SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Start-up Savings
Accounts Act of 2011''.

SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS.

    (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:

``SEC. 7529. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.

    ``(a) In General.--An individual or an eligible small business may
enter into an agreement with the Secretary to establish a small
business start-up savings account.
    ``(b) Small Business Start-Up Savings Account.--For purposes of
this section, the term `small business start-up savings account' means
a trust created or organized in the United States for the benefit of
the account beneficiary, but only if the written governing instrument
creating the trust meets the following requirements:
            ``(1) Except as provided in subsection (d)(3) in the case
        of a rollover contribution, no contribution will be accepted
        unless it is in cash, and contributions will not be accepted
        for the taxable year on behalf of any account beneficiary in
        excess of the amount in effect for such taxable year under
        subsection (d)(2).
            ``(2) The trustee is a bank (as defined in section 408(n))
        or such other person who demonstrates to the satisfaction of
        the Secretary that the manner in which such other person will
        administer the trust will be consistent with the requirements
        of this section.
            ``(3) No part of the trust funds will be invested in life
        insurance contracts.
            ``(4) The interest of an individual in the balance of his
        account is nonforfeitable.
            ``(5) The assets of the trust will not be commingled with
        other property except in a common trust fund or common
        investment fund.
    ``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means, with respect to any taxable year,
any person engaged in a trade or business if the average number of
employees employed by such person on business days during the taxable
year was 500 or fewer.
    ``(d) Treatment of Contributions.--
            ``(1) In general.--There shall be allowed as a deduction
        for the taxable year an amount equal to so much of the account
        beneficiary's contributions for the taxable year to all small
        business start-up savings accounts maintained for the benefit
        of such beneficiary as do not exceed the contribution
        limitations in effect for the taxable year under paragraph (2).
            ``(2) Contribution limitation.--
                    ``(A) In general.--The amount allowable as a
                deduction under paragraph (1) with respect to all small
                business start-up savings accounts maintained for the
                benefit of any person shall not exceed the lesser of--
                            ``(i) $10,000, or
                            ``(ii) $150,000, reduced by the aggregate
                        contributions by such person for all taxable
                        years with respect to all small business start-
                        up savings accounts of the taxpayer.
                    ``(B) Cost of living adjustment.--
                            ``(i) In general.--In the case of a taxable
                        year beginning after 2011, the $10,000 amount
                        in subparagraph (A) shall be increased by an
                        amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the cost-of-living
                                adjustment determined under section
                                1(f)(3) for the calendar year in which
                                the taxable year begins, determined by
                                substituting `calendar year 2010' for
                                `calendar year 1992' in subparagraph
                                (B) thereof.
                            ``(ii) Rounding.--If any amount as adjusted
                        under clause (i) is not a multiple of $500,
                        such amount shall be rounded to the next lowest
                        multiple of $500.
            ``(3) Rollovers from retirement plans not allowed.--Under
        regulations prescribed by the Secretary, a person may make a
        rollover contribution to a small business start-up savings
        account only in the case of a rollover from another small
        business start-up savings account.
            ``(4) Treated as deduction for individuals and
        corporations.--For purposes of chapter 1, the deduction allowed
        under paragraph (1) shall be treated as a deduction specified
        in part VI of subchapter B of chapter 1 (relating to itemized
        deductions for individuals and corporations).
    ``(e) Treatment of Distributions.--
            ``(1) Tax treatment.--
                    ``(A) Exclusion of qualified distributions.--Any
                qualified distribution from a small business start-up
                savings account shall not be includible in gross
                income.
                    ``(B) Inclusion of other distributions.--Any
                distribution from a small business start-up savings
                account which is not a qualified distribution shall be
                included in gross income.
            ``(2) Qualified distribution.--For purposes of this
        subsection, the term `qualified distribution' means, with
        respect to any taxable year, any payment or distribution from a
        small business start-up savings account--
                    ``(A) to the extent the amount of such payment or
                distribution does not exceed the sum of--
                            ``(i) the aggregate amounts paid or
                        incurred by the taxpayer for such taxable year
                        with respect to the taxpayer's trade or
                        business for the purchase of equipment or
                        facilities, marketing, training, incorporation,
                        and accounting fees, and
                            ``(ii) the aggregate capital contributions
                        of the taxpayer with respect to an eligible
                        small business for the taxable year (but only
                        to the extent such amounts are used by such
                        small business for purposes described in clause
                        (i)), and
                    ``(B) which, in the case of a payment or
                distribution subsequent to the first payment or
                distribution from such account (or any predecessor to
                such account)--
                            ``(i) is made not later than the close of
                        the 5th taxable year beginning after the date
                        of such first payment or distribution, and
                            ``(ii) is made with respect to the same
                        eligible small business with respect to which
                        such first payment or distribution was made.
            ``(3) Treatment after death of account beneficiary.--
                    ``(A) In general.--If, by reason of the death of
                the account beneficiary, any person acquires the
                account beneficiary's interest in a small business
                start-up savings account--
                            ``(i) such account shall cease to be a
                        small business start-up savings account as of
                        the date of death, and
                            ``(ii) an amount equal to the fair market
                        value of the assets in such account on such
                        date shall be includible--
                                    ``(I) in the case of a person who
                                is not the estate of such beneficiary,
                                in such person's gross income for the
                                taxable year which includes such date,
                                or
                                    ``(II) in the case of a person who
                                is the estate of such beneficiary, in
                                such beneficiary's gross income for the
                                last taxable year of such beneficiary.
                    ``(B) Special rules.--
                            ``(i) Reduction of inclusion for predeath
                        expenses.--The amount includible in gross
                        income under subparagraph (A) shall be reduced
                        by the amounts described in paragraph (2) which
                        were incurred by the decedent before the date
                        of the decedent's death and paid by such person
                        within 1 year after such date.
                            ``(ii) Deduction for estate taxes.--An
                        appropriate deduction shall be allowed under
                        section 691(c) to any person (other than the
                        decedent) with respect to amounts included in
                        gross income under subparagraph (A)(ii)(I) by
                        such person.
            ``(4) Treatment for failure to be treated as eligible small
        business.--If for any taxable year a taxpayer which holds a
        small business start-up savings account as an eligible small
        business ceases to be an eligible small business--
                    ``(A) such account shall cease to be a small
                business start-up savings account, and
                    ``(B) the balance of such account shall be treated
                as paid out for such taxable year in a distribution
                which is not a qualified distribution.
    ``(f) Special Rules.--
            ``(1) Denial of double benefit.--Any deduction or credit
        otherwise allowed for the taxable year with respect to amounts
        described in subsection (e)(2)(A) shall be reduced by an amount
        equal to the qualified distributions attributable to such
        amounts. The adjusted basis of any property placed in service
        for the taxable year shall be reduced by the amount of any
        qualified distributions attributable to such property. For
        purposes of this paragraph, qualified distributions shall first
        be treated as attributable to amounts described in subsection
        (e)(2)(A), then to property placed in service for the taxable
        year.
            ``(2) Aggregation rule.--For purposes of this section, all
        persons treated as a single employer under subsection (a) or
        (b) of section 52, or subsection (m) or (o) of section 414,
        shall be treated as one person.''.
    (b) Excise Tax on Excess Contributions and Nonqualified
Distributions.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:

