SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Americans Want to Work Act''.

SEC. 2. ADJUSTMENT TO FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

    Section 4002(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking
``subsection (d)(1) (third-tier emergency unemployment compensation)''
and inserting ``subsection (f)(1) (fifth-tier emergency unemployment
compensation)''.

SEC. 3. FIFTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 4002 of the Supplemental Appropriations
Act, 2008, as amended by section 2, is further amended--
            (1) by redesignating subsections (f) and (g) as subsections
        (h) and (i), respectively; and
            (2) by inserting after subsection (e) the following new
        subsection:
    ``(f) Fifth-Tier Emergency Unemployment Compensation.--
            ``(1) In general.--If, at the time that the amount added to
        an individual's account under subsection (d)(1) (third-tier
        emergency unemployment compensation) is exhausted or at any
        time thereafter, such individual's State is in an extended
        benefit period (as determined under paragraph (2)), such
        account shall be further augmented by an amount (hereinafter
        `fifth-tier emergency unemployment compensation') equal to the
        lesser of--
                    ``(A) 80 percent of the total amount of regular
                compensation (including dependents' allowances) payable
                to the individual during the individual's benefit year
                under the State law; or
                    ``(B) 20 times the individual's average weekly
                benefit amount (as determined under subsection (b)(2))
                for the benefit year.
            ``(2) Extended benefit period.--For purposes of paragraph
        (1), a State shall be considered to be in an extended benefit
        period, as of any given time, if--
                    ``(A) such a period would then be in effect for
                such State under section 203(d) of the Federal-State
                Extended Unemployment Compensation Act of 1970 (26
                U.S.C. 3304 note) if such section did not include the
                requirement under paragraph (1)(A) thereof; or
                    ``(B) such a period would then be in effect for
                such State under section 203(f) of such Act if--
                            ``(i) such section 203(f) were applied to
                        such State (regardless of whether the State by
                        law had provided for such application); and
                            ``(ii) such section 203(f)--
                                    ``(I) were applied by substituting
                                `7.5' for `6.5' in paragraph (1)(A)(i)
                                thereof; and
                                    ``(II) did not include the
                                requirement under paragraph (1)(A)(ii)
                                thereof.
            ``(3) Limitation.--The account of an individual may be
        augmented not more than once under this subsection.''.
    (b) Conforming Amendment to Non-Augmentation Rule.--Section
4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law
110-252; 26 U.S.C. 3304 note) is amended--
            (1) by striking ``and (e)'' and inserting ``, (e), and
        (f)''; and
            (2) by striking ``or (e)'' and inserting ``, (e), or (f)''.
    (c) Coordination.--Section 4002(g) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as
redesignated by subsection (a)(1), is amended by adding at the end the
following new paragraphs:
            ``(3) Further coordination with extended compensation.--
        Notwithstanding an election under section 4001(e) by a State to
        provide for the payment of emergency unemployment compensation
        prior to extended compensation, such State may pay extended
        compensation to an otherwise eligible individual prior to any
        emergency unemployment compensation under subsection (f) (by
        reason of the amendments made by section 3(a) of the Americans
        Want to Work Act), if such individual claimed extended
        compensation for at least 1 week of unemployment after the
        exhaustion of emergency unemployment compensation under this
        part (as this part was in effect on the day before the date of
        the enactment of this subsection).
            ``(4) Coordination with tiers iii, iv, and v.--If a State
        determines that implementation of the fifth-tier of emergency
        unemployment compensation by reason of the amendments made by
        sections 2 and 3 of the Americans Want to Work Act would unduly
        delay the prompt payment of emergency unemployment compensation
        under this title by reason of the amendments made by such Act,
        such State may elect to pay fourth-tier emergency unemployment
        compensation prior to the payment of fifth-tier emergency
        unemployment compensation until such time as such State
        determines that fifth-tier emergency unemployment compensation
        may be paid without undue delay. For purposes of determining
        whether an account may be augmented for fifth-tier emergency
        unemployment compensation under subsection (f), if a State
        makes the election described in the previous sentence, such
        State shall treat the date of exhaustion of fourth-tier
        emergency unemployment compensation as the date of exhaustion
        of third-tier emergency unemployment compensation if the date
        of exhaustion of fourth-tier emergency unemployment
        compensation is later than the date of exhaustion of third-tier
        emergency unemployment compensation.''.
    (d) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
        and
            (2) by inserting after subparagraph (F) the following new
        subparagraph:
                    ``(G) the amendments made by subsections (a), (b),
                and (c) of section 3 of the Americans Want to Work Act;
                and''.
    (e) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Supplemental
Appropriations Act, 2008, except that no amount shall be payable by
virtue of such amendments with respect to any week of unemployment
commencing before the date of the enactment of this Act.

SEC. 4. EXTENSION OF PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED
              WORKERS AND BUSINESS CREDIT FOR THE RETENTION OF CERTAIN
              NEWLY HIRED INDIVIDUALS.

    (a) Extension.--Section 3111(d) of the Internal Revenue Code of
1986 is amended--
            (1) by striking ``with respect to employment during the
        period beginning on the day after the date of the enactment of
        this subsection and ending on December 31, 2010,'' in paragraph
        (1) and inserting ``during the applicable period with respect
        to employment'',
            (2) by striking ``January 1, 2011'' in paragraph (3) and
        inserting ``January 1, 2012'',
            (3) by redesignating paragraph (5) as paragraph (6) and by
        inserting after paragraph (4) the following new paragraph:
            ``(5) Applicable period.--For purposes of paragraph (1),
        the applicable period is--
                    ``(A) with respect to any qualified individual who
                begins employment after February 3, 2010, the period
                beginning after March 18, 2010, and ending on December
                31, 2010, and
                    ``(B) with respect to any qualified individual who
                begins employment after August 4, 2010, the period
                beginning on the day after the date of the enactment of
                this paragraph and ending on December 31, 2011.'', and
            (4) by inserting ``and 2011'' after ``2010'' in the heading
        thereof.
    (b) Railroad Retirement Taxes.--Section 3221(c) of the Internal
Revenue Code of 1986 is amended--
            (1) by striking ``during the period beginning on the day
        after the date of the enactment of this subsection and ending
        on December 31, 2010'' in paragraph (1) and inserting ``during
        the applicable period'',
            (2) by striking ``January 1, 2011'' in paragraph (3) and
        inserting ``January 1, 2012'',
            (3) by redesignating paragraph (5) as paragraph (6) and by
        inserting after paragraph (4) the following new paragraph:
            ``(5) Applicable period.--For purposes of paragraph (1),
        the applicable period is--
                    ``(A) with respect to any qualified individual who
                begins employment after February 3, 2010, the period
                beginning after March 18, 2010, and ending on December
                31, 2010, and
                    ``(B) with respect to any qualified individual who
                begins employment after August 4, 2010, the period
                beginning on the day after the date of the enactment of
                this paragraph and ending on December 31, 2011.'', and
            (4) by inserting ``and 2011'' after ``2010'' in the heading
        thereof.
    (c) Transfers to Certain Funds.--Section 101 of the Hiring
Incentives to Restore Employment Act is amended--
            (1) by inserting ``and section 4(a) of the Americans Want
        to Work Act'' after ``subsection (a)'' in subsection (c), and
            (2) by inserting ``and section 4(b) of the Americans Want
        to Work Act'' after ``paragraph (1)'' in subsection (d)(2).
    (d) Conforming Amendment.--The heading of section 102 of the Hiring
Incentives to Restore Employment Act is amended by inserting ``and
2011'' after ``2010''.
    (e) Treatment of Temporary Census Workers.--Sections 3111(d)(3) and
3121(c)(3) of the Internal Revenue Code of 1986 are each amended by
adding at the end the following new flush sentence:
        ``For purposes of subparagraph (B), employment by the Bureau of
        the Census as a temporary enumerator for the 2010 decennial
        census shall not be taken into account.''.
    (f) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 101 of the
Hiring Incentives to Restore Employment Act.

SEC. 5. INCREASE OF BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY
              HIRED INDIVIDUALS.

