SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Any TARP Extension Act of 2009''. SEC. 2. FINDINGS. The Congress finds as follows: (1) On October 7, 2008, Congress established the Troubled Assets Relief Program (TARP) as part of the Emergency Economic Stabilization Act (Public Law 110-343; 122 Stat. 3765) and allocated $700,000,000,000 for the purchase of toxic assets from banks with the goal of restoring liquidity to the financial sector and restarting the flow of credit in our markets. (2) The Secretary of the Treasury, without consultation with the Congress, changed the purpose of Troubled Assets Relief Program and began injecting capital into financial institutions through a program called the Capital Purchase Program (CPP) rather than purchasing toxic assets. (3) Lending by financial institutions was not noticeably increased with the implementation of the Capital Purchase Program and the expenditure of $250,000,000,000 of the funds under the Troubled Assets Relief Program, despite the goal of the program. (4) The recipients of amounts under the Capital Purchase Program are now faced with additional restrictions related to accepting those funds. (5) A number of community banks and large financial institutions have expressed their desire to return their Capital Purchase Program funds to the Secretary of the Treasury and the Secretary has begun the process of accepting receipt of such funds. (6) The Secretary of the Treasury should not unilaterally determine how these returned funds are spent in the future and the Congress should play a role in any determination of future spending of funds returned through the Troubled Assets Relief Program. SEC. 3. REPEAL OF TARP EXTENSION AUTHORITY. Section 120 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230) is amended-- (1) by striking ``(a) Termination.--''; and (2) by striking subsection (b). SEC. 4. DEBT REDUCTION. Subsection (d) of section 106 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended to read as follows: ``(d) Debt Reduction.-- ``(1) In general.--The Secretary of the Treasury shall deposit in Public Debt Reduction Payment Account-- ``(A) all remaining funds available under this title not later than 30 days after the date of enactment of this section; ``(B) any amounts received by the Secretary for repayment of financial assistance, for payment of any interest on the receipt of such financial assistance by an entity that has received financial assistance under this title or any program enacted by the Secretary under the authorities granted to the Secretary under this title, including the Capital Purchase Program; and ``(C) revenues of, and proceeds from the sale of troubled assets purchased under this title, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under section 113. ``(2) Public debt reduction payment account.--The term `Public Debt Reduction Payment Account' means the account established under section 3114 of title 31, United States Code.''. SEC. 5. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3114. Public Debt Reduction Payment Account ``(a) Account Established.--There is hereby established in the Treasury of the United States an account to be known as the Public Debt Reduction Payment Account (hereinafter in this section referred to as the `Account'). ``(b) Use of Account.--The Secretary of the Treasury shall use amounts in the Account to pay at maturity, or to redeem or buy before maturity, any obligation of the Government held by the public and included in the public debt. Any obligation which is paid, redeemed, or bought with amounts from the account shall be canceled and retired and may not be reissued. Amounts deposited in the account are appropriated and may only be expended to carry out this section. ``(c) Deposits.--There shall be deposited in the Account any amounts which are received by the Secretary of the Treasury pursuant to section 137 of the Emergency Economic Stabilization Act of 2008. The funds deposited to this account shall remain available until expended. ``(d) Implementation.--The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary to promptly carry out this section in accordance with sound debt management policies. ``(e) Coordination With Debt Management.--Reducing the debt pursuant to this section shall not interfere with the debt management policies or goals of the Secretary of the Treasury.''. (b) Clerical Amendment.--The table of contents for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3113 the following new item: ``3114. Public Debt Reduction Payment Account.''. SEC. 6. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT. Section 3101(b) of title 31, United States Code, is amended by inserting ``minus the aggregate amounts deposited into the Public Debt Reduction Payment Account pursuant to section 3114(c)'' before ``, outstanding at one time''. SEC. 7. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. Notwithstanding any other provision of law, the receipts and disbursements of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code, shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (1) the budget of the United States Government as submitted by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 8. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET PRONOUNCEMENTS. (a) In General.--Any official statement issued by the Office of Management and Budget, the Congressional Budget Office, or any other agency or instrumentality of the Federal Government of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices or any other such agency or instrumentality, shall exclude the outlays and receipts of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code. (b) Separate Public Debt Reduction Payment Account Budget Documents.--The excluded outlays and receipts of the Public Debt Reduction Payment Account established by section 3114 of title 31, United States Code, shall be submitted in separate budget documents.

Summary: Stop Any TARP Extension Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to: (1) terminate on December 31, 2009 (as under current law), the authority of the Secretary of the Treasury to implement the Troubled Asset Relief Program (TARP); and (2) repeal the Secretary's authority to extend the TARP program through October 3, 2010, upon submission of a written certification to Congress. Revises the requirement that revenues of and proceeds from the sale of troubled assets purchased under TARP, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under TARP, be paid into the general fund of the Treasury for reduction of the public debt. Establishes the Public Debt Reduction Payment Account. Directs the Secretary to deposit into the Account the following: (1) all remaining EESA funds; (2) amounts received for repayment of financial assistance, as well as payment of interest by a recipient of such assistance under TARP or any related program, including the Capital Purchase Program; and (3) revenues and proceeds from the sale of troubled assets that were purchased under EESA, or from the sale, exercise, or surrender of warrants or senior debt instruments, as under current law. Instructs the Secretary to: (1) use amounts in the Account to pay at maturity (or to redeem or buy before maturity) any obligation of the government held by the public and included in the public debt; and (2) deposit into the Account specified funds received by the Secretary pursuant to EESA. Lowers the statutory limit on the public debt by the aggregate amounts deposited into the Public Debt Reduction Payment Account. Prohibits the receipts and disbursements of the Account from being counted as new budget authority, outlays, receipts, or deficit or surplus for presidential or congressional budget purposes, and requires their exclusion from any official budget statements.


SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY CARD PROGRAM IMPROVEMENTS AND ASSESSMENT. (a) Credential Improvements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Transportation Security Administration shall commence actions, consistent with section 70105 of title 46, United States Code, to improve the Transportation Security Administration's process for vetting individuals with access to secure areas of vessels and maritime facilities. (2) Required actions.--The actions described under paragraph (1) shall include-- (A) conducting a comprehensive risk analysis of security threat assessment procedures, including-- (i) identifying those procedures that need additional internal controls; and (ii) identifying best practices for quality assurance at every stage of the security threat assessment; (B) implementing the additional internal controls and best practices identified under subparagraph (A); (C) improving fraud detection techniques, such as-- (i) by establishing benchmarks and a process for electronic document validation; (ii) by requiring annual training for Trusted Agents; and (iii) by reviewing any security threat assessment- related information provided by Trusted Agents and incorporating any new threat information into updated guidance under subparagraph (D); (D) updating the guidance provided to Trusted Agents regarding the vetting process and related regulations; (E) finalizing a manual for Trusted Agents and adjudicators on the vetting process; and (F) establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. (3) Report.--Not later than 2 years after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit a report to Congress that evaluates the implementation of the actions described in paragraph (1). (b) Comprehensive Security Assessment of the Transportation Security Card Program.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall commission an assessment of the effectiveness of the transportation security card program (referred to in this section as ``Program'') required under section 70105 of title 46, United States Code, at enhancing security and reducing security risks for facilities and vessels regulated under chapter 701 of that title. (2) Location.--The assessment commissioned under paragraph (1) shall be conducted by a research organization with significant experience in port or maritime security, such as-- (A) a national laboratory; (B) a university-based center within the Science and Technology Directorate's centers of excellence network; or (C) a qualified federally-funded research and development center. (3) Contents.--The assessment commissioned under paragraph (1) shall-- (A) review the credentialing process by determining-- (i) the appropriateness of vetting standards; (ii) whether the fee structure adequately reflects the current costs of vetting; (iii) whether there is unnecessary redundancy or duplication with other Federal- or State-issued transportation security credentials; and (iv) the appropriateness of having varied Federal and State threat assessments and access controls; (B) review the process for renewing applications for Transportation Worker Identification Credentials, including the number of days it takes to review application, appeal, and waiver requests for additional information; and (C) review the security value of the Program by-- (i) evaluating the extent to which the Program, as implemented, addresses known or likely security risks in the maritime and port environments; (ii) evaluating the potential for a non-biometric credential alternative; (iii) identifying the technology, business process, and operational impacts of the use of the transportation security card and transportation security card readers in the maritime and port environments; (iv) assessing the costs and benefits of the Program, as implemented; and (v) evaluating the extent to which the Secretary of Homeland Security has addressed the deficiencies in the Program identified by the Government Accountability Office and the Inspector General of the Department of Homeland Security before the date of enactment of this Act. (4) Deadlines.--The assessment commissioned under paragraph (1) shall be completed not later than 1 year after the date on which the assessment is commissioned. (5) Submission to congress.--Not later than 60 days after the date that the assessment is completed, the Secretary of Homeland Security shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives the results of the assessment commissioned under this subsection. (c) Corrective Action Plan; Program Reforms.--If the assessment commissioned under subsection (b) identifies a deficiency in the effectiveness of the Program, the Secretary of Homeland Security, not later than 60 days after the date on which the assessment is completed, shall submit a corrective action plan to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that-- (1) responds to findings of the assessment; (2) includes an implementation plan with benchmarks; (3) may include programmatic reforms, revisions to regulations, or proposals for legislation; and (4) shall be considered in any rulemaking by the Department of Homeland Security relating to the Program. (d) Inspector General Review.--If a corrective action plan is submitted under subsection (c), the Inspector General of the Department of Homeland Security shall-- (1) not later than 120 days after the date of such submission, review the extent to which such plan implements the requirements under subsection (c); and (2) not later than 18 months after the date of such submission, and annually thereafter for 3 years, submit a report to the congressional committees set forth in subsection (c) that describes the progress of the implementation of such plan. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the Senate on December 10, 2016. (Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment; implementing such internal controls and best practices; improving fraud detection techniques; updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations; finalizing a manual for such agents and adjudicators on the vetting process; and establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Enhancement and Jobs Act of 2011''. SEC. 2. PERIOD FOR RESOLVING APPLICATIONS SUBMITTED TO THE TRANSPORTATION SECURITY ADMINISTRATION FOR THE AIRPORT SECURITY SCREENING OPT-OUT PROGRAM. (a) In General.--Section 44920(b) of title 49, United States Code, is amended to read as follows: ``(b) Approval of Applications.-- ``(1) In general.--Not later than 120 days after the date of receipt of an application submitted by an airport operator under subsection (a), the Secretary shall approve or deny the application. ``(2) Standards.--The Secretary shall approve an application submitted by an airport operator under subsection (a) unless the Secretary determines that the approval would compromise security, detrimentally affect the efficiency or effectiveness of the screening of passengers or property at the airport, or otherwise adversely affect the mission of the Transportation Security Administration. ``(3) Reports on denials of applications.-- ``(A) In general.--If the Secretary denies an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a written report that sets forth-- ``(i) the findings that served as the basis for the denial; ``(ii) the results of any cost or security analysis conducted in considering the application; and ``(iii) recommendations on how the airport operator can address the reasons for the denial. ``(B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). ``(4) Approved applications.-- ``(A) List of qualified private screening companies.--Not later than 60 days after the date the Secretary approves an application submitted by an airport operator under subsection (a), the Secretary shall provide to the airport operator a list of qualified private screening companies (as described in subsection (c)), except that this subparagraph shall not apply in a case in which the airport operator is competing to provide screening services at the airport. ``(B) Consideration of airport operator's recommendations.--In selecting a private screening company to provide screening services at an airport, the Secretary shall take into consideration any recommendation from the airport operator as to which company would best serve the security screening and passenger needs of the airport.''. (b) Delegation of Authority.--Section 44920 of such title is amended by adding at the end the following: ``(h) Delegation of Authority.--The Secretary may carry out this section acting through the Assistant Secretary of Homeland Security (Transportation Security Administration).''. (c) Reconsideration of Applications Pending as of January 1, 2011.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall reconsider any application for the screening of passengers and property that-- (A) was submitted by the operator of an airport pursuant to section 44920(a) of such title; (B) was pending for final decision by the Secretary as of January 1, 2011; and (C) has not been approved by the Secretary on or before such date of enactment. (2) Notice to airport operators.--The Secretary shall provide written notice to the operator of an airport that submitted an application to be reconsidered under paragraph (1). The notice shall-- (A) inform the operator that the Secretary will reconsider the application; (B) if the application was initially denied, advise the operator of the findings that served as the basis for the denial; and (C) request the operator to provide the Secretary with such additional information as the Secretary determines necessary to reconsider the application. (3) Deadline; standards.--The Secretary shall approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period beginning on the date of enactment of this Act. The Secretary shall apply the standards set forth in section 44920(b) of such title (as amended by this section) in approving and denying such applications. (4) Deemed approval.--If the Secretary does not approve or deny an application to be reconsidered under paragraph (1) on or before the last day of the 120-day period referred to in paragraph (3), the application shall be deemed approved. (5) Reports on denials of applications.-- (A) In general.--If the Secretary denies an application of an airport operator following reconsideration under this subsection, the Secretary shall provide to the airport operator a written report that sets forth-- (i) the findings that served as the basis for the denial; (ii) the results of any cost or security analysis conducted in considering the application; and (iii) recommendations on how the airport operator can address the reasons for the denial. (B) Submission to congress.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a copy of any report provided to an airport operator under subparagraph (A). (d) References to Under Secretary.--Section 44920 of such title is amended-- (1) in subsection (a) by striking ``Under Secretary'' the first place it appears and inserting ``Secretary of Homeland Security''; (2) by striking ``Under Secretary'' each place it appears and inserting ``Secretary''; and (3) in subsection (g) by striking ``of Homeland Security'' each place it appears.

