Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Spending Act of 2005''.

SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

    (a) Adjustments to Discretionary Spending Limits.--In the matter
that precedes subparagraph (A) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, strike ``through
2002''.
    (b) Discretionary Spending Limit.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
            (1) Strike paragraphs (1) through (16) and insert the
        following new paragraphs:
            ``(1) with respect to fiscal year 2006, for the
        discretionary category: $837,196,960,000 in total new budget
        authority of which not less than $434,139,940,000 shall be for
        the defense category and of which not less than $32,180,020,000
        shall be for homeland security activities outside of the
        defense category and $906,352,000,000 in total outlays of which
        not less than $439,419,000,000 shall be for the defense
        category and of which not less than $30,854,000,000 in total
        outlays shall be for the homeland security category outside of
        the defense category;
            ``(2) with respect to fiscal year 2007, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority specified in
        paragraph (1) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2005;
            ``(3) with respect to fiscal year 2008, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority provided under
        paragraph (2) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2006;
            ``(4) with respect to fiscal year 2009, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority specified in
        paragraph (3) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2007; and
            ``(5) with respect to fiscal year 2010, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority specified in
        paragraph (4) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2008;''.
    (c) Adjustments to Discretionary Spending Limits.--
            (1) Section 251(b)(2) of the Balanced Budget and Emergency
        Deficit Control Act of 1985 is amended by striking
        subparagraphs (C) through (H) and by inserting after
        subparagraph (B) the following new subparagraph:
                    ``(C) Accrual accounting.--If a bill or joint
                resolution is enacted that charges Federal agencies for
                the full cost of accrued Federal retirement and health
                benefits and a bill or joint resolution making
                appropriations is enacted that provides new budget
                authority to carry out the legislation charging Federal
                agencies for such accrued costs, the adjustment shall
                be equal to the reduction in mandatory budget authority
                and the outlays flowing therefrom estimated to result
                from the legislation charging Federal agencies for such
                accrued costs.''.
            (2) Section 251(b)(2)(A) of the Balanced Budget and
        Emergency Deficit Control Act of 1985 is amended by striking
        the last sentence.
    (d) Definition of Consumer Price Index.--Section 3 of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
adding at the end the following new paragraph:
            ``(11) The term `Consumer Price Index' refers to the
        Consumer Price Index for All Urban Consumers (all items; United
        States city average), published by the Bureau of Labor
        Statistics.''.

SEC. 3. EXTENSION OF PAY-AS-YOU-GO.

    Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:

``SEC. 252. ENFORCING PAY-AS-YOU-GO.

    ``(a) Purpose.--The purpose of this section is to assure that any
legislation enacted before October 1, 2010, affecting direct spending
that increases the deficit will trigger an offsetting sequestration.
    ``(b) Sequestration.--
            ``(1) Timing.--Not later than 15 calendar days after the
        date Congress adjourns to end a session and on the same day as
        a sequestration (if any) under section 251, there shall be a
        sequestration to offset the amount of any net deficit increase
        caused by all direct spending legislation enacted before
        October 1, 2010, as calculated under paragraph (2).
            ``(2) Calculation of deficit increase.--OMB shall calculate
        the amount of deficit increase or decrease by adding--
                    ``(A) all OMB estimates for the budget year of
                direct spending legislation transmitted under
                subsection (d);
                    ``(B) the estimated amount of savings in direct
                spending programs applicable to budget year resulting
                from the prior year's sequestration under this section
                or, if any, as published in OMB's final sequestration
                report for that prior year; and
                    ``(C) any net deficit increase or decrease in the
                current year resulting from all OMB estimates for the
                current year of direct spending legislation transmitted
                under subsection (d) of this section that were not
                reflected in the final OMB sequestration report for the
                current year.
                    ``(D) for fiscal year 2005, before making the
                calculations required in subparagraphs (A) through (C),
                OMB shall assume an automatic deficit increase of
                $8,400,000,000.
    ``(c) Eliminating a Deficit Increase.--(1) The amount required to
be sequestered in a fiscal year under subsection (b) shall be obtained
from non-exempt direct spending accounts from actions taken in the
following order:
                    ``(A) First.--All reductions in automatic spending
                increases specified in section 256(a) shall be made.
                    ``(B) Second.--If additional reductions in direct
                spending accounts are required to be made, the maximum
                reductions permissible under sections 256(b)
                (guaranteed and direct student loans) and 256(c)
                (foster care and adoption assistance) shall be made.
                    ``(C) Third.--(i) If additional reductions in
                direct spending accounts are required to be made, each
                remaining non-exempt direct spending account shall be
                reduced by the uniform percentage necessary to make the
                reductions in direct spending required by paragraph
                (1); except that the medicare programs specified in
                section 256(d) shall not be reduced by more than 4
                percent and the uniform percentage applicable to all
                other direct spending programs under this paragraph
                shall be increased (if necessary) to a level sufficient
                to achieve the required reduction in direct spending.
                    ``(ii) For purposes of determining reductions under
                clause (i), outlay reductions (as a result of
                sequestration of Commodity Credit Corporation commodity
                price support contracts in the fiscal year of a
                sequestration) that would occur in the following fiscal
                year shall be credited as outlay reductions in the
                fiscal year of the sequestration.
            ``(2) For purposes of this subsection, accounts shall be
        assumed to be at the level in the baseline for fiscal year 2006
        and for fiscal years 2007 through 2010 at the baseline after
        adjusting for any sequester in fiscal year 2005.
    ``(d) Estimates.--
            ``(1) CBO estimates.--As soon as practicable after Congress
        completes action on any direct spending, CBO shall provide an
        estimate to OMB of that legislation.
            ``(2) OMB estimates.--Not later than 7 calendar days
        (excluding Saturdays, Sundays, and legal holidays) after the
        date of enactment of any direct spending, OMB shall transmit a
        report to the House of Representatives and to the Senate
        containing--
                    ``(A) the CBO estimate of that legislation;
                    ``(B) an OMB estimate of that legislation using
                current economic and technical assumptions; and
                    ``(C) an explanation of any difference between the
                2 estimates.
            ``(3) Significant differences.--If during the preparation
        of the report under paragraph (2) OMB determines that there is
        a significant difference between the OMB and CBO estimates, OMB
        shall consult with the Committees on the Budget of the House of
        Representatives and the Senate regarding that difference and
        that consultation, to the extent practicable, shall include
        written communication to such committees that affords such
        committees the opportunity to comment before the issuance of
        that report.
            ``(4) Scope of estimates.--The estimates under this section
        shall include the amount of change in outlays for the current
        year (if applicable), the budget year, and each outyear
        excluding any amounts resulting from--
                    ``(A) full funding of, and continuation of, the
                deposit insurance guarantee commitment in effect under
                current estimates; and
                    ``(B) emergency provisions as designated under
                subsection (e).
            ``(5) Scorekeeping guidelines.--OMB and CBO, after
        consultation with each other and the Committees on the Budget
        of the House of Representatives and the Senate, shall--
                    ``(A) determine common scorekeeping guidelines; and
                    ``(B) in conformance with such guidelines, prepare
                estimates under this section.
    ``(e) Emergency Legislation.--If a provision of direct spending
legislation is enacted that the President designates as an emergency
requirement and that the Congress so designates in statute, the amounts
of new budget authority, outlays, and receipts in all fiscal years
resulting from that provision shall be designated as an emergency
requirement in the reports required under subsection (d) of this
section.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2010''.
    (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2010''.
    (b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2010''.

SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.

    (a) In General.--Section 257(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting ``,
except for emergency appropriations covered by section 251(b)(2)(A) and
emergency legislation covered by section 252(e)'' before the period.
    (b) Direct Spending and Receipts.--Section 257(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new subparagraph:
                    ``(E) Emergency legislation covered by section
                252(e) shall not be extended in the baseline.''.
    (c) Discretionary Appropriations.--Section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by adding
at the end the following new paragraph:
            ``(7) Emergency appropriations covered by section
        251(b)(2)(A) shall not be extended in the baseline.''.

SEC. 6. OMB EMERGENCY CRITERIA.

    (a) Definition of Emergency.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (as amended by section 2(d) is
further amended by adding at the end the following new paragraph:
            ``(12)(A) The term `emergency' means a situation that--
                    ``(i) requires new budget authority and outlays (or
                new budget authority and the outlays flowing therefrom)
                for the prevention or mitigation of, or response to,
                loss of life or property, or a threat to national
                security; and
                    ``(ii) is unanticipated.
            ``(B) As used in subparagraph (A), the term `unanticipated'
        means that the underlying situation is--
                    ``(i) sudden, which means quickly coming into being
                or not building up over time;
                    ``(ii) urgent, which means a pressing and
                compelling need requiring immediate action;
                    ``(iii) unforeseen, which means not predicted or
                anticipated as an emerging need; and
                    ``(iv) temporary, which means not of a permanent
                duration.''.
    (b) Conforming Amendment.--Section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new paragraph:
            ``(20) The term `emergency' has the meaning given to such
        term in section 3 of the Congressional Budget and Impoundment
        Control Act of 1974.''.

SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN
              EMERGENCY.

    (a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:

 ``rule respecting designation of legislative provision as an emergency

    ``Sec. 316. (a) Guidance.--In making a designation of a provision
of legislation as an emergency requirement under section 251(b)(2)(A)
or 252(e) of the Balanced Budget and Emergency Deficit Control Act of
1985, the committee report and any statement of managers accompanying
that legislation shall analyze whether a proposed emergency requirement
meets the definition of an `emergency' set out in section 3 of the
Congressional Budget and Impoundment Control Act of 1974.
    ``(b) In General.--It shall not be in order in the Senate or the
House of Representatives to consider any bill, joint resolution, or
conference report that contains an emergency designation under section
251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 unless the proposed emergency requirement meets the
definition of an `emergency' set out in section 3 of the Congressional
Budget and Impoundment Control Act of 1974.
    ``(c) Waiver and Appeal in the Senate.--This section may be waived
or suspended in the Senate only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of the Chair
on a point of order raised under this section.
    ``(d) Enforcement in the House of Representatives.--It shall not be
in order in the House of Representatives to consider a rule or order
that waives the application of subsection (b).
    ``(e) Disposition of Points of Order in the House.--As disposition
of a point of order under subsection (b) or subsection (d), the Chair
shall put the question of consideration with respect to the proposition
that is the subject of the point of order. A question of consideration
under this section shall be debatable for 10 minutes by the Member
initiating the point of order and for 10 minutes by an opponent of the
point of order, but shall otherwise be decided without intervening
motion except one that the House adjourn or that the Committee of the
Whole rise, as the case may be.
    ``(f) Effect on Amendment in Order as Original Text in the House.--
The disposition of the question of consideration under this section
with respect to a bill or joint resolution shall be considered also to
determine the question of consideration under this subsection with
respect to an amendment made in order as original text.''.
    (b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:

``Sec. 316. Rule respecting designation of legislative provision as an
                            emergency.''.

Output:
Common Sense Spending Act of 2005 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2010.

Repeals requirements for inclusion in a sequestration report of adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration; (2) specified allowances for the International Monetary Fund and international arrearages; (3) any earned income tax credit compliance initiative; (4) adoption incentive payments; and (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2011 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). Requires OMB to assume an automatic deficit increase of $8.4 billion before making such calculations for FY 2005. States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2006 and for FY 2007 through 2010 at the baseline after adjusting for any sequester in FY 2005.

Revises the definition of baseline to exclude emergency appropriations and legislation.

Prohibits such emergency appropriations from being extended in the baseline.

Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets a specified definition of "emergency." Prohibits the consideration of any such legislation that does not meet this "emergency" definition.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Green Railcar Enhancement Act of
2010''.

SEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION.