    (a) In General.--Section 102 of the Hiring Incentives to Restore
Employment Act (Public Law 111-147) is amended by adding at the end the
following new subsection:
    ``(e) Increased Credit for Certain Long-Term Unemployed Workers.--
            ``(1) In general.--In the case of a qualified long-term
        unemployed worker, the credit otherwise determined under
        subsection (a) (without regard to this subsection) with respect
        to such qualified long-term unemployed worker shall be
        increased by $1,000.
            ``(2) Qualified long-term unemployed worker.--For purposes
        of this subsection, the term `qualified long-term unemployed
        worker' means any qualified individual (as defined in section
        3111(d)(3) or section 3221(c)(3) of the Internal Revenue Code
        of 1986)--
                    ``(A) who is a retained worker,
                    ``(B) who certifies by signed affidavit, under
                penalties of perjury, that--
                            ``(i) such individual has not been employed
                        during the 693-day period ending on the date
                        such individual begins the employment with
                        respect to which the individual is a qualified
                        individual, or
                            ``(ii) such individual has exhausted all
                        unemployment insurance benefits under Federal
                        or State law, if such benefits are exhausted in
                        a period of less than 693 days, and
                    ``(C) who begins employment with a qualified
                employer (as defined in section 3111(d)(2) or section
                3221(c)(2) of the Internal Revenue Code of 1986) after
                the date of the enactment of this subsection and before
                January 1, 2012.''.
    (b) Effective Date.--The amendment made by this section shall apply
to individuals beginning employment after the date of the enactment of
this Act, in taxable years ending after such date.

Summary: Americans Want to Work Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-5 period for deposits to an individual's EUCA if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for making such Tier-5 credits. Increases the figures in the basic EUC formula : (1) from 50 to 80 of the total amount of regular compensation payable to the individual during the benefit year. And (2) from 13 to 20 times the individual's average weekly benefit amount for the benefit year. Prescribes a formula for determining if a state is in an extended benefit period. Allows the Tier-5 period augmentation to be applied to the individual's EUCA only once. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Authorizes a state to elect to pay Tier-4 EUC before payment of Tier-5 EUC until the state determines that such Tier-5 EUC may be paid without undue delay. Amends the Internal Revenue Code to extend through December 31, 2011, the exemption of an employer from payment of employment taxes or railroad retirement taxes for individuals who begin employment after August 4, 2010. Excludes from account for Federal Insurance Contributions Act (FICA) tax purposes any employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census. Amends the Hiring Incentives to Restore Employment Act to allow an increase in the general business tax credit for the retention of a qualified long-term unemployed worker who: (1) is a retained worker. (2) certifies by signed affidavit that he or she has not been employed during a specified 693-day period or has exhausted all unemployment insurance benefits under federal or state law in less than 693 days. And (3) begins employment with a qualified employer after the enactment of this Act and before January 1, 2012.

A bill to extend unemployment insurance benefits and cut taxes for businesses to create hiring incentives, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building Security Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) The terrorist attacks of September 11, 2001, resulted
        in unprecedented death and destruction, and 2 of the worst
        building disasters in human history;
            (2) the war on terror is ongoing, and threats to American
        targets, such as large buildings in the United States, are
        substantial;
            (3) there are approximately 500 skyscrapers in the United
        States that are regularly occupied by at least 5000 people, in
        addition to millions of smaller buildings that see high levels
        of traffic;
            (4) most buildings have not been built to the standard
        needed to meet extreme threats, necessitating technological
        improvements in every aspect of construction, including
        structural elements, fireproofing, and facade integrity;
            (5) to advance homeland security, the Federal Government is
        obligated to ensure that building and construction standards
        are as high as practicable, and that building owners have the
        resources needed to meet these standards;
            (6) the Federal Government, in its efforts to protect the
        American people, is responsible for promoting research and
        development by the public and private sectors that will provide
        the technical basis for improved building and fire codes,
        standards, practices, and materials;
            (7) the National Institute of Standards and Technology is
        in a unique position to work with the appropriate standards-
        developing organizations to help the United States respond to
        these new challenges, due to--
                    (A) the building and fire expertise in its
                laboratories and quality program;
                    (B) its long history of working cooperatively with
                the construction and standards industries;
                    (C) its strong influence on national standards; and
                    (D) its involvement in the assessment of the World
                Trade Center collapse;
            (8) efforts to pursue innovation and provide practical
        guidance and tools to building owners, designers, and
        contractors are necessary to ensure that new materials and
        practices are widely accepted and used;
            (9) it is in the national interest for the National
        Institute of Standards and Technology to--
                    (A) accelerate its efforts in helping industry
                develop the higher building and construction standards
                that are necessary to heighten the safety of all
                Americans; and
                    (B) identify the most effective ways to ensure that
                these new standards are implemented in both existing
                and new structures;
            (10) as of January 2003, 2,000,000 private security
        officers throughout the Nation are responsible for ensuring the
        security of building occupants and must be able to effectively
        respond to evacuations, crime, terrorist threats, emergencies,
        and accidents;
            (11) many of these private security officers are not
        adequately prepared to best assist uniformed services, building
        tenants, workers, and the public in the event of a natural
        disaster or terrorism;
            (12) the job turnover rate within the private security
        industry is as high as 300 percent per year;
            (13) a recent study found that more than \1/2\ of the
        States are--
                    (A) failing to set standards for the training and
                screening of private security officers; and
                    (B) not providing adequate oversight of the private
                security industry;
            (14) without proper guidelines and standards, the private
        security industry cannot adequately provide the security
        necessary in the current global environment;
            (15) the Federal Government, in its efforts to protect the
        American people, is responsible for enabling a proper review of
        the private security industry and developing a means of
        ensuring the industry's improvement; and
            (16) it is in the national interest for the Department of
        Homeland Security to create a private security review task
        force, comprised of industry, union, government, and law
        enforcement leaders, to help establish strong guidelines and
        incentives for States, and to provide the needed structure for
        training and workforce stability.

SEC. 3. HOMELAND SECURITY BUILDING AND FIRE RESEARCH AND DEVELOPMENT
              PROGRAM.

    (a) Establishment.--
            (1) In general.--The Director of the National Institute of
        Standards and Technology (referred to in this section as the
        ``Director'') shall establish a research and development
        program to--
                    (A) provide the measurements and analysis for
                improved building and fire codes, standards, and
                practices; and
                    (B) generate findings and recommendations that can
                be used to develop improved building and fire codes,
                and higher construction standards in the United States.
            (2) Consultation.--In carrying out this section, the
        Director shall--
                    (A) consult, as appropriate, with the various units
                of the National Institute of Standards and Technology
                (referred to in this section as the ``Institute''),
                including the Building and Fire Research Laboratory;
                    (B) build upon ongoing efforts of the Institute and
                of the private sector; and
                    (C) involve consortia that include government and
                industry.
    (b) Research Activities.--
            (1) Scientific research.--The Director shall work with
        industry, trade associations, professional societies, and
        others to conduct experimentation, analysis, testing,
        verification, and demonstration of improved tools and practices
        that identify--
                    (A) improved construction methods and materials
                relevant to structural fire safety;
                    (B) mitigation of progressive collapse;
                    (C) building and ventilation vulnerability
                reduction tools;
                    (D) equipment standards for first responders; and
                    (E) other ways to reduce the impact of extreme
                threats to the safety of buildings, their occupants,
                and emergency responders.
            (2) Policy research.--The Director shall work with
        industry, trade associations, professional societies, and
        others to complete a study of the best methods to ensure full
        implementation and encourage full compliance with the standards
        developed in paragraph (1), including--
                    (A) tax incentives;
                    (B) grants to States that adopt those standards;
                and
                    (C) other appropriate means.
    (c) Dissemination and Technical Assistance Program.--The Director
shall oversee a dissemination and technical assistance program
(referred to in this section as the ``DTAP'') to assist with the
immediate dissemination and implementation of the practices, standards,
and codes developed by the Institute under subsection (b)(1).
    (d) Publication of Studies.--The Director shall ensure that the
results and recommendations of the Institute under subsection (b) are
promptly published for use by the public and private sectors.
    (e) Reports.--
            (1) Initial report.--Not later than 60 days after the date
        of enactment of this Act, the Director shall submit, to the
        Committee on Commerce, Science, and Transportation of the
        Senate and the Committee on Science of the House of
        Representatives, a report detailing the Institute's proposed
        schedule of studies and results, with anticipated dates of
        implementation.
            (2) Annual progress reports.--Not later than 1 year after
        the date of enactment of this Act, and annually thereafter, the
        Director shall submit a progress report to the committees
        described under paragraph (1), which summarizes the Institute's
        activities and determinations under subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, the following sums:
            (1) $13,000,000 for fiscal year 2004.
            (2) $9,000,000 for fiscal year 2005.
            (3) $9,000,000 for fiscal year 2006.
            (4) $9,000,000 for fiscal year 2007.

