SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Commerce Extension
Establishment Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States economy is in the early stages of a
        revolution in electronic commerce--the ability to buy, sell,
        and even deliver goods and services through computer networks.
        Estimates are that electronic commerce sales in 1998 were
        around $100,000,000,000 and could rise to $1,300,000,000,000 by
        2003.
            (2) Electronic commerce promises to spur tremendously
        United States productivity and economic growth--repeating a
        historical pattern where the greatest impetus toward economic
        growth lies not in the sale of new technologies but in their
        widespread adoption and use.
            (3) Electronic commerce presents an enormous opportunity
        and challenge for small businesses. Such commerce will give
        such businesses new markets and new ways of doing businesses.
        However, many such business will have difficulty in adopting
        appropriate electronic commerce technologies and practices.
        Moreover, such businesses in more rural areas will find distant
        businesses entering their markets and competing with them.
        Thus, there is considerable risk many small businesses will be
        left behind in the shift to electronic commerce.
            (4) The United States has an interest in ensuring that
        small businesses in all parts of the United States participate
        fully in the electronic commerce revolution, both for the sake
        of such businesses and in order to promote productivity and
        economic growth throughout the entire United States economy.
            (5) The Federal Government has a long history of
        successfully helping small farmers with new agricultural
        technologies through the Cooperative Extension System at the
        Department of Agriculture, founded in 1914. More recently, the
        National Institute of Standards and Technology has successfully
        helped small manufacturers with manufacturing technologies
        through its Manufacturing Extension Program, established in
        1988.
            (6) Similarly, now is the time to establish an electronic
        commerce extension program to help small businesses throughout
        the United States identify, adapt, and adopt electronic
        commerce technologies and business practices, thereby ensuring
        that such businesses fully participate in the electronic
        commerce revolution.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish an electronic commerce
extension program focused on small businesses at the National Institute
of Standards and Technology.

SEC. 4. ESTABLISHMENT OF ELECTRONIC COMMERCE EXTENSION PROGRAM AT
              NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY.

    (a) Establishment.--The National Bureau of Standards Act (15 U.S.C.
271 et seq.) is amended by inserting after section 25 (15 U.S.C. 278k)
the following new section:

 ``regional centers for the transfer of electronic commerce technology

    ``Sec. 25A. (a)(1) The Secretary, through the Undersecretary of
Commerce for Technology and the Director and in consultation with other
appropriate officials, shall provide assistance for the creation and
support of Regional Centers for the Transfer of Electronic Commerce
Technology (in this section referred to as `Centers').
    ``(2) The Centers shall be affiliated with any United States-based
nonprofit institution or organization, or group thereof, that applies
for and is awarded financial assistance under this section in
accordance with the program established by the Secretary under
subsection (c).
    ``(3) The objective of the Centers is to enhance productivity and
technological performance in United States electronic commerce
through--
            ``(A) the transfer of electronic commerce technology and
        techniques developed at the Institute to Centers and, through
        them, to companies throughout the United States;
            ``(B) the participation of individuals from industry,
        institutions of higher education, State governments, other
        Federal agencies, and, when appropriate, the Institute in
        cooperative technology transfer activities;
            ``(C) efforts to make electronic commerce technology and
        techniques usable by a wide range of United States-based small
        companies;
            ``(D) the active dissemination of scientific, engineering,
        technical, and management information about electronic commerce
        to small companies, with a particular focus on reaching those
        located in rural or isolated areas; and
            ``(E) the utilization, when appropriate, of the expertise
        and capability that exists in State and local governments,
        institutions of higher education, the private sector, and
        Federal laboratories other than the Institute.
    ``(b) The activities of the Centers shall include--
            ``(1) the establishment of electronic commerce
        demonstration systems, based on research by the Institute and
        other organizations and entities, for the purpose of technology
        transfer; and
            ``(2) the active transfer and dissemination of research
        findings and Center expertise to a wide range of companies and
        enterprises, particularly small companies.
    ``(c)(1) The Secretary may provide financial support to any Center
created under subsection (a) in accordance with a program established
by the Secretary for purposes of this section.
    ``(2) The Secretary may not provide to a Center more than 50
percent of the capital and annual operating and maintenance funds
required to create and maintain the Center.
    ``(3)(A) Any nonprofit institution, or group thereof, or consortia
of nonprofit institutions may, in accordance with the procedures
established by the Secretary under the program under paragraph (1),
submit to the Secretary an application for financial support for the
creation and operation of a Center under this section.
    ``(B) In order to receive financial assistance under this section
for a Center, an applicant shall provide adequate assurances that it
will contribute 50 percent or more of the estimated capital and annual
operating and maintenance costs of the Center for the first three years
of its operation and an increasing share of such costs over the next
three years of its operation.
    ``(C) An applicant shall also submit a proposal for the allocation
of the legal rights associated with any invention which may result from
the activities of the Center proposed by the applicant.
    ``(4)(A) The Secretary shall subject each application submitted
under this subsection to merit review.
    ``(B) In making a decision whether to approve an application and
provide financial support for a Center under this section, the
Secretary shall consider at a minimum--
            ``(i) the merits of the application, particularly the
        portions of the application regarding technology transfer,
        training and education, and adaptation of electronic commerce
        technologies to the needs of particular industrial sectors;
            ``(ii) the quality of service to be provided;
            ``(iii) geographical diversity and extent of service area;
        and
            ``(iv) the percentage of funding and amount of in-kind
        commitment from other sources.
    ``(5)(A) Each Center receiving financial assistance under this
section shall be evaluated during the third year of its operation by an
evaluation panel appointed by the Secretary.
    ``(B) Each evaluation panel under this paragraph shall be composed
of private experts, none of whom shall be connected with the Center
involved, and with appropriate Federal officials. An official of the
Institute shall chair each evaluation panel.
    ``(C) Each evaluation panel under this paragraph shall measure the
performance of the Center involved against the objectives specified in
this section and under the arrangement between the Center and the
Institute.
    ``(6) The Secretary may not provide funding for a Center under this
section for the fourth through the sixth years of its operation unless
the evaluation regarding the Center under paragraph (5) is positive. If
such evaluation for a Center is positive, the Secretary may provide
continued funding for the Center through the sixth year of its
operation at declining levels.
    ``(7)(A) After the sixth year of operation of a Center, the Center
may receive additional financial support under this section if the
Center has received a positive evaluation of its operation through an
independent review conducted under procedures established by the
Institute. Such independent review shall be undertaken for a Center not
less often than every two years commencing after the sixth year of its
operation.
    ``(B) The amount of funding received by a Center under this section
for any fiscal year of the Center after the sixth year of its operation
may not exceed an amount equal to one-third of the capital and annual
operating and maintenance costs of the Center in such fiscal year under
the program.
    ``(8) The provisions of chapter 18 of title 35, United States Code,
shall (to the extent not inconsistent with this section) apply to the
promotion of technology from research by Centers under this section
except for contracts for such specific technology extension or transfer
services as may be specified by statute or by the Director.
    ``(d)(1) In addition to such sums as may be appropriated to the
Secretary and Director for purposes of the support of Centers under
this section, the Secretary and Director may accept funds from other
Federal departments and agencies for such purposes.
    ``(2) The selection and operation of a Center under this section
shall be governed by the provisions of this section, regardless of the
Federal department or agency providing funds for the operation of the
Center.
    ``(e) In this section, the term `electronic commerce' means the
buying, selling, and delivery of goods and services, or the
coordination or conduct of economic activities within and among
organizations, through computer networks.''.
    (b) Description of Program.--(1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of Commerce shall
publish in the Federal Register a proposal for the program required by
section 25A(c) of the National Bureau of Standards Act, as added by
subsection (a).
    (2) The proposal for the program under paragraph (1) shall
include--
            (A) a description of the program;
            (B) procedures to be followed by applicants for support
        under the program;
            (C) criteria for determining qualified applicants under the
        program;
            (D) criteria, including the criteria specified in paragraph
        (4) of such section 25A(c), for choosing recipients of
        financial assistance under the program from among qualified
        applicants; and
            (E) maximum support levels expected to be available to
        Centers for the Transfer of Electronic Commerce Technology
        under the program in each year of assistance under the program.
    (3) The Secretary shall provide a 30-day period of opportunity for
public comment on the proposal published under paragraph (1).
    (4) Upon completion of the period referred to in paragraph (3), the
Secretary shall publish in the Federal Register a final version of the
program referred to in paragraph (1). The final version of the program
shall take into account public comments received by the Secretary under
paragraph (3).
    (c) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Commerce each fiscal year such
amounts as may be required during such fiscal year for purposes of
activities under section 25A of the National Bureau of Standards Act,
as added by subsection (a).

