SECTION 1. SHORT TITLE. This Act may be cited as the ``Bar Removal of Individuals who Dream and Grow our Economy Act'' or the ``BRIDGE Act''. SEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS. (a) In General.--Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end the following: ``SEC. 244A. PROVISIONAL PROTECTED PRESENCE. ``(a) Definitions.--In this section: ``(1) DACA recipient.--The term `DACA recipient' means an alien who is in deferred action status on the date of the enactment of this section pursuant to the Deferred Action for Childhood Arrivals (`DACA') Program announced on June 15, 2012. ``(2) Felony.--The term `felony' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status) punishable by imprisonment for a term exceeding one year. ``(3) Misdemeanor.--The term `misdemeanor' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status, a significant misdemeanor, and a minor traffic offense) for which-- ``(A) the maximum term of imprisonment is greater than five days and not greater than one year; and ``(B) the individual was sentenced to time in custody of 90 days or less. ``(4) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(5) Significant misdemeanor.--The term `significant misdemeanor' means a Federal, State, or local criminal offense (excluding a State or local offense for which an essential element was the alien's immigration status) for which the maximum term of imprisonment is greater than five days and not greater than one year that-- ``(A) regardless of the sentence imposed, is a crime of domestic violence (as defined in section 237(a)(2)(E)(i)) or an offense of sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, or driving under the influence if the State law requires, as an element of the offense, the operation of a motor vehicle and a finding of impairment or a blood alcohol content of .08 or higher; or ``(B) resulted in a sentence of time in custody of more than 90 days, excluding an offense for which the sentence was suspended. ``(6) Threat to national security.--An alien is a `threat to national security' if the alien is-- ``(A) inadmissible under section 212(a)(3); or ``(B) deportable under section 237(a)(4). ``(7) Threat to public safety.--An alien is a `threat to public safety' if the alien-- ``(A) has been convicted of an offense for which an element was participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code); or ``(B) has engaged in a continuing criminal enterprise (as defined in section 408(c) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 848(c))). ``(b) Authorization.--The Secretary-- ``(1) shall grant provisional protected presence to an alien who files an application demonstrating that he or she meets the eligibility criteria under subsection (c) and pays the appropriate application fee; ``(2) may not remove such alien from the United States during the period in which such provisional protected presence is in effect unless such status is rescinded pursuant to subsection (g); and ``(3) shall provide such alien with employment authorization. ``(c) Eligibility Criteria.--An alien is eligible for provisional protected presence under this section and employment authorization if the alien-- ``(1) was born after June 15, 1981; ``(2) entered the United States before attaining 16 years of age; ``(3) continuously resided in the United States between June 15, 2007, and the date on which the alien files an application under this section; ``(4) was physically present in the United States on June 15, 2012, and on the date on which the alien files an application under this section; ``(5) was unlawfully present in the United States on June 15, 2012; ``(6) on the date on which the alien files an application for provisional protected presence-- ``(A) is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under State law, or in passing a general educational development exam or other State-authorized exam; ``(B) has graduated or obtained a certificate of completion from high school; ``(C) has obtained a general educational development certificate; or ``(D) is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; ``(7) has not been convicted of-- ``(A) a felony; ``(B) a significant misdemeanor; or ``(C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; and ``(8) does not otherwise pose a threat to national security or a threat to public safety. ``(d) Duration of Provisional Protected Presence and Employment Authorization.--Provisional protected presence and the employment authorization provided under this section shall be effective until the date that is three years after the date of the enactment of this section. ``(e) Status During Period of Provisional Protected Presence.-- ``(1) In general.--An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on the date described in subsection (d). ``(2) Status outside period.--The granting of provisional protected presence under this section does not excuse previous or subsequent periods of unlawful presence. ``(f) Application.-- ``(1) Age requirement.-- ``(A) In general.--An alien who has never been in removal proceedings, or whose proceedings have been terminated before making a request for provisional protected presence, shall be at least 15 years old on the date on which the alien submits an application under this section. ``(B) Exception.--The age requirement set forth in subparagraph (A) shall not apply to an alien who, on the date on which the alien applies for provisional protected presence, is in removal proceedings, has a final removal order, or has a voluntary departure order. ``(2) Application fee.-- ``(A) In general.--The Secretary may require aliens applying for provisional protected presence and employment authorization under this section to pay a reasonable fee that is commensurate with the cost of processing the application. ``(B) Exemption.--An applicant may be exempted from paying the fee required under subparagraph (A) if the alien-- ``(i)(I) is younger than 18 years of age; ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level; and ``(III) is in foster care or otherwise lacking any parental or other familial support; ``(ii) is younger than 18 years of age and is homeless; ``(iii)(I) cannot care for himself or herself because of a serious, chronic disability; and ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level; or ``(iv)(I) as of the date on which the alien files an application under this section, has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and ``(II) received total income during the 12- month period immediately preceding the date on which the alien files an application under this section that is less than 150 percent of the United States poverty level. ``(3) Removal stayed while application pending.--The Secretary may not remove an alien from the United States who appears prima facie eligible for provisional protected presence while the alien's application for provisional protected presence is pending. ``(4) Aliens not in immigration detention.--An alien who is not in immigration detention, but who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, may apply for provisional protected presence under this section if the alien appears prima facie eligible for provisional protected presence. ``(5) Aliens in immigration detention.--The Secretary shall provide any alien in immigration detention, including any alien who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, who appears prima facie eligible for provisional protected presence, upon request, with a reasonable opportunity to apply for provisional protected presence under this section. ``(6) Confidentiality.-- ``(A) In general.--The Secretary shall protect information provided in applications for provisional protected presence under this section and in requests for consideration of DACA from disclosure to U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection for the purpose of immigration enforcement proceedings. ``(B) Referrals prohibited.--The Secretary may not refer individuals whose cases have been deferred pursuant to DACA or who have been granted provisional protected presence under this section to U.S. Immigration and Customs Enforcement. ``(C) Limited exception.--The information submitted in applications for provisional protected presence under this section and in requests for consideration of DACA may be shared with national security and law enforcement agencies-- ``(i) for assistance in the consideration of the application for provisional protected presence; ``(ii) to identify or prevent fraudulent claims; ``(iii) for national security purposes; and ``(iv) for the investigation or prosecution of any felony not related to immigration status. ``(7) Acceptance of applications.--Not later than 60 days after the date of the enactment of this section, the Secretary shall begin accepting applications for provisional protected presence and employment authorization. ``(g) Rescission of Provisional Protected Presence.--The Secretary may not rescind an alien's provisional protected presence or employment authorization granted under this section unless the Secretary determines that the alien-- ``(1) has been convicted of-- ``(A) a felony; ``(B) a significant misdemeanor; or ``(C) three or more misdemeanors not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct; ``(2) poses a threat to national security or a threat to public safety; ``(3) has traveled outside of the United States without authorization from the Secretary; or ``(4) has ceased to continuously reside in the United States. ``(h) Treatment of Brief, Casual, and Innocent Departures and Certain Other Absences.--For purposes of subsections (c)(3) and (g)(4), an alien shall not be considered to have failed to continuously reside in the United States due to-- ``(1) brief, casual, and innocent absences from the United States during the period beginning on June 15, 2007, and ending on August 14, 2012; or ``(2) travel outside of the United States on or after August 15, 2012, if such travel was authorized by the Secretary. ``(i) Treatment of Expunged Convictions.--For purposes of subsections (c)(7) and (g)(1), an expunged conviction shall not automatically be treated as a disqualifying felony, significant misdemeanor, or misdemeanor, but shall be evaluated on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the alien should be eligible for provisional protected presence under this section. ``(j) Effect of Deferred Action Under Deferred Action for Childhood Arrivals Program.-- ``(1) Provisional protected presence.--A DACA recipient is deemed to have provisional protected presence under this section through the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application. ``(2) Employment authorization.--If a DACA recipient has been granted employment authorization by the Secretary in addition to deferred action, the employment authorization shall continue through the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application. ``(3) Effect of application.--If a DACA recipient files an application for provisional protected presence under this section not later than the expiration date of the alien's deferred action status, as specified by the Secretary in conjunction with the approval of the alien's DACA application, the alien's provisional protected presence, and any employment authorization, shall remain in effect pending the adjudication of such application.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after the item relating to section 244 the following: ``Sec. 244A. Provisional protected presence.''.