         ``CHAPTER 50--SMALL BUSINESS START-UP SAVINGS ACCOUNTS

``Sec. 5000C. Tax on excess contributions to small business start-up
                            savings accounts.
``Sec. 5000D. Tax on nonqualified distributions from small business
                            start-up savings accounts.

``SEC. 5000C. TAX ON EXCESS CONTRIBUTIONS TO SMALL BUSINESS START-UP
              SAVINGS ACCOUNTS.

    ``(a) In General.--In the case of a small business start-up savings
account (within the meaning of section 7529) there is imposed for each
taxable year a tax in an amount equal to 6 percent of the amount of the
excess contributions to such taxpayer's account (determined as of the
close of the taxable year).
    ``(b) Limitation.--The amount of tax imposed by subsection (a)
shall not exceed 6 percent of the value of the account (determined as
of the close of the taxable year).
    ``(c) Excess Contributions.--For purposes of this section, in the
case of contributions to all small business start-up savings accounts
maintained for the benefit of a person, the term `excess contributions'
means the sum of--
            ``(1) the excess (if any) of--
                    ``(A) the amount contributed to such accounts for
                the taxable year, over
                    ``(B) the amount allowable as a contribution under
                section 7529(d)(2)(A) for such taxable year, and
            ``(2) the amount determined under this subsection for the
        preceding taxable year, reduced by the sum of--
                    ``(A) the distributions out of the accounts for the
                taxable year, and
                    ``(B) the excess (if any) of--
                            ``(i) the maximum amount allowable as a
                        contribution under section 7529(d)(2)(A) for
                        such taxable year, over
                            ``(ii) the amount contributed to such
                        accounts for such taxable year.