Summary: Electronic Commerce Extension Establishment Act of 1999 - Amends the National Bureau of Standards Act to direct the Secretary of Commerce to provide assistance for the creation and support of Regional Centers for the Transfer of Electronic Commerce Technology (Centers). Requires the Centers to be affiliated with any US-based nonprofit institution or organization that applies for and is awarded financial assistance under this Act. Outlines objectives of the Centers, including aiding small businesses, especially those located in rural areas, in identifying and adopting electronic commerce technologies and business practices. Defines electronic commerce as the ability to buy, sell, and deliver goods and services through computer networks. Requires such Centers to: (1) establish electronic commerce demonstration systems for technology transfer. And (2) transfer and disseminate research findings and Center expertise to companies and enterprises, particularly small businesses. Authorizes the Secretary to provide financial support to a Center for such activities and objectives. Outlines application requirements for such assistance. Requires Centers receiving assistance to be evaluated during the third year of operation by a panel of private experts. Requires a positive finding from such panel before a Center may receive such assistance for its fourth through sixth years. Requires independent review of a Center every two years after the sixth year, to be conducted under procedures established by the National Institutes of Standards and Technology. Provides Center funding limitations. Requires the Secretary to publish a proposal for the assistance program provided under this Act, as well as a final program. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Education Achieves Care
and Healthy Outcomes for Users' Treatment Act of 2018'' or the ``REACH
OUT Act of 2018''.

SEC. 2. GRANTS TO PROVIDE TECHNICAL ASSISTANCE TO OUTLIER PRESCRIBERS
              OF OPIOIDS.

    (a) Grants Authorized.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall, through the
Centers for Medicare & Medicaid Services, award grants, contracts, or
cooperative agreements to eligible entities for the purposes described
in subsection (b).
    (b) Use of Funds.--Grants, contracts, and cooperative agreements
awarded under subsection (a) shall be used to support eligible entities
through technical assistance--
            (1) to educate and provide outreach to outlier prescribers
        of opioids about best practices for prescribing opioids;
            (2) to educate and provide outreach to outlier prescribers
        of opioids about non-opioid pain management therapies; and
            (3) to reduce the amount of opioid prescriptions prescribed
        by outlier prescribers of opioids.
    (c) Application.--Each eligible entity seeking to receive a grant,
contract, or cooperative agreement under subsection (a) shall submit to
the Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require.
    (d) Geographic Distribution.--In awarding grants, contracts, and
cooperative agreements under this section, the Secretary shall
prioritize establishing technical assistance resources in each State.
    (e) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) an organization--
                            (i) that has demonstrated experience
                        providing technical assistance to health care
                        professionals on a State or regional basis; and
                            (ii) that has at least--
                                    (I) one individual who is a
                                representative of consumers on its
                                governing body; and
                                    (II) one individual who is a
                                representative of health care providers
                                on its governing body; or
                    (B) an entity that is a quality improvement entity
                with a contract under part B of title XI of the Social
                Security Act (42 U.S.C. 1320c et seq.).
            (2) Outlier prescriber of opioids.--The term ``outlier
        prescriber of opioids'' means a prescriber, identified by the
        Secretary of Health and Human Services (through use of
        prescriber information provided by prescriber National Provider
        Identifiers included pursuant to section 1860D-4(c)(4)(A) of
        the Social Security Act (42 U.S.C. 1395w-104(c)(4)(A)) on
        claims for covered part D drugs for part D eligible individuals
        enrolled in prescription drug plans under part D of title XVIII
        of such Act (42 U.S.C. 1395w-101 et seq.) and MA-PD plans under
        part C of such title (42 U.S.C. 1395w-21 et seq.)) as
        prescribing, as compared to other prescribers in the specialty
        of the prescriber and geographic area, amounts of opioids in
        excess of a threshold (and other criteria) specified by the
        Secretary, after consultation with stakeholders.
            (3) Prescribers.--The term ``prescriber'' means any health
        care professional, including a nurse practitioner or physician
        assistant, who is licensed to prescribe opioids by the State or
        territory in which such professional practices.
    (f) Funding.--For purposes of implementing this section, $75
million shall be available from the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of the Social Security Act (42
U.S.C. 1395t), to remain available until expended.

SEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE.

    Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is
amended by adding at the end the following new paragraph:
    ``(7)(A) With respect to expenditures described in subparagraph (B)
that are incurred by a State for any fiscal year after fiscal year 2025
(and before fiscal year 2029), in determining the pro rata share to
which the United States is equitably entitled under subsection (d)(3),
the Secretary shall substitute the Federal medical assistance
percentage that applies for such fiscal year to the State under section
1905(b) (without regard to any adjustments to such percentage
applicable under such section or any other provision of law) for the
percentage that applies to such expenditures under section 1905(y).
    ``(B) Expenditures described in this subparagraph, with respect to
a fiscal year to which subparagraph (A) applies, are expenditures
incurred by a State for payment for medical assistance provided to
individuals described in subclause (VIII) of section 1902(a)(10)(A)(i)
by a managed care entity, or other specified entity (as defined in
subparagraph (D)(iii)), that are treated as remittances because the
State--
            ``(i) has satisfied the requirement of section 438.8 of
        title 42, Code of Federal Regulations (or any successor
        regulation), by electing--
                    ``(I) in the case of a State described in
                subparagraph (C), to apply a minimum medical loss ratio
                (as defined in subparagraph (D)(ii)) that is at least
                85 percent but not greater than the minimum medical
                loss ratio (as so defined) that such State applied as
                of May 31, 2018; or
                    ``(II) in the case of a State not described in
                subparagraph (C), to apply a minimum medical loss ratio
                that is equal to 85 percent; and
            ``(ii) recovered all or a portion of the expenditures as a
        result of the entity's failure to meet such ratio.
    ``(C) For purposes of subparagraph (B), a State described in this
subparagraph is a State that as of May 31, 2018, applied a minimum
medical loss ratio (as calculated under subsection (d) of section 438.8
of title 42, Code of Federal Regulations (as in effect on June 1,
2018)) for payment for services provided by entities described in such
subparagraph under the State plan under this title (or a waiver of the
plan) that is equal to or greater than 85 percent.
    ``(D) For purposes of this paragraph:
            ``(i) The term `managed care entity' means a medicaid
        managed care organization described in section
        1932(a)(1)(B)(i).
            ``(ii) The term `minimum medical loss ratio' means, with
        respect to a State, a minimum medical loss ratio (as calculated
        under subsection (d) of section 438.8 of title 42, Code of
        Federal Regulations (as in effect on June 1, 2018)) for payment
        for services provided by entities described in subparagraph (B)
        under the State plan under this title (or a waiver of the
        plan).
            ``(iii) The term `other specified entity' means--
                    ``(I) a prepaid inpatient health plan, as defined
                in section 438.2 of title 42, Code of Federal
                Regulations (or any successor regulation); and
                    ``(II) a prepaid ambulatory health plan, as defined
                in such section (or any successor regulation).''.

            Passed the House of Representatives June 19, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Responsible Education Achieves Care and Healthy Outcomes for Usersrsquo. Treatment Act of 2018 or the REACH OUT Act of 2018 This bill requires the Centers for Medicare amp. Medicaid Services to award grants, contracts, or cooperative agreements to qualifying organizations in order to support efforts to curb outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations.

Responsible Education Achieves Care and Healthy Outcomes for Users’ Treatment Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reserve Component Tax Assistance Act
of 2001''.

SEC. 2. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE RESERVE
              COMPONENT.

