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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restore Fiscal Discipline and 
Safeguard Social Security Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) When Congress enacted the fiscal year 2002 budget 
        resolution, it did so based on the assurance that the 
        Government would balance the budget without relying on social 
        security surpluses for the remainder of the decade and beyond. 
        Congress was also assured that it would not have to act to 
        increase the statutory debt limit until 2008.
            (2) The Government is projected to run on-budget deficits 
        that will require it to spend the social security and medicare 
        trust fund surpluses for the rest of the decade, even before 
        additional spending for defense and homeland security is 
        counted, and after the economy recovers and returns to strong 
        growth.
            (3) The total debt is increasing because we have not kept 
        the commitment to save the social security and medicare trust 
        fund surpluses. The Secretary of the Treasury has formally 
        requested that Congress increase the statutory limit on the 
        public debt by $750 billion, from the current level of $5.95 
        trillion to $6.70 trillion. Congress will have to vote to raise 
        the debt limit because we have been borrowing those trust fund 
        surpluses to cover a deficit in the rest of the budget instead 
        of saving them.
            (4) A $750 billion increase in the debt limit would be the 
        second largest increase in history and is irresponsible in the 
        absence of a framework to protect taxpayers from even further 
        increases in the national debt.
            (5) Congress should authorize a limited increase in the 
        debt limit to prevent a financial default, but should also work 
        together with the President to develop a plan to restore fiscal 
        discipline before further increasing our debt.
            (6) Current law provides for enforcement of budget 
        resolutions:
                    (A) Legislation violating discretionary spending 
                totals set in a budget resolution or the suballocations 
                set by the Committee on Appropriations is subject to a 
                point of order under section 302(f) of the 
                Congressional Budget Act of 1974.
                    (B) Legislation reducing receipts below a budget 
                resolution's total is subject to a point of order under 
                section 311(a) of the Congressional Budget Act of 1974.
    (b) Purpose.--The purpose of this Act is--
            (1) to provide a responsible, measured increase in the debt 
        limit to ensure that the Government meets its current legal 
        obligations;
            (2) effective immediately thereafter, to limit strictly the 
        size of further increases in the debt limit until the enactment 
        of a plan to bring the budget into balance in five years 
        without reliance on the social security trust fund surplus, 
        such that any larger increase in the debt limit this fall would 
        require a plan to balance the budget in fiscal year 2007, but 
        if this deficit reduction should prove insufficient, the 
        restrictions are automatically reestablished by the next 
        regular semi-annual report of the Congressional Budget Office;
            (3) to require that the President submit a budget plan 
        before the end of this fiscal year to achieve balance, without 
        reliance on the social security trust fund surplus, by fiscal 
        year 2007;
            (4) as a backup and discipline for these debt limit 
        provisions, to establish points of order against any budget 
        resolution that does not within five years and in all 
        subsequent years eliminate any deficits projected by the 
        Congressional Budget Office, without reliance on the social 
        security trust fund surplus, using the enforcement provisions 
        in current law to require that all subsequent spending and tax 
legislation conform to the budget resolution's deficit-reduction plan; 
and
            (5) thereby to restore fiscal discipline and to preserve 
        social security for future retirees.

                    TITLE I--INCREASE IN DEBT LIMIT

SEC. 101. INCREASE IN DEBT LIMIT.

    (a) Increase in Statutory Debt Limit.--Section 3101(b) of title 31, 
United States Code, is amended by striking ``$5,950,000,000,000'' and 
inserting ``$6,100,000,000,000''.
    (b) Point of Order.--(1) Effective immediately, except as provided 
by paragraph (2) or (3), it shall not be in order in the House of 
Representatives or the Senate to consider any bill, joint resolution, 
amendment, or conference report that includes any provision that 
increases the limit on the public debt above the limit set forth in 
section 3101(b) of title 31, United States Code, as in effect 
immediately before the date of consideration of that measure by more 
than $100,000,000,000.
    (2) Except as provided by paragraph (3), any bill or joint 
resolution may carry an increase in such limit of more than 
$100,000,000,000 only if the concurrent resolution on the budget for 
the budget year has been adopted and--
            (A) sets forth or assumes a budget that is in on-budget 
        balance or surplus within 4 fiscal years after the budget year 
        and is in on-budget balance or surplus for every subsequent 
        fiscal year covered by that resolution; and
            (B) does not contain any reduction in social security 
        benefits.
    (3) Paragraphs (1) and (2) shall not apply in the House of 
Representatives or the Senate if the chairman of the Committee on the 
Budget of the House or of the Senate, as applicable, certifies, based 
on the report of the Congressional Budget Office pursuant to section 
202(e)(1) or (2) of the Congressional Budget Act of 1974, whichever 
report is the most recent, that the budget will be in on-budget balance 
or surplus within 4 fiscal years after the budget year and is in on-
budget balance or surplus for every subsequent fiscal year covered by 
that report. If legislation to extend the discretionary spending limits 
beyond fiscal year 2002 is enacted before the date of release of such 
report, the Congressional Budget Office shall assume such discretionary 
spending levels. Any such certification shall only have force and 
effect until the date of submission of the next report under either 
such section.