``SEC. 5000D. TAX ON NONQUALIFIED DISTRIBUTIONS FROM SMALL BUSINESS
              START-UP SAVINGS ACCOUNTS.

    ``(a) In General.--If for any taxable year an amount is paid or
distributed out of a taxpayer's small business start-up savings
account, there is imposed for such taxable year a tax in an amount
equal to 10 percent of the portion of such amount which is includible
in the gross income of the taxpayer.
    ``(b) Exception for Disability or Death.--Subsection (a) shall not
apply if the payment or distribution is made after the account
beneficiary becomes disabled within the meaning of section 72(m)(7)
(but only if such beneficiary's account was created before becoming so
disabled) or dies.

``SEC. 5000E. CROSS REFERENCE.

    ``For prohibited transactions, see section 4975.''.
    (c) Prohibited Transactions.--
            (1) In general.--Paragraph (1) of section 4975(e) of such
        Code is amended by striking ``or'' at the end of subparagraph
        (F), by striking the period at the end of subparagraph and
        inserting ``, or'', and by adding at the end the following new
        subparagraph:
                    ``(H) a small business start-up savings account
                (within the meaning of section 7529).''.
            (2) Special rule for ceasing to be a small business start-
        up savings account.--Section 4975(d) of such Code (relating to
        tax on prohibited transactions) is amended by adding at the end
        the following new paragraph:
            ``(7) Special rule for small business start-up savings
        account.--An individual for whose benefit a small business
        start-up savings account (within the meaning of section 7529)
        is established shall be exempt from the tax imposed by this
        section with respect to any transaction concerning such account
        (which would otherwise be taxable under this section) if, with
        respect to such transaction, the account ceases to be a small
        business start-up savings account by reason of the application
        of paragraph (3) or (4) of section 7529(e) to such account.''.
    (d) Deduction Allowed Whether or Not Individual Itemizes.--
Subsection (a) of section 62 of such Code is amended by adding at the
end the following new paragraph:
            ``(22) Contributions to small business start-up savings
        accounts.--The deduction allowed by section 7529(d)(1)(A).''.
    (e) Conforming Amendments.--
            (1) The table of chapters for subtitle D such Code is
        amended by adding at the end the following new item:

       ``Chapter 50. Small Business Start-Up Savings Accounts''.

            (2) The table of sections for chapter 77 of such Code is
        amended by inserting after the item relating to section 7528
        the following new item:

``Sec. 7529. Small Business Start-Up Savings Accounts.''.
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.

Summary: Small Business Start-up Savings Accounts Act of 2011 - Amends the Internal Revenue Code to allow businesses with 500 or fewer employees to establish small business start-up savings accounts for the payment of certain business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Requires all distributions from such accounts for payment of business expenses to be completed within five years after the first account distribution. Allows a tax deduction for contributions to a start-up savings account, limited to the lesser of: (1) $10,000, or (2) $150,000 reduced by the aggregate account contributions for all taxable years. Excludes distributions from such accounts from gross income for income tax purposes. Imposes an excise tax on excess contributions to and for nonqualified distributions from such accounts.

To amend the Internal Revenue Code of 1986 to establish small business start-up savings accounts.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for America's Servicemen
and Women in Higher Education Act of 2003''.

SEC. 2. REFUND POLICY.

    Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1091b(b)(2)) is amended by adding at the end the following:
                    ``(D) Students on active duty during a war or
                national emergency.--Notwithstanding subparagraphs (A),
                (B), and (C), a student who withdraws from an
                institution of higher education to serve on active duty
                during a war or national emergency shall not be
                required to repay any grant assistance that is
                otherwise required to be repayed under this section.''.