Summary: Security Enhancement and Jobs Act of 2011 - Transfers from the Under Secretary of Transportation for Security (DOT) to the Secretary of Homeland Security (DHS) the authority to approve, within 120 days after receipt, any application of an airport operator to have the screening of passengers and property at an airport be carried out by the screening personnel of a qualified private screening company (security screening opt-out program). Requires the Secretary to approve such an application unless approval would compromise security, detrimentally affect the efficiency or effectiveness of screening, or otherwise adversely affect the mission of the Transportation Security Administration (TSA). Authorizes the Secretary to carry out this Act acting through the Assistant Secretary of Homeland Security (TSA).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Freedom of Information Act Amendments of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the purpose of section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, is to require agencies of the Federal Government to make certain agency information available for public inspection and copying and to establish and enable enforcement of the right of any person to obtain access to the records of such agencies, subject to statutory exemptions, for any public or private purpose; (2) since the enactment of the Freedom of Information Act in 1966, and the amendments enacted in 1974 and 1986, the Freedom of Information Act has been a valuable means through which any person can learn how the Federal Government operates; (3) the Freedom of Information Act has led to the disclosure of waste, fraud, abuse, and wrongdoing in the Federal Government; (4) the Freedom of Information Act has led to the identification of unsafe consumer products, harmful drugs, and serious health hazards; (5) Government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information; and (6) Government agencies should use new technology to enhance public access to agency records and information. (b) Purposes.--The purposes of this Act are to-- (1) foster democracy by ensuring public access to agency records and information; (2) improve public access to agency records and information; (3) ensure agency compliance with statutory time limits; and (4) maximize the usefulness of agency records and information collected, maintained, used, retained, and disseminated by the Federal Government. SEC. 3. APPLICATION OF REQUIREMENTS TO ELECTRONIC FORMAT INFORMATION. Section 552(f) of title 5, United States Code, is amended to read as follows: ``(f) For purposes of this section, the term-- ``(1) `agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and ``(2) `record' and any other term used in this section in reference to information includes any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format.''. SEC. 4. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION OF RECORDS. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the second sentence, by striking ``or staff manual or instruction'' and inserting ``staff manual, instruction, or copies of records referred to in subparagraph (D)''; (2) by inserting before the period at the end of the third sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made''; (3) by inserting after the third sentence the following: ``If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.''; (4) in subparagraph (B), by striking ``and'' after the semicolon; (5) by inserting after subparagraph (C) the following: ``(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and ``(E) a general index of the records referred to under subparagraph (D);''; (6) by inserting after the fifth sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999.''; and (7) by inserting after the first sentence the following: ``For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 5. HONORING FORM OR FORMAT REQUESTS. Section 552(a)(3) of title 5, United States Code, is amended-- (1) by inserting ``(A)'' after ``(3)''; (2) by striking ``(A)'' the second place it appears and inserting ``(i)''; (3) by striking ``(B)'' and inserting ``(ii)''; and (4) by adding at the end the following new subparagraphs: ``(B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section. ``(C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. ``(D) For purposes of this paragraph, the term `search' means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.''. SEC. 6. STANDARD FOR JUDICIAL REVIEW. Section 552(a)(4)(B) of title 5, United States Code, is amended by adding at the end the following new sentence: ``In addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility under paragraph (2)(C) and subsection (b) and reproducibility under paragraph (3)(B).''. SEC. 7. ENSURING TIMELY RESPONSE TO REQUESTS. (a) Multitrack Processing.--Section 552(a)(6) of title 5, United States Code, is amended by adding at the end the following new subparagraph: ``(D)(i) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests. ``(ii) Regulations under this subparagraph may provide a person making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the request in order to qualify for faster processing. ``(iii) This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.''. (b) Unusual Circumstances.--Section 552(a)(6)(B) of title 5, United States Code, is amended to read as follows: ``(B)(i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph. ``(ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C). ``(iii) As used in this subparagraph, `unusual circumstances' means, but only to the extent reasonably necessary to the proper processing of the particular requests-- ``(I) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; ``(II) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ``(III) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject- matter interest therein. ``(iv) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this subparagraph, and the requests involve clearly related matters. Multiple requests involving unrelated matters shall not be aggregated.''. (c) Exceptional Circumstances.--Section 552(a)(6)(C) of title 5, United States Code, is amended by inserting ``(i)'' after ``(C)'', and by adding at the end the following new clauses: ``(ii) For purposes of this subparagraph, the term `exceptional circumstances' does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. ``(iii) Refusal by a person to reasonably modify the scope of a request or arrange an alternative time frame for processing a request (or a modified request) under clause (ii) after being given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.''. SEC. 8. TIME PERIOD FOR AGENCY CONSIDERATION OF REQUESTS. (a) Expedited Processing.--Section 552(a)(6) of title 5, United States Code (as amended by section 7(a) of this Act), is further amended by adding at the end the following new subparagraph: ``(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records-- ``(I) in cases in which the person requesting the records demonstrates a compelling need; and ``(II) in other cases determined by the agency. ``(ii) Notwithstanding clause (i), regulations under this subparagraph must ensure-- ``(I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within 10 days after the date of the request; and ``(II) expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing. ``(iii) An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph. Agency action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the judicial review shall be based on the record before the agency at the time of the determination. ``(iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a request for records after the agency has provided a complete response to the request. ``(v) For purposes of this subparagraph, the term `compelling need' means-- ``(I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or ``(II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity. ``(vi) A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such person's knowledge and belief.''. (b) Extension of General Period for Determining Whether To Comply With a Request.--Section 552(a)(6)(A)(i) of title 5, United States Code, is amended by striking ``ten days'' and inserting ``20 days''. (c) Estimation of Matter Denied.--Section 552(a)(6) of title 5, United States Code (as amended by section 7 of this Act and subsection (a) of this section), is further amended by adding at the end the following new subparagraph: ``(F) In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.''. SEC. 9. COMPUTER REDACTION. Section 552(b) of title 5, United States Code, is amended in the matter following paragraph (9) by inserting after the period the following: ``The amount of information deleted shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted shall be indicated at the place in the record where such deletion is made.''. SEC. 10. REPORT TO THE CONGRESS. Section 552(e) of title 5, United States Code, is amended to read as follows: ``(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General of the United States a report which shall cover the preceding fiscal year and which shall include-- ``(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; ``(B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and ``(ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; ``(C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; ``(D) the number of requests for records received by the agency and the number of requests which the agency processed; ``(E) the median number of days taken by the agency to process different types of requests; ``(F) the total amount of fees collected by the agency for processing requests; and ``(G) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. ``(2) Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency, by other electronic means. ``(3) The Attorney General of the United States shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General of the United States shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. ``(4) The Attorney General of the United States, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. ``(5) The Attorney General of the United States shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.''