SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Background Check Act of 2008''. SEC. 2. GUN SHOW BACKGROUND CHECK. (a) Findings.--Congress finds that-- (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers; (2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market; (3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce; (4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce; (5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing; (6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; (7) since the enactment of the Brady Handgun Violence Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993, nearly 70,000,000 background checks have been performed by Federal firearms licensees, denying guns to 1,360,000 illegal buyers; (8) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events; (9) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; (10) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and (11) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Gun show.--The term `gun show' means any event-- ``(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and ``(B) at which-- ``(i) not fewer than 20 percent of the exhibitors are firearm exhibitors; ``(ii) there are not fewer than 10 firearm exhibitors; or ``(iii) 50 or more firearms are offered for sale, transfer, or exchange. ``(37) Gun show promoter.--The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show. ``(38) Gun show vendor.--The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) registers with the Attorney General in accordance with regulations promulgated by the Attorney General; and ``(2) pays a registration fee, in an amount determined by the Attorney General. ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the vendor containing a photograph of the vendor; ``(2) before commencement of the gun show, requires each gun show vendor to sign-- ``(A) a ledger with identifying information concerning the vendor; and ``(B) a notice advising the vendor of the obligations of the vendor under this chapter; ``(3) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe; and ``(4) maintains a copy of the records described in paragraphs (1) and (2) at the permanent place of business of the gun show promoter for such period of time and in such form as the Attorney General shall require by regulation. ``(c) Responsibilities of Transferors Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(3) Absence of recordkeeping requirements.--Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any nonlicensed vendor. ``(d) Responsibilities of Transferees Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(e) Responsibilities of Licensees.--A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall-- ``(1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record; ``(2) record the transfer on a form specified by the Attorney General; ``(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee-- ``(A) of such compliance; and ``(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; ``(4) not later than 10 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which report-- ``(A) shall be on a form specified by the Attorney General by regulation; and ``(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; ``(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be-- ``(A) prepared on a form specified by the Attorney General; and ``(B) not later than the close of business on the date on which the transfer occurs, forwarded to-- ``(i) the office specified on the form described in subparagraph (A); and ``(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and ``(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer. ``(f) Records of Licensee Transfers.--If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which report-- ``(1) shall be in a form specified by the Attorney General by regulation; ``(2) shall not include the name of or other identifying information relating to the transferee; and ``(3) shall not duplicate information provided in any report required under subsection (e)(4). ``(g) Firearm Transaction Defined.--In this section, the term `firearm transaction'-- ``(1) includes the offer for sale, sale, transfer, or exchange of a firearm; and ``(2) does not include the mere exhibition of a firearm.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) Whoever knowingly violates section 932(a) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(C) Whoever willfully violates section 932(d), shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. ``(D) Whoever knowingly violates subsection (e) or (f) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. ``(E) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932-- ``(i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Technical and conforming amendments.--Chapter 44 of title 18, United States Code, is amended-- (A) in the chapter analysis, by adding at the end the following: ``Sec. 932. Regulation of firearms transfers at gun shows.''; and (B) in the first sentence of section 923(j), by striking ``a gun show or event'' and inserting ``an event''. (d) Inspection Authority.--Section 923(g)(1) is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B), the Attorney General may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.''. (e) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of title 18, United States Code, is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (f) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924(a) of title 18, United States Code, is amended-- (A) in paragraph (5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(s)''; and (B) by adding at the end the following: ``(9) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of title 18, United States Code, is amended by striking ``and, at the time'' and all that follows through ``State law''. (g) Effective Date.--This Act and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

Summary: Gun Show Background Check Act of 2008 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations.Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Barriers to Veterans' Benefits Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Tinnitus is the most common service-connected disability for veterans from all periods of service, accounting for almost 841,000 individuals. (2) Hearing loss is the second leading service-connected disability for veterans from all periods of service, accounting for almost 702,000 individuals. (3) Since fiscal year 1999, the number of veterans with service-connected disability for tinnitus has increased by an average rate of 17 percent each year. (4) The number of tinnitus disabilities has grown from 128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an increase of more than 500 percent. SEC. 3. PRESUMPTION OF SERVICE-CONNECTION FOR HEARING LOSS AND TINNITUS. (a) Presumption.-- (1) In general.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service ``(a) In General.--(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, diagnosed hearing loss, tinnitus, or both of a veteran described in paragraph (2) shall be considered to have been incurred in or aggravated by the service of the veteran, notwithstanding that there is no record of evidence of such hearing loss or tinnitus, as the case may be, during the period of such service. ``(2) A veteran described in this paragraph is a veteran who while on active military, naval, or air service-- ``(A) was assigned to a military occupational specialty or equivalent described in subsection (b); or ``(B) served in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title). ``(b) Military Occupational Specialty.--A military occupational specialty or equivalent referred to in subsection (a)(2)(A) is a military occupational specialty or equivalent, if any, that the Secretary determines in regulations prescribed under this section in which individuals assigned to such military occupational specialty or equivalent in the active military, naval, or air service are or were likely to be exposed to a sufficiently high level of acoustic trauma as to result in permanent hearing loss, tinnitus, or both. ``(c) Determination.--(1) If the Secretary determines under subsection (b) that a presumption of service connection is warranted for a military occupational specialty or equivalent, the Secretary shall, not later than 60 days after the date of the determination, issue proposed regulations setting forth the Secretary's determination. ``(2) If the Secretary determines under subsection (b) that a presumption of service connection is not warranted for a military occupational specialty or equivalent, the Secretary shall, not later than 60 days after the date of the determination-- ``(A) publish the determination in the Federal Register; and ``(B) submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the determination, including a justification for the determination.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service.''. (b) Presumption Rebuttable.--Section 1113 of title 38, United States Code, is amended by striking ``or 1118'' each place it appears and inserting ``1118, or 1119''. (c) Presumption During Peacetime Service.--Section 1137 of title 38, United States Code, is amended by striking ``and 1113'' and inserting ``1113, and 1119''. (d) Effective Date.--Section 1119 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to a claim for compensation made on or after the date that is 60 days after the date on which the Secretary prescribes regulations pursuant to subsection (c)(1) of such section. SEC. 4. AUDIOMETRIC TEST REQUIRED BEFORE SEPARATION OF MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 59 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1179. Audiometric test required ``Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary receives an audiometric test at the 8000 Hz frequency (or other test that the Secretary of Defense determines has the ability to discover potential future hearing loss) to evaluate the hearing of the member during the 90-day period before the date on which the member is discharged, separated, or retired.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1178 the following new item: ``1179. Audiometric test required.''. (c) Effective Date.--Section 1179 of title 10, United States Code, as added by subsection (a), shall apply with respect to a member being discharged, separated, or retired from the Armed Forces on or after the date that is 60 days after the date of the enactment of this Act.

