SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Act of 2001''. SEC. 2. DEFINITION OF DEBT FORGIVENESS. Section 343(a)(12)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as follows: ``(B) Exceptions.--The term `debt forgiveness' does not include-- ``(i) consolidation, rescheduling, reamortization, or deferral of a loan; ``(ii) a write-down during the lifetime of the borrower that is due to a financial problem of the borrower relating to a natural disaster or a medical condition of the borrower or an immediate family member of the borrower (or, in the case of a borrower that is an entity, a principal owner of the borrower or an immediate family member of such an owner); or ``(iii) any write-down provided as a part of a resolution of a discrimination complaint against the Secretary.''. SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS. Section 373(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)) is amended to read as follows: ``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt Forgiveness.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may not make or guarantee a loan under subtitle A or B to a borrower who, on more than 2 occasions, received debt forgiveness on a loan made or guaranteed under this title. ``(2) Exceptions.--The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who-- ``(A) was restructured with a write-down under section 353; or ``(B) is current on payments under a confirmed reorganization plan under chapter 11, 12, or 13 of title 11, United States Code.''. SEC. 4. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. Section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated within such State'' and inserting ``in the first 10 months of the fiscal year may be pooled and rcated for use of socially disadvantaged farmers and ranchers in other States as determined by the Secretary, in excess of the funds otherwise allocated in accordance with this section''. SEC. 5. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS OR EMERGENCIES. (a) Direct Operating Loans.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``Subject to paragraph (3), the'' and inserting ``The''; (B) in subparagraph (B), by striking ``or''; (C) in subparagraph (C), by striking the period and inserting ``; or''; and (D) by adding at the end the following: ``(D) is operating in an area which, during the previous or current crop year-- ``(i) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(ii) has suffered from an economic emergency, as determined by the Secretary.''; and (2) by striking paragraph (3). (b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7 U.S.C. 1949(b)(2)) is amended to read as follows: ``(2) Disasters and emergencies.--A farmer or rancher shall be eligible to receive a guaranteed operating loan under this subtitle if the borrower is operating in an area which, during the preceding or current crop year-- ``(A) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(B) has suffered from an economic emergency, as determined by the Secretary.''. SEC. 6. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT. (a) In General.--Section 353(e)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``, and 50'' and inserting ``, 50 percent if the recapture occurs after 4 years and within 8 years after the restructuring, and 35''. (b) Applicability.--The amendment made by subsection (a) shall apply to shared appreciation arrangements with respect to which recapture has not occurred, regardless of whether the arrangements were entered into before, on, or after the date of the enactment of this Act. SEC. 7. TECHNICAL CORRECTION. Section 353 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001) is amended-- (1) by striking subsection (m); and (2) by redesignating subsections (n) and (o) as subsections (m) and (n), respectively.

Summary: Agricultural Credit Act of 2001 - Amends the Consolidated Farm and Rural Development Act to exclude from "debt forgiveness": (1) loan rescheduling, consolidation, deferral, or reamortization; (2) a write-down due to natural disaster or family medical condition; or (3) a write-down as part of the resolution of a discrimination complaint against the Secretary of Agriculture.Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan.Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State (currently limited to intrastate reallocation).Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency; or (2) determined to be suffering from an economic emergency.Revises (shared appreciation arrangement) recapture percentage provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Participation Pension Act of 1996''. SEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS. Part 2 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1051 et seq.) is amended by redesignating section 211 as section 212 and by inserting after section 210 (29 U.S.C. 1060) the following new section: ``continued participation in defined benefit plans for certain individuals ``Sec. 211. (a) In General.--A defined benefit plan shall provide, in accordance with this section, that each qualified beneficiary who would lose eligibility to accrue benefits under the plan as a result of a qualifying event, may elect, within the election period, continued participation under the plan. ``(b) Continued Participation.--For purposes of this section, the term `continued participation' means continued accrual of benefits by a qualified beneficiary in accordance with section 204(b)(1), if the following requirements are met: ``(1) Determination of service.--A participant shall be treated as having not incurred a break in service with the employer or employers maintaining the plan. The period of continued participation shall be deemed to constitute service with the employer or employers maintaining the plan for the purpose of determining the nonforfeitability of the qualified beneficiary's accrued benefits and for the purpose of determining the accrual of benefits. The period of continued participation shall be deemed to be service with the employer under the terms of the plan or any applicable collective bargaining agreement. ``(2) Terms of continued participation.--For purposes of determining the amount of any liability and any obligation of the plan, earnings and forfeitures shall not be included. In the case of a multiemployer plan, any liability of the plan described in this section shall be allocated-- ``(A) by the plan in such manner as the sponsor maintaining the plan shall provide; or ``(B) if the sponsor does not so provide, to the last employer employing the person before the qualifying event. ``(3) Period of continued participation.--The period of participation shall extend for the period beginning on the date of the qualifying event and ending not earlier than the earliest of the following: ``(A) Maximum required period.--The date on which the participant reaches (or would have reached) normal retirement age under the plan. ``(B) End of plan.--The date on which the employer ceases to provide any defined benefit plan to any employee. ``(C) Failure to pay contribution.--The date on which benefits cease to accrue under the plan by reason of a failure to make timely payment of any contribution required under the plan with respect to the qualified beneficiary. ``(4) Contribution requirements.-- ``(A) In general.--A qualified beneficiary electing continued participation is liable to the defined benefit plan for funding any obligation of the plan to provide the benefits described in paragraph (1). The plan shall allocate to qualified beneficiaries the amount of applicable contribution attributable to employer contributions and mandatory employee contributions under the plan, in the same manner that employer contributions and mandatory employee contributions are allocated to similarly situated beneficiaries with respect to whom a qualifying event has not occurred. The plan shall provide for benefit accruals attributable to voluntary employee contributions only to the extent such benefit accruals attributable to such contributions were available to the participant prior to the qualifying event. For purposes of computing the beneficiary's contributions, the participant shall be deemed to have received compensation during the period of continued participation, at the rate in effect prior to the occurrence of the qualifying event, as if the participant had continued in service under the plan at the rate of 1,000 hours of work during any 12-month period. ``(B) Limitation.--For any period of continued participation, the contribution made by the qualified beneficiary-- ``(i) shall not exceed 102 percent of the applicable contribution for such period, and ``(ii) may, at the election of the payor, be made in monthly installments. In no event may the plan require the payment of any contribution before the day which is 45 days after the day on which the qualified beneficiary made the initial election for continued participation. ``(c) Election Period.-- ``(1) In general.--The election period-- ``(A) begins not later than the date on which benefits accrual would, but for continued participation in accordance with the section, cease, and ``(B) is of at least 90 days' duration. ``(2) Effect of election on other beneficiaries.--Except as otherwise specified in an election, any election of continued participation by a qualified beneficiary shall be deemed to include an election of continued participation on behalf of any other qualified beneficiary who would cease to be a beneficiary under the plan by reason of the qualifying event. ``(d) Exception for Certain Plans.--Subsection (a) shall not apply to any defined benefit plan for any calendar year if all employers maintaining such plan normally employed fewer than 20 employees on a typical business day during the preceding calendar year. ``(e) Definitions.--For purposes of this section-- ``(1) Applicable contribution.--The applicable contribution for any period of continued participation of qualified beneficiaries shall be equal to the actuarial value of benefit accruals attributable to the period of continued participation, as determined under regulations of the Secretary. ``(2) Qualified beneficiary.--The term `qualified beneficiary' means any beneficiary under the plan on the day before the qualifying event, including the participant in the case of a qualifying event described in paragraph (3)(A). ``(3) Qualifying event.--The term `qualifying event' means any of the following events occurring within seven years of attainment by the participant of normal retirement age, which, but for the continued participation provided under this section, would result in the cessation of benefit accruals of a qualified beneficiary: ``(A) The termination (other than by reason of such employee's gross misconduct), or reduction of hours, of the participant's employment. ``(B) The death of the participant.''. SEC. 3. EFFECTIVE DATES. (a) General Rule.--This Act shall apply to plan years beginning on or after July 1, 1996. (b) Special Rule for Collective Bargaining Agreements.--In the case of a defined benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, this section shall not apply to plan years beginning before the later of-- (1) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (2) January 1, 2000.

