Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Litigation Savings Act''.

SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

    (a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)----
                            (i) by inserting after the first sentence
                        the following: ``Fees and other expenses may be
                        awarded under this subsection only to a
                        prevailing party who has a direct and personal
                        interest in the adversary adjudication because
                        of medical costs, property damage, denial of
                        benefits, unpaid disbursement, fees and other
                        expenses incurred in defense of the
                        adjudication, interest in a policy concerning
                        such medical costs, property damage, denial of
                        benefits, unpaid disbursement, or fees and
                        other expenses, or otherwise.''; and
                            (ii) by adding at the end the following:
                        ``The agency conducting the adversary
                        adjudication shall make any party against whom
                        the adjudication is brought, at the time the
                        adjudication is commenced, aware of the
                        provisions of this section.''; and
                    (B) in paragraph (3), in the first sentence--
                            (i) by striking ``may reduce'' and
                        inserting ``shall reduce''; and
                            (ii) by striking ``unduly and
                        unreasonably'' and inserting ``unduly or
                        unreasonably'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A)(ii), by striking ``$125 per
                hour'' and all that follows through the end and
                inserting ``$200 per hour.);''; and
                    (B) in subparagraph (B)(ii), by striking ``; except
                that'' and all that follows through ``section 601;''
                and inserting ``except that--
                    ``(I) the net worth of a party (other than an
                individual or a unit of local government) shall include
                the net worth of any parent entity or subsidiary of
                that party; and
                    ``(II) for purposes of subclause (I)--
                            ``(aa) a `parent entity' of a party is an
                        entity that owns or controls the equity or
                        other evidences of ownership in that party; and
                            ``(bb) a `subsidiary' of a party is an
                        entity the equity or other evidences of
                        ownership in which are owned or controlled by
                        that party;'';
            (3) in subsection (c)(1), by striking ``, United States
        Code''; and
            (4) by striking subsections (e) and (f) and inserting the
        following:
    ``(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for Advocacy
of the Small Business Administration, shall report annually to the
Congress on the amount of fees and other expenses awarded during the
preceding fiscal year pursuant to this section. The report shall
describe the number, nature, and amount of the awards, the claims
involved in the controversy, and any other relevant information that
may aid the Congress in evaluating the scope and impact of such awards.
Each agency shall provide the Chairman in a timely manner all
information necessary for the Chairman to comply with the requirements
of this subsection. The report shall be made available to the public
online.
    ``(2)(A) The report required by paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions, except that any version of the report made available to the
public may not reveal any information the disclosure of which is
contrary to the national security of the United States.
    ``(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.
    ``(f) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this section:
            ``(1) The name of each party to whom the award was made.
            ``(2) The name of each counsel of record representing each
        party to whom the award was made.
            ``(3) The agency to which the application for the award was
        made.
            ``(4) The name of each counsel of record representing the
        agency to which the application for the award was made.
            ``(5) The name of each administrative law judge, and the
        name of any other agency employee serving in an adjudicative
        role, in the adversary adjudication that is the subject of the
        application for the award.
            ``(6) The amount of the award.
            ``(7) The names and hourly rates of each expert witness for
        whose services the award was made under the application.
            ``(8) The basis for the finding that the position of the
        agency concerned was not substantially justified.
    ``(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or court order, or the disclosure of which is contrary to the
national security of the United States.
    ``(h) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for
the fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.''.
    (b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended--
            (1) by amending paragraph (1)(A) to read as follows: ``(A)
        Except as otherwise specifically provided by statute, a court,
        in any civil action (other than cases sounding in tort),
        including proceedings for judicial review of agency action,
        brought by or against the United States in any court having
        jurisdiction of that action, shall award to a prevailing party
        (other than the United States) fees and other expenses, in
        addition to any costs awarded pursuant to subsection (a),
        incurred by that party in the civil action, unless the court
        finds that the position of the United States was substantially
        justified or that special circumstances make an award unjust.
        Fees and other expenses may be awarded under this paragraph
        only to a prevailing party who has a direct and personal
        interest in the civil action because of medical costs, property
        damage, denial of benefits, unpaid disbursement, fees and other
        expenses incurred in defense of the civil action, interest in a
        policy concerning such medical costs, property damage, denial
        of benefits, unpaid disbursement, or fees and other expenses,
        or otherwise.'';
            (2) in paragraph (1)(C)--
                    (A) by striking ``court, in its discretion, may''
                and inserting ``court shall''; and
                    (B) by striking ``unduly and unreasonably'' and
                inserting ``unduly or unreasonably'';
            (3) in paragraph (2)--
                    (A) in subparagraph (A)(ii), by striking ``$125''
                and all that follows through the end and inserting
                ``$200 per hour.);'';
                    (B) in subparagraph (B)(ii), by striking ``; except
                that'' and all that follows through ``section 601 of
                title 5;'' and inserting ``except that--
                    ``(I) the net worth of a party (other than an
                individual or a unit of local government) shall include
                the net worth of any parent entity or subsidiary of
                that party; and
                    ``(II) for purposes of subclause (I)--
                            ``(aa) a `parent entity' of a party is an
                        entity that owns or controls the equity or
                        other evidences of ownership in that party; and
                            ``(bb) a `subsidiary' of a party is an
                        entity the equity or other evidences of
                        ownership in which are owned or controlled by
                        that party;''; and
            (4) by adding at the end the following:
    ``(5) The Director of the Office of Management and Budget shall
adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the
fiscal year beginning October 1, 2012, and for each fiscal year
thereafter, to reflect changes in the Consumer Price Index, as
determined by the Secretary of Labor.
    ``(6)(A) The Chairman of the Administrative Conference of the
United States shall report annually to the Congress on the amount of
fees and other expenses awarded during the preceding fiscal year
pursuant to this subsection. The report shall describe the number,
nature, and amount of the awards, the claims involved in each
controversy, and any other relevant information which may aid the
Congress in evaluating the scope and impact of such awards. Each agency
shall provide the Chairman with such information as is necessary for
the Chairman to comply with the requirements of this paragraph. The
report shall be made available to the public online.
    ``(B)(i) The report required by subparagraph (A) shall account for
all payments of fees and other expenses awarded under this subsection
that are made pursuant to a settlement agreement, regardless of whether
the settlement agreement is sealed or otherwise subject to
nondisclosure provisions, except that any version of the report made
available to the public may not reveal any information the disclosure
of which is contrary to the national security of the United States.
    ``(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
    ``(C) The Chairman of the Administrative Conference shall include
and clearly identify in the annual report under subparagraph (A), for
each case in which an award of fees and other expenses is included in
the report--
            ``(i) any amounts paid from section 1304 of title 31 for a
        judgment in the case;
            ``(ii) the amount of the award of fees and other expenses;
        and
            ``(iii) the statute under which the plaintiff filed suit.
    ``(7) The Chairman of the Administrative Conference shall create
and maintain online a searchable database containing the following
information with respect to each award of fees and other expenses under
this subsection:
            ``(A) The name of each party to whom the award was made.
            ``(B) The name of each counsel of record representing each
        party to whom the award was made.
            ``(C) The agency involved in the case.
            ``(D) The name of each counsel of record representing the
        agency involved in the case.
            ``(E) The name of each judge in the case, and the court in
        which the case was heard.
            ``(F) The amount of the award.
            ``(G) The names and hourly rates of each expert witness for
        whose services the award was made.
            ``(H) The basis for the finding that the position of the
        agency concerned was not substantially justified.
    ``(8) The online searchable database described in paragraph (7) may
not reveal any information the disclosure of which is prohibited by law
or court order, or the disclosure of which is contrary to the national
security of the United States.
    ``(9) The Attorney General of the United States shall provide to
the Chairman of the Administrative Conference of the United States in a
timely manner all information necessary for the Chairman to carry out
the Chairman's responsibilities under this subsection.''.
    (c) Clerical Amendment.--Section 2412(e) of title 28, United States
Code, is amended by striking ``of section 2412 of title 28, United
States Code,'' and inserting ``of this section''.