    (a) Deduction Allowed.--Section 162 of the Internal Revenue Code of
1986 (relating to certain trade or business expenses) is amended by
redesignating subsection (p) as subsection (q) and inserting after
subsection (o) the following new subsection:
    ``(p) Treatment of Expenses of Members of Reserve Component of
Armed Forces of the United States.--For purposes of subsection (a), in
the case of an individual who performs services as a member of a
reserve component of the Armed Forces of the United States at any time
during the taxable year, such individual shall be deemed to be away
from home in the pursuit of a trade or business during any period for
which such individual is away from home in connection with such
service.''.
    (b) Deduction Allowed Whether or Not Taxpayer Elects To Itemize.--
Section 62(a)(2) of the Internal Revenue Code of 1986 (relating to
certain trade and business deductions of employees) is amended by
adding at the end the following new subparagraph:
                    ``(D) Certain expenses of members of reserve
                components of the armed forces of the united states.--
                The deductions allowed by section 162 which consist of
                expenses paid or incurred by the taxpayer in connection
                with the performance of services by such taxpayer as a
                member of a reserve component of the Armed Forces of
                the United States.''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2001.

SEC. 3. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.

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

``SEC. 45E. RESERVE COMPONENT EMPLOYMENT CREDIT.

    ``(a) General Rule.--For purposes of section 38, the reserve
component employment credit determined under this section is an amount
equal to the sum of--
            ``(1) the employment credit with respect to all qualified
        employees of the taxpayer, plus
            ``(2) the self-employment credit of a qualified self-
        employed taxpayer.
    ``(b) Employment Credit.--For purposes of this section--
            ``(1) In general.--The employment credit with respect to a
        qualified employee of the taxpayer for any taxable year is
        equal to 50 percent of the amount of qualified compensation
        that would have been paid to the employee with respect to all
        periods during which the employee participates in qualified
        reserve component duty to the exclusion of normal employment
        duties, including time spent in a travel status had the
        employee not been participating in qualified reserve component
        duty. The employment credit, with respect to all qualified
        employees, is equal to the sum of the employment credits for
        each qualified employee under this subsection.
            ``(2) Qualified compensation.--When used with respect to
        the compensation paid or that would have been paid to a
        qualified employee for any period during which the employee
        participates in qualified reserve component duty, the term
        `qualified compensation' means compensation--
                    ``(A) which is normally contingent on the
                employee's presence for work and which would be
                deductible from the taxpayer's gross income under
                section 162(a)(1) if the employee were present and
                receiving such compensation, and
                    ``(B) which is not characterized by the taxpayer as
                vacation or holiday pay, or as sick leave or pay, or as
                any other form of pay for a nonspecific leave of
absence, and with respect to which the number of days the employee
participates in qualified reserve component duty does not result in any
reduction in the amount of vacation time, sick leave, or other
nonspecific leave previously credited to or earned by the employee.
            ``(3) Qualified employee.--The term `qualified employee'
        means a person who--
                    ``(A) has been an employee of the taxpayer for the
                21-day period immediately preceding the period during
                which the employee participates in qualified reserve
                component duty, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States as
                defined in sections 10142 and 10101 of title 10, United
                States Code.
    ``(c) Self-Employment Credit.--
            ``(1) In general.--The self-employment credit of a
        qualified self-employed taxpayer for any taxable year is equal
        to 50 percent of the excess, if any, of--
                    ``(A) the self-employed taxpayer's average daily
                self-employment income for the taxable year over
                    ``(B) the average daily military pay and allowances
                received by the taxpayer during the taxable year, while
                participating in qualified reserve component duty to
                the exclusion of the taxpayer's normal self-employment
                duties for the number of days the taxpayer participates
                in qualified reserve component duty during the taxable
                year, including time spent in a travel status.
            ``(2) Average daily self-employment income and average
        daily military pay and allowances.--As used with respect to a
        self-employed taxpayer--
                    ``(A) the term `average daily self-employment
                income' means the self-employment income (as defined in
                section 1402) of the taxpayer for the taxable year
                divided by the difference between--
                            ``(i) 365, and
                            ``(ii) the number of days the taxpayer
                        participates in qualified reserve component
                        duty during the taxable year, including time
                        spent in a travel status, and
                    ``(B) the term `average daily military pay and
                allowances' means--
                            ``(i) the amount paid to the taxpayer
                        during the taxable year as military pay and
                        allowances on account of the taxpayer's
                        participation in qualified reserve component
                        duty, divided by
                            ``(ii) the total number of days the
                        taxpayer participates in qualified reserve
                        component duty, including time spent in travel
                        status.
            ``(3) Qualified self-employed taxpayer.--The term
        `qualified self-employed taxpayer' means a taxpayer who--
                    ``(A) has net earnings from self-employment (as
                defined in section 1402) for the taxable year, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States.
    ``(d) Credit In Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the employee participates in qualified
reserve component duty to the exclusion of normal employment duties.
    ``(e) Limitations.--
            ``(1) Maximum credit.--
                    ``(A) In general.--The credit allowed by subsection
                (a) for the taxable year--
                            ``(i) shall not exceed $7,500 in the
                        aggregate, and
                            ``(ii) shall not exceed $2,000 with respect
                        to each qualified employee.
                    ``(B) Controlled groups.--For purposes of applying
                the limitations in subparagraph (A)--
                            ``(i) all members of a controlled group
                        shall be treated as one taxpayer, and
                            ``(ii) such limitations shall be allocated
                        among the members of such group in such manner
                        as the Secretary may prescribe.
                For purposes of this subparagraph, all persons treated
                as a single employer under subsection (a) or (b) of
                section 52 or subsection (m) or (o) of section 414
                shall be treated as members of a controlled group.
            ``(2) Disallowance for failure to comply with employment or
        reemployment rights of members of the reserve components of the
        armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
                    ``(A) any taxable year in which the taxpayer is
                under a final order, judgment, or other process issued
                or required by a district court of the United States
                under section 4323 of title 38 of the United States
                Code with respect to a violation of chapter 43 of such
                title, and
                    ``(B) the two succeeding taxable years.
            ``(3) Disallowance with respect to persons ordered to
        active duty for training.--No credit shall be allowed under
        subsection (a) to a taxpayer with respect to any period for
        which the person on whose behalf the credit would otherwise be
        allowable is called or ordered to active duty for any of the
        following types of duty:
                    ``(A) active duty for training under any provision
                of title 10, United States Code,
                    ``(B) training at encampments, maneuvers, outdoor
                target practice, or other exercises under chapter 5 of
                title 32, United States Code, or
                    ``(C) full-time National Guard duty, as defined in
                section 101(d)(5) of title 10, United States Code.
    ``(f) General Definitions and Special Rules.--
            ``(1) Military pay and allowances.--The term `military pay'
        means pay as that term is defined in section 101(21) of title
        37, United States Code, and the term `allowances' means the
        allowances payable to a member of the Armed Forces of the
        United States under chapter 7 of that title.
            ``(2) Qualified reserve component duty.--The term
        `qualified reserve component duty' includes only active duty
        performed, as designated in the reservist's military orders, in
        support of a contingency operation as defined in section
        101(a)(13) of title 10, United States Code.
            ``(3) Normal employment and self-employment duties.--A
        person shall be deemed to be participating in qualified reserve
        component duty to the exclusion of normal employment or self-
        employment duties if the person does not engage in or undertake
        any substantial activity related to the person's normal
        employment or self-employment duties while participating in
        qualified reserve component duty unless in an authorized leave
        status or other authorized absence from military duties. If a
        person engages in or undertakes any substantial activity
        related to the person's normal employment or self-employment
        duties at any time while participating in a period of qualified
        reserve component duty, unless during a period of authorized
        leave or other authorized absence from military duties, the
        person shall be deemed to have engaged in or undertaken such
        activity for the entire period of qualified reserve component
        duty.
            ``(4) Certain rules to apply.--Rules similar to the rules
        of subsections (c), (d), and (e) of section 52 shall apply for
        purposes of this section.''.
    (b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended--
            (1) by striking ``plus'' at the end of paragraph (12),
            (2) by striking the period at the end of paragraph (13) and
        inserting ``, plus'', and
            (3) by adding at the end the following new paragraph:
            ``(14) the reserve component employment credit determined
        under section 45E(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45D the
following new item:

                              ``Sec. 45E. Reserve component employment
                                        credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Summary: Reserve Component Tax Assistance Act of 2001 - Amends the Internal Revenue Code to allow as a business or trade deduction the expenses of a member of the reserve component of the US armed forces in connection with such service. Makes such deduction available to itemizers and non-itemizers. Establishes related reserve component business-related employment and self-employment credits.