SEC. 4. PRIVATE SECURITY INDUSTRY TASK FORCE.

    (a) Establishment.--The Secretary of the Department of Homeland
Security (referred to in this section as the ``Secretary'') shall
establish a Private Security Industry Task Force (referred to in this
section as the ``Task Force'') to--
            (1) examine the limitations in training, screening,
        standard-setting, retention, and oversight practice in the
        private security industry;
            (2) develop structural guidelines and standards of quality
        for the private security industry; and
            (3) determine the best way to help States to implement such
        standards and guidelines in a timely and efficient manner.
    (b) Membership.--The Task Force shall be composed of 25 members,
including members representing--
            (1) private security employers;
            (2) private security employees;
            (3) the private insurance industry;
            (4) the risk consulting industry;
            (5) institutional investors;
            (6) public safety and emergency management professionals;
            (7) building owners and managers;
            (8) commercial building tenants;
            (9) trainers of private security officers;
            (10) police officers;
            (11) firefighters;
            (12) the Office of Employment and Training Administration
        of the Department of Labor;
            (13) the Office of Justice Programs of the Department of
        Justice;
            (14) the Department of Homeland Security; and
            (15) State agencies involved in homeland security from
        different regions of the United States.
    (c) Chair.--
            (1) Appointment.--The Secretary shall appoint a Chair for
        the Task Force from within the Department of Homeland Security.
            (2) Responsibilities.--The Chair shall oversee all meetings
        of, and communications from, the Task Force.
    (d) Authorized Activities.--In carrying out the provisions of this
Act, the Chair and other members of the Task Force may conduct research
and coordinate and consult with industry, trade associations,
professional societies, and institutions of higher learning, and other
appropriate organizations to--
            (1) examine the limitations in training, screening,
        standard-setting, retention, and oversight practice in the
        private security industry;
            (2) develop structural guidelines and standards of quality
        for the private security industry; and
            (3) determine the best way to help States to implement such
        standards and guidelines in a timely and efficient manner.
    (e) Semi-Annual Reports.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter, the Chair shall
submit a report on the Task Force's activities and determinations under
subsection (c)(2) to--
            (1) the Committee on Health, Education, Labor, and Pensions
        of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Education and the Workforce of the
        House of Representatives; and
            (4) the Committee on the Judiciary of the House of
        Representatives.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for each of the fiscal years 2004 and 2005 to
carry out this section.

Summary: Building Security Act of 2003 - Requires the Director of the National Institute of Standards and Technology to establish a research and development program to provide for improved building and fire codes, standards, and practices. Requires the Director to: (1) work with industry, trade associations, and professional societies to research construction, material, and equipment standards and practices to reduce the impact of extreme threats to the safety of buildings, their occupants, and emergency responders and to study the best methods for ensuring full implementation of and compliance with such standards and practices. And (2) oversee a program for dissemination and implementation of such practices and standards. Directs the Secretary of Homeland Security to establish a Private Security Industry Task Force to: (1) examine the limitations in training, screening, standard-setting, retention, and oversight practice in the private security industry. And (2) develop structural guidelines and standards of quality for the industry and determine the best way to help States implement them.

A bill to authorize the National Institute of Standards and Technology to develop improvements in building and fire codes, standards, and practices to reduce the impact of terrorist and other extreme threats to the safety of buildings, their occupants, and emergency responders, and to authorize the Department of Homeland Security to form a task force to recommend ways to strengthen standards in the private security industry, stabilize the workforce, and create a safer environment for commercial building and industrial facility occupants.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Market Based Manufacturing
Incentives Act of 2011''.

SEC. 2. CREDIT FOR RETAIL PURCHASE OF CERTAIN DOMESTIC PRODUCTS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 30E. DOMESTIC MANUFACTURING CONSUMER CREDIT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for any taxable year an amount
equal to the applicable percentage of the aggregate amount paid or
incurred by the taxpayer for specified products during any portion such
taxable year which is part of the eligible period.
    ``(b) Applicable Percentage; Eligible Period.--For purposes of this
section--
            ``(1) Applicable percentage.--The term `applicable
        percentage' means, with respect to any specified product, the
        percentage (not less than 5 percent nor more than 20 percent)
        determined by the Commission under subsection (e)(4) with
        respect to such product.
            ``(2) Eligible period.--The term `eligible period' means,
        with respect to any specified product, the period (not less
        than 5 years nor more than 10 years) determined by the
        Commission under subsection (e)(5) with respect to such
        product.
            ``(3) Separate application to each specified product.--
        Subsection (a) shall be applied separately with respect to each
        of the specified products designated under subsection (e).
    ``(c) Specified Product.--For purposes of this section--
            ``(1) In general.--The term `specified product' means any
        designated domestic product--
                    ``(A) the original use of which commences with the
                taxpayer, and
                    ``(B) which is acquired by the taxpayer for use or
                lease, but not for resale.
            ``(2) Designated domestic product.--The term `designated
        domestic product' means any designated product which has been
        certified by the Secretary as--
                    ``(A) having been assembled in the United States,
                and
                    ``(B) consisting at least 60 percent of components
                assembled or otherwise arising in the United States.
            ``(3) Designated product.--The term `designated product'
        means the 10 products designated by the Secretary, in
        consultation with the Commission, under subsection (e).
    ``(d) Application With Other Credits.--
            ``(1) Business credit treated as part of general business
        credit.--So much of the credit which would be allowed under
        subsection (a) for any taxable year (determined without regard
        to this subsection) that is attributable to property used by
        the taxpayer in the conduct of a trade or business shall be
        treated as a credit listed in section 38(b) for such taxable
        year (and not allowed under subsection (a)).
            ``(2) Personal credit.--For purposes of this title, the
        credit allowed under subsection (a) for any taxable year
        (determined after application of paragraph (1)) shall be
        treated as a credit allowable under subpart A for such taxable
        year.
    ``(e) Selection of Designated Products.--
            ``(1) In general.--The Secretary, in consultation with the
        Commission, shall designate 10 products for purposes of this
        section.
            ``(2) Eligible products.--A product shall not be eligible
        for designation under this section unless--
                    ``(A) such product represents a technological
                innovation, and
                    ``(B) the designation of such product has the
                potential to produce substantial long-term job
                opportunities in the United States.
            ``(3) Criteria for designation.--In making designations of
        products under this subsection, the Secretary shall take into
        consideration--
                    ``(A) the number of jobs in the United States that
                the Secretary estimates will result (directly and
                indirectly) from the designation of such product, and
                    ``(B) the speed with which such jobs are likely to
                be created.
            ``(4) Determination of credit percentage.--The Secretary,
        in consultation with the Commission, shall determine the
        applicable percentage which applies for purposes of subsection
        (a) with respect to each product designated under this
        subsection. Such percentage shall not be less than 5 percent
        and shall not be more than 20 percent. Such percentage shall be
        determined on the basis of the incentive needed with respect to
        each such product taking into account the market factors with
        respect to such product.
            ``(5) Determination of period during which credit
        allowed.--The Secretary, in consultation with the Commission,
        shall determine the eligible period which applies for purposes
        of subsection (a) with respect to each product designated under
        this subsection. Such period shall not be less than 5 years and
        shall not be more than 10 years. Such period shall be
        determined on the basis of the incentive needed with respect to
        each such product taking into account the market factors with
        respect to such product.
    ``(f) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Commission.--The term `Commission' means the 21st
        Century American Manufacturing Commission established under
        section 3 of the Market Based Manufacturing Incentives Act of
        2011.
            ``(2) Reduction in basis.--For purposes of this subtitle,
        the basis of any property for which a credit is allowable under
        subsection (a) shall be reduced by the amount of such credit so
        allowed (determined without regard to subsection (d)).
            ``(3) No double benefit.--The amount of any deduction or
        other credit allowable under this chapter with respect to any
        property shall be reduced by the amount of the credit allowed
        under subsection (a) for such property (determined without
        regard to subsection (d)).
            ``(4) Property used by tax-exempt entity.--In the case of
        property whose use is described in paragraph (3) or (4) of
        section 50(b) and which is not subject to a lease, the person
        who sold such property to the person or entity using such
        property shall be treated as the taxpayer that placed such
        vehicle in service, but only if such person clearly discloses
        to such person or entity in a document the amount of any credit
        allowable under subsection (a) with respect to such property
        (determined without regard to subsection (d)). For purposes of
        subsection (d), property to which this paragraph applies shall
        be treated as property used by the taxpayer in the conduct of a
        trade or business.
            ``(5) Property used outside united states, etc., not
        qualified.--No credit shall be allowable under subsection (a)
        with respect to any property referred to in section 50(b)(1).
            ``(6) Recapture.--The Secretary shall, by regulations,
        provide for recapturing the benefit of any credit allowable
        under subsection (a) with respect to any property which ceases
        to be property eligible for such credit (including recapture in
        the case of a lease period of less than the economic life of
        the property).
            ``(7) Election to not take credit.--No credit shall be
        allowed under subsection (a) for any vehicle if the taxpayer
        elects to not have this section apply to such property.
    ``(g) Termination.--This section shall not apply to property
acquired after the date which is 10 years after the date of the
enactment of this section.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking
        ``plus'' at the end of paragraph (35), by striking the period
        at the end of paragraph (36) and inserting ``, plus'', and by
        adding at the end the following new paragraph:
            ``(37) the portion of the domestic manufacturing consumer
        credit to which section 30E(d)(1) applies.''.
            (2) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (36), by striking the period at
        the end of paragraph (37) and inserting ``, and'', and by
        adding at the end the following new paragraph:
            ``(38) to the extent provided in section 30E(f)(2).''.
            (3) Section 6501(m) of such Code is amended by inserting
        ``30E(f)(7),'' after ``30D(e)(4),''.
            (4) The table of sections for subpart B of part IV of
        subchapter A of chapter 1 of such Code is amended by adding at
        the end the following new item:

