SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Accountability Now
Act'' or the ``CAN Act''.

SEC. 2. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF
              MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR
              AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS.

    (a) Prohibition.--Except as provided in subsection (b), no funds
appropriated or otherwise made available for the official travel
expenses of a Member of Congress or other officer or employee of any
office in the legislative branch may be used for airline accommodations
which are not coach-class accommodations.
    (b) Exceptions.--Funds described in subsection (a) may be used for
airline accommodations which are not coach-class accommodations for an
individual described in subsection (a) if the use of the funds for such
accommodations would be permitted under sections 301-10.121 through
301-10.125 of title 41 of the Code of Federal Regulations if the
individual were an employee of an agency which is subject to chapter
301 of such title.
    (c) Rule of Construction.--Nothing in this section may be construed
to affect any officer or employee of an office of the legislative
branch which, as of the date of the enactment of this Act, is subject
to chapter 301 of title 41 of the Code of Federal Regulations.
    (d) Definitions.--
            (1) Coach-class accommodations.--In this section, the term
        ``coach-class accommodations'' means the basic class of
        accommodation by airlines that is normally the lowest fare
        offered regardless of airline terminology used, and (as
        referred to by airlines) may include tourist class or economy
        class, as well as single class when the airline offers only one
        class of accommodations to all travelers.
            (2) Member of congress.--In this section, the term ``Member
        of Congress'' means a Senator or a Representative in, or
        Delegate or Resident Commissioner to, the Congress.

SEC. 3. PROHIBITING USE OF FUNDS FOR LONG-TERM VEHICLE LEASES BY
              MEMBERS OF CONGRESS.

    (a) Prohibition.--No funds appropriated or otherwise made available
during a fiscal year for the operations of a House of Congress,
including the official and representational expenses of a Member of
Congress or the expenses of a committee or leadership office of a House
of Congress, may be used for the long-term leasing of a vehicle.
    (b) Member of Congress Defined.--In this section, the term ``Member
of Congress'' means a Senator or a Representative in, or Delegate or
Resident Commissioner to, the Congress.

SEC. 4. RESTRICTING USE OF FRANK BY MEMBERS OF THE HOUSE OF
              REPRESENTATIVES.

    Section 311(e) of the Legislative Branch Appropriations Act, 1991
(2 U.S.C. 503(e)) is amended by adding at the end the following new
paragraph:
    ``(3) Funds of the House of Representatives may not be used for
official mail of a Member of the House of Representatives for any
material other than a document transmitted under the official
letterhead used for the Member's stationery.''.

SEC. 5. REDUCTION IN PAY AND ELIMINATION OF AUTOMATIC PAY INCREASES FOR
              MEMBERS OF CONGRESS.

    (a) In General.--Section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) is amended to read as follows:
    ``Sec. 601. (a) Effective as of the beginning of the first
applicable pay period commencing after the date of the first regularly
scheduled general election for Federal office which is held after the
date of the enactment of the Congressional Accountability Now Act, the
annual rate of pay for--
            ``(1) each Senator, Member of the House of Representatives,
        and Delegate to the House of Representatives, and the Resident
        Commissioner from Puerto Rico,
            ``(2) the President pro tempore of the Senate, the majority
        leader and the minority leader of the Senate, and the majority
        leader and the minority leader of the House of Representatives,
        and
            ``(3) the Speaker of the House of Representatives,
shall be equal to the annual rate of pay for that position as of the
date on which such general election is held, reduced by 10 percent.''.
    (b) Effective Date.--Subsection (a) shall take effect on the date
of the first regularly scheduled general election for Federal office
which is held after the date of the enactment of this Act.

SEC. 6. TERMINATION OF CERTAIN RETIREMENT BENEFITS FOR MEMBERS OF
              CONGRESS.

    (a) Amendments Relating to the Civil Service Retirement System.--
            (1) In general.--Subchapter III of chapter 83 of title 5,
        United States Code, is amended by inserting after section 8335
        the following:
``Sec. 8335a. Termination of further retirement coverage of Members of
              Congress
    ``(a) In General.--Notwithstanding any other provision of this
subchapter and subject to subsection (f), effective as of the date of
enactment of this section--
            ``(1) a Member shall not be subject to this subchapter for
        any further period of time; and
            ``(2) no further Government contributions or deductions
        from basic pay may be made with respect to such Member for
        deposit in the Treasury of the United States to the credit of
        the Fund.
    ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter with respect to any
Member covering any period prior to the date of enactment of this
section.
    ``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
    ``(d) Regulations.--Any regulations necessary to carry out this
section may--
            ``(1) except with respect to matters under paragraph (2),
        be prescribed by the Director of the Office of Personnel
        Management; and
            ``(2) with respect to matters relating to the Thrift
        Savings Plan, be prescribed by the Executive Director (as
        defined by section 8401(13)).
    ``(e) Exclusion.--For purposes of this section, the term `Member'
does not include the Vice President.
    ``(f) Opt-In.--Not later than 90 days after the date of enactment
of this section, a Member covered by this subchapter as of such date of
enactment may elect, by giving notice in writing to the official by
whom such Member is paid, to remain subject to this subchapter.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 83 of title 5, United States Code, is
        amended by inserting after the item relating to section 8335
        the following:

``8335a. Termination of further retirement coverage of Members of
                            Congress.''.
    (b) Amendments Relating to the Federal Employees' Retirement
System.--
            (1) In general.--Subchapter II of chapter 84 of title 5,
        United States Code, is amended by inserting after section 8425
        the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
              Congress
    ``(a) In General.--Notwithstanding any other provision of this
chapter, effective as of the date of enactment of this section--
            ``(1) subject to subsection (f), in the case of an
        individual who first becomes a Member before such date of
        enactment--
                    ``(A) such Member shall not be subject to this
                chapter for any further period of time after such date
                of enactment; and
                    ``(B) no further Government contributions or
                deductions from basic pay may be made with respect to
                such Member for deposit in the Treasury of the United
                States to the credit of the Fund; and
            ``(2) in the case of an individual who first becomes a
        Member on or after such date of enactment--
                    ``(A) such Member shall not be subject to this
                chapter; and
                    ``(B) no Government contributions or deductions
                from basic pay may be made with respect to such Member
                for deposit in the Treasury of the United States to the
                credit of the Fund.
    ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the date of enactment of this section.
    ``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) or (b) shall affect the eligibility of a
Member to participate in the Thrift Savings Plan in accordance with
otherwise applicable provisions of law.
    ``(d) Regulations.--
            ``(1) In general.--Any regulations necessary to carry out
        this section may--
                    ``(A) except with respect to matters under
                subparagraph (B), be prescribed by the Director of the
                Office of Personnel Management; and
                    ``(B) with respect to matters relating to the
                Thrift Savings Plan, be prescribed by the Executive
                Director (as defined by section 8401(13)).
            ``(2) Refunds.--Notwithstanding subsection (b), the
        regulations under paragraph (1)(A) shall, in the case of a
        Member who has not completed at least 5 years of civilian
        service as of the date of enactment of this section, provide
        that the lump-sum credit shall be payable to such Member to the
        same extent and in the same manner as if such Member satisfied
        paragraphs (1) through (4) of section 8424(a) as of such date
        of enactment.
    ``(e) Exclusions.--For purposes of this section, the term `Member'
does not include the Vice President.
    ``(f) Opt-In for Members.--Not later than 90 days after the date of
enactment of this section, a Member covered by this chapter as of such
date may elect, by giving notice in writing to the official by whom
such Member is paid, to remain subject to this chapter.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 84 of title 5, United States Code, is
        amended by inserting after the item relating to section 8425
        the following:

``8425a. Termination of further retirement coverage of Members of
                            Congress.''.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act, other than sections 5
and 6, shall apply with respect to fiscal year 2017 and each succeeding
fiscal year.