A bill to amend the Internal Revenue Code of 1986 to allow as a deduction in determining adjusted gross income the deduction for expenses in connection with services as a member of a reserve component of the Armed Forces of the United States, to allow employers a credit against income tax with respect to employees who participate in the military reserve components, and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighting Fraud in Bankruptcy Act of
2011''.

SEC. 2. REMEDIES FOR NEGLIGENT, RECKLESS, OR FRAUDULENT ASSERTION OF
              CLAIM.

    Chapter 1 of title 11, United States Code, is amended by adding at
the end the following:
``Sec. 113. Remedies for negligent, reckless, or fraudulent assertion
              of claim
    ``(a) In this section--
            ``(1) a person `asserts a claim' by, without limitation,
        preparing, signing, filing, submitting, or later advocating a
        proof of claim under section 501 of this title, a motion
        seeking relief from the stay imposed under section 362 of this
        title, or other paper, representing to the court that a claim
        is owed or that it is owed in a specific amount;
            ``(2) a person who assists another person in asserting a
        claim shall also be deemed to have asserted the claim,
        including--
                    ``(A) any officer, director, employee, or agent of
                the person asserting a claim; and
                    ``(B) any attorney, accountant, or other
                professional person who is employed by or is assisting
                the person asserting a claim; and
            ``(3) the term `relief' means, without limitation, and in
        addition to any legal, equitable, monetary or injunctive relief
        otherwise available under any provision of this title or other
        provision of law, or under a court's inherent powers--
                    ``(A) an order or judgment imposing upon a person
                in one or more cases, wherever situated, in which the
                person has asserted a claim or claims in violation of
                subsection (b) a civil penalty of not more than $5,000
                for each such claim;
                    ``(B) an order or judgment requiring a person in
                one or more cases, wherever situated, in which the
                person has asserted a claim or claims in violation of
                subsection (b), to pay actual damages to an injured
                debtor, or trustee; and
                    ``(C) an order or judgment imposing upon a person
                in one or more cases, wherever situated, in which the
                person has asserted, or could assert, a claim or claims
                in violation of subsection (b) of this section, other
                prospective or retrospective relief, including but not
                limited to declaratory relief, injunctive relief, or an
                auditing requirement.
    ``(b) Notwithstanding any other provision of Federal or State law,
and in addition to any other remedy provided under Federal or State
law, if a court, on its own motion or on the motion of the United
States trustee (or bankruptcy administrator, if any), finds, based upon
a preponderance of the evidence, that a person has, through negligence,
recklessness, or fraud, improperly asserted a claim in any case under
chapter 7 or chapter 13 of this title before the court, the court may--
            ``(1) enter relief against the person in the case before
        the court; and
            ``(2) enter relief against the person in any other case
        under chapter 7 or chapter 13 that is pending or might
        thereafter be filed under this title, wherever situated, to the
        extent the court deems it necessary--
                    ``(A) to rectify the person's negligent, reckless,
                or fraudulent assertion of a claim; or
                    ``(B) to prevent the person from asserting any
                negligent, reckless, or fraudulent claim.
    ``(c)(1) Civil penalties imposed under this section in judicial
districts served by United States trustees shall be paid to the United
States trustees, who shall deposit an amount equal to such fines in the
United States Trustee Fund.
    ``(2) Civil penalties imposed under this section in judicial
districts served by bankruptcy administrators shall be deposited as
offsetting receipts to the fund established under section 1931 of title
28, and shall remain available until expended to reimburse any
appropriation for the amount paid out of such appropriation for
expenses of the operation and maintenance of the courts of the United
States.''.

SEC. 3. DUTY OF THE UNITED STATES TRUSTEE TO ADDRESS CLAIMS.

    Section 586(a) of title 28, United States Code, is amended--
            (1) in paragraph (7)(C), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) when the United States trustee deems it appropriate--
                    ``(A) monitor and investigate the conduct of other
                parties in interest with respect to claims; and
                    ``(B) take action that the United States trustee
                deems necessary to prevent or remedy any negligent,
                reckless, or fraudulent assertion of a claim, as
                defined in section 113(a) of title 11, by exercising
                any of the United States trustee's powers and
                authorities under this title and under title 11
                respecting claims, including--
                            ``(i) filing, pursuing, or commenting upon
                        any action brought under section 113 of title
                        11; and
                            ``(ii) filing, pursuing, or commenting upon
                        any civil action, or upon any civil proceeding
                        arising under title 11, or arising in or
                        related to a case under title 11.''.

SEC. 4. PROCEDURES FOR THE AUDITING OF PROOFS OF CLAIM.

    (a) Title 28.--Section 586 of title 28, United States Code, is
amended by adding at the end the following:
    ``(g)(1) Claims Audit Procedures.--
            ``(A) The Director of the Executive Office for United
        States Trustees shall establish audit procedures to determine
        the accuracy, veracity, and completeness of proofs of claim
        filed under section 501(a) of title 11, with respect to cases
        filed under chapter 7 or 13 of title 11, in which the debtor is
        an individual.
            ``(B) The procedures established pursuant to subparagraph
        (A) shall--
                    ``(i) establish a method of selecting appropriate
                qualified persons to contract to perform audits;
                    ``(ii) establish a method of selecting proofs of
                claim to be audited, except that the number of audits
                to be performed shall be within the sole discretion of
                the Director of the Executive Office for United States
                Trustees; and
                    ``(iii) establish procedures for providing, not
                less frequently than annually, public information
                concerning the aggregate results of such audits,
                including the percentage of cases, by district, in
                which inaccurate, untrue, or incomplete proofs of claim
                were filed.
    ``(2) The United States trustee for each district is authorized to
contract with auditors to perform audits of proofs of claim designated
by the United States trustee, in accordance with the procedures
established under paragraph (1). An audit may, in the discretion of the
United States trustee, encompass multiple proofs of claim filed by the
same entity in one case or multiple cases, whether in the same district
or multiple districts. The United States trustees from multiple regions
may contract with a single auditor to audit proofs of claim filed by
the same entity in districts within their regions.
    ``(3)(A) The report of each audit performed pursuant to paragraph
(2) shall be filed with the court where the case is pending and
transmitted to the United States trustee and to any trustee serving in
the case. Each such report shall clearly and conspicuously specify any
findings that the claim asserted in the proof of claim is--
            ``(i) not valid;
            ``(ii) not owed in the amount claimed; or
            ``(iii) not supported by adequate documentation.
    ``(B) If a claims audit report identifies deficiencies in the proof
of claim as described in paragraph (2)(A), the United States trustee
shall--
            ``(i) if appropriate, report the deficient filing to the
        United States Attorney pursuant to section 3057 of title 18;
        and
            ``(ii) if advisable, take appropriate action, including
        objecting to the proof of claim under section 502(b) of title
        11, or commencing an action under section 113(b) of title 11,
        against entities responsible for the deficiencies.''.
    (b) Title 11.--Section 502(b) of title 11, United States Code, is
amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(10) the court finds the entity filing a proof of claim
        that was selected for audit under section 586(g) of title 28
        failed to make available to the auditor for inspection
        necessary accounts, papers, documents, financial records,
        files, or other papers, that were requested by the auditor.''.

SEC. 5. TREATMENT OF SERVICEMEMBERS IN FORECLOSURE.

    Section 362(d) of title 11, United States Code, is amended by
adding at the end of the undesignated matter following paragraph (4)
the following: ``In any case under this title involving a
servicemember, as defined in section 101 of the Servicemembers Civil
Relief Act, to whom section 303 of that Act applies, no action may be
taken under this subsection unless the party in interest certifies,
under penalty of perjury, that the requirements of section 303 of the
Servicemembers Civil Relief Act have been met.''.

