SECTION 1. URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND. (a) Expenditures Beginning October 1, 1999.--Notwithstanding any other law, beginning on October 1, 1999, the Secretary of Energy may expend amounts collected under subsections (c) and (d) of section 1802 of the Atomic Energy Act of 1954 (42 U.S.C. section 2297g-1 (c), (d)) for the purposes set forth in subsections (b) and (c) of section 1803 of such Act (42 U.S.C. 2297g-2 (b), (c)) without further appropriation and without fiscal year limitation. (b) Expenditures Beginning October 1, 2008.--Notwithstanding any other law, beginning October 1, 2008, the Secretary of Energy may expend amounts in the fund established by section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g) for the purposes set forth in subsections (b) and (c) of section 1803 of such Act (42 U.S.C. section 2297g-1 (c), (d)) without further appropriation and without fiscal year limitation but subject to limitations that may be included in appropriations Acts. SEC. 2. ALLOCATION OF FUNDS. (a) In General.--The funds referred to in section 1 shall be allocated to each decontamination and decommissioning program of the 3 gaseous diffusion plants in, Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each such site. Such units shall be calculated as of the date of enactment of this Act. The Secretary of Energy shall report the allocation to Congress within 60 days of such date of enactment. (b) Advance Notification of Termination of Lease.--Upon receiving advance notification that the United States Enrichment Corporation, or its affiliates, is terminating all or part of its lease with the Department of Energy at the gaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky, the Department of Energy shall notify local and State officials, the congressional delegation, employee representatives, and community reuse organizations (if any). (c) Decontamination and Decommissioning Program.--If such a lease is terminated, in whole or in part, the Department of Energy shall, within 60 days, make a determination whether it will lease the facility involved in the lease to a successor entity, operate the facility as a government enterprise, operate the facility on standby, or close all or part of the operations of the facility. In the event that the Department of Energy determines that it will no longer operate or lease all or part of a gaseous diffusion plant, the Department of Energy shall immediately initiate a decontamination and decommissioning program. Within 30 days of such decision, the Department of Energy shall immediately commence all required environmental reviews, including compliance with the National Environmental Policy Act of 1969. (d) Report.--The Secretary of Energy shall transmit to Congress a decontamination and decommissioning program for the Portsmouth, Ohio and Paducah, Kentucky, gaseous diffusion plants no later than 180 days after the date a decision has been made to close all or part of one of the gaseous diffusion plants. SEC. 3. PORTSMOUTH AND PADUCAH OPERATIONS OFFICE. (a) In General.--The Department of Energy shall establish, not later than March 30, 2000, a Portsmouth and Paducah Operations Office. The office shall manage the environmental restoration, nuclear energy, and uranium enrichment program activities at such 2 sites. The office shall be provided with budget authority and contracting authority over existing contracts and authority to award new contracts. The office shall manage and direct, among other projects, the depleted uranium hexafluoride conversion program and decontamination and decommissioning program. The office shall also have its own capacity to perform environmental, safety, health, and financal oversight. (b) Plan.--The Department shall submit, not later than 60 days after the date of enactment of this Act, a plan for establishing the Portsmouth and Paducah Operations Office. The plan shall describe actions required to transfer functions from the Oak Ridge Operations Office to the Portsmouth and Paducah Operations Office. The plan shall outline the personnel transfers, full-time equivalent requirements, budget requirements, physical space requirements, and identify the source of funds to accomplish the transfer of personnel, documents, and support systems. The plan shall include the provision for legal counsel and chief financial officer and describe the reporting relationships to the Headquarters Program Office. The plan shall detail which Operations Office functions shall be located at the Portsmouth Plant Area Office versus the Paducah Plant Area Office. (c) President's Budget.--The President's Budget request for fiscal year 2001 and for each fiscal year thereafter shall include funding for the Portsmouth and Paducah Operations Office as a separate line item from the Oak Ridge Operations Office budget. SEC. 4. CLOSURE OF GASEOUS DIFFUSION PLANT. The Department of Energy shall minimize the social and economic impacts of any decisions related to the closure of all or part of a gaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky. As part of this effort, all contracts and subcontracts for safe shutdown, deactivation, decontamination, and decommissioning work at such Department of Energy's gaseous diffusion plants shall include requirements that-- (1) consistent with site seniority practices, contractors and subcontractors of all tiers directly provide a continuing right of first refusal for available work to gaseous diffusion plant employees and Department of Energy contractor employees who were employed on the date of enactment of this Act and are displaced or facing displacement and are qualified or can qualify with a reasonable amount of training; (2) contractors and subcontractors provide requisite training and retraining for incumbent employees not to exceed $10,000 per worker, excluding wages and time spent in training; (3) pay wages and benefits not less than wages and fringes provided under the Service Contract Act of 1965, and provide pension and retiree health care benefit continuity using the Multiple Employer Pension Plan now in place at the Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee sites or an equivalent instrument; (4) comply with the workforce restructuring plan promulgated by the Department of Energy pursuant to section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h); and (5) suits alleging violations of this section may be brought in any district court of the United States having jurisdiction over the parties, without regard to the amount in controversy or citizenship of the parties.