SEC. 3. DEFERMENT DURING ACTIVE DUTY.

    (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
            (1) in clause (ii), by striking ``or'' after the semicolon;
            (2) in clause (iii), by inserting ``or'' after the
        semicolon; and
            (3) by inserting after clause (iii) the following:
                            ``(iv) during which the borrower--
                                    ``(I) is a member of a regular
                                component on active duty during a war
                                or during a national emergency declared
                                by the President or Congress, and
                                receives compensation described in
                                section 112(a) of the Internal Revenue
                                Code of 1986;
                                    ``(II) is on active duty under
                                section 688, 12301(a), 12301(d),
                                12301(g), 12302, 12304, 12306, 12307,
                                or 12406, or chapter 15 of title 10,
                                United States Code, or any other
                                provision of law, during a war or
                                during a national emergency declared by
                                the President or Congress, regardless
                                of the location at which such active
                                duty service is performed; or
                                    ``(III) in the case of a member of
                                the National Guard, is on full-time
                                National Guard duty (as defined in
                                section 101(d)(5) of title 10, United
                                States Code) under a call to active
                                service authorized by the President or
                                the Secretary of Defense for a period
                                of more than 30 consecutive days under
                                section 12402 of title 10, United
                                States Code, or section 502(f) of title
                                32, United States Code, for purposes of
                                responding to a national emergency
                                declared by the President and supported
                                by Federal funds.''.
    (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20
U.S.C. 1087e(f)(2)) is amended--
            (1) by striking the period at the end of subparagraph (C)
        and inserting ``; and''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) during which the borrower--
                            ``(i) is a member of a regular component on
                        active duty during a war or during a national
                        emergency declared by the President or
                        Congress, and receives compensation described
                        in section 112(a) of the Internal Revenue Code
                        of 1986;
                            ``(ii) is on active duty under section 688,
                        12301(a), 12301(d), 12301(g), 12302, 12304,
                        12306, 12307, or 12406, or chapter 15 of title
                        10, United States Code, or any other provision
                        of law, during a war or during a national
                        emergency declared by the President or
                        Congress, regardless of the location at which
                        such active duty service is performed; or
                            ``(iii) in the case of a member of the
                        National Guard, is on full-time National Guard
                        duty (as defined in section 101(d)(5) of title
                        10, United States Code) under a call to active
                        service authorized by the President or the
                        Secretary of Defense for a period of more than
                        30 consecutive days under section 12402 of
                        title 10, United States Code, or section 502(f)
                        of title 32, United States Code, for purposes
                        of responding to a national emergency declared
                        by the President and supported by Federal
                        funds.''.
    (c) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended--
            (1) in subclause (II), by striking ``or'' after the
        semicolon;
            (2) in subclause (III), by striking ``or (II)'' and
        inserting ``, (II) or (III)'';
            (3) by redesignating subclause (III) (as so amended) as
        subclause (IV); and
            (4) by inserting after subclause (II) the following:
                    ``(III) by the Secretary, in the case of a
                consolidation loan of a student who is on an active
                duty deferment under section 428(b)(1)(M)(iv); or''.
    (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher
Education Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the
end the following:
            ``(C) Notwithstanding subparagraph (A), interest on loans
        made under this section for which payments of principal are
        deferred because the student is on an active duty deferment
        under section 428(b)(1)(M)(iv) shall be paid by the
        Secretary.''.
    (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20
U.S.C. 1087e(f)) is amended by adding at the end the following:
            ``(5) Interest during active duty deferments.--
        Notwithstanding paragraph (1)(B), interest on loans under this
        part for which payments of principal are deferred because the
        student is on an active duty deferment under paragraph (2)(D)
        shall be paid by the Secretary.''.
    (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
            (1) in clause (iii), by striking ``or'' after the
        semicolon;
            (2) in clause (iv), by inserting ``or'' after the
        semicolon; and
            (3) by inserting after clause (iv) the following:
                            ``(v) during which the borrower--
                                    ``(I) is a member of a regular
                                component on active duty during a war
                                or during a national emergency declared
                                by the President or Congress, and
                                receives compensation described in
                                section 112(a) of the Internal Revenue
                                Code of 1986;
                                    ``(II) is on active duty under
                                section 688, 12301(a), 12301(d),
                                12301(g), 12302, 12304, 12306, 12307,
                                or 12406, or chapter 15 of title 10,
                                United States Code, or any other
                                provision of law, during a war or
                                during a national emergency declared by
                                the President or Congress, regardless
                                of the location at which such active
                                duty service is performed; or
                                    ``(III) in the case of a member of
                                the National Guard, is on full-time
                                National Guard duty (as defined in
                                section 101(d)(5) of title 10, United
                                States Code) under a call to active
                                service authorized by the President or
                                the Secretary of Defense for a period
                                of more than 30 consecutive days under
                                section 12402 of title 10, United
                                States Code, or section 502(f) of title
                                32, United States Code, for purposes of
                                responding to a national emergency
                                declared by the President and supported
                                by Federal funds.''.
    (g) Effective Date.--The amendments made by this section shall
apply with respect to loans for which the first disbursement is made on
or after July 1, 1993, to an individual who is a new borrower (within
the meaning of section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) on or after such date.