. SEC. 11. REFERENCE MATERIALS AND GUIDES. Section 552 of title 5, United States Code, is amended by adding after subsection (f) the following new subsection: ``(g) The head of each agency shall prepare and make publicly available upon request, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including-- ``(1) an index of all major information systems of the agency; ``(2) a description of major information and record locator systems maintained by the agency; and ``(3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under this section.''. SEC. 12. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall take effect 180 days after the date of the enactment of this Act. (b) Provisions Effective on Enactment.--Sections 7 and 8 shall take effect one year after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Electronic Freedom of Information Act Amendments of 1996 - Amends the Freedom of Information Act (FOIA) to define "record" to mean information maintained by an agency, as a required agency record, in any format, including an electronic format. (Sec. 4) Revises provisions which permit an agency to delete identifying details when it makes available or publishes specified information so as to permit such deletions in copies of all records. Requires that the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the current exemptions (concerning exemptions relating to national security, trade secrets, personal medical files, and etc.) under which the deletion is made. Requires an agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have been released to an individual and which, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. (Sec. 5) Requires that an agency in responding to a request for records shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. (Sec. 6) Provides that, respecting a standard for judicial review, in addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility and reproducibility. (Sec. 7) Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for: (1) multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests; and (2) an opportunity for an individual making a request that does not qualify for the fastest multitrack processing to limit the scope of the request in order to qualify for faster processing. Directs that the agency, with respect to a request for which a written notice in the case of unusual circumstances extends the time limits prescribed, shall: (1) notify the requestor if the request cannot be processed within the time limit; and (2) provide the requestor an opportunity to limit the scope of the request so that it may be processed within that time limit or to arrange with the agency an alternative time frame for processing the request or a modified request. Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request (which would otherwise satisfy requirements for unusual circumstances) and the requests involve clearly related matters. Prohibits the aggregation of multiple requests involving unrelated matters. Prohibits including a delay that results from a predictable agency workload of requests as an exceptional circumstance, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. Considers as a factor in determining whether exceptional circumstances exist the refusal by an individual to modify the scope of a request or arrange an alternative time frame for processing a request after being given an opportunity to do so by the agency. (Sec. 8) Directs each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records. Extends the general period for determining whether to comply with a request from ten to 20 days. (Sec. 9) Requires deletions to be indicated, if technically feasible, on the released portion of the record, unless including that indication would harm an interest protected by the exemption under which the deletion is made. (Sec. 10) Revises FOIA reporting requirements. (Sec. 11) Directs each agency head to make publicly available, upon request, reference material or a guide for requesting records or information from the agency, including: (1) an index of all major information systems of the agency; (2) a description of major information and record locator systems maintained by the agency; and (3) a handbook for obtaining various types and categories of public information from the agency.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Employees, Healthy Small Businesses Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2002, 44,000,000 Americans were without health insurance for the entire year, and the vast majority of these uninsured people are in working families. (2) The number of employees in a business greatly affects the likelihood of whether or not its employees are offered health insurance. In 2003, 98 percent of firms with over 200 employees offered health benefits, while only 55 percent of firms with under 10 workers did. (3) Among uninsured workers in 2001, over half held jobs with companies having fewer than 100 employees. (4) The cost of health insurance for employers is very high. On average, in 2003, the total cost of an individual health plan was $3,383, of which the employee paid an average of $508 and the employer paid an average of $2875. For a family policy, the average cost was $9,068, with the employer bearing $6,656 and the employee shouldering $2,412. SEC. 3. REFUNDABLE CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) Determination of Amount.--In the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the expense amount described in subsection (b) paid by the taxpayer during the taxable year. ``(b) Subsection (b) Expense Amount.--For purposes of this section-- ``(1) In general.--The expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is equal to-- ``(A) for any qualified small employer described in subparagraph (A) of paragraph (4), 50 percent, ``(B) for any qualified small employer described in subparagraph (B) of paragraph (4), 35 percent, and ``(C) for any qualified small employer described in subparagraph (C) of paragraph (4), 25 percent. ``(3) Per employee dollar limitation.-- ``(A) In general.--The amount of qualified employee health insurance expenses taken into account under paragraph (1) with respect to any qualified employee for any taxable year shall not exceed-- ``(i) for any qualified small employer described in subparagraph (A) of paragraph (4)-- ``(I) $1,500 in the case of self- only coverage, and ``(II) $3,400 in the case of family coverage, ``(ii) for any qualified small employer described in subparagraph (B) of paragraph (4)-- ``(I) $1,100 in the case of self- only coverage, and ``(II) $2,400 in the case of family coverage, and ``(iii) for any qualified small employer described in subparagraph (C) of paragraph (4)-- ``(I) $750 in the case of self-only coverage, and ``(II) $1,700 in the case of family coverage. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2006, each dollar amount referred to in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2005' for `1992'. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(4) Qualified small employers described.--A qualified small employer is described in-- ``(A) this subparagraph if such employer employed an average of 9 or fewer employees (as determined under subsection (c)(1)(A)(ii)), ``(B) this subparagraph if such employer employed an average of more than 9 but less than 25 employees (as so determined), and ``(C) this subparagraph if such employer employed an average of more than 24 but not more than 50 employees (as so determined). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means, with respect to any calendar year, any employer if-- ``(i) such employer pays or incurs at least 75 percent of the qualified employee health insurance expenses of each qualified employee (determined without regard to subsection (b)(3)), and ``(ii) such employer employed an average of 50 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of clause (ii), a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A)(ii) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage (as defined in section 9832(b)(1)) to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if-- ``(i) the annual amount of hours in the employ of such employer by such employee is at least 400 hours, ``(ii) the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year is at least $5,000, and ``(iii) such employee is not eligible for-- ``(I) any benefits under title XVIII, XIX, or XXI of the Social Security Act, or ``(II) any other publicly-sponsored health insurance program. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), and ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(d) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(e) Coordination With Deduction for Health Insurance Costs of Self-Employed Individuals.--In the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Small business employee health insurance expenses. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.