Summary: Reducing Barriers to Veterans' Benefits Act - Presumes a service connection, for veterans' benefits purposes, for diagnosed hearing loss, tinnitus, or both, for veterans who, during active military service: (1) were assigned to a military occupational specialty in which the veterans were likely to be exposed to a level of acoustic trauma sufficient to result in permanent hearing loss, tinnitus, or both; or (2) served in combat against a hostile force during a period of hostilities. Directs the Secretary of each military department to ensure that each member of the Armed Forces under their jurisdiction receives an audiometric test at the 8000 Hz frequency (or an equivalent test) to evaluate the hearing of such member during the 90-day period before the member is discharged, separated, or retired.


SECTION 1. TERMINATION AFTER 1997 OF TAX SUBSIDIES FOR LARGE PRODUCERS OF ETHANOL USED AS A FUEL. (a) General Rule--Subsection (e) of section 40 of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``Except in the case of the credit determined under subsection (a)(3), the preceding sentence shall be applied by substituting `1997' for `2000' and `1998' for `2001'.'' (b) Denial of Credit for Alcohol Used To Produce Ether.--Subsection (b) of section 40 of such Code is amended by adding at the end the following new paragraph: ``(6) Denial of credit for alcohol used to produce ether.-- No credit shall be allowed under this section for alcohol used to produce any ether.'' (c) Conforming Reductions of Other Incentives for Ethanol Fuel.-- (1) Repeal of reduced rate on ethanol fuel produced other than from petroleum or natural gas.--Subsection (b) of section 4041 of such Code is amended to read as follows: ``(b) Exemption for Off-Highway Business Use.-- ``(1) In general.--No tax shall be imposed by subsection (a) or (d)(1) on liquids sold for use or used in an off-highway business use. ``(2) Tax where other use.--If a liquid on which no tax was imposed by reason of paragraph (1) is used otherwise than in an off-highway business use, a tax shall be imposed by paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is appropriate) and by the corresponding provision of subsection (d)(1) (if any). ``(3) Off-highway business use defined.--For purposes of this subsection, the term `off-highway business use' has the meaning given to such term by section 6421(e)(2); except that such term shall not, for purposes of subsection (a)(1), include use in a diesel-powered train.'' (2) Repeal of reduced rate on ethanol fuel produced from natural gas.--Subsection (m) of section 4041 of such Code is amended-- (A) by striking ``or ethanol'' each place it appears (including the heading of paragraph (2)), and (B) by striking ``, ethanol, or other alcohol'' in paragraph (2) and inserting ``or other alcohol (other than ethanol)''. (d) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in Same Manner as Other Motor Fuels.-- (1) In general.--Paragraph (1) of section 4083(a) of such Code (defining taxable fuel) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) fuel alcohol.'' (2) Fuel alcohol.--Subsection (a) of section 4083 of such Code is amended by adding at the end the following new paragraph: ``(4) Fuel alcohol.--The term `fuel alcohol' means any alcohol (including ethanol and methanol)-- ``(A) which is produced other than from petroleum, natural gas, or coal (including peat), and ``(B) which is withdrawn from the distillery where produced free of tax under chapter 51 by reason of section 5181 or so much of section 5214(a)(1) as relates to fuel use.'' (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of such Code is amended by inserting ``or fuel alcohol'' after ``gasoline''. (4) Special rules for imposition of tax.--Paragraph (1) of section 4081(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Special rules for fuel alcohol.--In the case of fuel alcohol-- ``(i) the distillery where produced shall be treated as a refinery, and ``(ii) subparagraph (B) shall be applied by including transfers by truck or rail in excess of such minimum quantities as the Secretary shall prescribe.'' (5) Repeal of reduced rates on alcohol fuels.-- (A) Section 4041 of such Code is amended by striking subsection (k). (B) Section 4081 of such Code is amended by striking subsection (c). (C) Section 4091 of such Code is amended by striking subsection (c). (6) Conforming amendments.-- (A) Section 40 of such Code is amended by striking subsection (c). (B) Paragraph (4) of section 40(d) of such Code is amended to read as follows: ``(4) Volume of alcohol.--For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants).'' (C) Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: ``No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081 and the tax thereon was not credited or refunded.'' (D) Section 6427 of such Code is amended by striking subsection (f). (E) Subsection (i) of section 6427 of such Code is amended by striking paragraph (3). (F) Paragraph (2) of section 6427(k) of such Code is amended by striking ``(3)''. (G)(i) Paragraph (1) of section 6427(l) of such Code is amended by striking ``or'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) any fuel alcohol (as defined in section 4083) on which tax has been imposed by section 4081, or''. (ii) Paragraph (2) of section 6427(l) of such Code is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of fuel alcohol (as so defined), any use which is exempt from the tax imposed by section 4041(a)(2) other than by reason of a prior imposition of tax, and''. (iii) The heading of subsection (l) of section 6427 of such Code is amended by inserting ``, Fuel Alcohol,'' after ``Diesel Fuel''. (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such Code are each amended by striking ``and diesel fuel'' and inserting ``diesel fuel, and fuel alcohol''. (I) Section 9502 of such Code is amended by striking subsection (e) and by redesignating subsection (f) as subsection (e). (J) Subsection (e) of section 9502 of such Code (as redesignated by subparagraph (I)) is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (K) Subsection (b) of section 9503 of such Code is amended by striking paragraph (5). (L) Paragraph (3) of section 9503(f) of such Code is amended to read as follows: ``(3) Partially exempt methanol or ethanol fuel.--In the case of a rate of tax determined under section 4041(m), the Highway Trust Fund financing rate is the excess (if any) of the rate so determined over-- ``(A) 5.55 cents per gallon after September 30, 1993, and before October 1, 1995, and ``(B) 4.3 cents per gallon after September 30, 1995.'' (e) Effective Date.--The amendments made by this section shall take effect on January 1, 1998. (f) Floor Stock Taxes.-- (1) Imposition of tax.--In the case of fuel alcohol which is held on January 1, 1998, by any person, there is hereby imposed a floor stocks tax of 18.4 cents per gallon. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding fuel alcohol on January 1, 1998, to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before June 30, 1998. (3) Definitions.--For purposes of this subsection-- (A) Fuel alcohol.--The term ``fuel alcohol'' has the meaning given such term by section 4083 of the Internal Revenue Code of 1986, as amended by this section. (B) Held by a person.--Fuel alcohol shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to fuel alcohol held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of the Internal Revenue Code of 1986 is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on fuel alcohol held in the tank of a motor vehicle or motorboat. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on fuel alcohol held on January 1, 1998, by any person if the aggregate amount of fuel alcohol held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.

