SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fraud Prosecution Act of 1993''. SEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD. (a) Offense.--Part I of title 18, United States Code, is amended by inserting after chapter 50A the following: ``CHAPTER 50B--HEALTH CARE FRAUD ``Sec. ``1101. Health care fraud. ``1102. Illegal remunerations. ``1103. Civil Action. ``1104. Definitions. ``Sec. 1101. Health care fraud ``(a) In General.--Whoever, in or affecting interstate commerce, knowingly-- ``(1) executes, or attempts to execute, a scheme or artifice to defraud to obtain a health care payment; or ``(2) presents to any person any statement as part of, or in support of, a claim for a health care payment, knowing that such statement contains any false or misleading information concerning any fact or thing material to such claim; shall be fined under this title or imprisoned not more than 10 years, or both. ``(b) Aggravated Offenses.--In an offense under subsection (a) of this section-- ``(1) if the offender knowingly or recklessly causes serious bodily injury to an individual or knowingly or recklessly endangers the life of a person, the offender shall be fined under this title or imprisoned not more than 15 years, or both; and ``(2) if the offender knowingly or recklessly causes the death of an individual, the offender shall be fined under this title or imprisoned not more than 25 years, or both. ``Sec. 1102. Illegal remunerations ``Whoever, in or affecting interstate commerce, knowingly solicits, receives, offers, or provides anything of value-- ``(1) for the referral of an individual to a person for the furnishing of any item or service for which a health care payment may be paid by a third party payer; ``(2) for recommending, or arranging for, the furnishing of any item or service for which a health care payment may be paid by a third party payer; or ``(3) which in effect reduces the cost of an item or service for which a health care payment may be paid by a third party payer, and then seeks that health care payment from the third party payer; without informing the third party payer fully about having done so and reflecting the amount of the thing of value in the claim for the health care payment, shall be fined under this title or imprisoned not more than 5 years, or both. ``Sec. 1103. Civil action ``Any person injured in business or property by a violation of this chapter may in a civil action recover treble damages. The court may award the prevailing party a reasonable attorney's fee as a part of the costs. ``Sec. 1104. Definitions ``As used in this chapter-- ``(1) the term `health care payment' means a payment for health care services or health care products, or the right to have a payment made by a third party payer for specified health care services or products; and ``(2) the term `third party payer' means any person, public or private, who undertakes to indemnify another against loss arising from a contingent or unknown event.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 50A the following new item: ``50B. Health care fraud.................................... 1101.''. SEC. 3. INJUNCTIONS FOR HEALTH CARE FRAUD. Section 1345(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``or 1001'' and inserting ``1001, 1101, or 1102''; and (2) in paragraph (a)(2), by inserting ``a violation of section 1101 or 1102 of this title or'' after ``as a result of''. SEC. 4. CRIMINAL FORFEITURE OF FRAUD PROCEEDS. Section 982(a)(2)(B) of title 18, United States Code, is amended-- (1) by inserting ``1101, 1102,'' after ``844,''; and (2) by striking ``or 1030'' and inserting ``1030, or 1347''. SEC. 5. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059 of title 18, United States Code, is amended by adding at the end the following: ``(c)(1) The Attorney General may pay a reward of-- ``(A) an amount determined under paragraph (2) of this subsection, in the case of an offense in which the United States is a victim and restitution or a civil recovery is obtained by the United States; or ``(B) not more than $100,000, in any other case; to any person who furnishes information or services that lead to a conviction under section 1101 or 1102 of this title. ``(2) The amount referred to in paragraph (1)(A) of this subsection is an amount equal to-- ``(A) not more than 30 percent of the first $1,000,000 of the recovery; ``(B) not more than 20 percent of the next $4,000,000; and ``(C) not more than 5 percent of the remaining portion of the recovery. ``(3) An officer or employee of the United States or of a State or local government who furnishes information or renders services in the performance of official duty is ineligible for a payment under this subsection with respect to such information or services.''. SEC. 6. HEALTH CARE FRAUD TASK FORCES. (a) In General.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish regional health care fraud task forces (hereinafter in this section referred to as ``task forces''). (b) Purpose.--The purpose of the task forces is to ensure that adequate resources are made available to identify, investigate, and prosecute health care fraud and to recover the proceeds of such fraud and other criminal activity against health insurers. (c) Duties.--Each such task force shall coordinate the investigative and prosecutorial efforts within their region, as determined by the Attorney General. (d) Participants.--The Federal agencies that shall participate in the task forces are-- (1) the Department of Justice (including the Federal Bureau of Investigation); (2) the Department of Health and Human Services (including the Food and Drug Administration and the Office of the Inspector General); (3) the Internal Revenue Service; (4) the United States Postal Inspection Service; and (5) the Veteran's Administration. (e) Locations.--The task forces shall be established in such cities as the Attorney General deems appropriate. (f) Objectives.--The objective of each task force shall be-- (1) to target, investigate and prosecute individuals who organize, direct, finance, or are otherwise engaged in health care fraud; (2) to promote a coordinated health care fraud enforcement effort in each task force region, and to encourage maximum cooperation among all Federal agencies; (3) to work fully and effectively with State and local law enforcement agencies; and (4) to make full use of financial investigative techniques, on behalf of both public and private entities, to maximize recovery of proceeds of unlawful activities from persons who have committed health care fraud crimes or have engaged in other criminal activity in or against the health insurance industry. (g) Standards for Task Force Cases.--Each task force should focus upon significant investigations of major health care fraud cases, or organizations engaging in health care fraud, that warrant the involvement of more than one investigative agency or that require significant resources during the investigative stage. (h) Administration.--The administrative functions of the national task force program will be performed by an executive office to be established within the Department of Justice in Washington, D.C. It shall be supervised by a Director, and the staff shall consist of professional and support staff deemed necessary for the performance of management and administrative functions. (i) Oversight.--An Executive Review Board shall oversee the task force program. It shall be composed of ranking officials from each of the participating Federal agencies and the Advisory Committee of the United States Attorneys. Its role shall be to articulate policy, review allocation of resources and coordinate the development and maintenance of the task force program. The Board shall also be responsible for resolving policy disputes that cannot be resolved within or among the regional task forces or the participating agencies. The Board shall meet no less frequently than quarterly. (j) Guidelines.--The Attorney General shall, in consultation with the Executive Review Board, establish guidelines for the operation and management of the task force program. SEC. 7. NATIONAL HEALTH CARE FRAUD AND ABUSE DATA BASE. (a) In General.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall establish a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners, in order to provide a central repository of such information to assist in the prevention, detection, and prosecution of health care fraud and abuse. (b) Reporting of Information.-- (1) In general.--Each government agency and health care plan shall report any final adverse action taken against a health care provider, supplier, or practitioner. (2) Information to be reported.--The information to be reported under paragraph (1) includes the following: (A) The name of any health care provider, supplier, or practitioner who is the subject of a final adverse action. (B) The name (if known) of any health care entity with which a health care provider, supplier, or practitioner is affiliated or associated. (C) The nature of the final adverse action. (D) A description of the acts or omissions and injuries upon which the final adverse action was based, and such other information as required by the Attorney General. (3) Confidentiality.--The Attorney General shall establish procedures to assure that the privacy of individuals receiving health care services is appropriately protected. (4) Form and manner of reporting.