SEC. 102. PRESIDENTIAL PLAN TO BALANCE THE BUDGET.

    (a) Presidential Plan.--The President shall submit to the Congress 
by September 30, 2002, a proposal to bring the budget of the Government 
(excluding the receipts and disbursements of the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund) into balance or surplus by fiscal year 2007.
    (b) Sense of Congress.--It is the sense of Congress that the plan 
described in subsection (a) should be based on the most recent economic 
and technical assumptions of the Congressional Budget Office.

          TITLE II--CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY

SEC. 201. CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY.

    (a) Circuit Breaker Points of Order.--(1) Effective January 1, 
2003, whenever the most recent report of the Congressional Budget 
Office pursuant to section 202(e)(1) of the Congressional Budget Act of 
1974 projects an on-budget deficit for any fiscal year, it shall not be 
in order in the House of Representatives or the Senate to consider any 
concurrent resolution on the budget that--
            (A) sets forth or assumes an on-budget deficit for any such 
        fiscal year that is larger than such Congressional Budget 
        Office projection for that fiscal year;
            (B) sets forth or assumes a budget that is not in on-budget 
        balance or surplus within 4 fiscal years after the budget year 
        and is not in on-budget balance or surplus for any subsequent 
        fiscal year covered by that resolution; or
            (C) contains any reduction in social security benefits.
    (2) Effective January 1, 2003, whenever the most recent report of 
the Congressional Budget Office pursuant to section 202(e)(1) of the 
Congressional Budget Act of 1974 projects both on-budget surpluses (or 
a balanced budget) and deficits for the fiscal years included in that 
report, it shall not be in order in the House of Representatives or the 
Senate to consider any concurrent resolution on the budget that--
            (A) sets forth or assumes an on-budget deficit for any 
        fiscal year for which such Congressional Budget Office 
        projection for that fiscal year is for an on-budget surplus or 
        balance; or
            (B) contains any reduction in social security benefits.
    (b) Suspension of Requirement During War or Low Economic Growth.--
            (1) Low growth.--If the most recent of the Department of 
        Commerce's advance, preliminary, or final reports of actual 
        real economic growth indicate that the rate of real economic 
        growth (as measured by real GDP) for each of the most recently 
        reported quarter and the immediately preceding quarter is less 
        than 1 percent, this section is suspended.
            (2) War.--If a declaration of war is in effect, this 
        section is suspended.

A: Restore Fiscal Discipline and Safeguard Social Security Act of 2002 - Amends Federal money and finance law to increase the statutory debt limit to $6.1 trillion.Makes it out of order for the House of Representatives or the Senate to consider any bill or amendment that increases the public debt limit above the new one established by this Act by more than $100 billion, except in specified circumstances.Directs the President to submit to Congress a proposal to bring the budget of the Government (excluding the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by FY 2007.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects an on-budget deficit for any fiscal year, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any such fiscal year larger than such projection; (2) sets forth or assumes a budget that is not in on-budget balance or surplus within four fiscal years, and is not in on-budget balance or surplus for any covered subsequent fiscal year; or (3) contains any reduction in social security benefits.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years concerned, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any fiscal year for which the CBO projection is for an on-budget surplus or balance; or (2) contains any reduction in social security benefits.Suspends such requirements during war or low economic growth.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Readjustment Counseling Service 
Amendments of 1995''.