Summary: Amends the Internal Revenue Code to terminate the credit for large producers of ethanol used as a fuel after 1997. Disallows the credit for alcohol used to produce any ether. Exempts from tax liquids sold for use or used in an off-highway business use. Repeals the reduced rate on ethanol fuel produced from natural gas. Provides for the tax treatment of fuel alcohol in the same manner as other motor fuels. Repeals the reduced rates on alcohol fuels. Exempts partially, in the case of methanol or ethanol, the rate of tax determined under the Highway Trust Fund financing rate. Imposes a floor stock tax on fuel alcohol held by any individual on a specified date and makes such individual liable for such tax. Exempts fuel alcohol held by any individual for any use to the extent a credit or refund of the tax imposed under current law is allowed. Prohibits the imposition of tax on fuel alcohol held in the tank of a motor vehicle or motorboat and for certain amounts of fuel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Cleanup Taxpayer Protection Act''. SEC. 2. SURFACE COAL MINING BONDING. Section 509 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1259) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Alternative Bonding System.--The Secretary may approve as part of a State or Federal program an alternative system that will-- ``(1) achieve the objectives and purposes of the bonding program pursuant to this section; and ``(2) result in no greater risk of financial liability to the Federal Government or a State government than the bonding program under this section.''; and (2) by adding at the end the following: ``(f) Self-Bonding.-- ``(1) Federal programs.-- ``(A) In general.--Effective on the date of enactment of this subsection, the Secretary-- ``(i) may not accept the bond of the applicant itself (referred to in this subsection as a `self-bond'); but ``(ii) may accept a separate surety or collateral bond, consistent with the terms under subsection (b). ``(B) Existing self-bonds.--For coal mining operations covered by a self-bond accepted by the Secretary prior to the date of enactment of this subsection, the permittee shall replace the self-bond with another form of bond acceptable to the Secretary under this section by not later than the earlier of-- ``(i) the date of renewal of the permit under section 506(d); and ``(ii) the date of any major permit modification under section 506. ``(2) State programs.-- ``(A) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall notify all State regulatory authorities that allow applicants to self-bond that the approved regulatory programs of the State regulatory authority must be amended-- ``(i) to remove the authority for applicants to self-bond; and ``(ii) to require coal mining operations covered by a self-bond accepted by the State regulatory authority prior to the date of enactment of this subsection to replace the self-bond with another form of bond acceptable under this section by not later than the earlier of-- ``(I) the date of renewal of the permit under section 506(d); and ``(II) the date of any major permit modification under section 506. ``(g) Bonds Issued by Surety.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue rules establishing limitations on surety bonds accepted under this section to minimize the risk of financial liability to the Federal Government or a State government, including rules regarding-- ``(A) the maximum quantity of corporate surety bonds issued by any 1 corporate surety as a percentage of the total quantity of coal mine reclamation bonds in any 1 State; ``(B) the minimum percentage of surety bonds unrelated to activities regulated pursuant to this Act required to reinsure corporate surety bonds; ``(C) the minimum collateralization required for corporate surety bonds; and ``(D) the minimum amount of cash assets required to be held by a corporate surety as a percentage of coal mine reclamation bonds issued by the corporate surety. ``(2) Existing corporate bonds.--Corporate surety bonds in existence on the date of enactment of this subsection must be modified or replaced as necessary by not later than 1 year after the date on which the rule is issued under paragraph (1). ``(h) Collateral Requirements.--Real property posted as collateral for a bond may not include-- ``(1) coal; ``(2) a coal mine; ``(3) land that includes a coal mine; ``(4) land that is located above a coal mine; ``(5) a coal processing facility; ``(6) a coal waste disposal site; ``(7) coal mining equipment unlikely to retain salvage or resale value; or ``(8) any other property determined by the Secretary. ``(i) Executive Compensation.--The Secretary may require the inclusion of executive compensation, including salaries and bonuses of officers and executives, of an applicant under this section, and any affiliated company, as collateral for a bond under this section.''.