``Sec. 30E. Domestic manufacturing consumer credit.''.
    (c) GAO Report.--The Government Accountability Office shall, during
the 3d, 5th, and 7th years after the effective date of the domestic
manufacturing consumer credit (described in subsection (d)), report to
Congress on the economic effects of such credit. Such report shall
include the aggregate value of the domestic manufacturing consumer
credits determined with respect to taxpayers under section 30E of the
Internal Revenue Code of 1986 and an estimate of the economic activity
stimulated by such credits.
    (d) Effective Date.--The amendments made by this section shall
apply to property acquired after the date which is 1 year after the
date on which the 21st Century American Manufacturing Commission makes
its recommendations to the Secretary of the Treasury under section 3(b)
of this Act.

SEC. 3. ESTABLISHMENT OF 21ST CENTURY AMERICAN MANUFACTURING
              COMMISSION.

    (a) In General.--There is established a commission to be known as
the 21st Century American Manufacturing Commission.
    (b) Duties.--The Commission shall conduct research regarding
appropriate products to make eligible for the tax credit provided by
section 30E of the Internal Revenue Code of 1986 and shall make
recommendations to the Secretary of the Treasury regarding which
products should be designated for purposes of such section and the
applicable percentage and eligible period which should be determined
with respect to each such product. The commission shall make such
recommendations to the Secretary of the Treasury not later than 6
months after the date of the enactment of this Act.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 10
        members who shall be appointed by the Secretary of the Treasury
        or his designee not later than 30 days after the enactment of
        this Act.
            (2) Political affiliation.--Not more than 5 members may be
        of the same political party.
            (3) Terms.--Each member shall be appointed for the life of
        the Commission.
            (4) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
            (5) Pay of members.--
                    (A) In general.--Members shall each be entitled to
                receive the daily equivalent of the maximum annual rate
                of basic pay for grade GS-11 of the General Schedule
                for each day (including travel time) during which they
                are engaged in the actual performance of duties vested
                in the Commission.
                    (B) Travel expenses.--Each member shall receive
                travel expenses, including per diem in lieu of
                subsistence, in accordance with applicable provisions
                under subchapter I of chapter 57 of title 5, United
                States Code.
            (6) Prevention of conflict of interest.--
                    (A) Agreement.--The Secretary of the Treasury shall
                not appoint any individual to be a member of the
                Commission unless such individual has first sign an
                agreement with the Secretary to prevent conflicts of
                interest. Such agreement shall include a requirement
                that the individual comply with the provisions of
                subparagraph (B) and shall include such penalties for
                failure to so comply as the Secretary determines
                appropriate.
                    (B) Requirements.--A member of the Commission shall
                not, during the 5-year period beginning on the
                effective date of the domestic manufacturing consumer
                credit (described in section 2(d)), hold, directly or
                indirectly, any interest in any person associated with
                any designated product, any component of any designated
                product, or any equipment to manufacture any such
                product or component. An interest held in any fund held
                by such member shall be taken into account under the
                preceding sentence unless such fund is a broad-based
                index fund. Any interest held by such member prior to
                the beginning of such 5-year period which is not
                (consistent with the requirements of this subparagraph)
                permitted to be held during such period, shall be
                disposed of prior to such period.
    (d) Chairperson.--The Chairperson of the Commission shall be
designated by the Secretary of the Treasury (or his designee) at the
time of appointment.
    (e) Staff.--Any staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates.
    (f) Termination.--
            (1) In general.--Except as provided in paragraph (2), the
        Commission shall terminate 30 days after making recommendations
        to the Secretary of the Treasury described in subsection (b).
            (2) Extension.--At the request of the Secretary of the
        Treasury or his designee, the Commission shall continue in
        existence for such period at the Secretary may request but not
        later than 1 year after making such recommendations.

Summary: Market Based Manufacturing Incentives Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for the purchase of new products certified as assembled in the United States and consisting of at least 60 of components assembled or otherwise arising in the United States. Establishes the 21st Century American Manufacturing Commission to conduct research to designate products eligible for the tax credit allowed by this Act.

To amend the Internal Revenue Code of 1986 to provide market-based manufacturing incentives, and for other purposes.


SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.

    (a) Requirements for Use of Labels.--No product may bear a label
which states or suggests that the product was made in America unless--
            (1) the product has been registered with the Department of
        Commerce under subsection (b); and
            (2) the Secretary of Commerce has determined that--
                    (A) not less than 60 percent of the product was
                manufactured in the United States; and
                    (B) final assembly of the product took place in the
                United States.
    (b) Registry of American-Made Products.--Not later than 12 months
after the Secretary has promulgated regulations regarding the
registration of products with the Department of Commerce under this
section, a person shall register with the Department of Commerce any
product on which there is or will be affixed a label which states or
suggests that the product was made in America.
    (c) Penalties for Fraudulent Use of Labels.--
            (1) Civil fine.--Any person who, with an intent to defraud
        or mislead, places on a product a label which states or
        suggests that the product was ``made in America'' in violation
        of this section may be assessed a civil penalty by the
        Secretary of not more than $100,000. The Secretary may issue an
        order assessing such civil penalty only after notice and an
        opportunity for an agency hearing on the record. The validity
        of such order may not be reviewed in an action to collect such
        civil penalty.
            (2) Injunctive relief.--The Secretary may bring an action
        to enjoin the violation of, or to compel compliance with, this
        section, whenever the Secretary believes that such a violation
        has occurred or is about to occur.
    (d) Regulations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations
establishing procedures under which a person shall register a product
under this section.
    (e) Definitions.--For purposes of this section:
            (1) Label.--The term ``label'' means any written, printed,
        or graphic matter on, or attached to, a product or any of its
        containers or wrappers.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.

SEC. 2. ADDITIONAL INFORMATION TO CONSUMERS REGARDING FOREIGN CONTENT
              OF IMPORTED ARTICLES.