Summary: Bar Removal of Individuals who Dream and Grow our Economy Act or the BRIDGE Act This bill amends the Immigration and Nationality Act to provide that the Department of Homeland Security (DHS): (1) shall grant a three-year provisional protected presence to a qualifying alien, (2) may not remove the alien from the United States unless such protected presence is rescinded, and (3) shall provide such alien with employment authorization. An alien is eligible for such protected presence and employment authorization if the alien: (1) was born after June 15, 1981; (2) entered the United States before attaining 16 years of age; (3)    continuously resided in the United States since June 15, 2007; (4) was physically but unlawfully present in the United States on June 15; (5) on the date the alien files an application the alien is present in the United States, is enrolled in school or in an education program assisting students in obtaining a high school diploma, has graduated or obtained a certificate of completion from high school or a general educational development certificate, or is an honorably discharged U.S. Coast Guard or Armed Forces veteran; (6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same act; and (7) does not otherwise pose a threat to national security or a threat to public safety. The bill: (1) provides for confidentiality of application information, with certain national security and law enforcement exceptions; and (2) sets forth the criteria under which DHS may rescind protected presence. An alien granted protected presence is not considered to be unlawfully present in the United States during such period. An alien must be at least 15 years old, unless in removal proceedings, to apply for protected presence. DHS may provide for an application fee and for fee exemptions. DHS may not: (1) remove an alien who appears prima facie eligible for protected presence while the alien's application is pending, or (2) refer individuals whose cases have been deferred pursuant to the Deferred Action for Childhood Arrivals Program (DACA) or who have been granted protected presence to U.S. Immigration and Customs Enforcement. A DACA alien is deemed to have protected presence through the expiration date of his or her deferred action status.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Health Care Eligibility Reform Act of 1994''. SEC. 2. VETERANS HEALTH CARE ELIGIBILITY REFORM. Chapter 17 of title 38, United States Code, is amended as follows: (1) Section 1701 is amended by adding at the end the following new paragraphs: ``(10) The term `continuum of health care' includes specialized treatment and rehabilitative services of the Department, including comprehensive prevention and health screening programs and services to treat needs of disabled veterans with spinal cord dysfunction, blindness, prosthetics, and mental illness. ``(11) The term `noninstitutional long-term care' includes the following services: ``(A) Hospital-based home care. ``(B) Adult day health care. ``(C) Fee basis care. ``(D) Hospice care. ``(E) Homemaker services. ``(F) Home health aid. ``(G) Case management services. ``(H) Congregate meals. ``(I) Home delivered meals. ``(J) Senior center services. ``(K) Shopping and transportation services. ``(L) Phone check services.''. (2) Section 1710(a)(1) is amended by striking out ``shall furnish'' and all that follows through ``which the'' and inserting in lieu thereof ``shall furnish a continuum of health care (including hospital care, outpatient medical services provided on an outpatient or ambulatory basis, and noninstitutional long-term care) which the''. (3) Subchapter II is amended by inserting after section 1710 the following new section: ``Sec. 1710A. Institutional long-term care for certain veterans ``(a) The Secretary shall provide institutional nursing home care to any veteran who is described in subparagraph (A) or (D) of section 1710(a)(1), or in subparagraph (C) of section 1712(a)(1), of this title or who is in receipt of pension from the Secretary. ``(b) If a veteran who is provided nursing home care by reason of subsection (a) is also eligible for payment for the costs of nursing home care under a State plan title XIX of the Social Security Act, the Secretary shall be entitled to recover from that State plan the amount that the State plan would pay for that care if provided by an authorized provider. For purposes of this subsection, the veteran shall be deemed to have paid any deductible or copayment otherwise required as a condition of payment by the State plan.''. (4) Section 1710(d) is amended by inserting ``1710A or'' after ``section''. (5) Subchapter III is amended by inserting after section 1729 the following new section: ``Sec. 1729A. Medicare coverage and reimbursement ``(a) For purposes of any program administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act, a Department facility shall be deemed to be a Medicare provider. ``(b)(1) A VA medical center (or group of medical centers) shall be considered to be a Medicare HMO. ``(2) For purposes of this section, the term `Medicare HMO' means an eligible organization under section 1876 of the Social Security Act. ``(c) In the case of care for a non-service-connected disability that is provided to a veteran who is eligible for benefits under the Medicare program under title XVIII of the Social Security Act, the Secretary of Health and Human Services shall reimburse a Department health-care facility providing services as a Medicare provider or Medicare HMO in the same amounts and under the same terms and conditions as that Secretary reimburses other Medicare providers or Medicare HMOs, respectively. The Secretary of Health and Human Services shall include with each such reimbursement a Medicare explanation of benefits. ``(d) In the case of a veteran whose eligibility for hospital care from the Department is by reason of section 1710(a)(2) of this title, the Secretary shall, when providing care to the veteran for which the Secretary receives reimbursement under this section, require the veteran to pay to the Department any applicable deductible or copayment that is not covered by Medicare.''. SEC. 3. PLAN FOR ENTITLEMENT TO INSTITUTIONAL NURSING HOME CARE FOR OTHER VETERANS. (a) Establishment of Plan.--The Secretary of Veterans Affairs shall develop a plan to implement (over a specified period of years) the provision of institutional long-term care for any veteran described in subsection (b). The plan may provide for the provision of institutional long-term care through facilities of the Department of Veterans Affairs or through a long-term care insurance contract, or a combination thereof. In specifying benefits, or a proposed range of benefits, under the plan, the Secretary shall consider a representative range of the different types of health benefits provisions (which include cost- sharing) typically offered as long-term institutional care coverage in the small employer health coverage market. (b) Covered Veterans.--The plan shall propose to cover any veteran not covered by section 1710A of title 38, United States Code, as added by section 2, who-- (1) has a service-connected disability rated at less than 50 percent; (2) has an annual income (as determined under section 1503 of such title) that does not exceed three times the maximum annual rate of pension that would be applicable to the veteran if the veteran were eligible for pension under section 1521(d) of such title; (3) has a catastrophic nonservice-connected disability (as defined by the Secretary); or (4) requires institutional long-term care as a follow up to inpatient care, as authorized under section 1720 of this title. (c) Premiums and Copayments.--The plan shall include the establishment of a schedule of premiums and copayments for care provided through Department of Veterans Affairs institutional care programs in effect on the day before the date of the enactment of this Act. The plan shall specify a range of premiums and copayments that would apply based upon different combinations of levels of payments by the Government, copayments, and premiums, as specified in the plan. (d) Long-Term Care Insurance Contract.