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

``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the freight
railcar replacement or modernization credit determined under this
section for the taxable year is an amount equal to 25 percent of the
sum of--
            ``(1) the basis of any qualified freight railcar placed in
        service by the taxpayer during the taxable year, plus
            ``(2) the qualified freight railcar rebuild expenditures of
        the taxpayer for the taxable year.
    ``(b) Qualified Freight Railcar.--
            ``(1) In general.--For purposes of this section, the term
        `qualified freight railcar' means a freight railcar which--
                    ``(A) is acquired or rebuilt by the taxpayer
                pursuant to a binding agreement entered into after the
                date of the enactment of this section, and
                    ``(B) meets the capacity or fuel efficiency
                improvement requirements of paragraph (2).
            ``(2) Capacity or fuel efficiency requirements.--
                    ``(A) In general.--A freight railcar shall be
                treated as meeting the capacity or fuel efficiency
                requirements of this paragraph if--
                            ``(i) in the case of a freight railcar
                        which is acquired by the taxpayer during the
                        taxable year (`replacement railcar'), the
                        taxpayer identifies another railcar (although
                        not necessarily one being used for an identical
                        purpose) which the taxpayer certifies--
                                    ``(I) was removed permanently from
                                service as a freight railcar during the
                                taxable year, or
                                    ``(II) is being rebuilt in such a
                                manner as to achieve a significant
                                improvement in capacity or fuel
                                efficiency, or
                            ``(ii) in the case of a freight railcar
                        rebuilt by the taxpayer, such rebuilding
                        results in a significant improvement in
                        capacity or fuel efficiency.
                    ``(B) Ownership not required.--For purposes of
                subparagraph (A)(i), such other railcar may be one
                owned by the taxpayer or one owned by another taxpayer,
                so long as there exists a binding agreement to so
                remove or rebuild the railcar.
                    ``(C) Significant improvement.--For purposes of
                subparagraph (A), an improvement in capacity or fuel
                efficiency with respect to a freight railcar shall be
                treated as significant if such capacity or fuel
                efficiency, as the case may be, is increased by at
                least 8 percent.
    ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes
of this section, the term `qualified freight railcar rebuild
expenditure' means any amount paid or incurred--
            ``(1) in connection with the modification of a freight
        railcar resulting in such railcar being a qualified freight
        railcar, and
            ``(2) which is properly chargeable to a capital account
        with respect to such freight railcar.
    ``(d) Other Special Rules.--
            ``(1) Coordination with other credits.--Any amount taken
        into account in determining the credit under this section may
        not be taken into account in determining a credit under any
        other provision of this title.
            ``(2) Basis adjustment.--For purposes of this subtitle, if
        a credit is allowed under subsection (a) with respect to any
        qualified freight railcar, the basis of such railcar shall be
        reduced by the amount of the credit so allowed.
            ``(3) Sale-leaseback.--For purposes of subsection (a)(1),
        if any qualified freight railcar is--
                    ``(A) originally placed in service by a person
                after [the date of the enactment of this section], and
                    ``(B) sold and leased back by such person within 3
                months after the railcars are originally placed in
                service (or, in the case of more than 1 railcar subject
                to the same lease, within 3 months after the date the
                final railcar is placed in service, so long as the
                period between the time the first railcar is placed in
                service and the time the last railcar is placed in
                service does not exceed 12 months),
        such railcars shall be treated as originally placed in service
        not earlier than the date on which such railcars are used under
        the leaseback referred to in subparagraph (B).
            ``(4) Syndication.--For purposes of subsection (a)(1), if--
                    ``(A) any qualified freight railcar is originally
                placed in service after the date of enactment of this
                section by the lessor of such railcar,
                    ``(B) such railcar is sold by such lessor or any
                subsequent purchaser within 3 months after the date
                such railcar was originally placed in service (or, in
                the case of more than 1 railcar subject to the same
                lease, within 3 months after the date the final railcar
                is placed in service and the time the last railcar is
                placed in service does not exceed 12 months), and
                    ``(C) the user of such railcar after the last sale
                during such 3-month period remains the same as when
                such railcar was originally placed in service,
        such railcars shall be treated as originally placed in service
        not earlier than the date of such last sale.
            ``(5) Recapture.--The benefit of any credit allowable under
        subsection (a) shall, under regulations prescribed by the
        Secretary, be recaptured with respect to any qualified freight
        railcar that is sold or otherwise disposed of by the taxpayer
        during the 5-year period beginning on the date on which such
        railcar is originally placed in service. The preceding sentence
        shall not apply to a qualified freight railcar that is sold by
        and subsequently leased back to the taxpayer.
            ``(6) Reporting requirements.--The Secretary, in
        consultation with the Surface Transportation Board, may develop
        appropriate reporting requirements for taxpayers utilizing this
        credit.
    ``(e) Termination.--This section shall not apply to any freight
railcars acquired, or with respect to which at least 50 percent of the
rebuilding is completed, after December 31, 2011.''.
    (b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'' and by adding at the end the following new paragraph:
            ``(36) the freight railcar replacement or modernization
        credit determined under section 45R.''.
    (c) Coordination With Section 55.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (vii), by striking the period at the end of clause (viii) and
inserting ``, and'' and by adding at the end the following new clause:
                            ``(ix) the credit determined under section
                        45R.''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:

``Sec. 45R. Freight railcar replacement or modernization credit.''.
    (e) Effective Date.--The amendments made by this section shall
apply to property placed in service, and amounts paid or incurred,
after December 31, 2009.

Output: Green Railcar Enhancement Act of 2010 - Amends the Internal Revenue Code to allow, through 2011, a new business-related tax credit for 25% of the cost of acquiring or rebuilding freight railcars which achieve an increase in capacity or fuel efficiency of at least 8%.


Input:
SECTION 1. SHORT TITLE.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            Passed the House of Representatives October 11, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
Veterans Sexual Assault Prevention and Health Care Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (5) an oversight system within the Veterans Health Administration; (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation.

(Sec. 3) Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. (Under current law, such payments are made according to a prescribed rate.) Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers.

(Sec. 4) Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of "rehabilitative services" treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans.

(Sec. 5) Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding.

(Sec. 6) Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program.

 (Sec. 7) Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities.


