SECTION 1. AMENDMENT.

    Section 403 of the Social Security Act (42 U.S.C. 603) is amended
by inserting after subsection (b) the following new subsection:
    ``(c)(1)(A) If the Secretary determines--
            ``(i) that a State is operating a general welfare
        assistance program described in paragraph (3) during a calendar
        quarter, or
            ``(ii) that more than 20 percent of the local governments
        within a State that provide general welfare assistance are
        operating programs described in paragraph (3) during a calendar
        quarter,
the Secretary shall reduce by 50 percent the amount that such State
would otherwise receive under subsection (a) with respect to
expenditures made by such State during such quarter for the
administration of the aid to families with dependent children program
under this part.
    ``(B) If a State receives a reduced payment in a calendar quarter
as a result of a determination by the Secretary under subparagraph
(A)(ii)--
            ``(i) such State shall reduce for such quarter the payments
        made to each State office administering the aid to families
        with dependent children program which is located within the
        jurisdiction of the local governments described in subparagraph
        (A)(ii) by an amount equal to 50 percent of the of Federal
        share of the administrative expenses of such office; and
            ``(ii) such State shall not, as a result of such reduced
        payment, reduce for such quarter the payments made to any State
        office administering the aid to families with dependent
        children program which is not located within the jurisdiction
        of the local governments described in subparagraph (A)(ii).
    ``(2) If the Secretary determines that any local government within
a State that is not described in paragraph (1)(A) is operating a
general welfare assistance program described in paragraph (3) during a
calendar quarter, the State shall reduce for such quarter the payments
made to any State office administering the aid to families with
dependent children program which is located within the jurisdiction of
such local government by an amount equal to 50 percent of the of
Federal share of the administrative expenses of such office and such
amount shall be paid by the State to the Secretary.
    ``(3) A general welfare assistance program described in this
paragraph is a general welfare assistance program that--
            ``(A) provides benefits to able-bodied individuals (as
        determined by the Secretary) who have attained age 18 and who
        have no dependents (hereafter referred to in this subsection as
        `able-bodied individuals');
            ``(B) does not have a workfare program that meets the
        participation rate requirements under paragraph (4); and
            ``(C) does not meet any other requirements set forth in
        regulations issued by the Secretary.
    ``(4)(A) The participation rate requirements under this paragraph
are as follows:
            ``(i) In the case of a workfare program which is
        implemented after the date of the enactment of this subsection,
        the participation rate for such program shall be--
                    ``(I) for the second year that the program is
                operated, 10 percent; and
                    ``(II) for any succeeding year, the percentage for
                the preceding year plus 2 percent.
            ``(ii) In the case of a workfare program which is operating
        on the date of the enactment of this subsection, the
        participation rate for such program shall be--
                    ``(I) for 1994--
                            ``(aa) in the case of a program with a
                        participation rate below 10 percent for 1993,
                        10 percent; and
                            ``(bb) in the case of a program with a
                        participation rate between 10 percent and 50
                        percent for 1993, the program's participation
                        rate for 1993 plus 2 percent; and
                    ``(II) for any succeeding year, the percentage for
                the preceding year plus 2 percent.
    ``(B) The participation rates required under clauses (i) and (ii)
of subparagraph (A) shall not exceed 50 percent.
    ``(C) For purposes of this subsection, the term `participation
rate' means the percentage of the able-bodied individuals who receive
general welfare assistance participating in a workfare program.
    ``(5) On or before the date which is 5 years after the date of the
enactment of this subsection, the Secretary shall conduct a review of
State and local participation rates and submit to Congress a report
containing any of the Secretary's recommendations with respect to the
participation rate requirements established under paragraph (4).''.

SEC. 2. APPLICATION OF AMENDMENT.

    (a) Except as provided in subsection (b), the amendment made by
section 1 shall apply to calendar quarters beginning on or after July
1, 1994.
    (b) In the case of a State which the Secretary determines requires
State legislation (other than legislation authorizing or appropriating
funds) in order to comply with the amendments made by section 1, the
State shall not be regarded as failing to comply with such amendments
solely on the basis of its failure to meet the requirements of such
amendments before the first day of the first calendar quarter beginning
after the close of the first regular session of the State legislature
that begins after the date of the enactment of this Act. For purposes
of the preceding sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed to be a
separate regular session of the State legislature.

Summary: Amends part A (AFDC) of title IV of the Social Security Act to require States to implement workfare programs for able-bodied residents on welfare aged 18 or over with no dependents in order for the State to maintain its current level of Federal funding for AFDC administrative expenses.

To discourage States and local governments from providing general welfare assistance to able-bodied individuals unless such individuals are participating in workfare programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Putting Main Street FIRST Act'' or
as the ``Putting Main Street FIRST: Finishing Irresponsible Reckless
Speculative Trading Act''.

SEC. 2. TRANSACTION TAX.

    (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:

              ``Subchapter C--Tax on Trading Transactions

``Sec. 4475. Tax on trading transactions.

``SEC. 4475. TAX ON TRADING TRANSACTIONS.