--The information required to be reported under this subsection shall be reported on a monthly basis and in such form and manner as determined by the Attorney General. Such information shall first be required to be reported on a date specified by the Attorney General. (5) To whom reported.--The information required to be reported under this subsection shall be reported to the Attorney General or such person or persons designated by the Attorney General. (c) Correction of Erroneous Information.-- (1) Disclosure and correction.--The Attorney General shall provide for a procedure through which a person, to whom information within the data base established under this section pertains, may review that information and obtain the correction of errors pertaining to that person. (2) Other corrections.--Each Government agency and health care plan shall report corrections of information already reported about any final adverse action taken against a health care provider, supplier, or practitioner, in such form and manner as required by the Attorney General. (d) Access to Reported Information.-- (1) Availability.--The information in this data base shall be available to the public, Federal and State government agencies, and health care plans pursuant to procedures established by the Attorney General. (2) Fees.--The Attorney General may establish reasonable fees for the disclosure of information in this data base. (e) Protection From Liability for Reporting.--No person or entity shall be held liable in any civil action with respect to any report made as required by this section, without knowledge of the falsity of the information contained in the report. (f) Definitions and Special Rules.--For purposes of this section: (1) The term ``final adverse action'' includes the following: (A) Civil judgments in Federal or State court related to the delivery of a health care item or service. (B) Federal or State criminal convictions related to the delivery of a health care item or service. (C) Actions by State or Federal agencies responsible for the licensing and certification of health care providers, suppliers, and licensed health care practitioners, including-- (i) formal or official actions, such as revocation or suspension of a license (and the length of any such suspension), reprimand, censure or probation, (ii) any other loss of license of the provider, supplier, or practitioner, whether by operation of law, voluntary surrender or otherwise, or (iii) any other negative action or finding by such State or Federal agency that is publicly available information. (D) Exclusion from participation in Federal or State health care programs. (E) Any other actions as required by the Attorney General. (2) The terms ``licensed health care practitioner'', ``licensed practitioner'', and ``practitioner'' mean, with respect to a State, an individual who is licensed or otherwise authorized by the State to provide health care services (or any individual who, without authority holds himself or herself out to be so licensed or authorized). (3) The term ``health care provider'' means a provider of services as defined in section 1861(u) of the Social Security Act, and any entity, including a health maintenance organization, group medical practice, or any other entity listed by the Secretary in regulation, that provides health care services. (4) The term ``supplier'' means a supplier of health care items and services described in sections 1819 (a) and (b), and section 1861 of the Social Security Act. (5) The term ``Government agency'' includes-- (A) The Department of Justice. (B) The Department of Health and Human Services. (C) Any other Federal agency that either administers or provides payment for the delivery of health care services, including, but not limited to the Department of Defense and the Veterans' Administration. (D) State law enforcement agencies. (E) State Medicaid fraud and abuse units. (F) State or Federal agencies responsible for the licensing and certification of health care providers and licensed health care practitioners. (6) The term ``health care plan'' has the meaning given to such term by section 1128(i) of the Social Security Act. (7) For purposes of paragraph (2), the existence of a conviction shall be determined under paragraph (4) of section 1128(j) of the Social Security Act. SEC. 8. NATIONAL HEALTH CARE FRAUD AND ABUSE HOTLINE. The Attorney General shall-- (1) establish a national, toll-free health care fraud and abuse hotline to enable all persons, including health care consumers, providers, and insurers, to report (anonymously, if so desired) suspected instances of health care fraud or abuse; (2) provide for the appropriate referral of all information that is obtained through the hot line; and (3) assure that the public is provided adequate publicity about the existence and capabilities of the hotline. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 1994 for the purposes of carrying out this Act and the amendments made by this Act-- (1) $23,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 225 special agents and support staff to investigate health-care fraud cases; (2) $5,000,000 to hire, equip, and train no fewer than 50 assistant United States Attorneys and support staff to prosecute health-care fraud cases; (3) $6,000,000 to hire, equip, and train no fewer than 50 investigators in the Office of Inspector General, Department of Health and Human Services, to be devoted exclusively to health- care fraud cases; (4) $2,000,000 to establish, operate, and administer health care fraud task forces; (5) $2,000,000 to establish, operate, publicize, and administer the national health care fraud and abuse data base; and (6) $2,000,000 to establish, operate, publicize, and administer the national health care fraud and abuse hotline. SEC. 10. SCHEMES AND DEVICES RELATING TO EXPRESS AND OTHER COMMERCIAL CARRIER SERVICES. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1347. Express company fraud ``Whoever engages in any conduct with respect to a private or commercial interstate carrier which, were that conduct engaged in with respect to the Postal Service, would be a violation of section 1341 or 1342 of this title, shall be punished as is provided under such section for such violation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following new item: ``1347. Express company fraud.''. SEC. 11. LAUNDERING OF MONETARY INSTRUMENTS.- Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by inserting ``section 1101 or 1002 (relating to health care fraud),'' after ``875 (relating to interstate communications),''; and (2) by inserting ``section 1347 (relating to express company fraud),'' after ``1203 (relating to hostage taking),''. HR 3093 IH----2

Summary: Health Care Fraud Prosecution Act of 1993 - Amends the Federal criminal code to set penalties for: (1) knowingly executing a scheme or artifice to defraud to obtain a health care payment; or (2) presenting a statement as part of, or in support of, a claim for health care payment, knowing that such statement contains false or misleading information concerning any material fact. Limits such penalties to a fine and ten years' imprisonment, unless the offender knowingly or recklessly caused: (1) serious bodily injury to, or endangered the life of, an individual (up to 15 years' imprisonment); or (2) caused the death of an individual (up to 25 years' imprisonment). Sets forth provisions regarding illegal remunerations. Permits: (1) persons injured by violations of such provisions to recover treble damages in a civil action; and (2) the court to award the prevailing party a reasonable attorney fee. Makes provisions regarding injunctions against fraud and criminal forfeiture of fraud proceeds applicable to health care fraud. Authorizes the Attorney General to pay specified rewards for information leading to the prosecution and conviction of persons engaging in health care fraud, with exceptions. Directs the Attorney General to establish: (1) regional health care fraud task forces and a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners; and (2) a national, toll-free health care fraud and abuse hotline. Authorizes appropriations: (1) for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases; and (2) to establish, operate, and administer health care task forces and the national health care fraud and abuse data base and hotline, and to publicize the data base and hotline. Amends the Federal criminal code to make: (1) activity which, if engaged in by the U.S. Postal Service, would be a violation of mail fraud provisions, punishable to the same extent with respect to private or commercial interstate carriers (express company fraud); and (2) health care fraud and express company fraud predicates to violations of prohibitions against the laundering of monetary instruments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bipartisan Commission on the Future of Medicare Act of 1997''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Bipartisan Commission on the Future of Medicare (referred to in this Act as the ``Commission''). SEC. 3. FINDINGS. The Congress finds that-- (1) the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) provides essential health care coverage to this Nation's senior citizens and to individuals with disabilities; (2) the Federal Hospital Insurance Trust Fund established under that Act has been spending more than it receives since 1995, and will be bankrupt in the year 2001; (3) the Federal Hospital Insurance Trust Fund faces even greater solvency problems in the long run with the aging of the baby boom generation and the continuing decline in the number of workers paying into the medicare program for each medicare beneficiary; (4) the trustees of the trust funds of the medicare program have reported that growth in spending within the Federal Supplementary Medical Insurance Trust Fund established under that Act is unsustainable; and (5) expeditious action is needed in order to restore the financial integrity of the medicare program and to maintain this Nation's commitment to senior citizens and to individuals with disabilities. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) review and analyze the long-term financial condition of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (2) identify problems that threaten the financial integrity of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established under that title (42 U.S.C. 1395i, 1395t); (3) analyze potential solutions to the problems identified under paragraph (2) that will ensure both the financial integrity of the medicare program and the provision of appropriate benefits under such program; (4) make recommendations to restore the solvency of the Federal Hospital Insurance Trust Fund and the financial integrity of the Federal Supplementary Medical Insurance Trust Fund through the year 2030, when the last of the baby boomers reaches age 65; (5) make recommendations for establishing the appropriate financial structure of the medicare program as a whole; (6) make recommendations for establishing the appropriate balance of benefits covered and beneficiary contributions to the medicare program; (7) make recommendations for the time periods during which the recommendations described in paragraphs (4), (5), and (6) should be implemented; and (8) review and analyze such other matters as the Commission deems appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members, of whom-- (1) three shall be appointed by the President; (2) six shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 4 shall be of the same political party; and (3) six shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 4 shall be of the same political party. (b) Comptroller General.--The Comptroller General of the United States shall advise the Commission on the methodology to be used in identifying problems and analyzing potential solutions in accordance with the duties of the Commission described in section 4. (c) Terms of Appointment.--The members shall serve on the Commission for the life of the Commission. (d) Meetings.--The Commission shall locate its headquarters in the District of Columbia, and shall meet at the call of the Chairperson. (e) Quorum.--Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairperson.--The Speaker of the House of Representatives, in consultation with the Majority Leader of the Senate, shall designate 1 of the members appointed under subsection (a) as Chairperson of the Commission. (g) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy. (h) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (i) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Executive Director.-- (1) Appointment.--The Chairperson shall appoint an executive director of the Commission. (2) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (c) Applicability of Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (d) Experts and Consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. (f) Other Resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and agencies and elected representatives of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. (g) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may conduct public hearings or forums at the discretion of the Commission, at any time and place the Commission is able to secure facilities and witnesses, for the purpose of carrying out the duties of the Commission. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORT. Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the recommendations, findings, and conclusions of the Commission. SEC. 9. TERMINATION. The Commission shall terminate on the date which is 30 days after the date the Commission submits its report to the President and to Congress under section 8. SEC. 10. FUNDING. There is authorized to be appropriated to the Commission such sums as are necessary to carry out the purposes of this Act. Sums appropriated under this section shall be paid equally from the Federal Hospital Insurance Trust Fund and from the Federal Supplementary Medical Insurance Trust Fund under title XVIII of the Social Security Act (42 U.S.C. 1395i, 1395t).

Summary: National Bipartisan Commission on the Future of Medicare Act of 1997 - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program under title XVIII of the Social Security Act; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through 2030; (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits; and (4) make recommendations for establishing the appropriate financial structure of the Medicare program and for establishing the appropriate balance of benefits covered and beneficiary contributions to the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Labor Relations Reorganization Act of 2011''. SEC. 2. REFERENCES. Whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the National Labor Relations Act (29 U.S.C. 151 et seq.). SEC. 3. ABOLISHMENT OF THE NATIONAL LABOR RELATIONS BOARD. (a) Abolishment of Board.--Effective on the date provided in subsection (c), the National Labor Relations Board is abolished. (b) Repeal of Authority.--Sections 3, 4, and 5 of the Act are repealed. (c) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act. SEC. 4. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF LABOR-MANAGEMENT STANDARDS. (a) Transfer of Authority.--The functions and responsibilities of the National Labor Relations Board for overseeing elections under section 9 of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Secretary of Labor, to be carried out through the Office of Labor- Management Standards. (b) Amendments to the NLRA.-- (1) Definition.--Paragraph (10) of section 2 (29 U.S.C. 152) is amended to read as follows: ``(10) The term `Secretary' means the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor.''. (2) Authority for supervising elections.--Section 9 (29 U.S.C. 159) is amended by striking ``Board'' each place it appears and inserting ``Secretary''. (3) Rules and regulations.-- (A) Authority.--Section 6 (29 U.S.C. 156) is amended by striking ``Board'' and inserting ``Secretary''. (B) Preservation of existing regulations.--Rules and regulations issued under the National Labor Relations Act prior to and in effect on the day before the date of enactment of this Act shall continue in effect and shall be considered to be rules and regulations issued by the Secretary of Labor, acting through the office of Labor-Management Standards of the Department of Labor, under section 6 of such Act, as amended by paragraph (1). (4) Conforming amendments.--Section 8 (29 U.S.C. 158) is amended by striking ``Board'' each place it appears and inserting ``Secretary''. SEC. 5. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE. (a) Transfer of Authority.--The functions and responsibilities of the National Labor Relations Board for the prevention of unfair labor practices under section 10 of the National Labor Relations Act, and any related authorities and functions under that Act, are hereby transferred to the Bureau of Labor Relations Enforcement of the Department of Justice, established under subsection (b). (b) Establishment of Enforcement Bureau.-- (1) Establishment and purpose.--There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Labor Relations Enforcement, to carry out the enforcement duties and functions that were, prior to the date of enactment of this Act, carried out by the National Labor Relations Board under section 10 of the National Labor Relations Act. (2) Director.--The Bureau shall be headed by a Director appointed by the Attorney General. The Director shall have had experience in labor-management relations and shall not engage in any other employment than that of serving as Director; nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement. (c) Amendments to the NLRA.-- (1) Definition.--Section 2 (29 U.S.C. 152) is further amended by adding at the end the following: ``(15) The term `Bureau' means the Bureau of Labor Management Enforcement of the Department of Justice.''. (2) Authority for the prevention of unfair labor practices.