Summary: (Sec. 2) Mandates allocation of such funds to each decontamination and decommissioning program of the gaseous diffusion plants in Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each site. Sets forth procedural guidelines for possible termination by the United States Enrichment Corporation of its lease with the Department of Energy (DOE). Instructs the Secretary to transmit a decontamination and decommissioning program for the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants after the date a decision has been made to close all or part of one of the gaseous diffusion plants. (Sec. 3) Directs DOE to establish a Portsmouth and Paducah Operations Office to manage environmental restoration, nuclear energy, and uranium enrichment program activities. Mandates that the President's Budget request for FY2001 and for each fiscal year thereafter include funding for such Office as a separate line item from the Oak Ridge Operations Office budget. (Sec. 4) Sets forth closure requirements to minimize social and economic impacts relating to partial or total closures of the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Health Insurance Portability Protection Act of 1997''. SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS UNDER COLLEGE-SPONSORED HEALTH PLANS. (a) In General.--Title XXVII of the Public Health Service Act, as added by section 102(a) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), is amended by inserting after section 2723 the following new section: ``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER COLLEGE-SPONSORED HEALTH PLANS. ``(a) In General.--Subject to the succeeding provisions of this section, the provisions of subpart 1 shall apply to health insurance coverage offered in connection with a college-sponsored health plan (as defined in subsection (b)) in the same manner as they apply to health insurance coverage offered in connection with a group health plan. ``(b) College-Sponsored Health Plan Defined.--For purposes of this section, the term `college-sponsored health plan' means health benefits offered by or through an institution of higher education (as defined in section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a))) in relation to students at the institution, but does not include benefits offered to such a student as a participant or beneficiary in a group health plan. ``(c) Application of Exceptions, Enforcement, Preemption; Definitions.--In applying subsection (a)-- ``(1) subject to paragraph (2), the previous provisions of this subpart shall apply in relation to such subsection in the same manner as they apply in relation to subpart 1; and ``(2) in applying the other provisions of this title under this section-- ``(A) any reference in such provisions to a group health plan is deemed a reference to a college- sponsored health plan; ``(B) any reference in such provisions to a participant or beneficiary in a group health plan is deemed a reference to an enrollee in a college- sponsored health plan; and ``(C) any reference in such provisions to an employee in relation to the group health plan is deemed a reference to a student in relation to the college- sponsored health plan.''. (b) Clarification of Coverage Under College-Sponsored Health Plan as Creditable Coverage.-- (1) Amendment to public health service act.--Section 2701(c)(1)(B) of the Public Health Service Act (42 U.S.C. 300gg(c)(1)(B)) is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b))'' after ``coverage''. (2) Amendment to employee retirement income security act of 1974.--Section 701(c)(1)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b) of the Public Health Service Act)'' after ``coverage''. (3) Amendment to the internal revenue code of 1986.-- Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is amended by inserting ``(including such coverage under a college-sponsored health plan, as defined in section 2724(b) of the Public Health Service Act)'' after ``coverage''. (c) Effective Date; Transition.-- (1) Effective date.--The amendment made by subsection (a) shall apply to coverage under college-sponsored health plans for students matriculating or enrolling for periods beginning on or after August 1, 1997, and the amendments made by subsection (b) shall be effective as if included in the enactment of the corresponding provisions in the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (2) Crediting permitted for certain previous coverage.-- Creditable coverage occurring on or after July 1, 1996, shall be taken into account in applying section 2724(a) of the Public Health Service Act. (3) Certifications, etc.--Insofar as the certification requirements of section 2743 of the Public Health Service Act are not otherwise applicable to health insurance coverage under a college-sponsored health plan (as defined in subsection (b) of section 2724 of such Act), subsection (e) of section 2701 of the Public Health Service Act shall apply (as incorporated under subsection (a) of such section 2724) to the issuer of such coverage with respect to events occurring after April 7, 1997; but in no case is a certification required to be provided under such section 2724 pursuant to such subsection (e) before 60 days after the date of the enactment of this Act.

Summary: Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of "creditable coverage."


SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH. (a) Definitions.--In this section: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Indian Health appointed under subsection (b)(2)(A). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Office.--The term ``Office'' means the Office of the Assistant Secretary for Indian Health established by subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.-- (1) In general.--There is established within the Department the Office of the Assistant Secretary for Indian Health. (2) Assistant secretary.-- (A) In general.--Except as provided in subparagraph (B), the Office shall be headed by an Assistant Secretary for Indian Health, to be appointed by the President, by and with the advice and consent of the Senate. (B) Continued service by incumbent.--The individual serving in the position of Director of the Indian Health Service on the day before the date of enactment of this Act may serve as Assistant Secretary at the pleasure of the President after the date of enactment of this Act. (3) Duties.--The position of Assistant Secretary is established to, in a manner consistent with the government-to- government relationship between the United States and Indian tribes-- (A) facilitate advocacy for the development of appropriate Indian health policy; and (B) promote consultation on matters relating to Indian health. (c) Assistant Secretary for Indian Health.--In addition to the functions performed as of the date of enactment of this Act by the Director of the Indian Health Service, the Assistant Secretary shall-- (1) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; (2) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; (3) advise each Assistant Secretary of the Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; (4) advise the heads of other agencies and programs of the Department concerning matters of Indian health with respect to which those heads have authority and responsibility; (5) coordinate the activities of the Department concerning matters of Indian health; and (6) perform such other functions as the Secretary may designate. (d) Rate of Pay.-- (1) Positions at level iv.--Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of Health and Human Services (6).'' and inserting ``Assistant Secretaries of Health and Human Services (7).''. (2) Positions at level v.--Section 5316 of title 5, United States Code, is amended by striking ``Director, Indian Health Service, Department of Health and Human Services.''. (e) Duties of Assistant Secretary for Indian Health.--Section 601 of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF THE PUBLIC HEALTH SERVICE. ``(a) Establishment.-- ``(1) In general.--In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, there is established within the Public Health Service of the Department of Health and Human Services the Indian Health Service. ``(2) Administration.--The Indian Health Service shall be administered by the Assistant Secretary for Indian Health. ``(3) Duties.