Summary: Coal Cleanup Taxpayer Protection Act This bill amends the Surface Mining Control and Reclamation Act to prohibit the Office of Surface Mining and Reclamation Enforcement (OSMRE)and state regulatory authoritiesfrom accepting new self-bonds for coal reclamation.Additionally, any existing self-bonds or corporate bondsutilized for coal reclamationmust be converted to surety or collateral bonds. The OSMRE may approve state or federal alternative coal miningbond programs thatresult in no greater risk of financial liability to the federalgovernment than a surety or collateral bond program. The bill also requires the OSMRE to issue rules establishing limitations on surety bondsto minimize the financial liability to the federal or stategovernment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Act of 1964 Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) on December 1, 1955, Rosa Parks' brave act of defiance, refusing to give up her seat to a white person on a segregated bus in Montgomery, Alabama, galvanized the modern civil rights movement and led to the desegregation of the South; (2) on February 1, 1960, 4 college students, Joseph McNeil, Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to be served at a lunch counter in Greensboro, North Carolina, and lunch counter sit-ins began to occur throughout the South to challenge segregation in places of public accommodation; (3) on May 4, 1961, the Freedom Rides into the South began to test new court orders barring segregation in interstate transportation, and riders were jailed and beaten by mobs in several places, including Birmingham and Montgomery, Alabama; (4) Dr. Martin Luther King, Jr., was the leading civil rights advocate of the time, spearheading the civil rights movement in the United States during the 1950s and 1960s with the goal of nonviolent social change and full civil rights for African Americans; (5) on August 28, 1963, Dr. Martin Luther King, Jr., led over 250,000 civil rights supporters in the March on Washington and delivered his famous ``I Have A Dream'' speech to raise awareness and support for civil rights legislation; (6) Mrs. Coretta Scott King, a leading participant in the American civil rights movement, was side-by-side with her husband, Dr. Martin Luther King, Jr., during many civil rights marches, organized Freedom Concerts to draw attention to the Movement, and worked in her own right to create an America in which all people have equal rights; (7) the mass movement sparked by Rosa Parks and led by Dr. Martin Luther King, Jr., among others, called upon the Congress and Presidents John F. Kennedy and Lyndon B. Johnson to pass civil rights legislation which culminated in the enactment of the Civil Rights Act of 1964; (8) the Civil Rights Act of 1964 greatly expanded civil rights protections, outlawing racial discrimination and segregation in public places and places of public accommodation, in federally funded programs and employment and encouraging desegregation in public schools, and has served as a model for subsequent anti-discrimination laws; (9) we are an eminently better Nation because of Rosa Parks, Dr. Martin Luther King, Jr., and all those men and women who have confronted, and continue to confront, injustice and inequality wherever they see it; (10) equality in education was one of the cornerstones of the civil rights movement; (11) on September 10, 1961, Dr. Martin Luther King, Jr., wrote that African American ``students are coming to understand that education and learning have become tools for shaping the future and not devices of privilege for an exclusive few''; (12) over its long and distinguished history, the United Negro College Fund has provided scholarships and operating funds to its member colleges that have enabled more than 300,000 young African Americans to earn college degrees and become successful members of society; (13) those graduates include Dr. Martin Luther King, Jr., as well as leaders in the fields of education, science, medicine, law, entertainment, literature, the military, and politics who have made major contributions to the civil rights movement and the creation of a more equitable society; (14) Congress has an obligation to lead America's continued struggle to fight discrimination and ensure equal rights for all; and (15) the year 2014 will mark the semicentennial of the passage of the Civil Rights Act of 1964. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 350,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2014''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United Negro College Fund (UNCF) to carry out the purposes of the Fund, including providing scholarships and internships for minority students and operating funds and technology enhancement services for 39 member historically black colleges and universities. (c) Audits.--The United Negro College Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

Summary: Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Plan Participant Protection Act of 1998''. SEC. 2. DUTIES OF THE PENSION BENEFIT GUARANTY CORPORATION WHILE SERVING AS TRUSTEE OF TERMINATED PLAN. (a) In General.--Section 4042(d)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(d)(3)) is amended-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraphs: ``(B) The corporation is subject to the same requirements of reporting and disclosure in connection with a pension plan for which the corporation is serving as trustee pursuant to this section as those of any plan administrator of an employee pension benefit plan under part 1 of subtitle B of title I. ``(C) The corporation is subject to the same fiduciary duties in connection with a pension plan for which the corporation is serving as trustee pursuant to this section, including the determination and payment of plan benefits, as those of any fiduciary of an employee pension benefit plan under part 1 of subtitle B of title I. The corporation shall maintain such separate books and records and retain such separate counsel on its behalf as may be necessary for carrying out such duties. ``(D) For purposes of applying part 5 of subtitle B of title I in the enforcement of subparagraphs (B) and (C)-- ``(i) any civil monetary penalty which may be assessed by the Secretary of Labor against the corporation under any provision of section 502(c) shall be assessed in the full amount specified in such provision, ``(ii) a civil action against the corporation as fiduciary under section 502(a)(2) for relief under section 409 may be brought by any affected party, and, in any such action by an affected party in which the corporation is removed as trustee, the replacement trustee shall be selected by the court from any list of qualified candidates which may be provided by such affected party, and ``(iii) any review under section 502 by a district court of the United States of a benefit determination by the corporation shall be de novo. ``(E) In any case in which the corporation serves as trustee for a terminated pension plan pursuant to this section, the corporation shall issue its final determination regarding any benefit payable under the plan not later than one year after the date of the corporation's appointment as trustee. Any failure by the corporation to comply with the requirements of this subparagraph shall be deemed an action of the corporation upon which a cause of action may be brought against the corporation under section 4003(f)(1).''. (b) Conforming Amendment.