SEC. 2. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE IN THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 7305 of title 38, United States Code, is 
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
            ``(7) A Readjustment Counseling Service.''.
    (b) Organization.--The Readjustment Counseling Service shall have 
the organizational structure and administrative structure of that 
service as such structures were in existence on January 1, 1993.
    (c) Revision of Organizational Structure.--(1) The Secretary of 
Veterans Affairs may not alter or revise the organizational structure 
or the administrative structure of the Readjustment Counseling Service 
until--
            (A) the Secretary has submitted to the Committees on 
        Veterans' Affairs of the Senate and House of Representatives a 
        report containing a full and complete statement of the proposed 
        alteration or revision; and
            (B) a period of 60 days has elapsed after the date on which 
        the report is received by the committees.
    (2) In the computation of the 60-day period under paragraph (1)(B), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 calendar days 
to a day certain.
    (d) Budget Information Relating to the Service.--Each budget 
submitted to Congress by the President under section 1105 of title 31, 
United States Code, shall set forth the amount requested in the budget 
for the operation of the Readjustment Counseling Service in the fiscal 
year covered by the budget and shall set forth separately the amount 
requested for administrative oversight of the activities of the service 
(including the amount requested for funding of the Advisory Committee 
on Readjustment of Veterans).

SEC. 3. DIRECTOR OF THE READJUSTMENT COUNSELING SERVICE.

    (a) Director.--Section 7306(b) of title 38, United States Code, is 
amended--
            (1) by striking out ``and'' at the end of paragraph (2);
            (2) by striking out the period at the end of paragraph (3) 
        and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(4) one shall be a person who (A)(i) is a qualified 
        psychiatrist, (ii) is a qualified psychologist holding a 
        diploma as a doctorate in clinical or counseling psychology 
        from an authority approved by the American Psychological 
        Association and has successfully undergone an internship 
        approved by that association, (iii) is a qualified holder of a 
        master in social work degree, or (iv) is a registered nurse 
        holding a master of science in nursing degree in psychiatric 
        nursing or any other mental-health related degree approved by 
        the Secretary, and (B) has at least 3 years of clinical 
        experience and 2 years of administrative experience in the 
        Readjustment Counseling Service or other comparable mental 
        health care counseling service (as determined by the 
        Secretary), who shall be the director of the Readjustment 
        Counseling Service.''.
    (b) Status of Director.--Section 7306(a)(3) of such title is 
amended by striking out ``eight'' and inserting in lieu thereof 
``nine''.
    (c) Organizational Requirement.--The Director of the Readjustment 
Counseling Service shall report to the Under Secretary for Health of 
the Department of Veterans Affairs through the Associate Deputy Under 
Secretary for Health for Clinical Programs.

SEC. 4. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND 
              CERTAIN RELATED COUNSELING SERVICES.

    (a) Readjustment Counseling.--(1) Subsection (a) of section 1712A 
of title 38, United States Code, is amended to read as follows:
    ``(a)(1)(A) Upon the request of any veteran referred to in 
subparagraph (B) of this paragraph, the Secretary shall furnish 
counseling to the veteran to assist the veteran in readjusting to 
civilian life.
    ``(B) A veteran referred to in subparagraph (A) of this paragraph 
is any veteran who--
            ``(i) served on active duty during the Vietnam era; or
            ``(ii) served on active military, naval, or air service in 
        a theater of combat operations (as determined by the Secretary, 
        in consultation with the Secretary of Defense) during a period 
        of war or in any other area during a period in which 
        hostilities (as defined in subparagraph (D) of this paragraph) 
        occurred in such area.
    ``(C) Upon the request of any veteran other than a veteran referred 
to in subparagraph (A) of this paragraph, the Secretary may furnish 
counseling to the veteran to assist the veteran in readjusting to 
civilian life.
    ``(D) For the purposes of subparagraph (A) of this paragraph, the 
term `hostilities' means an armed conflict in which the members of the 
Armed Forces are subjected to danger comparable to the danger to which 
members of the Armed Forces have been subjected in combat with enemy 
armed forces during a period of war, as determined by the Secretary in 
consultation with the Secretary of Defense.
    ``(2) The counseling referred to in paragraph (1) shall include a 
general mental and psychological assessment of a covered veteran to 
ascertain whether such veteran has mental or psychological problems 
associated with readjustment to civilian life.''.
    (2) Subsection (c) of such section is repealed.
    (b) Other Counseling.--Such section is further amended by inserting 
after subsection (b) the following new subsection (c):
    ``(c)(1) The Secretary shall provide the counseling services 
described in section 1701(6)(B)(ii) of this title to the surviving 
parents, spouse, and children of any member of the Armed Forces who is 
killed during service on active military, naval, or air service in a 
theater of combat operations (as determined by the Secretary, in 
consultation with the Secretary of Defense) during a period of war or 
in any other area during a period in which hostilities (as defined in 
subsection (a)(1)(D) of this section) occurred in such area.
    ``(2) The Secretary may provide the counseling services referred to 
in paragraph (1) to the surviving parents, spouse, and children of any 
member of the Armed Forces who dies while serving on active duty or 
from a condition (as determined by the Secretary) incurred in or 
aggravated by such service.''.
    (c) Authority To Contract for Counseling Services.--Subsection (e) 
of such section is amended by striking out ``subsections (a) and (b)'' 
each place it appears and inserting in lieu thereof ``subsections (a), 
(b), and (c)''.

