114 S1610 IS: Building and Lifting Trust In order to Multiply Opportunities and Racial Equality Act of 2015
U.S. Senate
2015-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1610
		IN THE SENATE OF THE UNITED STATES

			June 18, 2015
			Mr. Cardin (for himself and Ms. Mikulski) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To eliminate racial profiling by law enforcement officers, promote accountability for State and
			 local law enforcement agencies, reenfranchise citizens, eliminate
			 sentencing disparities, and promote re-entry and employment programs, and
			 for other purposes.

		1.Short title; table of contents
			(a)Short title
 This Act may be cited as the Building and Lifting Trust In order to Multiply Opportunities and Racial Equality Act of 2015 or the BALTIMORE Act.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. TITLE I—Law Enforcement Reform Subtitle A—End Racial Profiling Act Sec. 101. Short title. Sec. 102. Definitions. Part I—Prohibition of Racial Profiling Sec. 111. Prohibition. Sec. 112. Enforcement. Part II—Programs To Eliminate Racial Profiling By Federal Law Enforcement Agencies Sec. 121. Policies to eliminate racial profiling. Part III—Programs To Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies Sec. 131. Policies required for grants. Sec. 132. Involvement of Attorney General. Sec. 133. Data collection demonstration project. Sec. 134. Best practices development grants. Sec. 135. Authorization of appropriations. Part IV—Data Collection Sec. 141. Attorney General to issue regulations. Sec. 142. Publication of data. Sec. 143. Limitations on publication of data. Part V—Department of Justice Regulations and Reports on Racial Profiling in the United States Sec. 151. Attorney General to issue regulations and reports. Part VI—Miscellaneous Provisions Sec. 161. Severability. Sec. 162. Savings clause. Subtitle B—Police CAMERA Act Sec. 181. Short title. Sec. 182. Matching grant program for law enforcement body-worn cameras. Subtitle C—Department of Justice grant programs and law enforcement reform Sec. 191. Improving law enforcement officer training. Sec. 192. Requirement for DOJ grant programs. Sec. 193. Improving crime statistic reporting. Sec. 194. Sense of Congress on reporting of crime statistics. TITLE II—Voting Rights Reform and Civil Rights Restoration Subtitle A—Democracy restoration Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Rights of citizens. Sec. 204. Enforcement. Sec. 205. Notification of restoration of voting rights. Sec. 206. Definitions. Sec. 207. Relation to other laws. Sec. 208. Federal prison funds. Sec. 209. Effective date. Subtitle B—Restoration of Federal jury service Sec. 221. Qualifications for jury service. TITLE III—Sentencing Law Reform Sec. 301. Short title. Sec. 302. Reclassification of low-level felonies. Sec. 303. Weighing of controlled substances mixed with food products. Sec. 304. Applicability to pending and past cases. Sec. 305. Emergency authority for united states sentencing commission. Sec. 306. Establishment of the safe neighborhoods and schools fund. TITLE IV—Re-Entry and Employment Law Reform Subtitle A—Improvements to the Second Chance Act Sec. 401. Improvements to existing programs. Subtitle B—Workforce Innovation and Opportunity Act Reentry Employment Opportunities Sec. 411. Authorization of appropriations for the Reentry Employment Opportunities program. Subtitle C—Sense of Congress Sec. 421. Sense of Congress.  ILaw Enforcement Reform AEnd Racial Profiling Act 101.Short titleThis subtitle may be cited as the End Racial Profiling Act of 2015.
 102.DefinitionsIn this subtitle: (1)Covered programThe term covered program means any program or activity funded in whole or in part with funds made available under—
 (A)the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and
 (B)the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph.
						(2)Governmental
 bodyThe term governmental body means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government.
					(3)Hit
 rateThe term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops.
					(4)Indian
 tribeThe term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
					(5)Law enforcement
 agencyThe term law enforcement agency means any Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.
					(6)Law enforcement
 agentThe term law enforcement agent means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency.
					(7)Racial
 profilingThe term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme.
					(8)Routine or
 spontaneous investigatory activitiesThe term routine or spontaneous investigatory activities means the following activities by a law enforcement agent:
 (A)Interviews. (B)Traffic stops.
 (C)Pedestrian stops.
 (D)Frisks and other types of body searches.
 (E)Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians.
 (F)Data collection and analysis, assessments, and predicated investigations.
 (G)Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.
 (H)Immigration-related workplace investigations.
 (I)Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics.
						(9)Reasonable
 requestThe term reasonable request means all requests for information, except for those that—
 (A)are immaterial to the investigation;
 (B)would result in the unnecessary disclosure of personal information; or
 (C)would place a severe burden on the resources of the law enforcement agency given its size.
 (10)StateThe term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
					(11)Unit of local
 governmentThe term unit of local government means—
 (A)any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;
 (B)any law enforcement district or judicial enforcement district that—
 (i)is established under applicable State law; and
 (ii)has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or
 (C)any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior.
						IProhibition of
			 Racial Profiling
 111.ProhibitionNo law enforcement agent or law enforcement agency shall engage in racial profiling.
					112.Enforcement
 (a)RemedyThe United States, or an individual injured by racial profiling, may enforce this part in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.
 (b)PartiesIn any action brought under this part, relief may be obtained against—
 (1)any governmental body that employed any law enforcement agent who engaged in racial profiling;
 (2)any agent of such body who engaged in racial profiling; and
 (3)any person with supervisory authority over such agent.
							(c)Nature of
 proofProof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section 102(7) shall constitute prima facie evidence of a violation of this part.
						(d)Attorney’s
 feesIn any action or proceeding to enforce this part against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.
						IIPrograms To
			 Eliminate Racial Profiling By Federal Law Enforcement Agencies
					121.Policies to
			 eliminate racial profiling
						(a)In
 generalFederal law enforcement agencies shall— (1)maintain adequate policies and procedures designed to eliminate racial profiling; and
 (2)cease existing practices that permit racial profiling.
 (b)PoliciesThe policies and procedures described in subsection (a)(1) shall include—
 (1)a prohibition on racial profiling;
 (2)training on racial profiling issues as part of Federal law enforcement training;
 (3)the collection of data in accordance with the regulations issued by the Attorney General under section 141;
 (4)procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and
 (5)any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.
							IIIPrograms To
			 Eliminate Racial Profiling By State, Local, and Indian Tribal Law
			 Enforcement
			 Agencies
					131.Policies
			 required for grants
						(a)In
 generalAn application by a State, a unit of local government, or a State, local, or Indian tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds—
 (1)maintains adequate policies and procedures designed to eliminate racial profiling; and
 (2)has eliminated any existing practices that permit or encourage racial profiling.
 (b)PoliciesThe policies and procedures described in subsection (a)(1) shall include—
 (1)a prohibition on racial profiling;
 (2)training on racial profiling issues as part of law enforcement training;
 (3)the collection of data in accordance with the regulations issued by the Attorney General under section 141; and
 (4)participation in an administrative complaint procedure or independent audit program that meets the requirements of section 132.
							(c)Effective
 dateThis section shall take effect 12 months after the date of enactment of this Act.
						132.Involvement of
			 Attorney General
						(a)Regulations
							(1)In
 generalNot later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies.
 (2)GuidelinesThe regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs.
 (b)NoncomplianceIf the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 131 or the regulations issued under subsection (a), the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for 1 or more grants to the recipient under the covered program, until the recipient establishes compliance.
						(c)Private
 partiesThe Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this part.
						133.Data collection
			 demonstration project
						(a)Competitive
			 awards
							(1)In
 generalThe Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion.
							(2)Number of
 grantsThe Attorney General shall provide not more than 5 grants or contracts under this section.
							(3)Eligible
 granteesGrants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily.
							(b)Required
 activitiesActivities carried out with a grant under this section shall include—
 (1)developing a data collection tool and reporting the compiled data to the Attorney General; and
 (2)training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches.
 (c)EvaluationNot later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data collected by each of the grantees funded under this section.
						(d)Authorization of
 appropriationsThere are authorized to be appropriated to carry out activities under this section—
 (1)$5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a); and
 (2)$500,000 to carry out the evaluation under subsection (c).
							134.Best practices
			 development grants
						(a)Grant
 authorizationThe Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling.
						(b)Use of
 fundsThe funds provided under subsection (a) shall be used for programs that include the following purposes:
 (1)The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public.
 (2)The acquisition and use of technology to facilitate the accurate collection and analysis of data.
 (3)The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct.
 (4)The establishment and maintenance of an administrative complaint procedure or independent auditor program.
							(c)Equitable
 distributionThe Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies.
 (d)ApplicationEach State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
						135.Authorization
 of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this part.
					IVData
			 Collection
					141.Attorney
			 General to issue regulations
 (a)RegulationsNot later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 121 and 131.
 (b)RequirementsThe regulations issued under subsection (a) shall—
 (1)provide for the collection of data on all routine or spontaneous investigatory activities;
 (2)provide that the data collected shall—
 (A)be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer;
 (B)include the date, time, and location of such investigatory activities;
 (C)include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and
 (D)not include personally identifiable information;
 (3)provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice;
 (4)provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3), and submit the form to the Civil Rights Division and the Department of Justice Bureau of Justice Statistics;
 (5)provide that law enforcement agencies shall maintain all data collected under this subtitle for not less than 4 years;
 (6)include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured;
 (7)provide that the Department of Justice Bureau of Justice Statistics shall—
 (A)analyze the data for any statistically significant disparities, including—
 (i)disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood;
 (ii)disparities in the hit rate; and
 (iii)disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on non-minority drivers; and
 (B)not later than 3 years after the date of enactment of this Act, and annually thereafter—
 (i)prepare a report regarding the findings of the analysis conducted under subparagraph (A);
 (ii)provide such report to Congress; and
 (iii)make such report available to the public, including on a website of the Department of Justice; and
 (8)protect the privacy of individuals whose data is collected by—
 (A)limiting the use of the data collected under this subtitle to the purposes set forth in this subtitle;
 (B)except as otherwise provided in this subtitle, limiting access to the data collected under this subtitle to those Federal, State, local, or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this subtitle;
 (C)requiring contractors or other non-governmental agents who are permitted access to the data collected under this subtitle to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and
 (D)requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this subtitle.
								142.Publication of
 dataThe Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in section 141, the data collected pursuant to this subtitle, excluding any personally identifiable information described in section 143.
					143.Limitations on
 publication of dataThe name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this subtitle shall not be—
 (1)released to the public;
 (2)disclosed to any person, except for—
 (A)such disclosures as are necessary to comply with this subtitle;
 (B)disclosures of information regarding a particular person to that person; or
 (C)disclosures pursuant to litigation; or
 (3)subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person.
						VDepartment of
			 Justice Regulations and Reports on Racial Profiling in the United
			 States
					151.Attorney
			 General to issue regulations and reports
 (a)RegulationsIn addition to the regulations required under sections 133 and 141, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this subtitle.
						(b)Reports
							(1)In
 generalNot later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies.
 (2)ScopeEach report submitted under paragraph (1) shall include—
 (A)a summary of data collected under sections 121(b)(3) and 131(b)(3) and from any other reliable source of information regarding racial profiling in the United States;
 (B)a discussion of the findings in the most recent report prepared by the Department of Justice Bureau of Justice Statistics under section 141(b)(7);
 (C)the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 121 and by the State and local law enforcement agencies under sections 131 and 132; and
 (D)a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling.
								VIMiscellaneous
			 Provisions
 161.SeverabilityIf any provision of this subtitle, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this subtitle and the application of the remaining provisions of this subtitle to any person or circumstance shall not be affected thereby.
					162.Savings
 clauseNothing in this subtitle shall be construed—
 (1)to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983), section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141), the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
 (2)to affect any Federal, State, or tribal law that applies to an Indian tribe because of the political status of the tribe; or
 (3)to waive the sovereign immunity of an Indian tribe without the consent of the tribe.
						BPolice CAMERA Act
 181.Short titleThis subtitle may be cited as the Police Creating Accountability by Making Effective Recording Available Act of 2015 or the Police CAMERA Act.
 182.Matching grant program for law enforcement body-worn camerasTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