--In carrying out paragraph (2), the Assistant Secretary shall-- ``(A) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; ``(B) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; ``(C) advise each Assistant Secretary of the Department of Health and Human Services concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; ``(D) advise the heads of other agencies and programs of the Department of Health and Human Services concerning matters of Indian health with respect to which those heads have authority and responsibility; ``(E) coordinate the activities of the Department of Health and Human Services concerning matters of Indian health; and ``(F) perform such other functions as the Secretary may designate.''. (f) Conforming Amendments.-- (1) Amendments to indian health care improvement act.--The Indian Health Care Improvement Act is amended-- (A) in section 601 (25 U.S.C. 1661)-- (i) in subsection (c), by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in subsection (d)(1), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''; and (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (2) Amendments to other provisions of law.-- (A) Section 3307(b)(1)(C) of the Children's Health Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (B) The Indian Lands Open Dump Cleanup Act of 1994 is amended-- (i) in section 3 (25 U.S.C. 3902)-- (I) by striking paragraph (2); (II) by redesignating paragraphs (1), (3), (4), (5), and (6) as paragraphs (4), (5), (2), (6), and (1), respectively, and moving those paragraphs so as to appear in numerical order; and (III) by inserting before paragraph (4) (as redesignated by subclause (II)) the following: ``(3) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary for Indian Health.''; (ii) in section 5 (25 U.S.C. 3904), by striking the section heading and inserting the following: ``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.''; (iii) in section 6(a) (25 U.S.C. 3905(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; (iv) in section 9(a) (25 U.S.C. 3908(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; and (v) by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (C) Section 5504(d)(2) of the Augustus F. Hawkins- Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note; Public Law 100-297) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (D) Section 203(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 763(a)(1)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (E) Subsections (b) and (e) of section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) are amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (F) Section 317M(b) of the Public Health Service Act (42 U.S.C. 247b-14(b)) is amended-- (i) by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in paragraph (2)(A), by striking ``the Directors referred to in such paragraph'' and inserting ``the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Indian Health''. (G) Section 417C(b) of the Public Health Service Act (42 U.S.C. 285-9(b)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (H) Section 1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)) is amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (I) Section 803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is amended in the last sentence by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (J) Section 203(b) of the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2666) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (g) References.--Any reference to the Director of the Indian Health Service in any other Federal law, Executive order, rule, regulation, or delegation of authority, or in any document of or relating to the Director of the Indian Health Service, shall be deemed to refer to the Assistant Secretary. Passed the Senate July 16, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Summary: Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to facilitate advocacy for the development of appropriate Indian health policy, and promote consultation on matters related to Indian health, in a manner consistent with the government-to-government relationship between the United States and Indian tribes. Elevates the position of Director of the Indian Health Service to such Assistant Secretary position. Makes the Indian Health Service an agency of the Public Health Service.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Bureau of Investigation First Amendment Protection Act of 1993''. SEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGATION STANDARDS. (a) In General.--Except as provided in section 7, the Federal Bureau of Investigation (hereinafter in this Act referred to as the ``Bureau'') shall not initiate or conduct any investigation that may involve the collection of information about the exercise by a United States person of first amendment rights (hereinafter in this Act referred to as an ``investigation covered by this Act''), other than in accordance with the limitations and requirements established by and under this Act. (b) Guidelines by Attorney General.--The Attorney General shall issue publicly available guidelines for investigations covered by this Act. Such guidelines shall implement this Act. SEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES. (a) Requirement of Finding by Director.-- (1) In general.--Except as provided in subsection (c), the Bureau shall not initiate an investigation covered by this Act, unless the Director of the Bureau, or the Director's designee, finds in writing that-- (A) specific and articulable facts reasonably indicate that the subject of the investigation has engaged, is engaging, or is about to engage in a Federal criminal offense; and (B) that the investigation is warranted, taking into consideration the magnitude of the suspected criminal offense, the likelihood it would occur, and the danger to privacy and the exercise of first amendment rights. (2) Citation of Law.--Such finding shall include a citation of the specific section of law establishing the criminal offense. (b) Special Rule if Organization is Target.--If such investigation is directed at an organization engaging in the exercise of rights under the first article of amendment to the Federal Constitution, such finding must also set forth specific and articulable facts reasonably indicating that all or most of the members of the organization have engaged, are engaging, or are about to engage in a Federal criminal offense. (c) Exception.--Employees of the Bureau, designated for this purpose by the Director of the Bureau, may initiate an investigation without a finding under subsection (a) if exigent circumstances so require. However, an investigation initiated under this subsection must cease not later than 7 days after the date it is initiated, unless a finding of the sort required under subsection (a) is made. SEC. 4. INVESTIGATIVE STANDARDS. (a) Least Intrusive Techniques and Minimization Procedures to be Used.--In the conduct of any investigation covered by this Act, the Bureau shall-- (1) seek to gather only information relevant to Federal criminal offenses; (2) employ the least intrusive techniques available to gather information; and (3) follow procedures to minimize the acquisition, retention, or dissemination of any information relating to the exercise of first amendment rights or individual privacy. (b) Disposition of Certain Records.--Except as provided in this subsection, the Bureau shall not disseminate or use any record, identifiable to a United States person, resulting from any investigation prohibited by this Act. The Bureau shall allow the person to which such record relates to examine that record. (c) Periodic Review of Investigations.--An Assistant Director of the Bureau shall at least once every 90 days, and the Department of Justice shall at least once every 180 days, review each open investigation covered by this Act. Such review shall assure that-- (1) there is a continuing basis for the investigation; and (2) the requirements of this section are being met with respect to such investigation. SEC. 5. CIVIL REMEDY. Any person aggrieved by a violation of this Act may in a civil action against the United States recover appropriate relief, including whichever is the greater of actual damages or $10,000. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) first amendment rights include any right protected under the first article of amendment to the Constitution of the United States; (2) the Bureau includes each agent or other person or entity acting under authority of the Bureau; and (3) the term ``United States person'' has the meaning given that term in section 1801 of title 50, United States Code. SEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGATIONS. This Act does not apply to background investigations conducted with the consent of the subject regarding-- (1) nominees to judicial and executive branch positions requiring the advice and consent of the Senate; (2) employees of the Department of Justice, or any component thereof; or (3) the granting or retention of security clearances.