SEC. 3. GAO STUDY.

    Not later than 30 days after the date of the enactment of this Act,
the Comptroller General shall commence an audit of the implementation
of the Equal Access to Justice Act for the years 1995 through the end
of the calendar year in which this Act is enacted. The Comptroller
General shall, to the extent practical, not later than 1 year after the
end of the calendar year in which this Act is enacted, complete such
audit and submit to the Congress a report on the results of the audit.

Output:
Government Litigation Savings Act - (Sec. 2) Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government.

Restricts awards of fees and other expenses under EAJA to prevailing parties with a direct and personal interest in an adjudication, including because of medical costs, property damage, denial of benefits, an unpaid disbursement, and other expenses of adjudication, or because of a policy interest.

Requires (currently, authorizes) the reduction or denial of an award if the party during the course of the proceedings engaged in conduct which unduly or unreasonably (currently, unduly and unreasonably) protracted the final resolution of the matter in controversy.

Increases to $200 per hour the cap on attorney fees awarded under EAJA and eliminates the cost-of-living and special factor considerations for allowing an increase in the hourly rate for such fees.

Eliminates the net worth exemption for determining eligibility for fees and expenses under EAJA for tax-exempt organizations and cooperative associations under the Agricultural Marketing Act.

Expands the reporting requirements of the Chairman of the Administrative Conference of the United States to require the Chairman to report on fees and expenses awarded pursuant to a settlement agreement and to create and maintain online a searchable database containing detailed information with respect to each award of fees and other expenses under EAJA.

(Sec. 3) Requires the Comptroller General (GAO) to: (1) audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted, (2) complete such audit not later that one year after the end of the calendar year in which this Act is enacted, and (3) report to Congress on the results of such audit.


Input:
SECTION 1. SHORT TITLE, FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Fire Safe
Cigarette Act of 1999''.
    (b) Findings.--Congress finds that--
            (1) cigarette ignited fires are the leading cause of fire
        deaths in the United States;
            (2) in 1996 cigarette ignited fires caused--
                    (A) 1,083 deaths;
                    (B) 2,809 civilian injuries; and
                    (C) $420,000,000 in property damage;
            (3) each year, more than 100 children are killed from
        cigarette-related fires;
            (4) the technical work necessary to achieve a cigarette
        fire safety standard has been accomplished under the Cigarette
        Safety Act of 1984 (15 U.S.C. 2054 note) and the Fire Safe
        Cigarette Act of 1990 (15 U.S.C. 2054 note);
            (5) it is appropriate for Congress to require the
        establishment of a cigarette fire safety standard for the
        manufacture and importation of cigarettes;
            (6) the most recent study by the Consumer Product Safety
        Commission found that the cost of the loss of human life and
        personal property from the absence of a cigarette fire safety
        standard is $6,000,000,000 a year; and
            (7) it is appropriate that the regulatory expertise of the
        Consumer Product Safety Commission be used to implement a
        cigarette fire safety standard.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (2) Cigarette.--The term ``cigarette'' has the meaning
        given that term in section 3 of the Federal Cigarette Labeling
        and Advertising Act (15 U.S.C. 1332).
            (3) Stockpiling.--The term ``stockpiling'' means the
        manufacturing or importing of a cigarette during the period
        beginning on the date of promulgation of a rule under section
        3(a) and ending on the effective date of that rule, at a rate
        greater than the rate at which cigarettes were manufactured or
        imported during the 1-year period immediately preceding the
        date of promulgation of that rule.

SEC. 3. CIGARETTE FIRE SAFETY STANDARD.

    (a) In General.--
            (1) Promulgation of cigarette fire safety standard.--Not
        later than 18 months after the date of enactment of this Act,
        the Commission shall promulgate a rule that establishes a
        cigarette fire safety standard for cigarettes to reduce the
        risk of ignition presented by cigarettes.
            (2) Requirements.--In establishing the cigarette fire
        safety standard under paragraph (1), the Commission shall--
                    (A) consult with the Director of the National
                Institute of Standards and Technology and make use of
                such capabilities of the as the Commission considers
                necessary;
                    (B) seek the advice and expertise of the heads of
                other Federal agencies and State agencies engaged in
                fire safety; and
                    (C) take into account the final report to Congress
                made by the Commission and the Technical Study Group on
                Cigarette and Little Cigar Fire Safety established
                under section 3 of the Fire Safe Cigarette Act of 1990
                (15 U.S.C. 2054 note), that includes a finding that
                cigarettes with a low ignition propensity were already
                on the market at the time of the preparation of the
                report.
    (b) Stockpiling.--The Commission shall include in the rule
promulgated under subsection (a) a prohibition on the stockpiling of
cigarettes covered by the rule.
    (c) Effective Date of Rule.--The rule promulgated under subsection
(a) shall take effect not later than 30 months after the date of the
enactment of this Act.
    (d) Procedure.--
            (1) In general.--The rule under subsection (a) shall be
        promulgated in accordance with section 553 of title 5, United
        States Code.
            (2) Construction.--Except as provided in paragraph (1), no
        other provision of Federal law shall be construed to apply with
        respect to the promulgation of a rule under subsection (a),
        including--
                    (A) the Consumer Product Safety Act (15 U.S.C. 2051
                et seq.);
                    (B) chapter 6 of title 5, United States Code;
                    (C) the National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.); and
                    (D) the Small Business Regulatory Enforcement
                Fairness Act of 1996 (Public Law 104-121) and the
                amendments made by that Act.
    (e) Judicial Review.--
            (1) General rule.--
                    (A) In general.--Any person who is adversely
                affected by the rule promulgated under subsection (a)
                may, at any time before the 60th day after the
                Commission promulgates the rule, file a petition with
                the United States Court of Appeals for the District of
                Columbia Circuit or for any other circuit in which that
                person resides or has its principal place of business
                to obtain judicial review of the rule.
                    (B) Petition.--Upon the filing of a petition under
                subparagraph (A), a copy of the petition shall be
                transmitted by the clerk of the court to the Secretary
                of Commerce. The Commission shall file in the court the
                record of the proceedings on which the Commission based
                the rule, in the same manner as is prescribed for the
                review of an order issued by an agency under section
                2112 of title 28, United States Code.
            (2) Additional evidence.--
                    (A) In general.--With respect to a petition filed
                under paragraph (1), the court may order additional
                evidence (and evidence in rebuttal thereof) to be taken
                before the Commission in a hearing or in such other
                manner, and upon such terms and conditions, as the
                court considers appropriate, if the petitioner--
                            (i) applies to the court for leave to
                        adduce additional evidence; and
                            (ii) demonstrates, to the satisfaction of
                        the court, that--
                                    (I) such additional evidence is
                                material; and
                                    (II) there was no opportunity to
                                adduce such evidence in the proceeding
                                before the Commission.
                    (B) Modification.--With respect to the rule
                promulgated by the Commission under subsection (a), the
                Commission--
                            (i) may modify the findings of fact of the
                        Commission, or make new findings, by reason of
                        any additional evidence taken by a court under
                        subparagraph (A); and
                            (ii) if the Commission makes a modification
                        under clause (i), shall file with the court the
                        modified or new findings, together with such
                        recommendations as the Commission determines to
                        be appropriate, for the modification of the
                        rule, to be promulgated as a final rule under
                        subsection (a).
            (3) Court jurisdiction.--Upon the filing of a petition
        under paragraph (1), the court shall have jurisdiction to
        review the rule of the Commission, as modified under paragraph
        (2), in accordance with chapter 7 of title 5, United States
        Code.
    (f) Small Business Review.--Section 30 of the Small Business Act
(15 U.S.C. 657) shall not apply with respect to--
            (1) a cigarette fire safety standard promulgated by the
        Commission under subsection (a); or
            (2) any agency action taken to enforce that standard.

