National
                Landscape Conservation System Units in Idaho, also
                known as National Conservation Lands.
                    (C) Costs.--Gateway West shall pay all costs
                associated with the boundary modification, including
                the costs of any surveys, recording costs, and other
                reasonable costs.
                    (D) Other.--Standard terms and conditions in
                accordance with section 505 of the Federal Land Policy
                and Management Act of 1976 (43 U.S.C. 1765).
    (d) Administration.--The Secretary shall--
            (1) administer the lands described in subsection (b)(1) as
        part of the Conservation Area in accordance with Public Law
        103-64 and as part of the National Landscape Conservation
        System; and
            (2) continue to administer lands described in subsection
        (b)(2), but as lands that are not included in a Conservation
        Area or subject to Public Law 103-64.
    (e) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the approximately 86 acres of land depicted as ``BOR
Administered Lands'' on the map is hereby transferred from the Bureau
of Reclamation to the Bureau of Land Management.
    (f) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
    (g) Management Plan Amendment.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall amend the
management plan for the Conservation Area to address the long-term
management of the lands described in subsection (b)(1) in order to--
            (1) determine appropriate management activities and uses of
        the lands described in subsection (b)(1) consistent with Public
        Law 103-64 and this section;
            (2) continue managing the grazing of livestock on the lands
        described in subsection (b)(1) in which grazing is established
        as of the date of the enactment of this section such that the
        grazing shall be allowed to continue, subject to such
        reasonable regulations, policies, and practices that the
        Secretary considers necessary;
            (3) allow motorized access on roads existing on the lands
        described in subsection (b)(1) on the date of the enactment of
        this section, subject to such reasonable regulations, policies,
        and practices that the Secretary considers necessary; and
            (4) allow hunting and fishing on the lands described in
        subsection (b)(1) consistent with applicable laws and
        regulations.

SEC. 2. COTTEREL WIND POWER PROJECT.

    The approximately 203 acres of Federal land identified as ``Project
Area'' on the map titled ``Cotterel Wind Power Project'' and dated
March 1, 2006, may not be used for the production of electricity from
wind.

SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION.

    The Secretary of the Interior shall--
            (1) establish a Bureau of Land Management Foundation as a
        charitable and nonprofit corporation under section 501(c)(3) of
        the Internal Revenue Code of 1986; and
            (2) grant to such Foundation the same authorities granted
        to the National Park Foundation for its activities to benefit
        the National Park Service under subchapter II of chapter 1011
        of title 54, United States Code, for the purpose of providing
        opportunities for the Bureau of Land Management to address a
        variety of specific challenges that could be better addressed
        with the support of a foundation, including--
                    (A) reclamation of legacy wells, contaminated
                native lands, and abandoned mine land sites;
                    (B) sustainable management of wild horses and
                burros;
                    (C) expanded scientific understanding of
                responsible development techniques;
                    (D) voluntary conservation activities; and
                    (E) proper identification and cataloging of
                cultural and historical treasure on public lands.

Summary: This bill modifies the boundary of the Morley Nelson Snake River Birds of Prey National Conservation Area in Idaho to: (1) include specified Bureau of Land Management (BLM) administered land and certain Bureau of Reclamation administered land, and (2) exclude specified lands identified as the Segment 8 Revised Proposed Route and as the Segment 9 Revised Proposed Route. The Department of the Interior shall issue to Gateway West a right-of-way for such proposed routes, which is to be used for the construction and maintenance of transmission lines and for access roads and activities related to fire prevention and suppression, subject to construction mitigation and conservation requirements. Interior shall: (1) administer the BLM and Reclamation administered lands as part of the National Landscape Conservation System, and (2) continue to administer the proposed route lands as lands that are not included in the conservation area. The bill transfers from Reclamation to the BLM administrative jurisdiction over the Reclamation administered lands. Interior shall amend the management plan for the conservation area in order to address the long-term management of the BLM and Reclamation administered lands, including for livestock grazing, hunting, fishing, and motorized access. Specified federal land in the Cotterel Wind Power Project area may not be used for producing electricity from wind. Interior shall establish a Bureau of Land Management Foundation and grant it the same authorities granted to the National Park Foundation for National Park Service activities, for the purpose of providing opportunities for the BLM to address specific challenges that may be better addressed with the support of a foundation.

To modify the boundaries of the Morley Nelson Snake River Birds of Prey National Conservation Area, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Care Coordination for Older
Americans Act of 2012''.

SEC. 2. DECLARATION OF OBJECTIVES.

    Section 101(4) of the Older Americans Act of 1965 (42 U.S.C.
3001(4)) is amended by inserting ``care coordination and'' after
``including''.