Summary: Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a U.S. person of first amendment rights, except in conformance with specified procedures and standards.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Savings and Employee Notification Act of 2003''. SEC. 2. REPEAL TAX BENEFITS RELATING TO COMPANY-OWNED LIFE INSURANCE. (a) Inclusion of Life Insurance Investment Gains.--Section 72 of the Internal Revenue Code of 1986 (relating to annuities; certain proceeds of endowment and life insurance contracts) is amended by inserting after subsection (j) the following new subsection: ``(k) Treatment of Nonqualified Company-Owned Life Insurance Contracts.-- ``(1) In general.--In the case of a nonqualified company- owned life insurance contract, the income on the contract (as determined under section 7702(g)) for any taxable year shall be includible in gross income for such year. ``(2) Nonqualified company-owned life insurance contract.-- For the purposes of paragraph (1)-- ``(A) In general.--The term `nonqualified company- owned life insurance contract' means any life insurance policy or endowment contract held by any entity engaged in a trade or business. ``(B) Exceptions.--Such term shall not include-- ``(i) any policy or contract covering the life solely of individuals who are key persons (as defined in section 264(e)(3)), ``(ii) any contract which is acquired by the estate of a decedent by reason of the death of the decedent, ``(iii) any contract which is held under a plan described in section 401(a) or 403(a), under a program described in section 403(b), or under an individual retirement plan, ``(iv) any contract which is a qualified funding asset (as defined in section 130(d), but without regard to whether there is a qualified assignment), and ``(v) any contract which is purchased by an employer upon the termination of a plan described in section 401(a) or 403(a) and is held by the employer until all amounts under such contract are distributed to the employee for whom such contract was purchased or the employee's beneficiary. ``(C) Contracts held by natural persons, partnerships, and s corporations.--Rules similar to the rules of section 264(f)(5) shall apply.''. (b) Repeal of Exclusion for Death Benefits.--Section 101 of such Code (relating to certain death benefits) is amended by adding at the end the following new subsection: ``(j) Proceeds of Nonqualified Company-Owned Life Insurance.-- Notwithstanding any other provision of this section, there shall be included in gross income amounts received under a nonqualified company- owned life insurance contract (as defined in section 72(k)) to the extent that such amounts exceed the sum of-- ``(1) the income on the contract (as determined under section 7702(g)) which as been previously included in income, plus ``(2) the premiums paid (as defined in section 7702(f)(1)) under the contract. Amounts included in gross income under the preceding sentence shall be so included under section 72.''. (c) Information Reporting.--Section 6047 of such Code (relating to information relating to certain trusts and annuity plans) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Nonqualified Company-Owned Life Insurance Contracts.--The Secretary shall require the issuer of nonqualified company-owned life insurance contracts to make such returns and reports regarding such contracts (as defined in section 72(k)) to the Secretary, beneficiaries of such contracts, and such other persons as the Secretary may prescribe.''. (d) Reduction in Public Debt.--The increase in Federal receipts in the United States Treasury by reason of the amendments made by this section shall be used solely for reduction of the public debt and for such purpose the Secretary of the Treasury shall deposit an amount equal to such receipts in the account established under section 3113 of title 31, United States Code. (e) Effective Date.--The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. SEC. 3. DISCLOSURE. (a) In General.--Not later than 60 days before the date of purchase of a nonqualified company-owned life insurance contract (as defined by section 72(k) of the Internal Revenue Code of 1986) by an entity on one or more of its employees, the entity shall provide to each such employee a written disclosure that shall contain the following information: (1) A statement that the company plans to purchase such contract on the life of the employee. (2) The identity of the insurance carrier with respect to such contract. (3) The amount of the benefit under such contract. (4) The name of the beneficiary under such contract. (b) Objection to Purchase of Contract.--If such employee notifies such entity in writing before the date of purchase of such contract that the employee objects to the purchase, then the entity shall not purchase the contract. (c) Enforcement.-- (1) Unfair or deceptive act or practice.--A violation of either subsection (a) or (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Actions by the federal trade commission.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (d) Effective Date.--This section shall apply to contracts entered into after the date of the enactment of this Act. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to affect any case in controversy, or any investigation by the Secretary of the Treasury, relating to any leveraged company-owned life insurance contract entered into on or before the date of the enactment of this Act.

Summary: Taxpayer Savings and Employee Notification Act of 2003 - Amends the Internal Revenue Code to include in gross income from nonqualified company-owned life insurance contracts (as defined by this Act) income and death benefits (amounts exceeding reported income and premiums).States that violations of such provisions shall be treated as a violation of an unfair or deceptive act or practice under the Federal Trade Commission Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Children from Sexual Exploitation Act of 2005''. SEC. 2. RECORD KEEPING OF DIGITAL IMAGES. Section 2257 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting after ``videotape,'' the following: ``digital image, digitally- or computer- manipulated image of an actual human being, picture,''; and (2) in subsection (f)(4), by inserting after ``video'' the following: ``digital image, digitally- or computer-manipulated image of an actual human being, picture,''. SEC. 3. OTHER RECORD KEEPING REQUIREMENTS. Section 2257 of title 18, United States Code, is amended-- (1) in subsection (f), by-- (A) in paragraph (3), by striking ``and'' after the semicolon; (B) in paragraph (4), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c).''; and (2) by striking subsection (h) and inserting the following: ``(h) In this section-- ``(1) the term `actual sexually explicit conduct' means actual but not simulated conduct as defined in clauses (i) through (v) of section 2256(2)(A) of this title; ``(2) the term `produces'-- ``(A) means-- ``(i) actually filming, videotaping, photographing, creating a picture, digital image, or digitally- or computer-manipulated image of an actual human being; ``(ii) digitizing an image, of a visual depiction of sexually explicit conduct; or, assembling, manufacturing, publishing, duplicating, reproducing, or reissuing a book, magazine, periodical, film, videotape, digital image, or picture, or other matter intended for commercial distribution, that contains a visual depiction of sexually explicit conduct; or ``(iii) inserting on a computer site or service a digital image of, or otherwise managing the sexually explicit content, of a computer site or service that contains a visual depiction of, sexually explicit conduct; and ``(B) does not include activities that are limited to-- ``(i) photo or film processing, including digitization of previously existing visual depictions, as part of a commercial enterprise, with no other commercial interest in the sexually explicit material, printing, and video duplication; ``(ii) distribution; ``(iii) any activity, other than those activities identified in subparagraph (A), that does not involve the hiring, contracting for, managing, or otherwise arranging for the participation of the depicted performers; ``(iv) the provision of web-hosting services when the provider does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; or ``(v) the provision of an electronic communication service or remote computing service when the provider does not, and reasonably cannot, manage the sexually explicit content of the computer site or service; and ``(3) the term `performer' includes any person portrayed in a visual depiction engaging in, or assisting another person to engage in, actual sexually explicit conduct.''. SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT. (a) In General.