SEC. 4. ENFORCEMENT.

    (a) Prohibition.--No person may--
            (1) manufacture or import a cigarette, unless the cigarette
        is in compliance with a cigarette fire safety standard
        promulgated under section 3(a); or
            (2) fail to provide information as required under this Act.
    (b) Penalty.--A violation of subsection (a) shall be considered a
violation of section 19 of the Consumer Product Safety Act (15 U.S.C.
2068).

SEC. 5. PREEMPTION.

    (a) In General.--This Act, including the cigarette fire safety
standard promulgated under section 3(a), shall not be construed to
preempt or otherwise affect in any manner any law of a State or
political subdivision thereof that prescribes a fire safety standard
for cigarettes that is more stringent than the standard promulgated
under section 3(a).
    (b) Defenses.--In any civil action for damages, compliance with the
fire safety standard promulgated under section 3(a) may not be admitted
as a defense.

Output: Fire Safe Cigarette Act of 1999 - Directs the Consumer Product Safety Commission to promulgate a rule that establishes a fire safety standard for cigarettes, including a prohibition on stockpiling cigarettes covered by such rule.  Prohibits the manufacture or import of cigarettes not in compliance with such standard.  Authorizes a person adversely affected by such standard to file a petition for judicial review within a specified time period.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Horse Protection Amendments Act of
2014''.

SEC. 2. DEFINITION.

    Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
            (1) by redesignating paragraphs (1), (2) and (3) as
        paragraphs (2), (4) and (5), respectively;
            (2) by inserting before paragraph (2), as redesignated, the
        following:
            ``(1) The term `Horse Industry Organization' means the
        organization established pursuant to section 4(c)(1).''; and
            (3) by inserting after paragraph (2), as redesignated, the
        following:
            ``(3) The term `objective inspection' means an inspection
        conducted using only inspection methods based on science-based
        protocols (including swabbing or blood testing protocols)
        that--
                    ``(A) have been the subject of testing and are
                capable of producing scientifically reliable,
                reproducible results;
                    ``(B) have been subjected to peer review; and
                    ``(C) have received acceptance in the veterinary or
                other applicable scientific community.''.

SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS,
              EXHIBITIONS, OR SALES OR AUCTIONS.

    (a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) the Inspector General of the Department of
        Agriculture has determined that the program through which the
        Secretary inspects horses is not adequate to ensure compliance
        with this Act;''.
    (b) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Disqualification of Horses.--
            ``(1) In general.--In addition to being subject to
        applicable criminal or civil penalties authorized under section
        6, the management of any horse show or horse exhibition shall
        disqualify any horse from being shown or exhibited--
                    ``(A) which, upon objective testing, is determined
                to be sore; or
                    ``(B) if the management has been notified that the
                horse is sore by--
                            ``(i) a person appointed in accordance with
                        regulations prescribed under subsection (c); or
                            ``(ii) the Secretary.
            ``(2) Duration of disqualification.--In addition to any
        other requirements or penalties imposed under this Act, any
        horse that has been determined to be sore by objective testing
        shall be disqualified from being shown or exhibited for--
                    ``(A) a period of not less than 30 days for the
                first such determination; and
                    ``(B) a period of 90 days for a second
                determination and any subsequent determination.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Appointment of Inspectors; Manner of Inspections.--
            ``(1) Establishment of horse industry organization.--
                    ``(A) In general.--Not later than 180 days after
                the date of the enactment of the Horse Protection
                Amendments Act of 2014, the Secretary shall prescribe,
                by regulation, the establishment of the Horse Industry
                Organization, which shall be governed by a board
                consisting of not more than 9 individuals, who shall be
                appointed in accordance with subparagraphs (B) and (C).
                    ``(B) Members.--Of the 9 members constituting the
                Horse Industry Organization Board--
                            ``(i) 2 members shall be appointed by the
                        Commissioner of Agriculture for the State of
                        Tennessee to serve for a term of 4 years;
                            ``(ii) 2 members shall be appointed by the
                        Commissioner of Agriculture for the
                        Commonwealth of Kentucky to serve for a term of
                        4 years;
                            ``(iii) 2 members shall represent the
                        Tennessee Walking Horse industry and shall be
                        appointed from within such industry by the
                        members appointed pursuant to clauses (i) and
                        (ii), in accordance with a process developed by
                        such members, to serve for an initial term of 3
                        years; and
                            ``(iv) not more than 3 members shall be
                        appointed by the 6 members appointed pursuant
                        to clauses (i) through (iii) to serve for a
                        term of 4 years.
                    ``(C) Quorum; vacancies.--
                            ``(i) Quorum.--Five members of the Horse
                        Industry Organization Board shall constitute a
                        quorum for the transaction of business.
                            ``(ii) Effect of vacancy.--A vacancy on the
                        Horse Industry Organization Board shall not
                        impair the authority of the Board.
                            ``(iii) Subsequent appointments.--
                        Subsequent appointments, including
                        reappointments of existing Board members, shall
                        be made in accordance with subparagraph (B),
                        except that all such appointments shall be for
                        a term of 4 years.
                            ``(iv) Bylaws.--The members of the Horse
                        Industry Organization Board, in consultation
                        with the Secretary, shall develop bylaws and
                        other policies for operations, the
                        establishment of committees, and filling
                        vacancies on the Board.
                    ``(D) Termination.--Section 14(a)(2)(B) of the
                Federal Advisory Committee Act (5 U.S.C. App.) shall
                not apply to the Horse Industry Organization.
                    ``(E) Licensing requirements.--
                            ``(i) In general.--The Horse Industry
                        Organization shall establish requirements to
                        appoint persons qualified--
                                    ``(I) to detect and diagnose a
                                horse which is sore; or
                                    ``(II) to otherwise inspect horses
                                for the purposes of enforcing this Act.
                            ``(ii) Conflicts of interest.--Requirements
                        established pursuant to clause (i) shall
                        require any person appointed by the Horse
                        Industry Organization Board, or a member of the
                        immediate family of such a person, to be free
                        from conflicts of interest, by reason of any
                        association or connection with the walking
                        horse industry, including--
                                    ``(I) through employment by, or the
                                provision of any services to, any show
                                manager, trainer, owner, or exhibitor
                                of Tennessee Walking horses, Spotted
                                Saddle horses, or Racking horses; and
                                    ``(II) training, exhibiting,
                                shoeing, breeding, or selling Tennessee
                                Walking horses, Spotted Saddle horses,
                                or Racking horses.
                    ``(F) Certification.--
                            ``(i) Certification.--After the members of
                        the Horse Industry Organization Board have been
                        appointed pursuant to subparagraph (B), the
                        Secretary shall certify the Horse Industry
                        Organization in accordance with section 11.7 of
                        title 9, Code of Federal Regulations
                        (Certification and licensing of designated
                        qualified persons), including the training of
                        inspectors.
                            ``(ii) Revocation of certification.--Not
                        later than 90 days after the date on which the
                        Horse Industry Organization is established
                        pursuant to this paragraph, the Secretary shall
                        revoke the certification issued to any other
                        horse industry organization under section 11.7
                        of title 9, Code of Federal Regulations (or any
                        successor regulation), as in effect on such
                        date.
            ``(2) Responsibilities of horse industry organization.--The
        Horse Industry Organization shall--
                    ``(A) establish a formal affiliation with the
                management of each horse sale, horse exhibition, and
                horse sale or auction;
                    ``(B) appoint inspectors to conduct inspections at
                each such show, exhibition, and sale or auction;
                    ``(C) identify and contract with equine veterinary
                experts to advise the Horse Industry Organization Board
                on--
                            ``(i) objective scientific testing methods
                        and procedures; and
                            ``(ii) the certification of testing
                        results; and
                    ``(D) otherwise ensure compliance with this Act, in
                coordination with the Secretary.''.
    (c) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
            (1) in paragraph (3), by striking ``appoint and retain a
        person in accordance with section 4(c) of this Act'' and
        inserting ``establish a formal affiliation with the Horse
        Industry Organization under section 4(c)(2)(A)'';
            (2) in paragraph (4), by striking ``appoint and retain a
        qualified person in accordance with section 4(c) of this Act''
        and inserting ``establish a formal affiliation with the Horse
        Industry Organization under section 4(c)(2)(A)'';
            (3) in paragraph (5), by striking ``appointed and retained
        a person in accordance with section 4(c) of this Act'' and
        inserting ``established a formal affiliation with the Horse
        Industry Organization under section 4(c)(2)(A)''; and
            (4) in paragraph (6)--
                    (A) by striking ``appointed and retained a person
                in accordance with section 4(c) of this Act'' and
                inserting ``established a formal affiliation with the
                Horse Industry Organization under section 4(c)(2)(A)'';
                and
                    (B) by striking ``such person or the Secretary''
                and inserting ``a person licensed by the Horse Industry
                Organization''.