						LLMatching grant program for law enforcement body-worn cameras
							3021.Grant program authorized
 (a)In generalThe Assistant Attorney General for the Office of Justice Programs (in this section referred to as the Assistant Attorney General) may make grants to States, units of local government, and Indian tribes to purchase or lease body-worn cameras for use by State, local, and tribal law enforcement officers (as defined in section 2503) and expenses related to the implementation of a body-worn camera program in order to deter excessive force, improve accountability and transparency of use of force by law enforcement officers, assist in responding to complaints against law enforcement officers, and improve evidence collection.
								(b)Duration of grants
 (1)In generalGrants awarded under this part shall be 2 years in duration. (2)Disbursement of grant amountIn disbursing a grant awarded to an entity under this section—
 (A)upon awarding the grant to the entity, the Assistant Attorney General shall disburse 50 percent of the total grant amount to the entity; and
 (B)upon demonstration by the entity of completion of the requirements in subsection (d)(1), the Assistant Attorney General shall disburse the remaining 50 percent of the total grant amount to the entity.
 (c)Use of fundsGrants awarded under this section shall be— (1)distributed directly to the State, unit of local government, or Indian tribe; and
 (2)used for— (A)the purchase or lease of body-worn cameras for law enforcement officers on patrol in the jurisdiction of the grantee;
 (B)any costs relating to the implementation of a body-worn camera program, including law enforcement officer training or the storage or maintenance of data collected under a body-worn camera program; or
 (C)implementing policies or procedures to comply with the requirements described in subsection (d). (d)Requirements (1)In generalThe Assistant Attorney General shall award a grant under this section to a State, unit of local government, or Indian tribe requesting the grant that commits to—
 (A)establishing policies and procedures in accordance with the requirements described in paragraph (2) before law enforcement officers use of body-worn cameras;
 (B)adopting data collection and retention protocols as described in paragraph (3) before law enforcement officers use of body-worn cameras;
 (C)making the policies and protocols described in subparagraphs (A) and (B) available to the public; and
 (D)complying with the requirements for use of data under paragraph (4). (2)Required policies and proceduresAn entity receiving a grant under this section shall—
 (A)develop with community input and publish for public view policies and protocols for— (i)the safe and effective use of body-worn cameras;
 (ii)the secure storage, handling, and destruction of data collected by body-worn cameras; (iii)protecting the privacy rights of any individual who may be recorded by a body-worn camera; and
 (iv)the release of any data collected by a body-worn camera in accordance with the open records laws, if any, of the State; and
 (B)conduct periodic evaluations of the security of the storage and handling of the body-worn camera data.
 (3)Data collection and retention protocolThe data collection and retention protocol described in this paragraph is a protocol that— (A)requires—
 (i)a law enforcement officer who is wearing a body-mounted camera to provide an explanation if an activity that is required to be recorded by the body-mounted camera is not recorded;
 (ii)a law enforcement officer who is wearing a body-mounted camera to obtain consent to be recorded from a crime victim or witness before interviewing the victim or witness;
 (iii)the collection of data unrelated to a legitimate law enforcement purpose be minimized to the greatest extent practicable;
 (iv)the system used to store data collected by body-worn cameras shall log all viewing, modification, or deletion of stored data and shall prevent, to the greatest extent practicable, the unauthorized access or disclosure of stored data;
 (v)any law enforcement officer be prohibited from accessing the stored data without an authorized purpose; and
 (vi)the law enforcement agency to collect and report data on— (I)incidences of use of force, disaggregated by race, ethnicity, gender, and age of the victim;
 (II)the number of complaints filed against law enforcement officers; (III)the disposition of complaints filed against law enforcement officers; and
 (IV)the number of times camera footage is used for evidence collection in investigations of crimes; (B)allows an individual to file a complaint with a law enforcement agency relating to the improper use of body-worn cameras; and
 (C)complies with any other requirements established by the Assistant Attorney General. (4)Use or transfer of data (A)In generalData collected by an entity receiving a grant under this section from a body-mounted camera shall be used only in internal and external investigations of misconduct by a law enforcement agency or officer, if there is reasonable suspicion that a recording contains evidence of a crime, or for limited training purposes. The Assistant Attorney General shall establish rules to ensure that the data is used only for the purposes described in this subparagraph.
 (B)Prohibition on transferExcept as provided in subparagraph (B), an entity receiving a grant under this section may not transfer any data collected by the entity from a body-mounted camera to another law enforcement or intelligence agency.
										(C)Exceptions
 (i)Criminal investigationAn entity receiving a grant under this section may transfer data collected by the entity from a body-mounted camera to another law enforcement agency or intelligence agency for use in a criminal investigation if the requesting law enforcement or intelligence agency has reasonable suspicion that the requested data contains evidence relating to the crime being investigated.
 (ii)Civil rights claimsAn entity receiving a grant under this section may transfer data collected by the law enforcement agency from a body-mounted camera to another law enforcement agency for use in an investigation of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States.
											(e)Matching funds
 (1)In generalExcept as provided in paragraph (3), the Federal share of the cost of a program carried out using a grant under this part may not exceed 75 percent of the total cost of the program.
 (2)Indian assistanceAny funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of the matching requirement described in paragraph (1).
 (3)WaiverThe Assistant Attorney General may waive, in whole or in part, the matching requirement described in paragraph (1) in the case of fiscal hardship, as determined by the Assistant Attorney General.
 (f)Allocation of fundsFor fiscal years 2015 and 2016, of the amounts appropriated to the Office of Justice Programs, $10,000,000 shall be used to carry out this part.
								3022.Applications
 (a)In generalTo request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Assistant Attorney General in such form and containing such information as the Assistant Attorney General may reasonably require.
 (b)RegulationsNot later than 90 days after the date of the enactment of this part, the Assistant Attorney General shall promulgate regulations to implement this part, including the information that shall be included and the requirements that the States, units of local government, and Indian tribes must meet in submitting the applications required under this section.
								3023.Study
 (a)In generalNot later than 2 years after the date on which all grants are awarded under this part, the Assistant Attorney General shall conduct a study on—
 (1)the efficacy of body-worn cameras in deterring excessive force by law enforcement officers; (2)the impact of body-worn cameras on the accountability and transparency of the use of force by law enforcement officers;
 (3)the impact of body-worn cameras on responses to and adjudications of complaints of excessive force; (4)the effect of the use of body-worn cameras on the safety of law enforcement officers on patrol;
 (5)the effect of the use of body-worn cameras on public safety; (6)the impact of body-worn cameras on evidence collection for criminal investigations;
 (7)issues relating to the secure storage and handling of data from the body-worn cameras; (8)issues relating to the privacy of citizens and officers recorded on body-worn cameras;
 (9)issues relating to the public’s access to body-worn camera footage; (10)the need for proper training of law enforcement officers that use body-worn cameras;
 (11)best practices in the development of protocols for the safe and effective use of body-worn cameras; and
 (12)any other factors that the Assistant Attorney General determines are relevant in evaluating the efficacy of body-worn cameras.
 (b)ReportNot later than 180 days after the date on which the study required under subsection (a) is completed, the Assistant Attorney General shall submit to Congress a report on the study..
				CDepartment of Justice grant programs and law enforcement reform
				191.
					Improving law enforcement officer training
 (a)ReportNot later than 6 months after the date of enactment of this Act, the Attorney General shall submit a report to Congress on a plan to assist State and local law enforcement agencies to improve training in use of force, identifying racial and ethnic bias, and conflict resolution, through the course of officers’ careers, which shall include the development of Field Training Program policies and the examination of ways to partner with national law enforcement organizations to promote consistent standards for high quality training and assessment.
 (b)ContentsThe report required under subsection (a) shall contain best practices, model policies, and a training toolkit for local law enforcement, as well as free or reduced-cost courses for law enforcement agencies.
 192.Requirement for DOJ grant programsA State or local law enforcement agency applying for a law enforcement related grant administered by the Department of Justice, including any grant awarded under the Edward Byrne Memorial Justice Assistance Grant Program established under subpart I of of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) or awarded under the COPS grant program under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd), shall include in the application for the grant a report on how the officers of the law enforcement agency are trained in the use of force, racial and ethnic bias, de-escalating conflicts, and constructive engagement with the public.