--Section 10 (29 U.S.C. 160) is amended-- (A) in subsections (a), (d), (f), (g), (h), (j), (k) and (l), by striking ``Board'' each place it appears and inserting ``Bureau''; (B) in subsection (b)-- (i) in the first sentence-- (I) by striking ``Board'' each place it appears and inserting ``Bureau''; and (II) by striking ``or a member thereof''; (ii) in the second sentence-- (I) by striking ``member, agent, or agency'' and inserting ``agent or agency''; and (II) by striking ``Board'' and inserting ``Bureau''; (iii) in the fourth sentence-- (I) by striking ``member, agent, or agency'' and inserting ``agent or agency''; and (II) by striking ``Board'' and inserting ``Bureau''; and (iv) in the last sentence, by striking ``the Act of June 19, 1934'' and all that follows and inserting ``section 2072 of title 29, United States Code.''; (C) in subsection (c)-- (i) by striking ``member, agent, or agency'' and inserting ``agent or agency''; (ii) by striking ``Board'' each place it appears and inserting ``Bureau''; and (iii) by striking the last sentence; and (D) in subsection (e)-- (i) by striking ``Board'' each place it appears and inserting ``Bureau''; and (ii) by striking ``member, agent, or agency'' each place it appears and inserting ``agent or agency''. SEC. 6. APPLICATION OF TITLE 5 PROVISION WITH RESPECT TO EMPLOYEES. Section 3503 of title 5, United States Code, shall apply with respect to employees affected by the transfers of functions under sections 4 and 5. SEC. 7. INVESTIGATORY POWERS UNDER THE NLRA. Section 11 (29 U.S.C. 161) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``Board'' and inserting ``Secretary or the Bureau, as the case may be,''; and (B) by striking ``it'' and inserting ``the Secretary or the Bureau, respectively,''; (2) in paragraph (1)-- (A) in the first sentence, by striking ``The Board, or its'' and inserting ``The Secretary and the Bureau, or their''; (B) in the second sentence, by striking ``Board, or any member thereof'' and inserting ``Secretary or the Bureau, as the case may be''; (C) in the third sentence-- (i) by striking ``Board'' the first place it appears and inserting ``Secretary or the Bureau''; and (ii) by striking ``Board'' the second place it appears and inserting ``Secretary or the Bureau, as the case may be,''; and (D) in the fourth sentence-- (i) by striking ``Any member of the Board'' and inserting ``The Secretary and the Bureau''; and (ii) by striking ``Board'' and inserting ``Secretary or the Bureau''; (3) in paragraph (2)-- (A) by striking ``Board'' each place it appears and inserting ``Secretary or the Bureau''; and (B) by striking ``member, agent, or agency'' both places it appears and inserting ``agent or agency''; (4) in paragraph (4), by striking ``Board, its member, agent, or agency'' both place it appears and inserting ``Secretary or the Bureau, its agent or agency''; and (5) in paragraph (6)-- (A) by striking ``Board, upon its'' both places it appears and inserting ``Secretary or the Bureau''; and (B) by striking ``its''. SEC. 8. ADDITIONAL CONFORMING AMENDMENTS. The Act is further amended-- (1) in section 12, by striking ``Board or any of its'' and inserting ``Secretary or the Bureau or any of their''; (2) in section in section 14(c)-- (A) by striking ``Board, in its discretion'' and inserting ``Secretary or the Bureau, as the case may be, in their discretion''; and (B) by striking ``Board'' the second, third, and fourth places it appears and inserting ``Secretary or the Bureau''; and (3) in section 18, by striking ``National Labor Relations Board'' and inserting ``Secretary''.

Summary: National Labor Relations Reorganization Act of 2011 - Amends the National Labor Relations Act to abolish the National Labor Relations Board (NLRB). Transfers all functions of the NLRB for overseeing elections of collective bargaining representatives to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards. Establishes within the Department of Justice (DOJ) a Bureau of Labor Relations Enforcement, to which are transferred all functions of the NLRB for the prevention of unfair labor practices.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Guantanamo Bay Detention Facility Safe Closure Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the United States began its Global War on Terrorism, terrorists have been captured by the United States and their allies and detained in facilities at Guantanamo Bay Detention Facility (GTMO), Cuba. (2) The detainee complex at Guantanamo Bay, Cuba, is the only complex in the world that can safely and humanely hold individuals that pose a high-security risk to the United States. It is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on compliance of the detainee, and provides medical care not available to a majority of the population of the world. (3) GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today. (4) New intelligence being collected from detainees at GTMO is being used to fight terrorists in Iraq, Afghanistan, and around the globe. (5) Intelligence information obtained from questioning detainees includes-- (A) the organizational structure of al-Qaida and other terrorist groups; (B) the extent of terrorist presence in Europe, the United States, and the Middle East; (C) al-Qaida's pursuit of weapons of mass destruction; (D) methods of recruitment and locations of recruitment centers; (E) terrorist skill sets, including general and specialized operative training; and (F) how legitimate financial activities are used to hide terrorist operations. (6) The Expeditionary Legal Complex (ELC) located at GTMO is the only one of its kind in the world. It provides a secure location to secure and try detainees charged by the United States Government, full access to sensitive and classified information, full access to defense lawyers and prosecution, and full media access by the press. (7) There are on average two lawyers for every detainee that has been charged or had charges preferred against them at GTMO. (8) There are 127 doctors, nurses, and medical technicians dedicated to caring for and maintaining the health of each detainee--a ratio of 1:2 (one health care professional for every two detainees). (9) GTMO is operated by the Department of Defense and only interrogation techniques approved by the Secretary of Defense have been used. (10) Detainees are being treated humanely. (11) There are no solitary confinement facilities at Guantanamo. (12) Water boarding has never occurred at GTMO. (13) Current treatment and oversight exceed any maximum- security prison in the world. (14) Since 2002, more than 520 detainees have departed Guantanamo for other countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United Kingdom, and Yemen. (15) There are approximately 245 detainees from over 30 countries remaining at GTMO. These detainees include terrorist trainers, terrorist financiers, bomb makers, Osama bin Laden bodyguards, recruiters and facilitators, and would-be suicide bombers. Detainees remaining at GTMO fall into three categories: (A) Detainees who have been cleared for release but the United States has not been able to find a foreign country willing to accept them. (B) Detainees who have been tried, had charges referred to trial, or are awaiting for referral to trial. (C) Detainees who are either of high threat to the United States or are from countries where the United States is unable to get sufficient assurances that the country will mitigate their threat if transferred. (16) The Pentagon claims that 61 of released GTMO detainees have ``returned to the fight''. (17) Said Ali al-Shihri, suspected of involvement in the bombing of the United States Embassy in Yemen on 17 September 2008, was released to Saudi Arabia in 2007, passed through a Saudi rehabilitation program, and has resurfaced as the new deputy leader of al-Qaida in Yemen. (18) In 2007, the Senate passed a resolution, 94-3, stating, ``detainees housed at Guantanamo should not be released into American society, nor should they be transferred stateside into facilities in American communities and neighborhoods.''. (19) On January 20, 2009, President Obama instructed military prosecutors to seek a 120-day suspension of legal proceedings at GTMO or what administration officials called ``a continuance of the proceedings''. (20) On January 22, 2009, President Obama ordered the closing of the GTMO prisons within a year. (21) The United States is still in a global war on terror, engaged in armed conflict with terrorist organizations, and will, in all probability, continue to capture terrorists who will be detained in a facility. (22) If the detention facility at GTMO is closed, some United States domestic or overseas prison will have to house these detainees while they await disposition. SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER INDIVIDUALS DETAINED AT GUANTANAMO BAY, CUBA, TO THE UNITED STATES, OR TO COORDINATE WITH OTHER DEPARTMENTS OR AGENCIES FOR SUCH TRANSFER. None of the funds appropriated or otherwise made available to the Department of Defense may be used-- (1) to transfer any enemy combatant detained by the United States at Naval Station, Guantanamo Bay, Cuba, to the United States; or (2) to coordinate with any other department or agency for the purposes of transferring of any such enemy combatant to the United States. SEC. 4. PROHIBITION ON USE OF CERTAIN CLOSED DEPARTMENT OF DEFENSE FACILITIES TO HOUSE ENEMY COMBATANTS. The Secretary of Defense may not use or authorize the use of any facility that is closed through a base closure process for housing any enemy combatant who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba. SEC. 5. PROHIBITION ON CONSTRUCTING, IMPROVING, MODIFYING, OR OTHERWISE ENHANCING ANY FACILITY IN THE UNITED STATES OR ITS TERRITORIES FOR THE PURPOSE OF HOUSING ANY DETAINEE CURRENTLY OR PREVIOUSLY HOUSED AT GUANTANAMO. The Secretary of Defense may not construct, improve, modify, or otherwise enhance any facility in the United States or its territories for the purpose of housing any enemy combatant who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba, or who has ever been so detained.