Summary: Healthy Employees, Healthy Small Business Act of 2004 - Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair American Corporate Tax Act'' or ``FACT Act''. SEC. 2. DECREASE IN TOP MARGINAL RATE. (a) In General.--Paragraph (1) of section 11(b) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``and'' at the end of subparagraph (B), (2) by striking subparagraphs (C) and (D) and inserting the following subparagraph: ``(C) 28 percent of so much of the taxable income as exceeds $75,000.'', (3) by striking ``of $100,000'' and inserting ``of $75,000'', (4) by striking ``$11,750'' and inserting ``$7,250'', and (5) by striking the third sentence. (b) Certain Personal Service Corporations.--Paragraph (2) of section 11(b) of such Code is amended by striking ``35 percent'' and inserting ``28 percent''. (c) Conforming Amendments.-- (1) Subsection (a) of section 1201 of such Code is amended by striking ``35 percent'' each place it appears and inserting ``28 percent''. (2) Paragraphs (1), (2), and (6) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``28 percent''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS. (a) In General.--Section 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: ``(d) Limitation on Treaty Benefits for Certain Deductible Payments.-- ``(1) In general.--In the case of any deductible related- party payment, the amount of any withholding tax imposed under chapter 3 (and any tax imposed under subpart A or B of this part) with respect to such payment shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation (taking into account any income tax treaty between the United States and the country in which the foreign parent corporation is resident). ``(2) Deductible related-party payment.--For purposes of this subsection, the term `deductible related-party payment' means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. ``(3) Foreign controlled group of entities.--For purposes of this subsection-- ``(A) In general.--The term `foreign controlled group of entities' means a controlled group of entities the common parent of which is a foreign corporation. ``(B) Controlled group of entities.--The term `controlled group of entities' means a controlled group of corporations as defined in section 1563(a)(1), except that-- ``(i) `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein, and ``(ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(4) Foreign parent corporation.--For purposes of this subsection, the term `foreign parent corporation' means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). ``(5) Regulations.--The Secretary may prescribe such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provide for-- ``(A) the treatment of two or more persons as members of a foreign controlled group of entities if such persons would be the common parent of such group if treated as one corporation, and ``(B) the treatment of any member of a foreign controlled group of entities as the common parent of such group if such treatment is appropriate taking into account the economic relationships among such entities.''. (b) Effective Date.--The amendment made by this section shall apply to payments made after the date of the enactment of this Act.

Summary: Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35% to 28% the top marginal income tax rate for corporations (including personal service corporations); and (2) provide that the amount of any tax withholding for deductible payments made by a U.S. subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Health Privacy Act''. SEC. 2. REPORTING REQUIREMENTS. (a) Notification in the Case of Breach.--Paragraph (2) of section 13402(i) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(i)) is amended to read as follows: ``(2) Information.--The information described in this paragraph regarding breaches specified in paragraph (1) shall include-- ``(A) the number and nature of all such breaches, including a description of the types of unsecured protected health information that were involved in each breach; ``(B) the identity of the covered entity involved in each breach, or if the breach affected less than 500 individuals, the kind of covered entity involved (such as a health plan, health care clearinghouse, or a health care provider who transmits any health information in electronic form in connection with a transaction covered by this subtitle); and ``(C) actions taken in response to such breaches.''. (b) Report on Compliance.--Section 13424 of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17954) is amended-- (1) in subsection (a)(1)-- (A) by amending subparagraph (B) to read as follows: ``(B) information about such complaints resolved informally, including-- ``(i) the number of such complaints resolved informally; ``(ii) a summary of the types of complaints so resolved, including identification of the most common types complaints so resolved, categorized by the privacy and security rule allegedly violated; ``(iii) for each such category, the average amount of time between receipt of a complaint to resolution of such complaint; ``(iv) examples, with entity and patient names and other individually identifiable health information redacted, of complaints resolved informally and the Secretary's rationale for resolving such complaints informally; and ``(v) the number of covered entities that received technical assistance from the Secretary during such year in order to achieve compliance with such provisions and the types of such technical assistance provided.''; (B) in subparagraph (E), by inserting ``and a summary of the outcome of such subpoenas or inquiries'' after ``inquiries issued''; (C) in subparagraph (F), by striking ``following year; and'' and inserting ``following year and enforcement priorities for the succeeding year;''; (D) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ``(H) the number of State attorney general actions that were pursued under this subtitle and notice of which was provided to the Secretary pursuant to section 1176(d)(4) of the Social Security Act; and ``(I) the number of health privacy or health security or data breach complaints referred to the Attorney General, including-- ``(i) whether the Attorney General declined enforcement; and ``(ii) the number of complaints referred to the Attorney General but returned to the Secretary for enforcement and a summary of enforcement actions taken by the Secretary with respect to such complaints, including informal resolutions, civil monetary penalties, resolution agreements or settlements, or voluntary compliance actions.''; and (2) by adding at the end the following: ``(g) Annual Studies.-- ``(1) In general.--For the first year beginning after the date of enactment of the Protect Our Health Privacy Act, and every year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report concerning complaints of alleged violations described in section 1177 of the Social Security Act, including violations of the provisions of this subtitle relating to privacy and security of health information, that were referred to the Department of Justice by the Department of Health and Human Services, the Federal Bureau of Investigation, or another State or Federal agency during the year for which the report is being prepared. ``(2) Requirements.