SEC. 4. RULEMAKING.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall issue regulations to carry out
the amendments made by this Act.

Output: Horse Protection Amendments Act of 2014 - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.)  Requires a sore horse to be disqualified from being shown or exhibited for at least 30 days for the first determination that the horse is sore and 90 days for a second determination and any subsequent determination. Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, contract with equine veterinary experts to advise the HIO Board on objective scientific testing methods and certification of testing results, and otherwise ensure compliance with the Horse Protection Act.  Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Battlefield Excellence through
Superior Training Practices Act'' or ``BEST Practices Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Department of Defense has made impressive strides
        in the development and use of methods of medical training and
        troop protection, such as the use of tourniquets and
        improvements in body armor, that have led to decreased
        battlefield fatalities.
            (2) The Department of Defense uses more than 6,000 live
        animals each year to train physicians, medics, corpsmen, and
        other personnel methods of responding to severe battlefield
        injuries.
            (3) The civilian sector has almost exclusively phased in
        the use of superior human-based training methods for numerous
        medical procedures currently taught in military courses using
        animals.
            (4) Human-based medical training methods such as simulators
        replicate human anatomy and can allow for repetitive practice
        and data collection.
            (5) According to scientific, peer-reviewed literature,
        medical simulation increases patient safety and decreases
        errors by healthcare providers.
            (6) The Army Research, Development and Engineering Command
        and other entities of the Department of Defense have made
        impressive strides in the development of methods for the
        replacement of live animal-based training.
            (7) According to the report by the Department of Defense
        titled ``Final Report on the use of Live Animals in Medical
        Education and Training Joint Analysis Team'' published on July
        12, 2009--
                    (A) validated, high-fidelity simulators will be
                available for nearly every high-volume or high-value
                battlefield medical procedure by the end of 2011, and
                many were available as of 2009; and
                    (B) validated, high-fidelity simulators will be
                available to teach all other procedures to respond to
                common battlefield injuries by 2014.

SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL
              TRAINING.

    (a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2017. Requirement to use human-based methods for certain medical
              training
    ``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2014,
the Secretary of Defense shall develop, test, and validate human-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries with the goal of
replacing live animal-based training methods.
    ``(2) Not later than October 1, 2016, the Secretary--
            ``(A) shall only use human-based training methods for the
        purpose of training members of the armed forces in the
        treatment of combat trauma injuries; and
            ``(B) may not use animals for such purpose.
    ``(b) Exception for Particular Commands and Training Methods.--(1)
The Secretary may exempt a particular command, particular training
method, or both, from the requirement for human-based training methods
under subsection (a)(2) if the Secretary determines that human-based
training methods will not provide an educationally equivalent or
superior substitute for live animal-based training methods for such
command or training method, as the case may be.
    ``(2) Any exemption under this subsection shall be for such period,
not more than one year, as the Secretary shall specify in granting the
exemption. Any exemption may be renewed (subject to the preceding
sentence).
    ``(c) Annual Reports.--(1) Not later than October 1, 2012, and each
year thereafter, the Secretary shall submit to the congressional
defense committees a report on the development and implementation of
human-based training methods and replacement of live animal-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries under this section.
    ``(2) Each report under this subsection on or after October 1,
2016, shall include a description of any exemption under subsection (b)
that is in force as of the time of such report, and a current
justification for such exemption.
    ``(d) Definitions.--In this section:
            ``(1) The term `combat trauma injuries' means severe
        injuries likely to occur during combat, including--
                    ``(A) hemorrhage;
                    ``(B) tension pneumothorax;
                    ``(C) amputation resulting from blast injury;
                    ``(D) compromises to the airway; and
                    ``(E) other injuries.
            ``(2) The term `human-based training methods' means, with
        respect to training individuals in medical treatment, the use
        of systems and devices that do not use animals, including--
                    ``(A) simulators;
                    ``(B) partial task trainers;
                    ``(C) moulage;
                    ``(D) simulated combat environments;
                    ``(E) human cadavers; and
                    ``(F) rotations in civilian and military trauma
                centers.
            ``(3) The term `partial task trainers' means training aids
        that allow individuals to learn or practice specific medical
        procedures.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of such title is amended by adding at the end the following
new item:

``2017. Requirement to use human-based methods for certain medical
                            training.''.

Output:
Battlefield Excellence through Superior Training Practices Act or BEST Practices Act - Requires the Secretary of Defense (DOD), no later than: (1) October 1, 2014, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2016, to use only use human-based training methods for such purposes. Prohibits the use of animals in such training after the latter date. Provides an exception when the Secretary determines that human-based training methods will not provide an educationally equivalent or superior substitute for live animal-based training methods.

Requires an annual report from the Secretary to the congressional defense committees on the development and implementation of the human-based training methods, as well as any exceptions implemented.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disabled American Financial Security
Act of 2006''.

SEC. 2. DISABLED AMERICAN FINANCIAL SECURITY ACCOUNTS.

    (a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by inserting
after part VIII the following new part:

          ``PART IX--SAVINGS FOR INDIVIDUALS WITH DISABILITIES

``Sec. 530A. Disabled American Financial Security Accounts.

``SEC. 530A. DISABLED AMERICAN FINANCIAL SECURITY ACCOUNTS.