SEC. 5. ADVISORY COMMITTEE ON THE READJUSTMENT OF VETERANS.

    (a) In General.--(1) Subchapter II of chapter 17 of title 38, 
United States Code, is amended by inserting after section 1712B the 
following:
``Sec. 1712C. Advisory Committee on the Readjustment of Veterans
    ``(a)(1) There is in the Department the Advisory Committee on the 
Readjustment of Veterans (hereafter in this section referred to as the 
`Committee').
    ``(2) The Committee shall consist of not more than 18 members 
appointed by the Secretary from among veterans who--
            ``(A) have demonstrated significant civic or professional 
        achievement; and
            ``(B) have experience with the provision of veterans 
        benefits and services by the Department.
    ``(3) The Secretary shall seek to ensure that members appointed to 
the Committee include persons from a wide variety of geographic areas 
and ethnic backgrounds, persons from veterans service organizations, 
and women.
    ``(4) The Secretary shall determine the terms of service and pay 
and allowances of the members of the Committee, except that a term of 
service may not exceed 2 years. The Secretary may reappoint any member 
for additional terms of service.
    ``(b)(1) The Secretary shall, on a regular basis, consult with and 
seek the advice of the Committee with respect to the provision by the 
Department of benefits and services to veterans in order to assist 
veterans in the readjustment to civilian life.
    ``(2)(A) In providing advice to the Secretary under this 
subsection, the Committee shall--
            ``(i) assemble and review information relating to the needs 
        of veterans in readjusting to civilian life;
            ``(ii) provide information relating to the nature and 
        character of psychological problems arising from service in the 
        Armed Forces;
            ``(iii) provide an on-going assessment of the effectiveness 
        of the policies, organizational structures, and services of the 
        Department in assisting veterans in readjusting to civilian 
        life; and
            ``(iv) provide on-going advice on the most appropriate 
        means of responding to the readjustment needs of veterans in 
        the future.
    ``(B) In carrying out its duties under subparagraph (A), the 
Committee shall take into special account veterans of the Vietnam era, 
and the readjustment needs of such veterans.
    ``(c)(1) Not later than March 31 of each year, the Committee shall 
submit to the Secretary a report on the programs and activities of the 
Department that relate to the readjustment of veterans to civilian 
life. Each such report shall include--
            ``(A) an assessment of the needs of veterans with respect 
        to readjustment to civilian life;
            ``(B) a review of the programs and activities of the 
        Department designed to meet such needs; and
            ``(C) such recommendations (including recommendations for 
        administrative and legislative action) as the Committee 
        considers appropriate.
    ``(2) Not later than 90 days after the receipt of each report under 
paragraph (1), the Secretary shall transmit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a copy of 
the report, together with any comments and recommendations concerning 
the report that the Secretary considers appropriate.
    ``(3) The Committee may also submit to the Secretary such other 
reports and recommendations as the Committee considers appropriate.
    ``(4) The Secretary shall submit with each annual report submitted 
to the Congress pursuant to section 529 of this title a summary of all 
reports and recommendations of the Committee submitted to the Secretary 
since the previous annual report of the Secretary submitted pursuant to 
that section.
    ``(d)(1) Except as provided in paragraph (2), the provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the 
activities of the Committee under this section.
    ``(2) Section 14 of such Act shall not apply to the Committee.''.
    (2) The table of sections at the beginning of chapter 17 of such 
title is amended by inserting after the item relating to section 1712B 
the following:

``1712C. Advisory Committee on the Readjustment of Veterans.''.
    (b) Original Members.--(1) Notwithstanding subsection (a)(2) of 
section 1712C of such title (as added by subsection (a)), the members 
of the Advisory Committee on the Readjustment of Vietnam and Other War 
Veterans on the date of the enactment of this Act shall be the original 
members of the advisory committee recognized under such section.
    (2) The original members shall so serve until the Secretary of 
Veterans Affairs carries out appointments under such subsection (a)(2). 
The Secretary shall carry out such appointments as soon after such date 
as is practicable. The Secretary may make such appointments from among 
such original members.