--Chapter 110 of title 18, United States Code, is amended by inserting after section 2257 the following: ``Sec. 2257A. Record keeping requirements for simulated sexual conduct ``(a) Whoever produces any book, magazine, periodical, film, videotape, or other matter that-- ``(1) contains one or more visual depictions of simulated sexually explicit conduct; and ``(2) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction. ``(b) Any person to whom subsection (a) applies shall, with respect to every performer portrayed in a visual depiction of simulated sexually explicit conduct-- ``(1) ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations; ``(2) ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and ``(3) record in the records required by subsection (a) the information required by paragraphs (1) and (2) and such other identifying information as may be prescribed by regulation. ``(c) Any person to whom subsection (a) applies shall maintain the records required by this section at their business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times. ``(d)(1) No information or evidence obtained from records required to be created or maintained by this section shall, except as provided in this section, directly or indirectly, be used as evidence against any person with respect to any violation of law. ``(2) Paragraph (1) shall not preclude the use of such information or evidence in a prosecution or other action for a violation of this chapter or chapter 71, or for a violation of any applicable provision of law with respect to the furnishing of false information. ``(e)(1) Any person to whom subsection (a) applies shall cause to be affixed to every copy of any matter described in subsection (a)(1) in such manner and in such form as the Attorney General shall by regulations prescribe, a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located. ``(2) If the person to whom subsection (a) applies is an organization the statement required by this subsection shall include the name, title, and business address of the individual employed by such organization responsible for maintaining the records required by this section. ``(f) It shall be unlawful-- ``(1) for any person to whom subsection (a) applies to fail to create or maintain the records as required by subsections (a) and (c) or by any regulation promulgated under this section; ``(2) for any person to whom subsection (a) applies knowingly to make any false entry in or knowingly to fail to make an appropriate entry in, any record required by subsection (b) or any regulation promulgated under this section; ``(3) for any person to whom subsection (a) applies knowingly to fail to comply with the provisions of subsection (e) or any regulation promulgated pursuant to that subsection; or ``(4) for any person knowingly to sell or otherwise transfer, or offer for sale or transfer, any book, magazine, periodical, film, video, or other matter, produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce or which is intended for shipment in interstate or foreign commerce, that-- ``(A) contains one or more visual depictions made after the date of enactment of this subsection of simulated sexually explicit conduct; and ``(B) is produced in whole or in part with materials which have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce; which does not have affixed thereto, in a manner prescribed as set forth in subsection (e)(1), a statement describing where the records required by this section may be located, but such person shall have no duty to determine the accuracy of the contents of the statement or the records required to be kept; and ``(5) for any person to whom subsection (a) applies to refuse to permit the Attorney General or his or her designee to conduct an inspection under subsection (c). ``(g) As used in this section, the terms `simulated sexually explicit conduct', `produces', and `performer' have the same meaning as in section 2257(h) of this title. ``(h)(1) Whoever violates this section shall be imprisoned for not more than 1 year, and fined in accordance with the provisions of this title, or both. ``(2) Whoever violates this section in an effort to conceal a substantive offense involving the causing, transporting, permitting or offering or seeking by notice or advertisement, a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct in violation of this title, or to conceal a substantive offense that involved trafficking in material involving the sexual exploitation of a minor, including receiving, transporting, advertising, or possessing material involving the sexual exploitation of a minor with intent to traffic, in violation of this title, shall be imprisoned for not more than 5 years and fined in accordance with the provisions of this title, or both. ``(3) Whoever violates paragraph (2) after having been previously convicted of a violation punishable under that paragraph shall be imprisoned for any period of years not more than 10 years but not less than 2 years, and fined in accordance with the provisions of this title, or both.''. (b) Chapter Analysis.--The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting after the item for section 2257 the following: ``2257A. Record keeping requirements for simulated sexual conduct.''.

Summary: Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Donor Act''. SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting before section 371 the following: ``Subpart 1--National Organ Donor Registry ``SEC. 370. NATIONAL ORGAN DONOR REGISTRY. ``(a) Purposes.--The purposes of this subpart are-- ``(1) to establish procedures that will increase the number of individuals who register their intent to be organ or tissue donors and to support State efforts to provide for donor designations through State motor vehicle driver's license application processes; ``(2) to make it possible for Federal and State governments to enhance the information received by individuals regarding organ or tissue donation; ``(3) to ensure that timely and accurate information regarding an individual's wishes regarding organ and tissue donation is made available; and ``(4) to provide grants to States to establish organ and tissue donor registries through State motor vehicle driver's license application processes and linkages to the National Registry. ``(b) Definitions.--In this subpart: ``(1) Motor vehicle driver's license.--The term `motor vehicle driver's license' means any personal identification document issued by a State motor vehicle authority. ``(2) State.--The term `State' means each of the 50 States and the District of Columbia. ``(c) Establishment of Registry.-- ``(1) In general.--The Secretary shall establish and maintain a national organ and tissue donor registry (referred to in this section as the `Registry'). ``(2) Database.--The Registry shall consist of a database of information listing individuals who have expressed an intent to be organ or tissue donors. The information for each individual shall include such individual's name, address, date of birth, sex, height, and eye color, and a Registry identification number assigned by the Secretary. ``(d) Coordination With States and Organ Procurement Organizations.-- ``(1) States.-- ``(A) Initial 2-year period.--The Secretary, during the 2-year period after the date of enactment of the Motor Donor Act, shall-- ``(i) coordinate activities with States that have organ and tissue donor registries operated through a State agency to share existing data; and ``(ii) provide links between the Registry and such State agencies on an ongoing basis. ``(B) Initial 4-year period.--The Secretary, during the 4-year period after the date of enactment of the Motor Donor Act, shall coordinate activities with States to promote and encourage the establishment of organ and tissue donor registries through the motor vehicle driver's license process. ``(2) Organ procurement organizations.--The Secretary shall provide to each organ procurement organization within the United States a means by which the organization may promptly access the Registry 24-hours a day using a password assigned to the organization by the Secretary. In order to obtain such a password, each such procurement organization shall designate staff members within the organization to receive the password and to access the Registry. ``(e) Website.-- ``(1) In general.--The Secretary, not later than 3 years following the date of enactment of the Motor Donor Act, shall disseminate to all United States citizens who reside within the United States and who filed a Federal income tax return with the Internal Revenue Service during the prior year, a pamphlet that contains information about organ and tissue donations and that includes an address for a website where individuals may elect to participate in the Registry. ``(2) Notification.