--Section 4023 of such Act (29 U.S.C. 1323) is amended-- (1) by inserting ``(a)'' after ``Sec. 4023.''; and (2) by adding at the end the following new subsection: ``(b) Subsection (a) shall not apply with respect to the corporation while the corporation is serving in its fiduciary capacity in accordance with section 4042(d)(3)(B).''. SEC. 3. PARTICIPANTS' COMMITTEES. (a) In General.--Subtitle C of title IV of the Employee Retirement Income Security Act of 1974 is amended by inserting after section 4048 (29 U.S.C. 1348) the following new section: ``participants' committees ``Sec. 4049. (a) In General.-- ``(1) Appointment of committee.--Except as provided in paragraph (3), as soon as practicable after the appointment of a trustee under section 4042, the trustee shall appoint a committee of participants under the plan. ``(2) Requests for adequate representation.--On request of an affected party, the court may order the appointment of additional committees of participants if necessary to assure adequate representation of participants. The trustee shall appoint any such committee. ``(3) Small businesses.--On request of an affected party in a case in which the plan sponsor is a small business and for cause, the court may order that a committee of participants not be appointed. ``(b) Membership.--A committee of participants appointed under subsection (a) shall ordinarily consist of the persons, willing to serve, that were in pay status under the plan as of the date of the termination of the plan and have the seven largest nonforfeitable benefits under the plan, or of the members of a committee organized by participants before such date, if such committee was fairly chosen and is representative of the participants of the plan. ``(c) Powers and Duties of Committees.-- ``(1) Appointment of attorneys, accountants, etc.--At a scheduled meeting of a committee appointed under subsection (a), at which a majority of the members of such committee are present, and with the court's approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents to represent or perform services for such committee. ``(2) Preclusion of conflicts of interest.--An attorney or accountant employed to represent a committee appointed under subsection (a) may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more participants of the same class as represented by the committee shall not per se constitute the representation of an adverse interest. ``(3) Specific powers.--A committee appointed under subsection (a) may-- ``(A) consult with the trustee concerning the administration of the case, ``(B) investigate the acts, conduct, assets, liabilities, and financial condition of the plan, the operation of the plan sponsor's financial operations, and the desirability of the continuance of the plan, and any other matter relevant to the case, ``(C) participate in the formulation of the plan for distribution of plan assets, advise those represented by such committee of such committee's determinations as to any plan for distribution of the plan's assets, and collect and file with the court acceptances or rejections of the plan for distribution of plan assets, ``(D) request the court for the appointment of the committee or any other person as an alternative trustee, and ``(E) perform such other services as are in the interest of plan participants and beneficiaries. ``(4) Meeting with trustee.--As soon as practicable after the appointment of a committee under subsection (a), the trustee shall meet with such committee to transact such business as may be necessary and proper.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 4048 the following new item: ``Sec. 4049. Participants' committees.''. SEC. 4. TRUSTEESHIP OF TERMINATED PLANS. (a) In General.--Section 4042(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by inserting before paragraph (3) the following new paragraph: ``(2) The court may appoint the corporation, a participants' committee, or any other person to serve as trustee under paragraph (1). Upon the application of any two or more of the foregoing to serve as trustee, the determination of the court of which to appoint shall be based on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee with respect to participants and beneficiaries without conflicts of interest.''. (b) Payment or Reimbursement of Reasonable Fees and Expenses.-- Section 4042(h) of such Act (29 U.S.C. 1342(h)) is amended by adding at the end the following new paragraph: ``(3) The reasonable fees and expenses of a trustee appointed under this section (other than the corporation), of any participants' committee, and of any counsel, accountants, actuaries, and other professional service personnel shall be paid, directly or by means of reimbursement, from the assets of the terminated plan.''. SEC. 5. PARTICIPANT'S ADVOCATE. (a) In General.--Subtitle D of title IV of the Employee Retirement Income Security Act of 1974 is amended by adding after section 4071 (29 U.S.C. 1371) the following new section: ``office of participant's advocate ``(a) In General.--The Secretary of Labor shall establish in the Department of Labor an Office of Participant's Advocate, to be headed by a Participant's Advocate. ``(b) Functions.--The Participant's Advocate shall, upon request of participants of terminated pension plans-- ``(1) counsel participants and beneficiaries of such plans in connection with their rights to benefits thereunder, and ``(2) provide legal representation before the corporation and in court to such participants who have been denied benefits by the corporation. ``(c) Fees.--The Office shall require only such fees for its services as may be prescribed in regulations of the Secretary of Labor. ``(d) Staff.--The Participant's Advocate shall appoint such attorneys, actuaries, and accountants as may be necessary to assist the Participant's Advocate in carrying out the functions of the Office, and may appoint such additional personnel as may be necessary to provide adequate support for the Office. ``(e) Notice.--Each notice of a benefit determination issued by the corporation to a participant or beneficiary under a terminated pension plan shall include a notice (in such form as shall be prescribed in regulations of the Secretary of Labor) describing the services of the Participant's Advocate's Office.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 4071 the following new item: ``Sec. 4071. Office of Participant's Advocate.''. (c) Effective Date.--The Secretary of Labor shall establish the Office of Participant's Advocate pursuant to the amendments made by this section not later than one year after the date of the enactment of this Act. SEC. 6. RULES GOVERNING TRUSTEESHIP BY THE CORPORATION. (a) In General.--Section 4042 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1342) is amended by adding at the end the following new subsection: ``(i) In any case in which the corporation serves as trustee of a terminated pension plan under this section-- ``(1) the corporation shall segregate assets of the terminated plan from the assets of any other plan or any other assets held by the corporation, ``(2) the corporation may not use any assets of the plan for any purpose other than payment of benefits or reasonable administrative expenses directly attributable to the termination and administration of the plan, excluding any generally applicable overhead expenses of the corporation, and ``(3) the corporation shall obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process.''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to plan terminations-- (1) the termination date for which occurs on or after January 1, 1990, and (2) for which the final distribution of assets occurs on or after the date of the enactment of this Act.