Summary: Continued Participation Pension Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for continued participation under a defined benefit plan for employees who are terminated from employment within seven years of attaining normal retirement age under the plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``PTSD/TBI Guaranteed Review For Heroes Act''. SEC. 2. SPECIAL REVIEW BOARD. (a) In General.--Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section: ``Sec. 1553a. Special review board for former members with post- traumatic stress disorder or traumatic brain injury ``(a) Establishment.--(1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of a covered individual. The board shall be known as the `special review board'. ``(2) The special review board shall consist of not fewer than five members, at least one of whom shall be a health care professional from a field of medicine relevant to the matter being reviewed. ``(b) Review.--(1) Upon the request of a covered individual, Member of Congress, or the surviving spouse, next of kin, or legal representative of a covered individual, the special review board may review the discharge or dismissal of the individual. A request for review shall be made not later than 15 years after the discharge or dismissal. ``(2) The review by the special review board under paragraph (1) shall be based on-- ``(A) the records of the Armed Force concerned, including an evaluation of the actions of the covered individual before and after a deployment in support of a contingency operation; ``(B) the treatment or lack of treatment received by the covered individual for post-traumatic stress disorder or traumatic brain injury; and ``(C) such other evidence as may be presented to the board. ``(3) A covered individual who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38. ``(4) If the special review board reviews the discharge or dismissal of a covered individual, a service review agency may not review such discharge or dismissal. ``(5) If a Member of Congress requests the review of a covered individual under paragraph (1) and the special review board denies such request or does not change the discharge or dismissal of such individual under subsection (c), the special review board shall notify such Member of Congress of the decision and the rationale for such decision. ``(c) Actions.--As the result of a review of a covered individual under subsection (b), the special review board may change the discharge or dismissal of the individual to honorable. ``(d) Correction of Records.--The Secretary concerned shall correct the military records of a covered individual in accordance with a change made by the special review board under subsection (c). ``(e) Regulations.--(1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. ``(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. ``(f) Definitions.--In this section: ``(1) The term `covered individual' means a former member of the Armed Forces who-- ``(A) was deployed in support of a contingency operation; ``(B) was discharged or dismissed from the Armed Forces under a general or other than honorable condition; and ``(C) has been diagnosed by a health care professional with post-traumatic stress disorder or a traumatic brain injury. ``(2) The term `health care professional' means a physician, clinical psychologist, or psychiatrist. ``(3) The term `Member of Congress' has the meaning given that term in section 1130(d)(1) of this title. ``(4) The term `service review agency' has the meaning given that term in section 1559(c) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by inserting after the item relating to section 1553 the following new item: ``1553a. Special review board for members with post-traumatic stress disorder or traumatic brain injury.''. SEC. 3. EXAMINATION AND EVALUATION OF MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. (a) Referral to Physical Evaluation Board; Limits on Separation.-- Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(C) If a physician, clinical psychologist, psychiatrist, or other appropriate health care professional determines in an examination under this paragraph that a member who was deployed in support of a contingency operation has (or may have) post-traumatic stress disorder or a traumatic brain injury, the Secretary concerned-- ``(1) shall refer the member for evaluation by a physical evaluation board under section 1222 of this title; and ``(2) may not separate the member from an Armed Force until the Secretary considers the results of the evaluation as provided in subsection (d) of such section.''. (b) Evaluation by Physical Evaluation Board.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Evaluation for Post-Traumatic Stress Disorder or Traumatic Brain Injury.--With respect to a member who is referred under section 1145(a)(4)(C) of this title to a physical evaluation board for evaluation-- ``(1) if the board determines that the member is unfit to perform the duties of the member's office, grade, rank, or rating because of post-traumatic stress disorder or traumatic brain injury, the Secretary concerned shall retire or separate the member pursuant to this chapter; and ``(2) if the board determines that the member is fit to perform the duties of the member's office, grade, rank, or rating, the Secretary concerned shall take into account the findings of the board in the course of any separation of the member from an Armed Force.''.

Summary: PTSD/TBI Guaranteed Review for Heroes Act - Directs the Secretary of Defense to establish a special review board to review the discharge or dismissal (other than one by a sentence of a general court-martial) of a member of the Armed Forces who: (1) was deployed in support of a contingency operation; (2) was discharged or dismissed under a general or other than honorable condition; and (3) has been diagnosed by a health care professional with post-traumatic stress disorder (PTSD) or a traumatic brain injury (TBI). Authorizes the board to undertake a review upon the request of the individual, their surviving spouse, next of kin, or legal representative, or a Member of Congress. Requires a review request to be made within 15 years of a discharge or dismissal. Authorizes the board, after a review, to change the discharge or dismissal of the individual to honorable. Requires the Secretary of the military department concerned to correct the military records of the individual in accordance with such change. Requires, if an appropriate health care official determines in an examination that a member who was deployed in support of a contingency operation has (or may have) PTSD or a TBI, the Secretary concerned to: (1) refer the member for an evaluation by a physical evaluation board; and (2) not separate the member until after considering the results of the evaluation.