    ``(a) General Rule.--A Disabled American Financial Security Account
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, such account shall be subject to the taxes imposed
by section 511 (relating to imposition of tax on unrelated business
income of charitable organizations).
    ``(b) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Disabled american financial security account.--The
        term `Disabled American Financial Security Account' means a
        trust created or organized in the United States (and designated
        as a Disabled American Financial Security Account at the time
        created or organized) exclusively for the purpose of paying
        qualified disability expenses of an individual who is disabled
        and who is the designated beneficiary of the trust, but only if
        the written governing instrument creating the trust meets the
        following requirements:
                    ``(A) No contribution will be accepted--
                            ``(i) unless it is in cash, and
                            ``(ii) except in the case of rollover
                        contributions described in subsection (c)(4),
                        if such contribution would result in aggregate
                        contributions for the taxable year and all
                        preceding taxable years exceeding $500,000.
                    ``(B) The trustee is a bank (as defined in section
                408(n)) or another person who demonstrates to the
                satisfaction of the Secretary that the manner in which
                that person will administer the trust will be
                consistent with the requirements of this section.
                    ``(C) No part of the trust assets will be invested
                in life insurance contracts.
                    ``(D) The assets of the trust shall not be
                commingled with other property except in a common trust
                fund or common investment fund.
            ``(2) Qualified disability expenses.--The term `qualified
        disability expenses' means, with respect to an individual with
        a disability, amounts paid or incurred for--
                    ``(A) education, medical care, employment training,
                moving, daily subsistence, and assistive technology,
                and
                    ``(B) after the designated beneficiary has attained
                the age of 18, housing and transportation.
            ``(3) Individual with a disability.--
                    ``(A) In general.--An individual is an individual
                with a disability if such individual has been certified
                by a physician as having a disability.
                    ``(B) Disability.--The term `disability' means
                disabled (within the meaning of section 1614(a)(3) of
                the Social Security Act (42 U.S.C. 1382c(a)(3)).
                    ``(C) Physician.--The term `physician' has the
                meaning given to such term by section 1861(r)(1) of the
                Social Security Act (42 U.S.C. 1395x(r)(1)).
    ``(c) Tax Treatment of Distributions.--
            ``(1) In general.--Except as otherwise provided in this
        subsection, any amount paid or distributed out of a Disabled
        American Financial Security Account shall be included in gross
        income by the payee or distributee, as the case may be, for the
        taxable year in which received in the manner as provided in
        section 72.
            ``(2) Distributions for benefit of designated
        beneficiary.--
                    ``(A) In general.--No amount shall be includible in
                gross income under paragraph (1) if the qualified
                disability expenses of the designated beneficiary
                during the taxable year are not less than the aggregate
                distributions during the taxable year.
                    ``(B) Distributions in excess of expenses.--If such
                aggregate distributions exceed such expenses during the
                taxable year, the amount otherwise includible in gross
                income under paragraph (1) shall be reduced by the
                amount which bears the same ratio to the amount which
                would be includible in gross income under paragraph (1)
                (without regard to this subparagraph) as the qualified
                disability expenses bear to such aggregate
                distributions.
                    ``(C) Disallowance of excluded amounts as
                deduction, credit, or exclusion.--No deduction, credit,
                or exclusion shall be allowed to the taxpayer under any
                other section of this chapter for any qualified
                disability expenses to the extent taken into account in
                determining the amount of the exclusion under this
                paragraph.
            ``(3) Additional tax for distributions not used for benefit
        of designated beneficiary.--
                    ``(A) In general.--The tax imposed by this chapter
                for any taxable year on any taxpayer who receives a
                payment or distribution from a Disabled American
                Financial Security Account shall be increased by 10
                percent of the amount thereof which is includible in
                gross income under paragraph (1).
                    ``(B) Exception.--Subparagraph (A) shall not apply
                if the payment or distribution is made to a beneficiary
                (or to the estate of the designated beneficiary) on or
                after the death of the designated beneficiary.
                    ``(C) Contributions returned before certain date.--
                Subparagraph (A) shall not apply to the distribution of
                any contribution made during a taxable year if--
                            ``(i) such distribution is made before the
                        first day of the sixth month of the taxable
                        year following the taxable year, and
                            ``(ii) such distribution is accompanied by
                        the amount of net income attributable to such
                        excess contribution.
                Any net income described in clause (ii) shall be
                included in gross income for the taxable year in which
                such excess contribution was made.
            ``(4) Rollovers.--Paragraph (1) shall not apply to any
        amount paid or distributed from a Disabled American Financial
        Security Account to the extent that the amount received is
        paid, not later than the 60th day after the date of such
        payment or distribution, into another Disabled American
        Financial Security Account for the benefit of the same
        beneficiary. The preceding sentence shall not apply to any
        payment or distribution if it applied to any prior payment or
        distribution during the 12-month period ending on the date of
        the payment or distribution.
            ``(5) Change in beneficiary.--Any change in the beneficiary
        of a Disabled American Financial Security Account shall not be
        treated as a distribution for purposes of paragraph (1) if the
        new beneficiary is disabled and is a member of the family (as
        defined in section 529(e)(2)) of the old beneficiary.
    ``(d) Tax Treatment of Accounts.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any Disabled
American Financial Security Account.
    ``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
    ``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if--
            ``(1) the assets of such account are held by a bank (as
        defined in section 408(n) or another person who demonstrates,
        to the satisfaction of the Secretary, that the manner in which
        he will administer the account will be consistent with the
        requirements of this section, and
            ``(2) the custodial account would, except for the fact that
        it is not a trust, constitute an account described in
        subsection (c)(1).
For purposes of this title, in the case of a custodial account treated
as a trust by reason of the preceding sentence, the custodian of such
account shall be treated as the trustee thereof.
    ``(g) Reports.--The trustee of a Disabled American Financial
Security Account shall make such reports regarding such account to the
Secretary and to the beneficiary of the account with respect to
contributions, distributions, and such other matters as the Secretary
may require. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required.
    ``(h) Coordination With Means-Tested Programs.--Amounts held by, or
paid or distributed from, a Disabled American Financial Security
Account shall not be taken into account in determining eligibility for,
or the amount or extent of, benefits provided by any program funded in
whole or in part with Federal funds.''.
    (b) Conforming Amendments.--
            (1) Penalty for failure to meet minimum distribution
        requirement.--Subsection (c) of section 4974 of such Code is
        amended by striking ``or'' at the end of paragraph (4), by
        striking the period at the end of paragraph (5) and inserting
        ``, or'', and by inserting after paragraph (5) the following
        new paragraph:
            ``(6) any Disabled American Financial Security Account (as
        defined in section 530A(b)).''.
            (2) Tax on prohibited transactions.--Subsection (c) of
        section 4975 of such Code (relating to tax on prohibited
        transactions) is amended by adding at the end the following new
        paragraph:
            ``(7) Special rule for disabled american financial security
        accounts.--An individual for whose benefit a Disabled American
        Financial Security Account is established and any contributor
        to such account shall be exempt from the tax imposed by this
        section with respect to any transaction concerning such account
        (which would otherwise be taxable under this section) if
        section 530A(d) applies with respect to such transaction.''.
            (3) Reports.--Paragraph (2) of section 6693(a) of such Code
        is amended by redesignating subparagraphs (D) and (E) as
        subparagraphs (E) and (F), respectively, and by inserting after
        subparagraph (C) the following new subparagraph:
                    ``(D) section 530A(g) (relating to Disabled
                American Financial SecurityAccounts).''.
    (c) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by inserting after the item relating
to part VIII the following new item:

        ``Part IX. Savings for Individuals With Disabilities.''.

    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.

Output: Disabled American Financial Security Act of 2006 - Amends the Internal Revenue Code to establish tax-exempt Disabled American Financial Security Accounts to pay certain expenses, including expenses for education, medical care, and employment training, of disabled individuals.


Input:
SECTION 1. SMALL BUSINESS AND AGRICULTURAL PRODUCER ENERGY EMERGENCY
              DISASTER LOAN PROGRAM.