--For purposes of this section, the term `long-term care insurance contract' means any insurance contract issued if-- (1) the only insurance protection provided under the contract is coverage of institutional long-term care services (as specified in the contract) and benefits incidental to such coverage, (2) the maximum benefit under the policy for expenses incurred for any day does not exceed $200, (3) the contract does not cover expenses incurred for services or items to the extent that such expenses are reimbursable under title XVIII of the Social Security Act or would be so reimbursable but for the application of a deductible or coinsurance amount, (4) the contract is guaranteed renewable, (5) the contract does not have any cash surrender value, and (6) all refunds of premiums, and all policyholder dividends or similar amounts, under the contract are to be applied as a reduction in future premiums or to increase future benefits. (e) Report to Congress.--Not later than September 30, 1996, the Secretary shall submit to Congress a report on the plan. The report shall include-- (1) a cost analysis, including a range of premiums and copayments and Government cost-sharing; (2) a discussion of the cost of establishing a long-term care insurance program for veterans described in subsection (b) using contract authority (if such contract authority is provided by law); and (3) a draft of legislation to make any necessary changes in law to enable the Department to implement the plan. SEC. 4. ENROLLMENT SYSTEM FOR OTHER PERSONS. (a) In General.--(1) Title 38, United States Code, is amended by inserting after chapter 17 the following new chapter: ``CHAPTER 18--VA GROUP HEALTH PLAN ``Sec. ``1801. Definitions. ``1802. VA Group Health Plan. ``1803. Enrollment. ``1804. Limitation on preexisting conditions. ``1805. Plan to be self supporting. ``1806. Annual report. ``Sec. 1801. Definitions ``For purposes of this chapter: ``(1) The term `eligible veteran' means any veteran other than a veteran eligible for health care under section 1710(a)(1) of this title. ``(2) The term `VA enrollee' means an individual enrolled in the VA Group Health Plan. ``Sec. 1802. VA Group Health Plan ``(a) The Secretary shall administer a program of health insurance under this chapter to be known as the VA Group Health Plan. The Secretary may provide such insurance directly or may contract with an insurance provider in the private sector for the provision of such insurance. The plan may be established as a single, nation-wide plan or as a composite of regional health insurance plans. ``(b) The Secretary shall establish and carry out the VA Group Health Plan as a managed-care plan and so that it meets the following requirements: ``(1) The plan shall be designed to be self-sustaining through required premiums, copayments, deductibles, and other charges, and without appropriated funds. ``(2) The plan shall provide such benefits as the Secretary determines. ``(c) The Secretary may award contracts under this section for the operation of the VA Group plan. ``(d) The Secretary may provide treatment in Department facilities for any enrollee, if cost effective. ``Sec. 1803. Enrollment ``(a) The following individuals are eligible to enroll in the VA Group Health Plan: ``(1) Any eligible veteran. ``(2) The spouse or child of any veteran. ``(b)(1) The Secretary of Veterans Affairs shall establish an enrollment (and disenrollment) process for the VA Group Health Plan in accordance with this subsection. Such process shall be established in consultation with veterans and other individuals to be served by the plan. ``(2) For each eligible veteran, when the veteran first becomes eligible to enroll in the VA Group Health Plan, there shall be an initial enrollment period (of not less than 30 days) during which the veteran may enroll in the plan. ``(3) The Secretary shall establish an annual period, of not less than 30 days, during which eligible veterans may enroll in the VA Group Health Plan. ``(4) If a veteran enrolls in the VA Group Health Plan, the veteran may at the same time enroll, as a family enrollment, the veteran's spouse and children in the plan. ``(5) In the case of individuals who through marriage, divorce, birth or adoption of a child, or similar circumstances, experience a change in family composition, the Secretary shall provide for a special enrollment period in which the individual is permitted to change the individual or family basis of coverage. The circumstances under which such special enrollment periods are required and the duration of such periods shall be specified by the Secretary. ``(6) The Secretary shall provide for a special transitional enrollment period during which eligible individuals may first enroll. ``(c) Enrollment of the spouse (including a child of the spouse) and any dependent child of an eligible veteran shall be considered to be timely if a request for enrollment is made either-- ``(1) within 30 days of the date of the marriage or of the date of the birth or adoption of a child, if family coverage is available as of such date, or ``(2) within 30 days of the date family coverage is first made available. ``(d) Family coverage shall become effective not later than the first day of the first month beginning after the date of the marriage or the date of birth or adoption of the child (as the case may be). ``(e) The Secretary may terminate coverage for nonpayment of premiums. ``(f) Coverage of a spouse under a policy under this chapter may not be canceled by reason of the death of the veteran unless the surviving spouse remarries. ``Sec. 1804. Limitation on preexisting conditions ``(a) The VA Group Health Plan may not impose (and an insurer under that plan may not require the Secretary impose through a waiting period for coverage under the plan or similar requirement) a limitation or exclusion of benefits relating to treatment of a condition based on the fact that the condition preexisted the effective date of the plan with respect to an individual if-- ``(1) the condition relates to a condition that was not diagnosed or treated within three months before the date of coverage under the plan; ``(2) the limitation or exclusion extends over more than six months after the date of coverage under the plan; ``(3) the limitation or exclusion applies to an individual who, as of the date of birth, was covered under the plan; or ``(4) the limitation or exclusion relates to pregnancy. In the case of an individual who is eligible for coverage under a plan but for a waiting period imposed by the employer, in applying paragraphs (1) and (2), the individual shall be treated as having been covered under the plan as of the earliest date of the beginning of the waiting period. ``(b)(1) The Secretary, for purposes of the VA Group Health Plan, shall waive any period applicable to a preexisting condition for similar benefits with respect to an individual to the extent that the individual, before the date of such individual's enrollment in such plan, was covered for the condition under any other health plan that was in effect before such date. ``(2) Paragraph (1) shall no longer apply if there is a continuous period of more than 60 days (or, in the case of an individual who loses coverage under a group health plan due to termination of employment, six months) on which the individual was not covered under a group health plan. ``(3) In applying paragraph (2), any waiting period imposed by an employer before an employee is eligible to be covered under a plan shall be treated as a period in which the employee was covered under a group health plan. ``Sec. 1805. Plan to be self supporting ``The Secretary shall administer the VA Group Health Plan so as to ensure that no appropriated funds are required for the operation of the plan (other than as necessary for startup and transition costs). The Secretary shall establish such premiums, copayments, and other charges for the plan as necessary. ``Sec. 1806. Annual report ``(a) The Secretary shall submit to Congress an annual report on the VA Group Health Plan. The report shall provide information on prices, health outcomes, and enrollee satisfaction under the plan and any other information the Secretary considers appropriate concerning the quality of the plan, including a breakdown of the portion of premiums under the plan that are attributable to the overhead operations of the plan. ``(b) The report shall be submitted each year before the annual general enrollment period. The Secretary shall make such report available to other interested persons.''. (2) The table of chapters at the beginning of part II of title 38, United States Code, is amended by inserting after the item relating to chapter 17 the following new item: ``18. VA Group Health Plan.................................. 1801.''. (b) Initial Report.