--Within 4 months after an individual elects to participate in the Registry through the website, the Secretary shall notify such individual concerning the individual's participation in the Registry. ``(f) Limitations.-- ``(1) Organ allocation.--Participation in the Registry shall not affect organ or tissue allocation. Standard State and national practices that determine the appropriate procurement organization for obtaining consent for an individual's organ or tissue donation shall continue to apply to such determinations. ``(2) Registry of intent.--The Registry shall be considered a registry only of an individual's intent to serve as an organ or tissue donor. Participation in the Registry shall not be deemed to be the provision of legally binding consent for organ or tissue donation except as provided by State law. ``(3) Request to cancel participation.--Individuals who elect to participate in the Registry shall have the right to cancel such participation at any time. The Secretary shall notify individuals who elect to participate in the Registry of their right to cancel such participation and the procedure for canceling such participation. The Secretary shall promptly remove from the Registry information concerning any individual who cancels participation in the Registry. ``(g) Grants to States.-- ``(1) In general.--The Secretary is authorized to award grants to States that have applications approved under paragraph (2) to enable such States to plan and implement State registries associated with the motor vehicle driver's license application process and to provide for linkages with the Registry. ``(2) Applications.-- ``(A) In general.--Each State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) State procedure.--Each application submitted under subparagraph (A) shall demonstrate how the State will establish procedures to allow an individual to make a legally binding gift regarding organ and tissue donation by application or by designation made simultaneously with an application for a motor vehicle driver's license. ``(C) Assurances.--Each application submitted under subparagraph (A) shall contain assurances that the State procedures described in subparagraph (B) will comply with the following requirements: ``(i) License application.--The State procedures shall include a process whereby each State motor vehicle driver's license application (including any renewal application) that is submitted to the appropriate State motor vehicle authority under State law provides the individual submitting the application with the option of designating the individual's intent to be an organ and tissue donor. ``(ii) Donor designation.--The State procedures shall provide that the application described in clause (i) shall contain the question, `Do you wish to have the organ donor designation in the State registry?' or, if the State agency process provides, `Do you wish to have the organ donor designation on your driver's license?'. ``(iii) Affirmative response.--The State procedures shall provide that only those individuals who answer affirmatively to the question described in clause (ii) shall have their organ donor preference noted in the State registry or, if applicable, on their motor vehicle driver's license. ``(iv) Forwarding of information.--The State procedures shall provide that the State shall forward to the Registry the names of those individuals who answer affirmatively to the question described in clause (ii), that such information shall be forwarded not later than 100 days after the date of designation, and that any change in designation or change of address information shall also be forwarded to the Registry. ``(v) Negative response.--The State procedures shall provide that the name of any individual who chooses not to have the organ donor designation included in the State registry or, if applicable, on the individual's driver's license will not be forwarded to the Registry. ``(vi) Access by organ procurement organization.--The State procedures shall provide that the information regarding an individual who answers affirmatively to the question described in clause (ii) shall be recorded in the individual's computer record with the appropriate State agency. The State agency shall provide 24-hour a day access to such donor information to organ procurement organizations, and the organ procurement organizations shall not be assessed a fee or other charge for such access. ``(3) Priority.--The Secretary shall give priority in awarding grants under this subsection to States that submit applications demonstrating that the State has collaborated with organ procurement organizations serving the State. ``(4) Limitation.--No grant awarded under this subsection to any one State shall exceed $300,000. ``(h) Advisory Task Force.-- ``(1) In general.--There is established an advisory task force on organ and tissue donation (referred to in this subsection as the `Task Force'). ``(2) Membership.-- ``(A) Members.-- ``(i) In general.--The Task Force shall consist of 5 members, who shall be appointed by the Secretary. ``(ii) Qualifications.-- ``(I) In general.--The Secretary shall appoint members of the Task Force based upon their experience with organ or tissue donations, organ procurement, or organ transplants. ``(II) Special experience.--At least 1 member of the Task Force shall be a physician with experience in performing organ transplants, and at least 1 member of the Task Force shall have experience in organ procurement. ``(B) Term.-- ``(i) In general.--Except as provided in this subparagraph, each member of the Task Force shall be appointed for a term of 3 years. Members of the Task Force may be reappointed. ``(ii) Staggered terms.--As so designated by the Secretary at the time of appointment, the terms of two of the initial members shall expire at the end of 2 years. ``(C) Vacancies.--Any vacancy in the Task Force shall not affect the Task Force's powers but shall be filled in the same manner as the original appointment. ``(3) Functions.-- ``(A) Partnership.--The Task Force shall offer to enter into a partnership with the Coalition on Donation (a national membership organization with the sole purpose of increasing organ and tissue donations) to incorporate into the Coalition's national awareness campaign an outreach and awareness campaign for the Registry. ``(B) Report.--Not later than 1 year after the date of enactment of the Motor Donor Act, the Task Force shall conduct a study concerning, and submit to the Secretary a report containing, recommendations for improving the Registry, increasing public awareness about organ and tissue donation, and improving the organ and tissue donation process. ``(4) Administration.-- ``(A) Personnel.-- ``(i) Travel expenses.--The members of the Task Force shall not receive compensation for the performance of services for the Task Force, but 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 Task Force. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Task Force. ``(ii) Detail of government employees.--Any Federal Government employee may be detailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. ``(B) Administrative support.--The Department of Health and Human Services shall provide necessary and appropriate administrative support to the Task Force. ``(5) Permanent committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. ``(i) Authorization of Appropriations.-- ``(1) In general.-- ``(A) Registry and grants.--There is authorized to be appropriated to carry out this section, other than subsection (h)(3), such sums as may be necessary for each of fiscal years 2002 through 2006. ``(B) Awareness campaign.--There is authorized to be appropriated to carry out subsection (h)(3), $3,000,000 for each of fiscal years 2002 through 2006. ``(2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. ``Subpart 2--Organ Procurement''. SEC. 3. AMENDMENT OF INTERNAL REVENUE CODE. Section 6103(m) of the Internal Revenue Code of 1986 (relating to disclosure of taxpayer identity information) is amended by adding at the end the following: ``(18) Disclosure of taxpayer identification to carry out organ donor program.-- ``(A) In general.--The Secretary may, upon written request from the Secretary of Health and Human Services, disclose to officers and employees of the Department of Health and Human Services the name and address of each individual filing a return of tax under section 6012 for the previous taxable year. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying out the requirement to contact individuals regarding the national organ and tissue donor registry under section 370(c) of the Public Health Service Act.''. SEC. 4. CONFORMING AMENDMENTS. Subpart 2 of part H of title III of the Public Health Service Act (as so designated) (42 U.S.C. 273 et seq.) is amended in sections 374(a), 374(d), 375(1), and 378, by striking ``this part'' each place it appears and inserting ``this subpart''.