Summary: Fairness for America's Servicemen and Women in Higher Education Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to revise title IV student loan and grant assistance repayment provisions with respect to individuals who serve on active duty during a war or national emergency. Exempts students who withdraw from higher education institutions to serve on active duty during a war or national emergency from requirements to repay certain title IV grant assistance. Defers repayments of principal, and directs the Secretary of Education to make interest payments, on specified types of student loans during a war or national emergency when a borrower is: (1) a member of a regular component on active duty, and receives specified compensation. (2) on active duty, regardless of the location at which such active duty service is performed. Or (3) on full-time National Guard duty under a call to active service for a period of more than 30 consecutive days to respond to a national emergency.

To amend the Higher Education Act of 1965 to allow soldiers to serve their country without being disadvantaged financially by Federal student aid programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Serving Veterans Act of
2018''.

SEC. 2. RECRUITMENT DATABASE.

    (a) Establishment.--Section 208 of the VA Choice and Quality
Employment Act (Public Law 115-46; 38 U.S.C. 701 note) is amended as
follows:
            (1) In subsection (a)--
                    (A) in the matter proceeding paragraph (1), by
                striking ``a single database'' and inserting ``and
                maintain a single searchable database (to be known as
                the `Departments of Defense and Veterans Affairs
                Recruitment Database')'';
                    (B) in paragraph (1), by striking ``; and'' and
                inserting a semicolon;
                    (C) in paragraph (2), by striking the period at the
                end and inserting ``; and''; and
                    (D) by adding after paragraph (2) the following new
                paragraph:
            ``(3) with respect to each vacant position under paragraphs
        (1) and (2)--
                    ``(A) the military occupational specialty or skill
                that corresponds to the position, as determined by the
                Secretary, in consultation with the Secretary of
                Defense; and
                    ``(B) each qualified member of the Armed Forces who
                may be recruited to fill the position before such
                qualified member of the Armed Forces has been
                discharged and released from active duty.''.
            (2) By redesignating subsections (b), (c), and (d) as
        subsections (f), (g), and (h), respectively.
            (3) By inserting after subsection (a) the following new
        subsections:
    ``(b) Additional Information.--Subject to subsection (c), the
database established under subsection (a) shall include, with respect
to each qualified member of the Armed Forces, the following
information:
            ``(1) The name and contact information of the qualified
        member of the Armed Forces.
            ``(2) The date on which the qualified member of the Armed
        Forces is expected to be discharged and released from active
        duty.
            ``(3) Each military occupational specialty currently or
        previously assigned to the qualified member of the Armed
        Forces.
    ``(c) Availability.--Information in the database shall be available
to offices, officials, and employees of the Department of Veterans
Affairs to the extent the Secretary of Veterans Affairs determines
appropriate.
    ``(d) Expedited Hiring Procedures.--The Secretary shall hire
qualified members of the Armed Forces who apply for vacant positions
listed in the database established under subsection (a) without regard
to the provisions of subchapter I of chapter 33 of title 5, United
States Code.
    ``(e) Relocation Bonus.--The Secretary may authorize a relocation
bonus, in an amount determined appropriate by the Secretary and subject
to the same limitations as in the case of the authority provided under
section 5753 of title 5, to any qualified member of the Armed Forces
who has accepted a position listed in the database established under
subsection (a).''.
            (4) In subsection (g)(1), as redesignated in paragraph (2),
        by striking ``subsection (b)'' and inserting ``subsection
        (g)''.
            (5) In subsection (h), as redesignated in paragraph (2), by
        striking ``of this Act'' and inserting ``of the Veterans
        Serving Veterans Act of 2018, and annually thereafter''.
            (6) By adding after subsection (h), as redesignated in
        paragraph (2), the following new subsection:
    ``(i) Qualified Member of the Armed Forces Defined.--In this
section, the term `qualified member of the Armed Forces' means a member
of the Armed Forces--
            ``(1) described in section 1142(a) of title 10;
            ``(2) who elects to be listed in the database established
        under subsection (a); and
            ``(3) who has been determined by the Secretary, in
        consultation with the Secretary of Defense, to have a military
        occupational speciality that corresponds to a vacant position
        described in subsection (a).''.
    (b) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a plan to implement, including a
timeline, section 208 of the VA Choice and Quality Employment Act
(Public Law 115-46; 38 U.S.C. 701 note), as amended by this section.