SEC. 6. PLAN FOR EXPANSION OF VIETNAM VETERAN RESOURCE CENTER PILOT 
              PROGRAM.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a plan for the expansion of the Vietnam Veteran 
Resource Center program established pursuant to the amendment made by 
section 105 of the Veterans' Administration Health-Care Amendments of 
1985 (Public Law 99-166; 99 Stat. 944). The plan shall include a 
schedule for, and an assessment of the cost of, the implementation of 
the program at or through all Department of Veterans Affairs 
readjustment counseling centers.
    (2) The Secretary shall submit the plan not later than 4 months 
after the date of the enactment of this Act.
    (b) Definition.--In this section, the term ``Department of Veterans 
Affairs readjustment counseling centers'' has the same meaning given 
the term ``center'' in section 1712A(i)(1) of title 38, United States 
Code.

SEC. 7. REPORT ON COLLOCATION OF VET CENTERS AND DEPARTMENT OF VETERANS 
              AFFAIRS OUTPATIENT CLINICS.

    (a) Requirement.--(1) The Secretary of Veterans Affairs shall 
submit to the Committees on Veterans' Affairs of the Senate and House 
of Representatives a report on the feasibility and desirability of the 
collocation of Vet Centers and outpatient clinics (including rural 
mobile clinics) of the Department of Veterans Affairs as current leases 
for such centers and clinics expire.
    (2) The Secretary shall submit the report not later than 6 months 
after the date of the enactment of this Act.
    (b) Covered Matters.--The report under this section shall include 
an assessment of the following:
            (1) The results of any collocation of Vet Centers and 
        outpatient clinics carried out by the Secretary before the date 
        of the enactment of this Act, including the effects of such 
        collocation on the quality of care provided at such centers and 
        clinics.
            (2) The effect of such collocation on the capacity of such 
        centers to carry out their primary mission.
            (3) The extent to which such collocation will impair the 
        operational independence or administrative integrity of such 
        centers.
            (4) The feasibility of combining the services provided by 
        such centers and clinics in the course of the collocation of 
        such centers and clinics.
            (5) The advisability of the collocation of centers and 
        clinics of significantly different size.
            (6) The effect of the locations (including urban and rural 
        locations) of the centers and clinics on the feasibility and 
        desirability of such collocation.
            (7) The amount of any costs savings to be achieved by 
        Department as a result of such collocation.
            (8) The desirability of such collocation in light of plans 
        for the provision of health care services by the Department 
        under national health care reform.
            (9) Any other matters that the Secretary determines 
        appropriate.

SEC. 8. VET CENTER HEALTH CARE PILOT PROGRAM.