Summary: Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States; or (2) coordinate with any other department or agency to transfer any such individual to the United States. Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual; or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Energy for America Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) rising energy costs and uncertain long term energy supplies threaten to undermine the growth of the United States economy; (2) since 2003, fuel and fertilizer costs have nearly doubled for agricultural producers; (3) there are continuing and increasing risks to the energy security of the United States; (4) having an affordable, reliable, and plentiful energy supply will strengthen the United States economy and improve domestic energy security; (5) the agricultural sector can provide a significant source of clean, sustainable energy for the United States that can reduce the dependence of the United States on imported energy and lower energy costs for all people of the United States; (6) agriculture-based energy-- (A) boosts rural economic development; (B) increases farm-based income; (C) creates manufacturing, construction, and service jobs; (D) expands economic opportunity for all people; and (E) improves environmental quality; (7) it is a goal of this Act to help the agricultural sector to provide at least 25 percent of the energy consumed in the United States by calendar year 2025; (8) expanding agriculture-based renewable energy resources (including wind, solar, and geothermal energy, ethanol, and biodiesel) and improving energy efficiency will help to achieve that goal; (9) section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) established the renewable energy systems and energy efficiency improvements program, which is the first agricultural program to catalyze broad renewable energy and energy efficiency measures for the agricultural and rural business sectors; (10) since establishment, the program has been a strong success, providing during the first 3 years of the program nearly $64,000,000 in grants and loan guarantees for 412 renewable energy and energy efficiency projects in 37 States, which leveraged approximately $699,000,000 in additional investments in farms and rural communities; (11) projects assisted by the grants and loan guarantees will-- (A) produce or save more than 17,000,000,000,000 British thermal units of energy each year in the form of fuel, electricity, thermal energy, and energy efficiency; (B) produce 124,000,000 gallons of ethanol and biodiesel fuel annually; and (C) reduce carbon dioxide emissions by more than 4,000,000 tons annually; and (12) applications for assistance under the program-- (A) in 2003, nearly matched the available funding for the program; (B) in 2004, were nearly twice the available funding for the program; and (C) in 2005 and 2006, were nearly triple the available funding for the program. SEC. 3. RURAL ENERGY FOR AMERICA PROGRAM. Section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.''; (2) in subsection (a)-- (A) by inserting ``, and issue rebates,'' after ``grants''; and (B) by inserting ``rural school districts,'' after ``ranchers,''. (3) by striking subsection (f); (4) by redesignating subsection (e) as subsection (h); (5) by inserting after subsection (d) the following: ``(e) Production-Based Incentive in Lieu of Grant.-- ``(1) In general.--In addition to the authority under subsection (a), to encourage the production of electricity from renewable energy systems, the Secretary shall, on the request of an eligible applicant under this section, make production- based payments to the applicant in lieu of a grant. ``(2) Contingency.--Payments under paragraph (1) shall be contingent on documented energy production and sales from the renewable energy system to a third party. ``(3) Limitation.--The total net present value of a production-based incentive may not exceed the lower of-- ``(A) 25 percent of the eligible project costs; and ``(B) any other limits that the Secretary establishes by rule or guidance. ``(f) Feasibility Studies.-- ``(1) In general.--The Secretary may provide assistance to eligible applicants to conduct feasibility studies of projects for which assistance may be provided under this section. ``(2) Limitation.--The Secretary shall use not more than 10 percent of funds made available to carry out this section to provide assistance described in paragraph (1). ``(3) Criteria.--The Secretary shall, by regulation, establish criteria for the receipt of assistance under this subsection. ``(4) Avoidance of duplicative assistance.--An applicant that receives assistance to carry out a feasibility study for a project under this subsection shall not be eligible for assistance to carry out a feasibility study for the project under any other provision of Federal law. ``(5) Matching funds.--A recipient of funds under this subsection shall contribute an amount of non-Federal funds that is at least equal to 75 percent of the amount of Federal funds received. ``(g) Rebate Program.-- ``(1) In general.--The Secretary shall make competitive grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. ``(2) Eligible entities.--To be eligible to receive a grant under paragraph (1), an entity shall be-- ``(A) a State energy or agriculture office; ``(B) a nonprofit State-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a State agency; ``(C) any other nonprofit organization with a demonstrated ability to administer a State-wide energy efficiency or renewable energy rebate program; or ``(D) a consortium of entities described in subparagraphs (A) through (C). ``(3) Merit review.-- ``(A) In general.--The Secretary shall establish a merit review process to review applications for grants under paragraph (1) that uses the expertise of the Department of Agriculture, other Federal and State agencies, and non-governmental organizations. ``(B) Requirements.--In reviewing the application of an eligible entity to receive a grant under paragraph (1), the Secretary shall consider-- ``(i) the experience and expertise of the entity in establishing and administering a State-wide clean energy rebate program; ``(ii) the annual projected energy savings or production increases resulting from the proposed program; ``(iii) the environmental benefits resulting from the proposed program; and ``(iv) other appropriate factors, as determined by the Secretary. ``(4) Maintenance of effort.--An entity that receives a grant under paragraph (1) shall provide assurances to the Secretary that funds provided to the entity under this subsection will be used to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended for rebate programs. ``(5) Rebate amount.--The amount of a rebate provided from a grant under this subsection shall not exceed the lower of-- ``(A) $10,000; or ``(B) 50 percent of the cost incurred to purchase a renewable energy system or an energy efficiency improvement.''; and (6) by adding at the end the following: ``(i) Funding.--Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section-- ``(1) $60,000,000 for fiscal year 2008, to remain available until expended, of which not more than $12,000,000 shall be used to carry out subsection (g); ``(2) $90,000,000 for fiscal year 2009, to remain available until expended, of which not more than $18,000,000 shall be used to carry out subsection (g); ``(3) $130,000,000 for fiscal year 2010, to remain available until expended, of which not more than $26,000,000 shall be used to carry out subsection (g); ``(4) $180,000,000 for fiscal year 2011, to remain available until expended, of which not more than $36,000,000 shall be used to carry out subsection (g); and ``(5) $250,000,000 for fiscal year 2012, to remain available until expended, of which not more than $50,000,000 shall be used to carry out subsection (g).''. SEC. 4. SENSE OF THE SENATE ON A DIRECT LOAN PROGRAM IN SECTION 9006. It is the sense of the Senate that-- (1) as authorized by section 9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106), the Secretary of Agriculture should implement a direct loan program to complement the grants provided under that section; and (2) as appropriate, the Secretary should model the direct loan program on the loan program established under section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697).