Input:
SECTION 1. SHORT TITLE AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Rocky Mountain
National Park Wilderness and Indian Peaks Wilderness Expansion Act''.
    (b) Purpose.--The purpose of this Act is to include in the National
Wilderness Preservation System certain lands within the Rocky Mountain
National Park, Colorado, in order to protect the enduring scenic and
historic wilderness character and unique wildlife values of the lands
as well as the scientific, educational, inspirational, and recreational
resources, values, and opportunities of the lands; and to adjust the
boundaries of the Indian Peaks Wilderness and the Arapaho National
Recreation Area on the Arapaho National Forest in Colorado.

SEC. 2. DESIGNATION OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.

    (a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain lands within the Rocky Mountain
National Park, Colorado, which comprise approximately 249,339 acres, as
generally depicted on the map titled ``Rocky Mountain National Park,
Colorado Wilderness Boundaries'' and dated February 2006, are hereby
designated as wilderness and, therefore, as a component of the National
Wilderness Preservation System. The designated lands shall be known as
the Rocky Mountain National Park Wilderness.
    (b) Map and Description.--
            (1) Preparation and submission.--As soon as practicable
        after the date of the enactment of this Act, the Secretary of
        the Interior shall prepare a map and a boundary description of
        the Rocky Mountain National Park Wilderness designated by
        subsection (a) and file the map and boundary description with
        the Committee on Resources of the House of Representatives and
        the Committee on Energy and Natural Resources of the Senate.
        The map and boundary description shall be on file and available
        for public inspection in the office of the Director of the
        National Park Service, Department of the Interior.
            (2) Treatment.--The map and boundary description prepared
        under paragraph (1) shall have the same force and effect as if
        included in this Act. The Secretary of the Interior may correct
        clerical and typographical errors in the map and description.
    (c) Potential Wilderness Lands.--
            (1) Definition.--In this section, the term ``potential
        wilderness lands'' means--
                    (A) lands identified as potential wilderness on the
                map referred to in subsection (a); and
                    (B) lands and interests therein acquired by the
                United States on or after the date of the enactment of
                this Act that are located within the boundaries of the
                Rocky Mountain National Park and are contiguous with
                lands designated as wilderness by this Act.
            (2) Inclusion in wilderness.--Upon publication in the
        Federal Register of a notice by the Secretary of the Interior
        that all uses of a parcel of potential wilderness lands
        inconsistent with the Wilderness Act have ceased, the parcel
        shall be included in the Rocky Mountain National Park
        Wilderness designated by subsection (a) and managed as provided
        in section 3. The Secretary of the Interior shall modify the
        map and boundary description prepared under subsection (b) to
        reflect the inclusion of the parcel in the Rocky Mountain
        National Park Wilderness.
    (d) Exclusion of Certain Lands.--The boundaries of the Rocky
Mountain National Park Wilderness and the potential wilderness lands
specifically exclude the following:
            (1) The Grand Ditch (including both the main canal of the
        Grand Ditch and a branch thereof known as the specimen Ditch)
        and its right-of-way as well as associated appurtenances,
        structures, buildings, camps, and worksites in existence as of
        June 1, 1998.
            (2) Lands owned by the St. Vrain & Left Hand Water
        Conservancy District, including Copeland Reservoir and the
        Inlet Ditch to such reservoir from the North St. Vrain Creek,
        amounting to approximately 35.38 acres.
            (3) Lands owned by the Wincentsen-Harms Trust, amounting to
        approximately 2.75 acres.
            (4) Lands within the area depicted as ``East Shore Trail
        Area'' on the map described in subsection (b).
    (e) East Shore Trail Area.--
            (1) Alignment line and trail.--
                    (A) Not later than one year after the date of the
                enactment of this Act, the Secretary shall establish an
                alignment line for a trail, to be known as the East
                Shore Trail, located within the East Shore Trail Area,
                to maximize the opportunity for sustained use of the
                trail without harm to affected resources or conflicts
                among users. After establishing the alignment line, the
                Secretary shall identify the boundaries of the trail,
                but the trail shall not extend more than 25 feet east
                of the alignment line or be located within the Rocky
                Mountain National Park Wilderness.
                    (B) Nothing in this Act shall be construed to
                require the construction of a trail along the alignment
                line established pursuant to this paragraph or to limit
                the extent to which any otherwise applicable laws or
                policies shall apply with respect to any decision
                regarding construction of such a trail.
            (2) Map adjustment.--After establishing the alignment line
        of the East Shore Trail, the Secretary shall adjust the map of
        the wilderness area designated by subsection (a) so that the
        western boundary of the wilderness is 50 feet east of the
        alignment line.
            (3) Other adjustments.--To the extent necessary to protect
        National Park resources, the Secretary from time to time may
        adjust the boundaries of the East Shore Trail, but no
        adjustment shall have the effect of placing any portion of such
        trail within the boundary of the wilderness area.
            (4) Time limitation for authorization of use by
        nonmotorized bicycles.--If the East Shore Trail has not been
        constructed and authorized for use by nonmotorized bicycles on
        or before the date that is 25 years after the date of the
        enactment of this Act, the East Shore Trail Area shall be
        included in the Rocky Mountain National Park Wilderness
        designated by subsection (a) and managed as provided in section
        3, and the Secretary shall modify the map and boundary
        description of such wilderness area to reflect the inclusion of
        such lands in wilderness.
    (f) Relation to Lands Outside Wilderness.--
            (1) Use of lands.--Except as provided in this subsection,
        nothing in this Act shall affect the management or use of any
        lands not included within the boundaries of the Rocky Mountain
        National Park Wilderness or the potential wilderness lands.
            (2) Use of motorized vehicles.--Until the date that is 25
        years after the date of the enactment of this Act, no use of
        motorized vehicles or other motorized machinery not permitted
        on March 1, 2006, shall be allowed in the East Shore Trail
        Area, except as may be necessary for constructing or
        maintaining the East Shore Trail, if such construction is
        authorized by the Secretary.
            (3) Management of pending wilderness.--Pending their
        inclusion in wilderness pursuant to subsection (c)(2), the
        potential wilderness lands shall be managed to protect any
        wilderness characteristics and to maintain their suitability
        for inclusion in wilderness.

SEC. 3. MANAGEMENT OF ROCKY MOUNTAIN NATIONAL PARK WILDERNESS.