    (a) Small Business Producer Energy Emergency Disaster Loan
Program.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by adding at the end the following new paragraph:
            ``(4) Energy emergency disaster loans.--
                    ``(A) Authority.--The Administrator may make or
                guarantee a loan to a small business concern that the
                Administrator determines has suffered or is likely to
                suffer substantial economic injury as a result of a
                significant increase in the price of heating oil,
                natural gas, gasoline, transportation fuel, propane, or
                kerosene.
                    ``(B) Interest rates.--Any loan or guarantee
                extended pursuant to this paragraph shall be made at
                the same interest rate as an economic injury loan made
                or guaranteed under paragraph (2).
                    ``(C) Limitation.--
                            ``(i) In general.--No loan may be made or
                        guaranteed under this paragraph if the total
                        amount outstanding and committed to the
                        borrower under this subsection would exceed
                        $1,500,000.
                            ``(ii) Exception.--The Administrator may
                        waive the limitation under clause (i) for a
                        borrower if the Administrator determines that
                        the borrower constitutes a major source of
                        employment in its surrounding area.
                    ``(D) Declarations of disaster.--No assistance
                shall be available under this paragraph unless--
                            ``(i) the President or the Administrator
                        has made a declaration of a disaster area by
                        reason of a significant increase in the price
                        of heating oil, natural gas, gasoline,
                        transportation fuel, propane, or kerosene; or
                            ``(ii) the Governor of a State in which a
                        significant increase in the price of heating
                        oil, natural gas, gasoline, transportation
                        fuel, propane, or kerosene has occurred
                        certifies to the Administrator that small
                        business concerns have suffered economic injury
                        as a result of such increase and are in need of
                        financial assistance that is not otherwise
                        available on reasonable terms in that State.
                    ``(E) Conversion to renewable or alternative energy
                sources.--Notwithstanding any other provision of law, a
                small business concern receiving a loan under this
                paragraph may use the loan to convert from the use of
                heating oil, natural gas, gasoline, propane, or
                kerosene to a renewable or alternative energy source,
                including agricultural and municipal solid waste,
                geothermal energy, cogeneration, solar energy, wind
                energy, or fuel cells.
                    ``(F) Definitions.--In this paragraph, the
                following definitions apply:
                            ``(i) The term `base price index' means the
                        moving average of the closing unit price on the
                        New York Mercantile Exchange for heating oil,
                        natural gas, gasoline, transportation fuel, or
                        propane for the 10 days, in each of the most
                        recent 2 preceding years, which correspond to
                        the trading days described in clause (ii).
                            ``(ii) The term `current price index' means
                        the moving average of the closing unit price on
                        the New York Mercantile Exchange, for the 10
                        most recent trading days, for contracts to
                        purchase heating oil, natural gas, gasoline,
                        transportation fuel, or propane during the
                        subsequent calendar month, commonly known as
                        the `front month'.
                            ``(iii) The term `significant increase'
                        means--
                                    ``(I) with respect to the price of
                                heating oil, natural gas, gasoline,
                                transportation fuel, or propane, an
                                increase of the current price index
                                over the base price index by not less
                                than 40 percent; and
                                    ``(II) with respect to the price of
                                kerosene, any increase which the
                                Administrator, in consultation with the
                                Secretary of Energy, determines to be
                                significant.''.
    (b) Effective Date.--The amendment made by this Act shall apply
with respect to economic injury suffered on or after the date of the
enactment of this Act.

Output:
Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make or guarantee a loan to a small business that has suffered, or is likely to suffer, substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene. Prohibits such a loan or guarantee if the total amount outstanding and committed to the borrower would exceed $1.5 million (with an exception).

Prohibits any such assistance unless there has been a declaration of a disaster in the area or the governor of the state involved has certified that small businesses have suffered economic injury as a result of the price increases.

Allows a small business to use assistance funds to convert to a renewable or alternative energy source.


Input:
SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The United States, the People's Republic of China
        (China), and the Republic of India (India) account for 35
        percent of the world's demand for petroleum. All 3 countries
        are negatively impacted by high and volatile oil and petroleum
        prices and have a common interest in avoiding global supply
        shocks, developing alternative fuel sources, and lessening
        reliance on supplies of oil and petroleum from unstable regions
        of the world.
            (2) China, the United States, and India are respectively
        the top 3 producers and consumers of coal in the world.
            (3) The United States, China, and India respectively
        represent the largest, second largest, and fifth largest
        electricity generators in the world.
            (4) China is likely the world's largest source of
        anthropogenic greenhouse gas emissions, followed closely by the
        United States, and India is the world's fifth largest
        greenhouse gas emitter.
            (5) According to the World Bank, 16 of the world's 20 most
        polluted cities are in China. Ninety percent of all rivers in
        China show signs of significant pollution, and 62 percent of
        China's waterways are unsuitable for fish. Several areas in
        India have heavy metal and chemical contamination in
        concentrations many times higher than international health
        standards.
            (6) Given these shared energy challenges, the United
        States, China, and India have a vested interest in partnering
        on policies that could help avoid future tensions over limited
        and geographically constrained energy resources.
            (7) Mutually beneficial scientific, technological, and
        trade partnerships between the United States, China, and India
        can accelerate the transition to more sustainable and secure
        energy supplies, such as wind, solar, biofuels, and clean coal,
        and provide tremendous economic, environmental, and security
        benefits for all 3 nations.

SEC. 2. POLICY.

    It is the policy of the United States to develop an informed
dialogue with China and India regarding the sustainable use of energy
and the protection of the environment, the promotion of best practices
for clean energy and technology investments, and the development and
transfer of energy and environmental technologies based on fair and
robust international trading regimes.

SEC. 3. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION TO
              COORDINATE ENERGY AND ENVIRONMENTAL ISSUES RELATING TO
              THE UNITED STATES, CHINA, AND INDIA.

    (a) Establishment.--There is established a Congressional-Executive
Commission on Clean Energy Trade Between Key Consuming Nations (in this
Act referred to as the ``Commission'') to coordinate energy and
environmental issues relating to the United States, China, and India.
    (b) Goal of the Commission.--
            (1) In general.--The goal of the Commission is to establish
        a dialogue among the United States, China, and India to promote
        the policy described in section 2.
            (2) Dialogue.--The Commission shall provide a cooperative
        and collaborative dialogue in the following areas:
                    (A) Development and promotion of clean, efficient,
                and secure electricity production and transmission.
                    (B) Development and promotion of clean water, water
                quality management, and safe drinking water.
                    (C) Development and promotion of clean air and air
                quality management.
                    (D) Development and promotion of clean and
                efficient transportation.
                    (E) Conservation and management of forests and
                wetlands, and the ecosystems of forests and wetlands.
    (c) Membership of the Commission.--
            (1) Selection and appointment of members.--The Commission
        shall be composed of 17 members as follows:
                    (A) Five Members of the House of Representatives,
                appointed by the Speaker of the House of
                Representatives, of which--
                            (i) 3 members shall be selected from the
                        majority party; and
                            (ii) 2 members shall be selected, after
                        consultation with the minority leader of the
                        House, from the minority party.
                    (B) Five Members of the Senate, appointed by the
                President of the Senate, of which--
                            (i) 3 members shall be selected, after
                        consultation with the majority leader of the
                        Senate, from the majority party; and
                            (ii) 2 members shall be selected, after
                        consultation with the minority leader of the
                        Senate, from the minority party.
                    (C) One representative of the Department of State,
                appointed by the President from among officers and
                employees of that Department.
                    (D) One representative of the Department of Energy,
                appointed by the President from among officers and
                employees of that Department.
                    (E) One representative of the Environmental
                Protection Agency, appointed by the President from
                among officers and employees of that Agency.
                    (F) One representative of the Department of
                Commerce, appointed by the President from among
                officers and employees of that Department.
                    (G) Three at-large representatives, appointed by
                the President from among the officers and employees of
                the executive branch of the Government.
            (2) Chairperson and cochairperson.--
                    (A) Designation of chairperson.--At the beginning
                of each odd-numbered Congress, the President of the
                Senate, on the recommendation of the majority leader,
                shall designate 1 of the members of the Commission from
                the Senate as Chairperson of the Commission. At the
                beginning of each even-numbered Congress, the Speaker
                of the House of Representatives shall designate 1 of
                the members of the Commission from the House as
                Chairperson of the Commission.
                    (B) Designation of cochairperson.--At the beginning
                of each odd-numbered Congress, the Speaker of the House
                of Representatives shall designate 1 of the members of
                the Commission from the House as Cochairperson of the
                Commission. At the beginning of each even-numbered
                Congress, the President of the Senate, on the
                recommendation of the majority leader, shall designate
                1 of the members of the Commission from the Senate as
                Cochairperson of the Commission.
            (3) Votes of the commission.--Decisions of the Commission,
        including adoption of reports and recommendations, shall be
        made by a majority vote of the members of the Commission
        present and voting.
            (4) Quorum.--Two-thirds of the members of the Commission
        shall constitute a quorum for purposes of conducting business.
    (d) Annual Report.--
            (1) In general.--The Commission shall submit a report to
        the President and the Congress not later than September 15,
        2009, and annually thereafter, setting forth the assessments
        and analyses described in paragraph (2), the recommendations
        described in paragraph (3), and the assessment and accounting
        described in paragraph (4). The Commission may submit to the
        President and Congress reports that supplement annual reports
        described in this subsection, as appropriate.
            (2) Contents of annual report.--The report required by
        paragraph (1) shall include the following for the 12-month
        period preceding the report:
                    (A) A comprehensive assessment of China's and
                India's efforts to initiate or implement programs
                associated with the policy described in section 2.
                    (B) An analysis of the state of energy supply and
                demand challenges and environmental protection issues
                shared by China, India, and the United States, as well
                as how those challenges and issues impact the greater
                global community.
                    (C) An analysis of the funding levels and support
                for research and development and commercial investment
                in clean energy and environmental technologies,
                products, and services by China and India.
                    (D) An analysis of the issues regarding technology
                transfer and sharing, including the role that
                intellectual property protection plays in limiting
                trade in clean energy technologies among China, India,
                and the United States.
                    (E) An analysis of export and import data regarding
                trade among China, India, and the United States for
                clean energy and environmental technologies, products,
                and services.
                    (F) An analysis of the patterns of trade and
                investment between China and India, and their major
                trading partners (other than the United States) with
                respect to clean energy and environmental technologies,
                products, and services that appear to be substantively
                different from trade and investment patterns between
                China, India, and the United States and the impact
                those differences have on commercial opportunities to
                United States businesses.
            (3) Recommendations.--The Commission shall include in the
        report required by paragraph (1) recommendations for action by
        Congress and the President on--
                    (A) how to maximize the development and deployment
                of clean energy and environmental technologies,
                products, and services in China, India, and the United
                States; and
                    (B) how to ensure that trade in such technologies,
                products, and services benefits the interests of the
                United States.
            (4) Expenditure of appropriations.--The report required by
        paragraph (1) shall include an assessment and accounting of how
        the Commission used any appropriations made to the Commission.