Summary: Rural Energy for America Act of 2006 - Amends the Farm Security and Rural Investment Act of 2002 to rename the renewable energy systems and energy efficiency improvements program as the rural energy for America program (REAP). Makes rural school districts eligible for REAP. Authorizes: (1) production-based incentives in lieu of grants for electricity production from renewable energy systems contingent upon third-party sales; and (2) matching assistance for feasibility studies. Directs the Secretary of Agriculture to make grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. Defines eligible entities as: (1) a state energy or agriculture office; (2) a nonprofit state-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a state agency; (3) any other nonprofit organization with a demonstrated ability to administer a statewide energy efficiency or renewable energy rebate program; or (4) a consortium of such entities. Limits rebates to the lower of $10,000 or 50% of the cost to purchase a renewable energy system or an energy efficiency improvement. Extends REAP funding through FY 2012 with set-asides for the rebate program. Expresses the sense of the Senate that the Secretary should implement a direct loan program to complement REAP grants.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Federal Statistical System Act of 1996''. SEC. 2. FINDINGS. The Congress, recognizing the importance of statistical information in the development and administration of policies for the private and public sector, finds that-- (1) accurate Federal statistics are required to develop, implement, and evaluate government policies and laws; (2) Federal spending consistent with legislative intent requires accurate and appropriate statistical information; (3) business and individual economic decisions are influenced by Federal statistics and contracts are often based on such statistics; (4) statistical information on the manufacturing and agricultural sectors is more complete than statistical information regarding the service sector which employs more than half the Nation's workforce; (5) experts in the private and public sector have long- standing concerns about the accuracy and adequacy of numerous Federal statistics, including the Consumer Price Index, gross domestic product, trade data, wage data, and the poverty rate; (6) Federal statistical data should be accurate, consistent, and continuous; (7) the Federal statistical infrastructure should be modernized to accommodate the increasingly complex and ever changing American economy; (8) Federal statistical agencies should utilize all practical technologies to disseminate statistics to the public; and (9) the Federal statistical infrastructure should maintain the privacy of individuals. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission to Study the Federal Statistical System (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 13 members of whom-- (A) 5 shall be appointed by the President; (B) 4 shall be appointed by the President pro tempore of the Senate, in consultation with the majority leader and minority leader of the Senate; and (C) 4 shall be appointed by the Speaker of the House of Representatives, in consultation with the majority leader and minority leader of the House of Representatives. (2) Political party limitation.--(A) Of the 5 members of the Commission appointed under paragraph (1)(A), no more than 3 members may be members of the same political party. (B) Of the 4 members of the Commission appointed under subparagraphs (B) and (C) of paragraph (1), respectively, no more than 2 members may be members of the same political party. (3) Consultation before appointments.--In making appointments under paragraph (1), the President, the President pro tempore of the Senate, and the Speaker of the House of Representatives shall consult with the National Science Foundation and appropriate professional organizations, such as the American Economic Association and the American Statistical Association. (4) Qualifications.--An individual appointed to serve on the Commission-- (A) shall have expertise in statistical policy and a background in such disciplines as actuarial science, demography, economics, and finance; (B) may not be a Federal officer or employee; and (C) should be an academician, a statistics user in the private sector, or a former government official with experience related to-- (i) the Bureau of Labor Statistics of the Department of Labor; or (ii) the Bureau of Economic Analysis or the Bureau of the Census of the Department of Commerce. (5) Date.--The appointments of the members of the Commission shall be made no later than 150 days after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The President shall designate a Chairman of the Commission from among the members. SEC. 4. FUNCTIONS OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a comprehensive study of all matters relating to the Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. (2) Study and recommendations.--The matters studied by and recommendations of the Commission shall include-- (A) an examination of multipurpose statistical agencies that collect and analyze data of broad interest across department and function areas, such as the Bureau of Economic Analysis and the Bureau of the Census of the Commerce Department, and the Bureau of Labor Statistics of the Labor Department; (B) a review and evaluation of the collection of data for purposes of administering such programs as Old-Age, Survivors and Disability Insurance and Unemployment Insurance under the Social Security Act; (C) a review and evaluation of the mission and organization of various statistical agencies, including-- (i) recommendations with respect to statistical activities that should be expanded or deleted; (ii) the order of priority such activities should be carried out; (iii) a review of the advantages and disadvantages of a centralized statistical agency or a partial consolidation of the agencies for the Federal Government; and (iv) an assessment of which agencies could be consolidated into such an agency; (D) an examination of the methodology involved in producing official data and recommendations for technical changes to improve statistics; (E) an evaluation of the accuracy and appropriateness of key statistical indicators and recommendations of ways to improve such accuracy and appropriateness; (F) a review of interagency coordination of statistical data and recommendations of methods to standardize collection procedures and surveys, as appropriate, and presentation of data throughout the Federal system; (G) a review of information technology and recommendations of appropriate methods for disseminating statistical data, with special emphasis on resources, such as the Internet, that allow the public to obtain information in a timely and cost- effective manner; (H) an examination of individual privacy in the context of statistical data; (I) a comparison of the United States statistical system to statistical systems of other nations; (J) a consideration of the coordination of statistical data with other nations and international agencies, such as the Organization for Economic Cooperation and Development; and (K) a recommendation of a strategy for maintaining a modern and efficient Federal statistical infrastructure as the needs of the United States change. (b) Report.-- (1) Interim report.--No later than June 1, 1998, the Commission shall submit an interim report on the study conducted under subsection (a) to the President and to the Congress. (2) Final report.--No later than January 15, 1999, the Commission shall submit a final report to the President and the Congress which shall contain a detailed statement of the findings and conclusions of the Commission, and recommendations for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) In general.--Subject to paragraph (2), each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (2) Chairman.--The Chairman shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. Such travel may include travel outside the United States. (c) Staff.-- (1) In general.--Subject to paragraph (2), the Commission shall, without regard to the provisions of title 5, United States Code, relating to the competitive service, appoint an executive director who shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. The Commission shall appoint such additional personnel as the Commission determines to be necessary to provide support for the Commission, and may compensate such additional personnel without regard to the provisions of title 5, United States Code, relating to the competitive service. (2) Limitation.--The total number of employees of the Commission (including the executive director) may not exceed 30. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the final report of the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $2,500,000 for fiscal year 1997, $5,000,000 for fiscal year 1998, and $2,500,000 for fiscal year 1999 to the Commission to carry out the purposes of this Act.

Summary: Commission to Study the Federal Statistical System Act of 1996 - Establishes the Commission to Study the Federal Statistical System. Directs the Commission to study all matters relating to Federal statistical infrastructure, including longitudinal surveys conducted by private agencies and partially funded by the Federal Government. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Affordable Vocational and Collegiate Education (SAVE) Act.'' SEC. 2. DEDUCTION FOR PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid by the taxpayer during the taxable year to any qualified State tuition program (as defined in section 529) for the benefit of any designated beneficiary (as defined in such section). ``(b) Dollar Limitation.--The deduction allowed by subsection (a) for the taxable year shall not exceed $5,000 ($10,000 in the case of a joint return).'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Payments to qualified state tuition programs.--The deduction allowed by section 222.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting: ``Sec. 222. Payments to qualified State tuition programs. ``Sec. 223. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iv) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(v) Coordination with education individual retirement accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of such Code is amended by striking ``the exclusion under section 530(d)(2)'' and inserting ``the exclusions under sections 529(c)(3)(B)(i) and 530(d)(2)''. (2) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Summary: Securing Affordable Vocational and Collegiate Education (SAVE) Act - Amends the Internal Revenue Code to: (1) allow a limited deduction for amounts paid to any qualified State tuition program; and (2) provide that distributions from such programs used to pay qualified higher education expenses shall not be included in gross income.


SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES. (a) In General.--Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end the following: ``Subchapter E--Tax on Tires ``Sec. 4691. Imposition of tax. ``SEC. 4691. IMPOSITION OF TAX. ``(a) General Rule.--There is imposed a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 50 cents per tire. ``(c) Liability for Tax.--The tax imposed by subsection (a) shall be paid by the manufacturer or importer of the tire not later than 30 days after the end of each calendar quarter for each tire manufactured or imported during such quarter. ``(d) Tires on Imported Articles.--For purposes of subsection (a), if an article imported into the United States is equipped with tires, the importer of the article shall be treated as the importer of the tires with which such article is equipped. ``(e) Effective Date.--The tax imposed by this section shall apply to tires manufactured or imported after December 31, 1997, and before January 1, 2003.''. (b) Conforming Amendment.--The table of subchapters for chapter 38 of such Code is amended by adding after the item relating to subchapter D the following: ``Subchapter E. Tax on tires.''. SEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to the establishment of trust funds) is amended by adding after section 9511 the following: ``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Waste Tire Recycling, Abatement, and Disposal Trust Fund'' consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are appropriated to the Waste Tire Recycling, Abatement, and Disposal Trust Fund amounts equivalent to-- ``(1) taxes received in the Treasury under section 4691 (relating to an assessment on motor vehicle tires); and ``(2) amounts received in the Treasury and collected under section 4011 of the Solid Waste Disposal Act. ``(c) Expenditures.--Amounts in the Waste Tire Recycling, Abatement, and Disposal Trust Fund shall be available, as provided in appropriation Acts, only for the purpose of making expenditures to carry out the purposes of section 4011 of the Solid Waste Disposal Act. ``(d) Authority to Borrow.-- ``(1) In general.--There are authorized to be appropriated to the Waste Tire Recycling, Abatement, and Disposal Trust Fund, as repayable advances, such sums as may be necessary to carry out the purposes of section 4011(k) of the Solid Waste Disposal Act. ``(2) Limitation on aggregate advances.--The maximum aggregate amount of repayable advances to the Waste Tire Recycling, Abatement, and Disposal Trust Fund which is outstanding at any one time shall not exceed an amount equal to the amount which the Secretary estimates will be equal to the sum of the amounts received from the tax imposed by section 4691 during any 2-year period. ``(3) Repayment of advances.-- ``(A) In general.--Advances made to the Waste Tire Recycling, Abatement, and Disposal Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in the Waste Tire Recycling, Abatement, and Disposal Trust Fund. ``(B) Date for termination of advances.--No advance shall be paid to the Trust Fund after December 31, 2001 and all advances to the Trust Fund shall be repaid on or before such date. ``(C) Interest rate on advances.--Interest on advances made to the Trust Fund shall be at a rate determined by the Secretary to be equal to the current market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding, and shall be compounded annually.''. (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding after the item relating to section 9511 the following: ``Sec. 9511. Waste Tire Recycling, Abatement, and Disposal Trust Fund.''.

Summary: Amends the Internal Revenue Code (IRC) to impose a tax on the manufacture or importation of tires of any type, including solid and pneumatic tires. Establishes the Waste Tire Recycling, Abatement, and Disposal Trust Fund. Appropriates to the Fund the taxes received under IRC provisions relating to an assessment on motor vehicle tires and amounts received under specified provisions of the Solid Waste Disposal Act. Makes Fund amounts available (as provided in appropriations Acts), and authorizes appropriations, for State and Federal waste tire recycling, abatement, and disposal activities and related research.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Improvement Timber Contract Extension Act of 1996''. SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL FOREST. Title III of the Tongass Timber Reform Act (Public Law 101-626; 104 Stat. 4430) is amended by adding at the end the following new section: ``SEC. 302. 1996 CONTRACT MODIFICATIONS. ``(a) Definitions.--In this section: ``(1) The term `board feet' means net scribner long-log scale for all sawlogs and all hemlock and spruce utility grade logs. ``(2) The term `contract' means the timber sale contract numbered A10fs-1042 between the United States and the Ketchikan Pulp Company. ``(3) The term `contracting officer' means the Regional Forester of Region 10 of the United States Forest Service. ``(4) The term `mid-market criteria' means an appraisal that ensures an average timber operator will have a weighted average profit and risk margin of at least 60 percent of normal in a mid-market situation, representative of the most recent 10 years of actual market data. ``(5) The term `proportionality' means the proportion of high volume stands (stands of 30,000 or more board feet per acre) to low volume stands (stands of 8,000 to 30,000 board feet per acre). ``(6) The term `purchaser' means the Ketchikan Pulp Company. ``(b) Findings.--Congress finds the following: ``(1) On July 26, 1951, the Forest Service, on behalf of the United States, and the purchaser entered into a contract to harvest 8,250,000,000 board feet of timber from the Tongass National Forest in the State of Alaska. While the contract is scheduled to end June 30, 2004, it acknowledges an intention on the part of the Forest Service to supply adequate timber thereafter for permanent operation of the purchaser's facilities on a commercially sound and permanently economical basis. This legislation is necessary to effectuate that intent. ``(2) A pulp mill or similar facility is necessary in southeast Alaska to optimize the level of year-round, high- paying jobs in the area, to provide high value added use of low-grade wood and by-product material from sawmilling operations, and to maintain a stable regional economy. ``(3) The purchaser plans to make environmental and operational improvements to its pulp mill, including conversion to an elementally chlorine free bleaching process, expansion of wastewater treatment facilities, relocation of the existing wastewater outfall, and improvements to chemical recovery and power generation equipment. Total capital expenditures are estimated to be $200,000,000, $25,000,000 of which the purchaser has already invested. ``(4) Extension of the contract for 15 years is the minimum reasonable extension period to allow amortization of these environmental improvement and energy efficiency projects. ``(5) Ketchikan is the fourth largest city in Alaska. Its economic and job base are extremely dependent upon the continuation of the contract, which provides the principal source of year-round employment in the area. The purchaser has stated among its goals and objectives the following: ``(A) Continuation of a long-term commitment to Ketchikan and southeast Alaska, including maintenance of a stable Alaskan workforce, utilization of Alaskan contractors, vendors, and suppliers to permit those businesses to hire and maintain Alaskan employees. ``(B) Participation in the Forest Service's land management planning process with other users so that the process may be completed expeditiously with maximum information. ``(C) Adherence to sound principles of multiple-use and sustained yield of forest resources providing for the production of sustainable contract volumes for the purchaser and the other timber operators in southeast Alaska and the protection and promotion of other forest uses, including tourism, fishing, subsistence, hunting, mining, and recreation. ``(D) Protection of air, water, and land, including fish and wildlife habitat, through compliance with applicable Federal, State, and local laws. ``(E) Commitment to continue to explore new processes and technology to maximize the use of timber harvested and increase the value of products manufactured in southeast Alaska. ``(6) The national interest is served by a policy that accomplishes the proper stewardship of publicly owned assets in the Tongass National Forest, a fair return to the United States for public timber in the Tongass National Forest, and a proper balance among multiple use interests in the Tongass National Forest to enhance forest health, sustainable harvest, and the general economic health and growth in southeast Alaska and the United States in order to improve national economic benefits. The national interest is best achieved by fostering domestic forest product markets and by modifying the terms of the contract pursuant to subsection (c). ``(c) Contract Fairness Changes.