    (a) In General.--The Secretary of Veterans Affairs shall carry out 
a pilot program for the provision of health-related services to 
eligible veterans at readjustment counseling centers. The Secretary 
shall carry out the pilot program in accordance with this section.
    (b) Services.--(1) In carrying out the pilot program, the Secretary 
shall provide the services referred to in paragraph (2) at not less 
than 10 readjustment counseling centers in existence on the date of the 
enactment of this Act.
    (2) The Secretary shall provide basic ambulatory services and 
health care screening services by such personnel as the Secretary 
considers appropriate at each readjustment counseling center under the 
pilot program. The Secretary shall assign not less than one-half of a 
full-time employee equivalent at each such center in order to provide 
such services under the pilot program.
    (3) In determining the location of the readjustment counseling 
centers at which to provide services under the pilot program, the 
Secretary shall select centers that are located in a variety of 
geographic areas and that serve veterans of a variety of economic, 
social, and ethnic backgrounds.
    (c) Period of Operation.--(1) The Secretary shall commence the 
provision of health-related services at readjustment counseling centers 
under the pilot program not later than 4 months after the date of the 
enactment of this Act.
    (2) The pilot program shall terminate 2 years after the date on 
which the Secretary commences the provision of services under paragraph 
(1).
    (d) Report.--(1) The Secretary shall submit to Congress a report on 
the pilot program established under this section. The report shall 
include the following:
            (A) A description of the program, including information 
        on--
                    (i) the number of veterans provided basic 
                ambulatory services and health care screening services 
                under the pilot program;
                    (ii) the number of such veterans referred to 
                Department of Veterans Affairs general health-care 
                facilities in order to provide such services to such 
                veterans; and
                    (iii) the cost to the Department of Veterans 
                Affairs of the pilot program.
            (B) An analysis of the effectiveness of the services 
        provided to veterans under the pilot program.
            (C) The recommendations of the Secretary for means of 
        improving the pilot program, and an estimate of the cost to the 
        Department of implementing such recommendations.
            (D) An assessment of the desirability of expanding the type 
        or nature of services provided under the pilot program in light 
        of plans for the provision of health care services by the 
        Department under national health care reform.
            (E) An assessment of the extent to which the provision of 
        services under the pilot program impairs the operational or 
        administrative independence of the readjustment counseling 
        centers at which such services are provided.
            (F) An assessment of the effect of the location of the 
        centers on the effectiveness for the Department and for 
        veterans of the services provided under the pilot program.
            (G) Such other information as the Secretary considers 
        appropriate.
    (2) The Secretary shall submit the report not later than 18 months 
after the date of the enactment of this Act.
    (e) Definitions.--For the purposes of this section:
            (1) The term ``Department of Veterans Affairs general 
        health-care facility'' has the meaning given such term in 
        section 1712A(i)(2) of title 38, United States Code.
            (2) The term ``eligible veteran'' means any veteran 
        eligible for outpatient services under paragraph (1), (2), or 
        (3) of section 1712(a) of such title.
            (3) The term ``readjustment counseling center'' has the 
        same meaning given the term ``center'' in section 1712A(i)(1) 
        of such title.
                                 
S 403 IS----2

A: Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs.  Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification.  Requires RCS budget information to be included annually in the President's budget submitted to the Congress. 
Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service.  Makes such a qualified person the director of RCS. 
Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. 
Directs the Secretary to furnish readjustment counseling to any veteran who:  (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred.  Authorizes the Secretary to furnish such assistance to any other veteran upon request.   Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty.  Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. 
Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans.  Requires specified reports from the Advisory Committee and the Secretary. 
Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. 
Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Tax Relief and 
Retirement Restoration Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Small businesses are critical to the economic recovery 
        of the United States.
            (2) As a consequence of the recession that began in 
        December 2007, even fundamentally healthy small businesses have 
        been unable to access the credit they need.
            (3) Data released by the Federal Deposit Insurance 
        Corporation indicate that lending to small businesses fell in 
        2009 by ``the largest percentage decline since 1942''.
            (4) Limited access to credit has forced many small business 
        owners to use their personal assets, including retirement 
        savings, to ensure that their enterprises survive.
            (5) Such actions have helped to mitigate further job 
        losses.
            (6) While it is appropriate for Congress to resist calls to 
        allow individual retirement account holders to withdraw loans 
        during normal economic times, the current recession represents 
        an extraordinary situation during which extraordinary measures 
        must be taken.
            (7) A targeted and temporary suspension of penalties for 
        loans made from retirement accounts will help small businesses 
        recover and provide a direct infusion of funds into the 
        economy.

SEC. 3. LOANS FROM INDIVIDUAL RETIREMENT PLANS FOR CERTAIN SMALL 
              BUSINESS EXPENSES.