    (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C.
1304) is amended as follows:
            (1) Subsections (f), (g), and (h) are redesignated as
        subsections (g), (h), and (i), respectively.
            (2) The following new subsection is inserted after
        subsection (e):
    ``(f) Additional Foreign Content Marking.--If an article of foreign
origin is required to be marked under subsection (a), or its container
is required to be marked under subsection (b), and such article is
assembled, in whole or part, from parts that are the product of one or
more foreign countries that are not the country of origin for purposes
of subsection (a) or (b), the article or container shall be marked in
such manner as to indicate, or shall be accompanied by such written,
printed, or graphic matter that indicates, in English to the ultimate
purchaser in the United States the proportion of the customs value of
such article that is accounted for by the parts from each such foreign
country.''.
            (3) Subsection (g) (as redesignated by paragraph (1)) is
        amended by striking out ``section,'' and inserting ``section
        (including the requirements relating to parts valuation under
        subsection (f)),''.
            (4) Subsection (h) (as redesignated by paragraph (1)) is
        amended by striking out ``subsection (f)'' and inserting
        ``subsection (g)''.
    (b) Effective Date.--The amendments made by subsection (a) apply
with respect to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the enactment
of this Act.

SEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN PARTS.

    (a) Requirements for Use of Labels.--Any product which is
manufactured in the United States and which is assembled, in whole or
in part, from any part that is the product of a foreign country shall,
in its labeling for the ultimate purchaser in the United States--
            (1) disclose the country of origin of such part, and
            (2) state the proportion of the cost of such product which
        is accounted for by such part.
    (b) Penalties for Violations of Subsection (a).--
            (1) Civil fine.--Any person who, with an intent to defraud
        or mislead, fails to label a product in accordance with
        subsection (a) may be assessed a civil penalty by the Secretary
        of not more than $100,000. The Secretary may issue an order
        assessing such civil penalty only after notice and an
        opportunity for an agency hearing on the record. The validity
        of such order may not be reviewed in an action to collect such
        civil penalty.
            (2) Injunctive relief.--The Secretary may bring an action
        to enjoin the violation of, or to compel compliance with,
        subsection (a), whenever the Secretary believes that such a
        violation has occurred or is about to occur.
    (c) Regulations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall promulgate regulations
respecting labeling of products under subsection (a).
    (d) Definitions.--For purposes of this section, the term
``Secretary'' means the Secretary of Commerce.

Summary: Prohibits a label on a product stating that the product was made in America unless: (1) the product is registered with the Department of Commerce as required by this Act. (2) at least 60 percent of the product was manufactured in the United States. And (3) final assembly took place in this country. Amends the Tariff Act of 1930 to require products to provide additional information to consumers regarding the foreign content of imported articles. Requires any product manufactured in this country and which is assembled with a part from a foreign country to state on its label: (1) the country of origin of such part. And (2) the proportion of the cost of such product which is accounted for by such part. Sets forth penalties for violating provisions of this Act.

To eliminate deception in product labelling or marking with regard to the country of origin of merchandise and merchandise parts.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Credit Card Transparency Act
of 2009''.

SEC. 2. COLLEGE CREDIT CARD AGREEMENTS.

    (a) In General.--Section 127 of the Truth in Lending Act is amended
by adding at the end the following new subsection:
    ``(i) College Card Agreements.--
            ``(1) Definitions.--For purposes of this subsection, the
        following definitions shall apply:
                    ``(A) College affinity card.--The term `college
                affinity card' means a credit card issued by a credit
                card issuer under an open end consumer credit plan in
                conjunction with an agreement between the issuer and an
                institution of higher education, or an alumni
                organization or foundation affiliated with or related
                to such institution, under which such cards are issued
                to college students who have an affinity with such
                institution, organization and--
                            ``(i) the creditor has agreed to donate a
                        portion of the proceeds of the credit card to
                        the institution, organization, or foundation
                        (including a lump sum or 1-time payment of
                        money for access);
                            ``(ii) the creditor has agreed to offer
                        discounted terms to the consumer; or
                            ``(iii) the credit card bears the name,
                        emblem, mascot, or logo of such institution,
                        organization, or foundation, or other words,
                        pictures, or symbols readily identified with
                        such institution, organization, or foundation.
                    ``(B) College student credit card account.--The
                term `college student credit card account' means a
                credit card account under an open end consumer credit
                plan established or maintained for or on behalf of any
                college student.
                    ``(C) College student.--The term `college student'
                means an individual who is a full-time or a part-time
                student attending an institution of higher education.
                    ``(D) Institution of higher education.--The term
                `institution of higher education' has the same meaning
                as in section 101 and 102 of the Higher Education Act
                of 1965 (20 U.S.C. 1002).
            ``(2) Reports by creditors.--
                    ``(A) In general.--Each creditor shall submit an
                annual report to the Board containing the terms and
                conditions of all business, marketing, and promotional
                agreements and college affinity card agreements with an
                institution of higher education, or an alumni
                organization or foundation affiliated with or related
                to such institution, with respect to any college
                student credit card issued to a college student at such
                institution.
                    ``(B) Details of report.--The information required
                to be reported under subparagraph (A) includes--
                            ``(i) any memorandum of understanding
                        between or among a creditor, an institution of
                        higher education, an alumni association, or
                        foundation that directly or indirectly relates
                        to any aspect of any agreement referred to in
                        such subparagraph or controls or directs any
                        obligations or distribution of benefits between
                        or among any such entities;
                            ``(ii) the amount of payments from the
                        creditor to the institution, organization, or
                        foundation during the period covered by the
                        report, and the precise terms of any agreement
                        under which such amounts are determined; and
                            ``(iii) the number of credit card accounts
                        covered by any such agreement that were opened
                        during the period covered by the report and the
                        total number of credit card accounts covered by
                        the agreement that were outstanding at the end
                        of such period.
                    ``(C) Aggregation by institution.--The information
                reported under subparagraph (A) shall be aggregated
                with respect to each institution of higher education or
                alumni organization or foundation affiliated with or
                related to such institution.
            ``(3) Reports by board.--The Board shall submit to the
        Congress, and make available to the public, an annual report
        that lists the information concerning credit card agreements
        submitted to the Board under paragraph (2) by each institution
        of higher education, alumni organization, or foundation.''.
    (b) Study and Report by the Comptroller General.--
            (1) Study.--The Comptroller General of the United States
        shall from time to time review the reports submitted by
        creditors and the marketing practices of creditors to determine
        the impact that college affinity card agreements and college
        student card agreements have on credit card debt.
            (2) Report.--Upon completion of any study under paragraph
        (1), the Comptroller General shall periodically submit a report
        to the Congress on the findings and conclusions of the study,
        together with such recommendations for administrative or
        legislative action as the Comptroller General determines to be
        appropriate.
    (c) Effective Date for Initial Creditor Reports.--The initial
reports required under paragraph (2)(A) of the amendment made by
subsection (a) shall be submitted to the Board of Governors of the
Federal Reserve System before the end of the 90-day period beginning on
the date of the enactment of this Act.

Summary: Student Credit Card Transparency Act of 2009 - Amends the Truth in Lending Act to require creditors to report annually to the Federal Reserve Board on the terms and conditions of all business, marketing, and promotional agreements and college affinity card agreements with institutions of higher education, or related alumni organizations or foundations, with respect to college student credit cards issued to students at such schools. Directs the Comptroller General to review such reports and creditor marketing practices periodically and report to Congress on the affect college affinity card agreements and college student credit card agreements have on credit card debt.

To amend the Truth in Lending Act to require creditors to report the terms and conditions of all business, marketing, promotional agreements and college affinity card agreements with institutions of higher education and alumni organizations, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education Department Civil Rights
Transparency Act''.

SEC. 2. REPORT BY THE SECRETARY OF EDUCATION.