				193.Improving crime statistic reporting
 (a)ReportNot later than 6 months after the date of enactment of this Act, the Attorney General shall submit to Congress a report on a plan of action for helping law enforcement agencies upgrade their information technology systems in order to submit National Incident-Based Reporting System data, including detailed crime incident data, such as arrests and officer-involved shootings, in a timely manner.
 (b)RequirementsThe plan required under subsection (a) shall include— (1)reasonable cost estimates for setting up information technology systems to connect into the Criminal Justice Information Services Division of the Department of Justice; and
 (2)a timetable for getting law enforcement agencies to submit the data described in subsection (a). 194.Sense of Congress on reporting of crime statisticsIt is the sense of Congress that all State and local law enforcement agencies receiving grant awards under the Edward Byrne Memorial Justice Assistance Grant Program established under subpart I of of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) or the COPS grant program under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) should submit, in a timely manner, their National Incident-Based Reporting System data to the Criminal Justice Information Services Division of the Department of Justice.
				IIVoting Rights Reform and Civil Rights Restoration
			ADemocracy restoration
 201.Short titleThis subtitle may be cited as the Democracy Restoration Act of 2015.
 202.FindingsCongress makes the following findings:
 (1)The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety.
 (2)Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court.
 (3)Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
 (4)There are 3 areas where discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections—
 (A)the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives;
 (B)laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and
 (C)State disenfranchisement laws disproportionately impact racial and ethnic minorities.
 (5)Two States do not disenfranchise individuals with criminal convictions at all (Maine and Vermont), but 48 States and the District of Columbia have laws that deny convicted individuals the right to vote while they are in prison.
 (6)In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 35 States, convicted individuals may not vote while they are on parole and 31 of those States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement.
 (7)Several States deny the right to vote to individuals convicted of certain misdemeanors.
 (8)An estimated 5,850,000 citizens of the United States, or about 1 in 40 adults in the United States, currently cannot vote as a result of a felony conviction. Of the 5,850,000 citizens barred from voting, only 25 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,600,000 citizens who have completed their sentences remain disenfranchised due to restrictive State laws. In 6 States—Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia—more than 7 percent of the total population is disenfranchised.
 (9)In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights.
 (10)State disenfranchisement laws disproportionately impact racial and ethnic minorities. Eight percent of the African-American population, or 2,000,000 African-Americans, are disenfranchised. Given current rates of incarceration, approximately 1 in 3 of the next generation of African-American men will be disenfranchised at some point during their lifetime. Currently, 1 of every 13 African-Americans are rendered unable to vote because of felony disenfranchisement, which is a rate 4 times greater than non African-Americans. 7.7 percent of African-Americans are disenfranchised whereas only 1.8 percent of non African-Americans are. In 3 States—Florida (23 percent), Kentucky (22 percent), and Virginia (20 percent)—more than 1 in 5 African-Americans are unable to vote because of prior convictions.
 (11)Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. If current incarceration trends hold, 17 percent of Latino men will be incarcerated during their lifetimes, in contrast to less than 6 percent of non-Latino White men. When analyzing the data across 10 States, Latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population. In 6 out of 10 States studied in 2003, Latinos constitute more than 10 percent of the total number of persons disenfranchised by State felony laws. In 4 States (California, 37 percent; New York, 34 percent; Texas, 30 percent; and Arizona, 27 percent), Latinos were disenfranchised by a rate of more than 25 percent.
 (12)Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society.
 (13)State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well.
 (14)The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions.
					203.Rights of
 citizensThe right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election.
				204.Enforcement
					(a)Attorney
 generalThe Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle.
					(b)Private right of
			 action
						(1)In
 generalA person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved.
 (2)ReliefExcept as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation.
 (3)ExceptionIf the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation.
						205.Notification of
			 restoration of voting rights
					(a)State
			 notification
 (1)NotificationOn the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2015 and may register to vote in any such election.
						(2)Date of
			 notification
							(A)Felony
 convictionIn the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual—
 (i)is sentenced to serve only a term of probation; or
 (ii)is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction).
								(B)Misdemeanor
 convictionIn the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court.
							(b)Federal
			 notification
 (1)NotificationAny individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2015 and may register to vote in any such election.
						(2)Date of
			 notification
							(A)Felony
 convictionIn the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given—
 (i)in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or
 (ii)in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons.
								(B)Misdemeanor
 convictionIn the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress.
 206.DefinitionsFor purposes of this subtitle: (1)Correctional institution or facilityThe term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility).
 (2)ElectionThe term election means—
 (A)a general, special, primary, or runoff election;
 (B)a convention or caucus of a political party held to nominate a candidate;
 (C)a primary election held for the selection of delegates to a national nominating convention of a political party; or
 (D)a primary election held for the expression of a preference for the nomination of persons for election to the office of President.
						(3)Federal
 officeThe term Federal office means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.
 (4)ProbationThe term probation means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning—
 (A)the individual’s freedom of movement;
 (B)the payment of damages by the individual;
 (C)periodic reporting by the individual to an officer of the court; or
 (D)supervision of the individual by an officer of the court.
						207.Relation to other
			 laws
					(a)State laws
 relating to voting rightsNothing in this subtitle shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this subtitle.
					(b)Certain Federal
 ActsThe rights and remedies established by this subtitle are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this subtitle shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration Act (52 U.S.C. 20501 et seq.).
					208.Federal prison
 fundsNo State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 203.
				209.Effective
 dateThis subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act.
				BRestoration of Federal jury service
 221.Qualifications for jury serviceSection 1865(b) of title 28, United States Code, is amended— (1)in the matter preceding paragraph (1), by striking he and inserting the person; and
 (2)by striking paragraph (5) and inserting the following:  (5)has a charge pending for the commission of a crime punishable by imprisonment for more than 1 year..
					IIISentencing Law Reform
 301.Short titleThis title may be cited as the Reclassification to Ensure Smarter and Equal Treatment Act of 2015 or the RESET Act. 302.Reclassification of low-level felonies (a)In generalPart D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended—
 (1)in section 404(a) (21 U.S.C. 844(a))— (A)in the fourth sentence—
 (i)by striking 2 years and inserting 1 year; (ii)by striking $2,500 and inserting $1,000;
 (iii)by striking 3 years and inserting 1 year; and (iv)by striking $5,000 and inserting $1,000; and
 (B)by striking the fifth sentence and inserting the following: Notwithstanding any penalty provided in this subsection, any person who commits an offense under this subsection for the possession of a date rape drug (as defined in section 401(g)(2)) after a prior conviction under this title or title III, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500 and if any person commits such offense after 2 or more prior convictions under this title or title III, or 2 or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of 2 or more such offenses have become final, such person shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.; and
 (2)in section 422(b) (21 U.S.C. 863(b)), by striking three years and inserting 1 year. (b)Elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base (1)Controlled substances actThe following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:
 (A)Clause (iii) of section 401(b)(1)(A). (B)Clause (iii) of section 401(b)(1)(B).
 (2)Controlled substances import and export actThe following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed:
 (A)Subparagraph (C) of section 1010(b)(1). (B)Subparagraph (C) of section 1010(b)(2).
						303.Weighing of controlled substances mixed with food products
 (a)In generalPart D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:

 424.Weighing of controlled substances mixed with food productsIn determining the weight of a controlled substance or mixture of controlled substances that is in compound with a food product for purposes of this title or title III, the weight of the food product shall not be included..
 (b)Technical and conforming amendmentThe table of contents for the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by inserting after the item relating to section 423 the following:Sec. 424. Weighing of controlled substances mixed with food products..
				304.Applicability to pending and past cases
 (a)Pending casesThis title, and the amendments made by this title, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.
 (b)Past casesIn the case of a defendant who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this title and was sentenced to a term of imprisonment for the offense, the sentencing court may, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, reduce the term of imprisonment for the offense, after considering the factors set forth in section 3553(a) of title 18, United States Code, to the extent the factors are applicable, if such a reduction is consistent with—
 (1)this title and the amendments made by this title; and (2)applicable policy statements issued by the United States Sentencing Commission.
					305.Emergency authority for united states sentencing commission
 (a)Review and amendmentAs soon as practicable after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by section 302, 303, or 304.
 (b)AuthorizationIn carrying out subsection (a), the Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.
				306.Establishment of the safe neighborhoods and schools fund
				(a)Establishment
 (1)In generalThere is established in the Treasury of the United States a fund to be known as the Safe Neighborhoods and Schools Fund (referred to in this section as the Fund).
 (2)Continual appropriationAmounts in the Fund shall be continuously appropriated without regard to fiscal year carrying out this section and shall be considered general fund revenues which may be appropriated pursuant to Article I of the Constitution of the United States.
					(b)Funding appropriation
					(1)In general
 (A)Calculation of savingsOn or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Attorney General shall calculate the savings that accrued from the implementation of this title during the fiscal year ending June 30, as compared to the fiscal year preceding the date of enactment of this Act. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data.
 (B)RequirementIn making the calculation required under subparagraph (A), the Attorney General shall use actual data or best available estimates where actual data is not available.
 (C)CertificationNot later than August 1 of each fiscal year, the Attorney General shall submit to Congress a certification of the results of the calculation required under subparagraph (A).
						(2)Transfer of funds
 (A)In generalBefore August 15, 2016, and before August 15 of each fiscal year thereafter, the Secretary of the Treasury shall transfer, out of any amounts in the general fund of the Treasury not otherwise appropriated, to the Fund an amount equal to 50 percent of the amount calculated for that fiscal year under paragraph (1).
 (B)Treatment of transferred fundsAmounts transferred to the Fund under subparagraph (A)— (i)shall be used exclusively for the purposes of this section; and
 (ii)shall not be subject to appropriation or transfer by Congress for any other purpose. (C)Availability of fundsAmounts transferred to the Fund under subparagraph (A) shall remain available until expended without regard to fiscal year.
						(c)Distribution of amounts in the safe neighborhoods and schools fund
 (1)In generalNot later than August 15 of each fiscal year beginning in 2016, of the total amount transferred to the Fund for the fiscal year—
 (A)30 percent shall be made available to the Secretary of Education, to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12, inclusive, by reducing truancy and supporting students who are at risk of dropping out of school or are victims of crime;
 (B)20 percent shall be transferred to the Crime Victims Fund, for grants to trauma recovery centers to provide services to victims of crime; and
 (C)50 percent shall be made available to the Director of the Administrative Office of the United States Courts, acting through the Federal Reentry/Drug Court program, for grants to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems.
 (2)LimitationFor each program described in paragraph (1), the agency responsible for administering the program may not spend more than 5 percent of the amounts made available to the agency from the Fund on an annual basis for administrative costs.
 (3)AuditNot later than 2 years after the date of enactment of this Act and once every 2 years thereafter, the Attorney General shall—
 (A)conduct an audit of the grant programs described in paragraph (1) to ensure the amounts are disbursed and expended solely according to this section; and
 (B)report the findings of the audit conducted under subparagraph (A) to the relevant committees of Congress.
 (4)Costs of programAny costs incurred by the Attorney General in connection with the administration of the Fund, including the costs of the calculation and the audit required, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are allocated under paragraph (1).
 (5)Supplemental fundsAny amounts made available under grant programs described in paragraph (1) shall be used to supplement State or local funds for the same purpose and shall not supplant such State or local funds.
 (6)Rule of constructionNothing in this section shall be construed to obligate an agency to provide programs or levels of service described in this section above the level for which funding has been provided under this section.
					IVRe-Entry and Employment Law Reform
			AImprovements to the Second Chance Act
				401.Improvements to existing programs
 Section 2976 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended by striking subsection (a) and inserting the following:

 (a)Grant authorizationThe Attorney General shall make grants to States, local governments, territories, or Indian tribes, or any combination thereof (in this section referred to as an eligible entity), in partnership with interested persons (including Federal corrections and supervision agencies), service providers, and nonprofit organizations for the purpose of strategic planning and implementation of adult and juvenile offender reentry projects..
				BWorkforce Innovation and Opportunity Act Reentry Employment Opportunities
 411.Authorization of appropriations for the Reentry Employment Opportunities programSection 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is amended by adding at the end the following:

 (d)Authorization of appropriations for the Reentry Employment Opportunities programIn addition to the funds authorized to be appropriated under section 172(d), there is authorized to be appropriated to carry out the Reentry Employment Opportunities program under this section $200,000,000 for each fiscal year..
				CSense of Congress
 421.Sense of CongressIt is the sense of Congress that the President should require that Federal contractors incorporate fair chance hiring practices, including requiring Federal contractors and agencies to refrain from asking job applicants about prior convictions until later in the hiring process.


		II
		111th CONGRESS
		1st Session
		S. 1177
		IN THE SENATE OF THE UNITED STATES

			June 3, 2009
			Mr. Kohl (for himself
			 and Mr. Wyden) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To improve consumer protections for purchasers of
		  long-term care insurance, and for other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Confidence in Long-Term Care
			 Insurance Act of 2009.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					TITLE I—National Market Survey; Model Disclosures and
				Definitions; LTC Insurance Compare
					Sec. 101. NAIC national market survey.
					Sec. 102. Model disclosures and definitions.
					Sec. 103. LTC Insurance Compare.
					TITLE II—Improved State Consumer Protections for Qualified
				Long-Term Care Insurance Contracts and Medicaid Partnership
				Policies
					Sec. 201. Application of Medicaid partnership required model
				provisions to all tax-qualified long-term care insurance contracts.
					Sec. 202. Streamlined process for applying new or updated model
				provisions.
					TITLE III—Improved Consumer Protections for Medicaid Partnership
				Policies
					Sec. 301. Biennial reports on impact of Medicaid long-term care
				insurance partnerships.
					Sec. 302. Additional consumer protections for Medicaid
				partnerships.
					Sec. 303. Report to Congress regarding need for minimum annual
				compound inflation protection.

			INational Market
			 Survey; Model Disclosures and Definitions; LTC Insurance Compare
			101.NAIC National
			 Market Survey
				(a)In
			 generalThe Secretary shall request the NAIC to conduct biennial
			 reviews of the national and State-specific markets for long-term care insurance
			 policies and to submit biennial reports to the Secretary on the results of such
			 reviews.
				(b)ContentThe
			 Secretary shall request that the biennial reviews include, with respect to the
			 period occurring since any prior review, analysis of the following:
					(1)Information on
			 key market parameters, including the number of carriers offering long-term care
			 insurance, and the scope of coverage offered under those policies (such as
			 policies offering nursing-home only benefits, policies offering comprehensive
			 coverage, and hybrid products in which long-term care benefits are
			 present).
					(2)The number of
			 complaints received and resolved, including benefit denials.
					(3)The number of
			 policies that are cancelled (including because of having lapsed or not being
			 renewed) and reasons for such cancellations.
					(4)The number of
			 agents trained and the content of that training, including a description of
			 agent training standards, the extent to which competency tests are included in
			 such standards, and the pass and fail rates associated with such tests.
					(5)The number of
			 policyholders exhausting benefits.
					(6)Premium rate
			 increases sought by carriers and the range of the amount of the increase
			 sought.
					(7)Premium rate
			 increases that were approved and the range of the amount of increase.
					(8)The number of
			 policyholders affected by any approved premium rate increases.
					(9)Requests for
			 exceptions to State reserving or capital requirements.
					(c)Timing for
			 biennial review and reportThe Secretary shall request the NAIC
			 to—
					(1)complete the
			 initial market review under this section not later than 2 years after the date
			 of enactment of this Act;
					(2)submit a report
			 to the Secretary on the results of the initial review not later than December
			 31, 2011; and
					(3)complete each
			 subsequent biennial review and submit each subsequent biennial report not later
			 than December 31 of each second succeeding year.
					(d)Consultation
			 requiredThe Secretary shall request the NAIC to consult with
			 State insurance commissioners, appropriate Federal agencies, issuers of
			 long-term care insurance, States with experience in long-term care insurance
			 partnership plans, other States, representatives of consumer groups, consumers
			 of long-term care insurance policies, and such other stakeholders as the
			 Secretary or the NAIC determine appropriate, to conduct the market reviews
			 requested under this section.
				(e)DefinitionsIn this section and section 102:
					(1)Long-term care
			 insurance policyThe term long-term care insurance
			 policy—
						(A)means—
							(i)a
			 qualified long-term care insurance contract (as defined in section 7702B(b) of
			 the Internal Revenue Code of 1986); and
							(ii)a
			 qualified long-term care insurance contract that covers an insured who is a
			 resident of a State with a qualified State long-term care insurance partnership
			 under clause (iii) of section 1917(b)(1)(C) of the Social Security Act (42
			 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in
			 connection with a State plan amendment described in clause (iv) of such
			 section; and
							(B)includes any
			 other insurance policy or rider described in the definition of long-term
			 care insurance in section 4 of the model Act promulgated by the National
			 Association of Insurance Commissioners (as adopted December 2006).
						(2)NAICThe
			 term NAIC means the National Association of Insurance
			 Commissioners.
					(3)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
					102.Model
			 Disclosures and Definitions
				(a)In
			 generalThe Secretary shall request the NAIC, in consultation
			 with State health agencies as appropriate, to carry out the activities
			 described in subsection (b).
				(b)Activities
			 describedThe activities described in this subsection are the
			 following:
					(1)Develop model
			 disclosures and definitions for marketing of policiesTo develop
			 model language for marketing of long-term care insurance policies (including,
			 as appropriate, language specific to qualified long-term care insurance
			 contracts, partnership long-term care insurance policies, and such other
			 contracts for coverage of long-term care services or benefits as the NAIC
			 determines appropriate), that includes the following:
						(A)Consistent
			 definitionsConsistent definitions for coverage of the various
			 types of services and benefits provided under such policies, including
			 institutional services, residential services with varying levels of assistance,
			 such as assisted living, home care services, adult day services, and other
			 types of home and community-based care (as appropriate to describe the range of
			 services and benefits offered under such policies in various States).
						(B)Consistent
			 explanatory languageConsistent language for use by issuers of
			 such policies, and for agents selling such policies, in explaining the services
			 and benefits covered under the policies and restrictions on the services and
			 benefits.
						(C)Inflation
			 protection optionsA form that describes different inflation
			 level options offered for long-term care insurance policies, including how
			 policies with various levels of inflation protection compare in premium costs
			 and benefits within 5-year time increments from 5 years through 30 years
			 post-purchase.
						(D)Standardized
			 methodology for calculating inflation protectionStandardized
			 methodology for use by issuers to use to calculate inflation protection under
			 such policies.
						(2)EnforceTo
			 develop recommendations for enforcement of the model marketing disclosures and
			 definitions, including standardized language for States to adopt to prohibit
			 carriers from marketing policies within the State that do not meet the model
			 marketing disclosures and definitions or the rate stability provisions under
			 section 20 of the long-term care insurance model Act promulgated by the
			 National Association of Insurance Commissioners (as adopted as of October 2000
			 and as of December 2006) and any provisions of such section adopted after
			 December 2006.
					(c)Public
			 commentThe Secretary shall request the NAIC to allow for public
			 comment on the work of the NAIC in carrying out the activities described in
			 subsection (b).
				103.LTC Insurance
			 Compare
				(a)In
			 generalSection 6021(d) of
			 the Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) is amended—
					(1)in paragraph (2)—
						(A)in subparagraph (A)—
							(i)in clause (ii), by striking
			 and at the end;
							(ii)in
			 clause (iii), by striking the period at the end and inserting ;
			 and; and
							(iii)by adding at
			 the end the following:

									(iv)establish an
				Internet directory of information regarding long-term care insurance, to be
				known as LTC Insurance Compare, that shall include the
				following:
										(I)Comparison tools
				to assist consumers in evaluating long-term care insurance policies (as defined
				in subparagraph (D)) with different benefits and features.
										(II)State-specific
				information about the long-term care insurance policies marketed in a State,
				including the following:
											(aa)Whether a State
				has promulgated rate stability provisions for all issuers of long-term care
				insurance policies and how the rate stability standards work.
											(bb)The rating
				history for issuers selling long-term care insurance policies in the State for
				at least the most recent preceding 5 years.
											(cc)The policy
				documents for each such policy marketed in the State.
											(III)Links to State
				information regarding long-term care under State Medicaid programs (which may
				be provided, as appropriate, through Internet linkages to the websites of State
				Medicaid programs) that includes the following:
											(aa)The medical
				assistance provided under each State's Medicaid program for nursing facility
				services and other long-term care services (including any functional criteria
				imposed for receipt of such services, as reported in accordance with section
				1902(a)(28)(D) of the Social Security Act) and any differences from benefits
				and services offered under long-term care insurance policies in the State and
				the criteria for triggering receipt of such benefits and services.
											(bb)If
				the State has a qualified State long-term care insurance partnership under
				section 1917(b)(1)(C)(iii) of the Social Security Act, information regarding
				how and when an individual with a partnership long-term care insurance policy
				who is receiving benefits under the policy should apply for medical assistance
				for nursing facility services or other long-term care services under the State
				Medicaid program and information regarding about how Medicaid asset protection
				is accumulated over time under such
				policies.
											;
				and
							(B)by adding at the
			 end the following:

								(C)Current
				informationThe Secretary of Health and Human Services shall
				ensure that, to the greatest extent practicable, the information maintained in
				the National Clearinghouse for Long-Term Care Information, including the
				information required for LTC Insurance Compare, is the most recent information
				available.
								(D)Long-term care
				insurance policy definedIn subparagraph (A)(iv), the term
				long-term care insurance policy means a qualified long-term care
				insurance contract (as defined in section 7702B(b) of the Internal Revenue Code
				of 1986), a qualified long-term care insurance contract that covers an insured
				who is a resident of a State with a qualified State long-term care insurance
				partnership under clause (iii) of section 1917(b)(1)(C) of the Social Security
				Act (42 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in
				connection with a State plan amendment described in clause (iv) of such
				section, and includes any other insurance policy or rider described in the
				definition of long-term care insurance in section 4 of the model
				Act promulgated by the National Association of Insurance Commissioners (as
				adopted December 2006).
								;

						(2)by redesignating
			 paragraph (3) as paragraph (4);
					(3)in paragraph (4)
			 (as so redesignated), by inserting , and $5,000,000 for each of fiscal
			 years 2011 through 2013 after 2010; and
					(4)by inserting
			 after paragraph (2) the following:

							(3)Consultation on
				LTC Insurance CompareThe Secretary of Health and Human Services
				shall consult with the National Association of Insurance Commissioners and the
				entities and stakeholders specified in section 101(d) of the
				Confidence in Long-Term Care Insurance Act of
				2009 in designing and implementing the LTC Insurance Compare
				required under paragraph
				(2)(A)(iv).
							.
					(b)Medicaid state
			 plan requirement To submit nursing facility services functional criteria
			 dataSection 1902(a)(28) of the Social Security Act (42 U.S.C.
			 1396a(a)(28)) is amended—
					(1)in subparagraph
			 (C), by striking and after the semicolon;
					(2)in subparagraph
			 (D)(iii), by adding and after the semicolon; and
					(3)by inserting
			 after subparagraph (D)(iii), the following new subparagraph:

							(E)for the annual
				submission of data relating to functional criteria for the receipt of nursing
				facility services under the plan (in such form and manner as the Secretary
				shall
				specify);
							.
					(c)Effective
			 date
					(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section take effect on the date of enactment of this Act.
					(2)Extension of
			 effective date for state law amendmentIn the case of a State
			 plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which
			 the Secretary of Health and Human Services determines requires State
			 legislation or State regulation in order for the plan to meet the additional
			 requirements imposed by the amendments made by subsection (b), the State plan
			 shall not be regarded as failing to comply with the requirements of such title
			 solely on the basis of its failure to meet these additional requirements before
			 the first day of the first calendar quarter beginning after the close of the
			 first regular session of the State legislature that begins after the date of
			 enactment of this Act. For purposes of the previous sentence, in the case of a
			 State that has a 2-year legislative session, each year of the session is
			 considered to be a separate regular session of the State legislature.
					IIImproved State
			 Consumer Protections for Qualified Long-Term Care Insurance Contracts and
			 Medicaid Partnership Policies
			201.Application of
			 Medicaid partnership required model provisions to all tax-qualified long-term
			 care insurance contracts
				(a)In
			 generalSection 7702B(g)(1) of the Internal Revenue Code of 1986
			 (relating to consumer protection provisions) is amended—
					(1)in subparagraph
			 (A), by inserting (but only to the extent such requirements do not
			 conflict with requirements applicable under subparagraph (B)), after
			 paragraph (2),
					(2)by redesignating
			 subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively,
			 and
					(3)by inserting
			 after subparagraph (A), the following new subparagraph:

							(B)the requirements
				of the model regulation and model Act described in section 1917(b)(5) of the
				Social Security
				Act,
							.
					(b)Effective
			 dateThe amendments made by subsection (a) shall apply to
			 contracts issued after the date of enactment of this Act.
				202.Streamlined
			 Process for Applying New or Updated Model Provisions
				(a)Secretarial
			 review
					(1)Tax-qualified
			 policies
						(A)2000 and 2006
			 model provisionsNot later than 3 months after the date of
			 enactment of this Act, the Secretary of the Treasury, in consultation with the
			 Secretary of Health and Human Services, shall review the model provisions
			 specified in subsection (c)(1) for purposes of determining whether updating any
			 such provisions for a provision specified in section 7702B(g)(2) of the
			 Internal Revenue Code of 1986, or the inclusion of any such provisions in such
			 section, for purposes of an insurance contract qualifying for treatment as a
			 qualified long-term care insurance contract under such Code, would improve
			 consumer protections for insured individuals under such contracts.
						(B)Subsequent
			 model provisionsNot later than 3 months after model provisions
			 described in paragraph (2) or (3) of subsection (c) are adopted by the National
			 Association of Insurance Commissioners, the Secretary of the Treasury, in
			 consultation with the Secretary of Health and Human Services, shall review the
			 model provisions to determine whether the application of such provisions to an
			 insurance contract for purposes of qualifying for treatment as a qualified
			 long-term care insurance contract under section 7702B(g)(2) of the Internal
			 Revenue Code of 1986, would improve consumer protections for insured
			 individuals under such contracts.
						(2)Medicaid
			 partnership policies
						(A)Subsequent
			 model provisionsNot later than 3 months after model provisions
			 described in paragraph (2) or (3) of subsection (c) are adopted by the National
			 Association of Insurance Commissioners, the Secretary of Health and Human
			 Services, in consultation with the Secretary of the Treasury, shall review the
			 model provisions to determine whether the application of such provisions to an
			 insurance contract for purposes of satisfying the requirements for
			 participation in a qualified State long-term care insurance partnership under
			 section 1917(b)(1)(C)(iii) of such Act (42 U.S.C. 1396p(b)(1)(C)(iii)) would
			 improve consumer protections for insured individuals under such
			 contracts.
						(B)Review of other
			 partnership requirementsThe Secretary of Health and Human
			 Services, in consultation with the Secretary of the Treasury, shall review
			 clauses (iii) and (iv) of section 1917(b)(1)(C) for purposes of determining
			 whether the requirements specified in such clauses should be modified to
			 provide improved consumer protections or, as appropriate, to resolve any
			 conflicts with the application of the 2006 model provisions under paragraph (5)
			 of section 1917(b) (as amended by section 302(a)) or with the application of
			 any model provisions that the Secretary determines should apply to an insurance
			 contract as a result of a review required under subparagraph (A).
						(b)Expedited
			 rulemaking
					(1)Tax-qualified
			 policiesSubject to paragraph (3), if the Secretary of the
			 Treasury determines that any model provisions reviewed under subsection (a)(1)
			 should apply for purposes of an insurance contract qualifying for treatment as
			 a qualified long-term care insurance contract under the Internal Revenue Code
			 of 1986, the Secretary, shall promulgate an interim final rule applying such
			 provisions for such purposes not later than 3 months after making such
			 determination.
					(2)Medicaid
			 partnership policiesSubject to paragraph (3), if the Secretary
			 of Health and Human Services determines that any model provisions or
			 requirements reviewed under subsection (a)(2) should apply for purposes of an
			 insurance contract satisfying the requirements for participation in a qualified
			 State long-term care insurance partnership under section 1917(b)(1)(C)(iii) of
			 such Act (42 U.S.C. 1396p(b)(1)(C)(iii)), the Secretary, shall promulgate an
			 interim final rule applying such provisions for such purposes not later than 3
			 months after making such determination.
					(3)Consultation
			 requiredThe Secretary of the Treasury and the Secretary of
			 Health and Human Services, respectively, shall consult with the National
			 Association of Insurance Commissioners and the entities and stakeholders
			 specified in section 101(d) regarding the extent to which it is appropriate to
			 apply the model provisions described in paragraph (1) or (2) (as applicable) to
			 insurance contracts described in such paragraphs through promulgation of an
			 interim final rule. If, after such consultation—
						(A)the Secretary of
			 the Treasury determines it would be appropriate to promulgate an interim final
			 rule, the Secretary of the Treasury shall use notice and comment rulemaking to
			 promulgate a rule applying such provisions to insurance contracts described in
			 paragraph (1); and
						(B)the Secretary of
			 Health and Human Services determines it would be appropriate to promulgate an
			 interim final rule, the Secretary of Health and Human Services shall use notice
			 and comment rulemaking to promulgate a rule applying such provisions to
			 insurance contracts described in paragraph (2).
						(4)Rule of
			 construction relating to application of congressional review
			 actNothing in paragraphs (1), (2), or (3) shall be construed as
			 affecting the application of the sections 801 through 808 of title 5, United
			 States Code (commonly known as the Congressional Review Act) to
			 any interim final rule issued in accordance with such paragraphs.
					(5)Technical
			 amendment eliminating prior review standard made obsoleteSection
			 1917(b)(5) of the Social Security Act (42 U.S.C. 1396p(b)(5)) is amended by
			 striking subparagraph (C).
					(c)Model
			 provisionsIn this section, the term model
			 provisions means—
					(1)each provision of
			 the long-term care insurance model regulation, and the long-term care insurance
			 model Act, respectively, promulgated by the National Association of Insurance
			 Commissioners (as adopted as of October 2000 and as of December 2006);
					(2)each provision of
			 the model language relating to marketing disclosures and definitions developed
			 under section 102(b)(1); and
					(3)each provision of
			 any long-term care insurance model regulation, or the long-term care insurance
			 model Act, respectively, promulgated by the National Association of Insurance
			 Commissioners and adopted after December 2006.
					IIIImproved
			 Consumer Protections for Medicaid Partnership Policies
			301.Biennial
			 reports on impact of Medicaid long-term care insurance
			 partnershipsSection 6021(c)
			 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396p note) is amended to read
			 as follows:

					(c)Biennial
				reports
						(1)In
				generalNot later than January 1, 2010, and biennially
				thereafter, the Secretary of Health and Human Services (in this subsection
				referred to as the Secretary) shall issue a report to States and
				Congress on the long-term care insurance partnerships established in accordance
				with section 1917(b)(1)(C)(ii) of the Social Security Act (42 U.S.C.
				1396p(b)(1)(C)(ii)). Each report shall include (with respect to the period the
				report addresses) the following information, nationally and on a State-specific
				basis:
							(A)Analyses of the
				extent to which such partnerships improve access of individuals to affordable
				long-term care services and benefits and the impact of such partnerships on
				Federal and State expenditures on long-term care under the Medicare and
				Medicaid programs.
							(B)Analyses of the
				impact of such partnerships on consumer decisionmaking with respect to
				purchasing, accessing, and retaining coverage under long-term care insurance
				policies (as defined in subsection (d)(2)(D)), including a description of the
				benefits and services offered under such policies, the average premiums for
				coverage under such policies, the number of policies sold and at what ages, the
				number of policies retained and for how long, the number of policies for which
				coverage was exhausted, and the number of insured individuals who were
				determined eligible for medical assistance under the State Medicaid
				program.
							(2)DataThe
				reports by issuers of partnership long-term care insurance policies required
				under section 1917(b)(1)(C)(iii)(VI) of the Social Security Act shall include
				such data as the Secretary shall specify in order to conduct the analyses
				required under paragraph (1).
						(3)Public
				availabilityThe Secretary shall make each report issued under
				this subsection publicly available through the LTC Insurance Compare website
				required under subsection (d).
						(4)Rule of
				constructionNothing in this section shall be construed as
				requiring the Secretary to conduct an independent review of each long-term care
				insurance policy offered under or in connection with such a partnership.
						(5)AppropriationOut
				of any funds in the Treasury not otherwise appropriated, there is appropriated
				to the Secretary to carry out this subsection, $1,000,000 for the period of
				fiscal years 2010 through
				2012.
						.
			302.Additional
			 consumer protections for Medicaid partnerships
				(a)Application of
			 2006 Model Provisions
					(1)Updating of
			 2000 requirements
						(A)In
			 generalSection 1917(b)(5)(B)(i) of the Social Security Act (42
			 U.S.C. 1396p(b)(5)(B)(i)) is amended by striking October 2000
			 and inserting December 2006.
						(B)Conforming
			 amendments
							(i)Subclause (XVII)
			 of such section is amended by striking section 26 and inserting
			 section 28.
							(ii)Subclause
			 (XVIII) of such section is amended by striking section 29 and
			 inserting section 31.
							(iii)Subclause (XIX)
			 of such section is amended by striking section 30 and inserting
			 section 32.
							(2)Application to
			 grandfathered partnershipsSection 1917(b)(1)(C)(iv) of such Act
			 (42 U.S.C. 1396p(b)(1)(C)(iv)) is amended by inserting , and the State
			 satisfies the requirements of paragraph (5) after
			 2005.
					(b)Application of
			 producer training model act requirementsSection 1917(b)(1)(C) of
			 such Act (42 U.S.C. 1396p(b)(1)(C)) is amended—
					(1)in clause
			 (iii)(V), by inserting and satisfies the producer training requirements
			 specified in section 9 of the model Act specified in paragraph (5)
			 after coverage of long-term care; and
					(2)in clause (iv),
			 as amended by subsection (a)(2), by inserting clause (iii)(V)
			 and before paragraph (5).
					(c)Application of
			 additional requirements for all partnershipsSection 1917(b) of
			 the Social Security Act (42 U.S.C. 1396p(b)) is amended—
					(1)in paragraph
			 (1)(C)—
						(A)in clause
			 (iii)—
							(i)by
			 inserting after subclause (VII) the following new subclause:

									(VIII)The State satisfies the requirements
				of paragraph (6).
									;
				and
							(ii)in
			 the flush sentence at the end, by striking paragraph (5) and
			 inserting paragraphs (5) and (6); and
							(B)in clause (iv),
			 as amended by subsections (a)(2) and (b)(2), by striking paragraph
			 (5) and inserting paragraphs (5) and (6); and
						(2)by adding at the
			 end the following new paragraph:

							(6)For purposes of clauses (iii)(VIII)
				and (iv) of paragraph (1)(C), the requirements of this paragraph are the
				following:
								(A)The State requires issuers of
				long-term care insurance policies to—
									(i)use marketing materials approved by
				the State for purposes of the partnership verbatim in all sales and marketing
				activities conducted or supported by the issuers in the State with respect to
				any long-term care insurance policies marketed by the issuer in the
				State;
									(ii)provide such materials to all
				agents selling long-term care insurance policies in the State;
									(iii)ensure that agent training and
				education courses conducted or supported by the issuers incorporate such
				materials; and
									(iv)make such materials available to
				any consumer upon request, and to make such materials available to all
				prospective purchasers of a policy offered under a qualified State long-term
				care insurance partnership before submission of an application for coverage
				under that policy.
									(B)The State requires issuers of
				long-term care insurance policies to require agents to use the inflation
				protection comparison form developed by the National Association of Insurance
				Commissioners in accordance with section 102(b)(1)(C) of the
				Confidence in Long-Term Care Insurance Act of
				2009 when selling the policies in the State.
								(C)The State requires issuers of
				long-term care insurance policies sold in the State to comply with the
				provisions of section 8 of the model Act specified in paragraph (5) relating to
				contingent nonforfeiture benefits.
								(D)The State enacts legislation, not
				later than January 1, 2012, that establishes rate stability standards for all
				issuers of long-term care insurance policies sold in the State that are no less
				stringent than the premium rate schedule increase standards specified in
				section 20 of the model regulation specified in paragraph (5).
								(E)The State develops, updates whenever
				changes are made under the State plan that relate to eligibility for medical
				assistance for nursing facility services or other long-term care services or
				the amount, duration, or scope of such assistance, and provides public, readily
				accessible materials that describe in clear, simple language the terms of such
				eligibility, the benefits and services provided as such assistance, and rules
				relating to adjustment or recovery from the estate of an individual who
				receives such assistance under the State plan. Such materials shall include a
				clear disclosure that medical assistance is not guaranteed to partnership
				policyholders who exhaust benefits under a partnership policy, and that Federal
				changes to the program under this title or State changes to the State plan may
				affect an individual's eligibility for, or receipt of, such assistance.
								(F)The State—
									(i)through the State Medicaid agency
				under section 1902(a)(5) and in consultation with the State insurance
				department, develops written materials explaining how the benefits and rules of
				long-term care policies offered by issuers participating in the partnership
				interact with the benefits and rules under the State plan under this
				title;
									(ii)requires agents to use such
				materials when selling or otherwise discussing how long-term care policies
				offered by issuers participating in the partnership work with potential
				purchasers and to provide the materials to any such purchasers upon
				request;
									(iii)informs holders of such policies
				of any changes in eligibility requirements under the State plan under this
				title and of any changes in estate recovery rules under the State plan as soon
				as practicable after such changes are made; and
									(iv)agrees to honor the asset
				protections of any such policy that were provided under the policy when
				purchased, regardless of whether the State subsequently terminates a
				partnership program under the State plan.
									(G)The State Medicaid agency under
				section 1902(a)(5) and the State insurance department enter into a memorandum
				of understanding to—
									(i)inform consumers about changes in
				long-term care policies offered by issuers participating in the partnership,
				changes in the amount, duration, or scope of medical assistance for nursing
				facility services or other long-term care services offered under the State
				plan, changes in consumer protections, and any other issues such agency and
				department determine appropriate; and
									(ii)jointly maintain a nonpublic
				database of partnership policyholders for purposes of facilitating coordination
				in eligibility determinations for medical assistance under the State plan and
				the provision of benefits or other services under such policies and medical
				assistance provided under the State plan that includes—
										(I)the number of policyholders applying for
				medical assistance under the State plan; and
										(II)the number of policyholders deemed
				eligible (and, if applicable, ineligible) for such assistance.
										(H)The State does not apply any limit to
				the disregard, for purposes of determining the eligibility of a partnership
				policyholder for medical assistance under the State plan and for purposes of
				exemption from the estate recovery requirements under the plan, of benefits
				provided under a partnership policy, including cash benefits provided for
				long-term care services, and benefits provided under the policy after the
				effective date of the policyholder's enrollment in the State plan.
								(I)The State enters into agreements with
				other States that have established qualified State long-term care insurance
				partnerships under which such States agree to provide reciprocity for
				policyholders under such partnerships.
								(J)The State provides guaranteed asset
				protection to all individuals covered under a policy offered under a qualified
				State long-term care insurance partnership who bought such a policy in the
				State or in another State with such a partnership and with which the State has
				a reciprocity agreement at the time of purchase.
								(K)At the option of the State,
				notwithstanding any limitation that would otherwise be imposed under subsection
				(f), the State disregards any amount of the equity interest in the home of an
				individual covered of policy offered under a qualified State long-term care
				insurance partnership for purposes of determining the individual's eligibility
				for medical assistance with respect to nursing facility services or other
				long-term care
				services.
								.
					(d)Effective
			 date
					(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section take effect on the date that is 1 year after the date of
			 enactment of this Act.
					(2)Extension of
			 effective date for state law amendmentIn the case of a State
			 plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which
			 the Secretary of Health and Human Services determines requires State
			 legislation in order for the plan to meet the additional requirements imposed
			 by the amendments made by this section, the State plan shall not be regarded as
			 failing to comply with the requirements of such title solely on the basis of
			 its failure to meet these additional requirements before the first day of the
			 first calendar quarter beginning after the close of the first regular session
			 of the State legislature that begins after the date of enactment of this Act.
			 For purposes of the previous sentence, in the case of a State that has a 2-year
			 legislative session, each year of the session is considered to be a separate
			 regular session of the State legislature.
					303.Report to
			 Congress regarding need for minimum annual compound inflation
			 protectionNot later than 18
			 months after the date of enactment of this Act, the Secretary of Health and
			 Human Services (in this section referred to as the Secretary)
			 shall submit a report to Congress that includes the Secretary's recommendation
			 regarding whether legislative or other administrative action should be taken to
			 require all long-term care insurance policies sold after a date determined by
			 the Secretary in connection with a qualified State long-term care insurance
			 partnership under clause (iii) of section 1917(b)(1)(C) of the Social Security
			 Act (42 U.S.C. 1396p(b)(1)(C)) or a long-term care insurance policy offered in
			 connection with a State plan amendment described in clause (iv) of such
			 section, provide, at a minimum, 5 percent annual compound inflation protection,
			 and if so, whether such requirements should be imposed on a basis related to
			 the age of the policyholder at the time of purchase. The Secretary shall
			 include in the report information on the various levels of inflation protection
			 available under such long-term care insurance partnerships and the
			 methodologies used by issuers of such policies to calculate and present various
			 inflation protection options under such policies, including policies with a
			 future purchase option feature.


		I
		112th CONGRESS
		2d Session
		H. R. 4738
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2012
			Mr. Huizenga of
			 Michigan introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on the chime melody rod
		  assembly used in the production of grandfather clocks, wall clocks, and mantel
		  clocks.

		1.Chime melody rod assembly
			 used in the production of grandfather clocks, wall clocks, and mantel
			 clocks
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Chime melody rod assembly used in the production of grandfather
						clocks, wall clocks, and mantel clocks (provided for in subheading
						9114.90.50)FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.