SEC. 4. TESTIMONY OF WITNESSES; PRODUCTION OF EVIDENCE; ISSUANCE OF
              SUBPOENAS; ADMINISTRATION OF OATHS.

    (a) In General.--In carrying out the provisions of this Act, the
Commission may require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records,
correspondence, memoranda, papers, documents, and electronically
recorded data as the Commission considers necessary.
    (b) Subpoenas.--Subpoenas may be issued only pursuant to a \2/3\
vote of members of the Commission present and voting. Subpoenas may be
issued over the signature of the Chairperson of the Commission or any
member designated by the Chairperson, and may be served by any person
designated by the Chairperson or such member. The Chairperson of the
Commission, or any member designated by the Chairperson, may administer
oaths to any witnesses.

SEC. 5. STAFF OF THE COMMISSION.

    (a) Personnel and Administration Committee.--The Commission shall
have a personnel and administration committee composed of the
Chairperson, the Cochairperson, the senior member of the Commission
from the minority party of the House of Representatives, and the senior
member of the Commission from the minority party of the Senate.
    (b) Committee Functions.--
            (1) In general.--All decisions pertaining to the hiring,
        firing, and fixing of pay of personnel of the Commission shall
        be by a majority vote of the personnel and administration
        committee, except that--
                    (A) the Chairperson shall be entitled to appoint
                and fix the pay of the staff director, and the
                Cochairperson shall be entitled to appoint and fix the
                pay of the Cochairperson's senior staff member; and
                    (B) the Chairperson and Cochairperson shall each
                have the authority to appoint, with the approval of the
                personnel and administration committee, at least 4
                professional staff members who shall be responsible to
                the Chairperson or the Cochairperson (as the case may
                be) who appointed them.
            (2) Appointment; pay.--The personnel and administration
        committee may appoint and fix the pay of such other personnel
        as the committee considers desirable.
            (3) Staff appointments.--All staff appointments shall be
        made without regard--
                    (A) to the provisions of title 5, United States
                Code, governing appointments in the competitive
                service; or
                    (B) to the provisions of chapter 51 and subchapter
                III of chapter 53 of such title relating to
                classification and general schedule pay rates.
            (4) Qualifications of professional staff.--The personnel
        and administration committee shall ensure that the professional
        staff of the Commission consists of persons with expertise in
        the areas following:
                    (A) Energy.
                    (B) Environmental protection.
                    (C) Trade.
                    (D) Chinese and Indian politics, economics, and
                language.
            (5) Commission employees as congressional employees.--For
        purposes of pay and other employment benefits, rights, and
        privileges, and for all other purposes, any employee of the
        Commission shall be considered to be a congressional employee
        as defined in section 2107 of title 5, United States Code.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.

    (a) Authorization; Disbursements.--
            (1) Authorization.--There are authorized to be appropriated
        to the Commission $5,000,000 for each of the fiscal years 2009
        through 2013 to carry out the provisions of this Act. Any sums
        appropriated to the Commission shall remain available until
        expended.
            (2) Disbursements.--Appropriations to the Commission shall
        be disbursed on vouchers approved--
                    (A) jointly by the Chairperson and the
                Cochairperson; or
                    (B) by a majority of the members of the personnel
                and administration committee established pursuant to
                section 5(a).
    (b) Foreign Travel for Official Purposes.--Foreign travel for
official purposes by members and staff of the Commission may be
authorized by either the Chairperson or the Cochairperson.
    (c) Printing and Binding Costs.--For purposes of costs relating to
printing and binding, including the costs of personnel detailed from
the Government Printing Office, the Commission shall be deemed to be a
committee of Congress.

SEC. 7. SUNSET.

    The Commission shall terminate on September 30, 2013.

Output:
Declares it to be the policy of the United States to develop an informed dialogue with China and India on the sustainable use of energy and the protection of the environment, the promotion of best practices for clean energy and technology investments, and the development and transfer of energy and environmental technologies.

Establishes a Congressional-Executive Commission on Clean Energy Trade Between Key Consuming Nations to coordinate energy and environmental issues relating to the United States, China, and India and to establish a dialogue among such nations on the development and promotion of clean energy production, clean air and water, clean and efficient transportation, and the conservation and management of forests and wetlands and their ecosystems.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Information Security
Management Reform Act of 2015''.

SEC. 2. DUTIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO
              INFORMATION SECURITY.

    Section 3553(b)(6) of title 44, United States Code, is amended by
striking subparagraphs (B), (C), and (D) and inserting the following:
                    ``(B) operating consolidated intrusion detection,
                prevention, or other protective capabilities and use of
                associated countermeasures for the purpose of
                protecting agency information and information systems
                from information security threats;
                    ``(C) providing incident detection, analysis,
                mitigation, and response information and remote or
                onsite technical assistance to the head of an agency;
                    ``(D) compiling and analyzing data on agency
                information security;
                    ``(E) developing and conducting targeted risk
                assessments and operational evaluations for agency
                information and information systems in consultation
                with the heads of other agencies or governmental and
                private entities that own and operate such systems,
                that may include threat, vulnerability, and impact
                assessments;
                    ``(F) in conjunction with other agencies and the
                private sector, assessing and fostering the development
                of information security technologies and capabilities
                for use across multiple agencies; and
                    ``(G) coordinating with appropriate agencies and
                officials to ensure, to the maximum extent feasible,
                that policies and directives issued under paragraph (2)
                are complementary with--
                            ``(i) standards and guidelines developed
                        for national security systems; and
                            ``(ii) policies and directives issued by
                        the Secretary of Defense and the Director of
                        National Intelligence under subsection (e)(1);
                        and''.

SEC. 3. COMMUNICATIONS AND SYSTEM TRAFFIC AND DIRECTION TO AGENCIES.