--Each report required under paragraph (1) shall-- ``(A) be made available to the public on the websites of the Department of Justice and the Department of Health and Human Services; and ``(B) include, with respect to complaints received during the year for which the report is being prepared-- ``(i) the total number of complaints received; ``(ii) the number of complaints received that were eligible for criminal enforcement; and ``(iii) of the complaints described in clause (ii), a summary of how each complaint was resolved that-- ``(I) includes the rationale for declining enforcement, if applicable; and ``(II) does not identify the patients, individuals, or entities involved.''. SEC. 3. ENCRYPTION FOR PORTABLE MEDIA. (a) Guidance Regarding Unsecured Protected Health Information.-- (1) In general.--Section 13402(h)(2) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(h)(2)) is amended by inserting ``, including protected health information stored on portable media (as defined by the Secretary, which shall include thumb drives, laptop computers, tablet computers, and other similar devices),'' after ``protected health information''. (2) Applicable.--The amendment made by paragraph (1) shall apply to updated guidance issued under section 13402(h)(2) of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17932(h)(2)) after the date of enactment of this Act. (b) Portable Media Encryption Requirement.-- (1) In general.--Section 13401 of division A of the American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17931) is amended by adding at the end the following: ``(d) Portable Media Encryption Requirement.--Not later than 1 year after the date of enactment of the Protect Our Health Privacy Act, the Secretary shall issue regulations to require covered entities and business associates to render protected health information that is stored on portable media (as defined by the Secretary, which shall include thumb drives, laptop computers, tablet computers, and other similar devices) unusable, unreadable, or indecipherable to unauthorized individuals.''. (2) Conforming amendment.--Section 13401(b) of such Act (42 U.S.C. 17931(b)) is amended by inserting ``or (d)'' after ``subsection (a)''. SEC. 4. USE OF DATA IN BUSINESS ASSOCIATE CONTRACTS; APPLICATION OF MINIMUM NECESSARY STANDARD TO BUSINESS ASSOCIATES. (a) In General.--Section 13404 of division A of the American Recovery and Reinvestment Act (42 U.S.C. 17934) is amended by adding at the end the following: ``(d) Use of Data in Business Associate Contracts; Application of Minimum Necessary Standard to Business Associates.-- ``(1) Limitation on scope and use of protected health information.--As required by section 164.504(e) of title 45, Code of Regulations (as in effect on the date of enactment of this subsection), any business associate agreement between a covered entity and a business associate shall limit the use of protected health information by such business associate-- ``(A) to only such information as necessary for the performance of the service or function that the covered entity has contracted with the business associate to perform on behalf of the covered entity; and ``(B) to only those uses that are necessary for the performance of the service or function described in subparagraph (A). ``(2) Application of minimum necessary standard to business associates.--Section 164.502(b) of title 45, Code of Federal Regulations shall apply to a business associate of a covered entity in the same manner that such section applies to the covered entity. The additional requirements of this title that relate to the minimum necessary standard with respect to the use, disclosure, and request of protected health information that are made applicable with respect to covered entities shall also be applicable to such a business associate and shall be incorporated into the business associate agreement between the business associate and the covered entity.''. (b) Conforming Amendment.--Subsection (c) of such section 13404 (42 U.S.C. 17934) is amended by striking ``(a) or (b)'' and inserting ``(a), (b), or (d)(2)''. (c) Clarification.--Nothing in subsection (d)(2) of section 13404 of division A of the American Recovery and Reinvestment Act (42 U.S.C. 17934) (as amended by subsection (a)) affects the application of the minimum necessary standard to business associates pursuant to section 164.504(e) of title 45, Code of Federal Regulations (relating to contracts and other arrangements between business associates and covered entities) as in effect on the date of enactment of this Act. SEC. 5. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE. Title XXX of the Public Health Service Act (42 U.S.C. 300jj et seq.) is amended by adding at the end the following: ``SEC. 3022. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE. ``(a) In General.--Not later than 18 months after the date of enactment of the Protect Our Health Privacy Act, the Secretary shall issue regulations to improve the safety, interoperability, and utility of health information technology systems. ``(b) Content.--The regulations issued under subsection (a) shall include-- ``(1) a system to track the effect of health information technology on the health of patients; and ``(2) minimum quality and risk management requirements for health information technology vendors. ``(c) Health Information Technology Adverse Health Event Reporting.-- ``(1) In general.--The Secretary shall designate an agency within the Department of Health and Human Services to promulgate regulations relating to a health information technology adverse health event reporting program and database. The Department shall consider definitions and standards developed by the National Quality Forum before promulgating such regulations. ``(2) Content.--The regulations promulgated under paragraph (1) shall include mandatory submission of adverse health event reports by health information technology vendors and voluntary submission of adverse health event reports by users of health information, including patients and their family caregivers. ``(3) Use of reports.--The agency designated under paragraph (1) shall analyze adverse health event reports and report findings and recommendations to the applicable industry and policymakers. ``(4) Protection of reports.--The agency designated under paragraph (1) shall remove identifying information if adverse health event reports are made public. An adverse health event report may not be admitted or used in any action in a Federal or State court or any Federal or State administrative proceeding as evidence of fault, liability, or occurrence of an adverse health event. ``(5) Annual report.--The agency designated under paragraph (1) shall use the database established under such paragraph to submit to Congress an annual report regarding the use and safety of health information technology.''.