    Section 203(b) of the Department of Education Organization Act (20
U.S.C. 3413(b)) is amended by adding at the end the following:
            ``(3) In addition to the requirements under paragraph (1),
        the report required under such paragraph shall include the
        following:
                    ``(A) A list of each of the following:
                            ``(i) Each educational institution against
                        which the Department has received, in the
                        preceding year, 1 complaint alleging that the
                        institution has violated a Federal civil rights
                        law.
                            ``(ii) Each educational institution against
                        which the Department has received, in the
                        preceding year, more than 1 such complaint.
                            ``(iii) Each educational institution
                        against which the Department has received, in
                        the preceding 5 years, more than 3 such
                        complaints.
                            ``(iv) Each educational institution that,
                        during the preceding year, was under
                        investigation by the Department for such a
                        complaint.
                            ``(v) Each educational institution against
                        which the Department has received, in the
                        preceding year, such a complaint for which the
                        Department has not commenced an investigation,
                        and which the Department has not dismissed.
                            ``(vi) Each educational institution against
                        which the Department has received, in the
                        preceding year, such a complaint for which the
                        Department has dismissed without commencing an
                        investigation.
                    ``(B) The list of educational institutions
                described in subparagraph (A) shall be disaggregated
                by--
                            ``(i) each Federal civil rights law that
                        the complaint alleges has been violated by each
                        such institution;
                            ``(ii) type of educational institution; and
                            ``(iii) whether the complaint filed against
                        each such institution was processed by the
                        Department as a systemic or as a class-action
                        complaint.
                    ``(C) The list of educational institutions under
                subparagraph (A) shall include--
                            ``(i) the date on which the complaint was
                        filed against each such institution; and
                            ``(ii) the status of the complaint.
                    ``(D) In addition to the requirements of
                subparagraphs (B) and (C), the list of institutions
                described in subparagraph (A)(vi) shall include--
                            ``(i) the procedural or administrative
                        reason for which the complaint was dismissed,
                        including--
                                    ``(I) whether the complaint failed
                                to allege--
                                            ``(aa) a violation of
                                        Federal law for which the
                                        Department has administrative
                                        responsibility or subject
                                        matter jurisdiction; or
                                            ``(bb) a violation against
                                        an educational institution for
                                        which the Department has
                                        administrative responsibility
                                        or personal jurisdiction; and
                                    ``(II) whether the complainant
                                failed to submit a consent form; and
                                    ``(III) whether the Department
                                offered the complainant an opportunity
                                to correct the procedural or
                                administrative error prior to
                                dismissing the complaint.
                    ``(E) Any resolution agreement or letter between
                the Department and an educational institution against
                which a complaint described in paragraph (1) has been
                filed, which settled the Department's investigation of
                such complaint.
                    ``(F) Any corrective action levied or remedy
                obtained for the preceding year against an educational
                institution for a violation of Federal civil rights law
                pursuant to a resolution agreement or letter, or other
                findings document, the status of such corrective
                actions, and whether the Department is considering
                extending such corrective actions.
                    ``(G) With respect to each complaint described in
                subparagraph (A)(vi) which the Department dismissed
                because the Department lacks the administrative
                responsibility, or subject matter or personal
                jurisdiction, for the Federal law that the complaint
                alleges to have been violated or the educational
                institution against which the complaint was filed--
                            ``(i) a list of each such educational
                        institution and each such Federal law; and
                            ``(ii) recommendations on whether Federal
                        legislation is necessary for the Department to
                        address the complaints described in this
                        paragraph.
                    ``(H) With respect to each educational institution
                against which a complaint described in subparagraph (A)
                has been filed that the Department investigated and
                found insufficient evidence to support a finding of a
                Federal civil rights law violation, a report explaining
                the basis for such decision.
                    ``(I) With respect to each educational institution
                that has had a resolution agreement or corrective
                action that the Department has determined does not need
                to be extended, a report on the basis for the decision
                and how such institution improved with respect to
                compliance with Federal civil rights laws.
                    ``(J) In a case in which a decision by the
                Department to not pursue a complaint or investigation
                relating to an alleged violation of a Federal civil
                rights law was due to the resource constraints of the
                Department for the preceding year, a description of
                which resources the Department needs to fully and
                expeditiously investigate each such complaint received
                by the Department.
                    ``(K) Any changes made, in the preceding year, to
                the case processing manual of the Office for Civil
                Rights of the Department.
            ``(4) In paragraph (4):
                    ``(A) Complaint.--
                            ``(i) In general.--The term `complaint'
                        means a written statement to the Department
                        alleging that the rights of one or more persons
                        have been violated and requesting that the
                        Department take action.
                            ``(ii) Exclusions.--The term `complaint'
                        does not include oral allegations that are not
                        reduced to writing, anonymous correspondence,
                        courtesy copies of correspondence or a
                        complaint filed with or otherwise submitted to
                        another person or other entity, or inquiries
                        that seek advice or information but do not seek
                        action or intervention from the Department.
                    ``(B) Educational institution.--The term
                `educational institution' has the meaning given the
                term in section 901(c) of the Education Amendments of
                1972 (20 U.S.C. 1681(c)).
                    ``(C) Federal civil rights law.--The term `Federal
                civil rights law' includes--
                            ``(i) title IX of the Education Amendments
                        of 1972 (20 U.S.C. 1681 et seq.);
                            ``(ii) the Civil Rights Act of 1964 (42
                        U.S.C. 2000a et seq.);
                            ``(iii) the Age Discrimination Act of 1975
                        (42 U.S.C. 6101 et seq.);
                            ``(iv) the Americans with Disabilities Act
                        of 1990 (42 U.S.C. 12101 et seq.);
                            ``(v) the Boy Scouts of America Equal
                        Access Act (20 U.S.C. 7905);
                            ``(vi) the Rehabilitation Act of 1973 (29
                        U.S.C. 701 et seq.); and
                            ``(vii) any other law for which the Office
                        for Civil Rights of the Department of Education
                        has administrative responsibility.''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the Secretary of Education should
protect any personally identifying information of an individual named
in a complaint or other document, which may be subject to public
release under paragraph (3) of section 203(b) of the Department of
Education Organization Act (20 U.S.C. 3413(b)), as added by this Act.

Summary: Education Department Civil Rights Transparency Act This bill amends the Department of Education Organization Act to require the Office for Civil Rights of the Department of Education (ED) to include in an annual report to ED, the President, and Congress specifiednbsp, information regarding federal civil rights violations bynbsp, educational institutions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Sexual Assault Prevention
and Health Care Enhancement Act''.

SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT
              INCIDENTS AND OTHER SAFETY INCIDENTS.

    (a) Policy.--Subchapter I of chapter 17 of title 38, United States
Code, is amended by adding at the end the following:
``Sec. 1709. Comprehensive policy on reporting and tracking sexual
              assault incidents and other safety incidents
    ``(a) Policy Required.--Not later than March 1, 2012, the Secretary
of Veterans Affairs shall develop and implement a centralized and
comprehensive policy on the reporting and tracking of sexual assault
incidents and other safety incidents that occur at each medical
facility of the Department, including--
            ``(1) suspected, alleged, attempted, or confirmed cases of
        sexual assault, regardless of whether such assaults lead to
        prosecution or conviction;
            ``(2) criminal and purposefully unsafe acts;
            ``(3) alcohol or substance abuse related acts (including by
        employees of the Department); and
            ``(4) any kind of event involving alleged or suspected
        abuse of a patient.
    ``(b) Scope.--The policy required by subsection (a) shall cover
each of the following:
            ``(1) For purposes of reporting and tracking sexual assault
        incidents and other safety incidents, definitions of the
        terms--
                    ``(A) `safety incident';
                    ``(B) `sexual assault'; and
                    ``(C) `sexual assault incident'.
            ``(2) The development and use of specific risk-assessment
        tools to examine any risks related to sexual assault that a
        veteran may pose while being treated at a medical facility of
        the Department, including clear and consistent guidance on the
        collection of information related to--
                    ``(A) the legal history of the veteran; and
                    ``(B) the medical record of the veteran.
            ``(3) The mandatory training of employees of the Department
        on security issues, including awareness, preparedness,
        precautions, and police assistance.
            ``(4) The mandatory implementation, use, and regular
        testing of appropriate physical security precautions and
        equipment, including surveillance camera systems, computer-
        based panic alarm systems, stationary panic alarms, and
        electronic portable personal panic alarms.
            ``(5) Clear, consistent, and comprehensive criteria and
        guidance with respect to an employee of the Department
        communicating and reporting sexual assault incidents and other
        safety incidents to--
                    ``(A) supervisory personnel of the employee at--
                            ``(i) a medical facility of the Department;
                            ``(ii) an office of a Veterans Integrated
                        Service Network; and
                            ``(iii) the central office of the Veterans
                        Health Administration; and
                    ``(B) a law enforcement official of the Department.
            ``(6) Clear and consistent criteria and guidelines with
        respect to an employee of the Department referring and
        reporting to the Office of Inspector General of the Department
        sexual assault incidents and other safety incidents that meet
        the regulatory criminal threshold in accordance with section
        1.201 and 1.204 of title 38, Code of Federal Regulations.
            ``(7) An accountable oversight system within the Veterans
        Health Administration that includes--
                    ``(A) systematic information sharing of reported
                sexual assault incidents and other safety incidents
                among officials of the Administration who have
                programmatic responsibility; and
                    ``(B) a centralized reporting, tracking, and
                monitoring system for such incidents.
            ``(8) Consistent procedures and systems for law enforcement
        officials of the Department with respect to investigating,
        tracking, and closing reported sexual assault incidents and
        other safety incidents.
            ``(9) Clear and consistent guidance for the clinical
        management of the treatment of sexual assaults that are
        reported more than 72 hours after the assault.
    ``(c) Updates to Policy.--The Secretary shall review and revise the
policy required by subsection (a) on a periodic basis as the Secretary
considers appropriate and in accordance with best practices.
    ``(d) Annual Report.--(1) Not later than 60 days after the date on
which the Secretary develops the policy required by subsection (a), and
by not later than October 1 of each year thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the Senate a
report on the implementation of the policy.
    ``(2) The report under paragraph (1) shall include--
            ``(A) the number and type of sexual assault incidents and
        other safety incidents reported by each medical facility of the
        Department;
            ``(B) a detailed description of the implementation of the
        policy required by subsection (a), including any revisions made
        to such policy from the previous year; and
            ``(C) the effectiveness of such policy on improving the
        safety and security of the medical facilities of the
        Department, including the performance measures used to evaluate
        such effectiveness.
    ``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1708 the following:

``1709. Comprehensive policy on reporting and tracking sexual assault
                            incidents and other safety incidents.''.
    (c) Interim Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the House of Representatives
and the Committee on Veterans' Affairs of the Senate a report on the
development of the performance measures described in section
1709(d)(2)(C) of title 38, United States Code, as added by subsection
(a).

SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAYMENT RATES FOR NURSING
              HOME CARE PROVIDED BY STATE HOMES.

    (a) In General.--
            (1) Contracts and agreements for nursing home care.--
        Section 1745(a) of title 38, United States Code, is amended--
                    (A) in paragraph (1), by striking ``The Secretary
                shall pay each State home for nursing home care at the
                rate determined under paragraph (2)'' and inserting
                ``The Secretary shall enter into a contract (or
                agreement under section 1720(c)(1) of this title) with
                each State home for payment by the Secretary for
                nursing home care provided in the home''; and
                    (B) by striking paragraph (2) and inserting the
                following new paragraph (2):
    ``(2) Payment under each contract (or agreement) between the
Secretary and a State home under paragraph (1) shall be based on a
methodology, developed by the Secretary in consultation with the State
home, to adequately reimburse the State home for the care provided by
the State home under the contract (or agreement).''.
            (2) State nursing homes.--Section 1720(c)(1)(A) of such
        title is amended--
                    (A) in clause (i), by striking ``; and'' and
                inserting a semicolon;
                    (B) in clause (ii), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(iii) a provider of services eligible to enter into a
        contract pursuant to section 1745(a) of this title who is not
        otherwise described in clause (i) or (ii).''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to care provided on or after January 1, 2012.

SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH TRAUMATIC BRAIN
              INJURY.

    (a) Rehabilitation Plans and Services.--Section 1710C of title 38,
United States Code, is amended--
            (1) in subsection (a)(1), by inserting before the semicolon
        the following: ``with the goal of maximizing the individual's
        independence'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(and sustaining
                        improvement in)'' after ``improving'';
                            (ii) by inserting ``behavioral,'' after
                        ``cognitive'';
                    (B) in paragraph (2), by inserting ``rehabilitative
                services and'' before ``rehabilitative components'';
                and
                    (C) in paragraph (3)--
                            (i) by striking ``treatments'' the first
                        place it appears and inserting ``services'';
                        and
                            (ii) by striking ``treatments and'' the
                        second place it appears; and
            (3) by adding at the end the following new subsection:
    ``(h) Rehabilitative Services Defined.--For purposes of this
section, and sections 1710D and 1710E of this title, the term
`rehabilitative services' includes--
            ``(1) rehabilitative services, as defined in section 1701
        of this title;
            ``(2) treatment and services (which may be of ongoing
        duration) to sustain, and prevent loss of, functional gains
        that have been achieved; and
            ``(3) any other rehabilitative services or supports that
        may contribute to maximizing an individual's independence.''.
    (b) Rehabilitation Services in Comprehensive Program for Long-term
Rehabilitation.--Section 1710D(a) of title 38, United States Code, is
amended--
            (1) by inserting ``and rehabilitative services (as defined
        in section 1710C of this title)'' after ``long-term care''; and
            (2) by striking ``treatment''.
    (c) Rehabilitation Services in Authority for Cooperative Agreements
for Use of Non-Department Facilities for Rehabilitation.--Section
1710E(a) of title 38, United States Code, is amended by inserting ``,
including rehabilitative services (as defined in section 1710C of this
title),'' after ``medical services''.
    (d) Technical Amendment.--Section 1710C(c)(2)(S) of title 38,
United States Code, is amended by striking ``opthamologist'' and
inserting ``ophthalmologist''.

SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT OF VETERANS
              AFFAIRS.

    Section 901 of title 38, United States Code, is amended by adding
at the end the following new subsection:
    ``(f) The Secretary may not prohibit the use of service dogs in any
facility or on any property of the Department or in any facility or on
any property that receives funding from the Secretary.''.

SEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
              THERAPY.

    (a) In General.--Commencing not later than 120 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
implement a three-year pilot program for the purpose of assessing the
effectiveness of using dog training activities as a component of
integrated post-deployment mental health and post-traumatic stress
disorder rehabilitation programs at Department of Veterans Affairs
medical centers to positively affect veterans with post-deployment
mental health conditions and post-traumatic stress disorder symptoms
and, through such activities, to produce specially trained dogs that
meet criteria for becoming service dogs for veterans with disabilities.
    (b) Location of Pilot Program.--The pilot program shall be carried
out at one Department of Veterans Affairs medical center selected by
the Secretary for such purpose at a location other than in the
Department of Veterans Affairs Palo Alto health care system in Palo
Alto, California. In selecting a medical center for the pilot program,
the Secretary shall--
            (1) ensure that the medical center selected--
                    (A) has an established mental health rehabilitation
                program that includes a clinical focus on
                rehabilitation treatment of post-deployment mental
                health conditions and post-traumatic stress disorder;
                and
                    (B) has a demonstrated capability and capacity to
                incorporate service dog training activities into the
                rehabilitation program; and
            (2) shall review and consider using recommendations
        published by Assistance Dogs International, International Guide
        Dog Federation, or comparably recognized experts in the art and
        science of basic dog training with regard to space, equipments,
        and methodologies.
    (c) Design of Pilot Program.--In carrying out the pilot program,
the Secretary shall--
            (1) administer the program through the Department of
        Veterans Affairs Patient Care Services Office as a
        collaborative effort between the Rehabilitation Office and the
        Office of Mental Health Services;
            (2) ensure that the national pilot program lead of the
        Patient Care Services Office has sufficient administrative
        experience to oversee the pilot program;
            (3) establish partnerships through memorandums of
        understanding with Assistance Dogs International organizations,
        International Guide Dog Federation organizations, academic
        affiliates, or organizations with equivalent credentials with
        experience in teaching others to train service dogs for the
        purpose of advising the Department of Veterans Affairs
        regarding the design, development, and implementation of pilot
        program;
            (4) ensure that the pilot program site has a service dog
        training instructor;
            (5) ensure that dogs selected for use in the program meet
        all health clearance, age, and temperament criteria as outlined
        by Assistance Dogs International, International Guide Dog
        Federation, or an organization with equivalent credentials and
        the Centers for Disease Control and Prevention;
            (6) consider dogs residing in animal shelters or foster
        homes for participation in the program if such dogs meet the
        selection criteria under this subsection; and
            (7) ensure that each dog selected for the program is taught
        all basic commands and behaviors essential to being accepted by
        an accredited service dog training organization to be partnered
        with a disabled veteran for final individualized service dog
        training tailored to meet the needs of the veteran.
    (d) Veteran Participation.--A veteran who is enrolled in the health
care system established under section 1705(a) of title 38, United
States Code, and is diagnosed with post-traumatic stress disorder or
another post-deployment mental health condition may volunteer to
participate in the pilot program required by subsection (a) of this
section and may participate in the program if the Secretary determines
that adequate program resources are available for such veteran to
participate at the pilot program site.
    (e) Hiring Preference.--In hiring service dog training instructors
for the pilot program required by subsection (a), the Secretary shall
give a preference to veterans in accordance with section 2108 and 3309
of title 5, United States Code.
    (f) Collection of Data.--The Secretary shall collect data on the
pilot program required by subsection (a) to determine the effectiveness
of the program in positively affecting veterans with post-traumatic
stress disorder or other post-deployment mental health condition
symptoms and the potential for expanding the program to additional
Department of Veterans Affairs medical centers. Such data shall be
collected and analyzed using valid and reliable methodologies and
instruments.
    (g) Reports to Congress.--
            (1) Annual reports.--Not later than one year after the date
        of the commencement of the pilot program, and annually
        thereafter for the duration of the pilot program, the Secretary
        shall submit to Congress a report on the pilot program. Each
        such report shall include--
                    (A) the number of veterans participating in the
                pilot program;
                    (B) a description of the services carried out by
                the Secretary under the pilot program; and
                    (C) the effects that participating in the pilot
                program has on veterans with post-traumatic stress
                disorder and post-deployment mental health conditions.
            (2) Final report.--At the conclusion of pilot program, the
        Secretary shall submit to Congress a final report that includes
        recommendations with respect to the extension or expansion of
        the pilot program.
    (h) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor recognized by
an accredited dog organization training program who provides hands-on
training in the art and science of service dog training and handling.