SEC. 3. INTERMEDIATE CARE TECHNICIAN TRAINING PROGRAM.

    (a) Establishment.--The Secretary of Veterans Affairs shall
implement a program to train and certify covered veterans to work as
intermediate care technicians in the Department of Veterans Affairs.
    (b) Locations.--
            (1) Establishment.--The Secretary shall establish centers
        at medical facilities of the Department selected by the
        Secretary for the purposes of carrying out the program under
        subsection (a).
            (2) Selection of medical facilities.--In selecting a
        medical facility of the Department under this subsection to
        serve as a center, the Secretary shall consider--
                    (A) the experience and success of the facility in
                training intermediate care technicians; and
                    (B) the availability of resources of the facility
                to train intermediate care technicians.
    (c) Covered Veteran Defined.--In this section, the term ``covered
veteran'' means a veteran whom the Secretary determines served as a
basic health care technician while serving in the Armed Forces.

SEC. 4. NO AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out
section 208 of the VA Choice and Quality Employment Act (Public Law
115-46; 38 U.S.C. 701 note), as amended by section 2 of this Act, or to
carry out section 3 of this Act. Such sections shall be carried out
using amounts otherwise authorized to be appropriated for such purpose.

SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out
the requirements of this Act and the amendments made by this Act. Such
requirements shall be carried out using amounts otherwise authorized to
be appropriated.

            Passed the House of Representatives July 24, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Veterans Serving Veterans Act of 2018 This bill amends the VA Choice and Quality Employment Act to name the Department of Veterans Affairs (VA) recruiting database the Departments of Defense and Veterans Affairs Recruitment Database and require that it includes for each vacant position: the military occupational specialty or skill corresponding to the VA position, and each qualified US Armed Forces active-duty member who may be recruited to fill the position. The database shall include the following for each qualified member of the Armed Forces: name, contact information, expected discharge date, and military occupational specialty. The VA shall implement direct hiring and appointment procedures for vacant database positions and may authorize relocation bonuses. The VA shall train and certify veterans who served as basic health care technicians in the Armed Forces to work as VA intermediate care technicians.

Veterans Serving Veterans Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Purchase Card Waste Elimination Act
of 2006''.

SEC. 2. REQUIREMENT FOR GUIDANCE.