SECTION 1. REGULATION OF GUN SHOWS. (a) In General.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) A person shall not hold a gun show unless-- ``(A) the person is licensed to do so under this subsection; and ``(B) at least 30 days have elapsed since the person, using a form which shall be prescribed by the Secretary, has notified the Secretary and the chief law enforcement officer of the postal address and the dates and times at which the gun show is to be held. ``(2) A person desiring to be licensed to hold a gun show shall submit to the Secretary an application which-- ``(A) contains a certification by the applicant that-- ``(i) the applicant meets the requirements of subparagraphs (A) through (D) of subsection (d)(1); and ``(ii) any gun show to be conducted under the license is not prohibited by State or local law, and will be conducted in accordance with the requirements of State and local law; ``(B) contains a photograph and fingerprints of the applicant; and ``(C) is in such form as the Secretary shall by regulation prescribe. ``(3)(A) The Secretary shall approve an application submitted pursant to paragraph (2) which meets the requirements of paragraph (2). On approval of the application and payment by the applicant of such fee as the Secretary shall establish to ensure that the fees collected under this subsection are sufficient to cover the costs of issuing licenses under this subsection, the Secretary shall issue to the applicant a license which, subject to the provisions of this chapter and other applicable provisions of law, entitles the licensee to hold gun shows in interstate or foreign commerce during the 3-year period that begins with the date the license is issued. ``(B) The Secretary shall approve or deny an application submitted under paragraph (2) within 60 days after the Secretary receives the application. If the Secretary fails to so act within such period, the applicant may bring an action under section 1361 of title 28 to compel the Secretary to so act. ``(4)(A) Before a person not licensed under this section transfers a firearm at a gun show-- ``(i) the person shall provide to the holder of the gun show written notice of-- ``(I) the name, age, and address of the person and of the prospective transferee (or, in the case of a party who is a corporation or other business entity, the identity and principal and local places of business of such party); ``(II) the serial number, make, and model of the firearm; and ``(III) the date and location of the transfer; and ``(ii) the holder of a gun show shall comply with the requirements imposed on licensed dealers by section 922(t) and subsections (g)(1)(A) and (g)(3)(A) of this section with respect to the transfer. ``(B) Within 30 days after the end of a gun show for which a license is issued under this subsection, the licensee shall deliver to the Secretary all records or documents which the licensee collected pursuant to subparagraph (A) during the gun show. ``(5) For purposes of this subsection, the term `gun show' means an event or function that is-- ``(A) sponsored by-- ``(i) a national, State, or local organization devoted to the collection, competitive use, or other sporting use of firearms; or ``(ii) an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community; and ``(B) held at a location-- ``(i) which is not specified in any license issued under subsection (b) or (c); ``(ii) at which a firearm is offered for sale or transfer; and ``(iii) at which 50 or more firearms are present, 1 or more of which has been shipped or tranported in interstate or foreign commerce.''. (b) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7)(A) Whoever knowingly violates section 923(m)(1) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subparagraph (A)(i) or (B) of section 923(m)(4) shall be fined under this title, imprisoned not more than 1 year, or both. ``(C) Whoever violates section 923(m)(4)(A)(ii) by knowingly failing to comply with a provision of law specified in such section shall be punished as otherwise provided under this section for knowingly violating the provision of law.''. (c) Effective Date.--The amendments made by this section shall apply to conduct engaged in after the 1-year period that begins with the date of the enactment of this Act.

Summary: Amends the Federal criminal code to prohibit a person from holding a gun show unless such person is licensed to do so and at least 30 days have elapsed since the person has notified the Secretary of the Treasury and the chief law enforcement officer of the postal address and the dates and times at which the show is to be held. Sets forth provisions regarding license application requirements, fees, and application approval or denial procedures. Requires that before an unlicensed person transfers a firearm at a gun show, such person shall provide to the holder of the show written notice of: (1) the name, age, and address of such person and of the transferee; (2) the serial number, make, and model of the firearm; and (3) the date and location of the transfer. Requires the holder of the show to: (1) comply with requirements imposed on firearms dealers with respect to firearm transfers; and (2) deliver show records to the Secretary within 30 days after the show. Sets forth penalties for violations of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Obamacare Marriage Penalty Elimination Act''. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN HEALTH INSURANCE PREMIUM TAX CREDIT. (a) In General.--Section 36B(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Elimination of marriage penalty.--In the case of a joint return-- ``(A) Credit determined separately with respect to each spouse.--The credit allowed under this section shall be sum of the two credits determined under this section separately with respect to each spouse (as provided under this subparagraph). ``(B) Treatment of income of spouses.-- ``(i) In general.--Except as provided in clause (ii), each spouse shall take into account the income of such spouse for purposes of this section. ``(ii) Income split not to result in ineligibility for credit for either spouse.-- If-- ``(I) the poverty line with respect to a spouse (determined after application of this paragraph but without regard to this clause) exceeds the income taken into account by such spouse for purposes of this section (as so determined), and ``(II) the income taken into account by the other spouse for purposes of this section (as so determined) exceeds the sum of the poverty line with respect to such other spouse (as so determined) plus the excess described in subclause (I), the excess described in subclause (I) shall be taken into account as income of the spouse referred to in subclause (I) and not as income of the spouse referred to in subclause (II). ``(C) Treatment of dependents.-- ``(i) In general.--Except as provided in clause (ii), dependents of the taxpayer shall be allocated between the two spouses at the election of the taxpayer. For purposes of determining the family size involved and household income with respect to each spouse, only such spouse and the dependents allocated to such spouse under this subparagraph shall be taken into account ``(ii) Limitation on taxpayer allocation.-- The number of dependents allocated to a spouse under clause (i) cannot exceed the number of dependents allocated to the other spouse by more than 1 dependent. ``(D) Treatment of premiums.--To the extent that the amount of any monthly premium is determined separately with respect to either spouse or any dependent of the taxpayer, such premium shall be taken into account by such spouse or the spouse to which such dependent is allocated under subparagraph (C). In the case of any monthly premium which is not so separately determined, such premium may be allocated between the two spouses at the election of the taxpayer.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. REDUCTION IN POVERTY LINE ELIGIBILITY LIMITATION FOR HEALTH INSURANCE PREMIUM TAX CREDIT. (a) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Section 36B(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``400 percent'' and inserting ``the applicable percentage''. (2) Applicable percentage.--Section 36B(c)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Applicable percentage.--The term `applicable percentage' means such percentage as the Secretary, after consultation with the Secretary of Health and Human Services, determines will result in a combination of increased Federal revenues and reduced Federal outlays which is equal to the combination of reduced Federal revenues and increased Federal outlays as a result of the amendments made by section 2 of the Obamacare Marriage Penalty Elimination Act.''. (3) Conforming amendments.-- (A) Section 36B(b)(3)(A)(i) of such Code is amended by inserting ``and subsection (c)(1)(A)'' after ``Except as provided in clause (ii)''. (B) Section 36B(f)(2)(B)(i) of such Code is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in subsection (c)(1)(B))''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2015. (b) Amendments to the Patient Protection and Affordable Care Act.-- (1) In general.--Section 1402(b)(2) of the Patient Protection and Affordable Care Act is amended by striking ``400 percent'' and inserting ``the applicable percentage (as defined in section 36B(c)(1)(B) of the Internal Revenue Code of 1986)''. (2) Conforming amendments.-- (A) Section 1402(c)(1)(A) of such Act is amended by striking ``The reduction'' and inserting ``Except as provided in subsection (b)(2), the reduction''. (B) Section 1402(c)(1)(B)(i) of such Act is amended by striking ``The Secretary'' and inserting ``Except as provided in subsection (b)(2), the Secretary''. (3) Effective date.--The amendments made by this subsection shall apply to months beginning after December 31, 2015.