    (a) Management Generally.--Subject to valid existing rights, lands
designated as wilderness by section 2(a) or subsequently included in
the Rocky Mountain National Park Wilderness by section 2(c) shall be
managed by the Secretary of the Interior in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and this Act. With respect to
the lands designated as wilderness by section 2(a), any reference in
the Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date of the enactment of this Act. With
respect to the lands subsequently included in the Rocky Mountain
National Park Wilderness by section 2(c), any reference in the
Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date on which the lands were included
in the wilderness area.
    (b) Water Rights.--
            (1) Findings.--Congress finds the following:
                    (A) According to decisions of the courts of the
                State of Colorado, the United States has existing
                rights to water within the Rocky Mountain National
                Park.
                    (B) Those rights are sufficient for the purposes of
                the Rocky Mountain National Park Wilderness as
                designated by section 2.
                    (C) In light of the findings in subparagraphs (A)
                and (B), there is no need for this Act to effect a
                reservation by the United States of any additional
                water rights to fulfill the purposes for which the
                Rocky Mountain National Park Wilderness is designated.
            (2) No reservation.--Nothing in this Act or any action
        taken pursuant to this Act shall constitute either an express
        or implied reservation of water or water rights for any
        purpose.
    (c) Colorado-Big Thompson Project.--
            (1) Current activities.--Activities on, under, or affecting
        the lands designated as wilderness by section 2 relating to the
        monitoring, operation, maintenance, repair, replacement, and
        use of the Colorado-Big Thompson Project and its facilities
        which were allowed as of June 1, 1998, shall be allowed to
        continue and shall not be affected by the designation of the
        lands as wilderness.
            (2) New activities.--In addition to the activities
        described in paragraph (1), any other activities on, under, or
        affecting the lands designated as wilderness by section 2 that
        because of emergencies or catastrophic events become necessary
        for the operation, maintenance, repair, replacement, and
        continued use of the Colorado-Big Thompson Project and its
        facilities shall be allowed, subject only to reasonable
        restrictions which are established by the Secretary of the
        Interior to protect the wilderness values of the lands. In
        implementing this paragraph, the Secretary shall not establish
        any restrictions on the activities that would prevent the
        occurrence of such necessary activities or that would reduce
        the water supply provided by the Colorado-Big Thompson Project
        or the Windy Gap Project.
            (3) Relation to authority in act establishing park.--
        Nothing in the first section of the Act of January 26, 1915 (16
        U.S.C. 191), shall be construed to allow development within the
        lands designated as wilderness by section 2 of any reclamation
        project not in existence as of the date of the enactment of
        this Act.
    (d) No Buffer Zones.--Congress does not intend that the designation
by this Act of the Rocky Mountain National Park Wilderness creates or
implies the creation of protective perimeters or buffer zones around
the wilderness area. The fact that nonwilderness activities or uses can
be seen or heard from within the wilderness area shall not, of itself,
preclude such activities or uses up to the boundary of the wilderness
area.

SEC. 4. BOUNDARY ADJUSTMENT OF INDIAN PEAKS WILDERNESS AND ARAPAHO
              NATIONAL RECREATION AREA.

    (a) Indian Peaks Wilderness.--Section 3(a) of Public Law 95-450 is
amended--
            (1) by striking ``seventy thousand acres'' and inserting
        ``74,195 acres'' ; and
            (2) by striking ``dated July 1978'' and inserting ``dated
        February 2006''.
    (b) Arapaho National Recreation Area.--Section 4(a) of Public Law
95-450 is amended--
            (1) by striking ``thirty-six thousand two hundred thirty-
        five acres'' and inserting ``35,235 acres''; and
            (2) by striking ``dated July 1978'' and inserting ``dated
        February 2006''.

SEC. 5. AUTHORITY TO LEASE LEIFFER PROPERTY.

    (a) Authorization.--The provisions of section 802(a) of Public Law
105-391 (16 U.S.C. 1a-2k) shall apply to the tract of land described in
subsection (b) to the same extent as if such property was part of the
National Park System.
    (b) Land Described.--Subsection (a) applies to the tract of land
near the eastern boundary of Rocky Mountain National Park in Larimer
County, Colorado, administered by the National Park Service and known
as the Leiffer tract.

Output:
Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act- Designates certain lands in Rocky Mountain National Park, Colorado, as wilderness and components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness.

Directs the Secretary of the Interior to establish an alignment line for a trail, which shall be known as the East Shore Trail, located within the East Shore Trail Area and, after establishing the alignment line, to identify the boundaries of such Trail. Provides for the inclusion of the East Shore Trail in the Rocky Mountain National Park Wilderness if such Trail has not been constructed and authorized for use by motorized bicycles 25 years after enactment of this Act.

Bars, until 25 years after this Act's enactment, the use of motorized vehicles or other motorized machinery not permitted on March 1, 2006, from being allowed in the East Shore Trail Area, except for constructing or maintaining the East Shore Trail, if such construction is authorized by the Secretary.

Amends the Indian Peaks Wilderness Area, Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to provide for a boundary adjustment of the Indian Peaks Wilderness Area and the Arapaho National Recreation Area by: (1) increasing the acreage of the Indian Peaks Wilderness Area; and (2) decreasing the acreage of the Arapaho National Recreation Area.


Input:
SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS
              AWAITING ARRAIGNMENT.