    ``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
    ``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.03 percent of the
specified base amount with respect to such covered transaction.
    ``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
            ``(1) except as provided in paragraph (2), the fair market
        value of a security (determined as of the time of the covered
        transaction), and
            ``(2) in the case of any payment with respect to a
        derivative, the amount of such payment.
    ``(d) Covered Transaction.--For purposes of this section--
            ``(1) In general.--The term `covered transaction' means--
                    ``(A) except as provided in subparagraph (B), any
                purchase if--
                            ``(i) such purchase occurs on, or is
                        subject to the rules of, a qualified board or
                        exchange located in the United States, or
                            ``(ii) the purchaser or seller is a United
                        States person, and
                    ``(B) any transaction with respect to a derivative
                if--
                            ``(i) such derivative is traded on, or is
                        subject to the rules of, a qualified board or
                        exchange located in the United States, or
                            ``(ii) any party with rights under such
                        derivative is a United States person.
            ``(2) Exceptions from tax.--
                    ``(A) Exception for initial issues.--No tax shall
                be imposed under subsection (a) on any covered
                transaction with respect to the initial issuance of any
                security described in subparagraph (A), (B), or (C) of
                subsection (e)(1).
                    ``(B) Exception for certain traded short-term
                indebtedness.--A note, bond, debenture, or other
                evidence of indebtedness which--
                            ``(i) is traded on, or is subject to the
                        rules of, a qualified board or exchange located
                        in the United States, and
                            ``(ii) has a fixed maturity of not more
                        than 100 days,
                shall not be treated as described in subsection
                (e)(1)(C).
    ``(e) Definitions.--For purposes of this section--
            ``(1) Security.--The term `security' means--
                    ``(A) any share of stock in a corporation,
                    ``(B) any partnership or beneficial ownership
                interest in a partnership or trust,
                    ``(C) any note, bond, debenture, or other evidence
                of indebtedness, and
                    ``(D) any derivative.
            ``(2) Derivative.--
                    ``(A) In general.--The term `derivative' means any
                contract (including any option, forward contract,
                futures contract, short position, swap, or similar
                contract) the value of which, or any payment or other
                transfer with respect to which, is (directly or
                indirectly) determined by reference to one or more of
                the following:
                            ``(i) Any security described in
                        subparagraph (A), (B), or (C) of paragraph (1).
                            ``(ii) Any commodity which is actively
                        traded (within the meaning of section
                        1092(d)(1)).
                            ``(iii) Any currency.
                            ``(iv) Any rate, price, amount, index,
                        formula, or algorithm.
                            ``(v) Any other item as the Secretary may
                        prescribe.
                Such term shall not include any item described in
                clauses (i) through (v).
                    ``(B) Exceptions from treatment as derivatives.--
                            ``(i) Securities lending, sale-repurchase,
                        and similar financing transactions.--To the
                        extent provided by the Secretary, the term
                        `derivative' shall not include the right to the
                        return of the same or substantially identical
                        securities transferred in a securities lending
                        transaction, sale-repurchase transaction, or
                        similar financing transaction.
                            ``(ii) Insurance contracts, annuities, and
                        endowments.--The term `derivative' shall not
                        include any insurance, annuity, or endowment
                        contract issued by an insurance company to
                        which subchapter L applies (or issued by any
                        foreign corporation to which such subchapter
                        would apply if such foreign corporation were a
                        domestic corporation).
            ``(3) Qualified board or exchange.--The term `qualified
        board or exchange' has the meaning given such term by section
        1256(g)(7).
    ``(f) By Whom Paid.--
            ``(1) In general.--The tax imposed by this section shall be
        paid by--
                    ``(A) in the case of a transaction which occurs on,
                or is subject to the rules of, a qualified board or
                exchange located in the United States, such qualified
                board or exchange, and
                    ``(B) in the case of a purchase not described in
                subparagraph (A) which is executed by a broker (as
                defined in section 6045(c)(1)) which is a United States
                person, such broker.
            ``(2) Special rules for direct, etc., transactions.--In the
        case of any transaction to which paragraph (1) does not apply,
        the tax imposed by this section shall be paid by--
                    ``(A) in the case of a transaction described in
                subsection (d)(1)(A)--
                            ``(i) the purchaser if the purchaser is a
                        United States person, and
                            ``(ii) the seller if the purchaser is not a
                        United States person, and
                    ``(B) in the case of a transaction described in
                subsection (d)(1)(B)--
                            ``(i) the payor if the payor is a United
                        States person, and
                            ``(ii) the payee if the payor is not a
                        United States person.
    ``(g) Treatment of Exchanges and Payments With Respect to
Derivatives.--For purposes of this section--
            ``(1) Treatment of exchanges.--
                    ``(A) In general.--An exchange shall be treated as
                the sale of the property transferred and a purchase of
                the property received by each party to the exchange.
                    ``(B) Certain deemed exchanges.--In the case of a
                distribution treated as an exchange for stock under
                section 302 or 331, the corporation making such
                distribution shall be treated as having purchased such
                stock for purposes of this section.
            ``(2) Payments with respect to derivatives treated as
        separate transactions.--Except as otherwise provided by the
        Secretary, any payment with respect any derivative shall be
        treated as a separate transaction for purposes of this section.
    ``(h) Application to Transactions by Controlled Foreign
Corporations.--
            ``(1) In general.--For purposes of this section, a
        controlled foreign corporation shall be treated as a United
        States person.
            ``(2) Special rules for payment of tax on direct, etc.,
        transactions.--In the case of any transaction which is a
        covered transaction solely by reason of paragraph (1) and which
        is not described in subsection (f)(1)--
                    ``(A) Payment by united states shareholders.--Any
                tax which would (but for this paragraph) be payable
                under subsection (f)(2) by the controlled foreign
                corporation shall, in lieu thereof, be paid by the
                United States shareholders of such controlled foreign
                corporation as provided in subparagraph (B).
                    ``(B) Pro rata shares.--Each such United States
                shareholder shall pay the same proportion of such tax
                as--
                            ``(i) the stock which such United States
                        shareholder owns (within the meaning of section
                        958(a)) in such controlled foreign corporation,
                        bears to
                            ``(ii) the stock so owned by all United
                        States shareholders in such controlled foreign
                        corporation.
                    ``(C) Definitions.--For purposes of this
                subsection, the terms `United States shareholder' and
                `controlled foreign corporation' have the meanings
                given such terms in sections 951(b) and 957(a),
                respectively.
    ``(i) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
    ``(j) Guidance; Regulations.--The Secretary shall--
            ``(1) provide guidance regarding such information reporting
        concerning covered transactions as the Secretary deems
        appropriate, and
            ``(2) prescribe such regulations as are necessary or
        appropriate to prevent avoidance of the purposes of this
        section, including the use of non-United States persons in such
        transactions.''.
    (b) Credit With Respect to Certain Tax-Favored Accounts To Offset
Transaction Tax.--Subpart C of part IV of subchapter A of chapter 1 of
such Code is amended by inserting after section 36B the following new
section:

``SEC. 36C. OFFSET FOR TRANSACTION TAX ON CONTRIBUTIONS TO CERTAIN TAX-
              FAVORED ACCOUNTS.

    ``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
0.03 percent of the qualified tax-favored account contributions of the
taxpayer for the taxable year.
    ``(b) Qualified Tax-Favored Account Contributions.--For purposes of
this section, the term `qualified tax-favored account contributions'
means, with respect to any taxable year, the sum of--
            ``(1) with respect to qualified retirement plans (as
        defined in section 4974(c)) of the taxpayer, the amount
        contributed to such plans for such taxable year to the extent
        that such contributions are allowable as a deduction or are
        excludable from gross income (or, in the case of a Roth IRA (as
        defined in section 408A(b)), the amount contributed),
            ``(2) with respect to Archer MSAs of the taxpayer, the
        amount allowed as a deduction under section 220 for such
        taxable year,
            ``(3) with respect to health savings accounts of the
        taxpayer, the amount allowed as a deduction under section 223
        for such taxable year, plus
            ``(4) with respect to qualified tuition programs (as
        defined in section 529), qualified ABLE programs (as defined in
        section 529A), and Coverdell education savings accounts (as
        defined in section 530), with respect to which the taxpayer is
        the designated beneficiary (or, in the case of a designated
        beneficiary with respect to whom another taxpayer is allowed a
        deduction under section 151, such other taxpayer in lieu of
        such designated beneficiary), the amount contributed for such
        taxable year.''.
    (c) Information Reporting With Respect to Controlled Foreign
Corporations.--Section 6038(a)(1)(B) of such Code is amended by
inserting ``and transactions which are covered transactions for
purposes of section 4475 by reason of the application of section
4475(h)(1) to such corporation'' before the semicolon at the end.
    (d) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is
        amended by inserting ``, 36C'' after ``36B''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by inserting before the item relating to section 37
        the following new item:

``Sec. 36C. Offset for transaction tax on contributions to certain tax-
                            favored accounts.''.
            (3) The table of subchapters for chapter 36 of such Code is
        amended by inserting after the item relating to subchapter B
        the following new item:

             ``subchapter c. tax on trading transactions''.

    (e) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2018.