Summary: Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thus preventing the tax effect known as the marriage penalty; and (2) replace the 400% poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Travelling Sales Crew Protection Act''. SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO CERTAIN OUTSIDE SALESMEN. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended by adding at the end the following: ``(k) For purposes of subsection (a)(1), and notwithstanding any other provision of law, the term `outside salesman' does not include any individual employed in the position of a salesman, if the individual travels with a group of salespeople, including a supervisor, team leader or crew leader, and the employees in the group do not return to their permanent residences at the end of the work day.''. (b) Limitation on Child Labor.--Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following: ``(e) No individual under 18 years of age may be employed in a position requiring the individual to engage in door-to-door sales or in related support work in a manner that requires the individual to remain away from the individual's permanent residence for more than 24 hours.''. SEC. 3. PROTECTION OF TRAVELLING SALES CREWS. (a) Travelling Sales Crew Worker Defined.--(1) Except as provided in paragraph (2), the term ``travelling sales crew worker'' means an individual who-- (A) is employed as a salesperson or in related support work; (B) travels with a group of salespersons, including a supervisor; and (C) is required to be absent overnight from his or her permanent place of residence.-- (2) Such term does not include-- (D) any individual who meets the requirements of subparagraph (A) if such individual is travelling to a trade show or convention; or (E) any immediate family member of a travelling sales crew employer. (b) Secretary to Prescribe Rules.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor (hereinafter in this Act, the ``Secretary'') shall prescribe rules governing the protection of travelling sales crews. Such rules shall contain the following requirements: (1) Registration.--Each employer or supervisor of a travelling sales crew worker must obtain a certificate of registration from the Secretary. The Secretary shall prescribe the manner of application and the standards for issuance for such a certificate, including a reasonable fee for such application. (2) Employer requirements.--An employer of travelling sales crew workers must carry out the following duties, in accordance with the rules prescribed by the Secretary: (A) Disclosure of conditions of employment.--The employer must disclose to each travelling sales crew worker employed by such employer, in writing, information related to such worker's conditions of employment, including the rate of pay, applicable pay period, duration of employment, and whether the employer provides workers' compensation insurance coverage for the worker. (B) Payment of wages, recordkeeping.--For each pay period, the employer must-- (i) pay to each travelling sales crew worker employed by such employer wages owed such worker when due; (ii) make such payment in United States currency or by negotiable instrument; and (iii) provide a written statement to each travelling sales crew worker employed by such employer, and maintain records (which must be kept for at least 3 years), relating to the earnings of (and any withholdings of earnings from) each such worker. (C) Employer payment of employee business expenses.--Other than a deduction from wages for the actual cost to the employer of any board, lodging, or other facilities provided by the employer to a travelling sales crew worker employed by such employer, the employer may not require the worker-- (i) to purchase any goods or services solely from the employer; or (ii) to pay for any of the employer's business expenses. (D) Vehicle insurance.--The employer must maintain liability insurance coverage in compliance with any applicable State law and sufficient (as determined by the Secretary) to protect any travelling sales crew workers transported in such a vehicle and to ensure against liability to other persons and property arising from the use of such vehicle for such purpose, except that if the Secretary determines that such workers are covered under an applicable workers' compensation insurance policy provided by the employer, additional vehicle insurance covering such workers may be waived by the Secretary. (E) Transportation safety.--The employer must maintain any motor vehicle used to transport a travelling sales crew worker employed by such employer in compliance with any applicable Federal, State, or local vehicle safety standards and with any additional safety rules prescribed by the Secretary. (F) Housing safety.--The employer must maintain any lodging owned or controlled by the employer in compliance with any applicable Federal, State, or local housing, sanitation, health, building, or other safety standards and with any additional safety rules prescribed by the Secretary. (G) Prohibition on discrimination.--An employer, or an agent of the employer, may not intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any travelling sales crew worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or because of the exercise, with just cause, by such worker on behalf of the worker or others of any right or protection afforded by this Act. SEC. 4. ENFORCEMENT. (a) Criminal Sanctions.--An employer that willfully and knowingly violates a rule prescribed under this Act shall be imprisoned for not more than one year or fined not more than $10,000, or both. Upon conviction for a subsequent violation of a rule prescribed under this Act, an employer shall be imprisoned for not more than 3 years or fined not more than $50,000, or both. (b) Civil Penalty.--An employer that violates a rule prescribed under this Act shall be liable to the United States for a civil penalty of not more than $10,000 for each such violation. The Secretary may assess and collect such civil penalty after a determination, made on the record after opportunity for an agency hearing, of-- (1) liability for such violation; and (2) the appropriate amount of the penalty, based on the previous compliance record of the employer and the gravity of the violation. (c) Administrative Actions.--The Secretary shall prescribe rules providing a procedure for an aggrieved travelling sales crew worker to file an administrative complaint with the Secretary, which the Secretary shall investigate and follow up with any appropriate enforcement action against the employer of such worker, including referral to the Attorney General of such employer for criminal sanctions under subsection (a), the imposition by the Secretary of a civil penalty under subsection (b), or the filing of a civil action on behalf of such worker to enjoin such employer under subsection (d). (d) Civil Action.--Any person aggrieved by a violation of a rule prescribed under this Act (or the Secretary, on behalf of any such person) may bring, in an appropriate United States district court (without regard to the amount in controversy, the citizenship of the parties, or the exhaustion of administrative remedies), a civil action-- (1) to enjoin such violation; (2) to recover the greater of-- (A) actual damages; or (B) not more than $1,000 for each such violation for each plaintiff (which may not exceed $1,000,000 for all plaintiffs in a class); and (3) for other equitable relief; and (4) to recover the costs of the litigation and a reasonable attorney fee.

Summary: Traveling Sales Crew Protection Act - Amends the Fair Labor Standards Act of 1938 to: (1) exclude from an exemption from minimum wage and overtime requirements (thus applying such requirements to) employee members of traveling sales crews who do not return to their permanent residences at the end of the workday; and (2) prohibit minors from being employed in door-to-door sales or related support work requiring them to remain away from their permanent residences for more than 24 hours.Requires certificates of registration for employers and supervisors of traveling sales crews operations. Sets forth various obligations of employers of traveling sales crew workers. Directs the Secretary of Labor to: (1) administer such registration system; and (2) promulgate safety and health standards for vehicles used to transport traveling sales crew members. Sets forth enforcement provisions, including criminal sanctions, civil penalties, administrative complaints, and private rights of action.


SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA, IDAHO. (a) Definitions.--In this section: (1) Conservation area.--The term ``Conservation Area'' means the Morley Nelson Snake River Birds of Prey National Conservation Area. (2) Gateway west.--The term ``Gateway West'' means the high-voltage transmission line project in Idaho and Wyoming jointly proposed by the entities Idaho Power Company, incorporated in the State of Idaho, and Rocky Mountain Power, a division of PacifiCorp, an Oregon Corporation. (3) Map.--The term ``map'' means the map titled ``Proposed Snake River Birds of Prey NCA Boundary Adjustment'' and dated October 13, 2016. (4) Sage-grouse species.--The term ``sage-grouse species'' means the greater sage-grouse (Centrocercus urophasianus) (including all distinct population segments). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Areas To Be Added to and Removed From Morley Nelson Snake River Birds of Prey National Conservation Area.--The boundary of the Conservation Area is hereby modified-- (1) to include-- (A) the approximately 4726 acres of land generally depicted as ``BLM Administered Lands'' on the map, to the extent such lands are part of the Lower Saylor Creek Allotment those lands would continue to be managed by the BLM Jarbidge Field Office until terms of the No. CV-04-181-S-BLW Stipulated Settlement Agreement are fully met, after which the lands would be managed by the Morley Nelson Snake River Birds of Prey National Conservation Area office; and (B) the approximately 86 acres of land generally depicted as ``BOR Administered Lands'' on the map; and (2) to exclude-- (A) the approximately 761 acres land generally depicted as ``Segment 8 Revised Proposed Route'' on the map, including 125 feet on either side of the center line of the Gateway West Transmission line, the Gateway West Transmission Line shall be sited so that the center line of Segment 8 is no more than 500 feet from the center line of the existing Summer Lake Transmission Line as described in the Summer Lake Transmission Line Right of Way Grant per FLPMA, IDI- 008875; and (B) the approximately 1,845 acres land generally depicted as ``Segment 9 Revised Proposed Route'' on the map including 125 feet on either side of the center line of the Gateway West Transmission line. (c) Right-of-Way and Conditions.-- (1) Right-of-way.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this section, the Secretary shall issue to Gateway West a right-of-way for the lands described in subsection (b)(2) to be used for the construction and maintenance of transmission lines, including access roads and activities related to fire prevention and suppression. The right-of-way issued under this paragraph shall contain the conditions described in subsection (c)(2), and be in alignment with the revised proposed routes for segments 8 and 9 identified as Alternative 1 in the Supplementary Final Environmental Impact Analysis released October 5, 2016. (2) Conditions.--The conditions that the Secretary shall include in the right-of-way described in paragraph (1) shall be in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765) and are as follows: (A) Mitigation.--During the time of construction of each respective line segment, Gateway West shall mitigate for the impacts related to the transmission lines in accordance with the Compensatory Mitigation and Enhancement framework described in the final Supplemental Environmental Impact Statement with the stipulation that Compensatory Mitigation and Enhancement costs shall not exceed $8,543,440. (B) Conservation.--Gateway West shall contribute $2,000 per acre of right-of-way in the Conservation Area during the time of construction of Segment 8 Revised Proposed Route (comprising 761 acres) and during the construction of Segment 9 Revised Proposed Route (comprising 1,845 acres) to the Bureau of Land Management Foundation that shall be used for the purpose of conservation, including enhancing National Landscape Conservation System Units in Idaho, also known as National Conservation Lands. (C) Costs.--Gateway West shall pay all costs associated with the boundary modification, including the costs of any surveys, recording costs, and other reasonable costs. (D) Other.--Standard terms and conditions in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765). (d) Administration.--The Secretary shall-- (1) administer the lands described in subsection (b)(1) as part of the Conservation Area in accordance with Public Law 103-64 and as part of the National Landscape Conservation System; and (2) continue to administer lands described in subsection (b)(2), but as lands that are not included in a Conservation Area or subject to Public Law 103-64. (e) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the approximately 86 acres of land depicted as ``BOR Administered Lands'' on the map is hereby transferred from the Bureau of Reclamation to the Bureau of Land Management. (f) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (g) Management Plan Amendment.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall amend the management plan for the Conservation Area to address the long-term management of the lands described in subsection (b)(1) in order to-- (1) determine appropriate management activities and uses of the lands described in subsection (b)(1) consistent with Public Law 103-64 and this section; (2) continue managing the grazing of livestock on the lands described in subsection (b)(1) in which grazing is established as of the date of the enactment of this section such that the grazing shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; (3) allow motorized access on roads existing on the lands described in subsection (b)(1) on the date of the enactment of this section, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; and (4) allow hunting and fishing on the lands described in subsection (b)(1) consistent with applicable laws and regulations. SEC. 2. COTTEREL WIND POWER PROJECT. The approximately 203 acres of Federal land identified as ``Project Area'' on the map titled ``Cotterel Wind Power Project'' and dated March 1, 2006, may not be used for the production of electricity from wind. SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION. The Secretary of the Interior shall-- (1) establish a Bureau of Land Management Foundation as a charitable and nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986; and (2) grant to such Foundation the same authorities granted to the National Park Foundation for its activities to benefit the National Park Service under subchapter II of chapter 1011 of title 54, United States Code, for the purpose of providing opportunities for the Bureau of Land Management to address a variety of specific challenges that could be better addressed with the support of a foundation, including-- (A) reclamation of legacy wells, contaminated native lands, and abandoned mine land sites; (B) sustainable management of wild horses and burros; (C) expanded scientific understanding of responsible development techniques; (D) voluntary conservation activities; and (E) proper identification and cataloging of cultural and historical treasure on public lands.

Summary: This bill modifies the boundary of the Morley Nelson Snake River Birds of Prey National Conservation Area in Idaho to: (1) include specified Bureau of Land Management (BLM) administered land and certain Bureau of Reclamation administered land, and (2) exclude specified lands identified as the Segment 8 Revised Proposed Route and as the Segment 9 Revised Proposed Route. The Department of the Interior shall issue to Gateway West (a high-voltage transmission line project in Idaho and Wyoming) a right-of-way for such proposed routes, which is to be used for the construction and maintenance of transmission lines and for access roads and activities related to fire prevention and suppression, subject to construction mitigation and conservation requirements. Interior shall: (1) administer the BLM and Reclamation administered lands as part of the National Landscape Conservation System, and (2) continue to administer the proposed route lands as lands that are not included in the conservation area. The bill transfers from Reclamation to the BLM administrative jurisdiction over the Reclamation administered lands. Interior shall amend the management plan for the conservation area in order to address the long-term management of the BLM and Reclamation administered lands, including for livestock grazing, hunting, fishing, and motorized access. Specified federal land in the Cotterel Wind Power Project area may not be used for producing electricity from wind. Interior shall establish a Bureau of Land Management Foundation and grant it the same authorities granted to the National Park Foundation for National Park Service activities, for the purpose of providing opportunities for the BLM to address specific challenges that may be better addressed with the support of a foundation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Mountain Land Conveyance Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled ``Canyon Mountain Land Conveyance'', and dated June 27, 2013. (2) Planning area.--The term ``planning area'' means land-- (A) administered by the Director of the Bureau of Land Management; and (B) located in-- (i) the Coos Bay District; (ii) the Eugene District; (iii) the Medford District; (iv) the Roseburg District; (v) the Salem District; and (vi) the Klamath Falls Resource Area of the Lakeview District. (3) Definition of public domain land.-- (A) In general.--In this subsection, the term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusion.--The term ``public domain land'' does not include any land managed in accordance with the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Cow Creek Band of Umpqua Tribe of Indians. SEC. 3. CONVEYANCE. (a) In General.--Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal land, including oil and gas, shall be-- (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Federal land with-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and Effect.--The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public Availability.--The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. SEC. 5. ADMINISTRATION. (a) In General.--Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions.-- (1) Exports of unprocessed logs.--Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Federal land. (2) Non-permissible use of land.--Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100-497 (25 U.S.C. 2701 et seq.). SEC. 6. FOREST MANAGEMENT. Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws. SEC. 7. LAND RECLASSIFICATION. (a) Identification of Oregon and California Railroad Land.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any land owned by the Oregon and California Railroad that is conveyed under section 3. (b) Identification of Public Domain Land.--Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land that-- (1) is approximately equal in acreage and condition as the land identified under subsection (a); and (2) is located within the planning area. (c) Maps.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification.-- (1) In general.--After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as land owned by the Oregon and California Railroad. (2) Applicability.--The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land reclassified as land owned by the Oregon and California Railroad under paragraph (1)(B).