--The contract is hereby modified as follows: ``(1) Extension.--The term of the contract is extended by 15 years from June 30, 2004. ``(2) Sale Offering plan.--The contract shall include a plan describing the amount of volume, location, and the schedule by which the purchaser shall receive the timber required by paragraph (3) for the remainder of the contract term. The plan shall be coordinated with the Tongass Land Management Plan. ``(3) Volume requirements.--The volume of timber required under the contract shall be provided in 5-year increments of 962,500,000 board feet, which the purchaser shall be obligated to harvest in an orderly manner, subject to the following: ``(A) Until March 1, 1999, when the next 5-year increment is provided to the purchaser, the Forest Service shall provide the purchaser with at least 192,500,000 board feet per year of available timber at a date certain each year and shall maintain a supply of timber adequate to insure the purchaser can reasonably harvest 192,500,000 board feet each year. ``(B) To ensure harvest in an orderly manner, the contracting officer shall provide for the construction by the purchaser of roads in portions of the 5-year increment area of timber in advance of the 5-year operating period by including such roads in the environmental impact statement prepared for the 5-year operating period. ``(C) Timber selected for inclusion in the 5-year increment shall meet the mid-market criteria. ``(4) Appraisals and rates.--The contracting officer shall perform appraisals using normal independent national forest timber sale procedures and designate rates for the increments of timber to be provided. The rates shall not be designated at a level that places the purchaser at a competitive disadvantage to a similar enterprise in the Pacific Northwest and those rates shall be the sole charges the purchaser shall be required to pay for timber provided. ``(5) Measurement of proportionality.--The Forest Service shall measure proportionality using the following criteria: ``(A) Measure for groups of all contiguous management areas. ``(B) Measure proportionality by acres. ``(C) Measure proportionality over the entire rotation age. ``(6) Conversion or replacement of pulp mill.--The purchaser may convert or replace, in part or in whole, its pulp mill with a facility the manufactures any other value added product that utilizes pulp logs as a raw material component. ``(7) Unilateral termination.--The unilateral termination clause of the contract is eliminated. ``(8) Subsequent modifications.--Any clause in the contract, as modified by this subsection, may be further modified only by mutual agreement of the Forest Service and the purchaser and may be so modified without further Act of Congress. ``(d) Effective Date for Contract Modification.-- ``(1) Effective date.--The modifications made by subsection (c) shall take effect 45 days after the date of the enactment of the Environmental Improvement Timber Contract Extension Act of 1996. ``(2) Ministerial duty to modify the contract.--Not later than such effective date, the contracting officer shall revise, as a ministerial function, the text of the contract to conform with the modifications made by subsection (c) and implement the modified contract. The contracting officer shall make conforming changes to provisions of the contract that were not modified by subsection (c) in order to ensure that the modifications made by such subsection are implemented. ``(e) Transition Timber Supply.--Timber volume available or scheduled to be offered to the purchaser under the contract in effect on the day before the date of the enactment of the Environmental Improvement Timber Contract Extension Act of 1996 shall continue to be offered and scheduled under the contract as modified by subsection (c) along with such additional timber volume as is necessary to satisfy the timber volume requirement of 192,500,000 board feet per year.''.

Summary: Environmental Improvement Timber Contract Extension Act of 1996 - Amends the Tongass Timber Reform Act to extend and modify the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Legacy IRA Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Paragraph (8) of section 408(d) of the Internal Revenue Code of 1986 (relating to tax treatment of distributions) is amended to read as follows: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Limitations.-- ``(i) In general.--The aggregate amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed $400,000. ``(ii) Organization and entity specific limitations.--The amount excluded from gross income by subparagraph (A) for a taxable year shall not exceed-- ``(I) $100,000, in the case of any distribution described in subparagraph (C)(i)(I), and ``(II) $400,000, in the case of any distribution described in subparagraph (C)(i)(II). ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to a specified charitable organization, or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 65. ``(D) Special rules relating to distributions.--For purposes of this paragraph-- ``(i) Distribution must be otherwise includible.--A distribution from an individual retirement account shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A). ``(ii) Limitation on income interests.--A distribution from an individual retirement account to a split-interest entity may only be treated as a qualified charitable distribution if-- ``(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ``(II) the income interest in the split-interest entity is nonassignable. ``(iii) Contributions must be otherwise deductible.--A distribution from an individual retirement account to a specified charitable organization may be treated as a qualified charitable distribution only if-- ``(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a specified charitable organization would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph), and ``(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(E) Specified charitable organization defined.-- For purposes of this paragraph, the term `specified charitable organization' means an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)). ``(F) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by a qualified charitable distribution, ``(ii) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by one or more qualified charitable distributions, or ``(iii) a charitable gift annuity (as defined in section 501(m)(5)), but only if such annuity is funded exclusively by a qualified charitable distribution and commences fixed payments of 5 percent or greater not later than one year from date of funding. ``(G) Special rules.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in clause (i) or (ii) of subparagraph (F) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract for purposes of section 72(c). ``(iii) Application of section 72.-- Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during the taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(iv) Determining deduction under section 170.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(v) Required minimum distributions.--The entire amount of a qualified charitable distribution shall be taken into account for purposes of section 401(a)(9). ``(H) Termination with respect to split-entities.-- Subparagraph (A) shall not apply to a distribution to a split-interest entity after December 31, 2020.''. (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years ending after the date of the enactment of this Act.

Summary: Legacy IRA Act This bill amends the Internal Revenue Code to expand the tax exclusion for distributions from individual retirement accounts (IRAs) for charitable purposes. The bill increases from $100,000 to $400,000 the annual limit on the aggregate amount of distributions for charitable purposes that may be excluded from the gross income of a taxpayer. The bill permits tax-free distributions from IRAs to a split-interest entity until December 31, 2020. A split-interest entity is exclusively funded by charitable distributions and includes: a charitable remainder annuity trust, a charitable remainder unitrust, or a charitable gift annuity. A charitable gift annuity must commence fixed payments of at least 5% no later than one year from the date of funding. A distribution to a split-interest entity may only be treated as a qualified charitable distribution if: (1) no person holds an income interest in the entity other than the individual for whose benefit the account is maintained, the spouse of such individual, or both; and (2) the income interest in the entity is nonassignable. The bill limits the exclusion annually to: $100,000 for distributions to charitable organizations, and $400,000 for distributions to split-interest entities. Tax-free distributions to a split-interest entity may be made when the account beneficiary attains age 65. (Under current law, the beneficiary must attain the age of 70-1/2 for IRA distributions to a charitable organization.)