Summary: Pension Plan Participant Protection Act of 1998 - Amends the Employee Retirement Income Security Act of 1974 to set forth certain protections for participants and beneficiaries of terminated pension plans. (Sec. 2) Subjects the Pension Benefit Guaranty Corporation (PBGC) to specified fiduciary duties and to reporting, disclosure, and other requirements while it serves as trustee of a terminated pension plan. Provides for assessment of civil penalties against the PBGC for violation of such requirements and duties. Allows any affected party to bring a civil action for relief against the PBGC as fiduciary. Requires the court, in any such action in which the PBGC is removed as trustee, to select the replacement trustee from a list of qualified candidates provided by the affected party. Requires the PBGC to issue its final determination regarding any benefit payable under a terminated pension plan within one year after the date of its appointment as plan trustee. Requires any review of such a PBGC benefit determination by a Federal district court to be de novo. (Sec. 3) Requires the plan trustee to appoint a committee of participants. Authorizes the court, on request of an affected party, to order: (1) the trustee to appoint additional participants' committees if necessary to assure adequate representation; and (2) that a committee of participants not be appointed in a case in which the plan sponsor is a small business. (Sec. 4) Authorizes the appropriate Federal district court to appoint as the trustee of a terminated pension plan the PBGC, a participants' committee, or any other person. Requires the court, if two or more entities apply to serve as trustee, to base the appointment on its determination of which applicant is most qualified to carry out the fiduciary duties of the trustee without conflicts of interest. Requires payment or reimbursement of reasonable fees or expenses of any trustee other than the PBGC. (Sec. 5) Directs the Secretary of Labor to establish in the Department of Labor an Office of Participant's Advocate, headed by a Participant's Advocate, which shall: (1) counsel participants and beneficiaries in connection with their benefits rights; and (2) provide legal representation before the PBGC and in court to participants denied benefits by the PBGC. (Sec. 6) Requires the PBGC, as a trustee of a terminated plan, to: (1) segregate the plan's assets from those of any other plan or any other assets held by the PBGC; (2) use the plan's assets only for payment of benefits or reasonable administrative expenses directly attributable to the plan's termination and administration (excluding any generally applicable overhead expenses of the PBGC); and (3) obtain the services of independent contractors in connection with the termination or administration of the plan only through a competitive bidding process.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act'' or the ``Promoting SUCCESS Act''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) reduce childhood obesity through increased physical activity and healthy lifestyle choices; and (2) strengthen high school graduation rates by reducing summer learning loss. SEC. 3. GRANTS AUTHORIZED. From the amounts appropriated under section 11, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out a summertime learning pilot program. SEC. 4. APPLICATION. To receive a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. An application shall include-- (1) a description of the needs of the youth population that will be served under the grant, including any data with respect to such youth that supports a need for the grant, including data on-- (A) summer learning loss; (B) academic achievement; (C) physical activity; (D) childhood obesity; and (E) any other relevant needs facing the youth population; (2) a description of the balanced array of activities that will be undertaken with the grant funds to address the needs of the youth population described in paragraph (1) to reduce summer learning loss, strengthen academic achievement, increase physical activity, reduce childhood obesity, and promote youth development; (3) in the case of an eligible entity consisting of at least 1 nonprofit or for-profit organization offering camp activities, a description of how the eligible entity will work with the local educational agencies and schools serving the youth participating in activities funded under the grant to-- (A) provide activities that complement the academic curriculum taught to the students; and (B) address the academic and developmental needs of the students; (4) specific goals, strategies, and performance measures related to the academic and developmental outcomes expected to be achieved under the grant, including the number of indicators of performance described in subsection 7(b)(2), and the level of performance (as measured by level of performance measure described in section 7(b)(3)) on each of the indicators, expected to be achieved; and (5) an outreach strategy, including-- (A) a description of how parents will be informed of the opportunities made available under the grant; and (B) a description of how diverse participants and staff will be recruited to participate in such opportunities. SEC. 5. PRIORITY. The Secretary shall give priority to eligible entities-- (1) proposing to target services to students who attend schools that have been identified as in need of improvement under section 1116 of the Elementary and Secondary Education Act of 1965; (2) that consist of not less than 1-- (A) nonprofit or for-profit organization offering camp activities; or (B) a local educational agency receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965; and (3) proposing to provide at least 1 activity from 3 or more categories described in section 6(b). SEC. 6. ALLOWABLE USES OF FUNDS. (a) In General.--An eligible entity receiving funds under this Act shall use such funds-- (1) to carry out a summertime learning pilot program that provides the camp activities described in subsection (b) for students during the period beginning with the summer after grade 5 through the summer before grade 10 to increase on-time promotion to the next grade level, reduce summer learning loss, strengthen academic achievement, increase physical activity, promote healthy lifestyle choices, and promote positive youth development; (2) to provide training and technical assistance to pilot program staff in areas such as-- (A) shared leadership; (B) the cultural needs of students; (C) how to attract and effectively serve diverse students and staff; and (D) experiential learning as a teaching strategy; (3) for the evaluation and data collection necessary to submit annual reports under section 7(a); and (4) for reasonable costs associated with program coordination and administration. (b) Camp Activities.--The camp activities described in this subsection include activities in areas such as-- (1) academic achievement, including-- (A) activities related to literacy; (B) tutoring or mentoring to promote academic achievement; (C) nature-based activities that promote achievement in science, technology, engineering, and math; and (D) other activities developed to reduce summer learning loss and increase on-time promotion to the next grade level; (2) health and wellness activities, including activities that encourage-- (A) eating 5 fruits and vegetables a day; (B) limiting computer and television screen time; (C) striving for 1 hour of physical activity a day; and (D) limiting sugar-sweetened drinks; (3) independent living skills, including skills related to-- (A) personal appearance and hygiene; (B) first aid; (C) health; (D) emergency and safety; (E) knowledge of community resources; and (F) interpersonal skills; (4) environmental stewardship, including activities related to-- (A) nature-based civic engagement; (B) service learning; (C) environmental awareness; and (D) other community-based improvement activities; (5) leadership development, including activities related to-- (A) leadership competencies; (B) leadership styles; (C) conflict-management; (D) communication; (E) character development; (F) working effectively with others; (G) emotional self-regulation; (H) team building; (I) making positive choices; and (J) mobilizing groups to solve problems; and (6) workforce preparation, including a range of introductory workforce experiences (such as staff training, workplace etiquette, employee and supervisor relationships, performance feedback, workforce training, and care-giving and supervision of youth). SEC. 7. ACCOUNTABILITY. (a) Annual Reporting.