Summary: Canyon Mountain Land Conveyance Act of 2013 - Holds in trust for the Cow Creek Band of Umpqua Tribe of Indians (Tribe) all right, title, and interest of the United States in and to approximately 17,826 acres of federal land generally depicted on the map entitled "Canyon Mountain Land Conveyance," dated June 27, 2013. Makes that land part of the Tribe's reservation. Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from the federal land conveyed to the Tribe. Prohibits gaming on those lands. Directs the Secretary of the Interior to convey to the Oregon and California Railroad public domain land that is located within a specified planning area and is approximately equal in acreage and condition to Railroad land that this Act conveys to the Tribe.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Treatment for Pregnant and Postpartum Women Act of 2016''. SEC. 2. REAUTHORIZATION OF RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND POSTPARTUM WOMEN. Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in subsection (p), in the first sentence, by inserting ``(other than subsection (r))'' after ``section''; and (2) in subsection (r), by striking ``such sums'' and all that follows through ``2003'' and inserting ``$16,900,000 for each of fiscal years 2017 through 2021''. SEC. 3. PILOT PROGRAM GRANTS FOR STATE SUBSTANCE ABUSE AGENCIES. (a) In General.--Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) by redesignating subsection (r), as amended by section 2, as subsection (s); and (2) by inserting after subsection (q) the following new subsection: ``(r) Pilot Program for State Substance Abuse Agencies.-- ``(1) In general.--From amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies to-- ``(A) enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; ``(B) help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential based settings; and ``(C) promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery. ``(2) Requirements.--In carrying out the pilot program under this subsection, the Director shall-- ``(A) require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program; ``(B) identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants; ``(C) require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders; ``(D) not require that services furnished through such a grant be provided solely to women that reside in facilities; ``(E) not require that grant recipients under the program make available through use of the grant all services described in subsection (d); and ``(F) consider not applying requirements described in paragraphs (1) and (2) of subsection (f) to applicants, depending on the circumstances of the applicant. ``(3) Required services.-- ``(A) In general.--The Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set-- ``(i) shall include requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and ``(ii) may be selected from among the services described in subsection (d) and include other services as appropriate. ``(B) Stakeholder input.--The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A). ``(4) Duration.--The pilot program under this subsection shall not exceed 5 years. ``(5) Evaluation and report to congress.--The Director of the Center for Behavioral Health Statistics and Quality shall fund an evaluation of the pilot program at the conclusion of the first grant cycle funded by the pilot program. The Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment shall submit to the relevant committees of jurisdiction of the House of Representatives and the Senate a report on such evaluation. The report shall include at a minimum outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs; engagement in treatment services; retention in the appropriate level and duration of services; increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and other appropriate measures. ``(6) State substance abuse agencies defined.--For purposes of this subsection, the term `State substance abuse agency' means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of title XIX.''. (b) Funding.--Subsection (s) of section 508 of the Public Health Service Act (42 U.S.C. 290bb-1), as amended by section 2 and redesignated by subsection (a), is further amended by adding at the end the following new sentence: ``Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.''. SEC. 4. CUT-GO COMPLIANCE. Subsection (f) of section 319D of the Public Health Service Act (42 U.S.C. 247d-4) is amended by striking ``through 2018'' and inserting ``through 2016, $133,300,000 for fiscal year 2017, and $138,300,000 for fiscal year 2018''. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: (This measure has not been amended since it was reported to the House on May 10, 2016. Improving Treatment for Pregnant and Postpartum Women Act of 2016 (Sec. 2) This bill amends the Public Health Service Act to extend support for residential substance abuse treatment programs for pregnant and postpartum women through FY2021. (Sec. 3) The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder, including opioid use disorders (opioids are drugs with effects similar to opium, such as heroin and certain pain medications). The Center for Behavioral Health Statistics and Quality must fund an evaluation of the pilot program. (Sec. 4) As an offset, the bill reduces the authorization of appropriations for Centers for Disease Control and Prevention facilities for FY2017.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016'' or the ``EMPLEO Act''. SEC. 2. FEDERAL MINIMUM WAGE REQUIREMENT FOR ELIGIBLE PUERTO RICO EMPLOYEES. Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) if such employee is an eligible Puerto Rico employee, as defined in section 6433(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6433 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);''. SEC. 3. WAGE SUBSIDY FOR PUERTO RICO WORKERS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. WAGE SUBSIDY FOR PUERTO RICO WORKERS. ``(a) In General.--In the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment. ``(b) Participating Employer.-- ``(1) In general.--For purposes of this section, the term `participating employer' means an employer which-- ``(A) elects the application of this section, ``(B) makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer, ``(C) provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and ``(D) in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period. ``(2) Information required.--The information required under this paragraph is the following: ``(A) An estimate of the number of workers who will be employed by the participating employer for the applicable period. ``(B) An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period. ``(C) An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment). ``(D) An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period. ``(3) Failure to make subsidy payments.--For purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment. ``(c) Eligible Puerto Rico Employee.--For purposes of this section, the term `eligible Puerto Rico employee' means, with respect to any calendar year, any individual who-- ``(1) is a citizen of the United States, ``(2) has a social security number issued to the individual by the Social Security Administration, and ``(3) certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months. ``(d) Qualified Wage Subsidy Payment.--For purposes of this section-- ``(1) In general.--The term `qualified wage subsidy payment' means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of-- ``(A) the median hourly wage for Puerto Rico, over ``(B) the hourly wage paid to the eligible Puerto Rico employee. ``(2) Median hourly wage for puerto rico.--For purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is-- ``(A) $10 for calendar years 2017 and 2018, and ``(B) for any calendar year beginning after 2018, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year. ``(3) Determination of hourly wage.--For purposes of paragraph (1)(B)-- ``(A) In general.--The hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section. ``(B) Period.--Each hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period. ``(C) Salaried employees.--In the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080. ``(e) Payroll Taxes.--For purposes of this section, the term `payroll taxes' means-- ``(1) amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and ``(2) amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes). ``(f) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable period.--For purposes of this section, the term `applicable period' means-- ``(A) except as provided in subparagraph (B), a calendar quarter, and ``(B) in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations. ``(2) Wage subsidy payments in excess of payroll tax liability.--To the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes. ``(g) Advanced Payments for Certain Participating Employers.-- ``(1) In general.--In the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of-- ``(A) the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds ``(B) the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period. ``(2) Treatment of payments.--For purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter.''. (b) Social Security Trust Funds Held Harmless.--In determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6433 of the Internal Revenue Code of 1986 shall not be taken into account. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by striking ``or 6431'' and inserting ``6431, or 6433''. (2) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6433. Wage subsidy for Puerto Rico workers.''. (d) Other Provisions.-- (1) Reporting of wage subsidy information.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by inserting after paragraph (14) the following new paragraph: ``(15) in the case of an eligible Puerto Rico employee (as defined in section 6433), the amount of any qualified wage subsidy payment paid to such employee.''. (2) Penalty for failure to provide information to employees.--Section 6652 of such Code is amended by adding at the end the following new subsection: ``(o) Failure To Report Wage Subsidy Information to Employees.--In the case of a failure to provide the information required under section 6433(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting `$100' for `$50'.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid after December 31, 2016.