    (a) In General.--Subsection (e) of section 408 of the Internal 
Revenue Code of 1986 (relating to tax treatment of accounts and 
annuities) is amended by adding at the end the following new paragraph:
            ``(7) Temporary exception for loans from individual 
        retirement plans for certain small business expenses.--
                    ``(A) In general.--On election of the taxpayer, 
                paragraphs (2) and (3) of this subsection and section 
                4975 shall not apply with respect to any qualified 
                small business loan from an individual retirement plan 
                to the individual for whose benefit the plan is 
                maintained.
                    ``(B) Qualified small business loan.--For purposes 
                of this paragraph--
                            ``(i) In general.--The term `qualified 
                        small business loan' means, with respect to any 
                        taxable year, a loan the principal amount of 
                        which does not exceed the amounts paid or 
                        incurred by the taxpayer, with respect to a 
                        trade or business carried on by the taxpayer--
                                    ``(I) for the purchase of property 
                                which is placed in service during the 
                                taxable year which is used in the trade 
                                or business of the taxpayer and which 
                                is subject to the allowance for 
                                depreciation provided in section 167 or 
                                is real property used in such trade or 
                                business, or--
                                    ``(II) for salaries or wages (other 
                                than for bonuses) of unrelated 
                                employees in such trade or business for 
                                the taxable year.
                            ``(ii) Aggregation of loans.--All loans 
                        with respect to which the taxpayer elects the 
                        application of this paragraph for the taxable 
                        year shall be aggregated for purposes of 
                        determining whether a loan is a qualified small 
                        business loan under clause (i).
                    ``(C) Requirements related to loan repayments.--
                            ``(i) Requirement that loan be repaid 
                        within 5 years.--Paragraph (1) shall not apply 
                        to any loan unless such loan is required, by 
                        its terms, to be repaid within 5 years.
                            ``(ii) Requirement of level amortization.--
                        Rules similar to the rules of section 
                        72(p)(2)(C) shall apply for purposes of this 
                        subsection.
                            ``(iii) Failure to repay treated as 
                        distribution.--A qualified small business loan 
                        shall not be treated as a distribution from the 
                        individual retirement plan except that any 
                        repayment of a qualified small business loan 
                        which is not made on the date that such payment 
                        is due shall be treated as a distribution from 
                        the individual retirement plan on such date.
                    ``(D) Related persons.--For purposes of this 
                paragraph, a person shall be treated as related to 
                another person if the relationship between such persons 
                would result in the disallowance of losses under 
                section 267 or 707(b).
                    ``(E) Termination.--Subparagraph (A) shall not 
                apply to any loan made after December 31, 2010.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to loans made after December 31, 2007.
            (2) Distributions prior to date of enactment.--In the case 
        of any distribution made after December 31, 2007, and before 
        the date of the enactment of this Act, if the taxpayer so 
        elects (at such time and in such form and manner as the 
        Secretary of the Treasury shall prescribe), such distribution 
        shall be treated as a loan for purposes of section 408(e)(7) of 
        the Internal Revenue Code of 1986, but only to the extent such 
        distribution does not exceed the amount described in 
        subparagraph (B) thereof (in the taxable year of distribution), 
        and only if beginning on a date not later than 1 year after the 
        date of the enactment of this Act such distribution meets the 
        requirements of section 408(e)(7) of such Code.

SEC. 4. QUALIFIED SMALL BUSINESS LOANS FROM QUALIFIED EMPLOYER PLAN.

    (a) In General.--Subsection (p) of section 72 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(6) Special rule for qualified small business loans.--
                    ``(A) In general.--On the election of the taxpayer, 
                paragraph (1) shall not apply to any loan to the extent 
                that such loan is a qualified small business loan that 
                meets the requirements of subparagraphs (B)(i) and (C) 
                of paragraph (2).
                    ``(B) Application of limitation and coordination 
                with pre-effective date loans.--Any qualified small 
                business loan shall be taken into account under 
                paragraph (2) only with respect to amounts received as 
                a loan (other than qualified small business loans) 
                after the date of the enactment of this paragraph.
                    ``(C) Qualified small business loan.--For purposes 
                of this paragraph, the term `qualified small business 
                loan' shall have the meaning given such term in section 
                408(e)(7)(B).
                    ``(D) Termination.--This paragraph shall not apply 
                to any amount received as a loan after December 31, 
                2010.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to loans made after December 31, 2007.
    (c) Distributions Prior to Date of Enactment.--In the case of any 
distribution made after December 31, 2007, and before the date of the 
enactment of this Act, if the taxpayer so elects (at such time and in 
such form and manner as the Secretary of the Treasury shall prescribe), 
such distribution shall be treated as a loan to which section 72(p)(1) 
of the Internal Revenue Code of 1986 does not apply, but only to the 
extent such distribution does not exceed the amount described in 
section 408(e)(7)(B) of such Code (in the taxable year of 
distribution), and only if beginning on a date not later than 1 year 
after the date of the enactment of this Act such distribution is 
structured as a loan which meets the requirements of subparagraphs 
(B)(i) and (C) of section 72(p)(2) of such Code.

A:
Small Business Tax Relief and Retirement Restoration Act of 2010 - Amends the Internal Revenue Code to permit until December 31, 2010, penalty-free distributions from an individual retirement account (IRA) or a qualified employer plan for the purpose of making loans to a small business to purchase depreciable property to be used by such business or for employee salaries or wages (other than for bonuses). Requires such loans to be repaid to the IRA within five years.
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