--An eligible entity receiving a grant under this Act shall submit an annual report to the Secretary at such time, in such manner, and providing such information as the Secretary may require, including-- (1) information on the number, and demographic information, of the children served under the summertime learning pilot program carried out with the grant funds; (2) the camp activities provided under the program; and (3) an evaluation of the program using the indicators of performance described in subsection (b)(2) and the level of performance measure described in subsection (b)(3). (b) Independent Evaluation.-- (1) In general.--From the amounts appropriated under section 11 to carry out this subsection, the Secretary shall award a grant or a contract to an independent entity outside of the Department of Education to carry out an evaluation of the grants provided under this Act. Such evaluation shall evaluate the summertime learning pilot program carried out by each eligible entity using a grant under this Act by-- (A) analyzing and documenting the strategies (for increasing on-time promotion to the next grade level, reducing summer learning loss, strengthening academic achievement, increasing physical activity, promoting healthy lifestyle choices, and promoting positive youth development) implemented by the eligible entities under the program, and the key lessons learned by the entity (such as lessons with respect to program design, collaboration among nonprofit organizations, local educational agencies, and schools that offer camps, and program implementation); (B) measuring progress toward the goals identified under subparagraph (A) through the strategies identified under such subparagraph; (C) evaluating the performance of the program using the indicators of performance described in paragraph (2); and (D) determining the level of performance achieved on each such indicator of performance as measured by the level of performance measure described in paragraph (3). (2) Indicators of performance.--The indicators of performance described in this paragraph shall consist of the following: (A) The number and percentage of students served in grade 5 through grade 9 who are promoted to the next grade level on-time. (B) The number and percentage of students passing the State's academic assessments in reading and mathematics required under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)). (C) Student school behavior during the summer and the regular school year, as measured by truancy or teacher or principal behavior reports. (D) Number or percentage of students participating in 60 minutes or more of moderate-vigorous physical activity during the program. (E) Developmental outcomes of the students, including-- (i) positive self-identity; (ii) social and interpersonal skills; (iii) responsibility and independence; (iv) positive values and character; (v) creativity and exploration; and (vi) leadership and civic engagement. (3) Level of performance measure.--For each indicator of performance described in paragraph (2), the Secretary, in coordination with eligible entities, shall develop a level of performance measure expressed in an objective and quantifiable form that measures the level of performance achieved by the eligible entity on such indicator. SEC. 8. TECHNICAL ASSISTANCE AND BEST PRACTICES. From the amounts appropriated under section 11, the Secretary shall provide a grant or contract to 1 or more national nonprofit organizations to collect best practices from among grantees under this Act and provide grantees with training, technical assistance, and professional development. A national organization receiving a grant or contract under this section shall have demonstrated expertise in providing technical assistance and training on quality activities for children and youth during the summer, and shall have experience implementing a national system of accreditation to strengthen the quality of summer camp experiences for children and youth. SEC. 9. MATCHING FUNDS. (a) In General.--The Secretary shall require each eligible entity receiving a grant under this Act to provide matching funds from non- Federal sources in an amount determined under subsection (b). (b) Determination of Amount of Match.-- (1) Sliding scale.--Subject to paragraph (2), the Secretary shall determine the amount of matching funds to be required of an eligible entity under this subsection based on a sliding fee scale that takes into account-- (A) the poverty level of the population to be targeted by the eligible entity; and (B) the ability of the eligible entity to obtain such matching funds. (2) Maximum amount.--The Secretary may not require any eligible entity under this section to provide matching funds in an amount that exceeds the amount of the grant award under this Act. (3) Level of poverty.--In determining the poverty level for purposes of subparagraph (A), the Secretary shall use the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) In-Kind Contributions.--The Secretary shall permit eligible entities under this section to match funds in whole or in part with in- kind contributions. (d) Consideration.--Notwithstanding this section, the Secretary shall not consider an applicant's ability to match funds when determining which applicants will receive grants under this Act. SEC. 10. DEFINITIONS. In this Act: (1) Camp activities.--The term ``camp'' refers to an intentional set of evidence-based youth development and academic activities taking place primarily during the summer weeks when school is not in regular session. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a nonprofit organization; (B) a for-profit organization, (C) a local educational agency; and (D) a consortium of 2 or more local educational agencies. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2011 through 2015. (b) Allocations.--Of the amount appropriated under subsection (a), the Secretary shall use-- (1) not less than 90 percent for grants to eligible entities under this Act; and (2) not more than the greater of 10 percent or $5,000,000 for technical assistance and evaluations under sections 7(b) and 8.

Summary: Promoting Students Using the Camp Community for Enrichment, Strength, and Success Act or the Promoting SUCCESS Act - Directs the Secretary of Education to award competitive matching grants to nonprofit organizations, for-profit organizations, and local educational agencies to carry out summertime learning pilot programs for students during their summers after grades five through nine. Requires such programs to provide students with camp activities geared toward: (1) reducing childhood obesity through increased physical activity and healthy lifestyle choices; (2) strengthening high school graduation rates by reducing summer learning loss and improving academic achievement; and (3) promoting positive youth development. Directs the Secretary to arrange for an independent evaluation of the pilot programs. Requires the Secretary to provide a grant or contract to one or more national nonprofit organizations to collect best practices from among this Act's grantees and provide grantees with training, technical assistance, and professional development.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations Oil-for-Food Accountability Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil- for-Food Program of the United Nations. (2) The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for- food program, representing approximately $1,400,000,000, to fund the administrative costs of the program. (3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq. (4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices. (6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for- food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts. (8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program. SEC. 3. OIL-FOR-FOOD PROGRAM DEFINED. In this Act, the term ``oil-for-food program'' means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. SEC. 4. PAYMENT OF UNITED STATES CONTRIBUTIONS FOR UNITED NATIONS REGULAR BUDGET CONTINGENT UPON PRESIDENTIAL CERTIFICATION OF UNITED NATIONS COOPERATION. (a) Withholding of Portion of Assessed Contributions.--Until the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification.--The certification referred to in subsection (a) is a certification made by the President to Congress that-- (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations; (2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations, that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil- for-food program; and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.