Summary: Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2016 or the EMPLEO Act This bill amends the Fair Labor Standards Act of 1938 to require every employer to pay to each of his or her eligible Puerto Rican employees who in any workweek are engaged in commerce and who receive qualified wage subsidy payments minimum wages of $5.00 an hour, determined without regard to those wage subsidy payments. The bill amends the Internal Revenue Code to treat certain employers who make qualified wage subsidy payments to eligible Puerto Rico employees as having paid payroll taxes in an amount equal to the wage subsidy payment. An “eligible Puerto Rico employee” is any individual who: (1) is a U.S. citizen, (2) has a Social Security number, and (3) certifies to the employer that he or she is a resident of Puerto Rico and intends to remain a resident for at least the next six months. A “qualified wage subsidy payment” is a payment equal to 50% of the excess (if any) of: (1) the median hourly wage for Puerto Rico ($10 for 2017 and 2018), over (2) the hourly wage paid to the eligible Puerto Rico employee. The bill sets forth reporting requirements for participating employers and requirements for determining the median hourly wage for Puerto Rico after 2018.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Jamming Prevention Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The most fundamental right accorded to United States citizens by the Constitution is the right to vote, and unimpeded exercise of the right to vote is essential to the functioning of our democracy. (2) Historically, significant efforts have been undertaken to prevent qualified individuals from exercising this right. (3) Poll taxes, property requirements, and literacy tests were once used to restrict voters' access to the polls. Now, efforts like deceptive practices, intimidation, and dirty tricks are used to impede qualified voters' exercise of their right to vote, to prevent voters from making informed decisions as to how to cast that vote, and to prevent candidates, parties, and organizations from engaging in constitutionally protected political speech. (4) In recent elections, there have been allegations of political campaigns and committees using telephone jamming techniques to shut down the communication operations of groups supporting their political opponents. (5) In November 2002, according to the Department of Justice, groups working on behalf of the Republican candidates in New Hampshire conspired to shut down Democratic get-out-the- vote efforts by placing hang-up calls to the phones of the Manchester Democratic Party and the Manchester Professional Firefighters Association, which were providing qualified voters rides to the election polling places. Several people have pled guilty or been convicted in connection with the incident. (6) As a result of the hang-up call effort, the phone lines of the Manchester Democratic Party and the Manchester Professional Firefighters Association were jammed on election day 2002 and qualified voters were unable to access information that would have facilitated their access to polling places. (7) The use of telephones or other communication devices to jam election-related communications should be prohibited in order to protect qualified voters' right to vote. SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS DEVICES. (a) Prohibition.-- (1) In general.--Subparagraph (C) of section 223(a)(1) of the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is amended by striking ``with the intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;'' and inserting ``with the intent to-- ``(i) annoy, abuse, threaten, or harass any person at the called number or who receives the communications; ``(ii) prevent or obstruct the broadcast or exchange of election-related information; or ``(iii) impair or obstruct any other telecommunications device from being used to engage in communications containing election- related information;''. (2) Election-related information.--Subsection (h) of section 223 of the Communications Act of 1934 (47 U.S.C. 223(h)) is amended by adding at the end the following new paragraph: ``(5) The term `election-related information' means information related to-- ``(A) the endorsement, support, promotion of, or opposition to any clearly identified candidate or slate of candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession; ``(B) the time, place, or manner for the election of such offices; or ``(C) the facilitation of transport to or from polling places for any such election.''. (b) Private Right of Action.--Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended by adding at the end the following new subsection: ``(i) Private Right of Action for Injunctive or Declarative Relief Against Certain Actions.--Any person aggrieved by a violation of subsection (a)(1)(C) may bring a civil action or other proper proceeding for injunctive or declarative relief in any court of competent jurisdiction, including an application in a United States district court.''.

Summary: Election Jamming Prevention Act of 2006 - Amends the Communications Act of 1934 to prohibit the use of telecommunications devices to: (1) prevent or obstruct the broadcast or exchange of election-related information; or (2) impair or obstruct any other telecommunications device from being used to engage in communications containing election-related information. Defines "election-related information." Provides a private right of action for injunctive or declarative relief against such violations (including a violation of the existing prohibition on annoying, abusing, threatening, or harassing any person at the called number or who receives the communications).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Assurance for Retired Employees Act of 1996''. SEC. 2. ADVANCE NOTICE OF MATERIAL REDUCTIONS IN COVERED SERVICES UNDER GROUP HEALTH PLANS. (a) Advance Notice.-- (1) In general.--Section 104(b)(1) of the Employee Retirement Income Security Act of 1974 (as amended by section 101(c)(1)(B) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by striking ``(1) The administrator'' and inserting ``(1)(A) The administrator''; (C) by striking ``The administrator'' the second place it appears and inserting the following: ``(B) The administrator''; (D) by striking ``If there is a modification'' and inserting the following: ``(C) If there is a modification''; and (E) by adding at the end the following new subparagraph: ``(D) Notwithstanding subparagraph (C), a modification or change described in section 102(a)(1) in covered services or benefits provided in the case of a group health plan (as defined in section 706(a)(1))) relating to retiree health benefits, a summary description of such modification or change shall be furnished to participants and beneficiaries not later than 180 days before the effective date of the modification or change. In any case in which an individual first becomes a participant under a group health plan during any such 180-day period with respect to such a modification or change or (in the case of any other beneficiary under the plan) first receives benefits under the plan during such 180-day period, the requirements of the preceding sentence may be met by providing the summary description of such modification or change not later than the date on which such individual first becomes a participant or such other beneficiary first receives benefits under the plan.''. (2) Determination by Secretary.--Section 104 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024) is further amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) A change or modification in covered services or benefits provided in the case of a group health plan relating to retiree health benefits that is subject to the requirements of subsection (b)(1)(D) may not take effect until after the Secretary determines that such change or modification does not violate the plan, including collective bargaining agreements.''. (3) Advance notice to secretary.--Section 104(a)(1)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(a)(1)(D)) is amended by inserting before the period the following: ``, or in the case of any such modifications and changes in covered services or benefits provided in the case of a group health plan relating to retiree health benefits, not later than 180 days before the effective date of such modification or change.''. (4) Civil penalty.--Section 502(c)(1) of such Act (29 U.S.C. 1132(c)(1)) is amended by striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1), or section 104(b)(1)(D)''. (b) Enforcement.-- (1) Requirements.--Section 4980B of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Notice of change or modification in health benefits.-- ``(1) In general.--A group health plan meets the requirements of this subsection if-- ``(A) the plan sponsor complies with section 104(b)(1)(D) of the Employee Retirement Income Security Act of 1974 (relating to providing advance notice of modification or change in retiree health benefits provided under a group health plan); and ``(B) such modification or change in retiree health benefits in a group health plan takes effect after the Secretary of Labor makes the determination required by section 104(d) of such Act that such change or modification does not violate the plan, including collective bargaining agreements. ``(2) Noncompliance period.--For the purposes of subsection (b), the noncompliance period with respect to this subsection shall be determined without regard to paragraph (2)(B)(ii) of subsection (b).''. (2) Conforming amendments.-- (A) Subsection (a) of section 4980B of such Code is amended by striking ``subsection (f)'' and inserting ``subsections (f) and (g)''. (B) Clause (iv)(II) of section 4980B(f)(2)(B) of such Code is amended by striking ``subsection (g)(1)(D)'' and inserting ``subsection (h)(1)(D)''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years ending after August 1, 1996. SEC. 3. CONTINUATION OF COVERAGE FOR PERSONS 55 AND OLDER UNTIL ELIGIBLE FOR MEDICARE. (a) In General.--Section 4980B(f)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(F) Coverage for persons 55 and older until eligible for medicare.--In the case of a covered employee who has attained the age of 55 before a qualifying event described in paragraph (3)(B)-- ``(i) in no event shall the period of continued coverage under subparagraph (B)(i) with respect to such event end before the applicable date under subparagraph (B)(iv), and ``(ii) the premium requirements for any period of continuation of coverage solely be reason of clause (i) shall be determined by substituting `110 percent' for `102 percent' in subparagraph (C)(i), unless the last sentence of subparagraph (C) otherwise applies.''. (b) Effective Date.--The amendments made by this section shall apply with respect to plan years ending after August 1, 1996. SEC. 4. PROTECTIONS UNDER THE MEDICARE PROGRAM FOR RETIRED WORKERS WHO LOSE RETIREE HEALTH BENEFITS. (a) No Premium Penalty for Late Enrollment.--The second sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by inserting ``and not pursuant to a special enrollment period under section 1837(i)(4)'' after ``section 1837)''. (b) Special Medicare Enrollment Period.-- (1) In general.--Section 1837(i) of such Act (42 U.S.C. 1395p(i)) is amended by adding at the end the following new paragraph: ``(4)(A) In the case of an individual who-- ``(i) at the time the individual first satisfies paragraph (1) or (2) of section 1836-- ``(I) is enrolled in a group health plan described in section 1862(b)(1)(A)(v) by reason of the individual's (or the individual's spouse's) current employment or otherwise, and ``(II) has elected not to enroll (or to be deemed enrolled) under this section during the individual's initial enrollment period; and ``(ii) whose continuous enrollment under such group health plan is involuntarily terminated at a time when the enrollment under the plan is not by reason of the individual's (or the individual's spouse's) current employment, there shall be a special enrollment period described in subparagraph (B). ``(B) The special enrollment period referred to in subparagraph (A) is the 6-month period beginning on the date of the enrollment termination described in subparagraph (A)(ii).''. (2) Coverage period.--Section 1838(e) of such Act (42 U.S.C. 1395q(e)) is amended-- (A) by inserting ``or 1837(i)(4)(B)'' after ``1837(i)(3)'' the first place it appears, and (B) by inserting ``or specified in section 1837(i)(4)(A)(i)'' after ``1837(i)(3)'' the second place it appears''. (c) Providing for Medigap Open Enrollment Period.--Section 1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``during'', and (2) by inserting before the period at the end the following: ``or (ii) in the case of an individual who enrolls in part B pursuant to a special enrollment period provided under section 1837(i)(4), the 6-month period beginning with the first month as of the first day of which the individual is enrolled under part B pursuant to such enrollment''. (d) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act and apply to involuntary terminations of coverage under a group health plan occurring on or after August 1, 1996. (2) Transition.--In the case of an involuntary termination of coverage under a group health plan that occurred during the period beginning on August 1, 1996, and ending on the date of the enactment of this Act, the special enrollment period under section 1837(i)(4)(B) of the Social Security Act (as amended by subsection (b)) is deemed to begin as of the date of the enactment of this Act.