Summary: Putting Main Street FIRST Act or the Putting Main Street FIRST: Finishing Irresponsible Reckless Speculative Trading Act This bill amends the Internal Revenue Code to impose a .03 excise tax on the purchase of a security if: (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States. Or (2) the purchaser or seller is a US person. A quot, securityquot. Includes: (1) any share of stock in a corporation, (2) any partnership or beneficial ownership interest in a partnership or trust, (3) any note, bond, debenture, or other evidence of indebtedness. And (4) derivatives that meet specified criteria. The tax applies to transactions with respect to a derivative if: (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States. Or (2) any party with rights under the derivative is a US person. The bill exempts from such tax: (1) initial issues of securities. And (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its US shareholders. The bill allows an offset against such tax for contributions to certain tax-favored savings accounts.

Putting Main Street FIRST Act


SECTION 1. MODIFICATIONS OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS.

    (a) Proceeds of Bonds May Be Used for Construction.--Paragraph (5)
of section 1397E(d) of the Internal Revenue Code of 1986 (defining
qualified purpose) is amended--
            (1) by striking ``rehabilitating or repairing'' in
        subparagraph (A) and inserting ``constructing, rehabilitating,
        or repairing'', and
            (2) by redesignating subparagraphs (B), (C), and (D) as
        subparagraphs (C), (D), and (E), respectively, and by inserting
        after subparagraph (A) the following:
                    ``(B) acquiring the land on which the facility is
                to be constructed,''.
    (b) Repeal of Limitation on Taxpayers Eligible for Credit.--
            (1) In general.--Section 1397E(a) of such Code (relating to
        allowance of credit) is amended by striking ``an eligible
        taxpayer'' and inserting ``a taxpayer''.
            (2) Conforming amendment.--Section 1397E(d)(6) of such Code
        is amended to read as follows:
            ``(6) Bonds held by regulated investment companies.--If any
        qualified zone academy bond is held by a regulated investment
        company, the credit determined under subsection (a) shall be
        allowed to shareholders of such company under procedures
        prescribed by the Secretary.''
    (c) Credits May Be Stripped.--Section 1397E of such Code is amended
by adding at the end the following new subsection:
    ``(i) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
            ``(1) In general.--There may be a separation (including at
        issuance) of the ownership of a qualified zone academy bond and
        the entitlement to the credit under this section with respect
        to such bond. In case of any such separation, the credit under
        this section shall be allowed to the person who on the credit
        allowance date holds the instrument evidencing the entitlement
        to the credit and not to the holder of the bond.
            ``(2) Certain rules to apply.--In the case of a separation
        described in paragraph (1), the rules of section 1286 shall
        apply to the qualified zone academy bond as if it were a
        stripped bond and to the credit under this section as if it
        were a stripped coupon.''
    (d) Allocation of Credit Authority.--
            (1) Allocation of limitation.--Section 1397(e)(2) of the
        Internal Revenue Code of 1986 is amended to read as follows:
            ``(2) Allocation of limitation.--
                    ``(A) Allocation among states.--
                            ``(i) 1998, 1999, 2000, 2001, and 2002
                        limitations.--The national zone academy bond
                        limitations for calendar years 1998, 1999,
                        2000, 2001, and 2002 shall be allocated by the
                        Secretary among the States on the basis of
                        their respective populations of individuals
                        below the poverty line (as defined by the
                        Office of Management and Budget).
                            ``(ii) Limitation after 2002.--The national
                        zone academy bond limitation for any calendar
                        year after 2002 shall be allocated by the
                        Secretary among the States in proportion to the
                        respective amounts each such State received for
                        basic grants under subpart 2 of part A of title
                        I of the Elementary and Secondary Education Act
                        of 1965 (20 U.S.C. 6331 et seq.) for the most
                        recent fiscal year ending before such calendar
                        year.
                    ``(B) Allocation to local educational agencies.--
                The limitation amount allocated to a State under
                subparagraph (A) shall be allocated by the State to
                qualified zone academies within such State.
                    ``(C) Designation subject to limitation amount.--
                The maximum aggregate face amount of bonds issued
                during any calendar year which may be designated under
                subsection (a) with respect to any qualified zone
                academy shall not exceed the limitation amount
                allocated to such academy under subparagraph (B) for
                such calendar year.''
            (2) Unused authority.--Section 1397E(e) of such Code
        (relating to limitation on amount of bonds designated) is
        amended--
                    (A) by striking ``If'' in paragraph (4) and
                inserting ``Except as provided in paragraph (5), if'',
                and
                    (B) by adding at the end the following:
            ``(5) Reallocation for amounts unused for two years.--
        Notwithstanding paragraph (4), rules similar to the rules of
        section 42(h)(3)(D) shall apply for purposes of this section.''
    (e) Effective Dates.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        obligations issued after December 31, 2001.
            (2) Repeal of restriction on zone academy bond holders.--In
        the case of bonds to which section 1397E of the Internal
        Revenue Code of 1986 (as in effect before the date of the
        enactment of this Act) applies, the limitation of such section
        to eligible taxpayers (as defined in subsection (d)(6) of such
        section) shall not apply after the date of the enactment of
        this Act.

Summary: Amends the Internal Revenue Code to include construction as a qualified purpose for the spending of a qualified zone academy bond . Allows the credit retained by a regulated investment company for its holding of a zone academy bond to be distributed to the company's shareholders. Permits such credits to be stripped.

A bill to amend the Internal Revenue Code of 1986 to modify the tax credit for holders of qualified zone academy bonds.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Fraud Prevention and
Paperwork Reduction Act of 2000''.

SEC. 2. FEDERAL COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION.

    (a) Establishment.--There is hereby established the Commission on
Billing Codes and Forms Simplification (in this section referred to as
the ``Commission'').
    (b) Duties.--The Commission shall make recommendations regarding
the following:
            (1) Standardized forms.--Standardizing credentialing and
        billing forms respecting health care claims, that all Federal
        Government agencies would use and that the private sector is
        able (and is encouraged, but not required) to use.
            (2) Reduction in billing codes.--A significant reduction
        and simplification in the number of billing codes.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be
        composed of such members as the Comptroller General of the
        United States shall appoint.
            (2) Qualifications.--The membership of the Commission shall
        include individuals who are members of the medical community.
    (d) Incorporation of MedPAC Provisions.--The provisions of
paragraphs (3) through (6) of subsection (c) and subsections (d)
through (f) of section 1805 of the Social Security Act (42 U.S.C.
1395b-6) shall apply to the Commission in the same manner as they apply
to the Medicare Payment Advisory Commission.
    (e) Reports.--The Commission shall submit to Congress and the
President such periodic reports on its recommendations as it deems
appropriate.

SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE
              PROGRAM PAYMENTS.