Summary: Motor Donor Act - Amends the Public Health Service Act to provide for the establishment and maintenance of a national organ and tissue donor registry (the Registry) consisting of a database of information listing individuals who have expressed an intent to be organ or tissue donors. Provides for the coordination of the Registry with State and organ and tissue registries and procurement organizations. Authorizes grants to States for the planning and implementation of State registries associated with the motor vehicle driver's license application process and for linkages with the Registry. Establishes an advisory task force on organ and tissue donation.Amends the Internal Revenue Code to permit the disclosure of taxpayer identification in connection with the Registry.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Media Violence Labeling Act of 1999''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products (including labeling of such products in the advertisements for such products), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages.''. (b) Labeling of Audio and Visual Media Products.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single label which-- ``(A) takes into account the nature, context, and intensity of the depictions of violence in the product or service; and ``(B) assesses the totality of all depictions of violence in the product or service. ``(2) The label of a product or service shall specify a minimum age in years for the purchase, viewing, listening to, use, or consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include a symbol or icon, and written text; and ``(C) be identical for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the Media Violence Labeling Act of 1999, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the Media Violence Labeling Act of 1999. ``(e) Prohibition on Sale or Distribution Without Label.-- Commencing one year after the date of the enactment of the Media Violence Labeling Act of 1999, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any interactive video game product or service, video program product, motion picture product, or sound recording product unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (d) which-- ``(1) is appropriate for the nature, context, and intensity of the depictions of violence in the product or service; and ``(2) specifies an appropriate minimum age in years for purchasers and consumers of the product or service. ``(f) Prohibition on Sale in Violation of Age Restriction.-- Commencing one year after the date of the enactment of the Media Violence Labeling Act of 1999, a person may not sell in commerce an interactive video game product or service, video program product, motion picture product, or sound recording product to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (d). ``(g) Investigations of Improper Labeling.--The Federal Trade Commission shall have the authority to receive and investigate allegations that an interactive video game product or service, video program product, motion picture product, or sound recording product does not bear a label under the labeling system issued or prescribed by the Commission under subsection (d) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service.''. (c) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Any person who violates subsection (e) or (f) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an interactive video game product or service, video program product, motion picture product, or sound recording product determined to violate section 4A(e), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (d) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.

Summary: Media Violence Labeling Act of 1999 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including with regard to the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products (products) to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product to an individual whose age is less than the minimum age specified under the labeling system. Empowers the FTC to investigate allegations of violations of this Act. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Food for Healthy Families Act of 2013''. SEC. 2. LOCAL FOOD FOR HEALTHY FAMILIES PROGRAM. (a) Establishment of Program.--The Secretary of Agriculture (hereinafter in this Act referred to as the Secretary unless the context specifies otherwise) shall establish the Local Food for Healthy Families Program for the purpose of making grants to certain entities to carry out projects to provide incentives to low-income families receiving supplemental nutrition assistance program benefits to purchase fruits and vegetables. (b) Administrative Costs.--Not more than 10 percent of the funds made available to carry out this Act for a fiscal year may be used by the Secretary to administer, evaluate, and monitor this Act for such fiscal year. (c) Advisory Committee.--The Secretary shall convene an advisory committee composed of representatives of organizations that have prior experience implementing local fruit and vegetable incentive programs to advise him on the design of the Local Food for Healthy Families Program. SEC. 3. ELIGIBLE ENTITIES. (a) Applications.--Subject to subsection (b), to be eligible to receive a grant to carry out a project under this Act, the following entities may submit to the Secretary an application that contains such information and assurances, at such time and in such form, as the Secretary may require by rule: (1) Private nonprofit entities. (2) Agricultural cooperatives. (3) Producer networks or associations. (4) Community health organizations. (5) Public benefit corporations. (6) Economic development cooperatives. (7) Farmers' markets. (8) Community supported agriculture programs. (9) Buying clubs. (10) Retail food stores that participate in the supplemental nutrition assistance program. (11) State, local, or tribal agencies. (b) Required Assurance.--An application submitted under subsection (a) shall include an assurance that the applicant will impose on recipients of incentives under this Act the same terms and conditions that apply to purchases made by individuals using supplemental nutrition assistance program benefits. SEC. 4. PRIORITY. In making grants under section 2, the Secretary shall give priority to eligible entities that-- (1) are located in underserved communities, (2) provide locally produced fruits and vegetables, (3) maximize the share of funds used for direct incentives to participants, (4) use direct-to-consumer sales marketing, (5) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers, (6) develop innovative linkages between for-profit and nonprofit organizations, and (7) address other criteria as established by the Secretary. SEC. 5. MATCHING FUNDS REQUIREMENT. (a) Federal Share of Costs.--Not more than 50 percent of the cost of any project for which a grant is made under section 2 may be paid with Federal funds. (b) Non-Federal Share of Costs.--An eligible entity that applies for a grant under section 2 shall agree to provide not less than 50 percent of the cost of the project for which application is submitted from non-Federal sources, except that-- (1) an eligible entity that is a nonprofit entity may value in cash or in-kind (fairly evaluated) its share of the cost of such project, and (2) an eligible entity that is a for-profit entity may value only in cash (and may not include services of an employee, including salaries paid or expenses covered by the employer) its share of the cost of such project. SEC. 6. INDEPENDENT EVALUATIONS. The Secretary shall provide for an independent evaluation of each project for which a grant is made under this Act. Such evaluation shall-- (1) measure the impact of such project on-- (A) improving the nutrition and health status of families that participate in projects carried out under this Act, and (B) increasing the quantity of fruits and vegetables purchased by such families, and (2) use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of such project. SEC. 7. TECHNICAL ASSISTANCE AND RELATED INFORMATION. (a) Technical Assistance.--In carrying out this Act, the Secretary may provide technical assistance regarding the operation of the Local Food for Healthy Families Program to entities that request such information. (b) Sharing Information.--The Secretary may provide for sharing of information concerning the operation of the Local Food for Healthy Families Program, the operation of projects carried out under such program, and the issues arising from such program and such projects, with and among-- (1) governmental, for-profit, and nonprofit groups, and the public through publications, conferences, and other appropriate forums, and (2) researchers, practitioners, and other interested persons. SEC. 8. TREATMENT OF FUNDS. (a) In General.--The value of any incentive provided under this Act to a participating family shall not be considered income or resources for any purpose under any Federal, State, or local law. (b) No Limitation on Benefits.--A grant made available under this Act shall not be used to carry out any project that limits the use of benefits provided under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) or any other Federal nutrition law. (c) Household Allotment.--Incentives provided under this Act to families that receive supplemental nutrition assistance program benefits shall not-- (1) be considered to be part of such benefits; or (2) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022). SEC. 9. APPROPRIATION OF FUNDS. Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out the Local Food for Healthy Families Program $20,000,000 for each of the fiscal years 2014 through 2018.