Summary: Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach; and (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved. Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities. Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency. Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals. Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities. Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors. Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Natural Gas Pipeline Improvement Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) North American demand for natural gas is expected to increase dramatically over the course of the next several decades, as described in section 114 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720l); (2) although North American natural gas supplies are adequate to meet customer needs in calendar years 2011 and 2012 and for the near future, the availability of Alaska gas as an additional domestic source would further shield the United States from any future reliance on overseas energy supplies in the years ahead; (3) 2 military installations in the Fairbanks North Star Borough, Alaska, Fort Wainwright and Eielson Air Force Base-- (A) are a central component of the ability of the United States to project power over a vast area of the Pacific region; (B) are home to approximately 23,000 military members and families; (C) are located along or relatively adjacent to any cost-effective Alaska natural gas pipeline project corridor; and (D) would benefit from access to affordable natural gas supplies drawn from the proposed Alaska natural gas pipeline project, freeing up funding for pursuing mid- term and long-term renewable energy goals; (4) the Fairbanks North Star Borough-- (A) suffers from a thermal inversion that traps particulate emissions and other air pollutants; and (B) has been declared a nonattainment zone for failing to achieve reductions in particulate matter by the Environmental Protection Agency; (5) the availability of affordable clean-burning natural gas would significantly improve air quality in the public health interest of Borough residents; (6) the most logical route for an Alaska natural gas transportation project (as defined in section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) would travel through Atigun Pass; (7) Atigun Pass-- (A) holds both the James W. Dalton Highway and the trans-Alaska oil pipeline, both of which are essential to the strategically important operation of North Slope oil fields; and (B) is the highest-altitude point on the Dalton Highway (with an elevation of 4,739 feet or 1,422 meters) and is on the Continental Divide; (8) space constraints and difficulties of Arctic construction in Atigun Pass restrict the available right-of- way, allowing room for only 1 additional pipeline in the preferred route through the Pass; (9) the public interest would best be served by all proponents of a natural gas pipeline from the Alaska North Slope agreeing on a single project that-- (A) passes through Atigun Pass, taking advantage of the preferred right-of-way and avoiding costly duplication of design, permitting, and construction expenses that would fall on consumers; and (B) serves Alaskans and other North American consumers; and (10) a natural gas pipeline with sufficient capacity to facilitate economic transportation of natural gas as part of a Alaska natural gas transportation project (as defined in section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) is in the national interest. SEC. 3. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT. Section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720) is amended by striking paragraph (2) and inserting the following: ``(2) Alaska natural gas transportation project.--The term `Alaska Natural Gas Transportation Project' means-- ``(A) any natural gas pipeline system that carries Alaska natural gas to the border between Alaska and Canada (including related facilities subject to the jurisdiction of the Commission) that is authorized under-- ``(i) the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.); or ``(ii) section 103; and ``(B) any pipeline segment that the Commission finds could feasibly be incorporated into and serve as an integrated segment of the system described in subparagraph (A) (including the construction and operation of the segment), which shall be subject to this Act and the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.), regardless of whether the segment-- ``(i) is proposed and constructed prior to the construction of the entire system described in subparagraph (A); or ``(ii) initially transports Alaska natural gas solely for delivery to consumers within the State of Alaska.''.

Summary: Alaska Natural Gas Pipeline Improvement Act of 2011 - Amends the Alaska Natural Gas Pipeline Act of 2004 to include in the Alaska Natural Gas Transportation Project (carrying Alaska natural gas to the Canadian border) any pipeline segment that the Federal Energy Regulatory Commission (FERC) finds could feasibly be incorporated into and serve as an integrated segment of that system, regardless of whether it: (1) is proposed and constructed before construction of the entire system, or (2) initially transports natural gas solely for delivery to customers within Alaska.


TITLE I--EXPANSION OF CERTAIN WILDERNESS AREAS SEC. 101. PTARMIGAN PEAK WILDERNESS. Section 2(a)(18) of the Colorado Wilderness Act of 1993 (Public Law 103-77; 16 U.S.C. 1132 note) is amended by inserting after ``January, 1993'' the following: ``; the approximately 2,000 acres of land known as Ute Pass and the approximately 900 acres of land known as Acorn Creek, both located in Summit County, Colorado, and generally depicted on the map entitled `Ptarmigan Peak', numbered ____, and dated ____.''. SEC. 102. RAGGEDS WILDERNESS. Section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note; 94 Stat. 3267) is amended by inserting after ``November 1980'' the following: ``; and the approximately 1,500 acres of land located in Gunnison County, Colorado, and generally depicted on the map entitled `Raggeds', numbered ____, and dated ____''. SEC. 103. HUNTER-FRYINGPAN WILDERNESS. Section 2(e) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 41) is amended by inserting after ``Area-- Proposed'' the following: ``; the approximately 3,000 acres of land known as North Independence A and the approximately 1,100 acres of land known as Hunter both located in Pitkin County, Colorado, and generally depicted on the map entitled `Hunter-Fryingpan', numbered ____, and dated ____''. TITLE II--RED TABLE MOUNTAIN WILDERNESS SEC. 201. RED TABLE MOUNTAIN WILDERNESS. (a) Red Table Mountain Wilderness.--In furtherance of the purposes of the Wilderness Act, the approximately 50,000 acres of land located in Eagle County, Colorado, and generally depicted on the map entitled ``Red Table'', numbered ____, and dated ____'' are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System. Such component shall be known as ``Red Table Mountain Wilderness''. (b) Management.--Subject to valid existing rights, land designated as wilderness by this title shall be managed by the Secretary, as appropriate, in accordance with this title and-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to any wilderness areas designated by this title, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this title; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) other applicable law. (c) Water Infrastructure.--Nothing in this title (including the provisions related to establishment or management of the Red Table Mountain Wilderness Area) shall affect, impede, interfere with, or diminish the operation, existence, access, maintenance, improvement, or construction of water facilities and infrastructure, rights-of-way, or other water-related property, interests, and uses, (including the use of motorized vehicles and equipment existing or located on lands within the Red Table Mountain Wilderness Area). (d) High Voltage Transmission Electricity Lines or Electrical Power Lines.--The Secretary shall allow for maintenance of rights-of-ways and access roads located within the Red Table Mountain Wilderness Area to the extent necessary to operate a transmission line or electrical power line in a manner that avoids negative impacts on public safety and allows for compliance with State and/or Federal safety requirements. Such maintenance may include vegetation management, road maintenance, ground stabilization, and motorized vehicle access. (e) Withdrawals.--Subject to valid existing rights, all Federal lands within the Red Table Mountain Wilderness Area are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto. (f) Aerial Navigation Training Exercises.-- (1) In general.