--The initial report of the Secretary of Veterans Affairs under section 1806 of title 38, United States Code, as added by subsection (a), shall be submitted no later than September 30, 1995. The report shall include a cost analysis for the plan and a range of premiums and copayments that may be implemented under the plan. SEC. 5. MANAGED CARE SYSTEM OF HEALTH DELIVERY. (a) Chapter 73 of title 38, United States Code, is amended by inserting after section 7306 the following new sections: ``Sec. 7307. Managed care ``(a) The Secretary shall administer the health programs of the Veterans Health Administration through use of the model of medical practice known as `managed care'. ``(b) In implementing a managed care system, the Under Secretary shall, to the extent possible-- ``(1) shift the focus of care provided by the Veterans Health Administration to primary care; ``(2) establish enhanced quality assurance mechanisms; and ``(3) establish utilization review procedures to prevent inefficient practices. ``Sec. 7308. Veterans Service Areas ``The Secretary shall organize the health care delivery services and resources of the Veterans Health Administration into geographic regions to be known as Veterans Service Areas.''. (b) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7306 the following new items: ``7307. Managed care. ``7308. Veterans Service Areas.''. (c) If, as of the date of the enactment of this Act, the position of Under Secretary for Health of the Department of Veterans Affairs is vacant, the provisions of section 7308 of title 38, United States Code, as added by subsection (a), shall not take effect until an individual is appointed to that position. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs for each of fiscal years 1995 through 1999 (in constant fiscal year 1995 dollars)-- (1) $200,000,000 to acquire medical equipment to relieve the existing medical equipment backlog in Department of Veterans Affairs medical facilities; and (2) $500,000,000 for improvements of infrastructure, patient care amenities, primary care services, and personnel and for medical facility construction projects (subject to section 8104 of title 38, United States Code).

Summary: Veterans' Health Care Eligibility Reform Act of 1994 - Defines "continuum of health care" and "noninstitutional long-term care" under veterans' health care provisions. Directs the Secretary of Veterans Affairs to provide a continuum of health care to veterans eligible for veterans' benefits. (Sec. 2) Directs the Secretary to provide institutional nursing home care to certain disabled veterans or those in receipt of a veterans' pension. Allows for recovery of nursing home care costs by the Secretary if the veteran is also eligible for such care through a State plan under title XIX (Medicaid) of the Social Security Act. Designates a Department of Veterans Affairs facility as a Medicare provider for purposes of any program administered by the Secretary of Health and Human Services (HHS) under title XVIII (Medicare) of the Social Security Act. Declares a Department medical center as a Medicare HMO. Directs the HHS Secretary to reimburse a Department facility or medical center for providing services as a Medicare provider in the case of care for a non-service-connected disability of a veteran eligible for Medicare benefits. (Sec. 3) Directs the Secretary to develop a plan to implement the provision of institutional long-term care for veterans who: (1) have a service-connected disability of less than 50 percent; (2) have an annual income below a formulated amount; (3) have a catastrophic nonservice-connected disability; or (4) require such care as a follow-up to inpatient care. Outlines, with respect to such care, provisions concerning: (1) premiums and copayments for covered veterans; (2) the issuance of a long-term care insurance contract; and (3) a report from the Secretary to the Congress on the costs of the plan and the insurance contract and legislation required for plan implementation. (Sec. 4) Directs the Secretary to administer a program of health insurance known as the VA Group Health Plan as a managed-care plan meeting specified requirements. Allows any eligible veteran and his or her spouse or child to be enrolled in the Plan. Provides Plan enrollment requirements. Prohibits the Plan from imposing a limitation or exclusion of benefits relating to treatment for certain preexisting conditions. Directs the Secretary to administer the Plan so that no appropriated funds are required for Plan operation. Requires an annual report to the Congress by the Secretary on Plan operation, as well as an initial report. (Sec. 5) Directs the Secretary to administer the health programs of the Veterans Health Administration (VHA) through use of a managed care medical practice model, with limitations. Directs the Secretary to organize the VHA health care delivery and resources into geographic regions known as veterans service areas. (Sec. 6) Authorizes appropriations to the Secretary for FY 1995 through 1999 for: (1) acquiring medical equipment to relieve existing medical equipment backlogs in Department facilities; and (2) infrastructure improvement, patient care amenities, primary care services and personnel, and medical facility construction projects.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Iran's Access to United States Dollars Act of 2016''. SEC. 2. PROHIBITION ON FACILITATION OF CERTAIN TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. (a) In General.--The President shall not issue any license under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) that permits a person-- (1) to conduct an offshore United States dollar clearing system for transactions involving the Government of Iran or an Iranian person; or (2) to provide United States dollars for any offshore United States dollar clearing system conducted or overseen by a foreign government or a foreign financial institution for transactions involving the Government of Iran or an Iranian person. (b) Definitions.--In this section: (1) Entity.--The term ``entity'' means a corporation, business association, partnership, trust, society, or any other entity. (2) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)). (3) Person.--The term ``person'' means an individual or entity. SEC. 3. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO, OFFSHORE UNITED STATES DOLLAR CLEARING FOR TRANSACTIONS INVOLVING THE GOVERNMENT OF IRAN OR IRANIAN PERSONS. (a) Reports Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and not less frequently than once every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees and publish in the Federal Register a report that contains-- (A) a list of any financial institutions that the Secretary has identified as-- (i) operating an offshore United States dollar clearing system that conducts transactions involving the Government of Iran or an Iranian person; or (ii) participating in a transaction described in clause (i) through a system described in that clause; and (B) a detailed assessment of the status of efforts by the Secretary to prevent the conduct of transactions described in subparagraph (A)(i) through systems described in that subparagraph. (2) Form of report.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any financial institution specified in the most recent list submitted under subsection (a)(1)(A) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Additional sanctions.--The President may impose additional sanctions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to a financial institution that is subject to sanctions under paragraph (1). (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). SEC. 4. CLARIFICATION THAT FREEZING OF ASSETS OF IRANIAN FINANCIAL INSTITUTIONS INCLUDES ASSETS IN POSSESSION OR CONTROL OF A UNITED STATES PERSON PURSUANT TO A U-TURN TRANSACTION. Section 1245(c) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a) is amended-- (1) by striking ``The President'' and inserting ``(1) In general.--The President''; and (2) by adding at the end the following: ``(2) Treatment of certain transactions.-- ``(A) U-turn transactions.--Property that comes within the possession or control of a United States person pursuant to a transfer of funds that arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction shall be considered to come within the possession or control of that person for purposes of paragraph (1). ``(B) Book transfers.--A transfer of funds or other property for the benefit of an Iranian financial institution that is made between accounts of the same financial institution shall be considered property or interests in property of that Iranian financial institution for purposes of paragraph (1) even if that Iranian financial institution is not the direct recipient of the transfer.''.