    (a) Written Requests.--
            (1) In general.--The Secretary of Health and Human Services
        shall establish a process under which a physician may request,
        in writing from a carrier, assistance in addressing
        questionable codes and procedures under the medicare program
        under title XVIII of the Social Security Act and then the
        carrier shall respond in writing within 30 business days
        respond with the correct billing or procedural answer.
            (2) Use of written statement.--
                    (A) In general.--Subject to subparagraph (B), a
                written statement under paragraph (1) may be used as
                proof against a future audit or overpayment under the
                medicare program.
                    (B) Limit on application.--Subparagraph (A) shall
                not apply retroactively and shall not apply to cases of
                fraudulent billing.
    (b) Restoration of Toll-Free Hotline.--
            (1) In general.--The Administrator of the Health Care
        Financing Administration shall restore the toll-free telephone
        hotline so that physicians may call for information and
        questions about the medicare program.
            (2) Authorization of appropriations.--There are authorized
        to be appropriated such sums as may be necessary to carry out
        paragraph (1).
    (c) Definitions.--For purposes of this section:
            (1) Physician.--The term ``physician'' has the meaning
        given such term in section 1861(r) of the Social Security Act
        (42 U.S.C. 1395x(r)).
            (2) Carrier.--The term ``carrier'' means a carrier (as
        defined in section 1842(f) of the Social Security Act (42
        U.S.C. 1395u(f))) with a contract under title XVIII of such Act
        to administer benefits under part B of such title.

SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE
              PROGRAM.

    (a) In General.--HCFA may not implement any new evaluation and
management guidelines (in this section referred to as ``E&M
guidelines'') under the medicare program, unless HCFA--
            (1) has provided for an assessment of the proposed
        guidelines by physicians;
            (2) has established a plan that contains specific goals,
        including a schedule, for improving participation of
        physicians;
            (3) has carried out a minimum of 4 pilot projects
        consistent with subsection (b) in at least 4 different HCFA
        regions (to be specified by the Secretary) to test such
        guidelines; and
            (4) finds that the objectives described in subsection (c)
        will be met in the implementation of such guidelines.
    (b) Pilot Projects.--
            (1) Length and consultation.--Each pilot project under this
        subsection shall--
                    (A) be of sufficient length to allow for
                preparatory physician and carrier education, analysis,
                and use and assessment of potential E&M guidelines; and
                    (B) be conducted, throughout the planning and
                operational stages of the project, in consultation with
                national and State medical societies.
            (2) Peer review and rural pilot projects.--Of the pilot
        projects conducted under this subsection--
                    (A) at least one shall focus on a peer review
                method by physicians which evaluates medical record
                information for statistical outlier services relative
                to definitions and guidelines published in the CPT
                book, instead of an approach using the review of
                randomly selected medical records using non-clinical
                personnel; and
                    (B) at least one shall be conducted for services
                furnished in a rural area.
            (3) Study of impact.--Each pilot project shall examine the
        effect of the E&M guidelines on--
                    (A) different types of physician practices, such as
                large and small groups; and
                    (B) the costs of compliance, and patient and
                physician satisfaction.
            (4) Report on how met objectives.--HCFA shall submit a
        report to the Committees on Commerce and Ways and Means of the
        House of Representatives, the Committee on Finance of the
        Senate, and the Practicing Physicians Advisory Council, six
        months after the conclusion of the pilot projects. Such report
        shall include the extent to which the pilot projects met the
        objectives specified in subsection (c).
    (c) Objectives for E&M Guidelines.--The objectives for E&M
guidelines specified in this subsection are as follows (relative to the
E&M guidelines and review policies in effect as of the date of the
enactment of this Act):
            (1) Enhancing clinically relevant documentation needed to
        accurately code and assess coding levels accurately.
            (2) Reducing administrative burdens.
            (3) Decreasing the level of non-clinically pertinent and
        burdensome documentation time and content in the record.
            (4) Increased accuracy by carrier reviewers.
            (5) Education of both physicians and reviewers.
            (6) Appropriate use of E&M codes by physicians and their
        staffs.
            (7) The extent to which the tested E&M documentation
        guidelines substantially adhere to the CPT coding rules.
    (d) Definitions.--For purposes of this section and sections 5 and
6:
            (1) Physician.--The term ``physician'' has the meaning
        given such term in section 1861(r) of the Social Security Act
        (42 U.S.C. 1395x(r)).
            (2) Carrier.--The term ``carrier'' means a carrier (as
        defined in section 1842(f) of the Social Security Act (42
        U.S.C. 1395u(f))) with a contract under title XVIII of such Act
        to administer benefits under part B of such title.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (4) HCFA.--The term ``HCFA'' means the Health Care
        Financing Administration.
            (5) Medicare program.--The term ``medicare program'' means
        the program under title XVIII of the Social Security Act.

SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM.

    (a) Individualized Notice.--If a carrier proceeds with a post-
payment audit of a physician under the medicare program, the carrier
shall provide the physician with an individualized notice of billing
problems, such as a personal visit or carrier-to-physician telephone
conversation during normal working hours, within 3 months of initiating
such audit. The notice should include suggestions to the physician on
how the billing problem may be remedied.
    (b) Repayment of Overpayments Without Penalty.--The Secretary shall
permit physicians to repay medicare overpayments within 3 months
without penalty or interest and without threat of denial of other
claims based upon extrapolation. If a physician should discover an
overpayment before a carrier notifies the physician of the error, the
physician may reimburse the medicare program without penalty and the
Secretary may not audit or target the physician on the basis of such
repayment, unless other evidence of fraudulent billing exists.
    (c) Treatment of First-Time Billing Errors.--If a physician's
medicare billing error was a first-time error and the physician has not
previously been the subject of a post-payment audit, the carrier may
not assess a fine through extrapolation of such an error to other
claims, unless the physician has submitted a fraudulent claim.
    (d) Timely Notice of Problem Claims Before Using Extrapolation.--A
carrier may seek reimbursement or penalties against a physician based
on extrapolation of a medicare claim only if the carrier has informed
the physician of potential problems with the claim within one year
after the date the claim was submitted for reimbursement.
    (e) Submission of Additional Information.--A physician may submit
additional information and documentation to dispute a carrier's charges
of overpayment without waiving the physician's right to a hearing by an
administrative law judge.
    (f) Limitation on Delay in Payment.--Following a post-payment
audit, a carrier that is conducting a pre-payment screen on a physician
service under the medicare program may not delay reimbursements for
more than one month and as soon as the physician submits a corrected
claim, the carrier shall eliminate application of such a pre-payment
screen.

SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM.

    If a physician is suspected of fraud or wrongdoing in the medicare
program, inspectors associated with the Office of Inspector General of
the Department of Health and Human Services--
            (1) may not enter the physician's private office with a gun
        or deadly weapon to make an arrest; and
            (2) may not make such an arrest without a valid warrant of
        arrest, unless the physician is fleeing or deemed dangerous.

Summary: Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program. Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines, and (2) medicare overpayments.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom from Equifax Exploitation
Act''.

SEC. 2. DEFINITION OF CREDIT FREEZE.