    Section 3553 of title 44, United States Code, is amended by adding
at the end the following:
    ``(h) Communications and Systems Traffic.--
            ``(1) In general.--
                    ``(A) Acquisition by the secretary.--
                Notwithstanding any other provision of law and subject
                to subparagraph (B), in carrying out the
                responsibilities under subparagraphs (B), (C), and (E)
                of subsection (b)(6), if the Secretary makes a
                certification described in paragraph (2), the Secretary
                may acquire, intercept, retain, use, and disclose
                communications and other system traffic that are
                transiting to or from or stored on agency information
                systems and deploy countermeasures with regard to the
                communications and system traffic.
                    ``(B) Exception.--The authorities of the Secretary
                under this subsection shall not apply to a
                communication or other system traffic that is
                transiting to or from or stored on a system described
                in paragraph (2) or (3) of subsection (e).
                    ``(C) Disclosure by federal agency heads.--The head
                of a Federal agency or department is authorized to
                disclose to the Secretary or a private entity providing
                assistance to the Secretary under paragraph (A),
                information traveling to or from or stored on an agency
                information system, notwithstanding any other law that
                would otherwise restrict or prevent agency heads from
                disclosing such information to the Secretary.
            ``(2) Certification.--A certification described in this
        paragraph is a certification by the Secretary that--
                    ``(A) the acquisitions, interceptions, and other
                countermeasures are reasonably necessary for the
                purpose of protecting agency information systems from
                information security threats;
                    ``(B) the content of communications will be
                retained only if the communication is associated with a
                known or reasonably suspected information security
                threat, and communications and system traffic will not
                be subject to the operation of a countermeasure unless
                associated with the threats;
                    ``(C) information obtained under activities
                authorized under this subsection will only be retained,
                used, or disclosed to protect agency information
                systems from information security threats, mitigate
                against such threats, or, with the approval of the
                Attorney General, for law enforcement purposes when the
                information is evidence of a crime which has been, is
                being, or is about to be committed;
                    ``(D) notice has been provided to users of agency
                information systems concerning the potential for
                acquisition, interception, retention, use, and
                disclosure of communications and other system traffic;
                and
                    ``(E) the activities are implemented pursuant to
                policies and procedures governing the acquisition,
                interception, retention, use, and disclosure of
                communications and other system traffic that have been
                reviewed and approved by the Attorney General.
            ``(3) Private entities.--The Secretary may enter into
        contracts or other agreements, or otherwise request and obtain
        the assistance of, private entities that provide electronic
        communication or information security services to acquire,
        intercept, retain, use, and disclose communications and other
        system traffic in accordance with this subsection.
            ``(4) No cause of action.--No cause of action shall exist
        against a private entity for assistance provided to the
        Secretary in accordance with paragraph (3).
    ``(i) Direction to Agencies.--
            ``(1) Authority.--
                    ``(A) In general.--Notwithstanding section 3554,
                and subject to subparagraph (B), in response to a known
                or reasonably suspected information security threat,
                vulnerability, or incident that represents a
                substantial threat to the information security of an
                agency, the Secretary may issue a directive to the head
                of an agency to take any lawful action with respect to
                the operation of the information system, including such
                systems owned or operated by another entity on behalf
                of an agency, that collects, processes, stores,
                transmits, disseminates, or otherwise maintains agency
                information, for the purpose of protecting the
                information system from, or mitigating, an information
                security threat.
                    ``(B) Exception.--The authorities of the Secretary
                under this subsection shall not apply to a system
                described in paragraph (2) or (3) of subsection (e).
            ``(2) Procedures for use of authority.--The Secretary
        shall--
                    ``(A) in coordination with the Director and in
                consultation with Federal contractors, as appropriate,
                establish procedures governing the circumstances under
                which a directive may be issued under this subsection,
                which shall include--
                            ``(i) thresholds and other criteria;
                            ``(ii) privacy and civil liberties
                        protections; and
                            ``(iii) providing notice to potentially
                        affected third parties;
                    ``(B) specify the reasons for the required action
                and the duration of the directive;
                    ``(C) minimize the impact of a directive under this
                subsection by--
                            ``(i) adopting the least intrusive means
                        possible under the circumstances to secure the
                        agency information systems; and
                            ``(ii) limiting directives to the shortest
                        period practicable; and
                    ``(D) notify the Director and the head of any
                affected agency immediately upon the issuance of a
                directive under this subsection.
            ``(3) Imminent threats.--
                    ``(A) In general.--If the Secretary determines that
                there is an imminent threat to agency information
                systems and a directive under this subsection is not
                reasonably likely to result in a timely response to the
                threat, the Secretary may authorize the use of
                protective capabilities under the control of the
                Secretary for communications or other system traffic
                transiting to or from or stored on an agency
                information system without prior consultation with the
                affected agency for the purpose of ensuring the
                security of the information or information system or
                other agency information systems.
                    ``(B) Limitation on delegation.--The authority
                under this paragraph may not be delegated to an
                official in a position lower than an Assistant
                Secretary of the Department of Homeland Security.
                    ``(C) Notice.--The Secretary shall immediately
                notify the Director and the head and chief information
                officer (or equivalent official) of each affected
                agency of--
                            ``(i) any action taken under this
                        subsection; and
                            ``(ii) the reasons for and duration and
                        nature of the action.
                    ``(D) Other law.--Any action of the Secretary under
                this paragraph shall be consistent with applicable law.
            ``(4) Limitation.--The Secretary may direct or authorize
        lawful action or protective capability under this subsection
        only to--
                    ``(A) protect agency information from unauthorized
                access, use, disclosure, disruption, modification, or
                destruction; or
                    ``(B) require the remediation of or protect against
                identified information security risks with respect to--
                            ``(i) information collected or maintained
                        by or on behalf of an agency; or
                            ``(ii) that portion of an information
                        system used or operated by an agency or by a
                        contractor of an agency or other organization
                        on behalf of an agency.''.

SEC. 4. REPORT TO CONGRESS REGARDING OFFICE OF MANAGEMENT AND BUDGET
              ENFORCEMENT ACTION.

    Section 3553 of title 44, United States Code, as amended by section
3, is further amended by inserting at the end the following new
subsection:
    ``(j) Annual Report to Congress.--
            ``(1) Requirement.--Not later than February 1 of every
        year, the Director shall report to the appropriate
        congressional committee regarding the specific actions the
        Director has taken pursuant to subsection (a)(5), including any
        actions taken pursuant to paragraph (5) of title 40 of section
        11303(b).
            ``(2) Appropriate congressional committee.--In this
        subsection, the term `appropriate congressional committee'
        means--
                    ``(A) the Committee on Appropriations and the
                Committee on Homeland Security and Governmental Affairs
                of the Senate; and
                    ``(B) the Committee on Appropriations and the
                Committee on Homeland Security of the House of
                Representatives.''.

Output: Federal Information Security Management Reform Act of 2015 Requires the Department of Homeland Security (DHS), in administering federal agencies' implementation of information system security policies, to: (1) operate consolidated intrusion detection, prevention, or protective capabilities and use of associated countermeasures to protect agency information and systems from security threats; (2) provide incident detection, analysis, mitigation, and response information and remote or onsite technical assistance; (3) develop and conduct impact assessments in consultation with other agencies and private entities; (4) foster development of technologies for use across multiple agencies in conjunction with other agencies and the private sector; and (5) coordinate such information security policies with standards for national security systems and policies issued by the Department of Defense (DOD) and the Director of National Intelligence.   Authorizes the DHS Secretary to acquire, intercept, retain, use, and disclose communications and system traffic transiting to or from or stored on agency information systems and deploy countermeasures if the Secretary certifies that: (1) the measures are reasonably necessary to protect agency information systems from security threats; (2) content of communications will not be retained, and traffic will not be subject to countermeasures, unless associated with a known or reasonably suspected information security threat; (3) the information will be used for law enforcement purposes only with the Attorney General's approval when the information is evidence of a crime; (4) system users have been notified of the potential for such an acquisition or disclosure; and (5) the procedures have been approved by the Attorney General.  Allows agency heads to disclose such information to the Secretary notwithstanding any other law that would otherwise restrict or prevent such disclosures. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Authorizes the Secretary to: (1) issue a directive to an agency to take any lawful action with respect to the operation of a system that maintains agency information in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to an agency's information security; or (2) authorize, without prior consultation with the affected agency, the use of protective capabilities under the Secretary's control if there is an imminent threat and a directive is unlikely to be timely. Exempts DOD and the intelligence community from such procedures.