    (a) Establishment of Program.--Not later than 6 months after the
date of the enactment of this Act, and subject to such amounts as are
provided in appropriations Acts, the Attorney General shall establish
and implement a program to identify, from among the individuals who are
incarcerated in local governmental incarceration facilities prior to
arraignment on criminal charges, those individuals who are within 1 or
more of the following classes of deportable aliens:
        (1) Aliens unlawfully present in the United States.
        (2) Aliens described in paragraph (2) or (4) of section 237(a)
    of the Immigration and Nationality Act (as redesignated by section
    305(a)(2) of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996).
    (b) Description of Program.--The program authorized by subsection
(a) shall include--
        (1) the detail, to each incarceration facility selected under
    subsection (c), of at least one employee of the Immigration and
    Naturalization Service who has expertise in the identification of
    aliens described in subsection (a); and
        (2) provision of funds sufficient to provide for--
            (A) the detail of such employees to each selected facility
        on a full-time basis, including the portions of the day or
        night when the greatest number of individuals are incarcerated
        prior to arraignment;
            (B) access for such employees to records of the Service and
        other Federal law enforcement agencies that are necessary to
        identify such aliens; and
            (C) in the case of an individual identified as such an
        alien, pre-arraignment reporting to the court regarding the
        Service's intention to remove the alien from the United States.
    (c) Selection of Facilities.--
        (1) In general.--The Attorney General shall select for
    participation in the program each incarceration facility that
    satisfies the following requirements:
            (A) The facility is owned by the government of a local
        political subdivision described in clause (i) or (ii) of
        subparagraph (C).
            (B) Such government has submitted a request for such
        selection to the Attorney General.
            (C) The facility is located--
                (i) in a county that is determined by the Attorney
            General to have a high concentration of aliens described in
            subsection (a); or
                (ii) in a city, town, or other analogous local
            political subdivision, that is determined by the Attorney
            General to have a high concentration of such aliens (but
            only in the case of a facility that is not located in a
            county).
            (D) The facility incarcerates or processes individuals
        prior to their arraignment on criminal charges.
        (2) Number of qualifying subdivisions.--For any fiscal year,
    the total number of local political subdivisions determined under
    clauses (i) and (ii) of paragraph (1)(C) to meet the standard in
    such clauses shall be the following:
            (A) For fiscal year 1999, not less than 10 and not more
        than 25.
            (B) For fiscal year 2000, not less than 25 and not more
        than 50.
            (C) For fiscal year 2001, not more than 75.
            (D) For fiscal year 2002, not more than 100.
            (E) For fiscal year 2003 and subsequent fiscal years, 100,
        or such other number of political subdivisions as may be
        specified in appropriations Acts.
        (3) Facilities in interior states.--For any fiscal year, of the
    local political subdivisions determined under clauses (i) and (ii)
    of paragraph (1)(C) to meet the standard in such clauses, not less
    than 20 percent shall be in States that are not contiguous to a
    land border.
        (4) Treatment of certain facilities.--All of the incarceration
    facilities within the county of Orange, California, and the county
    of Ventura, California, that are owned by the government of a local
    political subdivision, and satisfy the requirements of paragraph
    (1)(D), shall be selected for participation in the program.

SEC. 2. STUDY AND REPORT.

    Not later than 1 year after the date of the enactment of this Act,
the Attorney General shall complete a study, and submit a report to the
Congress, concerning the logistical and technological feasibility of
implementing the program under section 1 in a greater number of
locations than those selected under such section through--
        (1) the assignment of a single Immigration and Naturalization
    Service employee to more than 1 incarceration facility; and
        (2) the development of a system to permit the Attorney General
    to conduct off-site verification, by computer or other electronic
    means, of the immigration status of individuals who are
    incarcerated in local governmental incarceration facilities prior
    to arraignment on criminal charges.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: Directs the Attorney General to implement a program to identify aliens held in local incarceration facilities prior to criminal arraignment who are illegally in the United States or who are deportable on criminal or security grounds.  Requires that at least one Immigration and Naturalization Service (INS) employee with identification expertise be assigned to each program facility. Directs the Attorney General to select facilities for participation that:  (1) are owned by requesting local political subdivisions; (2) are located in counties or subdivisions with high concentrations of illegal or deportable aliens; and (3) incarcerate persons prior to criminal arraignment.  States that all local facilities within Orange and Ventura Counties, California, that incarcerate prior to arraignment shall be selected for program participation. Sets forth required numbers of qualifying subdivisions, beginning with FY 1999. Directs the Attorney General to report respecting future program enlargement through:  (1) computer or other electronic means of off-site status verification; and (2) multiple facility assignment of INS personnel.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Education Equity Act of
2011''.

SEC. 2. PROTECTING EQUITY FOR TUITION AND FEES FOR INDIVIDUALS ENTITLED
              TO ASSISTANCE UNDER THE POST-9/11 EDUCATIONAL ASSISTANCE
              PROGRAM WHO ARE PURSUING PROGRAMS OF EDUCATION AT
              INSTITUTIONS OF HIGHER LEARNING.

    (a) In General.--Clause (i) of subparagraph (A) of paragraph (1) of
subsection (c) of section 3313 of title 38, United States Code, is
amended to read as follows:
                            ``(i) In the case of a program of education
                        pursued at a public institution of higher
                        learning, the lesser of--
                                    ``(I) the actual net cost for
                                tuition and fees assessed by the
                                institution for the program of
                                education after the application of--
                                            ``(aa) any waiver of, or
                                        reduction in, tuition and fees;
                                        and
                                            ``(bb) any scholarship, or
                                        other Federal, State,
                                        institutional, or employer-
                                        based aid or assistance (other
                                        than loans and any funds
                                        provided under section 401(b)
                                        of the Higher Education Act of
                                        1965 (20 U.S.C. 1070a)) that is
                                        provided directly to the
                                        institution and specifically
                                        designated for the sole purpose
                                        of defraying tuition and fees;
                                        or
                                    ``(II) the greater of--
                                            ``(aa) the actual net cost
                                        for in-State tuition and fees
                                        assessed by the institution for
                                        the program of education after
                                        the application of--

                                                    ``(AA) any waiver
                                                of, or reduction in,
                                                tuition and fees; and

                                                    ``(BB) any
                                                scholarship, or other
                                                Federal, State,
                                                institutional, or
                                                employer-based aid or
                                                assistance (other than
                                                loans and any funds
                                                provided under section
                                                401(b) of the Higher
                                                Education Act of 1965
                                                (20 U.S.C. 1070a)) that
                                                is provided directly to
                                                the institution and
                                                specifically designated
                                                for the sole purpose of
                                                defraying tuition and
                                                fees; or

                                            ``(bb) the amount equal
                                        to--

                                                    ``(AA) for the
                                                academic year beginning
                                                on August 1, 2011,
                                                $17,500; or

                                                    ``(BB) for any
                                                subsequent academic
                                                year, the amount in
                                                effect for the previous
                                                academic year under
                                                this subclause, as
                                                increased by the
                                                percentage increase
                                                equal to the most
                                                recent percentage
                                                increase determined
                                                under section 3015(h)
                                                of this title.''.