Summary: United Nations Oil-for-Food Accountability Act of 2004 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``TANF Recipients' Lifeline Act''. SEC. 2. REPEAL OF 5-YEAR LIMIT ON BENEFITS. (a) In General.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by striking paragraph (7). (b) Conforming Amendment.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by striking paragraph (9). SEC. 3. EXCEPTION FOR TANF TO 5-YEAR BAN ON BENEFITS FOR QUALIFIED ALIENS. (a) In General.--Section 403(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended by adding at the end the following: ``(L) Benefits under the Temporary Assistance for Needy Families program described in section 402(b)(3)(A).''. (b) Conforming Amendments.--Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended-- (1) in subparagraph (A)(ii) by striking ``subparagraph (C))'' and inserting ``subparagraphs (A) and (C))''; and (2) by striking subparagraph (B). SEC. 4. REQUIREMENT TO PROVIDE TRANSLATION SERVICES FOR NON-ENGLISH SPEAKERS. (a) Requirement.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Use of bilingual personnel and printed material.--A State to which a grant is made under section 403 shall use appropriate bilingual personnel and printed material in the administration of the State program funded under this part in those portions of the political subdivisions in the State in which a substantial number of recipients of assistance under the State program speak a language other than English.''. (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(15) Failure to use bilingual personnel and printed material.--If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has violated section 408(a)(12) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 2 percent of the State family assistance grant.''. SEC. 5. INFLATION ADJUSTMENT OF BLOCK GRANT. (a) Extension of Block Grant.--Section 403(a)(1)(A) of the Social Security Act (42 U.S.C. 603(a)(1)(A)) is amended by striking ``1996'' and all that follows through ``2002'' and inserting ``2002 through 2005''. (b) Inflation Adjustment.--Section 403(a)(1) of such Act (42 U.S.C. 603(a)(1)) is amended-- (1) in subparagraph (B)-- (A) by striking ``means the greatest of--'' and inserting ``means, with respect to a fiscal year specified in subparagraph (A)-- ``(i) the greatest of--''; (B) by redesignating each of clauses (i), (ii)(I), (ii)(II), and (iii) as subclauses (I), (II)(aa), (II)(bb), and (III), respectively; (C) by indenting each of the provisions specified in subparagraph (B) of this paragraph 2 additional ems to the right; (D) by striking the period and inserting ``; mulitplied by''; and (E) by adding at the end the following: ``(ii) if the fiscal year specified in subparagraph (A) is-- ``(I) fiscal year 2002 or 2003, 1.00; or ``(II) fiscal year 2004 or 2005, 1.00 plus the inflation percentage (as defined in subparagraph (F) of this paragraph) in effect for the fiscal year specified in subparagraph (A).''; and (2) by adding at the end the following: ``(F) Inflation percentage.--For purposes of subparagraph (B) of this paragraph, the inflation percentage applicable to a fiscal year is the percentage (if any) by which-- ``(i) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on September 30 of the immediately preceding fiscal year; exceeds ``(ii) the average of the Consumer Price Index (as so defined) for the 12-month period ending on September 30, 2002.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2002.

Summary: TANF Recipients' Lifeline Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to: (1) repeal the five year limit on TANF benefits; (2) require a State to which a TANF grant is made to use appropriate bilingual personnel and printed material in the administration of the State program in those portions of the State in which a substantial number of TANF recipients speak a language other than English; and (3) provide for inflation adjustment of the TANF block grant.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to exempt TANF benefits from the ban on Federal means-tested public benefits for qualified aliens for the first five years after lawful entry into the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``NSA Internal Watchdog Act''. SEC. 2. INSPECTOR GENERAL OF THE NATIONAL SECURITY AGENCY. (a) Elevation of Inspector General Status.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 8G(a)(2), by striking ``the National Security Agency,''; and (2) in section 12-- (A) in paragraph (1), by inserting ``the Director of the National Security Agency;'' after ``Export- Import Bank;''; and (B) in paragraph (2), by inserting ``the National Security Agency,'' after ``the National Aeronautics and Space Administration,''. (b) Date of Appointment.--Not later than 90 days after the date of the enactment of this Act, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition Rule.--An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)-- (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. SEC. 3. ANNUAL REVIEW OF MECHANISMS FOR REPORTING EMPLOYEE OR CONTRACTOR COMPLAINTS. Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subparagraph: ``(E) In the case of the Inspector General of the National Security Agency, a review of the mechanisms for submitting complaints that are available to an employee of or contractor to the National Security Agency and any recommendations of the Inspector General for improving such mechanisms.''. SEC. 4. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY. The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: ``SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY. ``(a) General Counsel to the Inspector General.-- ``(1) In general.--There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. ``(2) Duties.--The General Counsel to the Inspector General of the National Security Agency shall-- ``(A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; ``(B) provide legal services only to the Inspector General of the National Security Agency; ``(C) perform such functions as the Inspector General may prescribe; and ``(D) serve at the discretion of the Inspector General. ``(3) Office of the general counsel.--There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. ``(b) Testimony.-- ``(1) Authority to compel.--The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. ``(2) Refusal to obey.--A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. ``(3) Notification.--The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. ``(c) Prohibitions on Investigations for National Security Reasons.-- ``(1) Evaluations of prohibitions.--Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. ``(2) Inclusion in semi-annual report.--The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. ``(d) Standard for Audits and Investigations.--In carrying out any audit or investigation of a surveillance or data collection program, the Inspector General shall-- ``(1) assess the impact of such program on civil rights and civil liberties; ``(2) assess the effectiveness and use, including any improper or illegal use, of such program; and ``(3) make any recommendations the Inspector General considers appropriate to improve the protection of civil rights and civil liberties in the operation of such program. ``(e) Availability of Reports.-- ``(1) Availability.--Each report to Congress or a committee of Congress by the Inspector General shall be made available to all Members of Congress. ``(2) Member of congress defined.--In this subsection, the term `Member of Congress' means a Senator, a Member of the House of Representatives, or a Delegate or Resident Commissioner to the Congress.''. SEC. 5. AUDIT OF SURVEILLANCE PROGRAMS AND BACKGROUND INVESTIGATIONS. (a) Audit.--The Inspector General of the National Security Agency appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act shall perform a comprehensive audit of-- (1) the effectiveness and use, including improper or illegal use, of surveillance and data collection programs of the National Security Agency, including programs conducted pursuant to sections 501 and 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a); (2) the interactions between the National Security Agency and the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), including the accuracy of the information provided to such court by the Agency and the compliance of the Agency with orders of such court; and (3) the process for conducting background investigations of persons for purposes of employment or potential employment by the National Security Agency or for receiving access to classified information. (b) Report.--Not later than 180 days after the date on which the Inspector General of the National Security Agency is appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act, the Inspector General of the National Security Agency shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a). (c) Rule of Construction.--Nothing in this section shall be construed to alter the responsibility of the Inspector General of the National Security Agency to conduct audits or investigations of the surveillance programs of the National Security Agency and the background investigation process for employment or access to classified information on an ongoing basis in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

Summary: NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). (Currently, the NSA Inspector General is appointed by the NSA Director.) Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints. Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General. Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties. Requires the Inspector General's reports to Congress to be made available to all Members of Congress. Directs the Inspector General to audit and report to Congress regarding the effectiveness and use (including improper or illegal use) of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items); and (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States. Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information.