SEC. 6. EFFECTIVE DATES.

    (a) Remedies; Duty To Address Claims.--The provisions of section
113 and section 362(d) of title 11, United States Code, and paragraph
(9) of section 586(a) of title 28, United States Code, added by this
Act, shall become effective with respect to all cases filed or pending
under title 11, United States Code, on or after the date of enactment
of this Act.
    (b) Auditing of Proofs of Claim.--Section 586(g) of title 28,
United States Code, as added by this Act, shall become effective 18
months after the date of enactment of this Act for all cases filed or
pending on or after that date of enactment, except that the Director of
the Executive Office for United States Trustees may, in the sole
discretion of the Director, establish an earlier effective date by
publishing notice in the Federal Register at least 2 weeks before the
proposed effective date.

Summary: Fighting Fraud in Bankruptcy Act of 2011 - Amends federal bankruptcy law to prescribe remedies, including civil penalties, for a negligent, reckless, or fraudulent assertion of claim in a bankruptcy proceeding under either chapter 7 (liquidation) or chapter 13 . Prohibits the court, in any case involving a service member, from granting relief from an automatic stay upon request of a party in interest unless such party certifies under penalty of perjury that the requirements of the Servicemembers Civil Relief Act pertaining to mortgages used as security on real or personal property have been met. Amends the federal judicial code to confer upon the US trustee the duty to exercise the trustee's powers and authorities to prevent or remedy any negligent, reckless, or fraudulent assertion of a claim. Requires the Director of the Executive Office for US Trustees to establish specified audit procedures to determine the accuracy, veracity, and completeness of proofs of claim filed under federal bankruptcy laws.

A bill to address remedies in bankruptcy for negligent, reckless, or fraudulent assertion of claim.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spending Reduction Act''.

SEC. 2. REQUIREMENT FOR AGENCY REPORTS ON REDUCING DUPLICATION,
              ACHIEVING SAVINGS, AND ENHANCING REVENUE.

    (a) Report Requirement.--Not later than 90 days after the date of
the enactment of this Act, the head of each executive agency shall
submit to the President and Congress a report on the implementation of
recommendations made by the following reports of the Government
Accountability Office:
            (1) The March 2011 Government Accountability Office report
        to Congress titled ``Opportunities to Reduce Potential
        Duplication in Government Programs, Save Tax Dollars, and
        Enhance Revenue'' (GAO-11-318SP).
            (2) The February 2012 Government Accountability Office
        report to Congress titled ``Opportunities to Reduce
        Duplication, Overlap and Fragmentation, Achieve Savings, and
        Enhance Revenue'' (GAO-12-342SP).
            (3) The April 2013 Government Accountability Office report
        to Congress titled ``Actions Needed to Reduce Fragmentation,
        Overlap, and Duplication and Achieve Other Financial Benefits''
        (GAO-13-279SP).
    (b) Matters Covered in Reports.--Each report required by subsection
(a) shall include the following:
            (1) A discussion by the head of the executive agency of
        matters on which the agency agrees, disagrees, or partially
        agrees with the Government Accountability Office, and
        recommendations by the head of the agency for actions that
        should be taken in the agency as a result of the reports
        described in subsection (a).
            (2) An opinion by the Comptroller General of the United
        States on whether each such recommendation by the head of the
        executive agency under paragraph (1) is consistent with the
        intent of the Government Accountability Office reports
        described in subsection (a).
            (3) A proposal for legislative changes, if any, necessary
        to implement the recommendations by the head of the executive
        agency under paragraph (1).
            (4) A statement of the annual impact on costs to the
        Federal Government, including cost savings, expected to occur
        as a result of the implementation of such recommendations.
            (5) Such other information as the head of the executive
        agency determines appropriate.

SEC. 3. IMPLEMENTATION.

    (a) Implementation.--Not later than 150 days after the date of the
enactment of this Act, the head of each executive agency shall begin to
implement the recommendations submitted in the report by the head of
that agency under section 2, in order to eliminate, consolidate,
streamline, or better coordinate Government programs and agencies with
duplicative, overlapping, or fragmented missions identified in the
Government Accountability Office reports described in section 2(a).
    (b) Congressional Disapproval.--
            (1) The head of an executive agency may not carry out any
        recommendations contained in the report submitted to Congress
        under section 2 by the head of the agency if a joint resolution
        is enacted, in accordance with the provisions of section 4,
        disapproving such recommendations before the earlier of--
                    (A) the end of the 45-day period beginning on the
                date on which the head of the executive agency submits
                such report; or
                    (B) the adjournment of Congress sine die for the
                session during which such report is submitted.
            (2) For purposes of paragraph (1) of this subsection and
        subsections (a) and (b) of section 4, the days on which either
        House of Congress is not in session because of an adjournment
        of more than three days to a day certain shall be excluded in
        the computation of a period.

SEC. 4. CONGRESSIONAL CONSIDERATION OF EXECUTIVE AGENCY REPORT.

    (a) Terms of the Resolution.--For purposes of section 3(b), the
term ``joint resolution'' means only a joint resolution which is
introduced within the 10-day period beginning on the date on which the
head of an executive agency submits the report relating to that
executive agency to Congress under section 2, and--
            (1) which does not have a preamble;
            (2) the matter after the resolving clause of which is as
        follows: ``That Congress disapproves the recommendations as
        submitted by _____ on _____'', the first blank space being
        filled in with the title of the head of the executive agency
        submitting the report, and the second blank space being filled
        in with the appropriate date; and
            (3) the title of which is as follows: ``Joint resolution
        disapproving the recommendations of the ______.'', the blank
        space being filled in with the title of the head of the
        executive agency submitting the report.
    (b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
committee with jurisdiction over the executive agency concerned. A
resolution described in subsection (a) introduced in the Senate shall
be referred to the committee with jurisdiction over the executive
agency concerned.
    (c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such a resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the head of the executive agency concerned submits the
report to the Congress under section 2, such committee shall be, at the
end of such period, discharged from further consideration of such
resolution, and such resolution shall be placed on the appropriate
calendar of the House involved.
    (d) Consideration.--(1) On or after the third day after the date on
which the committee to which such a resolution is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a resolution, it is in order (even though a
previous motion to the same effect has been disagreed to) for any
Member of the respective House to move to proceed to the consideration
of the resolution. A Member may make the motion only on the day after
the calendar day on which the Member announces to the House concerned
the Member's intention to make the motion, except that, in the case of
the House of Representatives, the motion may be made without such prior
announcement if the motion is made by direction of the committee to
which the resolution was referred. All points of order against the
resolution (and against consideration of the resolution) are waived.
The motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the resolution
is agreed to, the respective House shall immediately proceed to
consideration of the joint resolution without intervening motion,
order, or other business, and the resolution shall remain the
unfinished business of the respective House until disposed of.
    (2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
    (3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
    (4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by
one House of a resolution of that House described in subsection (a),
that House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
            (A) The resolution of the other House shall not be referred
        to a committee and may not be considered in the House receiving
        it except in the case of final passage as provided in
        subparagraph (B)(ii).
            (B) With respect to a resolution described in subsection
        (a) of the House receiving the resolution--
                    (i) the procedure in that House shall be the same
                as if no resolution had been received from the other
                House; but
                    (ii) the vote on final passage shall be on the
                resolution of the other House.
    (2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by
Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, respectively, and as such it is
        deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of a resolution described in subsection
        (a), and it supersedes other rules only to the extent that it
        is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

SEC. 5. DEFINITION.

    In this Act, the term ``executive agency'' has the meaning provided
in section 133 of title 41, United States Code.

Summary: Spending Reduction Act - Requires the head of each executive agency to submit to the President and Congress a report on the implementation of recommendations made by specified Government Accountability Office (GAO) reports on reducing duplication in government programs, achieving savings, and enhancing revenue. Requires: (1) such agency reports to include recommendations by the agency heads for actions that should be taken as a result of such GAO reports. And (2) agency heads to begin implementation of such recommendations in order to eliminate, consolidate, streamline, or better coordinate government programs and agencies with duplicative, overlapping, or fragmented missions identified in the GAO reports, unless Congress enacts a joint resolution disapproving them.