Summary: Local Food for Healthy Families Act of 2013 - Directs the Secretary of Agriculture (USDA) to establish the local food for healthy families program to make grants to specified entities to provide low-income families receiving supplemental nutrition assistance program benefits (SNAP, formerly known as the food stamp program) with incentives to purchase fruits and vegetables.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2017''. SEC. 2. FINDINGS. Congress finds that-- (1) as a tool to justify Federal actions by the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Chair of the Council on Environmental Quality to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide represent the hypothetical cost of 1 incremental ton of carbon dioxide, methane, or nitrous oxide emissions in a given year; (2) the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003-- (A) guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and (B) instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States; (3) first developed in 2009 by an interagency working group that included the Department of Energy, the Environmental Protection Agency, and the Council on Environmental Quality, the estimates for the social cost of carbon, as well as the subsequently developed estimates of the social cost of methane, and the social cost of nitrous oxide fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (4) while the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon instead calculates the global benefits in lieu of, not in addition to, the domestic costs of a rule, regulation, or action; (5) the use of the estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, in the rulemakings of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality without public notice and an adequate opportunity for comment violates scientific peer review requirements; (6) the Environmental Protection Agency relied upon the social cost of methane, without appropriate peer review or opportunity for public notice and comment, in justifying the costs and benefits of the September 2015 proposed and the June 2016 finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector; (7) the Department of the Interior used the social cost of methane estimate to justify the costs and benefits of the final rule entitled ``Waste Prevention, Production Subject to Royalties, and Resource Conservation'' (81 Fed. Reg. 83008 (November 18, 2016)); (8) the Council on Environmental Quality issued final guidance on August 1, 2016, that, with respect to a monetary cost-benefit analysis for an evaluation of a proposed Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), directed the head of each Federal agency to include the social cost of carbon in any consideration of the effect of greenhouse gas emissions; (9) the regulations of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality are costing families of the United States billions of dollars each year and are justified, in large part, by the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; (10) continued use of the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality ignores sound science for the purpose of eliminating the exploration, mining, production, and use of the abundant domestic sources of fossil fuel energy of the United States; (11) Executive Order 13777 (82 Fed. Reg. 12285 (March 1, 2017)) states that the policy of the United States is to alleviate any unnecessary regulatory burden on the people of the United States; and (12) Executive Order 13783 of March 28, 2017 (82 Fed. Reg. 16093 (March 31, 2017))-- (A) disbands the interagency working group referred to in paragraph (3); (B) withdraws the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; and (C) directs Federal agencies, in monetizing the value of changes in greenhouse gas emissions as a result of a regulation, to follow the document of the Office of Management and Budget entitled ``Circular A- 4'' and dated September 17, 2003, by using the discount rates specified in that document and evaluating only the domestic effects of the regulation. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Social cost of carbon.--The term ``social cost of carbon'' means-- (A) the estimate of the social cost of carbon described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii)(I) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (3) Social cost of methane.--The term ``social cost of methane'' means-- (A) the estimate of the social cost of methane described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' (80 Fed. Reg. 56593 (September 18, 2015)); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016)); (iii) the regulatory impact analysis entitled ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'', prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (iv)(I) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year. (4) Social cost of nitrous oxide.--The term ``social cost of nitrous oxide'' means-- (A) the estimate of the social cost of nitrous oxide described in-- (i) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (ii) any other successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year. SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF METHANE, AND THE SOCIAL COST OF NITROUS OXIDE. (a) In General.--The Secretary of Energy, under any authority, the Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary of the Interior, under any authority, and the Chair of the Council on Environmental Quality, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide-- (1) as part of any cost-benefit analysis required under-- (A) any law; (B) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or (C) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review); (2) in any rulemaking; (3) in the issuance of any guidance; (4) in taking any other agency action; or (5) as a justification for any rulemaking, guidance document, or agency action. (b) Exception.--The Secretary of Energy, the Administrator, the Secretary of the Interior, and the Chair of the Council on Environmental Quality may consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide in carrying out an activity described in subsection (a) only if, after the date of enactment of this Act-- (1) a Federal law is enacted that explicitly authorizes the consideration; or (2) the Secretary of Energy, the Administrator, the Secretary of the Interior, or the Chair of the Council on Environmental Quality uses an estimate for the social cost of carbon, social cost of methane, or social cost of nitrous oxide that-- (A) complies with the requirements of the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (B) uses the discount rates of 3 and 7 percent specified in that document; (C) considers only the domestic costs and benefits of the activity; and (D) uses only-- (i) the most up to date and empirically estimated equilibrium climate sensitivity distributions; and (ii) realistic time horizons. SEC. 5. REPORT OF THE ADMINISTRATOR. Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Chair of the Council on Environmental Quality, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.

Summary: Transparency and Honesty in Energy Regulations Act of 2017 This bill prohibits the Department of Energy, the Environmental Protection Agency (EPA), the Department of the Interior, and the Council on Environmental Quality from considering the social cost of carbon, methane, or nitrous oxide as part of any cost benefit analysis in the rule making process, unless a federal law is enacted authorizing such consideration. They may also consider those social costs if they use an estimate that: (1) complies with the requirements of the Office of Management and Budget's "Circular A-4" document; (2) uses the discount rates of three and seven percent specified in that document; (3) considers only the domestic costs and benefits of the activity; and (4) uses only the most up to date and empirically estimated equilibrium climate sensitivity distributions, and realistic time horizons. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority.