SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs
Construction, Accountability, and Reform Act''.

SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT TO
              REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
              AURORA, COLORADO.

    The Secretary of Veterans Affairs may carry out the major medical
facility project to replace the medical center of the Department of
Veterans Affairs in Aurora, Colorado, planned for under section 213(1)
of the Veterans Health Care, Capital Asset, and Business Improvement
Act of 2003 (Public Law 108-170; 117 Stat. 2049), in an amount not to
exceed a total of $1,730,000,000.

SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL FACILITY PROJECT TO
              REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
              AURORA, COLORADO, IS OPERATIONAL.

    (a) Prohibition on Bonuses During Fiscal Years 2015 and 2016.--
During fiscal years 2015 and 2016, the Secretary of Veterans Affairs
may not pay any bonus.
    (b) Prohibition on Bonuses Until Operation of Medical Center.--If
the major medical facility project specified in section 2 to replace
the Department of Veterans Affairs Medical Center in Aurora, Colorado,
is not completed by September 30, 2016, the Secretary may not pay any
bonus until the date on which the Secretary certifies to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives that such major medical
facility project is fully operational.
    (c) Limitation on Bonuses.--During the fiscal year in which the
Secretary may begin to pay a bonus pursuant to subsection (b), and each
fiscal year thereafter through fiscal year 2024, the Secretary shall
ensure that the aggregate amount of bonuses paid by the Secretary
during each such fiscal year does not exceed $360,000,000.
    (d) Bonus Defined.--In this subsection, the term ``bonus'' means
any bonus or award under chapter 45 or 53 of title 5, United States
Code, or any other bonus or award authorized under such title or title
38, United States Code.
    (e) Conforming Repeal.--Section 705 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note)
is repealed.

SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
              AURORA, COLORADO.

    (a) Transfer of Construction Agent Responsibilities.--
            (1) In general.--Not later than 90 days after the date of
        the enactment of this Act, the Secretary of Veterans Affairs
        shall enter into an agreement with the Secretary of the Army,
        acting through the Chief of Engineers, for the Army Corps of
        Engineers to carry out, on a reimbursable basis, the design,
        contract, construction management, and other similar services
        for the Aurora medical facility project.
            (2) Treatment of agreement.--The agreement entered into
        under paragraph (1) shall be subject to subsections (b) through
        (e) of section 1535 of title 31, United States Code.
    (b) Duties.--
            (1) In general.--Under the agreement entered into under
        subsection (a), the Army Corps of Engineers may perform the
        project, design, contract, and construction management
        necessary to complete the work at the Aurora medical facility
        project that is remaining as of the date of the enactment of
        this Act.
            (2) New contracts.--
                    (A) In general.--The authority under paragraph (1)
                shall include the authority to enter into new contracts
                in accordance with the Federal Acquisition Regulation
                to fulfill construction agent responsibilities
                associated with the Aurora medical facility project.
                    (B) Prime contractor.--The Secretary of the Army,
                acting through the Chief of Engineers, shall determine
                whether entering into a new contract agreement with the
                prime contractor as of the date of the enactment of
                this Act is consistent with the Federal Acquisition
                Regulation and in the best interests of the Federal
                Government.
            (3) Information required.--In accordance with subsection
        (d)(1), the Secretary of Veterans Affairs shall provide the
        Army Corps of Engineers with the information needed to ensure
        that the Army Corps of Engineers understands the requirements
        for the successful operation of the Aurora medical facility
        project.
    (c) Plans and Reports.--
            (1) Completion plans.--Not later than 60 days after
        entering into the agreement under subsection (a), the Secretary
        of Veterans Affairs, based upon the advice of the Army Corps of
        Engineers provided under such agreement, shall submit to the
        Committee on Veterans' Affairs of the Senate and the Committee
        on Veterans' Affairs of the House of Representatives detailed
        plans, including estimated costs, to complete construction of
        the Aurora medical facility project.
            (2) Progress reports.--Not later than 180 days after
        entering into the agreement under subsection (a), and each 180-
        day period thereafter until the date on which the Aurora
        medical facility project is completed, the Secretary of
        Veterans Affairs, based on the advice of the Army Corps of
        Engineers provided under the agreement entered into under
        subsection (a), shall submit to the Committees on Veterans'
        Affairs of the House of Representatives and Senate a report
        detailing the progress on the Aurora medical facility project.
    (d) Cooperation.--
            (1) Information.--The Secretary of Veterans Affairs shall
        provide the Army Corps of Engineers with any documents or
        information that the Army Corps of Engineers determines
        necessary to carry out subsections (a) and (b).
            (2) Assistance.--
                    (A) In general.--Upon request by the Army Corps of
                Engineers, the Secretary of Veterans Affairs shall
                provide to the Army Corps of Engineers any assistance
                that the Army Corps of Engineers determines necessary
                to carry out subsections (a) and (b).
                    (B) No cost.--Any assistance provided under
                subparagraph (A) shall be at no cost to the Army Corps
                of Engineers.
    (e) Aurora Medical Facility Project Defined.--In this section, the
term ``Aurora medical facility project'' means the major medical
facility project specified in section 2 to replace the medical center
of the Department of Veterans Affairs in Aurora, Colorado.

SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS CARRYING OUT MAJOR
              MEDICAL FACILITY PROJECTS.

    (a) Army Corps of Engineers.--Subchapter I of chapter 81 of title
38, United States Code, is amended by inserting after section 8103 the
following new section:
``Sec. 8103A. Authority of Army Corps of Engineers to carry out major
              medical facility projects
    ``(a) Prohibition.--Notwithstanding any other provision of law, the
Secretary may not carry out any major medical facility project.
    ``(b) Army Corps of Engineers.--Notwithstanding any other provision
of law, the Secretary of the Army, acting through the Chief of
Engineers, shall carry out all major medical facility projects for the
Department.
    ``(c) Agreements.--(1) The Chief of Engineers shall enter into an
agreement with the Secretary of Veterans Affairs to carry out, on a
reimbursable basis, design, contract, construction management, and
similar services for major medical facility projects pursuant to
subsection (b).
    ``(2) Each agreement entered into under paragraph (1) shall be
subject to subsections (b) through (e) of section 1535 of title 31.
    ``(d) Duties.--(1) Under an agreement entered into under subsection
(c), the Army Corps of Engineers may perform the project, design,
contract, and construction management necessary to complete the major
medical facility project covered by the agreement, including entering
into new contracts in accordance with the Federal Acquisition
Regulation to fulfill construction agent responsibilities associated
with such project.
    ``(2) The Secretary shall provide the Army Corps of Engineers with
any documents or information needed for the Army Corps of Engineers to
carry out major medical facility projects pursuant to subsection (b).
    ``(3) Upon request by the Army Corps of Engineers, the Secretary
shall provide to the Army Corps of Engineers, at no cost to the Army
Corps of Engineers, any assistance that the Army Corps of Engineers
determines necessary to carry out major medical facility projects
pursuant to subsection (b).
    ``(e) Major Medical Facility Project Defined.--In this section, the
term `major medical facility project' has the meaning given that term
in section 8104(a)(3)(A) of this title.
    ``(f) Applicability.--This section shall apply with respect to any
major medical facility project that begins after the date of the
enactment of this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
8103 the following new item:

        ``8103A. Authority of Army Corps of Engineers to carry out
                            major medical facility projects.''.
    (c) Conforming Amendments.--Title 38, United States Code, is
further amended--
            (1) in section 312A(c)--
                    (A) in paragraph (1), by striking ``The Director
                of'' and inserting ``Except as provided by section
                8103A of this title, the Director of''; and
                    (B) in paragraph (2), by striking ``In carrying
                out'' and inserting ``Except as provided by section
                8103A of this title, in carrying out'';
            (2) in section 8103(a), by striking ``section 8104'' and
        inserting ``sections 8103A and 8104'';
            (3) in section 8104, by adding at the end the following new
        subsection:
    ``(i) The Secretary shall carry out this section in accordance with
section 8103A of this title, including with respect to obligating or
expending funds described in this section.''; and
            (4) in section 8106--
                    (A) in subsection (a), by striking ``The Secretary
                may'' and inserting ``Subject to section 8103A of this
                title, the Secretary may'';
                    (B) in subsection (b)(1), by striking ``The
                Secretary may'' and inserting ``Subject to section
                8103A of this title, the Secretary may''; and
                    (C) in subsection (c), by inserting ``(except under
                section 8103A)'' after ``this subchapter''.

SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGEMENT OF DEPARTMENT OF
              VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO.

    (a) Review.--
            (1) In general.--The Comptroller General of the United
        States shall review the management by the Secretary of Veterans
        Affairs of the Aurora medical facility project, including with
        respect to the thoroughness and accuracy of the investigation
        into mismanagement conducted by the administrative
        investigation board established by the Secretary.
            (2) Elements.--The review required under paragraph (1)
        shall include a review of the following:
                    (A) Any potential misconduct or criminal activity
                committed by employees of the Department of Veterans
                Affairs that may have contributed to the significant
                cost overruns of the Aurora medical facility project.
                    (B) When senior officials of the Department knew,
                or should have known, that such project was likely to
                incur significant cost overruns.
                    (C) The justification of the Secretary for
                withholding from Congress any information relating to
                the significant cost overruns of such project.
    (b) Report.--Not later than 180 days after the date on which the
Secretary of Veterans Affairs concludes the investigation conducted by
the administrative investigation board described in subsection (a), the
Comptroller General of the United States shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report containing the results
of the review required under such subsection.
    (c) Aurora Medical Facility Project Defined.--In this section, the
term ``Aurora medical facility project'' means the major medical
facility project specified in section 2 to replace the medical center
of the Department of Veterans Affairs in Aurora, Colorado.

SEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS FOR MAJOR MEDICAL
              FACILITY PROJECTS THAT EXCEED AUTHORIZED AMOUNTS.

    Section 8104(c) of title 38, United States Code, is amended by
striking ``30 days'' and inserting ``120 days''.

Summary: Department of Veterans Affairs Construction, Accountability, and Reform Act This bill authorizes the Secretary of Veterans Affairs (VA) to carry out the Aurora medical facility project to replace the VA Medical Center in Aurora, Colorado. The Secretary may not pay any bonus during FY2015-FY2016. If the project to replace the VA Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to Congress that such major medical facility project is fully operational. The aggregate amount of subsequent fiscal year bonuses is capped through FY2024. The Secretary shall enter into an agreement with the Secretary of the Army for the Army Corps of Engineers to carry out the design, contract, construction management, and other similar services for the Aurora project. The Secretary is prohibited from carrying out any major medical facility project. The Secretary of the Army, through the Chief of Engineers, shall carry out all major medical facility projects for the Department. The Government Accountability Office shall review the Secretary's management of the Aurora project. The Secretary must notify Congress at least 120 days before obligating funds for major medical facility projects that exceed authorized amounts.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Justice Outreach Act of
2015''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROGRAM OF COORDINATED OUTREACH
              FOR JUSTICE-INVOLVED VETERANS AT RISK OF HOMELESSNESS.

    (a) Program Required.--
            (1) In general.--Subchapter III of chapter 20 of title 38,
        United States Code, is amended--
                    (A) by redesignating sections 2022 and 2023 as
                sections 2023 and 2024, respectively; and
                    (B) by inserting after section 2021A the following
                new section 2022:
``Sec. 2022. Coordination of outreach for justice-involved veterans at
              risk of homelessness
    ``(a) Program Required.--The Secretary shall carry out a program to
support veterans in contact with the criminal justice system by
discouraging unnecessary criminalization of mental illness and other
nonviolent crimes.
    ``(b) Partnership.--The Secretary shall carry out the program
required by subsection (a) in partnership with local law enforcement,
judicial, and community-based treatment and legal assistance
organizations.
    ``(c) Authorized Activities.--In carrying out the program required
by subsection (a), the Secretary may conduct the following:
            ``(1) Training for police, prosecutors, courts, public
        defenders, and other community-based support organizations on
        matters relating to psychological trauma associated with
        military service and mental health and substance abuse services
        available from the Department.
            ``(2) Support for courts and their officers, including
        physical presence in the courtroom setting, by facilitating
        mental health assessments, treatment planning, referrals to
        Department services, or such other services as may be requested
        by the courts.
            ``(3) Such other outreach and assistance as the Secretary
        considers appropriate for the provision of support described in
        subsection (a).
    ``(d) Justice Outreach Coordinators.--(1) In order to effectively
assist veterans in contact with the criminal justice system, the
Secretary shall establish coordinators to provide outreach under the
program required by subsection (a).
    ``(2) The Secretary shall ensure that each coordinator established
under paragraph (1) is knowledgeable about psychological and
psychiatric evaluation in relation to justice-based forensic matters,
such as--
            ``(A) psychiatric diagnosis;
            ``(B) developmental disabilities;
            ``(C) medical issues, such as traumatic brain injury;
            ``(D) competency and sanity;
            ``(E) neglect and abuse;
            ``(F) parental rights; and
            ``(G) life threatening issues, such as suicidality and
        homicidally.
    ``(e) Veteran in Contact With the Criminal Justice System
Defined.--In this section, the term `veteran in contact with the
criminal justice system' includes the following:
            ``(1) A veteran in contact with local law enforcement who
        can be appropriately diverted from arrest to mental health
        treatment.
            ``(2) A veteran in local jail either pretrial or serving a
        sentence.
            ``(3) A veteran in adjudication or monitoring by a
        court.''.
            (2) Conforming amendment.--Section 2023(f) of such title,
        as redesignated by paragraph (1)(A), is amended in paragraphs
        (2)(C) and (3)(C) by striking ``section 2023'' both places it
        appears and inserting ``section 2024''.
            (3) Clerical amendment.--The table of sections at the
        beginning of chapter 20 of such title is amended by striking
        the items relating to sections 2022 and 2023 and inserting the
        following new items:

``2022. Coordination of outreach for justice-involved veterans at risk
                            of homelessness.
``2023. Coordination of outreach services for veterans at risk of
                            homelessness.
``2024. Referral and counseling services: veterans at risk of
                            homelessness who are transitioning from
                            certain institutions.''.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, the Secretary of Veterans Affairs
        shall submit to Congress a report on the program carried out
        under section 2022(a) of such title, as added by subsection
        (a)(1).
            (2) Contents.--The report submitted under paragraph (1)
        shall include an assessment of the following:
                    (A) The number of coordinators established under
                section 2022(d)(1) of such title, as added by
                subsection (a)(1).
                    (B) The training of such coordinators.
                    (C) The capabilities of such coordinators.
                    (D) The capacity of the program carried out under
                section 2022(a) of such title, as so added, to meet the
                demand of veterans and courts for services under the
                program.

Summary: Veterans Justice Outreach Act of 2015 This bill directs the Department of Veterans Affairs (VA) to carry out a program to support veterans in contact with the criminal justice system by discouraging unnecessary criminalization of mental illness and other nonviolent crimes. The program shall be carried out in partnership with local law enforcement, judicial, and community-based treatment and legal assistance organizations. The VA shall establish coordinators to provide program outreach.

Veterans Justice Outreach Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act
of 2016''.

SEC. 2. PROHIBITION ON PYRAMID PROMOTIONAL SCHEMES.

    (a) In General.--It shall be unlawful for any person to establish,
operate, promote or cause to be promoted a pyramid promotional scheme.
    (b) Enforcement by the Federal Trade Commission.--A violation of
subsection (a) shall be treated as an unfair or deceptive act or
practice in or affecting commerce under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). The Federal Trade Commission shall
enforce such subsection in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41
et seq.) were incorporated into and made a part of this Act.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Appropriate inventory repurchase agreement.--The term
        ``appropriate inventory purchase agreement'' means a program by
        which a plan or operation repurchases, upon request at the
        termination of a participant's business relationship with the
        plan or operation and based upon commercially reasonable terms,
        current and marketable inventory purchased and maintained by
        the participant for resale, use, or consumption, and such plan
        or operation in its recruiting literature, sales manual, and
        contracts with participants, including the manner in which the
        repurchase is exercised, and disclosure of any inventory that
        is not eligible for repurchase under the program.
            (2) Commercially reasonable terms.--The term ``commercially
        reasonable terms'' means the repurchase of current and
        marketable inventory within 12 months from the date of purchase
        at not less than 90 percent of the original net cost to the
        participant, less appropriate set-offs and legal claims, if
        any.
            (3) Compensation.--The term ``compensation'' means the
        payment of any money, thing of value, financial benefits, or
        position within the plan or operation;
            (4) Consideration.--The term ``consideration''--
                    (A) means the payment of money or another thing of
                value or the purchase of a product, good, service,
                intangible property; and
                    (B) does not include--
                            (i) the purchase of a product furnished at
                        cost to be used in making a sale and not for
                        resale; or
                            (ii) any time and effort spent in pursuit
                        of sales or recruiting activities.
            (5) Current and marketable.--The term ``current and
        marketable'', with respect to inventory--
                    (A) means inventory that--
                            (i) in the case of consumable or durable
                        goods, is unopened, unused, and within its
                        commercially reasonable use or shelf-life
                        period; and
                            (ii) in the case services and intangible
                        property, including Internet sites, represents
                        the unexpired portion of any contract or
                        agreement; and
                    (B) does not include inventory that has been
                clearly described to the participant prior to purchase
                as discounted, seasonal, special promotion item, or not
                subject to the plan or operation's inventory repurchase
                program.
            (6) Inventory.--The term ``inventory'' means both goods and
        services, including company produced promotional material,
        sales aids, and sales kits that the plan or operation requires
        participants to purchase.
            (7) Inventory loading.--The term ``inventory loading''
        means that the plan or operation requires or encourages its
        participants to purchase inventory in an amount that
        unreasonably exceeds that which the participant can expect to
        resell to ultimate users, or to use or consume, in a reasonable
        period of time.
            (8) Participant.--The term ``participant'' means a person
        who joins the plan or operation.
            (9) Pyramid promotional scheme.--The term ``pyramid
        promotional scheme'' means a plan or operation by which a
        person gives consideration to a participant for the right to
        receive compensation that is derived primarily from a
        participant's introduction of another person into the plan or
        operation rather than from the sale of products to ultimate
        users.
            (10) Ultimate user.--The term ``ultimate user'' means a
        non-participant in the plan or operation, or a participant who
        purchases reasonable amounts of products, goods, services, or
        intangible property for personal use and whose purchase is not
        made solely for purposes of qualifying for increased
        compensation.

SEC. 4. LIMITATIONS.

    Nothing in this Act shall be construed to--
            (1) limit the authority of any Federal official from
        proceeding against pyramid promotional schemes for other
        violations of Federal law, including the Federal Trade
        Commission Act;
            (2) allow for a defense to an enforcement action under
        section 2 of this Act that the alleged pyramid promotional
        scheme involved both a franchise to sell a product and the
        authority to sell additional franchises if the emphasis of the
        alleged pyramid promotional scheme is on the sale of additional
        franchises; or
            (3) allow for a defense to an enforcement action under
        section 2 of this Act that the alleged pyramid promotional
        scheme included repurchase agreement inventory loading programs
        if the emphasis of the alleged pyramid promotional scheme is on
        the sale of additional franchises.

Summary: Anti-Pyramid Promotional Scheme Act of 2016 This bill prohibits the establishment, operation, or promotion of a pyramid promotional scheme, which is defined as a plan or operation by which a person gives consideration to a participant in the scheme for the right to receive compensation derived primarily from the participant's introduction of another person into the plan or operation rather than from the sale of products to ultimate users. The bill grants enforcement authority to the Federal Trade Commission and requires violations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Contractor Tax
Simplification Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Simplifying the tax rules with respect to independent
        contractors was the top vote-getter at the 1995 White House
        Conference on Small Business. Conference delegates recommended
        that Congress ``should recognize the legitimacy of an
        independent contractor''. The Conference found that the current
        common law is ``too subjective'' and called upon the Congress
        to establish ``realistic and consistent guidelines''.
            (2) It is in the best interests of taxpayers and the
        Federal Government to have fair and objective rules for
        determining who is an employee and who is an independent
        contractor.

SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
              EMPLOYEES.

    (a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(general provisions relating to employment taxes) is amended by adding
after section 3510 the following new section:

``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT
              EMPLOYEES.

    ``(a) General Rule.--For purposes of this title, and
notwithstanding any provision of this title to the contrary, if the
requirements of subsections (b), (c), and (d) are met with respect to
any service performed by any individual, then with respect to such
service--
            ``(1) the service provider shall not be treated as an
        employee,
            ``(2) the service recipient shall not be treated as an
        employer,
            ``(3) the payor shall not be treated as an employer, and
            ``(4) compensation paid or received for such service shall
        not be treated as paid or received with respect to employment.
    ``(b) Service Provider Requirements With Regard to Service
Recipient.--For the purposes of subsection (a), the requirements of
this subsection are met if the service provider, in connection with
performing the service--
            ``(1) has a significant investment in assets, training, or
        both,
            ``(2) incurs significant unreimbursed expenses,
            ``(3) agrees to perform the service for a particular amount
        of time or to complete a specific result and is liable for
        damages for early termination without cause,
            ``(4) is paid primarily on a commissioned basis or per unit
        basis, or
            ``(5) purchases products for resale.
    ``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if--
            ``(1) the service provider--
                    ``(A) has a principal place of business,
                    ``(B) does not primarily provide the service at the
                service recipient's facilities,
                    ``(C) pays a fair market rent for use of the
                service recipient's facilities, or
                    ``(D) operates primarily from equipment not
                supplied by the service recipient; or
            ``(2) the service provider--
                    ``(A) is not required to perform service
                exclusively for the service recipient, and
                    ``(B) in the year involved, or in the preceding or
                subsequent year--
                            ``(i) has performed a significant amount of
                        service for other persons,
                            ``(ii) has offered to perform service for
                        other persons through--
                                    ``(I) advertising,
                                    ``(II) individual written or oral
                                solicitations,
                                    ``(III) listing with registries,
                                agencies, brokers, and other persons in
                                the business of providing referrals to
                                other service recipients, or
                                    ``(IV) other similar activities, or
                            ``(iii) provides service under a business
                        name which is registered with (or for which a
                        license has been obtained from) a State, a
                        political subdivision of a State, or any agency
                        or instrumentality of 1 or more States or
                        political subdivisions.
    ``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the individual are performed pursuant to a written
contract between such individual and the person for whom the services
are performed, or the payor, and such contract provides that the
individual will not be treated as an employee with respect to such
services for purposes of this subtitle.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Failure to meet reporting requirements.--If for any
        taxable year any service recipient or payor fails to meet the
        applicable reporting requirements of sections 6041(a),
        6041A(a), or 6051 with respect to a service provider, then,
        unless such failure is due to reasonable cause and not willful
        neglect, this section shall not apply in determining whether
        such service provider shall not be treated as an employee of
        such service recipient or payor for such year.
            ``(2) Related entities.--If the service provider is
        performing services through an entity owned in whole or in part
        by such service provider, then the references to `service
        provider' in subsections (b) through (d) may include such
        entity, provided that the written contract referred to in
        paragraph (1) of subsection (d) may be with either the service
        provider or such entity and need not be with both.
    ``(f) Definitions.--For the purposes of this section--
            ``(1) Service provider.--The term `service provider' means
        any individual who performs service for another person.
            ``(2) Service recipient.--Except as provided in paragraph
        (5), the term `service recipient' means the person for whom the
        service provider performs such service.
            ``(3) Payor.--Except as provided in paragraph (5), the term
        `payor' means the person who pays the service provider for the
        performance of such service in the event that the service
        recipients do not pay the service provider.
            ``(4) In connection with performing the service.--The term
        `in connection with performing the service' means in connection
        or related to--
                    ``(A) the actual service performed by the service
                provider for the service recipients or for other
                persons for whom the service provider has performed
                similar service, or
                    ``(B) the operation of the service provider's trade
                or business.
            ``(5) Exceptions.--The terms `service recipient' and
        `payor' do not include any entity which is owned in whole or in
        part by the service provider.''
    (b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:

                              ``Sec. 3511. Standards for determining
                                        whether individuals are not
                                        employees.''
    (c) Effective Date.--The amendments made by this Act shall apply to
services performed before, on, or after the date of the enactment of
this Act.

Summary: Independent Contractor Tax Simplification Act of 1996 - Amends the Internal Revenue Code to provide that, for purposes of determining the employment status of individuals as employees, a service provider shall not be treated as an employee, a service recipient shall not be treated as an employer, a payor shall not be treated as an employer, and compensation paid or received for such service shall not be treated as paid or received with respect to employment if certain conditions are met.


SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary for Indian Health appointed under
        subsection (b)(2)(A).
            (2) Department.--The term ``Department'' means the
        Department of Health and Human Services.
            (3) Office.--The term ``Office'' means the Office of the
        Assistant Secretary for Indian Health established by subsection
        (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
    (b) Establishment.--
            (1) In general.--There is established within the Department
        the Office of the Assistant Secretary for Indian Health.
            (2) Assistant secretary.--
                    (A) In general.--Except as provided in subparagraph
                (B), the Office shall be headed by an Assistant
                Secretary for Indian Health, to be appointed by the
                President, by and with the advice and consent of the
                Senate.
                    (B) Continued service by incumbent.--The individual
                serving in the position of Director of the Indian
                Health Service on the day before the date of enactment
                of this Act may serve as Assistant Secretary at the
                pleasure of the President after the date of enactment
                of this Act.
            (3) Duties.--The position of Assistant Secretary is
        established to, in a manner consistent with the government-to-
        government relationship between the United States and Indian
        tribes--
                    (A) facilitate advocacy for the development of
                appropriate Indian health policy; and
                    (B) promote consultation on matters relating to
                Indian health.
    (c) Assistant Secretary for Indian Health.--In addition to the
functions performed as of the date of enactment of this Act by the
Director of the Indian Health Service, the Assistant Secretary shall--
            (1) report directly to the Secretary concerning all policy-
        and budget-related matters affecting Indian health;
            (2) collaborate with the Assistant Secretary for Health
        concerning appropriate matters of Indian health that affect the
        agencies of the Public Health Service;
            (3) advise each Assistant Secretary of the Department
        concerning matters of Indian health with respect to which that
        Assistant Secretary has authority and responsibility;
            (4) advise the heads of other agencies and programs of the
        Department concerning matters of Indian health with respect to
        which those heads have authority and responsibility;
            (5) coordinate the activities of the Department concerning
        matters of Indian health; and
            (6) perform such other functions as the Secretary may
        designate.
    (d) Rate of Pay.--
            (1) Positions at level iv.--Section 5315 of title 5, United
        States Code, is amended by striking ``Assistant Secretaries of
        Health and Human Services (6).'' and inserting ``Assistant
        Secretaries of Health and Human Services (7).''.
            (2) Positions at level v.--Section 5316 of title 5, United
        States Code, is amended by striking ``Director, Indian Health
        Service, Department of Health and Human Services.''.
    (e) Duties of Assistant Secretary for Indian Health.--Section 601
of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended
by striking the section heading and all that follows through subsection
(a) and inserting the following:

``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF
              THE PUBLIC HEALTH SERVICE.

    ``(a) Establishment.--
            ``(1) In general.--In order to more effectively and
        efficiently carry out the responsibilities, authorities, and
        functions of the United States to provide health care services
        to Indians and Indian tribes, there is established within the
        Public Health Service of the Department of Health and Human
        Services the Indian Health Service.
            ``(2) Administration.--The Indian Health Service shall be
        administered by the Assistant Secretary for Indian Health.
            ``(3) Duties.--In carrying out paragraph (2), the Assistant
        Secretary shall--
                    ``(A) report directly to the Secretary concerning
                all policy- and budget-related matters affecting Indian
                health;
                    ``(B) collaborate with the Assistant Secretary for
                Health concerning appropriate matters of Indian health
                that affect the agencies of the Public Health Service;
                    ``(C) advise each Assistant Secretary of the
                Department of Health and Human Services concerning
                matters of Indian health with respect to which that
                Assistant Secretary has authority and responsibility;
                    ``(D) advise the heads of other agencies and
                programs of the Department of Health and Human Services
                concerning matters of Indian health with respect to
                which those heads have authority and responsibility;
                    ``(E) coordinate the activities of the Department
                of Health and Human Services concerning matters of
                Indian health; and
                    ``(F) perform such other functions as the Secretary
                may designate.''.
    (f) Conforming Amendments.--
            (1) Amendments to indian health care improvement act.--The
        Indian Health Care Improvement Act is amended--
                    (A) in section 601 (25 U.S.C. 1661)--
                            (i) in subsection (c), by striking
                        ``Director of the Indian Health Service'' each
                        place it appears and inserting ``Assistant
                        Secretary for Indian Health''; and
                            (ii) in subsection (d)(1), by striking
                        ``Director of the Indian Health Service'' and
                        inserting ``Assistant Secretary for Indian
                        Health''; and
                    (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)),
                by striking ``Director of the Indian Health Service''
                and inserting ``Assistant Secretary for Indian
                Health''.
            (2) Amendments to other provisions of law.--
                    (A) Section 3307(b)(1)(C) of the Children's Health
                Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310)
                is amended by striking ``Director of the Indian Health
                Service'' and inserting ``Assistant Secretary for
                Indian Health''.
                    (B) The Indian Lands Open Dump Cleanup Act of 1994
                is amended--
                            (i) in section 3 (25 U.S.C. 3902)--
                                    (I) by striking paragraph (2);
                                    (II) by redesignating paragraphs
                                (1), (3), (4), (5), and (6) as
                                paragraphs (4), (5), (2), (6), and (1),
                                respectively, and moving those
                                paragraphs so as to appear in numerical
                                order; and
                                    (III) by inserting before paragraph
                                (4) (as redesignated by subclause (II))
                                the following:
            ``(3) Assistant secretary.--The term `Assistant Secretary'
        means the Assistant Secretary for Indian Health.'';
                            (ii) in section 5 (25 U.S.C. 3904), by
                        striking the section heading and inserting the
                        following:

``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.'';

                            (iii) in section 6(a) (25 U.S.C. 3905(a)),
                        in the subsection heading, by striking
                        ``Director'' and inserting ``Assistant
                        Secretary'';
                            (iv) in section 9(a) (25 U.S.C. 3908(a)),
                        in the subsection heading, by striking
                        ``Director'' and inserting ``Assistant
                        Secretary''; and
                            (v) by striking ``Director'' each place it
                        appears and inserting ``Assistant Secretary''.
                    (C) Section 5504(d)(2) of the Augustus F. Hawkins-
                Robert T. Stafford Elementary and Secondary School
                Improvement Amendments of 1988 (25 U.S.C. 2001 note;
                Public Law 100-297) is amended by striking ``Director
                of the Indian Health Service'' and inserting
                ``Assistant Secretary for Indian Health''.
                    (D) Section 203(a)(1) of the Rehabilitation Act of
                1973 (29 U.S.C. 763(a)(1)) is amended by striking
                ``Director of the Indian Health Service'' and inserting
                ``Assistant Secretary for Indian Health''.
                    (E) Subsections (b) and (e) of section 518 of the
                Federal Water Pollution Control Act (33 U.S.C. 1377)
                are amended by striking ``Director of the Indian Health
                Service'' each place it appears and inserting
                ``Assistant Secretary for Indian Health''.
                    (F) Section 317M(b) of the Public Health Service
                Act (42 U.S.C. 247b-14(b)) is amended--
                            (i) by striking ``Director of the Indian
                        Health Service'' each place it appears and
                        inserting ``Assistant Secretary for Indian
                        Health''; and
                            (ii) in paragraph (2)(A), by striking ``the
                        Directors referred to in such paragraph'' and
                        inserting ``the Director of the Centers for
                        Disease Control and Prevention and the
                        Assistant Secretary for Indian Health''.
                    (G) Section 417C(b) of the Public Health Service
                Act (42 U.S.C. 285-9(b)) is amended by striking
                ``Director of the Indian Health Service'' and inserting
                ``Assistant Secretary for Indian Health''.
                    (H) Section 1452(i) of the Safe Drinking Water Act
                (42 U.S.C. 300j-12(i)) is amended by striking
                ``Director of the Indian Health Service'' each place it
                appears and inserting ``Assistant Secretary for Indian
                Health''.
                    (I) Section 803B(d)(1) of the Native American
                Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is
                amended in the last sentence by striking ``Director of
                the Indian Health Service'' and inserting ``Assistant
                Secretary for Indian Health''.
                    (J) Section 203(b) of the Michigan Indian Land
                Claims Settlement Act (Public Law 105-143; 111 Stat.
                2666) is amended by striking ``Director of the Indian
                Health Service'' and inserting ``Assistant Secretary
                for Indian Health''.
    (g) References.--Any reference to the Director of the Indian Health
Service in any other Federal law, Executive order, rule, regulation, or
delegation of authority, or in any document of or relating to the
Director of the Indian Health Service, shall be deemed to refer to the
Assistant Secretary.

            Passed the Senate July 16, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

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

A bill to elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Labeling Promotion
Act of 2012''.

SEC. 2. ACCESSIBILITY OF INFORMATION IN PRESCRIPTION DRUG LABELING BY
              VISUALLY-IMPAIRED AND BLIND CONSUMERS.

    (a) Establishment of Working Group.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        establish a working group (in this section referred to as the
        ``working group'') to develop and promulgate guidance
        constituting best practices on access to prescription drug
        labeling for the visually impaired.
            (2) Members.--The working group shall include
        representatives of national organizations representing blind
        and visually impaired individuals, national organizations
        representing the elderly, and industry groups representing
        stakeholders, including pharmacists, who would be impacted by
        such best practices. Representation within the working group
        shall be divided equally between consumer and industry
        advocates.
            (3) Guidance on best practices.--The working group shall
        promulgate, not later than 1 year after the date of the
        enactment of this Act, guidance on best practices for
        pharmacies to ensure that blind and visually impaired
        individuals have safe, consistent, reliable, and independent
        access to the information in the labeling of prescription
        drugs. Such guidance shall be made available through
        publication in the Federal Register and posting on the Web site
        of the Food and Drug Administration.
            (4) Considerations.--In developing and promulgating such
        guidance on best practices, the working group shall consider--
                    (A) the use of--
                            (i) Braille;
                            (ii) auditory means, such as--
                                    (I) ``talking bottles'' that
                                provide audible label information;
                                    (II) digital voice recorders
                                attached to the prescription drug
                                container; and
                                    (III) radio frequency
                                identification (RFID) tags; and
                            (iii) enhanced visual means, such as--
                                    (I) large font labels or large font
                                ``duplicate'' labels that are affixed
                                or matched to a prescription drug
                                container;
                                    (II) high-contrast printing; and
                                    (III) sans-serf font;
                    (B) whether there are technical, financial,
                manpower, or other factors unique to pharmacies with 20
                or fewer retail locations which may fundamentally
                impact the ability of such pharmacies to implement the
                best practices; and
                    (C) such other factors as the working group
                determines to be appropriate.
            (5) Information campaign.--Upon the promulgation of the
        guidance on best practices, the Commissioner of Food and Drugs,
        in consultation with the working group, shall conduct an
        informational and educational program designed to inform the
        public and pharmacists about such guidance and practices.
            (6) FACA waiver.--The Federal Advisory Committee Act shall
        not apply to the working group.
    (b) GAO Study.--
            (1) In general.--Beginning 18 months after the publication
        of the guidance on best practices under subsection (a), the
        Comptroller General of the United States shall conduct a review
        of such guidance, the extent to which pharmacies are complying
        with such best practices, and the extent to which barriers to
        accessible prescription drug labeling for blind and visually-
        impaired individuals continue.
            (2) Report.--Not later than September 30, 2016, the
        Comptroller General shall submit to Congress a report on the
        review conducted under paragraph (1). Such report shall include
        recommendations for how best to reduce the barriers blind and
        visually-impaired individuals have to access prescription drug
        labeling.
    (c) Definitions.--In this section:
            (1) The term ``pharmacy'' includes a pharmacy that receives
        prescriptions, and dispenses prescription drugs, through an
        Internet Web site.
            (2) The term ``prescription drug'' means a drug subject to
        section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act
        (21 U.S.C. 353(b)(1)).

Summary: Prescription Drug Labeling Promotion Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish a working group to develop best practices on access to prescription drug labeling for the visually impaired. Requires the working group to: (1) include equal representation of consumer and industry advocates. (2) promulgate guidance on best practices for pharmacies to ensure that blind and visually impaired individuals have safe, consistent, reliable, and independent access to the information in the labeling of prescription drugs. (3) consider the use of Braille, specified auditory means, and enhanced visual means to provide such access. And (4) consider whether there are technical, financial, manpower, or other factors that may fundamentally impact the ability of pharmacies with 20 or fewer retail locations to implement the best practices. Directs the Commissioner of Food and Drugs (FDA) to conduct an informational and educational program to inform the public and pharmacists about such guidance and practices. Directs the Comptroller General: (1) 18 months after such guidance and practices are published, to review pharmacy compliance and the extent to which access barriers continue. And (2) by September 30, 2016, to report on such review, including recommendations for reducing such barriers.

To provide for the development and dissemination of best practices to ensure that visually-impaired and blind individuals in the United States have safe, consistent, reliable, and independent access to the information in prescription drug labeling.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Mariner and Vessel
Protection Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of the Act is to assist in the defense of United
States-flag vessels against piracy and to ensure the traditional right
of self-defense of those vessels against piracy.

SEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED
              STATES-FLAG VESSELS IN INTERNATIONAL WATERS.

    Section 70106 of title 46, United States Code, is amended by adding
at the end the following:
    ``(d) International Deployment.--
            ``(1) In general.--In addition to authorities provided
        under this section, the Commandant of the Coast Guard may
        deploy a maritime safety and security team on a temporary
        basis, not to exceed six months, to deter, protect against, and
        rapidly respond to acts of piracy against vessels (as defined
        in section 70122) in international waters.
            ``(2) Notification of congress.--The Commandant shall
        notify the Committee on Transportation and Infrastructure of
        the House of Representatives and the Committee on Commerce,
        Science, and Transportation of the Senate not later than 10
        days after the deployment of a maritime safety and security
        team authorized under this subsection.''.

SEC. 4. AUTHORITY TO USE FORCE.

    (a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 70122. Authority to use force
    ``(a) In General.--The Secretary shall issue regulations
establishing standards and circumstances under which an individual is
authorized to use force (including lethal force) against an individual
in the defense of a vessel against piracy.
    ``(b) Limitation on Liability.--
            ``(1) Liability of owners, operators and masters.--An
        owner, operator, time charterer, or master of vessel shall not
        be liable for damages in any action brought in a Federal or
        State court arising out of the use of force authorized under
        regulations under subsection (a), including the use of or
        failure to use a firearm so authorized.
            ``(2) Liability of an individual.--An individual shall not
        be liable for damages in any action brought in a Federal or
        State court arising out of use of force authorized under
        regulations under subsection (a) by that individual unless the
        individual is grossly negligent or engages in willful
        misconduct.
            ``(3) Liability of federal government.--For purposes of an
        action against the United States with respect to an act or
        omission arising out of a use of force authorized under
        regulations under subsection (a), an individual shall be
        treated as an employee of the Federal Government under chapter
        171 of title 28, relating to tort claims procedure.
            ``(4) Limitation on application.--The limitations on
        liability described in paragraphs (1), (2), and (3) apply only
        if the individual who uses force authorized under regulations
        under subsection (a)--
                    ``(A) holds a license issued under section 7101 or
                a merchant mariner document issued under section 7301;
                and
                    ``(B) in a case in which the use of force included
                the use of a firearm, has completed training certified
                by the Coast Guard for use of firearms aboard vessels.
    ``(c) Vessel Defined.--For purposes of this section, the term
`vessel' means a vessel for which the Secretary has issued a
certificate of inspection under section 3309 and that is operating in
waters designated by the Secretary as high-risk waters.''.
    (b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:

``70122. Authority to use force.''.
    (c) Deadlines.--The Secretary of the department in which the Coast
Guard is operating shall--
            (1) no later than 3 months after the date of enactment of
        this Act, issue regulations under section 70122(a) of title 46,
        United States Code, as amended by this section; and
            (2) in consultation with the Secretary of Defense and no
        later than 6 months after the date of enactment of this Act,
        issue regulations to certify, for purposes of section
        70122(b)(4)(B) of such title, courses to train on a recurrent
        basis individuals who hold a license issued under section 7101
        or a merchant mariner document issued under section 7301 in the
        use of firearms aboard vessels.

SEC. 5. AGREEMENTS.

    To carry out the purpose of this Act, the Secretary of the
department in which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements to promote
coordinated action among flag and port states to deter, protect
against, and rapidly respond to acts of piracy against the vessels of,
and in the waters under the jurisdiction of, those nations, and to
ensure limitations on liability similar to those established by section
70122 of title 46, United States Code, as amended by this Act.

Summary: United States Mariner and Vessel Protection Act of 2009 - Authorizes the Coast Guard's Commandant to deploy a maritime safety and security team for up to six months to deter, protect against, and rapidly respond to acts of piracy against vessels in international waters. Directs the Secretary of the department in which the Coast Guard is operating to issue regulations establishing standards and circumstances under which an individual is authorized to use force against an individual in the defense of a vessel against piracy. Limits the liability of the individuals, the federal government, and owners, operators, and masters of vessels in actions arising out of a use of force authorized under the regulations. Directs the Secretary to work through the International Maritime Organization (IMO) to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those under this Act.

To amend title 46, United States Code, to assist in the defense of United States mariners and vessels against piracy, to ensure the traditional right of self-defense of those vessels against piracy, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability and Responsibility in
Contracting Act''.

SEC. 2. INELIGIBILITY OF EXPATRIATED CORPORATIONS FOR FEDERAL CONTRACT
              AWARDS.

    (a) In General.--No acquiring corporation or any subsidiary of such
a corporation that enters into a corporate expatriation transaction
shall be eligible to be awarded a Federal contract.
    (b) Period of Ineligibility.--The period of ineligibility under
subsection (a) shall be 3 years, beginning on the date of completion of
the corporate expatriation transaction.
    (c) Exception for Repatriated Corporations.--If an acquiring
corporation reorganizes as a domestic corporation within one year after
the date of the enactment of this Act under the applicable
incorporation laws of a State, subsection (a) shall not apply.
    (d) Definitions.--In this Act:
            (1) Corporate expatriation transaction.--(A) The term
        ``corporate expatriation transaction''--
                    (i) means any transaction if--
                            (I) a foreign corporation (referred to in
                        this section as the ``acquiring corporation'')
                        acquires, as a result of such transaction,
                        directly or indirectly substantially all of the
                        properties held directly or indirectly by a
                        domestic corporation; and
                            (II) immediately after the transaction,
                        more than 80 percent of the stock (by vote or
                        value) of the acquiring corporation is held by
                        former shareholders of the domestic corporation
                        by reason of holding stock in the domestic
                        corporation; and
                    (ii) includes any transaction if--
                            (I) a foreign corporation acquires, as a
                        result of such transaction, directly or
                        indirectly properties constituting a trade or
                        business of a domestic partnership;
                            (II) immediately after the transaction,
                        more than 80 percent of the stock (by vote or
                        value) of the acquiring corporation is held by
                        former partners of the domestic partnership or
                        related foreign partnership (determined without
                        regard to stock of the acquiring corporation
                        which is sold in a public offering related to
                        the transaction); and
                            (III) the acquiring corporation meets the
                        requirements of clauses (i) and (ii) of
                        subparagraph (B).
            (B) Subclause (II) of subparagraph (A)(i) shall be applied
        by substituting ``50 percent'' for ``80 percent'' with respect
        to any foreign corporation if--
                    (i) such corporation does not have substantial
                business activities (when compared to the total
                business activities of the expanded affiliated group)
                in the foreign country in which or under the law of
                which the corporation is created or organized; and
                    (ii) the stock of the corporation is publicly
                traded and the principal market for the public trading
                of such stock is in the United States.
            (C) For purposes of this paragraph--
                    (i) a series of related transactions shall be
                treated as 1 transaction; and
                    (ii) stock held by members of the expanded
                affiliated group which includes the acquiring
                corporation shall not be taken into account in
                determining ownership.
            (2) Domestic.--The term ``domestic'' means created or
        organized in the United States or under the law of the United
        States or of any State.
            (3) Expanded affiliated group.--The term ``expanded
        affiliated group'' means an affiliated group as defined in
        section 1504(a) of the Internal Revenue Code of 1986, without
        regard to section 1504(b) of such Code.
    (e) Applicability.--This section shall apply with respect to a
corporate expatriation transaction occurring before, on, or after the
date of the enactment of this Act.
    (f) Waiver.--
            (1) In general.--Subject to paragraph (2), the President
        may waive this section with respect to any specific contract if
        the President certifies to Congress that the waiver is required
        in the interest of national security.
            (2) Report.--The President may not carry out a waiver under
        paragraph (1) until a period of 30 days has expired after the
        President submits to Congress a report containing the
        certification described in paragraph (1) and setting forth the
        rationale for the waiver.

SEC. 3. INELIGIBILITY FOR FEDERAL CONTRACT AWARDS OF COMPANIES DOING
              BUSINESS WITH, AND COMPANIES WITH FOREIGN SUBSIDIARIES
              DOING BUSINESS WITH, STATE SPONSORS OF TERRORISM OR
              FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--No entity doing business with a state sponsor of
terrorism or foreign terrorist organization, and no entity with a
foreign subsidiary doing business with a state sponsor of terrorism or
foreign terrorist organization, shall be eligible to be awarded a
Federal contract.
    (b) Period of Ineligibility.--The period of ineligibility under
subsection (a), as determined by the head of the executive agency
entering into the contract concerned, in cooperation with the Secretary
of State, shall be--
            (1) 3 years for a first offense;
            (2) 10 years for a second offense; and
            (3) 15 years for any offense after a second offense,
beginning on the date of certification under subsection (c) or (d).
    (c) Certification for Current Contracts.--Each executive agency
shall require, for each contract with the agency that is in effect on
the date of the enactment of this Act, that the contractor certify in
writing that the contractor, the contractor's domestic parent company,
and all other domestic subsidiaries of the domestic parent company did
not do business, and did not own a foreign subsidiary that did
business, during the 10-year period ending on the date of the enactment
of this Act, with a state sponsor of terrorism or a foreign terrorist
organization. A certification that the contractor, the parent, or other
subsidiaries did do such business, or did own one or more foreign
subsidiaries that did such business, shall be considered a first
offense under subsection (b).
    (d) Certification for Future Contracts.--Each executive agency
shall require, as a condition of entering into a contract after the
date of the enactment of this Act, that a potential contractor certify
in writing that the potential contractor, the potential contractor's
domestic parent company, and all other domestic subsidiaries of the
domestic parent company is not doing business, and does not own a
foreign subsidiary that is doing business, or has done business within
the last ten years, with a state sponsor of terrorism or a foreign
terrorist organization. Each certification that the potential
contractor, the parent, or other subsidiaries is doing such business,
or owned one or more foreign subsidiaries doing such business currently
or in the last ten years, shall be considered a separate offense under
subsection (b).
    (e) Complaints.--
            (1) In general.--Citizens may file complaints with
        executive agencies regarding Federal contractors.
            (2) Report.--The head of each executive agency shall submit
        to Congress an annual report on the complaints received by
        citizens under this subsection, including the nature of the
        complaint and the manner in which the agency handled the
        complaint.
    (f) Definitions.--In this section:
            (1) Executive agency.--The term ``executive agency'' has
        the meaning provided in section 102 of title 31, United States
        Code.
            (2) Foreign subsidiary.--The term ``foreign subsidiary''
        means any foreign entity owned or controlled (directly or
        indirectly) by a potential contractor.
            (3) State sponsor of terrorism.--The term ``state sponsor
        of terrorism'' means any government which the Secretary of
        State has determined, for purposes of section 6(j) of the
        Export Administration Act of 1979, section 620A of the Foreign
        Assistance Act of 1961, section 40 of the Arms Export Control
        Act, or other provision of law, is a government that has
        provided support for acts of international terrorism.
            (4) Foreign terrorist organization.--The term ``foreign
        terrorist organization'' means a foreign terrorist organization
        designated under section 219 of the Immigration and Nationality
        Act (8 U.S.C. 1189).

Summary: Accountability and Responsibility in Contracting Act - Prohibits any acquiring corporation or any subsidiary of any such a corporation that enters into a corporate expatriation transaction from being eligible to be awarded a Federal contract for a three-year period, unless the acquiring corporation reorganizes as a domestic corporation under the applicable incorporation laws of a State. Prohibits any entity and any entity with a foreign subsidiary doing business with a state sponsor of terrorism or foreign terrorist organization from being eligible to be awarded a Federal contract for a period of: (1) three years for a first offense, (2) ten years for a second offense. And (3) 15 years for any offense after a second offense. Directs each executive agency to require certification from a current contractor that the contractor, the contractor's domestic parent company and all other domestic subsidiaries of the parent did not do business, and did not own a foreign subsidiary that did business, during the ten-year period ending on this Act's enactment with such a state sponsor or organization. Directs each executive agency to require certification from a potential contractor, that the potential contractor, the potential contractor's domestic parent company, and all other domestic subsidiaries of the parent is not doing business, and does not own a foreign subsidiary that is doing business, or has done business within the last ten years, with such a state sponsor or organization. Permits citizens to file complaints with executive agencies regarding Federal contractors and requires annual reporting on the complaints to Congress.

To make ineligible for Federal contract awards any expatriated corporations and any companies that do business with, or own foreign subsidiaries that do business with, state sponsors of terrorism or foreign terrorist organizations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring the 10th Amendment Act''.

SEC. 2. FINDINGS.

    The Congress finds:
            (1) The 10th Amendment to the Constitution of the United
        States (referred to in this Act as the ``10th Amendment''),
        ratified on December 15, 1791, provides, ``The powers not
        delegated to the United States by the Constitution, nor
        prohibited by it to the States, are reserved to the States
        respectively, or to the people.''.
            (2) The 10th Amendment expressly limits the powers of the
        Federal Government to those delegated by the Constitution and
        reaffirms and protects the freedom of the States to exercise
        those that are not.
            (3) The 10th Amendment reflects the opposition of the
        Founding Fathers to a Federal Government with expansive powers,
        their intention for the powers of the States to act as a check
        on those of the Federal Government, and their concern that the
        Federal Government would attempt to usurp powers intended to
        remain with the States.
            (4) James Madison, in The Federalist No. 45, wrote, ``The
        powers delegated by the proposed Constitution to the federal
        government are few and defined. Those which are to remain in
        the State governments are numerous and indefinite.''.
            (5) The Supreme Court, in United States v. Sprague, 282
        U.S. 716 (1931), noted, ``The Tenth Amendment was intended to
        confirm the understanding of the people at the time the
        Constitution was adopted, that powers not granted to the United
        States were reserved to the States or to the people.''.
            (6) The Supreme Court, in Fry v. United States, 421 U.S.
        542 (1975), also noted, ``The Amendment expressly declares the
        constitutional policy that Congress may not exercise power in a
        fashion that impairs the States' integrity or their ability to
        function effectively in a federal system.''.
            (7) The Executive departments and agencies of the Federal
        Government often promulgate regulations contrary to the spirit
        and letter of the 10th Amendment.
            (8) The 10th Amendment assures that the people of the
        United States, and each sovereign State in the Union of States,
        have, and have always had, rights that the Federal Government
        may not usurp.
            (9) Congress has the responsibility to safeguard the 10th
        Amendment and to recognize that it is as vital and valuable
        today as on the date of its ratification.

SEC. 3. SPECIAL STANDING FOR CERTAIN STATE OFFICIALS TO CHALLENGE
              FEDERAL RULEMAKING AS A VIOLATION OF THE 10TH AMENDMENT.

    (a) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given that term in
        section 551 of title 5, United States Code;
            (2) the term ``designated State official'' means, with
        respect to a State--
                    (A) the chief executive of the State;
                    (B) the lieutenant governor or equivalent officer
                of the State;
                    (C) the chief legal officer of the State; or
                    (D) a legislative leader of the State;
            (3) the term ``legislative leader'' means a speaker,
        majority leader, or minority leader, of a State legislature or
        any House thereof; and
            (4) the term ``rule'' has the meaning given that term in
        section 551 of title 5, United States Code.
    (b) Submission of Legal Brief.--During any period during which a
proposed rule is open for public comment under chapter 5 of title 5,
United States Code, any designated State official may submit to the
head of the agency proposing the rule a legal brief challenging the
constitutionality of the proposed rule under the 10th Amendment.
    (c) Duty of Federal Official To Post Link to the Brief.--The head
of the agency proposing a rule described in subsection (b) shall
prominently post on the front page of the Web site of the agency, in
such a manner that it is immediately noticeable to individuals who
visit that Web site, a link to each brief submitted under subsection
(b).
    (d) Response by Federal Agency.--Unless an agency determines not to
finalize a proposed rule described in subsection (b), not later than 15
days after posting the link under subsection (c), the head of the
agency shall--
            (1) certify in writing that, in the opinion of the head of
        the agency, the rule does not violate the 10th Amendment;
            (2) include in the certification the full legal reasoning
        supporting that opinion; and
            (3) prominently post the certification on the front page of
        the Web site of the agency next to the links to the legal
        briefs pertaining to the rule posted under subsection (c).
    (e) Notice to Officials of Other States.--Not later than 15 days
after the date on which a designated State official submits a brief
under subsection (b), the head of the agency proposing the rule shall
give notice to each designated State official of each State that the
brief was submitted.
    (f) Actions by State Officials.--
            (1) Commencement of action.--At any time after the head of
        an agency posts a certification under subsection (d) that a
        rule does not violate the 10th Amendment, a designated State
        official may commence a civil action against the agency on the
        grounds that the rule of the agency violates the 10th
        Amendment.
            (2) Venue and jurisdiction.--If a designated State official
        decides to commence an action under paragraph (1), in addition
        to any other venue or jurisdiction that may be provided by law,
        the official may bring the action in the district court of the
        United States for the district in which the place of business
        of the official is located, which shall be a proper venue for
        the action and the court shall have jurisdiction of the action.
            (3) Expedited appeal.--Upon the filing of a notice of
        appeal by a designated State official who is a party to an
        action described in paragraph (1) brought in a district court
        of the United States, the appropriate court of appeals of the
        United States shall grant expedited review of a decision by the
        district court in the action.

Summary: Restoring the 10th Amendment Act Authorizes a designated state official to submit to the head of a federal agency proposing a rule, during the period when the proposed rule is open for public comment, a legal brief challenging the constitutionality of the rule under the Tenth Amendment to the Constitution. Directs the agency head: (1) to notify the designated official of each state within 15 days after such a brief was submitted. (2) to post prominently on the front page of the agency's website a link to the brief. And (3) within 15 days after posting such link, to certify in writing that such rulemaking does not violate the Tenth Amendment and post the certification prominently on the agency's website next to the briefs pertaining to the rule, unless the agency determines not to finalize such proposed rule. Authorizes a designated state official, at any time after an agency head posts such a certification, to commence a civil action against the agency on the grounds that the rule violates the Tenth Amendment. Permits such state official, in addition to any other venue or jurisdiction provided by law, to bring such action in the US district court for the district in which the official's place of business is located. Directs the appropriate US court of appeals, upon the filing of a notice by a designated state official, to grant expedited review of a decision by the district court in such an action.

Restoring the 10th Amendment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Health Insurance Portability
Protection Act of 1997''.

SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS
              UNDER COLLEGE-SPONSORED HEALTH PLANS.

    (a) In General.--Title XXVII of the Public Health Service Act, as
added by section 102(a) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191), is amended by
inserting after section 2723 the following new section:

``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER
              COLLEGE-SPONSORED HEALTH PLANS.

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

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


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Improvements for Special
Needs Beneficiaries Act of 2002''.

SEC. 2. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS
              BENEFICIARIES.

    (a) Establishment of Specialized Medicare+Choice Plans for Special
Needs Beneficiaries.--
            (1) Treatment as coordinated care plan.--Section
        1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
        21(a)(2)(A)) is amended by adding at the end the following new
        sentence: ``Specialized Medicare+Choice plans for special needs
        beneficiaries (as defined in section 1859(b)(4)) may be any
        type of coordinated care plan.''.
            (2) Specialized medicare+choice plan for special needs
        beneficiaries defined.--Section 1859(b) of the Social Security
        Act (42 U.S.C. 1395w-28(b)) is amended by adding at the end the
        following new paragraph:
            ``(4) Specialized medicare+choice plans for special needs
        beneficiaries.--
                    ``(A) In general.--The term `specialized
                Medicare+Choice plan for special needs beneficiaries'
                means a Medicare+Choice plan that exclusively serves
                special needs beneficiaries (as defined in subparagraph
                (B)).
                    ``(B) Special needs beneficiary.--The term `special
                needs beneficiary' means a Medicare+Choice eligible
                individual who--
                            ``(i) is institutionalized (as defined by
                        the Secretary);
                            ``(ii) is entitled to medical assistance
                        under a State plan under title XIX; or
                            ``(iii) meets such other requirements as
                        the Secretary may establish for purposes of
                        identifying beneficiaries with a severe and
                        disabling chronic condition who would benefit
                        from enrollment in a Medicare+Choice plan
                        described in subparagraph (A).''.
            (3) Restriction on enrollment permitted.--Section 1859 of
        the Social Security Act (42 U.S.C. 1395w-28) is amended by
        adding at the end the following new subsection:
    ``(f) Restriction on Enrollment for Specialized Medicare+Choice
Plans for Special Needs Beneficiaries.--In the case of a specialized
Medicare+Choice plan for special needs beneficiaries (as defined in
subsection (b)(4)), notwithstanding any other provision of this part
and in accordance with regulations of the Secretary and for periods
before January 1, 2008, the plan may restrict the enrollment of
individuals under the plan to individuals who are within 1 or more
classes of special needs beneficiaries.''.
            (4) Additional requirements for specialized medicare+choice
        plans for special needs beneficiaries.--Section 1857(e) of the
        Social Security Act (42 U.S.C. 1395w-27(e)) is amended by
        adding at the end the following new paragraph:
            ``(3) Additional requirements for specialized
        medicare+choice plans for special needs beneficiaries.--In the
        case of a specialized Medicare+Choice plan for special needs
        beneficiaries (as defined in section 1859(b)(4)), the contract
        shall include additional terms and conditions as follows:
                    ``(A) Clinical delivery system.--
                            ``(i) In general.--Under the contract, the
                        organization offering the specialized
                        Medicare+Choice plan for special needs
                        beneficiaries shall establish a clinical
                        delivery system that meets the needs of special
                        needs beneficiaries (as defined in section
                        1859(b)(4)(B)) enrolled in the plan.
                            ``(ii) Elements.--The clinical delivery
                        system established under clause (i) shall
                        include the following:
                                    ``(I) A comprehensive patient
                                assessment and plan of care.
                                    ``(II) Methods to prevent, delay,
                                or minimize the progression of severe
                                and disabling chronic conditions.
                                    ``(III) Care management protocols,
                                including high-risk screening to
                                identify factors that may increase the
                                cost of care provided to special needs
                                beneficiaries.
                                    ``(IV) Appropriate specially
                                trained health care staff, such as
                                nurse practitioners, geriatric care
                                managers, and mental health
                                professionals.
                                    ``(V) Methods for promoting the
                                integration of care, financing, and
                                administrative functions across health
                                care settings.
                    ``(B) Data collection; development of outcome
                measures.--
                            ``(i) Data collection.--Under the contract,
                        the organization offering the specialized
                        Medicare+Choice plan for special needs
                        beneficiaries shall--
                                    ``(I) collect such data as the
                                Secretary may specify for the purpose
                                of monitoring the quality of health
                                care items and services provided to
                                special needs beneficiaries enrolled in
                                the plan, outcomes, and costs,
                                including functional and diagnostic
                                data and information collected through
                                outcome measures developed under clause
                                (ii);
                                    ``(II) maintain, and afford the
                                Secretary access to, the records
                                relating to the plan, including
                                pertinent financial, medical, and
                                personnel records; and
                                    ``(III) make available to the
                                Secretary reports that the Secretary
                                finds necessary to monitor the
                                operation, cost, and effectiveness of
                                the plan.
                            ``(ii) Development of outcome measures.--
                        Under the contract, the organization offering
                        the specialized Medicare+Choice plan for
                        special needs beneficiaries and the Secretary
                        shall jointly cooperate in the development and
                        implementation of health status and quality of
                        life outcome measures with respect to special
                        needs beneficiaries (as defined in section
                        1859(b)(4)(B)) enrolled in the plan.
                    ``(C) Quality assurance; patient safeguards.--The
                contract shall require the organization offering the
                specialized Medicare+Choice plan for special needs
                beneficiaries to have in effect, at a minimum, a
                written plan of quality assurance and improvement, and
                procedures implementing such plan, in accordance with
                regulations.
                    ``(D) Oversight.--The contract shall provide that
                the Secretary shall conduct, in addition to any other
                review conducted under this part, such review of the
                operation of specialized Medicare+Choice plans for
                special needs beneficiaries and organizations offering
                such plans as may be appropriate in order to ensure the
                compliance of the plans and organizations with the
                requirements of this part and regulations to carry out
                such requirements.''.
    (b) Effective Dates.--
            (1) In general.--The amendments made by subsection (a)
        shall take effect upon the date of enactment of this Act.
            (2) Deadline for issuance of requirements for special needs
        beneficiaries; transition.--Not later than October 1, 2003, the
        Secretary of Health and Human Services shall issue final
        regulations to establish requirements for special needs
        beneficiaries under section 1859(b)(4)(B)(iii) of the Social
        Security Act (as added by subsection (a)(2)).

SEC. 3. GAO REPORT TO CONGRESS ON SPECIALIZED MEDICARE+CHOICE PLANS FOR
              SPECIAL NEEDS BENEFICIARIES.

    (a) In General.--Not later than December 31, 2006, the Comptroller
General of the United States shall submit to Congress a report that
assesses the impact of specialized Medicare+Choice plans for special
needs beneficiaries (as defined in section 1859(b)(4) of the Social
Security Act (as added by section 2(a)(2))) on the cost and quality of
services provided to enrollees.
    (b) Contents.--The report submitted under subsection (a) shall
contain the following elements:
            (1) A general assessment of the operations of the
        specialized Medicare+Choice plans for special needs
        beneficiaries.
            (2) Information on the demographics and health status of
        beneficiaries enrolled in such plans.
            (3) Information on such plans' clinical models of care.
            (4) Information on the performance of such plans related to
        such quality indicators as the Secretary determines to be
        appropriate.
            (5) An assessment of the marketing materials and practices
        of the plans.
            (6) An assessment of the plans' ability to integrate care,
        financing, and administrative functions across health care
        settings.
            (7) A general assessment of the costs and any savings to
        the medicare program under title XVIII of the Social Security
        Act as a result of amendments made by section 2.

Summary: Medicare Improvements for Special Needs Beneficiaries Act of 2002 - Amends part C (MedicareChoice) of title XVIII (Medicare) of the Social Security Act to provide for specialized MedicareChoice plans for special needs beneficiaries and the treatment of such plans as coordinated care plans under Medicare part C. Permits restriction on the enrollment of individuals in a specialized MedicareChoice plan to special needs beneficiaries. Establishes additional requirements for specialized Medicarechoice plans for special needs beneficiaries.

A bill to amend title XVIII of the Social Security Act to improve access to Medicare+Choice plans for special needs medicare beneficiaries, and for other purposes.