Spending Reduction Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coordinated Recovery Initiative for
Babies Act of 2014'' or the ``CRIB Act of 2014''.

SEC. 2. IDENTIFICATION, TREATMENT, AND SURVEILLANCE OF NEONATAL
              ABSTINENCE SYNDROME.

    (a) Study.--The Secretary of Health and Human Services (in this Act
referred to as the ``Secretary'') shall conduct a study to identify--
            (1) the most effective and beneficial methods that are
        currently available to identify the need for treating and best
        treatment methods for, infants diagnosed with neonatal
        abstinence syndrome;
            (2) barriers, including associated costs and limitations or
        disparities in the availability or scope of health insurance
        coverage, that may hinder the clinical use of best practices by
        medical professionals and other health care providers for the
        identification and treatment of neonatal abstinence syndrome;
            (3) circumstances, such as populations with unique needs
        and health care settings with limited resources, that may
        require particularized best practices for medical professionals
        and other health care providers for the identification and
        treatment of neonatal abstinence syndrome;
            (4) existing surveillance measures within the Department of
        Health and Human Services (in this Act referred to as the
        ``Department'') and in State health agencies relating to
        neonatal abstinence syndrome; and
            (5) areas in which information on neonatal abstinence
        syndrome and its surrounding circumstances is insufficient,
        incomplete, or requires further study or analysis.
    (b) Advisory Panel.--
            (1) Establishment.--The Secretary shall convene an advisory
        panel (in this section referred to as the ``Panel'') to
        identify and compile the best practices under subsection (c).
        The Secretary shall reconvene the Panel for such purpose
        whenever the Secretary, with the advice of the Panel,
        determines updates are needed to the list of best practices
        under subsection (e), but no less than every 2 years.
            (2) Members.--The Panel shall be composed of 19 members,
        all of whom shall be medical professionals or health care
        providers with expertise in neonatal abstinence syndrome.
        Members shall represent the broad range of such professionals
        and providers necessary to identify and compile the best
        practices for identification and treatment of neonatal
        abstinence syndrome, including representatives of--
                    (A) The American Academy of Family Physicians.
                    (B) The American Academy of Pediatrics.
                    (C) The American Academy of Physician Assistants.
                    (D) The American College of Nurse-Midwives.
                    (E) The American College of Obstetricians and
                Gynecologists.
                    (F) The American Hospital Association.
                    (G) The American Medical Association.
                    (H) The American Nurses Association.
                    (I) The American Pharmacists Association.
                    (J) The American Public Health Association.
                    (K) The American Society for Addiction Medicine.
                    (L) The American Society of Anesthesiologists.
                    (M) The Association of State and Territorial Health
                Professionals.
                    (N) The Association of Women's Health, Obstetric,
                and Neonatal Nurses.
                    (O) The Children's Hospital Association.
                    (P) The National Association of Medicaid Directors.
                    (Q) The National Association of Nurse Practitioners
                in Women's Health.
                    (R) The National Association of Pediatric Nurse
                Practitioners.
                    (S) The National Association of Social Workers.
            (3) Administrative support.--The Secretary shall provide
        appropriate administrative support, including technical
        assistance, to the Panel.
    (c) Best Practices; Plan; Report.--Not later than 12 months after
the date of enactment of this Act, the Secretary shall--
            (1)(A) identify and compile the best practices for medical
        professionals and other health care providers for identifying
        and treating neonatal abstinence syndrome; and
            (B) identify any gaps in best practices for medical
        professionals and other health care providers that may require
        additional research or analysis;
            (2) develop and implement a plan for the coordination and,
        if necessary, expansion and enhancement of public health
        surveillance of neonatal abstinence syndrome that--
                    (A) identifies the data necessary for a public
                health response to neonatal abstinence syndrome;
                    (B) identifies any gaps in current surveillance or
                coordination that results in the lack of collection of
                such data, including a lack of timeliness or
                standardization of data reporting;
                    (C) makes recommendations and provides assistance
                to the States to implement effective measures to
                collect such necessary data by State health agencies;
                and
                    (D) designates an appropriate agency in the
                Department to coordinate such data; and
            (3) not later than 18 months after the date of enactment of
        this Act, submit to the Congress a report containing the
        Secretary's findings and identifying issues that--
                    (A) relate to neonatal abstinence syndrome,
                including its causes, identification, treatment,
                prevalence, and effects; and
                    (B) public health issues related to neonatal
                abstinence syndrome that would benefit from further
                study.
    (d) Dissemination of Best Practices.--The Secretary--
            (1) shall disseminate the best practices identified and
        compiled under subsection (c), including any updates under
        subsection (e), directly or through arrangements with nonprofit
        organizations, government agencies, or the media;
            (2) shall post such best practices on the public Internet
        site of the Department; and
            (3) may include in such dissemination any supplemental
        information which the Secretary determines to be relevant and
        appropriate, in consultation with the Panel.
    (e) Updates to Best Practices.--The Secretary shall periodically,
but no less often than every 2 years, review the best practices
identified under subsection (c) to ensure that such best practices are
up-to-date and reflect the views of the medical community, including
organizations listed in subsection (b)(2).
    (f) Appropriate Agency.--In designating an appropriate agency
within the Department under subsection (c), the Secretary shall
consider, among other factors, agency resources, purpose, expertise,
and capability to conduct public health programs and research.

Summary: Coordinated Recovery Initiative for Babies Act of 2014 or the CRIB Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to study the treatment and surveillance of, and available information concerning, neonatal abstinence syndrome . Requires the Secretary to establish an advisory panel to identify and compile best practices and to disseminate the practices, including through the public HHS website. Requires a review of the best practices at least every two years.

CRIB Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Amendments Act of
2003''.

SEC. 2. AMENDMENTS TO CIVIL RIGHTS ACT OF 1964.

    (a) Public Accommodations.--(1) Section 201(a) of the Civil Rights
Act of 1964 (42 U.S.C. 2000a(a)) is amended by striking ``religion,''
and inserting ``religion, affectional or sexual orientation,''.
    (2) Section 202 of such Act (42 U.S.C. 2000a-1) is amended by
striking ``religion,'' and inserting ``religion, affectional or sexual
orientation.''.
    (b) Public Facilities.--Section 301(a) of such Act (42 U.S.C.
2000b(a)) is amended by striking ``religion,'' and inserting
``religion, affectional or sexual orientation,''.
    (c) Federally Assisted Programs.--Section 601 of such Act (42
U.S.C. 2000d) is amended by striking ``color,'' and inserting ``color,
affectional or sexual orientation,''.
    (d) Equal Employment Opportunities.--(1) Sections 703(a), 703(b),
703(c), 703(d), 703(e), 703(h), 703(j), 704(b), 706(g), and 717(a) of
such Act (42 U.S.C. 2000e-2(a), 2000e-2(b), 2000e-2(c), 2000e-2(d),
2000e-(e), 2000e-2(h), 2000e-2(j), 2000e-3(b), 2000e-5(g), and 2000e-
16(a)) are amended by striking ``sex,'' each place it appears and
inserting ``sex, affectional or sexual orientation,''.
    (2) Section 717(c) of such Act (42 U.S.C. 2000e-16(c)) is amended
by striking ``sex'' and inserting ``sex, affectional or sexual
orientation,''.
    (3) Section 703(h) of such Act (42 U.S.C. 2000e-2(h)) is amended by
striking ``sex'' the first place it appears and inserting ``sex,
affectional or sexual orientation,''.
    (4) The heading of section 703 of such Act is amended by striking
``sex,'' and inserting ``sex, affectional or sexual orientation,''.
    (e) Intervention by Attorney General in Civil Rights Cases.--
Section 902 of such Act (42 U.S.C. 2000h-2) is amended by striking
``sex'' and inserting ``sex, affectional or sexual orientation,''.
    (f) Definition; Rules of Interpretation.--Title XI of such Act (42
U.S.C. 2000h et seq.) is amended by adding at the end the following new
section:

                  ``affectional or sexual orientation

    ``Sec. 1107. (a) Definition.--For purposes of titles II, III, VI,
VII, and IX of this Act, the term `affectional or sexual orientation'
means male or female homosexuality, heterosexuality, and bisexuality by
orientation or practice, by and between consenting adults.
    ``(b) Rules of Interpretation.--(1) Nothing in this Act shall be
construed to permit or require--
            ``(A) that a finding of discrimination on the basis of
        affectional or sexual orientation be based on any statistical
        differences in the incidence of persons of a particular
        affectional or sexual orientation in the general population as
        opposed to the incidence of such persons in the activity
        concerned; or
            ``(B) the use of any quota as a remedy for discrimination
        on the basis of affectional or sexual orientation.
    ``(2) Nothing in this Act shall be construed to require any person
to disclose a personal affectional or sexual orientation.''.