SEC. 3. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended by adding at the end the following:
            ``(55)(A) The term `care coordination' means a person- and
        family-centered, assessment-based, and interdisciplinary
        approach to meet the needs and preferences of an older
        individual and a family caregiver while enhancing the
        capabilities of the older individual (including the ability to
        self-direct services).
            ``(B) The term `care coordination' means coordination
        that--
                    ``(i) integrates health care, long-term services
                and supports, housing, and social support services in a
                high-quality and cost-effective manner in which an
                individual's needs, preferences, and capabilities are
                assessed, along with the needs and preferences of a
                family caregiver;
                    ``(ii) includes, as a core element, the active
                involvement of the older individual, the family, or a
                representative appointed by the older individual or
                legally acting on the individual's behalf, community-
                based service professionals, and health care
                professionals providing care to the older individual,
                in the design and implementation of an individualized,
                individual-centered service and support plan, through
                which the services and supports will be provided in a
                manner free from conflicts of interest;
                    ``(iii) integrates services and interventions that
                are implemented, monitored, and evaluated for
                effectiveness using an evidence-based process, which
                typically involves a designated lead care coordinator
                and involves feedback from the older individual;
                    ``(iv) includes activities that aim simultaneously
                at meeting individual and family needs and preferences,
                building on individual capabilities, and improving
                outcomes and systems of care;
                    ``(v) includes provision of some or all of the
                services and activities described in clauses (i)
                through (iv) by trained professionals employed by or
                under a contract with--
                            ``(I) area agencies on aging;
                            ``(II) Aging and Disability Resource
                        Centers; or
                            ``(III) other service providers, including
                        in-home service providers; and
                    ``(vi) is not furnished to directly diagnose,
                treat, or cure a medical disease or condition.''.

SEC. 4. FUNCTIONS OF THE ASSISTANT SECRETARY.

    Section 202(a) of the Older Americans Act of 1965 (42 U.S.C.
3012(a)) is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(29)(A) encourage, provide technical assistance to, and
        share best practices with, States, area agencies on aging,
        Aging and Disability Resource Centers, and service providers to
        carry out outreach and coordinate activities with health care
        entities in order to assure better care coordination for
        individuals with multiple chronic illnesses; and
            ``(B) coordinate activities with other Federal agencies
        that are working to improve care coordination and developing
        new models and best practices.''.

SEC. 5. ORGANIZATION.

    Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(g)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(4) the State agency shall promote the development and
        implementation of a State system to address the care
        coordination needs of older individuals with multiple chronic
        illnesses, and shall work with acute care providers, area
        agencies on aging, service providers, and Federal agencies to
        ensure that the system uses best practices and is evaluated on
        its provision of care coordination.''.

SEC. 6. AREA PLANS.

    Section 306(a) of the Older Americans Act of 1965 (42 U.S.C.
3026(a)) is amended--
            (1) in paragraph (4)(B)(i)(VII) by inserting ``with
        multiple chronic illnesses or'' after ``older individuals'';
            (2) in paragraph (6)(D), by inserting ``(including acute
        care providers)'' after ``service providers'';
            (3) in paragraph (16), by striking ``and'' at the end;
            (4) in paragraph (17) by striking the period and inserting
        ``; and''; and
            (5) by adding at the end the following:
            ``(18) provide assurances that the area agency on aging
        will--
                    ``(A) identify existing (as of the date of
                submission of the plan) care coordination programs and
                systems;
                    ``(B) identify unmet community need for care
                coordination;
                    ``(C) facilitate the development and implementation
                of an area-wide system to address the care coordination
                needs of older individuals with multiple chronic
                illnesses; and
                    ``(D) work with acute care providers, service
                providers, and Federal and State agencies to ensure
                that the system uses best practices in its provision of
                care coordination.''.

SEC. 7. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
            (1) in paragraph (2)(A), by inserting ``care
        coordination,'' after ``information and assistance,'';
            (2) in paragraph (17), by striking ``and develop
        collaborative programs, where appropriate,'' and inserting ``,
        ensure care coordination, and (where appropriate) develop
        collaborative programs,'';
            (3) in paragraph (18), in the matter preceding subparagraph
        (A), by inserting ``and ensure care coordination that
        integrates long-term care services and other care services,''
        before ``for older'';
            (4) in paragraph (23), by striking ``with other State
        services'' and inserting ``with other Federal and State health
        care programs and services''; and
            (5) by adding at the end the following:
            ``(31) The plan shall provide assurances that the area
        agencies on aging in the State will facilitate the area-wide
        development and implementation of an area-wide system to
        address the care coordination needs of older individuals with
        multiple chronic illnesses, and work with acute care providers,
        service providers, and other Federal and State agencies to
        ensure that the system uses best practices and is evaluated on
        its provision of care coordination.''.

Summary: Care Coordination for Older Americans Act of 2012 - Amends the Older Americans Act of 1965 to make it a duty and function of the Administration on Aging (AOA) in the Department of Health and Human Services (HHS) to provide technical assistance to, and share best practices with, states, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses. Requires AOA also to coordinate activities with other federal agencies working to improve care coordination and developing new models and best practices. Requires the designated state agency to promote the development and implementation of a state system to: (1) address the care coordination needs of older individuals with multiple chronic illnesses. And (2) work with acute care providers, area agencies on aging, service providers, and federal agencies to ensure that the system uses best practices. Requires area and state plans to provide assurances that the area agencies on aging will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses.

To amend the Older Americans Act of 1965 to define care coordination, include care coordination as a fully restorative service, and detail the care coordination functions of the Assistant Secretary, and for other purposes.