Summary: Preventing Iran's Access to United States Dollars Act of 2016 This bill prohibits the President from issuing a license that permits a person to: conduct an offshore U.S. dollar clearing system for transactions involving the government of Iran or an Iranian person, or provide U.S. dollars for any offshore U.S. dollar clearing system conducted by a foreign government or a foreign financial institution for transactions involving the government of Iran or an Iranian person. The Department of the Treasury shall report to Congress: a list of financial institutions operating or participating in an offshore U.S. dollar clearing system that conducts transactions involving the government of Iran or an Iranian person, and an assessment of Treasury efforts to prevent such transactions. The President shall block and prohibit all transactions in property and property interests of any listed institution if the property and interests: (1) are in the United States, (2) come within the United States, or (3) are or come within the possession or control of a U.S. person. The President may impose additional sanctions pursuant to the International Emergency Economic Powers Act. The National Defense Authorization Act for Fiscal Year 2012 is amended to subject to sanctions: (1) u-turn transactions (fund transfers from a foreign bank that pass through a U.S. financial institution and are then transferred to a second foreign bank), and (2) book transfers (fund transfers for the benefit of an Iranian financial institution made between accounts of the same financial institution).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Biased IRS Audit Systems Prevention Act''. SEC. 2. ENSURING AUDIT TRANSPARENCY AND FAIRNESS. (a) Audit Transparency.-- (1) In general.--The Secretary shall-- (A) not later than the time a taxpayer is notified a tax return has been selected for an audit by the Internal Revenue Service, provide to the taxpayer sufficient information regarding the reason the tax return was selected for an audit, and (B) preserve, in accordance with paragraph (3), and make available for review by an applicable oversight entity, any information or criteria used by the Internal Revenue Service in selecting a tax return for auditing. (2) Information required to be disclosed to the taxpayer.-- For purposes of paragraph (1)(A): (A) Returns selected based on computer modeling.-- In the case of any tax return selected for auditing based in whole or in part upon computer modeling, the information disclosed to the taxpayer shall include a description of any data used in such modeling which was-- (i) provided by the taxpayer, including whether such information was filed electronically by the taxpayer or transcribed from a return which was printed and filed on paper, and (ii) provided from information obtained by the Internal Revenue Service from sources other than the taxpayer. (B) Returns selected other than by computer modeling.--In the case of any tax return selected for auditing based in whole or in part upon a method other than computer modeling, the information disclosed to the taxpayer shall include the method employed and any data sources used by the examiner, including the methodology employed by the examiner for determining the validity of such sources. (C) No requirement to disclose identity of another taxpayer.--The Secretary is not required to disclose the return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) of any person other than the taxpayer whose return has been selected for audit. (3) Methodology for preserving information for oversight.-- For purposes of paragraph (1)(B)-- (A) In general.--The Secretary shall document and record how many returns are selected for auditing based on-- (i) randomized selection, (ii) scoring under the Discriminant Index Function System, (iii) a determination by an Internal Revenue Service examiner, (iv) any methodology not described in clauses (i) through (iii), and (v) any combination of methodologies described in clauses (i) through (iv). (B) Internally obtained information.--In the case of any tax return which is selected for audit in whole or in part based on information obtained by the Internal Revenue Service from sources other than the taxpayer, the Secretary shall document and record the source of such information. (4) Definitions.--For purposes of this subsection: (A) Applicable entity.--The term ``applicable oversight entity'' means any entity with responsibility for oversight of the activities of the Internal Revenue Service, including Congress, the Treasury Inspector General for Tax Administration, the Comptroller General, the National Taxpayer Advocate, and the Internal Revenue Service Oversight Board (as described in section 7802 of the Internal Revenue Code of 1986). (B) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or such Secretary's delegate. (5) Effective date.--This subsection shall apply to tax returns selected for audit after the date of the enactment of this Act. (b) Termination of Research Audits.-- (1) In general.--The Internal Revenue Service may not conduct any audit, investigation, or examination of a taxpayer that is primarily for the purpose of research. (2) Transfer of resources to prevent tax identity theft.-- (A) In general.--To the maximum extent possible, the Commissioner of Internal Revenue shall repurpose resources for the National Research Program to combating tax refund fraud and identity theft. (B) Report.--Not later than 6 months after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to Congress a report on the resources that have been repurposed pursuant to subparagraph (A).

Summary: Biased IRS Audit Systems Prevention Act This bill directs the Internal Revenue Service (IRS) to: (1)  provide a taxpayer who is selected for an audit sufficient information regarding the reason the taxpayer's return was selected for an audit and to preserve such information for review; (2) document and record how many returns are selected for audit based on randomized selection, scoring under the Discriminant Index Function System, a determination by an IRS examiner, and other methodologies; and (3) repurpose resources for the National Research Program (taxpayer data collection program) to combat tax refund fraud and identity theft. The bill prohibits the IRS from conducting any audit, investigation, or examination of a taxpayer that is primarily for research purposes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Employment and Training Assistance Act''. SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO HURRICANE KATRINA. (a) Use of Grants for Projects Outside Disaster Area.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide assistance in areas outside of the disaster area (as such term is defined in section 173(a)(2) of such Act). (b) Expanded Eligibility for Disaster Relief Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide disaster relief employment and other assistance under section 173(d)(1) of such Act, or public sector employment authorized under subsection (c) of this Act, to individuals who were unemployed at the time of the emergency or major disaster involved and to individuals who are without employment history, in addition to individuals described in section 173(d)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)). (c) Authorization for General Public Sector Employment.--Funds provided to States that submit applications for assistance described in section 173(a)(2) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina may be used to provide to eligible individuals temporary employment by public sector entities for a period not to exceed 6 months in addition to disaster relief employment described in section 173(d)(1) of such Act. (d) Extension of the Duration of Disaster Relief Employment.--The Secretary of Labor may extend the 6-month maximum duration of employment under this Act and under section 173(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an additional 6 months due to extraordinary circumstances. (e) Priority for Disaster Relief Employment Funds.--In awarding national emergency grants to States under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina by providing disaster relief employment, the Secretary of Labor shall-- (1) first, give priority to States in which areas that have suffered major disasters (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) are located; and (2) second, give priority to the remaining States that have been most heavily impacted by the demand for services by workers affected by Hurricane Katrina. (f) Documentation.--In providing disaster relief employment under section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)), an entity shall not deny such employment to a worker affected by Hurricane Katrina because of the worker's inability, due to the effects of Hurricane Katrina, to provide at the time of application appropriate documentation of eligibility under section 173(d)(2) of such Act (29 U.S.C. 2918(d)(2)). (g) Eligibility for Needs-Related Payments.--Funds provided to States that submit applications for asisstance described in section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the effects of Hurricane Katrina may be used to provide needs-related payments (described in section 134(e)(3) of such Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b) who do not qualify for (or have ceased to qualify for) unemployment compensation, and who are not employed on a project described under section 173(d) of such Act, for the purpose of enabling such individuals to participate in activities described in paragraphs (2), (3), or (4) of section 134(d) of such Act. (h) Use of Available Funds.--With the approval of the Secretary of Labor, any State may use funds that remain available for expenditure under any grants awarded to the State under section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this section, to provide any assistance authorized under such section 173 or this section, or personal protective equipment not otherwise available through public funds or private contributions, to assist workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (i) Expanded Eligibility for Employment and Training Activities.-- (1) In general.--In awarding national emergency grants under section 173(a)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to an entity to provide employment and training assistance available under section 173(a)(1) of such Act to workers affected by Hurricane Katrina, including workers who have relocated from areas for which an emergency or major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of Hurricane Katrina. (2) Eligible entity.--In this subsection, the term ``entity'' means a State, a local board (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or an entity described in section 166(c) of such Act (29 U.S.C. 2911(c)), that submits an application for assistance described in section 173(a)(1) of the Workforce Investment Act of 1998 to address the effects of Hurricane Katrina. SEC. 3. SENSE OF CONGRESS. (a) Mobile One-Stop Centers.--It is the sense of Congress that States that operate mobile one-stop centers, established as part of one-stop delivery systems authorized under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where possible, make such centers available for use in the areas affected by Hurricane Katrina, and areas where large numbers of workers affected by Hurricane Katrina have been relocated. (b) Expanded Operational Hours.--It is the sense of Congress that one-stop operators (as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase access for workers affected by Hurricane Katrina to the one-stop delivery systems authorized under subtitle B of title I of such Act, including through the implementation of expanded operational hours at one-stop centers and on-site services for individuals in temporary housing locations.

Summary: Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area. Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements. Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances. Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers. Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility. Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area. Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas. (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated; and (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Child Deserves a Family Act''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home. (2) In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identification, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures. (3) Of the estimated 500,000 children in the United States foster care system, over 129,000 cannot return to their original families and are legally free for adoption. (A) Fifty-one thousand children were adopted in 2007, while 25,000 youth ``aged out'' of the foster care system. (B) Research shows that youth who ``age out'' of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood. (C) Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000. (4) As of 2007, gay, lesbian, and bisexual parents were raising 4 percent of all adopted children and fostering for 3 percent of all foster children. A report from the Evan B. Donaldson Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption. (5) According to the Urban Institute, same-sex couples raising adopted children tend to be older, more educated, and have more economic resources than other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social and psychological adjustment, and development as children whose parents are heterosexual. (6) An Evan B. Donaldson Adoption Institute study found that one-third of child welfare agencies in the United States currently reject gay, lesbian, and bisexual applicants, citing a conflict with the religious beliefs associated with the agency, State law prohibiting placement with gay, lesbian, or bisexual parents, or a policy of placing children with married- heterosexual only couples. (A) The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care. (B) Over 14,000 children are currently in placements with gay, lesbian, and bisexual adoptive and foster parents. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents. (7) Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child's legal parents. Recognition of joint and second-parent adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents' health benefits; survivor's, Social Security, and child support entitlements; legal grounds for either parent to provide consent for medical care, education, and other important decisions; as well as the establishment of permanency for both parents and child. (8) Professional organizations in the fields of medicine, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success. (b) Purposes.--The purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identification, or marital status. SEC. 3. EVERY CHILD DESERVES A FAMILY. (a) Activities.-- (1) Prohibition.--An entity that receives Federal assistance and is involved in adoption or foster care placements may not-- (A) categorically deny to any person the opportunity to become an adoptive or a foster parent solely on the basis of the sexual orientation, gender identification, or marital status of the person; (B) delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely on the basis of the sexual orientation, gender identification, or marital status of any prospective adoptive or foster parent; or (C) deny or limit the parental rights of an adoptive parent based on the adoptive parent's sexual orientation, gender identification, or marital status. (2) Definition.--In this subsection, the term ``placement decision'' means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement. (b) Equitable Relief.--Any individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction. (c) Federal Guidance.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section. (d) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (2) Authority to extend deadline.--If a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State a reasonable number of days after the close of the first State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds.--If a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act, to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section. (e) GAO Study.-- (1) In general.--Within 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have-- (A) eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent solely on the basis of the sexual orientation, gender identification, or marital status of the person; (B) removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care, or otherwise discriminate in making a placement decision, solely on the basis of the sexual orientation, gender identification, or marital status of any qualified, prospective adoptive or foster parent; and (C) eliminated all policies, practices, or statutes that deny or limit the parental rights of an adoptive parent based on the adoptive parent's sexual orientation, gender identification, or marital status. (2) Report to the congress.--Within 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to the Congress a written report that contains the results of the study.

Summary: Every Child Deserves a Family Act - Prohibits an entity that receives federal assistance and is involved in adoption or foster care placements from discriminating against prospective adoptive or foster parents solely on the basis of their sexual orientation, gender identification, or martial status. Requires a General Accounting Office study and report to Congress on whether states have substantially complied with this Act in eliminating policies, practices, or statutes that deny adoption rights on the basis of these criteria.


SECTION 1. AUTHORITY TO ISSUE A RULE RELATING TO ERGONOMICS. (a) Findings.--Congress makes the following findings: (1) The National Academy of Sciences issued a report entitled `Musculoskeletal Disorders and the Workplace--Low Back and Upper Extremities' on January 18, 2001. The report was issued after the Occupational Safety and Health Administration promulgated a final rule relating to ergonomics (published at 65 Fed. Reg. 68261 (2000)). (2) According to the National Academy of Sciences, musculoskeletal disorders of the low back and upper extremities are an important and costly national health problem. An estimated 1,000,000 workers each year lose time from work as a result of work-related musculoskeletal disorders. (3) Conservative estimates of the economic burden imposed by work-related musculoskeletal disorders, as measured by compensation costs, lost wages, and lost productivity, are between $45,000,000,000 and $54,000,000,000 annually. (4) Congress enacted the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to `assure so far as possible every working man and woman in the Nation safe and healthful working conditions,' and charged the Secretary of Labor with implementing the Act to accomplish this purpose. (5) Promulgation of a standard on workplace ergonomics is needed to address a serious workplace safety and health problem and to protect working men and women from work-related musculoskeletal disorders. Any workplace ergonomics standard should take into account the cost and feasibility of compliance with such requirements and the sound science of the National Academy of Sciences report. (b) Authority to Issue Rule.-- (1) In general.--Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, in accordance with section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), issue a final rule relating to ergonomics. The standard under the final rule shall take effect not later than 90 days after the date on which the rule is promulgated. (2) Requirements for standard.--The standard described in paragraph (1) shall-- (A) address work-related musculoskeletal disorders and workplace ergonomic hazards; (B) not apply to musculoskeletal disorders that are not related to work; (C) set forth in clear terms-- (i) the circumstances under which an employer is required to take action to address ergonomic hazards; (ii) the measures required of an employer under the standard; and (iii) the compliance obligations of an employer under the standard; (D) emphasize the prevention of injuries before they occur; and (E) cover all industries where workers are exposed to workplace ergonomic hazards and there are economically and technologically feasible measures to control these hazards. (3) Basis for standard.--The standard described in paragraph (1) shall be based upon-- (A) the best available evidence, including the complete record of evidence assembled by the Department of Labor on ergonomics in Docket S-777, initiated August 3, 1992; and (B) employer and industry practices that have effectively reduced exposures to ergonomic hazards and the occurrence of work-related musculoskeletal disorders. In promulgating the standard, the Secretary shall consider existing standards on ergonomics or preventing work-related musculoskeletal disorders established by national consensus or recognized private standard setting organizations, States, and other countries. (4) Authorization.--Paragraph (1) shall be considered a specific authorization by Congress in accordance with section 801(b)(2) of title 5, United States Code, with respect to the issuance of a new ergonomic rule. (5) Prohibition.--In issuing a new rule under this subsection, the Secretary of Labor shall ensure that nothing in the rule expands the application of State workers' compensation laws. (6) Standard setting authority.--Nothing in this subsection shall be construed to restrict or alter the authority of the Secretary of Labor under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) to adopt health or safety standards (as defined in section 3(8) (29 U.S.C. 652(8)) of such Act) pursuant to section 6 (29 U.S.C. 655) of such Act. (7) Information and training materials.--The Secretary of Labor shall, prior to the date on which the new rule under this subsection becomes effective, develop information and training materials, and implement an outreach program and other initiatives, to provide compliance assistance to employers and employees concerning the new rule and the requirements under the rule.

Summary: Directs the Secretary of Labor, in accordance with specified provisions of the Occupational Safety and Health Act of 1970, to issue a final rule relating to ergonomics.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Windfall Oil Profits For Heating Assistance Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The overall net income for the 14 major petroleum companies more than doubled in the second quarter of 2000 relative to the second quarter of 1999, to $10,300,000,000. (2) In the second quarter of 2000, BP Amoco reported profits of $2,870,000,000, Chevron Corporation reported profits of $1,140,000,000, Conoco reported profits of $460,000,000, Exxon Mobil Corporation reported profits of $4,530,000,000, Marathon Oil Company reported profits of $367,000,000, Phillips Petroleum Company reported profits of $439,000,000, Royal Dutch/Shell Group reported profits of $3,150,000,000, and Texaco, Inc. reported profits of $641,000,000. (3) When compared to the second quarter of 1999, the profits in the second quarter of 2000 increased 133 percent for BP Amoco, 136 percent for Chevron, 205 percent for Conoco, 123 percent for Exxon Mobil, 208 percent for Marathon, 275 percent for Phillips, 96 percent for Shell, and 124 percent for Texaco. (4) The profits in the second quarter of 2000 for BP Amoco, Chevron, Conoco, Exxon Mobil, and Shell were record quarterly profits for these oil companies. (5) In the first quarter of 2000, ARCO reported profits of $333,000,000, BP Amoco reported profits of $2,680,000,000, Chevron reported profits of $1,100,000,000, Conoco reported profits of $391,000,000, Exxon Mobil reported profits of $3,350,000,000, Phillips reported profits of $250,000,000, Shell reported profits of $3,130,000,000, and Texaco reported profits of $602,000,000. (6) When compared to the first quarter of 1999, the profits in the first quarter of 2000 increased 136 percent for ARCO, 296 percent for BP Amoco, 291 percent for Chevron, 371 percent for Conoco, 108 percent for Exxon Mobil, 257 percent for Phillips, 117 percent for Shell, and 473 percent for Texaco. (7) The profits in the first quarter of 2000 for BP Amoco, Conoco, Exxon Mobil, and Shell were record quarterly profits. (8) On June 19, 2000, gasoline prices hit all-time highs across the United States, with a national average of $1.68 per gallon, according to the Energy Information Administration. (9) On September 22, 2000, the Department of Energy estimated that heating oil inventories nationwide are 36 percent lower than in 1999, in the East such inventories are 40 percent lower than in 1999, and in New England such inventories are 65 percent lower than in 1999. (10) American consumers continue to pay sky-high gasoline prices and home heating oil prices are expected to hit an all- time high in the winter of 2000-2001 while the oil industry continues to reap record profits. (b) Purpose.--The purpose of this Act is to transfer windfall profits from the oil industry to fund heating assistance for consumers and small business owners. SEC. 3. WINDFALL PROFITS ADJUSTMENT. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end the following new chapter: ``CHAPTER 55--WINDFALL PROFITS ON CRUDE OIL AND PRODUCTS THEREOF ``Sec. 5886. Imposition of tax. ``SEC. 5886. IMPOSITION OF TAX. ``(a) In General.--An excise tax is hereby imposed on the windfall profit from any domestic crude oil or other taxable product removed from the premises during the taxable year at a rate equal to 100 percent of such windfall profit. ``(b) Definitions.--For purposes of this section-- ``(1) Premises.--The term `premises' has the same meaning as when used for purposes of determining gross income from property under section 613. ``(2) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil or taxable product. ``(3) Reasonable profit.--The term `reasonable profit' means the amount determined by the Chairman of the Federal Trade Commission to be a reasonable profit on the crude oil or taxable product. ``(4) Taxable product.--The term `taxable product' means any fuel which is a product of crude oil. ``(5) Windfall profit.--The term `windfall profit' means, with respect to any removal of crude oil or taxable product, so much of the profit on such removal as exceeds a reasonable profit. ``(c) Liability for Payment of Tax.--The tax imposed by subsection (a) shall be paid by the producer of the crude oil or taxable product. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Windfall profits on crude oil and products thereof.'' (c) Effective Date.--The amendments made by this section shall apply to crude oil or other products removed from the premises on or after January 1, 2000. SEC. 4. FEDERAL TRADE COMMISSION INVESTIGATION AND DETERMINATION OF REASONABLE PROFITS. (a) Investigation of Oil Industry Profits.--The Chairman of the Federal Trade Commission shall investigate the profits of the oil industry, including the 14 major petroleum companies, on the sale in the United States of any crude oil or other taxable product (as defined in section 5886(b) of the Internal Revenue Code of 1986) made after January 1, 1999. (b) Determination of Reasonable Oil Industry Profits.--The Federal Trade Commission shall make reasonable profit determinations for purposes of applying section 5886 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil and products thereof). (c) Funding.--There are authorized to be appropriated to the Federal Trade Commission such funds as are necessary to carry out this section. SEC. 5. ALLOCATION OF REVENUES FROM WINDFALL OIL PROFITS ADJUSTMENT TO HEATING ASSISTANCE. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of subtitle I of the Internal Revenue Code of 1986 (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. WINDFALL OIL PROFITS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Windfall Oil Profits Trust Fund', consisting of such amounts as may be appropriated or credited to the Windfall Oil Profits Trust Fund as provided in this section. ``(b) Transfers to Windfall Oil Profits Trust Fund.--There are hereby appropriated to the Windfall Oil Profits Trust Fund amounts equivalent to the taxes received in the Treasury under section 5886. ``(c) Expenditures From Windfall Oil Profits Trust Fund.--Amounts in the Windfall Oil Profits Trust Fund shall be available, as provided by appropriations Acts, for making expenditures-- ``(1) in an amount not to exceed 75 percent of amounts transferred under subsection (b), for heating assistance for consumers, and ``(2) in an amount not to exceed 25 percent of amounts transferred under subsection (b), for heating assistance for small businesses.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of subtitle I of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9511. Windfall oil profits trust fund.''

Summary: Directs the Federal Trade Commission to investigate the profits of the oil industry and make reasonable profit determinations. Authorizes appropriations. Establishes the Windfall Oil Profits Trust Fund consisting amounts equivalent to the taxes received pursuant to the excise tax established by this Act. Provides for expenditures from the Fund for heating assistance to consumers and small businesses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Fannie Mae and Freddie Mac Investigative Commission Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has suffered tremendously from the irresponsible and unchecked growth of the mortgage industry which proliferated under the policies of Fannie Mae and Freddie Mac. (2) The Federal conservatorship of Fannie Mae and Freddie Mac may cost the American people a minimum of $200,000,000,000, and potentially $2.4 trillion, making it potentially the largest financial bailout in our Nation's history. (3) The American people, forced to shoulder the financial burden of the bailout, deserve to know what went wrong and why. (4) Any executive officers and members of the boards of directors at Fannie Mae and Freddie Mac who may have exercised poor judgment or committed wrongdoing should be held accountable for such judgments and actions. (5) In June 2003, Freddie Mac disclosed that it had misstated its earnings by roughly $5 billion between the years 2000 and 2002 to smooth the appearance of quarterly volatility in earnings and to meet Wall Street expectations. (6) In December 2004, the Securities and Exchange Commission found that Fannie Mae had violated accounting rules and needed to restate its earnings by recording a loss of up to $9 billion from 2001 to 2004 based on board policies established prior to that period. (7) The shareholders of Fannie Mae and Freddie Mac and the employees and directors of the boards of these enterprises have enjoyed large dividends, bonuses, salaries, and other compensation based on policies and practices that may have been misguided or fraudulent. (8) In 2007, former Freddie Mac Chairman and Chief Executive Richard Syron alone received nearly $18,300,000 in compensation, despite the fact that the enterprise's stock lost half its value. (9) Last year, former Fannie Mae President and Chief Executive Daniel Mudd received compensation valued at $11,600,000. (10) Previous investigations of Fannie Mae and Freddie Mac have focused on accounting fraud, but there have not been any investigations on the policies and decisions that contributed to and exacerbated our Nation's housing crisis and financial collapse of these corporations. (11) According to the Office of Federal Housing Enterprise Oversight, regulation allowed Freddie Mac and Fannie Mae to overleverage and operate with just $83.2 billion of capital at the end of 2007, even though it supported $5.2 trillion of debt and guarantees. (12) Although the executive officers of Fannie Mae and Freddie Mac have come under scrutiny, their boards of directors have been held harmless throughout the Nation's housing crisis, despite having the authority to create, influence, and vote for the policies of such enterprises. (13) The involvement of the boards of directors in the policies of Fannie Mae and Freddie Mac has been shrouded in secrecy, as their policymaking decisions have not been publicly disclosed, despite the public protections and benefits their enterprises receive. (14) There is a need to fully understand what went wrong in the management of Fannie Mae and Freddie Mac and the misguided, potentially fraudulent board policies and practices that ultimately led to the Federal conservatorship of such enterprises so that similar mistakes will not be repeated in the future. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Independent Fannie Mae and Freddie Mac Investigative Commission'' (in this Act referred to as the ``Commission''). The Commission shall function upon the legislation being signed by the President of the United States and will conduct its investigations for a period of two years, issuing a final report upon completion with necessary hearings and assembly of related records for the period following the savings and loan crisis of the 1980s to the present. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall investigate, determine, and make recommendations with respect to the following: (1) The policies, practices, and board decisions of Fannie Mae and Freddie Mac from the 1990s through the present that led to the enterprises' financial instability and the subsequent Federal conservatorship of such enterprises. (2) Fannie Mae and Freddie Mac's involvement, if any, in the creation and proliferation of the securitized mortgage instrument, and how such instrument affected the solvency of such enterprises. (3) The role of the boards of directors of Fannie Mae and Freddie Mac in developing the accounting and financial risk policies of such enterprises, particularly as they relate to subprime mortgages and the international securitization of mortgages. (4) The actions of each board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the financial decisions to grow such enterprises' portfolios of subprime mortgage loans. (5) The board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the decisions that may have encouraged the proliferation of the subprime mortgage industry. (6) The decisions that contributed to the overvaluation of risky mortgage investments in the stock market and to the growth of the subprime mortgage industry. (7) The annual compensation, stock options, and other financial benefits that accrued to each of Fannie Mae and Freddie Mac's executive officers and members of their boards of directors from 1990 to 2008. (8) The board members, if any, who financially benefitted from their appointment to either board of directors and/or through the decisions of such board. (9) The tracking of political contributions to Presidential and congressional elections and campaign funds that served to influence U.S. housing policy by board members, officers, and employees. (10) The appropriate role of Fannie Mae and Freddie Mac in the U.S. housing market nationwide and regionally. (11) Such other matters that the President or the Congress may place before the Commission. (12) The Commission shall possess full subpoena power and authority to hire necessary staff to conduct its affairs. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members appointed by the President as follows: (1) One member who shall serve as the Chairperson, shall be appointed with the advice of the Senate. (2) Eight members, not more than four of whom shall be members of the same political party, to be appointed based on recommendations from the Speaker and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate, who shall each submit the names of two recommended candidates to the President. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made for the remainder of that term. If there is a vacancy in the Chair of the Commission, the remaining members of the Commission may choose from among the members an interim Chairperson to serve until a new Chairperson is appointed. SEC. 6. COMPENSATION. Members of Congress.--Members of the Commission who are Members of Congress shall not receive additional pay, allowances, or benefits by reason of their service on the Commission, but, as permitted by law, may be reimbursed for travel, subsistence, and other necessary expenses incurred when performing duties of the Commission. SEC. 7. COMMISSION HIRING ALLOWANCE. Such sums as are necessary shall be appropriated to conduct the activities of the Commission but shall be no less than $5 million annually. Recovery of any assets fraudulently accruing to members of the boards of directors shall be returned to the general Treasury to offset such expenditures.

Summary: Independent Fannie Mae and Freddie Mac Investigative Commission Act - Establishes the Independent Fannie Mae and Freddie Mac Investigative Commission to investigate and issue a final report on the period following the savings and loan crisis of the 1980s to the present. Requires the Commission to investigate: (1) the policies, practices, and board decisions of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) from the 1990s through the present that led to their financial instability and subsequent federal conservatorship; (2) Fannie Mae and Freddie Mac's involvement, if any, in the creation and proliferation of the securitized mortgage instrument, and how such instrument affected their solvency; (3) the role of their boards of directors in developing their accounting and financial risk policies; (4) the actions of each board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the financial decisions to grow the enterprises' portfolios of subprime mortgage loans; and (5) the board member or members, executive officer or officers, or the board member or members and executive officer or officers responsible for making the decisions that may have encouraged the proliferation of the subprime mortgage industry.