SEC. 7. ELIMINATION OF ANNUAL REPORT ON STAFFING FOR NURSE POSITIONS.

    Section 7451(e) of title 38, United States Code, is amended--
            (1) by striking paragraph (5); and
            (2) by redesignating paragraph (6) as paragraph (5).

            Passed the House of Representatives October 11, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Veterans Sexual Assault Prevention and Health Care Enhancement Act - Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools, (2) mandatory security training, (3) physical security precautions. (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General, (5) an oversight system within the Veterans Health Administration. (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents. And (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation. Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers. Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of rehabilitative services treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans. Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding. Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers. And (2) report annually to Congress for the duration of the pilot program. Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities.

To amend title 38, United States Code, to require a comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents that occur at medical facilities of the Department of Veterans Affairs, to improve rehabilitative services for veterans with traumatic brain injury, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Office of the
Victim Advocate Act of 2004''.

SEC. 2. ESTABLISHMENT OF OFFICE OF THE VICTIM ADVOCATE IN DEPARTMENT OF
              DEFENSE.

    (a) Establishment.--Part II of subtitle A of title 10, United
States Code, is amended by adding at the end the following new chapter:

              ``CHAPTER 90--OFFICE OF THE VICTIM ADVOCATE

``Sec.
``1811. Office of the Victim Advocate: establishment; Director.
``1812. Office of the Victim Advocate: functions.
``1813. Annual report.
``Sec. 1811. Office of the Victim Advocate: establishment; Director
    ``(a) Establishment.--There is in the Office of the Secretary of
Defense an Office of the Victim Advocate. The office shall have
responsibility for coordination of programs and activities of the
military departments to the extent that they relate to victims of
interpersonal violence among members of the armed forces or between
members of the armed forces and family members and partners (including
former spouses, children, significant others, children-in-common, girl
friends, and boy friends).
    ``(b) Director.--The head of the Office is a Director.
    ``(c) Victim Defined.--In this chapter, the term `victim' means a
person who is the victim of sexual misconduct or interpersonal violence
which--
            ``(1) in the case of a person who is a member of the armed
        forces, is carried out by another member of the armed forces or
        a family member or intimate partner; and
            ``(2) in the case of a person who is not member of the
        armed forces, is carried out by a member of the armed forces
        who is a family member or intimate partner of that person.
``Sec. 1812. Office of the Victim Advocate: functions
    ``(a) Coordination Functions.--The Director of the Office of the
Victim Advocate shall carry out the following coordination functions:
            ``(1) Coordinate programs and activities of the military
        departments relative to care, services, and treatment for
        victims.
            ``(2) Serve as headquarters program manager for the victim
        advocates and the victim service specialists in the Department
        of Defense authorized by law.
            ``(3) Coordinate services for victims among military and
        civilian communities and provide guidance to victims in
        obtaining those services.
    ``(b) Evaluation and Review Functions.--The Director of the Office
of the Victim Advocate shall carry out the following evaluation and
review functions:
            ``(1) Evaluate the prevalence of interpersonal violence
        associated with members of the armed forces.
            ``(2) Evaluate the programs established by the military
        departments providing services to victims of interpersonal
        violence.
            ``(3) Evaluate the delivery of services by the military
        departments to victims of interpersonal violence.
            ``(4) Review the facilities of the military departments
        providing services to victims of interpersonal violence.
            ``(5) Review the hotline programs for victims of violence,
        including command and installation hotlines, the National
        Domestic Violence Hotline, and the National Sexual Assault
        Hotline.
            ``(6) Review disciplinary actions taken against members of
        the armed forces who commit acts of interpersonal violence.
    ``(c) Policy Functions.--The Director of the Office of the Victim
Advocate shall carry out the following policy functions:
            ``(1) Recommend to the Secretaries of the military
        departments policies, protocols, and programs to enhance
        services to victims.
            ``(2) Recommend changes to policies and procedures to
        address sexual misconduct and intimate partner violence.
            ``(3) Establish system accountability standards.
            ``(4) Develop protocols for accountability of commanders in
        response to incidents of violence.
            ``(5) Serve, or designate a person to serve, on any
        fatality review panel established by the Secretary of a
        military department under section 4061, 6036, or 9061 of this
        title.
    ``(d) Education and Training Functions.--The Director of the Office
of the Victim Advocate shall carry out the following education and
training functions:
            ``(1) Conduct education and training within the armed
        forces.
            ``(2) Conduct training and technical assistance (including
        programs referred to as Life Skills program) for commands,
        Family Advocacy Programs, victim witness assistance liaisons,
        commissions, medical personnel, and law enforcement, security
        forces, and the Judge Advocate General Corps.
            ``(3) Conduct programs of public education.
``Sec. 1813. Annual report
    ``(a) Report to the Secretary of Defense.--The Director of the
Office of the Victim Advocate shall submit to the Secretary of Defense
an annual report containing an assessment of the current state of
affairs within the military departments relative to interpersonal
violence and sexual misconduct. The report shall include proposed
initiatives to enhance the response of the military departments to
interpersonal violence and sexual misconduct.
    ``(b) Report to Congress.--The Secretary of Defense shall transmit
to Congress each report received from the Director under subsection
(a), together with the Secretary's comments thereon.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for fiscal year 2005 for
Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to
carry out the functions of the Office of the Victim Advocate in the
Department of Defense.

Summary: Department of Defense Office of the Victim Advocate Act of 2004 - Establishes an Office of the Victim Advocate within the Office of the Secretary of Defense to assist victims of sexual misconduct and interpersonal violence occurring among members of the Armed Forces or between members of the Armed Forces and family members and partners. Requires the Director of the Office to carry out specified coordination, evaluation and review, policy, and education and training functions, and to submit to the Secretary an annual report assessing the current state of affairs within military departments relative to interpersonal violence and sexual misconduct. Requires the Secretary to transmit the Director's report to Congress with additional comments.

To amend title 10, United States Code, to establish in the Department of Defense an Office of the Victim Advocate, to prescribe the functions of that office, and for other purposes.