    (a) Office of Management and Budget Policy Guidance.--Not later
than 180 days after the date of the enactment of this Act, the Director
of the Office of Management and Budget shall issue guidelines to assist
the heads of executive agencies in improving the management of the use
of the Governmentwide commercial purchase card for making
micropurchases. The Director shall include guidelines on the following
matters:
            (1) Analysis of purchase card expenditures to identify
        opportunities for achieving savings through micropurchases made
        in economical volumes.
            (2) Negotiation of discount agreements with major vendors
        accepting the purchase card.
            (3) Establishment of communication programs to ensure that
        purchase card holders receive information pertaining to the
        availability of discounts, including programs for the training
        of purchase card holders on the availability of discounts.
            (4) Assessment of cardholder purchasing practices,
        including use of discount agreements.
            (5) Collection and dissemination of best practices and
        successful strategies for achieving savings in micropurchases.
            (6) Analysis of purchase card expenditures to identify
        opportunities for achieving and accurately measuring fair
        participation of small business concerns in micro-purchases
        consistent with the national policy on small business
        participation in Federal procurements set forth in sections
        2(a) and 15(g) of the Small Business Act (15 U.S.C. 631(a) and
        644(g)), and dissemination of best practices for participation
        of small business concerns in micro-purchases.
    (b) General Services Administration.--The Administrator of General
Services shall--
            (1) continue efforts to improve reporting by financial
        institutions that issue the Governmentwide commercial purchase
        card so that the General Services Administration has the data
        needed to identify opportunities for achieving savings; and
            (2) actively pursue point-of-sale discounts with major
        vendors accepting the purchase card so that any Federal
        Government purchaser using the purchase card can benefit from
        such point-of-sale discounts.
    (c) Agency Reporting Requirement.--The senior procurement executive
for each executive agency shall, as directed by the Director of the
Office of Management and Budget, submit to the Director periodic
reports on the actions taken in such executive agency pursuant to the
guidelines issued under subsection (a).
    (d) Congressional Oversight.--Not later than December 31 of the
year following the year in which this Act is enacted, and December 31
of each of the ensuing three years, the Director of the Office of
Management and Budget shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives a report summarizing
the progress made during the fiscal year ending in the year in which
such report is due--
            (1) in improving the management of the use of the
        Governmentwide commercial purchase card for making
        micropurchases; and
            (2) in achieving savings in micropurchases made with such
        card, expressed in terms of average savings achieved by each
        executive agency in the use of discount agreements identified
        in subsection (a) and the total savings achieved
        Governmentwide.
    (e) Definitions.--In this section:
            (1) The term ``executive agency'' has the meaning given
        such term in section 4 of the Office of Federal Procurement
        Policy Act (41 U.S.C. 403).
            (2) The term ``micropurchase'' means a purchase in an
        amount not in excess of the micropurchase threshold, as defined
        in section 32 of such Act (41 U.S.C. 428).

SEC. 3. PAYMENTS TO FEDERAL CONTRACTORS WITH FEDERAL TAX DEBT.

    The General Services Administration, in conjunction with the
Internal Revenue Service and the Financial Management Service, shall
develop procedures to subject purchase card payments to Federal
contractors to the Federal Payment Levy program.

SEC. 4. REPORTING OF AIR TRAVEL BY FEDERAL GOVERNMENT EMPLOYEES.

    (a) Annual Reports Required.--The Administrator of the General
Services shall submit annually to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Government
Reform of the House of Representatives a report on all first class and
business class travel by employees of each executive agency undertaken
at the expense of the Federal Government.
    (b) Content.--The reports submitted pursuant to subsection (a)
shall include, at a minimum, with respect to each travel by first class
or business class--
            (1) the names of each traveler;
            (2) the date of travel;
            (3) the points of origination and destination;
            (4) the cost of the first class or business class travel;
        and
            (5) the cost difference between such travel and travel by
        coach class.
    (c) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given such term in section 4 of
the Office of Federal Procurement Policy Act (41 U.S.C. 403).

            Passed the Senate June 6, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                 S. 457

_______________________________________________________________________

                                 AN ACT

To require the Director of the Office of Management and Budget to issue
       guidance for, and provide oversight of, the management of
micropurchases made with Governmentwide commercial purchase cards, and
                          for other purposes.

Summary: Purchase Card Waste Elimination Act of 2006 - Requires the Director of the Office of Management and Budget (OMB) to issue guidelines to assist executive agencies in improving the management of the use of the governmentwide commercial purchase card for making micropurchases. Requires such guidelines to cover an analysis of purchase card expenditures to identify opportunities for achieving and accurately measuring: (1) fair participation of small business concerns in micro-purchases, consistent with the national policy on small business participation in federal procurements set forth in the Small Business Act. And (2) dissemination of best practices for participation of small business concerns in micro-purchases. Requires the Administrator of General Services (GSA) to continue efforts to improve reporting by financial institutions that issue such a card so that GSA has the data needed to: (1) identify opportunities for achieving savings. And (2) actively pursue point-of-sale discounts with major vendors accepting it so that any federal government purchaser using it can benefit from such discounts. Requires the senior procurement executive for each executive agency, as directed by OMB, to report periodically to OMB on the actions taken in the agency pursuant to the guidelines. Requires OMB to report annually to specified congressional committees on the progress made in: (1) improving management of the use of the purchase card. And (2) achieving certain savings in micropurchases made with it. Requires GSA, in conjunction with the Internal Revenue Service (IRS) and the Financial Management Service, to develop procedures to subject to the Federal Payment Levy program any purchase card payments to federal contractors. Requires GSA to report annually to specified congressional committees on all first class and business class travel by executive agency employees undertaken at federal expense.