Summary: Health Care Assurance for Retired Employees Act of 1996 - Amends the Employee Retirement Income Security Act of 1974, as amended by the Health Insurance Portability and Accountability Act of 1996, to require advance notice to participants and the Secretary of Labor of material reductions in group health plan covered services. Prohibits any such change from taking effect until the Secretary determines that it does not violate the plan, including collective bargaining agreements. Amends the Internal Revenue Code to require qualified pension plans to provide qualifying persons 55 years of age or older a coverage continuation option until they are eligible for Medicare. Amends title XVIII (Medicare) of the Social Security Act to provide retired workers who lose their retiree health benefits with specified Medicare enrollment and coverage protections.


SECTION 1. EQUAL ACCESS TO JUSTICE REFORM. (a) Short Title.--This Act may be cited as the ``Equal Access to Justice Reform Amendments of 2000''. (b) Award of Costs and Fees.-- (1) Administrative proceedings.--Section 504(a)(2) of title 5, United States Code, is amended by inserting after ``(2)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the adjudicative officer may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (2) Judicial proceedings.--Section 2412(d)(1)(B) of title 28, United States Code, is amended by inserting after ``(B)'' the following: ``At any time after the commencement of an adversary adjudication covered by this section, the court may ask a party to declare whether such party intends to seek an award of fees and expenses against the agency should such party prevail.''. (c) Payment From Agency Appropriations.-- (1) Administrative proceedings.--Section 504(d) of title 5, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (2) Judicial proceedings.--Section 2412(d)(4) of title 28, United States Code, is amended by adding at the end the following: ``Fees and expenses awarded under this subsection may not be paid from the claims and judgments account of the Treasury from funds appropriated pursuant to section 1304 of title 31.''. (d) Taxpayers' Recovery of Costs, Fees, and Expenses.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended by striking subsection (f). (2) Judicial proceedings.--Section 2412 of title 28, United States Code, is amended by striking subsection (e). (e) Offers of Settlement.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code (as amended by subsection (d) of this section), is amended by adding at the end the following: ``(f)(1) At any time after the filing of an application for fees and other expenses under this section, an agency from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (2) Judicial proceedings.--Section 2412 of title 28, United States Code (as amended by subsection (d) of this section), is amended by inserting after subsection (d) the following: ``(e)(1) At any time after the filing of an application for fees and other expenses under this section, an agency of the United States from which a fee award is sought may serve upon the applicant an offer of settlement of the claims made in the application. If within 10 days after service of the offer the applicant serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof. ``(2) An offer not accepted shall be deemed withdrawn. The fact that an offer is made but not accepted shall not preclude a subsequent offer. If any award of fees and expenses for the merits of the proceeding finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorneys' fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer.''. (f) Elimination of Substantial Justification Standard.-- (1) Administrative proceedings.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1), by striking all beginning with ``, unless the adjudicative officer'' through ``expenses are sought''; and (B) in subsection (a)(2), by striking ``The party shall also allege that the position of the agency was not substantially justified.''. (2) Judicial proceedings.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)(A), by striking ``, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust''; (B) in paragraph (1)(B), by striking ``The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought.''; and (C) in paragraph (3), by striking ``, unless the court finds that during such adversary adjudication the position of the United States was substantially justified, or that special circumstances make an award unjust''. (g) Reports to Congress.-- (1) Administrative proceedings.--Not later than 180 days after the date of the enactment of this Act, the Administrative Conference of the United States shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal agencies under the provisions of section 504 of title 5, United States Code; and (B) including recommendations for extending the application of such sections to other Federal agencies and administrative proceedings. (2) Judicial proceedings.--Not later than 180 days after the date of the enactment of this Act, the Department of Justice shall submit a report to Congress-- (A) providing an analysis of the variations in the frequency of fee awards paid by specific Federal districts under the provisions of section 2412 of title 28, United States Code; and (B) including recommendations for extending the application of such sections to other Federal judicial proceedings. (h) Effective Date.--The provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act and shall apply only to an administrative complaint filed with a Federal agency or a civil action filed in a United States court on or after such date.

Summary: Prohibits payment of fees and expenses awarded in such proceedings from appropriated funds of the Treasury's claims and judgements account. Deletes provisions barring taxpayer recovery of costs, fees, or other expenses awarded under the Internal Revenue Code. Specifies that: (1) at any time after the filing of an application for fees and other expenses an agency may offer a settlement of the claims made (and, if within ten days, the applicant accepts, either party may file the offer and notice of acceptance); (2) an offer not accepted shall be deemed withdrawn (but shall not preclude a subsequent offer); and (3) if any award finally obtained by the applicant is not more favorable than the offer, the applicant shall not be entitled to receive an award for attorney's fees or other expenses incurred in relation to the application for fees and expenses after the date of the offer. Deletes requirements that a court find or a party allege that the position of the agency or of the United States was or was not substantially justified. Requires the Administrative Conference of the United States and the Department of Justice to report to the Congress on fee awards paid by Federal districts and agencies.