Summary: Congressional Accountability Now Act or the CAN Act This bill prohibits the use of funds: (1) for the official travel expenses of a Member of Congress or legislative branch employee for airline accomodations that are not coach-class, (2) for the long-term leasing of a vehicle by a Member of Congress, and (3) for a Member's official mail other than a document transmitted under official letterhead. The bill amends the Legislative Reorganization Act of 1946 to reduce the annual rate of pay for Members of Congress by 10. This bill excludes Members of Congress from further coverage under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). This exclusion does not apply to the Vice President. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before its enactment. Or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan. Members currently covered by CSRS or FERS may elect to retain such coverage by giving written notice within 90 days after enactment of this bill.

CAN Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Accountability in
Congressional Travel Act of 2012''.

SEC. 2. ENHANCED DISCLOSURE OF MEMBER AND STAFF TRAVEL.

    (a) Reporting Requirements for Official Foreign Travel by Members
and Employees.--
            (1) Statement required prior to undertaking travel.--A
        Member or employee of Congress may not undertake any official
        foreign travel unless, not later than 14 days prior to the date
        on which the travel begins, the Member or employee prepares and
        submits to the Clerk of the House of Representatives (in the
        case of a Member or employee of the House) or the Secretary of
        the Senate (in the case of a Senator or employee of the Senate)
        a statement containing the following information:
                    (A) The name and position of the Member or employee
                involved, and (in the case of an employee) the
                employing office.
                    (B) The office authorizing the travel.
                    (C) A statement of worthiness regarding the purpose
                of the travel, including a description of how the
                travel relates to the Member's or employee's official
                duties.
                    (D) A tentative itinerary for each day of the
                travel, including a list of the foreign nations and the
                locations within each such nation the Member or
                employee intends to visit and any individuals with whom
                the Member or employee intends to meet.
                    (E) The names of any other individuals who are
                accompanying the Member or employee during the travel,
                without regard to whether such individuals are Members
                or employees of the House.
                    (F) The amount of per diem the Member or employee
                requested to be provided for the travel, and whether
                the amount is greater than the standard per diem
                provided under chapter 57 of title 5, United States
                Code.
                    (G) A statement as to whether the aircraft to be
                used for transportation for the travel is commercial,
                chartered, private, or military), and (in the case of
                commercial aircraft) whether the seating is coach,
                business class, or first class.
                    (H) The Member's or employee's best estimate of the
                costs of the travel, itemized by the costs of
                transportation, meals, and lodging.
                    (I) If any portion of the cost of the travel will
                be paid using appropriated funds other than funds of
                the House of Representatives or Senate (including funds
                of the Department of Defense or the Department of
                State), the name of the office which is the source of
                such funds.
            (2) Statement required after completion of travel.--Not
        later than 14 days after completing any official foreign
        travel, the Member or employee who undertook the travel shall
        prepare and submit to the Clerk of the House of Representatives
        (in the case of a Member or employee of the House) or the
        Secretary of the Senate (in the case of a Senator or employee
        of the Senate) a statement containing the following
        information:
                    (A) The name and position of the Member or employee
                involved, and (in the case of an employee) the
                employing office.
                    (B) The office authorizing the travel.
                    (C) A statement detailing the value, worthiness,
                and educational benefit to the Member or employee of
                the travel.
                    (D) The actual itinerary for the travel, including
                a comprehensive statement of travel times, foreign
                nations visited and the locations visited in each such
                nation, meetings, and other activities carried out
                during the travel.
                    (E) The names of any other individuals who did
                accompany the Member or employee during the travel,
                without regard to whether such individuals are Members
                or employees of the House.
                    (F) How much (if any) per diem was provided for the
                travel and how much (if any) of such per diem was
                unspent.
                    (G) A statement as to whether the aircraft used for
                transportation for the travel was commercial,
                chartered, private, or military), and (in the case of
                commercial aircraft) whether the seating was coach,
                business class, or first class.
                    (H) The actual cost of the travel, itemized by the
                costs of--
                            (i) transportation (including the
                        identification of the providers of the
                        transportation);
                            (ii) lodging (including the identification
                        of the providers of the lodging); and
                            (iii) meals (including the identification
                        of the providers of the meals).
                    (I) If any portion of the cost of the travel was
                paid (or will be paid) using appropriated funds other
                than funds of the House of Representatives or Senate
                (including funds of the Department of Defense or the
                Department of State), the name of the office which is
                the source of such funds and the amount of the payment
                which is (or which will be) attributable to such
                office.
            (3) Exception for classified information.--A Member or
        employee may exclude from a statement prepared under this
        subsection any information which is classified, so long as the
        Member includes documentation in support of the exclusion in
        the statement prepared under this subsection.
            (4) Use of electronic filing.--To the greatest extent
        practicable, a Member or employee shall submit the statements
        required under this section in both paper and electronic form.
    (b) Determination and Disclosure of Costs Incurred by Secretary of
Defense or Secretary of State.--In the case of official foreign travel
of a Member or employee of Congress for which any of the costs are to
be paid by funds of the Department of Defense or the Department of
State, the Secretary of Defense or the Secretary of State (as the case
may be) shall, not later than 10 days after completion of the travel
involved, provide the Member or employee with a written statement
containing the following information:
            (1) The cost incurred with respect to the Member or
        employee, itemized by the cost of transportation, lodging, and
        meals.
            (2) A statement as to whether the aircraft used for
        transportation for the travel was commercial, chartered,
        private, or military), and (in the case of commercial aircraft)
        whether the seating was coach, business class, or first class.
            (3) Such other information as the Member or employee may
        request in order to enable the Member or employee to prepare
        and submit the statement required under subsection (a)(2).
    (c) Internet Posting of Reports.--Upon receiving a statement under
subsection (a) with respect to official foreign travel of a Member or
employee of Congress, the Clerk of the House of Representatives or the
Secretary of the Senate (as the case may be) shall post the statement
on the Clerk's or Secretary's official public Internet site in a
searchable, sortable, and downloadable manner.

SEC. 3. OTHER RESTRICTIONS ON OFFICIAL FOREIGN TRAVEL OF MEMBERS AND
              STAFF.

    (a) Prohibiting Vacation Stopovers During Travel.--A Member or
employee of Congress may not undertake a vacation stopover for annual
leave at any point during official foreign travel.
    (b) Restrictions on Travel by Employees.--
            (1) Travel by employees of members.--An employee of
        Congress whose employing office is the office of a Member of
        Congress may not undertake any official foreign travel unless--
                    (A) the authorizing office for the travel is the
                office of the Member;
                    (B) the travel is undertaken by the employee to
                accompany the Member on the Member's own official
                foreign travel; and
                    (C) no other employee of the office accompanies the
                Member on such travel.
            (2) Travel by employees of committees.--An employee of
        Congress whose employing office is the office of a committee of
        the House of Representatives or Senate (including a joint
        committee) may not undertake any official foreign travel
        unless--
                    (A) the authorizing office for the travel is the
                office of the committee;
                    (B) the travel is undertaken by the employee to
                accompany a Member who serves on the committee on the
                Member's own official foreign travel; and
                    (C) the number of employees accompanying the
                Members of the committee on such travel does not exceed
                the number of Members of the committee who are
                participating in such travel.
            (3) Exception for certain travel.--This subsection does not
        apply with respect to travel to a military installation or
        travel to a theater of operations of the Armed Forces.
    (c) Requiring Efforts To Reduce Expenses; Return of Unspent Per
Diem.--Each Member and employee of Congress who undertakes official
foreign travel shall--
            (1) take such actions as may be necessary to reduce the
        costs incurred for such travel; and
            (2) return any per diem provided to the Member or employee
        which remains unexpended as of the conclusion of the travel.
    (d) No Effect on Other Authorization Requirements.--Nothing in this
section shall be construed to affect any requirement under the Rules of
the House of Representatives, the Standing Rules of the Senate, or any
law that a Member, officer, or employee of Congress obtain
authorization for official foreign travel prior to undertaking such
travel.
    (e) Regulations.--This section shall be carried out in accordance
with regulations promulgated--
            (1) by the Committee on House Administration of the House
        of Representatives, with respect to Members and employees of
        the House of Representatives; or
            (2) by the Committee on Rules and Administration of the
        Senate, with respect to Senators and employees of the Senate.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``authorizing office'' means, with respect to
        a Member or employee of Congress, the office which is
        authorized under law or the Rules of the House of
        Representatives or the Standing Rules of the Senate to approve
        the use of appropriated funds, including official funds of the
        Senate or House of Representatives, for official travel outside
        of the United States by the Member or employee.
            (2) The term ``employee of Congress'' means an individual
        whose salary is disbursed by the Chief Administrative Officer
        of the House of Representatives or the Secretary of the Senate.
            (3) The term ``Member of Congress'' means a Senator or a
        Representative in, or Delegate or Resident Commissioner to, the
        Congress.
            (4) The term ``official foreign travel'' means any travel
        outside of the United States for which the costs (including the
        costs of transportation, lodging, meals, and related expenses)
        may be covered by appropriated funds, including official funds
        of the Senate or House of Representatives, under law or the
        Rules of the House of Representatives or the Standing Rules of
        the Senate, or by funds provided under section 502(b) of the
        Mutual Security Act of 1954 (22 U.S.C. 1754(b)).

SEC. 5. EFFECTIVE DATE.

    This Act shall apply with respect to official foreign travel
undertaken after the expiration of the 90-day period which begins on
the date of the enactment of this Act.

Summary: Transparency and Accountability in Congressional Travel Act of 2012 - Prohibits a Member of Congress or congressional employee from undertaking any official foreign travel unless, within 14 days before and within 14 days after such travel, the individual prepares and submits to the Clerk of the House of Representatives or the Secretary of the Senate, as appropriate, a specified statement containing travel-related information. Allows the Member or congressional employee to exclude classified information from such statements, so long as the Member includes documentation in support of such exclusion. Requires the Secretary of Defense (DOD) or the Secretary of State, as appropriate, for official travel by a Member or congressional employee for which any of the costs are to be paid by their respective departmental funds, to give such individual, within 10 days after completion of such travel, a written statement specifying: (1) the cost incurred, itemized by the cost of transportation, lodging, and meals. And (2) whether the aircraft used was chartered, private, military, or, in the case of commercial aircraft, whether the seating was coach, business class, or first class. Requires the Clerk and the Secretary to post such statements on their respective official public Internet sites. Prohibits a vacation stopover for annual leave at any point during official foreign travel. Specifies restrictions on official foreign travel by Member and House committee employees, except travel to a military installation or to a theater of operations of the Armed Forces. Requires each Member and congressional employee who undertakes official foreign travel to: (1) take necessary actions to reduce travel costs, and (2) return any per diem remaining unexpended at conclusion of the travel.

To enhance the disclosure of information on official foreign travel of Members and employees of Congress, to impose additional restrictions on such travel, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Mental Health and
Addiction Safety Net Equity Act of 2010''.

SEC. 2. FEDERALLY QUALIFIED BEHAVIORAL HEALTH CENTERS.

    Section 1913 of the Public Health Service Act (42 U.S.C. 300x-3) is
amended--
            (1) in subsection (a)(2)(A), by striking ``community mental
        health services'' and inserting ``behavioral health services
        (of the type offered by federally qualified behavioral health
        centers consistent with subsection (c)(3))'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the
                following:
            ``(1) services under the plan will be provided only through
        appropriate, qualified community programs (which may include
        federally qualified behavioral health centers, child mental
        health programs, psychosocial rehabilitation programs, mental
        health peer-support programs, and mental health primary
        consumer-directed programs); and''; and
                    (B) in paragraph (2), by striking ``community
                mental health centers'' and inserting ``federally
                qualified behavioral health centers''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Criteria for Federally Qualified Behavioral Health Centers.--
            ``(1) In general.--The Administrator shall certify, and
        recertify at least every 5 years, federally qualified
        behavioral health centers as meeting the criteria specified in
        this subsection.
            ``(2) Regulations.--Not later than 18 months after the date
        of the enactment of the Community Mental Health and Addiction
        Safety Net Equity Act of 2010, the Administrator shall issue
        final regulations for certifying non-profit or local government
        centers as centers under paragraph (1).
            ``(3) Criteria.--The criteria referred to in subsection
        (b)(2) are that the center performs each of the following:
                    ``(A) Provide services in locations that ensure
                services will be available and accessible promptly and
                in a manner which preserves human dignity and assures
                continuity of care.
                    ``(B) Provide services in a mode of service
                delivery appropriate for the target population.
                    ``(C) Provide individuals with a choice of service
                options where there is more than one efficacious
                treatment.
                    ``(D) Employ a core staff of clinical staff that is
                multidisciplinary and culturally and linguistically
                competent.
                    ``(E) Provide services, within the limits of the
                capacities of the center, to any individual residing or
                employed in the service area of the center, regardless
                of the ability of the individual to pay.
                    ``(F) Provide, directly or through contract, to the
                extent covered for adults in the State Medicaid plan
                under title XIX of the Social Security Act and for
                children in accordance with section 1905(r) of such Act
                regarding early and periodic screening, diagnosis, and
                treatment, each of the following services:
                            ``(i) Screening, assessment, and diagnosis,
                        including risk assessment.
                            ``(ii) Person-centered treatment planning
                        or similar processes, including risk assessment
                        and crisis planning.
                            ``(iii) Outpatient clinic mental health
                        services, including screening, assessment,
                        diagnosis, psychotherapy, substance abuse
                        counseling, medication management, and
                        integrated treatment for mental illness and
                        substance abuse which shall be evidence-based
                        (including cognitive behavioral therapy and
                        other such therapies which are evidence-based).
                            ``(iv) Outpatient clinic primary care
                        services, including screening and monitoring of
                        key health indicators and health risk
                        (including screening for diabetes,
                        hypertension, and cardiovascular disease and
                        monitoring of weight, height, body mass index
                        (BMI), blood pressure, blood glucose or HbA1C,
                        and lipid profile).
                            ``(v) Crisis mental health services,
                        including 24-hour mobile crisis teams,
                        emergency crisis intervention services, and
                        crisis stabilization.
                            ``(vi) Targeted case management (services
                        to assist individuals gaining access to needed
                        medical, social, educational, and other
                        services and applying for income security and
                        other benefits to which they may be entitled).
                            ``(vii) Psychiatric rehabilitation services
                        including skills training, assertive community
                        treatment, family psychoeducation, disability
                        self-management, supported employment,
                        supported housing services, therapeutic foster
                        care services, and such other evidence-based
                        practices as the Secretary may require.
                            ``(viii) Peer support and counselor
                        services and family supports.
                    ``(G) Maintain linkages, and where possible enter
                into formal contracts with the following:
                            ``(i) Inpatient psychiatric facilities and
                        substance abuse detoxification and residential
                        programs.
                            ``(ii) Adult and youth peer support and
                        counselor services.
                            ``(iii) Family support services for
                        families of children with serious mental
                        disorders.
                            ``(iv) Other community or regional
                        services, supports, and providers, including
                        schools, child welfare agencies, juvenile and
                        criminal justice agencies and facilities,
                        housing agencies and programs, employers, and
                        other social services.
                            ``(v) Onsite or offsite access to primary
                        care services.
                            ``(vi) Enabling services, including
                        outreach, transportation, and translation.
                            ``(vii) Health and wellness services,
                        including services for tobacco cessation.''.

SEC. 3. MEDICAID COVERAGE AND PAYMENT FOR FEDERALLY QUALIFIED
              BEHAVIORAL HEALTH CENTER SERVICES.

    (a) Payment for Services Provided by Federally Qualified Behavioral
Health Centers.--Section 1902(bb) of the Social Security Act (42 U.S.C.
1396a(bb)) is amended--
            (1) in the heading, by striking ``and Rural Health
        Clinics'' and inserting ``, Federally Qualified Behavioral
        Health Centers, and Rural Health Clinics'';
            (2) in paragraph (1), by inserting ``(and beginning with
        fiscal year 2011 with respect to services furnished on or after
        January 1, 2011, and each succeeding fiscal year, for services
        described in section 1905(a)(2)(D) furnished by a federally
        qualified behavioral health center)'' after ``by a rural health
        clinic'';
            (3) in paragraph (2)--
                    (A) by striking the heading and inserting ``Initial
                fiscal year'';
                    (B) by inserting ``(or, in the case of services
                described in section 1905(a)(2)(D) furnished by a
                federally qualified behavioral health center, for
                services furnished on and after January 1, 2011, during
                fiscal year 2011)'' after ``January 1, 2001, during
                fiscal year 2001'';
                    (C) by inserting ``(or, in the case of services
                described in section 1905(a)(2)(D) furnished by a
                federally qualified behavioral health center, during
                fiscal years 2009 and 2010)'' after ``1999 and 2000'';
                and
                    (D) by inserting ``(or, in the case of services
                described in section 1905(a)(2)(D) furnished by a
                federally qualified behavioral health center, during
                fiscal year 2011)'' before the period;
            (4) in paragraph (3)--
                    (A) in the heading, by striking ``Fiscal year 2002
                and succeeding'' and inserting ``Succeeding''; and
                    (B) by inserting ``(or, in the case of services
                described in section 1905(a)(2)(D) furnished by a
                federally qualified behavioral health center, for
                services furnished during fiscal year 2012 or a
                succeeding fiscal year)'' after ``2002 or a succeeding
                fiscal year'';
            (5) in paragraph (4)--
                    (A) by inserting ``(or as a federally qualified
                behavioral health center after fiscal year 2010)''
                after ``or rural health clinic after fiscal year
                2000'';
                    (B) by striking ``furnished by the center or'' and
                inserting ``furnished by the federally qualified health
                center, services described in section 1905(a)(2)(D)
                furnished by the federally qualified behavioral health
                center, or'';
                    (C) in the second sentence, by striking ``or rural
                health clinic'' and inserting ``, federally qualified
                behavioral health center, or rural health clinic'';
            (6) in paragraph (5), in each of subparagraphs (A) and (B),
        by striking ``or rural health clinic'' and inserting ``,
        federally qualified behavioral health center, or rural health
        clinic''; and
            (7) in paragraph (6), by striking ``or to a rural health
        clinic'' and inserting ``, to a federally qualified behavioral
        health center for services described in section 1905(a)(2)(D),
        or to a rural health clinic''.
    (b) Inclusion of Federally Qualified Behavioral Health Center
Services in the Term Medical Assistance.--Section 1905(a)(2) of the
Social Security Act (42 U.S.C. 1396d(a)(2)) is amended--
            (1) by striking ``and'' before ``(C)''; and
            (2) by inserting before the semicolon at the end the
        following: ``, and (D) federally qualified behavioral health
        center services (as defined in subsection (l)(4))''.
    (c) Definition of Federally Qualified Behavioral Health Center
Services.--Section 1905(l) of the Social Security Act (42 U.S.C.
1396d(l)) is amended by adding at the end the following paragraph:
            ``(4)(A) The term `federally qualified behavioral health
        center services' means services furnished to an individual at a
        federally qualified behavioral health center (as defined by
        subparagraph (B).
            ``(B) The term `federally qualified behavioral health
        center' means an entity that is certified under section 1913(c)
        of the Public Health Service Act as meeting the criteria
        described in paragraph (3) of such section.''.

SEC. 4. MENTAL HEALTH AND ADDICTION SAFETY NET STUDIES.

    (a) Paperwork Reduction Study.--
            (1) In general.--Not later than 12 months after the date of
        the enactment of this Act, the Institute of Medicine shall
        submit to the appropriate committees of Congress a report that
        evaluates the combined paperwork burden of federally qualified
        behavioral health centers certified section 1913(c) of the
        Public Health Service Act, as inserted by section 2.
            (2) Scope.--In preparing the report under paragraph (1),
        the Institute of Medicine shall examine licensing,
        certification, service definitions, claims payment, billing
        codes, and financial auditing requirements utilized by the
        Office of Management and Budget, the Centers for Medicare &
        Medicaid Services, the Health Resources and Services
        Administration, the Substance Abuse and Mental Health Services
        Administration, the Office of the Inspector General, State
        Medicaid agencies, State departments of health, State
        departments of education, and State and local juvenile justice
        and social services agencies to--
                    (A) establish an estimate of the combined
                nationwide cost of complying with the requirements
                described in this paragraph, in terms of both
                administrative funding and staff time;
                    (B) establish an estimate of the per capita cost to
                each federally qualified behavioral health center
                certified under section 1913(c) of the Public Health
                Service Act to comply with the requirements described
                in this paragraph, in terms of both administrative
                funding and staff time; and
                    (C) make administrative and statutory
                recommendations to Congress, which may include a
                uniform methodology, to reduce the paperwork burden
                experienced by such federally qualified behavioral
                health centers.
            (3) Authorization of appropriations.--There are authorized
        to be appropriated to carry out this subsection $550,000 for
        each of the fiscal years 2012 and 2013.
    (b) Wage Study.--
            (1) In general.--Not later than 12 months after the date of
        the enactment of this Act, the Institute of Medicine shall
        conduct a nationwide analysis, and submit a report to the
        appropriate committees of Congress, concerning the compensation
        structure of professional and paraprofessional personnel
        employed by federally qualified behavioral health centers
        certified under section 1913(c) of the Public Health Service
        Act, as inserted by section 2, as compared with the
        compensation structure of comparable health safety net
        providers and relevant private sector health care employers.
            (2) Scope.--In preparing the report under paragraph (1),
        the Institute of Medicine shall examine compensation
        disparities, if such disparities are determined to exist, by
        type of personnel, type of provider or private sector employer,
        and by geographic region.
            (3) Authorization of appropriations.--There are authorized
        to be appropriated to carry out this subsection, $550,000 for
        each of the fiscal years 2012 and 2013.

Summary: Community Mental Health and Addiction Safety Net Equity Act of 2010 - Amends the Public Health Service Act to replace community mental health centers with federally qualified behavioral health centers which treat substance abuse in addition to mental illness and other conditions. Amends title XIX (Medicaid) of the Social Security Act to extend Medicaid coverage to federally qualified behavioral health center services. Directs the Institute of Medicine to: (1) evaluate for Congress the combined paperwork burden of federally qualified behavioral health centers. And (2) analyze and report to Congress on the compensation structure of professional and paraprofessional personnel employed by federally qualified behavioral health centers nationwide as compared with the compensation structure of comparable health safety net providers and relevant private sector health care employers.

To establish Federally Qualified Behavioral Health Centers and to require Medicaid coverage for services provided by such Centers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Software Trade Secrets Protection
Act''.

SEC. 2. SOFTWARE TRADE SECRETS PROTECTION.

    (a) In General.--Subchapter A of chapter 78 of the Internal Revenue
Code of 1986 (relating to examination and inspection) is amended by
redesignating section 7612 as section 7613 and by inserting after 7611
the following:

``SEC. 7612. SPECIAL PROCEDURES FOR SUMMONSES FOR COMPUTER SOFTWARE.

    ``(a) Limitation on Authority to Require Production of Computer
Software Source Code.--
            ``(1) In general.--No summons may be issued under this
        title, and the Secretary may not begin any action under section
        7604 to enforce any summons, to produce or examine any computer
        software source code or related customer communications, and
        training materials.
            ``(2) Exception where information not otherwise available
        to verify correctness of item on return.--Paragraph (1) shall
        not apply to any portion, item, or component of computer
        software source code if--
                    ``(A) the Secretary, without examining the computer
                software source code, is unable to otherwise ascertain
                with reasonable accuracy the correctness of any item on
                a return after employing auditing procedures and
                practices otherwise used pursuant to this title,
                    ``(B) the Secretary identifies with reasonable
                specificity the portion, item, or component of such
                code needed to verify the correctness of such item on
                the return, and
                    ``(C) the Secretary demonstrates that with respect
                to the issue under examination the need for the
                portion, item, or component of the computer software
                source code requested outweighs the burdens of
                production imposed on the summoned person and the risks
                of disclosure of trade secrets.
            ``(3) Other exceptions.--Paragraph (1) shall not apply to--
                    ``(A) any inquiry into any offense connected with
                the administration or enforcement of the internal
                revenue laws, and
                    ``(B) any computer software developed by the
                taxpayer or a related person (within the meaning of
                section 267 or 707(b)) for internal use by the taxpayer
                or such person and not for commercial purposes.
            ``(4) Enforcement proceeding.--In any proceeding brought
        under section 7604 to enforce a summons issued under this
        section, the court shall hold a hearing to determine whether
        the Secretary has met the requirements of paragraph (2).
            ``(5) Compliance with summons for computer software source
        code.--Any person to whom a summons for a portion, item, or
        component of computer software source code is issued shall be
        deemed to have complied with such summons by producing a hard-
        copy printout of such code.
    ``(b) Protection of Trade Secrets and Other Confidential
Information.--
            ``(1) Entry of protective order.--In any court proceeding
        to enforce a summons for any portion of software, the court may
        receive evidence and issue any order necessary to prevent undue
        burdens or the disclosure of trade secrets or other
        confidential information with respect to such software,
        including providing that any information be placed under seal
        to be opened only as directed by the court.
            ``(2) Protection of software.--Notwithstanding any other
        provision of this section, and in addition to any protections
        ordered pursuant to paragraph (1), in the case of software that
        comes into the possession or control of the Secretary in the
        course of any examination with respect to any taxpayer--
                    ``(A) the software may be examined only in
                connection with the examination of such taxpayer's
                return,
                    ``(B) the software may be disclosed only to persons
                conducting such examination whose duties or
                responsibilities require access to the software,
                    ``(C) the software shall be maintained in a secure
                area or place, and, in the case of computer software
                source code and related documents, shall not be removed
                from the owner's place of business,
                    ``(D) the software may not be copied except as
                necessary to perform such examination,
                    ``(E) at the end of the examination (and any
                judicial review of the summons issued under this
                section), the software and all copies thereof shall be
                returned to the person from whom they were obtained and
                any copies thereof made under subparagraph (D) on the
                hard drive of a machine or other mass storage device
                shall be permanently deleted and any notes or other
                memoranda made with regard to such software shall be
                destroyed,
                    ``(F) the software may not be decompiled,
                disassembled, or reverse engineered, and
                    ``(G) the Secretary shall provide to the taxpayer
                and the owner of any interest in such software, as the
                case may be, a written agreement between the Secretary
                and any person who will examine or otherwise have
                access to such software, in which such person agrees--
                            ``(i) not to disclose such software to any
                        person other than authorized employees or
                        agents of the Secretary during and after
                        employment by the Secretary, and
                            ``(ii) not to compete with the owner of the
                        software for a period of 2 years after
                        disclosure to such person of such software.
        ``The owner of any interest in the software shall be considered
        a party to any agreement described in subparagraph (G).
    ``(c) Compliance With Summons for Certain Computer Software
Executable Code.--Any taxpayer to whom is issued a summons for
commercially available computer software executable code used to
prepare such taxpayer's return or to account for the taxpayer's
transactions with others shall be deemed to have complied with such
summons by producing a read-only version of such code.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Software.--The term `software' includes computer
        software source code and computer software executable code.
            ``(2) Computer software source code.--The term `computer
        software source code' means--
                    ``(A) the code written by a programmer using a
                programming language which is comprehensible to
                appropriately trained persons, is not machine readable,
                and is not capable of directly being used to give
                instructions to a computer, and
                    ``(B) related programmers' notes, design documents,
                memoranda, and similar documentation, excluding
                customer communications and training materials.
            ``(3) Computer software executable code.--The term
        `computer software executable code' means--
                    ``(A) any object code, machine code, or other code
                readable by a computer when loaded into its memory and
                used directly by such computer to execute instructions,
                and
                    ``(B) any related user manuals.''.
    (b) Unauthorized Disclosure of Software.--Section 7213 of the
Internal Revenue Code of 1986 (relating to unauthorized disclosure of
information) is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following:
    ``(d) Disclosure of Software.--Any person who divulges or makes
known in any manner whatever not provided under section 7612 to any
other person software (as defined in section 7612(d)(1)) shall be
guilty of a felony and, upon conviction thereof, shall be fined not
more than $5,000, or imprisoned not more than 5 years, or both,
together with the costs of prosecution.''.
    (c) Conforming Amendment.--The table of sections for subchapter A
of chapter 78 of the Internal Revenue Code of 1986 is amended by
striking the item relating to section 7612 and by inserting the
following:

``Sec. 7612. Special procedures for summonses for computer software.
``Sec. 7613. Cross references.''.
    (d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.

Summary: Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions.

Software Trade Secrets Protection Act


SECTION 1. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX.

    (a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:

``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY
              INDIVIDUALS.

    ``(a) Exclusion From Gross Income.--Gross income does not include
the sum of the amounts received during the taxable year by an
individual as--
            ``(1) dividends from domestic corporations, or
            ``(2) interest.
    ``(b) Limitations.--
            ``(1) Maximum amount.--The aggregate amount excluded under
        subsection (a) for any taxable year shall not exceed $5,000
        ($10,000 in the case of a joint return).
            ``(2) Certain dividends excluded.--Subsection (a)(1) shall
        not apply to any dividend from a corporation which, for the
        taxable year of the corporation in which the distribution is
        made, or for the next preceding taxable year of the
        corporation, is a corporation exempt from tax under section 501
        (relating to certain charitable, etc., organization) or section
        521 (relating to farmers' cooperative associations).
    ``(c) Special Rules.--For purposes of this section--
            ``(1) Distributions from regulated investment companies and
        real estate investment trusts.--Subsection (a) shall apply with
        respect to distributions by--
                    ``(A) regulated investment companies to the extent
                provided in section 854(c), and
                    ``(B) real estate investment trusts to the extent
                provided in section 857(c).
            ``(2) Distributions by a trust.--For purposes of subsection
        (a), the amount of dividends and interest properly allocable to
        a beneficiary under section 652 or 662 shall be deemed to have
        been received by the beneficiary ratably on the same date that
        the dividends and interest were received by the estate or
        trust.
            ``(3) Certain nonresident aliens ineligible for
        exclusion.--In the case of a nonresident alien individual,
        subsection (a) shall apply only--
                    ``(A) in determining the tax imposed for the
                taxable year pursuant to section 871(b)(1) and only in
                respect of dividends and interest which are effectively
                connected with the conduct of a trade or business
                within the United States, or
                    ``(B) in determining the tax imposed for the
                taxable year pursuant to section 877(b).''
    (b) Clerical and Conforming Amendments.--
            (1) The table of sections for part III of subchapter B of
        chapter 1 of such Code is amended by inserting after the item
        relating to section 115 the following new item:

                              ``Sec. 116. Partial exclusion of
                                        dividends and interest received
                                        by individuals.''
            (2) Paragraph (2) of section 265(a) of such Code is amended
        by inserting before the period at the end thereof the
        following: ``, or to purchase or carry obligations or shares,
        or to make deposits, to the extent the interest thereon is
        excludable from gross income under section 116''.
            (3) Subsection (c) of section 584 of such Code is amended
        by adding at the end thereof the following new sentence:
``The proportionate share of each participant in the amount of
dividends or interest received by the common trust fund and to which
section 116 applies shall be considered for purposes of such section as
having been received by such participant.''
            (4) Subsection (a) of section 643 of such Code is amended
        by inserting after paragraph (6) the following new paragraph:
            ``(7) Dividends or interest.--There shall be included the
        amount of any dividends or interest excluded from gross income
        pursuant to section 116.''
            (5) Section 854 of such Code is amended by adding at the
        end thereof the following new subsection:
    ``(c) Treatment Under Section 116.--
            ``(1) In general.--For purposes of section 116, in the case
        of any dividend (other than a dividend described in subsection
        (a)) received from a regulated investment company which meets
        the requirements of section 852 for the taxable year in which
        it paid the dividend--
                    ``(A) the entire amount of such dividend shall be
                treated as a dividend if the aggregate dividends and
                interest received by such company during the taxable
                year equal or exceed 75 percent of its gross income, or
                    ``(B) if subparagraph (A) does not apply, a portion
                of such dividend shall be treated as a dividend (and a
                portion of such dividend shall be treated as interest)
                based on the portion of the company's gross income
                which consists of aggregate dividends or aggregate
                interest, as the case may be.
        For purposes of the preceding sentence, gross income and
        aggregate interest received shall each be reduced by so much of
        the deduction allowable by section 163 for the taxable year as
        does not exceed aggregate interest received for the taxable
        year.
            ``(2) Notice to shareholders.--The amount of any
        distribution by a regulated investment company which may be
        taken into account as a dividend for purposes of the exclusion
        under section 116 shall not exceed the amount so designated by
        the company in a written notice to its shareholders mailed not
        later than 45 days after the close of its taxable year.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) The term `gross income' does not include gain
                from the sale or other disposition of stock or
                securities.
                    ``(B) The term `aggregate dividends received'
                includes only dividends received from domestic
                corporations other than dividends described in section
                116(b)(2). In determining the amount of any dividend
                for purposes of this subparagraph, the rules provided
                in section 116(c)(1) (relating to certain
                distributions) shall apply.''
            (6) Subsection (c) of section 857 of such Code is amended
        to read as follows:
    ``(c) Limitations Applicable to Dividends Received From Real Estate
Investment Trusts.--
            ``(1) In general.--For purposes of section 116 (relating to
        an exclusion for dividends and interest received by
        individuals) and section 243 (relating to deductions for
        dividends received by corporations), a dividend received from a
        real estate investment trust which meets the requirements of
        this part shall not be considered as a dividend.
            ``(2) Treatment as interest.--In the case of a dividend
        (other than a capital gain dividend, as defined in subsection
        (b)(3)(C)) received from a real estate investment trust which
        meets the requirements of this part for the taxable year in
        which it paid the dividend--
                    ``(A) such dividend shall be treated as interest if
                the aggregate interest received by the real estate
                investment trust for the taxable year equals or exceeds
                75 percent of its gross income, or
                    ``(B) if subparagraph (A) does not apply, the
                portion of such dividend which bears the same ratio to
                the amount of such dividend as the aggregate interest
                received bears to gross income shall be treated as
                interest.
            ``(3) Adjustments to gross income and aggregate interest
        received.--For purposes of paragraph (2)--
                    ``(A) gross income does not include the net capital
                gain,
                    ``(B) gross income and aggregate interest received
                shall each be reduced by so much of the deduction
                allowable by section 163 for the taxable year (other
                than for interest on mortgages on real property owned
                by the real estate investment trust) as does not exceed
                aggregate interest received by the taxable year, and
                    ``(C) gross income shall be reduced by the sum of
                the taxes imposed by paragraphs (4), (5), and (6) of
                section 857(b).
            ``(4) Notice to shareholders.--The amount of any
        distribution by a real estate investment trust which may be
        taken into account as interest for purposes of the exclusion
        under section 116 shall not exceed the amount so designated by
        the trust in a written notice to its shareholders mailed not
        later than 45 days after the close of its taxable year.''
    (c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 31, 1992.

Summary: Amends the Internal Revenue Code to provide a partial exclusion of dividends or interest received by an individual.

To amend the Internal Revenue Code of 1986 to provide a partial exclusion of dividends and interest received by individuals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unemployment Compensation Amendments
of 1999''.

SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM.

    (a) Repeal of Certain State Law Requirements.--Section 202 of the
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended--
            (1) by striking paragraphs (3), (4), (5), (6), and (7) of
        subsection (a); and
            (2) by repealing subsection (c).
    (b) Establishment of Mandatory Triggers Based on Total
Unemployment.--
            (1) State `on' and `off' indicators.--Subsection (d) of
        section 203 of such Act is amended to read as follows:

                   ``State `On' and `Off' Indicators

    ``(d) For purposes of this section--
            ``(1) There is a State `on' indicator for a week if--
                    ``(A)(i) the average rate of total unemployment in
                such State (seasonally adjusted) for the period
                consisting of the most recent three months for which
                data for all States are published before the close of
                the week equals or exceeds 7.5 percent, and
                    ``(ii) the average rate of total unemployment in
                such State (seasonally adjusted) for the 3-month period
                referred to in clause (i) equals or exceeds 110 percent
                of such average for either (or both) of the
                corresponding 3-month periods ending in the two
                preceding calendar years; or
                    ``(B) the average rate of total unemployment for
                such State (seasonally adjusted) for the period
                consisting of the most recent 3 months for which data
                for all States are published before the close of the
                week equals or exceeds 10 percent.
            ``(2) There is a State `off' indicator for a week unless
        the requirements of subparagraph (A) or (B) of paragraph (1)
        are satisfied.''.
            (2) Determination of rates of total unemployment and
        insured unemployment.--Subsection (e) of section 203 of such
        Act is amended to read as follows:

``Determination of Rates of Total Unemployment and Insured Unemployment

    ``(e)(1) For purposes of this Act, determinations of the rate of
total unemployment in any State for any period (and of any seasonal
adjustments) shall be made by the Secretary.
    ``(2)(A) For purposes of subsection (f)(2), the rate of insured
unemployment for any thirteen-week period shall be determined by
reference to the average monthly covered employment under the State law
for the first four of the most recent six calendar quarters ending
before the close of such period.
    ``(B) For purposes of subsection (f)(2), the term `rate of insured
unemployment' means the percentage arrived at by dividing--
            ``(i) the average weekly number of individuals filing
        claims for regular compensation for weeks of unemployment with
        respect to the specified period, as determined on the basis of
        the reports made by the State agency to the Secretary, by
            ``(ii) the average monthly covered employment for the
        specified period.
    ``(C) Determinations under subsection (f)(2) shall be made by the
State agency in accordance with regulations prescribed by the
Secretary.''.
    (c) Requirements for Supplemental Benefits During High Unemployment
Periods.--
            (1) In general.--Subparagraph (B) of section 202(b)(3) of
        such Act is amended to read as follows:
    ``(B) For purposes of subparagraph (A), the term `high unemployment
period' means any period during which an extended benefit period would
be in effect if--
            ``(i)(I) section 203(d)(1)(A)(i) were applied by
        substituting `10 percent' for `7.5 percent'; and
            ``(II) section 203(d)(1)(B) were applied by substituting
        `12.5 percent' for `10 percent'; and
            ``(ii) section 203(f)(1)(A)(i) were applied by substituting
        `8 percent' for `6.5 percent'.''.
            (2) Technical amendment.--Subsection (b) of section 202 of
        such Act is amended by moving the text of paragraph (3)(A) of
        such subsection 2 ems to the left.
    (d) Amendments to Alternative Trigger.--Section 203(f) of such Act
is amended--
            (1) in paragraph (1), by striking ``Effective with respect
        to compensation for weeks of employment beginning after March
        6, 1993, the'' and inserting ``In lieu of applying the
        indicator specified in subsection (d)(1)(A), a'';
            (2) by amending paragraph (2) to read as follows:
    ``(2) A State may by law provide that, for the purpose of beginning
or ending any extended period under this section, in addition to the
indicators specified in subsection (d) and paragraph (1) of this
subsection--
            ``(A) there is a State `on' indicator for a week if the
        rate of insured unemployment under State law for the period
consisting of such week and the immediately preceding twelve weeks
equals or exceeds 6 percent; and
            ``(B) there is a State `off' indicator for a week if the
        requirement set forth in subparagraph (A) is not satisfied.
Notwithstanding the provision of any State law described in this
paragraph, any week for which there would otherwise be a State `on'
indicator shall continue to be such a week and shall not be determined
to be a week for which there is a State `off' indicator.''.

SEC. 3. SPECIAL DISTRIBUTIONS TO THE STATES.

    Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3))
is amended--
            (1) in subparagraph (A) by amending clauses (i) and (ii) to
        read as follows:
                            ``(i) be subject to subparagraphs (B) and
                        (C), to the extent such amounts are not in
                        excess of the sum of--
                                    ``(I) $20,000,000, plus
                                    ``(II) the amount determined by the
                                Secretary of Labor to be the difference
                                between the amount necessary for the
                                proper and efficient administration of
                                the unemployment compensation program
                                for the succeeding fiscal year (taking
                                into account workload and other
                                appropriate factors) and
                                $2,419,000,000, and
                            ``(ii) be subject to subparagraph (D), to
                        the extent such amounts are in excess of the
                        sum of subclauses (I) and (II) of clause
                        (i).'';
            (2) in subparagraph (B) by striking ``(A)(i)'' and
        inserting ``(A)(i)(II)'';
            (3) by redesignating subparagraphs (B) and (C) as
        subparagraphs (C) and (D), respectively; and
            (4) by inserting after subparagraph (A) the following new
        subparagraph:
    ``(B) The Secretary of Labor shall reserve the amount specified in
subparagraph (A)(i)(I) (at the close of fiscal years 1999, 2000, and
2001) to award grants to the States in fiscal years 2000, 2001, and
2002 to assist in the implementation of alternative base periods for
determining the eligibility of claimants. Such alternative base periods
shall reduce the period of time between the end of the base period for
a claimant and the filing of a claim for compensation. The amounts
reserved pursuant to this subparagraph shall be available to the
Secretary of Labor for obligation through fiscal year 2002.''.

SEC. 4. SOLVENCY REQUIREMENTS.

    Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is
amended by adding at the end the following new paragraph:
    ``(3)(A) If the Secretary of Labor finds that, as of December 31,
2001, a State has not achieved, or made acceptable progress toward
achieving, the solvency target established pursuant to subparagraph
(B), then, subject to the limitation described in subparagraph (C), the
amount available under this section for transfer to such State account
for the succeeding fiscal year shall, in lieu of being so transferred,
be transferred to the States meeting the requirements of this
subsection. The transfers shall be made to such States based on the
share of funds of each such State under subsection (a)(2), except that,
for purposes of this subparagraph, the ratio under subsection (a)(2)
shall be adjusted by excluding the wages attributable to the States
failing to meet the requirements of this subparagraph.
    ``(B)(i) For December 31, 2001, the solvency target shall be an
average high cost multiple of 1.0. For purposes of this subparagraph,
the average high cost multiple represents the number of years a State
could pay unemployment compensation (based on the reserve ratio of such
State) if the State paid such compensation at a rate equivalent to the
average benefit cost rate such State paid in the three calendar years
during the preceding 20 calendar years (or, if longer, during the
period consisting of the preceding three recessions as determined by
the National Bureau of Economic Research) that the benefit cost rates
were the highest. For purposes of making this determination--
            ``(I) the term `reserve ratio' means the ratio determined
        by dividing the balance in the State account at the end of the
        calendar year by the total covered wages in the State for such
        year;
            ``(II) the term `benefit cost rate' means the rate
        determined by dividing the unemployment compensation paid
        during a calendar year by the total covered wages in the State
        for such year; and
            ``(III) the ratio and rates determined under subclauses (I)
        and (II) shall exclude the wages and unemployment compensation
        paid by employers covered under section 3309 of the Internal
        Revenue Code of 1986.
    ``(ii) For December 31, 2001, acceptable progress towards achieving
the solvency target shall mean that a State has reduced any difference
between 1.0 and the average high cost multiple of such State (if such
multiple is less than 1.0) that the Secretary found to exist as of
December 31, 1998, by an amount equal to or exceeding 5 percent of such
difference.
    ``(iii) The Secretary may adjust the solvency target specified in
clause (i), or the criteria for determining whether there is acceptable
progress towards achieving the solvency target specified in clause
(ii), for States that experience significant increases in unemployment
during the period between December 31, 1998, and December 31, 2001. The
Secretary shall establish objective criteria for making such
adjustments.
    ``(iv) A State shall include, as part of the annual State plan
relating to the administration of grants under this title, such
information as the Secretary may request relating to the manner in
which the State intends to achieve the solvency target established
pursuant to this paragraph.
    ``(C) The requirements of subparagraph (A) shall apply to excess
(referred to in subsection (a)(1)) remaining in the employment security
account at the close of fiscal year 2002 that are equal to or less than
$2,900,000,000. Such requirements shall not apply to any such excess
amounts that are greater than $2,900,000,000.''.

SEC. 5. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.

    (a) General Rule.--Section 3306 of the Internal Revenue Code of
1986 (26 U.S.C. 3306) is amended by adding at the end the following new
subsection:
    ``(u) Short-Time Compensation Program.--For purposes of this
chapter, the term `short-time compensation program' means a program
under which--
            ``(1) the participation of an employer is voluntary;
            ``(2) an employer reduces the number of hours worked by
        employees in lieu of temporary layoffs;
            ``(3) such employees whose workweeks have been reduced by
        at least 10 percent are eligible for unemployment compensation;
            ``(4) the amount of unemployment compensation payable to
        any such employee is a pro rata portion of the unemployment
        compensation which would be payable to the employee if such
        employee were totally unemployed;
            ``(5) such employees are not required to meet the
        availability for work or work search test requirements while
        collecting short-time compensation benefits, but are required
        to be available for their normal workweek;
            ``(6) eligible employees may participate in an employer-
        sponsored training program to enhance job skills if such
        program has been approved by the State agency;
            ``(7) the State agency may require an employer to continue
        to provide health benefits, and retirement benefits under a
        defined benefit pension plan (as defined in section 414(j)) to
        any employee whose workweek is reduced pursuant to the program
        as though the workweek of such employee had not been reduced;
            ``(8) the State agency may require an employer (or an
        employers' association which is party to a collective
        bargaining agreement) to submit a written plan describing the
        manner in which the requirements of this subsection will be
        implemented and containing such other information as the
        Secretary of Labor determines is appropriate; and
            ``(9) the program meets such other requirements as the
        Secretary of Labor determines are appropriate.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (E) of section 3304(a)(4) of such Code (26
        U.S.C. 3304(a)(4)(E)) is amended to read as follows:
                    ``(E) amounts may be withdrawn for the payment of
                short-time compensation under a short-time compensation
                program (as defined under section 3306(u));''.
            (2) Paragraph (5) of section 3306(f) of such Code (26
        U.S.C. 3306(f)(5)) is amended to read as follows:
            ``(5) amounts may be withdrawn for the payment of short-
        time compensation under a short-time compensation program (as
        defined under subsection (u)); and''.
            (3) Section 303(a)(5) of the Social Security Act (42 U.S.C.
        503(a)(5)) is amended by striking ``the payment of short-time
        compensation under a plan approved by the Secretary of Labor''
        and inserting ``the payment of short-time compensation under a
        short-time compensation program (as defined in section 3306(u)
        of the Internal Revenue Code of 1986)''.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the
provisions of this Act shall take effect on the date of enactment of
this Act.
    (b) Extended Benefit Amendments.--
            (1) Except as provided in paragraph (2), the provisions of
        section 2 of this Act shall take effect for the weeks beginning
        on or after October 1, 2002.
            (2) Pursuant to the enactment of appropriate provisions of
        the State law, the provisions of section 2 may, with respect to
        such State, take effect for weeks which begin earlier than the
        weeks specified in paragraph (1), but not earlier than 60 days
        after the date of enactment of this Act.

Summary: Amends title IX of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Health Care Flexibility Act of
2011''.

SEC. 2. SEVERABILITY.

    If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of the provisions of this Act and the application of the
provision to any other person not similarly situated or to any other
circumstance shall not be affected.

SEC. 3. PERMITTING STATES TO OPT OUT OF CERTAIN PROVISIONS OF PPACA.

    (a) In General.--A qualifying State may elect to opt out of the
application of any or all of the provisions of the Patient Protection
and Affordable Care Act (Public Law 111-148) described in subsection
(b) with respect to health insurance coverage within such State.
    (b) Provisions Described.--For purposes of this Act:
            (1) In general.--A provision of the Patient Protection and
        Affordable Care Act described in this subsection is any section
        of such Act described in paragraph (2) or any grouping of
        provisions of such Act described in a subparagraph of paragraph
        (3).
            (2) Sections relating to phsa health insurance market
        reforms and immediate reforms.--A section described in this
        paragraph is any section of subtitles A through C of title I of
        the Patient Protection and Affordable Care Act (and the
        amendments made by such section), except for sections 1253 and
        1254.
            (3) Groupings of other ppaca provisions.--A grouping of
        provisions of the Patient Protection and Affordable Care Act is
        any of the following:
                    (A) All of the sections of parts I, II, III, and V
                of subtitle D of title I of such Act (and the
                amendments made by such sections).
                    (B) All of the sections of part I of subtitle E of
                title I of such Act (and the amendments made by such
                sections).
                    (C) All of the sections of subtitle F of title I of
                such Act (and the amendments made by such sections).
                    (D) Requirements imposed pursuant to section
                3021(c)(2) of the Public Health Service Act (42 U.S.C.
                300jj-51(c)(2)), as added by section 1561 of the
                Patient Protection and Affordable Care Act.
                    (E) All of the sections of subtitle A of title II
                of the Patient Protection and Affordable Care Act,
                except for section 2007, and all of the sections of
                subtitle C of such title (and the amendments made by
                such sections).
    (c) Qualifying State.--
            (1) Enactment of state law.--For purposes of this section,
        the term ``qualifying State'' means a State that--
                    (A) enacts a law after the date of enactment of
                this Act that--
                            (i) expresses the intent of the State to
                        opt out of any or all of the provisions of the
                        Patient Protection and Affordable Care Act
                        (Public Law 111-148) described in subsection
                        (b);
                            (ii) contains a list of each such
                        provision; and
                            (iii) expresses the intent of the State to
                        continue to administer health coverage-related
                        laws as in effect in the State on March 22,
                        2010, or that provides for the implementation
                        of related State laws enacted after such date;
                        and
                    (B) provides to the Secretary of Health and Human
                Services and the Secretary of the Treasury a
                notification that such State law was enacted.
            (2) Repeal.--If a qualifying State repeals a law described
        in paragraph (1), the provisions of the Patient Protection and
        Affordable Care Act listed in such law shall apply with respect
        to such State beginning on the date of such repeal.
    (d) Preserving Existing State Law Opt Outs.--Nothing in this Act
shall be construed as affecting any State law enacted before the date
of the enactment of this Act relating to the State opting out of the
application of any provision of the Patient Protection and Affordable
Care Act.
    (e) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human Services, in
consultation with the Secretary of the Treasury, shall promulgate
regulations to provide for the implementation of this Act.
    (f) Effective Date.--The provisions of this section shall be
effective and shall apply to a State as of the date of the enactment of
this Act, without regard to whether regulations described in subsection
(e) have been promulgated.

Summary: State Health Care Flexibility Act of 2011 - Authorizes a state to opt out of the application of certain provisions of the Patient Protection and Affordable Care Act (PPACA) with respect to health insurance coverage within the state by: (1) enacting a law that expresses the intent of the state to opt out of any or all of such provisions, lists such provisions, and expresses the intent of the state to continue to administer health care coverage-related laws as in effect in the state on March 22, 2010, or provides for the implementation of related state laws enacted after such date. And (2) notifying the Secretary of Health and Human Services (HHS) and the Secretary of the Treasury that such a state law was enacted. Includes among PPACA provisions that may be made inapplicable within a state provisions related to health coverage, essential health benefits, health insurance exchanges, alternative health plans established by states, individual and employer health coverage requirements, interoperable protocols for enrollment in federal and state health and human service programs, and expansion of Medicaid coverage.

To enable States to opt out of certain provisions of the Patient Protection and Affordable Care Act.