SEC. 3. AMENDMENTS TO FAIR HOUSING ACT.

    (a) Housing Sale and Rental, Residential Real-Estate-Related
Transactions, and Brokerage Services.--(1) Section 804 of the Civil
Rights Act of 1968 (42 U.S.C. 3604) is amended by striking
``religion,'' each place it appears and inserting ``religion,
affectional and sexual orientation (as such term is defined in section
802(p)),''.
    (2) Section 805 of such Act (42 U.S.C. 3605) is amended by striking
``religion,'' each place it appears and inserting ``religion,
affectional or sexual orientation (as such term is defined in section
802(p)),''.
    (3) Section 806 of such Act (42 U.S.C. 3606) is amended by striking
``religion,'' and inserting ``religion, affectional or sexual
orientation (as such term is defined in section 802(p)),''.
    (b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended by striking ``religion,'' each
place it appears and inserting ``religion, affectional or sexual
orientation (as such term is defined in section 802(p)),''.
    (c) Definition.--Section 802 of the Civil Rights Act of 1968 (42
U.S.C. 3602) is amended by adding at the end the following new
subsection:
    ``(p) `Affectional or sexual orientation' means male or female
homosexuality, heterosexuality, and bisexuality by orientation or
practice, by and between consenting adults.''.
    (d) Rules of Interpretation.--(1) Title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.) is amended by adding at the end
the following new section:

 ``rules of interpretation regarding affectional or sexual orientation

    ``Sec. 821. (a) Findings of Discrimination; Quotas.--Nothing in
this Act shall be construed to permit or require--
            ``(1) that a finding of discrimination on the basis of
        affectional or sexual orientation be based on any statistical
        differences in the incidence of persons of a particular
        affectional or sexual orientation in the general population as
        opposed to the incidence of such persons in the activity
        concerned; or
            ``(2) the use of any quota as a remedy for discrimination
        on the basis of affectional or sexual orientation.
    ``(b) Protection of Privacy Rights.--Nothing in this Act shall be
construed to require any person to disclose a personal affectional or
sexual orientation.''.
    (2) Title IX of such Act (42 U.S.C. 3631 et seq.) is amended by
adding at the end the following new section:

   ``application of rules of interpretation regarding affectional or
                           sexual orientation

    ``Sec. 902. The provisions of this title are subject to the rules
of interpretation described in section 821 of this Act.''.

Summary: Civil Rights Amendments Act of 2003 - Amends the Civil Rights Act of 1964 to prohibit discrimination on the basis of affectional or sexual orientation with respect to: (1) public accommodations, (2) public facilities, (3) federally assisted programs, (5) equal employment opportunities, (6) housing sales and rentals, and (7) brokerage services.

To amend the Civil Rights Act of 1964 and the Fair Housing Act to prohibit discrimination on the basis of affectional or sexual orientation, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Sergei Magnitsky Act of
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States supports the people of the Russian
        Federation in their efforts to realize their full economic
        potential and to advance democracy, human rights, and the rule
        of law.
            (2) The Russian Federation--
                    (A) is a member of the United Nations, the
                Organization for Security and Cooperation in Europe,
                and the International Monetary Fund;
                    (B) has ratified the Convention against Torture and
                Other Cruel, Inhuman or Degrading Treatment or
                Punishment, the International Covenant on Civil and
                Political Rights, the International Covenant on
                Economic, Social and Cultural Rights, and the United
                Nations Convention against Corruption; and
                    (C) is bound by the legal obligations set forth in
                the European Convention on Human Rights.
            (3) States voluntarily commit themselves to respect
        obligations and responsibilities through the adoption of
        international agreements and treaties, which must be observed
        in good faith in order to maintain the stability of the
        international order. Human rights are an integral part of
        international law, and lie at the foundation of the
        international order. The protection of human rights, therefore,
        particularly in the case of a country that has incurred
        obligations to protect human rights under an international
        agreement to which it is a party, is not left exclusively to
        the internal affairs of that country.
            (4) Good governance and anti-corruption measures are
        instrumental in the protection of human rights and in achieving
        sustainable economic growth, which benefits both the people of
        the Russian Federation and the international community through
        the creation of open and transparent markets.
            (5) Systemic corruption erodes trust and confidence in
        democratic institutions, the rule of law, and human rights
        protections. This is the case when public officials are allowed
        to abuse their authority with impunity for political or
        financial gains in collusion with private entities.
            (6) The President of the Russian Federation, Dmitry
        Medvedev, has addressed corruption in many public speeches,
        including stating in his 2009 address to Russia's Federal
        Assembly, ``[Z]ero tolerance of corruption should become part
        of our national culture. . . . In Russia we often say that
        there are few cases in which corrupt officials are prosecuted.
        . . . [S]imply incarcerating a few will not resolve the
        problem. But incarcerated they must be.''. President Medvedev
        went on to say, ``We shall overcome underdevelopment and
        corruption because we are a strong and free people, and deserve
        a normal life in a modern, prosperous democratic society.''.
        Furthermore, President Medvedev has acknowledged Russia's
        disregard for the rule of law and used the term ``legal
        nihilism'' to describe a criminal justice system that continues
        to imprison innocent people.
            (7) The systematic abuse of Sergei Magnitsky, including his
        repressive arrest and torture in custody by the same officers
        of the Ministry of the Interior of the Russian Federation that
        Mr. Magnitsky had implicated in the embezzlement of funds from
        the Russian Treasury and the misappropriation of 3 companies
        from his client, Hermitage, reflects how deeply the protection
        of human rights is affected by corruption.
            (8) The denial by all state bodies of the Russian
        Federation of any justice or legal remedies to Mr. Magnitsky
        during the nearly 12 full months he was kept without trial in
        detention, and the impunity of state officials he testified
        against for their involvement in corruption and the carrying
        out of his repressive persecution since his death, shows the
        politically motivated nature of the persecution of Mr.
        Magnitsky.
            (9) Mr. Magnitsky died on November 16, 2009, at the age of
        37, in Matrosskaya Tishina Prison in Moscow, Russia, and is
        survived by a mother, a wife, and 2 sons.
            (10) There is extensive evidence that public officials from
        the Ministry of the Interior of the Russian Federation, the
        Russian federal tax authorities, the Prosecutor General's
        Office of the Russian Federation, and the Russian Federal
        Security Service, as well as regional courts and the prison
        system of the Russian Federation, have abused their powers and
        positions to commit serious human rights violations, embezzled
        funds from the Russian Treasury, and retaliated against
        whistleblowers.
            (11) While he was in detention, Sergei Magnitsky called
        himself a hostage of officials who misappropriated companies
        from his client, the Hermitage Fund, and embezzled funds from
        the Russian Treasury. He said that his criminal prosecution,
        arrest, and detention were organized as a retribution by police
        officers who had the full knowledge of his innocence.
            (12) The Public Oversight Commission of the City of Moscow
        for the Control of the Observance of Human Rights in Places of
        Forced Detention, an organization empowered by Russian law to
        independently monitor prison conditions, concluded, ``A man who
        is kept in custody and is being detained is not capable of
        using all the necessary means to protect either his life or his
        health. This is a responsibility of a state which holds him
        captive. Therefore, the case of Sergei Magnitsky can be
        described as a breach of the right to life. The members of the
        civic supervisory commission have reached the conclusion that
        Magnitsky had been experiencing both psychological and physical
        pressure in custody, and the conditions in some of the wards of
        Butyrka can be justifiably called torturous. The people
        responsible for this must be punished.''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Admitted; alien; spouse.--The terms ``admitted'',
        ``alien'', and ``spouse'' have the meanings given those terms
        in section 101(a) of the Immigration and Nationality Act (8
        U.S.C. 1101(a)).
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the
                Committee on Financial Services of the House of
                Representatives; and
                    (B) the Committee on Foreign Relations and the
                Committee on Banking, Housing, and Urban Affairs of the
                Senate.
            (3) Financial institution; domestic financial agency;
        domestic financial institution.--The terms ``financial
        institution'', ``domestic financial agency'', and ``domestic
        financial institution'' have the meanings given those terms in
        section 5312 of title 31, United States Code.
            (4) Parent.--The term ``parent'' has the meaning given that
        term in section 101(b) of the Immigration and Nationality Act
        (8 U.S.C. 1101(b)).
            (5) United states person.--The term ``United States
        person'' means--
                    (A) a United States citizen or an alien lawfully
                admitted for permanent residence to the United States;
                or
                    (B) an entity organized under the laws of the
                United States or of any jurisdiction within the United
                States, including a foreign branch of such an entity.

SEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE DETENTION,
              ABUSE, AND DEATH OF SERGEI MAGNITSKY AND FOR THE
              CONSPIRACY TO DEFRAUD THE RUSSIAN FEDERATION OF TAXES ON
              CERTAIN CORPORATE PROFITS.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall publish a list of each individual the
Secretary has reason to believe--
            (1) is responsible for the detention, abuse, or death of
        Sergei Magnitsky;
            (2) conspired to defraud the Russian Federation of taxes on
        corporate profits through fraudulent transactions and lawsuits
        against the foreign investment company known as Hermitage and
        to misappropriate entities owned or controlled by Hermitage; or
            (3) participated in efforts to conceal the detention,
        abuse, or death of Sergei Magnitsky described in paragraph (1)
        or the existence of the conspiracy described in paragraph (2).
    (b) Updates.--The Secretary of State shall update the list required
by subsection (a) as new information becomes available.
    (c) Notice.--The Secretary of State shall, to the maximum extent
practicable, provide notice and an opportunity for a hearing to an
individual before the individual is placed on the list required by
subsection (a).

SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.

    (a) Ineligibility for Visas.--An alien is ineligible to receive a
visa to enter the United States and ineligible to be admitted to the
United States if the alien--
            (1) is an individual on the list required by section 4(a);
        or
            (2) is the spouse, son, daughter, or parent of an
        individual on that list.
    (b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), the visa or other documentation of any alien who
would be ineligible to receive such a visa or documentation under
subsection (a).
    (c) Waiver for National Interests.--The Secretary of State may
waive the application of subsection (a) or (b) in the case of an alien
if the Secretary determines that such a waiver is in the national
interests of the United States. Upon granting such a waiver, the
Secretary shall provide to the appropriate congressional committees
notice of, and a justification for, the waiver.

SEC. 6. FINANCIAL MEASURES.

    (a) Special Measures.--The Secretary of the Treasury shall instruct
domestic financial institutions and domestic financial agencies to take
1 or more special measures described in section 5318A(b) of title 31,
United States Code, if the Secretary of the Treasury makes a
determination under section 5318A of such title with respect to money
laundering relating to the conspiracy described in section 4(a)(2).
    (b) Freezing of Assets.--The Secretary of the Treasury shall freeze
and prohibit all transactions in all property and interests in property
of an individual that are in the United States, that come within the
United States, or that are or come within the possession or control of
a United States person if the individual--
            (1) is on the list required by section 4(a); or
            (2) acts as an agent of or on behalf of an individual on
        the list in a matter relating to an act described in paragraph
        (1), (2), or (3) of section 4(a).
    (c) Waiver for National Interests.--The Secretary of the Treasury
may waive the application of subsection (a) or (b) if the Secretary
determines that such a waiver is in the national interests of the
United States. Upon granting such a waiver, the Secretary shall provide
to the appropriate congressional committees notice of, and a
justification for, the waiver.
    (d) Regulatory Authority.--The Secretary of the Treasury shall
issue such regulations, licenses, and orders as are necessary to carry
out this section.
    (e) Enforcement.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section shall be
subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of such section.

SEC. 7. REPORT TO CONGRESS.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of the
Treasury shall submit to the appropriate congressional committees a
report on the actions taken to carry out this Act.
    (b) Updates.--The Secretary of State and the Secretary of the
Treasury shall submit an updated version of the report required by
subsection (a) as new information becomes available.

SEC. 8. EFFECTIVE DATE.

    This Act shall take effect on the date that is 90 days after the
date of the enactment of this Act.

SEC. 9. TERMINATION.

    The provisions of this Act shall cease to be effective on the date
on which the Secretary of State and the Secretary of the Treasury
certify to the appropriate congressional committees that--
            (1) the Government of the Russian Federation has conducted
        a thorough and impartial investigation into--
                    (A) the detention, abuse, and resulting death in
                custody of Sergei Magnitsky; and
                    (B) the conspiracy (described in section 4(a)(2))
                to defraud the Russian Federation of taxes on corporate
                profits and to misappropriate entities owned or
                controlled by Hermitage;
            (2) the investigation described in paragraph (1) was
        properly conducted, transparent, and free of political
        influence;
            (3) the individuals responsible for the detention, abuse,
        or resulting death of Sergei Magnitsky or for the conspiracy
        referred to in paragraph (1)(B) have been brought to justice
        according to the laws of the Russian Federation and pursuant to
        the international legal obligations of the Russian Federation;
        and
            (4) the Government of the Russian Federation--
                    (A) has taken significant steps to bring the
                criminal justice system and penal system of the Russian
                Federation into compliance with applicable
                international legal standards;
                    (B) has substantially strengthened statutory
                protections for individuals who disclose evidence of
                illegal government activities; and
                    (C) has recognized the contribution of Sergei
                Magnitsky to the fight against corruption and for the
                rule of law.

Summary: Justice for Sergei Magnitsky Act of 2010 - Directs the Secretary of State to publish a list of each individual the Secretary believes: (1) is responsible for the detention, abuse, or death of Sergei Magnitsky. (2) conspired to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against the foreign investment company known as Hermitage and to misappropriate Hermitage-owned entities. Or (3) participated in efforts to conceal Mr. Magnitsky's detention, abuse, or death, or the existence of such conspiracy. Makes an alien on such list or a family member ineligible to enter or be admitted to the United States. Revokes any visa issued for such person. Authorizes the Secretary to waive such prohibition if in the US national interest. Directs the Secretary of the Treasury to: (1) instruct domestic financial institutions and agencies to take specified measures if the Secretary makes a money laundering determination relating to such conspiracy. And (2) freeze and prohibit US property transactions of an individual who is on such list or acts as an agent for an individual on the list. Authorizes the Secretary to waive such actions if in the US national interest. States that this Act shall cease to be effective when the Secretary of State and the Secretary of the Treasury certify to Congress that: (1) the government of the Russian Federation has conducted a thorough and transparent investigation into Mr. Magnitsky's detention and death, and the related conspiracy: (2) the responsible individuals have been brought to justice according to the Russian Federation's laws and pursuant to its international legal obligations. And (3) the government of the Russian Federation has taken steps to bring its criminal justice and penal systems into compliance with international legal standards, has strengthened statutory protections for individuals who disclose evidence of illegal government activities, and has recognized Sergei Magnitsky's contribution to the fight against corruption and for the rule of law.

A bill to require the Secretary of State to identify individuals responsible for the detention, abuse, or death of Sergei Magnitsky or for the conspiracy to defraud the Russian Federation of taxes on corporate profits through fraudulent transactions and lawsuits against Hermitage, and to impose a visa ban and certain financial measures with respect to such individuals, until the Russian Federation has thoroughly investigated the death of Sergei Magnitsky and brought the Russian criminal justice system into compliance with international legal standards, and for other purposes.