    Section 603(q) of the Fair Credit Reporting Act (15 U.S.C.
1681a(q)) is amended by adding at the end the following:
            ``(6) Credit freeze.--
                    ``(A) In general.--The term `credit freeze' means a
                restriction placed at the request of a consumer or a
                personal representative of the consumer, on the
                consumer report of the consumer, that prohibits a
                consumer reporting agency from releasing the consumer
                report for a purpose relating to the extension of
                credit without the express authorization of the
                consumer.
                    ``(B) Exception.--A credit freeze shall not apply
                to the use of a consumer report by any of the
                following:
                            ``(i) A person, or the subsidiary,
                        affiliate, agent, subcontractor, or assignee of
                        the person, with whom the consumer has, or
                        prior to assignment had, an account, contract,
                        or debtor-creditor relationship for the
                        purposes of reviewing the active account or
                        collecting the financial obligation owed on the
                        account, contract, or debt.
                            ``(ii) A person, or the subsidiary,
                        affiliate, agent, subcontractor, or assignee of
                        the person, to whom access has been granted
                        pursuant to a request by the consumer described
                        under section 605A(i)(1)(B), for purposes of
                        facilitating the extension of credit or other
                        permissible use.
                            ``(iii) Any person acting pursuant to a
                        court order, warrant, or subpoena.
                            ``(iv) A Federal, State, or local
                        government, or an agent or assignee thereof.
                            ``(v) Any person for the sole purpose of
                        providing a credit monitoring or identity theft
                        protection service to which the consumer has
                        subscribed.
                            ``(vi) Any person for the purpose of
                        providing a consumer with a copy of the
                        consumer report or credit score of the consumer
                        upon request by the consumer.
                            ``(vii) Any person or entity for insurance
                        purposes, including use in setting or adjusting
                        a rate, adjusting a claim, or underwriting.
                            ``(viii) Any person acting pursuant to an
                        authorization from a consumer to use their
                        consumer report for employment purposes.''.

SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS.

    Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``One-
                Call'' and inserting ``One-Year'';
                    (B) in paragraph (1)--
                            (i) in the paragraph heading, by striking
                        ``Initial alerts'' and inserting ``In
                        general'';
                            (ii) in the matter preceding subparagraph
                        (A), by inserting ``or harmed by the
                        unauthorized disclosure of the financial or
                        personally identifiable information of the
                        consumer,'' after ``identity theft,'';
                            (iii) in subparagraph (A)--
                                    (I) by striking ``90 days'' and
                                inserting ``1 year''; and
                                    (II) by striking ``and'' at the
                                end;
                            (iv) in subparagraph (B)--
                                    (I) by inserting ``1-year'' before
                                ``fraud alert''; and
                                    (II) by striking the period at the
                                end and inserting ``; and''; and
                            (v) by adding at the end the following:
                    ``(C) upon the expiration of the 1-year period
                described in subparagraph (A) or a subsequent 1-year
                period, and in response to a direct request by the
                consumer or such representative, continue the fraud
                alert for an additional period of 1 year if the
                information asserted in this paragraph remains
                applicable.''; and
                    (C) in paragraph (2)--
                            (i) in the matter preceding subparagraph
                        (A), by inserting ``1-year'' before ``fraud
                        alert''; and
                            (ii) in subparagraph (B), by striking ``any
                        request described in subparagraph (A)'' and
                        inserting ``the consumer reporting agency
                        includes the 1-year fraud alert in the file of
                        the consumer'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking
                ``Extended'' and inserting ``Seven-Year'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``5-year period
                                beginning on the date of such request''
                                and inserting ``the 7-year period
                                described in subparagraph (A)''; and
                                    (II) by striking ``and'' at the
                                end;
                            (ii) in subparagraph (C)--
                                    (I) by striking ``extended'' and
                                inserting ``7-year''; and
                                    (II) by striking the period at the
                                end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) upon the expiration of the 7-year period
                described in subparagraph (A) or a subsequent 7-year
                period, and in response to a direct request by the
                consumer or such representative, continue the fraud
                alert for an additional period of 7 years if the
                consumer or such representative submits an updated
                identity theft report.''; and
                    (C) in paragraph (2), by amending subparagraph (A)
                to read as follows:
                    ``(A) disclose to the consumer that the consumer
                may request a free copy of the file of the consumer
                pursuant to section 612(d) during each 12-month period
                beginning on the date on which the 7-year fraud alert
                was included in the file and ending on the date of the
                last day that the 7-year fraud alert applies to the
                file of the consumer; and'';
            (3) in subsection (c)--
                    (A) by redesignating paragraphs (1), (2), and (3),
                as subparagraphs (A), (B), and (C), respectively, and
                adjusting the margins accordingly;
                    (B) in the matter preceding subparagraph (A), as so
                redesignated, by striking ``Upon the direct request''
                and inserting the following:
            ``(1) In general.--Upon the direct request''; and
                    (C) by adding at the end the following:
            ``(2) Access to free reports.--If a consumer reporting
        agency includes an active duty alert in the file of an active
        duty military consumer, the consumer reporting agency shall--
                    ``(A) disclose to the active duty military consumer
                that the active duty military consumer may request a
                free copy of the file of the active duty military
                consumer pursuant to section 612(d), during each 12-
                month period beginning on the date on which the
                activity duty military alert is requested and ending on
                the date of the last day that the active duty alert
                applies to the file of the active duty military
                consumer; and
                    ``(B) not later than 3 business days after the date
                on which the active duty military consumer makes a
                request described in subparagraph (A), provide to the
                active duty military consumer all disclosures required
                to be made under section 609, without charge to the
                active duty military consumer.'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish and make available to the public on the
Internet website of the consumer reporting agency policies and
procedures to comply with this section, including policies and
procedures--
            ``(1) that inform consumers of the availability of 1-year
        fraud alerts, 7-year fraud alerts, active duty alerts, and
        credit freezes, as applicable;
            ``(2) that allow consumers to request 1-year fraud alerts,
        7-year fraud alerts, and active duty alerts, as applicable, and
        to place, temporarily lift, or fully remove a credit freeze in
        a simple and easy manner; and
            ``(3) for asserting in good faith a suspicion that the
        consumer has been or is about to become a victim of identity
        theft, fraud, or a related crime, or harmed by the unauthorized
        disclosure of the financial or personally identifiable
        information of the consumer, for a consumer seeking a 1-year
        fraud alert or credit freeze.'';
            (5) in subsection (e), in the matter preceding paragraph
        (1), by inserting ``1-year or 7-year'' before ``fraud alert'';
            (6) in subsection (f), by striking ``or active duty alert''
        and inserting ``active duty alert, or credit freeze, as
        applicable,'';
            (7) in subsection (g)--
                    (A) by inserting ``or has been harmed by the
                unauthorized disclosure of the financial or personally
                identifiable information of the consumer,'' after
                ``identity theft,''; and
                    (B) by inserting ``or credit freezes'' after
                ``request alerts''; and
            (8) in subsection (h)--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by striking
                        ``initial'' and inserting ``1-year'';
                            (ii) in subparagraph (A), by striking
                        ``initial'' and inserting ``1-year''; and
                            (iii) in subparagraph (B)(i), by striking
                        ``an initial'' and inserting ``a 1-year''; and
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking
                        ``extended'' and inserting ``7-year'';
                            (ii) in subparagraph (A), in the matter
                        preceding clause (i), by striking ``extended''
                        and inserting ``7-year''; and
                            (iii) in subparagraph (B), by striking ``an
                        extended'' and inserting ``a 7-year''.

SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES.

    Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended by adding at the end the following:
    ``(i) Credit Freezes.--
            ``(1) In general.--Upon the direct request of a consumer,
        or an individual acting on behalf of or as a personal
        representative of a consumer, a consumer reporting agency that
        maintains a file on the consumer and has received appropriate
        proof of the identity of the requester (as described in section
        1022.123 of title 12, Code of Federal Regulations, or any
        successor thereto) shall--
                    ``(A)(i) not later than 1 business day after
                receiving the request sent by postal mail, toll-free
                telephone, or secure electronic means as established by
                the agency, place a credit freeze on the file of the
                consumer;
                    ``(ii) not later than 5 business days after placing
                a credit freeze described in clause (i), provide the
                consumer with written confirmation of the credit freeze
                and a unique personal identification number or password
                (other than the social security number of the consumer)
                for use to authorize the release of the file of the
                consumer for a specific period of time; and
                    ``(iii) disclose all relevant information to the
                consumer relating to the procedures for temporarily
                lifting and fully removing a credit freeze, including a
                statement about the maximum amount of time given to an
                agency to conduct those actions;
                    ``(B) if the consumer provides a correct personal
                identification number or password, temporarily lift an
                existing credit freeze from the file of the consumer
                for a period of time specified by the consumer for a
                specific user or category of users, as determined by
                the consumer--
                            ``(i) not later than 1 business day after
                        receiving the request by postal mail; or
                            ``(ii) not later than 15 minutes after
                        receiving the request by toll-free telephone
                        number or secure electronic means established
                        by the agency, if the request is received
                        during regular business hours, except if the
                        ability of the consumer reporting agency to
                        temporarily lift the credit freeze is prevented
                        by--
                                    ``(I) an act of God, including
                                earthquakes, hurricanes, storms, or
                                similar natural disaster or phenomenon,
                                or fire;
                                    ``(II) unauthorized or illegal acts
                                by a third party including terrorism,
                                sabotage, riot, vandalism, labor
                                strikes or disputes disrupting
                                operations, or a similar occurrence;
                                    ``(III) an operational
                                interruption, including electrical
                                failure, unanticipated delay in
                                equipment or replacement part delivery,
                                computer hardware or software failures
                                inhibiting response time, or a similar
                                disruption;
                                    ``(IV) governmental action,
                                including emergency orders or
                                regulations, judicial or law
                                enforcement action, or a similar
                                directive;
                                    ``(V) regularly scheduled
                                maintenance or updates to the systems
                                of the consumer reporting agency
                                occurring outside of normal business
                                hours; or
                                    ``(VI) commercially reasonable
                                maintenance of, or repair to, the
                                systems of the consumer reporting
                                agency that is unexpected or
                                unscheduled; or
                    ``(C) if the consumer provides a correct personal
                identification number or password, fully remove an
                existing credit freeze from the file of the consumer
                not later than 21 business days after receiving the
                request by postal mail, toll-free telephone, or secure
                electronic means established by the consumer reporting
                agency.
            ``(2) No fee.--A consumer reporting agency may not charge a
        consumer a fee to place, temporarily lift, or fully remove a
        credit freeze.
            ``(3) Exclusion from third-party lists.--During the period
        beginning on the date on which a consumer or a representative
        of the consumer requests to place a credit freeze and ending
        the date on which the consumer or representative requests to
        fully remove a credit freeze, a consumer reporting agency shall
        exclude the consumer from any list of consumers prepared by the
        consumer reporting agency and provided to any third party to
        offer credit or insurance to the consumer as part of a
        transaction that was not initiated by the consumer, unless the
        consumer or that representative requests that the exclusion be
        rescinded before end of the period.''.

SEC. 5. ADDITIONAL FREE CONSUMER REPORT.

    Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is
amended--
            (1) in subsection (f)(1), in the matter preceding
        subparagraph (A), by inserting ``or subsection (h)'' after
        ``through (d)''; and
            (2) by adding at the end the following:
    ``(h) Free Disclosures in Connection With Credit Freeze.--In
addition to the free annual disclosure required under subsection
(a)(1)(A), each consumer reporting agency that maintains a file on a
consumer who requests a credit freeze under section 605A(i) shall make
all disclosures pursuant to section 609 once during any 12-month period
without charge to the consumer if the consumer makes a request under
section 609.''.

SEC. 6. REFUNDS.

    (a) Definitions.--In this section, the terms ``consumer'',
``consumer reporting agency'', and ``credit freeze'' have the meanings
given those terms in section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a), as amended by section 2.
    (b) Refunds.--With respect to any consumer who requested a credit
freeze from a consumer reporting agency during the period beginning on
September 7, 2017, and ending on the day before the date of enactment
of this Act, the consumer reporting agency--
            (1) shall issue a refund to the consumer for any fees
        charged to the consumer relating to the request for a credit
        freeze; and
            (2) may not impose a fee on the consumer to temporarily
        lift or fully remove the credit freeze.

Summary: Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft. The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze. And (2) make required statements for fraud alerts or credit freezes. The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill.

Freedom from Equifax Exploitation Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Coverage for
Discrimination and Family Leave Act''.

                      TITLE I--AGE DISCRIMINATION

SEC. 101. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES.

    The Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.) is amended--
            (1) by redesignating sections 16 and 17 as sections 17 and
        18, respectively, and
            (2) by inserting after section 15 the following:

   ``coverage of certain employees in the legislative branch of the
                           federal government

    ``Sec. 16. (a) For purposes of this section--
            ``(1) the term `employee' means an individual who is
        employed by, or who applies for employment with, an employing
        authority;
            ``(2) the term `employing authority' has the meaning given
        it in the Fair Employment Practices Resolution and also
        includes any agent of the employing authority and any Member
        who participates in determining the terms and conditions
        applicable to an employee's employment and any agent of such
        Member, but with respect to a position on the minority staff of
        a committee, such term does not include the Chairman of such
        committee;
            ``(3) the term `Fair Employment Practices Resolution'
        means--
                    ``(A) House Resolution 558 of the One Hundredth
                Congress, as adopted October 4, 1988, and incorporated
                into rule LI of the Rules of the House of
                Representatives of the One Hundred Second Congress; or
                    ``(B) any other provision that continues in effect
                the provisions of such resolution; and
            ``(4) the term `instrumentality of the Congress' means a
        unit of the legislative branch (other than the Congress) that
        does not have positions in the competitive service and any
        agent of such unit.
    ``(b) Sections 4 and 7(f) shall apply to employees and to employing
authorities.
    ``(c)(1) The remedies and procedures under the Fair Employment
Practices Resolution shall apply with respect to a violation of section
4 as such section is made applicable by subsection (b).
    ``(2) Within 90 days of the exhaustion of all procedures authorized
under paragraph (1), or after 180 days after the filing of a complaint
in accordance with such procedures, an employee may bring a civil
action in the appropriate United States district court against the
employee's employing authority. In any such action, the court may order
such relief, including damages, attorneys' fees, and other costs, as
may be ordered by a court under section 7.
    ``(d) Section 4, as such section is made applicable by subsection
(b), does not prohibit the taking into consideration of --
            ``(1) the domicile of an individual with respect to a
        position under the clerk-hire allowance of the House of
        Representatives; or
            ``(2) the political affiliation of an individual with
        respect to a position under such clerk-hire allowance or a
        position on the staff of a committee.
    ``(e) Not later than 60 days after any payment is made under this
section for the benefit of an aggrieved employee out of a Federal
account of the House of Representatives and on behalf of the employing
authority, the employing authority shall reimburse such account with
non-Federal funds. The Committee on House Administration of the House
of Representatives shall determine which account shall be used for
payments to an aggrieved employee under this section and shall issue
guidelines to ensure such reimbursement.
    ``(f) Each employing authority shall post and keep posted in
conspicuous places on its premises a notice that shall be prepared by
the Office of Fair Employment Practices, setting forth such information
as the Office considers to be appropriate to carry out this section.
    ``(g) Subsection (c)(1) is enacted as an exercise of the rulemaking
power of the House of Representatives, with full recognition of the
right of the House of Representatives to change its rules in the same
manner, and to the same extent, as in any other rule of the House of
Representatives.
    ``(h)(1) Subject to paragraph (2), sections 4 and 7(f) shall apply
with respect to individuals who are employed by, or who apply for
employment with, an instrumentality of the Congress.
    ``(2) The chief official of each instrumentality of the Congress
shall establish remedies and procedures to protect the rights provided
for in paragraph (1). Such remedies and procedures shall apply
exclusively with respect to such rights and shall provide to such
individual protection that is equal to or greater than the protection
provided under this section to employees of an employing authority.
    ``(3) The chief official of each instrumentality of the Congress
shall submit to the Congress a report describing the remedies and
procedures it has established to comply with paragraph (2).
    ``(4) Within 90 days of the exhaustion of all procedures authorized
under paragraph (2) or after 180 days after the filing of a complaint
in accordance with such procedures, an employee may bring a civil
action in the appropriate United States district court against the
employee's instrumentality. In any such action, the court may order
such relief, including damages, attorneys' fees, and other costs as may
be ordered by a court under section 7.''.

          TITLE II--TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

SEC. 201. REFERENCE.

    Whenever in this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Civil Rights Act of 1991.

SEC. 202. APPLICATION TO CONGRESS.

    (a) Coverage.--Section 117(a)(2)(A) (2 U.S.C. 60l(a)(2)(A)) is
amended by adding at the end the following: ``For purposes of this
section, the term `employee' also includes an individual who applies
for employment and the term `employing authority' also includes any
agent of the employing authority and any Member who participates in
determining the terms and conditions applicable to an employee's
employment and any agent of such Member but with respect to a position
on the minority staff of a committee such term does not include the
Chairman of such committee.''.
    (b) Employee Actions, Payments, Considerations, and Notice.--
            (1) Amendment.--Section 117 (2 U.S.C. 60l) is amended in
        subsection (b)(4), by inserting before the period the
        following: ``and includes any agent of any of the foregoing
        entities'', and
            (2) by adding at the end the following:
    ``(c) Employee Actions.--
            ``(1) In general.--Within 90 days of the exhaustion of all
        procedures authorized under subsection (a) or (b) or after 180
        days after the filing of a complaint in accordance with such
        procedures an employee may bring a civil action in the
        appropriate United States district court against the employee's
        employing authority or if employed by an instrumentality of
        Congress, against such instrumentality. In any such action, the
        court may order such relief as is provided under title VII of
        the Civil Rights Act of 1964 and section 1977A of the Revised
        Statutes (42 U.S.C. 1981a), except that the sum of the amount
        of compensatory damages awarded for future pecuniary losses,
        emotional pain, suffering, inconvenience, mental anguish, loss
        of enjoyment of life, and other nonpecuniary losses and the
        amount of punitive damages shall not exceed for each
        complaining party $50,000 in an action against an employing
        authority.
            ``(2) Trial.--In an action brought under paragraph (1)--
                    ``(A) any party may demand a trial by jury, and
                    ``(B) the court shall not inform the jury of the
                dollar limitation prescribed by paragraph (1).
            ``(3) Fees.--In an action brought under paragraph (1), the
        court may allow the prevailing party a reasonable attorney's
        fees (including expert witness fees) as part of the costs.
    ``(d) Payments.--Not later than 60 days after any payment is made
under this section for the benefit of an aggrieved employee out of a
Federal account of the House of Representatives and on behalf of an
employing authority, the employing authority shall reimburse such
account with non-Federal funds. The Committee on House Administration
of the House of Representatives shall determine which account shall be
used for payments to an aggrieved employee under this section and shall
issue guidelines to ensure such reimbursement.
    ``(e) Considerations.--The rights and protections provided by this
section do not prohibit the taking into consideration of:
            ``(1) the domicile of an individual with respect to a
        position under the clerk-hire allowance of the House of
        Representatives; or
            ``(2) the political affiliation of an individual with
        respect to a position under such clerk-hire allowance or a
        position on the staff of a committee.
    ``(f) Notice.--Each employing authority and instrumentality of
Congress shall post and keep posted, in conspicuous places on its
premises, a notice that shall be prepared by the Office of Fair
Employment Practices or the instrumentality which sets forth such
information as such Office or instrumentality considers to be
appropriate to carry out this section.''.
            (2) Conforming amendment.--Section 117(a)(2)(B)(i) (2
        U.S.C. 60l(a)(2)(B)(i)) is amended by inserting before the
        period at the end the following: ``, except as provided in
        subsections (c) through (f)''.

                        TITLE III--DISABILITIES

SEC. 301. REFERENCE.

    Whenever in this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Americans with Disabilities Act of 1990.

SEC. 302. APPLICATION TO CONGRESS.

    (a) Coverage.--Section 509(b)(2)(A) (42 U.S.C. 12209(b)(2)(A)) is
amended by adding at the end the following: ``For purposes of this
section, the term `employee' also includes an individual who applies
for employment and the term `employing authority' also includes any
agent of the employing authority and any Member who participates in
determining the terms and conditions applicable to an employee's
employment and any agent of such Member but with respect to the
minority staff of a committee does not include the Chairman of such
committee.''.
    (b) Employee Actions, Payments, Considerations, and Notice.--
            (1) Amendment.--Section 509 (42 U.S.C. 12209) is amended--
                    (A) in subsection (c)(4), by adding before the
                period the following: ``and includes any agent of any
                of the foregoing entities'', and
                    (B) by adding at the end the following:
    ``(d) Employee Actions.--
            ``(1) In general.--Within 90 days of the exhaustion of all
        procedures authorized under subsection (b)(2) or (c)(2) or
        after 180 days after the filing of a complaint in accordance
        with such procedures, an employee may bring a civil action in
        the appropriate United States district court against the
        employee's employing authority or if employed by an
        instrumentality of Congress, against such instrumentality. In
        any such action, the court may order such relief as is provided
        under title VII of the Civil Rights Act of 1964 and section
        1977A of the Revised Statutes (42 U.S.C. 1981a), except that
        the sum of the amount of compensatory damages awarded for
        future pecuniary losses, emotional pain, suffering,
        inconvenience, mental anguish, loss of enjoyment of life, and
        other nonpecuniary losses and the amount of punitive damages
        shall not exceed for each complaining party $50,000 in an
        action against an employing authority.
            ``(2) Trial.--In an action brought under paragraph (1)--
                    ``(A) any party may demand a trial by jury, and
                    ``(B) the court shall not inform the jury of the
                dollar limitation prescribed by paragraph (1).
            ``(3) Fees.--In an action brought under paragraph (1), the
        court may allow the prevailing party a reasonable attorney's
        fees (including expert witness fees) as part of the costs.
    ``(e) Payments.--Not later than 60 days after any payment is made
under this section for the benefit of an aggrieved employee out of a
Federal account of the House of Representatives and on behalf of an
employing authority, the employing authority shall reimburse such
account with non-Federal funds. The Committee on House Administration
of the House of Representatives shall determine which account shall be
used for payments to an aggrieved employee under this section and shall
issue guidelines to ensure such reimbursement.
    ``(f) Considerations.--The rights and protections provided by this
section do not prohibit the taking into consideration of:
            ``(1) the domicile of an individual with respect to a
        position under the clerk-hire allowance of the House of
        Representatives; or
            ``(2) the political affiliation of an individual with
        respect to a position under such clerk-hire allowance or a
        position on the staff of a committee.
    ``(g) Notice.--Each employing authority and instrumentality of
Congress shall post and keep posted, in conspicuous places on its
premises, a notice that shall be prepared by the Office of Fair
Employment Practices or the instrumentality which sets forth such
information as such Office or instrumentality considers to be
appropriate to carry out this section.''.
            (2) Conforming amendment.--Section 509(b)(2)(B)(i) (42
        U.S.C. 12209(b)(2)(B)(i)) is amended by inserting before the
        period at the end the following: ``, except as provided in
        subsections (d) through (g)''.