--The Colorado Army National Guard, through the High Altitude ARNG Aviation Training Site, shall continue to be allowed to conduct aerial navigation training maneuver exercises over and upon the lands within the Red Table Mountain Wilderness Area in a manner consistent with the memorandum of understanding dated August 4, 1987, (or a subsequent memorandum of understanding entered into by all of the same parties), among the Colorado Army National Guard, the Bureau of Land Management, and the United States Forest Service as interpreted and implemented prior to the date of the enactment of this title. (2) Review and modification of memorandum of understanding.--The memorandum of understanding referred to in paragraph (1) may be modified subject to the agreement of all parties thereto. The parties to the memorandum of understanding shall review the memorandum and associated annual operating plan not later than 180 days after the date of the enactment of this title, and annually thereafter while the memorandum of understanding is in effect. The review shall include consideration of alternative locations over National Forest System lands and lands administered by the Bureau of Land Management outside of the Red Table Mountain Wilderness Area for the conduct of activities identified in the memorandum. If the Colorado Army National Guard identifies such an alternate location outside of the Red Table Mountain Wilderness Area that meets its aerial training needs, the memorandum of understanding shall be modified accordingly, subject to the agreement of all parties thereto. (g) Hunting and Fishing.--Nothing in this title shall affect the authority of the Colorado Division of Wildlife to regulate hunting or fishing in the Red Table Mountain Wilderness Area. (h) Grazing.-- (1) In general.--Except as provided by paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Red Table Mountain Wilderness Area in accordance with the same laws (including regulations) and Executive orders followed by the Secretary in issuing and administering grazing leases and permits on other land under the jurisdiction of the Forest Service. (2) Grazing in wilderness area.--Grazing of livestock in the Red Table Mountain Wilderness Area on lands that are under the jurisdiction of the Forest Service shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the guidelines set forth under the heading ``Grazing in National Forest Wilderness'' in House Report 96-617 of the 96th Congress. (i) No Buffer Zones.--Congress does not intend for the establishment of the Red Table Mountain Wilderness Area to lead to the creation of protective perimeters or buffer zones around the Red Table Mountain Wilderness Area. The fact that there may be activities or uses on lands outside the Red Table Mountain Wilderness Area that would not be allowed in the Red Table Mountain Wilderness Area shall not preclude such activities or uses on such lands up to the boundary of the Red Table Mountain Wilderness Area consistent with other applicable laws. SEC. 202. WATER RIGHTS. (a) Findings.--Congress finds as follows: (1) The lands designated as wilderness by this title are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the wilderness or other values of such lands. (2) The lands designated as wilderness by this title includes several water resource facilities which provide for important water storage and transmission of water for the benefit of private owners of decreed water rights and the Town of Gypsum. (3) It is possible to provide for proper management and protection of the wilderness and other values of such lands in ways different from those used in other legislation designating as wilderness lands not sharing the attributes of the lands designated as wilderness by this title. (b) Statutory Construction.-- (1) Nothing in this title shall constitute or be construed to constitute either an express or implied reservation of any water or water rights with respect to the land designated as wilderness by this title. (2) Nothing in this title shall affect any conditional or absolute water rights in the State of Colorado existing on the date of the enactment of this title. (3) Nothing in this subsection shall be construed as establishing a precedent with regard to any future wilderness designations. (4) Nothing in this title shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States. (c) Prohibition Against Instream Flow Permit Conditions.--The Secretary shall not, as a condition of permit renewal for existing facilities on National Forest System lands, impose bypass or other minimum instream flow requirements within or upstream of the Red Table Mountain Wilderness Area. SEC. 203. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of the enactment of this title, the Secretary shall submit to Congress a copy of the maps referred to in section 201 and legal descriptions of the land designated as wilderness by this title. The Secretary shall reflect, as necessary, the boundaries referred to in subsection (e) on the maps and legal descriptions submitted under this subsection. (b) Force and Effect.--The maps and legal descriptions shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the Map and the legal descriptions. (c) Public Availability.--Copies of the maps and the legal descriptions shall be on file and available for public inspection in-- (1) the office of the Chief of the Forest Service; and (2) the office of the White River National Forest in Glenwood Springs, Colorado. (d) Map Controlling.--In the case of a discrepancy between the maps and the legal descriptions, the maps shall control. (e) Areas Not Included in Red Table Mountain Wilderness.-- Notwithstanding the Map, or any other provision of this title, the following areas shall not be included in the Red Table Mountain Wilderness Area: (1) Any FAA site, parking area, or appurtenant access roads, power lines, facility or equipment, including an area 25 yards surrounding any such site, facility, area, or equipment. (2) The Town of Gypsum's Mosher intake facility, and any pipes or related facilities, including an area at least 200 linear feet upstream of the present facilities and 25 yards surrounding the facility and any related pipes or facilities. (3) The LEDE Ditch and Pipeline, and an access road for the LEDE Reservoir, including an area 25 yards surrounding any such ditch, pipeline or road. (4) The Eye Lake Reservoir and Eye Lake Supply Ditch, any related facilities in existence now or developed in the future designed to develop decreed water rights, including an area 25 yards surrounding any such reservoir, ditch or facilities, unless the White River National Forest and the Town of Gypsum certify to the Chairman and Ranking Member of the House Resources Committee and the Senate Energy and Natural Resources Committee that the decreed diversion points for the above decreed water rights have been moved to the LEDE Reservoir, and any necessary permits or actions have been taken, thereby removing the need to utilize the Eye Lake Reservoir and Eye Lake Ditch. (5) Red Creek Road (FDR 425), Red Table Road (FDR 514), Muckey Lake Road (FDR 425.1B), and Antones Creek Road (FKR 457), including an area 10 yards to either side of the roads. (6) FDR 464, FDR 433, and FDR 431, including an area 10 yards to either side of the roads. (7) White Creek Trail (FDT 1862), Sundell Trail (FDT 1863), Sourdough Lake Trail (FDT 1863.1A), Muckey Lake Trail (FDT 1863.2B), Mount Thomas Trail (FDT 1870), Antones Trail (FDT 1871), and Antones Lakes Trail (FDT 1871.1C), including an area 10 yards to either side of the trails.

Summary: Amends the Colorado Wilderness Act of 1993, Public Law 96-560 (designating certain National Forest System lands in the State of Colorado for inclusion in the National Wilderness Preservation System), and the American Wilderness Act of 1978 to designate specified lands in Acorn Creek, Gunnison, and Pitkin Counties, Colorado, as wilderness areas.Designates certain land in Eagle County, Colorado, as wilderness, the Red Table Mountain Wilderness Area (the "Area"). Directs the Secretary of Agriculture to allow for the maintenance of rights-of-way and access roads located within the Area in order to operate a transmission line or electrical power line.Withdraws all Federal lands within the Area from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws.Permits continued aerial navigation training exercises by the Colorado Army National Guard in the Area.Declares that Congress does not intend for the establishment of protective perimeters or buffer zones around the Area.States that nothing in this Act shall be construed to: (1) constitute a reservation of any water or water rights in lands designated as wilderness; (2) affect any conditional or absolute water rights in Colorado; (3) establish a precedent with regard to future wilderness designations; or (4) affect compacts and decrees apportioning water among and between Colorado and other States.Prohibits the Secretary from making instream flow permit conditions within or upstream of the Area on existing facilities on National Forest System lands.