    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the payment of educational assistance for an
academic year beginning on or after the date of the enactment of this
Act.

Output: Veterans Education Equity Act of 2011 - Revises the formula for the payment by the Department of Veterans Affairs (VA) of tuition and fees for individuals entitled to educational assistance under the Post-9/11 Educational Assistance Program and pursuing programs of education at public institutions of higher learning to include, as an additional payment formula, the greater of: (1) the actual net costs for in-state tuition after applying the receipt of any tuition waivers, reductions, scholarships, or other assistance; or (2) $17,500 for the academic year beginning on August 1, 2011 (such amount to be increased each subsequent year by the average percentage increase in undergraduate tuition costs).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the populations of all but 1 species of rhinoceros, and
        the tiger, have significantly declined in recent years and
        continue to decline;
            (2) these species of rhinoceros and tiger are listed as
        endangered species under the Endangered Species Act of 1973 (16
        U.S.C. 1531 et seq.) and listed on Appendix I of the Convention
        on International Trade in Endangered Species of Wild Fauna and
        Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249)
        (referred to in this Act as ``CITES'');
            (3) the Parties to CITES have adopted several resolutions--
                    (A) relating to the conservation of tigers (Conf.
                9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging
                Parties to CITES to implement legislation to reduce
                illegal trade in parts and products of the species; and
                    (B) relating to trade in readily recognizable parts
                and products of the species (Conf. 9.6), and trade in
                traditional medicines (Conf. 10.19), recommending that
                Parties ensure that their legislation controls trade in
                those parts and derivatives, and in medicines
                purporting to contain them;
            (4) a primary cause of the decline in the populations of
        tiger and most rhinoceros species is the poaching of the
        species for use of their parts and products in traditional
        medicines;
            (5) there are insufficient legal mechanisms enabling the
        United States Fish and Wildlife Service to interdict products
        that are labeled or advertised as containing substances derived
        from rhinoceros or tiger species and prosecute the
        merchandisers for sale or display of those products; and
            (6) legislation is required to ensure that--
                    (A) products containing, or labeled or advertised
                as containing, rhinoceros parts or tiger parts are
                prohibited from importation into, or exportation from,
                the United States; and
                    (B) efforts are made to educate persons regarding
                alternatives for traditional medicine products, the
                illegality of products containing, or labeled or
                advertised as containing, rhinoceros parts and tiger
                parts, and the need to conserve rhinoceros and tiger
                species generally.

SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994.

    Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5302) is amended by adding at the end the following:
            ``(3) To prohibit the sale, importation, and exportation of
        products intended for human consumption or application
        containing, or labeled or advertised as containing, any
        substance derived from any species of rhinoceros or tiger.''.

SEC. 4. DEFINITION OF PERSON.

    Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5303) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) `person' means--
                    ``(A) an individual, corporation, partnership,
                trust, association, or other private entity;
                    ``(B) an officer, employee, agent, department, or
                instrumentality of--
                            ``(i) the Federal Government;
                            ``(ii) any State, municipality, or
                        political subdivision of a State; or
                            ``(iii) any foreign government;
                    ``(C) a State, municipality, or political
                subdivision of a State; or
                    ``(D) any other entity subject to the jurisdiction
                of the United States.''.

SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) is amended--
            (1) by redesignating section 7 as section 9; and
            (2) by inserting after section 6 the following:

``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
              LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.

    ``(a) Prohibition.--A person shall not sell, import, or export, or
attempt to sell, import, or export, any product, item, or substance
intended for human consumption or application containing, or labeled or
advertised as containing, any substance derived from any species of
rhinoceros or tiger.
    ``(b) Penalties.--
            ``(1) Criminal penalty.--A person engaged in business as an
        importer, exporter, or distributor that knowingly violates
        subsection (a) shall be fined under title 18, United States
        Code, imprisoned not more than 6 months, or both.
            ``(2) Civil penalties.--
                    ``(A) In general.--A person that knowingly violates
                subsection (a), and a person engaged in business as an
                importer, exporter, or distributor that violates
                subsection (a), may be assessed a civil penalty by the
                Secretary of not more than $12,000 for each violation.
                    ``(B) Manner of assessment and collection.--A civil
                penalty under this paragraph shall be assessed, and may
                be collected, in the manner in which a civil penalty
                under the Endangered Species Act of 1973 may be
                assessed and collected under section 11(a) of that Act
                (16 U.S.C. 1540(a)).
    ``(c) Products, Items, and Substances.--Any product, item, or
substance sold, imported, or exported, or attempted to be sold,
imported, or exported, in violation of this section or any regulation
issued under this section shall be subject to seizure and forfeiture to
the United States.
    ``(d) Regulations.--After consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the United
States Trade Representative, the Secretary shall issue such regulations
as are appropriate to carry out this section.
    ``(e) Enforcement.--The Secretary, the Secretary of the Treasury,
and the Secretary of the department in which the Coast Guard is
operating shall enforce this section in the manner in which the
Secretaries carry out enforcement activities under section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
    ``(f) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).''.

SEC. 6. EDUCATIONAL OUTREACH PROGRAM.

    The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) (as amended by section 5) is amended by inserting after
section 7 the following:

``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall develop and implement an
educational outreach program in the United States for the conservation
of rhinoceros and tiger species.
    ``(b) Guidelines.--The Secretary shall publish in the Federal
Register guidelines for the program.
    ``(c) Contents.--Under the program, the Secretary shall publish and
disseminate information regarding--
            ``(1) laws protecting rhinoceros and tiger species, in
        particular laws prohibiting trade in products containing, or
        labeled or advertised as containing, their parts;
            ``(2) use of traditional medicines that contain parts or
        products of rhinoceros and tiger species, health risks
        associated with their use, and available alternatives to the
        medicines; and
            ``(3) the status of rhinoceros and tiger species and the
        reasons for protecting the species.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through
2002''.