                   TITLE IV--FAMILY AND MEDICAL LEAVE

SEC. 401. ENFORCEMENT ACTION.

    (a) Employing Authority.--Section 502(a) of the Family and Medical
Leave Act of 1993 (2 U.S.C. 60n(a)) is amended by inserting before the
period the following: ``, except that with respect to a position on the
minority staff of a committee, the term `employing authority' does not
include the Chairman of such committee''.
    (b) Remedy.--Subsection (c) of section 502 of the Family and
Medical Leave Act of 1993 (2 U.S.C. 60n) is redesignated as subsection
(f) and the following is inserted after subsection (b):
    ``(c) Employee Action.-- Within 90 days of the exhaustion of all
procedures authorized under subsection (b), or after 180 days after the
timely filing of a complaint in accordance with such procedures, an
employee may bring a civil action in the appropriate United States
district court against the employee's employing authority. In any such
action, the court may order such relief, including damages, interest,
attorneys' fees, expert witness fees, and other costs, as may be
ordered by a court under section 107.
    ``(d) Payments.--Not later than 60 days after any payment is made
under this section for the benefit of an aggrieved employee out of a
Federal account of the House of Representatives and on behalf of an
employing authority, the employing authority shall reimburse such
account with non-Federal funds. The Committee on House Administration
of the House of Representatives shall determine which account shall be
used for payments to an aggrieved employee under this section and shall
issue guidelines to ensure such reimbursement.
    ``(e) Instrumentalities of Congress.--
            ``(1) In general.--The rights and protections under
        sections 102 through 105 (other than section 104(b)) shall,
        subject to paragraph (2), apply with respect to the conduct of
        each instrumentality of the Congress.
            ``(2) Establishment of remedies and procedures by
        instrumentalities.--The chief official of each instrumentality
        of the Congress shall establish remedies and procedures to
        protect the rights provided for in paragraph (1).
            ``(3) Report to congress.--The chief official of each
        instrumentality of the Congress shall, after establishing
        remedies and procedures for purposes of paragraph (2), submit
        to the Congress a report describing the remedies and procedures
        it has established to comply with paragraph (2).
            ``(4) Definition of instrumentalities.--For purposes of
        this section, instrumentalities of the Congress include the
        Architect of the Capitol, the Library of Congress, the
        Congressional Budget Office, the General Accounting Office, the
        Government Printing Office, the Office of Technology
        Assessment, and the United States Botanic Garden and includes
        any agent of any of the foregoing entities.
            ``(5) Civil action.--Within 90 days of the exhaustion of
        all procedures authorized under paragraph (2) or after 180 days
        after the filing of a complaint in accordance with such
        procedures, an employee may bring a civil action in the
        appropriate United States district court against the employee's
        instrumentality. In any such action, the court may order such
        relief, including damages, attorneys' fees, and other costs as
        may be ordered by a court under section 107.
    ``(f) Notice.--Each employing authority and instrumentality of
Congress shall post and keep posted, in conspicuous places on its
premises, a notice that shall be prepared by the Office of Fair
Employment Practices or the instrumentality which sets forth such
information as such Office or instrumentality considers to be
appropriate to carry out this section.''.

                          TITLE V--GUIDELINES

SEC. 501. GUIDELINES.

    Any guidelines issued by any committee of the House of
Representatives to implement any provision of this Act shall be
published in the Congressional Record for a period of at least 60 days
before such implementation.

                        TITLE VI--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the
expiration of 3 months after the date of the enactment of this Act.

HR 2499 IH----2

Summary: TABLE OF CONTENTS: Title I: Age Discrimination Title II: Title VII of the Civil Rights Act of 1964 Title III: Disabilities Title IV: Family and Medical Leave Title V: Guidelines Title VI: Effective Date Congressional Coverage for Discrimination and Family Leave Act - Title I: Age Discrimination - Amends the Age Discrimination in Employment Act of 1967 to cover employees in the House of Representatives and in instrumentalities of the Congress. Authorizes an aggrieved employee to bring a civil action in the appropriate district court against an employing authority or instrumentality of the Congress. Authorizes the court to order such relief, including damages, attorney's fees, and other costs provided by this Act. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title II: Title VII of the Civil Rights Act of 1964 - Amends the Civil Rights Act of 1991 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate United States district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title III: Disabilities - Amends the Americans with Disabilities Act of 1990 to authorize an employee in the House of Representatives or in an instrumentality of the Congress to bring a civil action in the appropriate district court against his or her employing authority or the appropriate instrumentality. Authorizes the court to order such relief specified under the Civil Rights Act of 1964 and the Revised Statutes. Limits the aggregate amount of compensatory and punitive damages to $50,000. Authorizes the complaining party to demand a jury trial. Prohibits the court from informing the jury of the dollar limitation imposed under this Act. Authorizes the court to allow the prevailing party a reasonable attorney's fees as part of the costs. Requires the employing authority to reimburse the Federal account of the House with non-Federal funds for any damages paid out of the account on behalf of an aggrieved employee. Title IV: Family and Medical Leave - Amends the Family and Medical Leave Act of 1993 to authorize an employee to bring a civil action in the appropriate United States district court against the employee's employing authority or the appropriate instrumentality of the Congress. Authorizes the court to order such relief, including damages, interest, attorney's fees, expert witness fees, and other costs specified by the Act. Applies the rights and protections under title I of the Act to employees of each instrumentality of the Congress, except for the exemption concerning highly compensated employees. Title V: Guidelines - Requires implementing guidelines issued by any House committee for this Act to be published in the Congressional Record at least 60 days before such implementation. Title VI: Effective Date - Makes this Act effective three months after the date of enactment.