            Passed the Senate October 8 (legislative day, October 2),
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                 S. 361

_______________________________________________________________________

                                 AN ACT

To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit
 the sale, importation, and exportation of products intended for human
  consumption or application containing, or labeled or advertised as
  containing, any substance derived from any species of rhinoceros or
tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of
                     1994, and for other purposes.

Output:
Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.
Sets forth both criminal and civil penalties.
Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species.
Authorizes appropriations through FY 2002.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Wireless Microphone Users
Interference Protection Act of 2013''.

SEC. 2. ELIGIBILITY FOR PART 74 LICENSES.

    Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall take such actions as are
necessary to expand eligibility for licenses under section 74.832 of
title 47, Code of Federal Regulations, to the owners of, and operators
of events and performances at, the following sites:
            (1) Amusement parks.
            (2) Arenas.
            (3) Convention centers.
            (4) Educational facilities.
            (5) Houses of worship.
            (6) Lodging facilities.
            (7) Museums.
            (8) Outdoor venues.
            (9) Recording studios.
            (10) Theaters.

SEC. 3. EXPANDING SCOPE OF SERVICE RULE.

    Not later than 180 days after the date of enactment of this Act,
the Federal Communications Commission shall expand the scope of service
and permissible transmissions currently set forth in section 74.831 of
title 47, Code of Federal Regulations, to include the use of wireless
microphones in rehearsals and live or recorded events and performances
by the persons and entities made eligible for licenses pursuant to
section 2 of this Act.

SEC. 4. SAFE HAVEN CHANNELS.

    The Federal Communications Commission shall establish 2 safe haven
channels for exclusive use by wireless microphone users that are each 6
MHz in the spectrum ranging from 470 MHz to 698 MHz, inclusive, other
than frequencies identified as guard bands and the mid-band gap between
the frequencies designated for uplink and downlink service in auctioned
600 MHz spectrum.

SEC. 5. ACCESS TO TV BANDS DATABASES.

    (a) Authorization.--The Federal Communications Commission shall
authorize the owners and operators of wireless microphones (and their
appointed technical representatives) to have access to the TV bands
databases described in subpart H of part 15 of title 47, Code of
Federal Regulations, for the purpose of protecting wireless microphone
operations from interference.
    (b) Registration Sites.--Sites that may be registered in the TV
bands databases as sites where wireless microphone operations shall be
protected pursuant to subsection (a) include the following:
            (1) Amusement parks.
            (2) Arenas.
            (3) Convention centers.
            (4) Educational facilities.
            (5) Houses of worship.
            (6) Lodging facilities.
            (7) Museums.
            (8) Outdoor venues.
            (9) Recording studios.
            (10) Restaurants.
            (11) Theaters.

SEC. 6. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Amusement park.--The term ``amusement park'' means a
        commercially operated park equipped with various recreational
        devices, entertainment, and typically booths for games and the
        sale of food and drink.
            (2) Arena.--The term ``arena'' means any building or
        structure primarily used for an athletic contest, sporting
        event, or musical performance, such as a stadium or racetrack.
            (3) Convention center.--The term ``convention center''
        means any civic building or group of buildings designed for
        events, such as conventions, industrial shows, and exhibitions,
        and which often includes an auditorium, a conference or meeting
        room, hotel accommodations, a restaurant, or other facilities.
            (4) Educational facility.--The term ``educational
        facility'' means any building, place, or institution where
        instruction to students is provided, including any daycare
        center, nursery school, public or private school, college or
        university, career or technical education school, or corporate
        training center.
            (5) House of worship.--The term ``house of worship'' means
        any building, place, or institution devoted to religious
        worship, including a church, synagogue, temple, mosque, or
        chapel.
            (6) Lodging facility.--The term ``lodging facility'' means
        any individual hotel, motel, or inn that makes accommodation
        available on a temporary basis for a charge.
            (7) Museum.--The term ``museum'' means a building, place,
        or institution devoted to the procurement, care, study, and
        display of works of art, scientific specimens, and other
        objects of lasting interest or value.
            (8) Outdoor venue.--The term ``outdoor venue'' means any
        outdoor place or area where a fair, concert, sporting event,
        circus, festival, exhibition, or civic ceremony or presentation
        is held, such as a fairground, golf course, or pavilion. Such
        term includes a place or area that is partially enclosed.
            (9) Recording studio.--The term ``recording studio'' means
        any facility used primarily for the commercial production or
        recording of live or prerecorded music, television, motion
        picture, or other kind of news, sports, entertainment,
        educational, or religious programming.
            (10) Restaurant.--The term ``restaurant'' means an
        establishment where meals may be purchased and consumed.
            (11) Theater.--The term ``theater'' means any place,
        building, enclosure, or structure with a seating capacity that
        is used for a dramatic performance, stage entertainment,
        musical performance, or motion picture show.
            (12) Wireless microphone.--The term ``wireless microphone''
        means a low power auxiliary station, as defined in subpart H of
        part 74 of title 47, Code of Federal Regulations, as of the
        date of enactment of this Act.

Output: Wireless Microphone Users Interference Protection Act of 2013 - Directs the Federal Communications Commission (FCC) to expand eligibility for specified licenses authorizing the operation of low power auxiliary stations to the owners of, and operators of events and performances at:  amusement parks,  arenas,  convention centers, educational facilities, houses of worship, lodging facilities, museums, outdoor venues, recording studios, and  theaters.   Requires the FCC to: (1) expand scope of service and permissible transmission regulations to include the use of wireless microphones in rehearsals and live or recorded events and performances by such licensees, and (2) establish two safe haven channels for exclusive use by wireless microphone users. Directs the FCC to authorize owners and operators of wireless microphones to have access to TV bands databases to protect wireless microphone operations from interference. (The purpose of the TV bands database is to provide unlicensed Television Band Devices [TVBDs] with the available TV channels at the TVBD's location and to register fixed TVBDs and other locations protected from interference that are not otherwise recorded in FCC licensing databases.) Permits restaurants, as well as the persons and entities made eligible for licenses by this Act, to be registered in such databases as sites where wireless microphone operations shall be protected from interference.