A bill to require the Director of the Office of Management and Budget to issue guidance for, and provide oversight of, the management of micropurchases made with Governmentwide commercial purchase cards, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Food Date Labeling Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) As of the date of enactment of this Act, date labeling
        practices on food packaging cause confusion with ``sell-by'',
        ``best-by'', ``use-by'', and ``best before'' dates, leading up
        to 90 percent of individuals in the United States to
        occasionally throw out still-fresh food.
            (2) Confusion over the meaning of date labels is estimated
        to account for 20 percent of consumer waste of safe, edible
        food, leading to approximately $29,000,000,000 of wasted
        consumer spending each year.
            (3) Consumer education and standardized date labeling are
        the top 2 most cost-effective strategies for reducing food
        waste, by economic value per ton diverted.
            (4) Wasted food costs consumers and industry money,
        squanders important natural resources that are used to grow,
        process, distribute, and store the food supply of the United
        States, and represents a missed opportunity to feed the
        millions of food insecure households in the United States that
        are struggling to access healthy, affordable food.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administering secretaries.--The term ``administering
        Secretaries'' means--
                    (A) with respect to products described in paragraph
                (4)(A), the Secretary of Agriculture; and
                    (B) with respect to products described in paragraph
                (4)(B), the Secretary of Health and Human Services.
            (2) Food labeler.--The term ``food labeler'' means the
        producer, manufacturer, distributor, or retailer that places a
        date label on food packaging of a product.
            (3) Quality date.--The term ``quality date'' means a date
        voluntarily printed on food packaging that is intended to
        communicate to consumers the date after which the quality of
        the product may begin to deteriorate, but may still be
        acceptable for consumption.
            (4) Ready-to-eat product.--The term ``ready-to-eat
        product'' means--
                    (A) with respect to a product under the
                jurisdiction of the Secretary of Agriculture, a product
                that--
                            (i) is in a form that is edible without
                        additional preparation to achieve food safety
                        and may receive additional preparation for
                        palatability or aesthetic, epicurean,
                        gastronomic, or culinary purposes; and
                            (ii) is--
                                    (I) a poultry product, as defined
                                in section 4 of the Poultry Products
                                Inspection Act (21 U.S.C. 453);
                                    (II) a meat food product, as
                                defined in section 1 of the Federal
                                Meat Inspection Act (21 U.S.C. 601); or
                                    (III) an egg product, as defined in
                                section 4 of the Egg Products
                                Inspection Act (21 U.S.C. 1033); and
                    (B) with respect to a food (as defined in section
                201 of the Federal Food, Drug, and Cosmetic Act (21
                U.S.C. 321)) under the jurisdiction of the Secretary of
                Health and Human Services--
                            (i) a food that is normally eaten in its
                        raw state; or
                            (ii) any other food, including a processed
                        food, for which it is reasonably foreseeable
                        that the food will be eaten without further
                        processing that would significantly minimize
                        biological hazards.
            (5) Safety date.--The term ``safety date'' means a date
        printed on food packaging of a ready-to-eat product, which
        signifies the end of the estimated period of shelf life under
        any stated storage conditions, after which the product may pose
        a health safety risk.

SEC. 4. QUALITY DATES AND SAFETY DATES.

    (a) Quality Dates.--
            (1) In general.--If a food labeler includes a quality date
        on food packaging, the label shall use the uniform quality date
        label phrase under paragraph (2).
            (2) Uniform phrase.--The uniform quality date label phrase
        under this paragraph shall be ``best if used by'', unless and
        until the administering Secretaries, acting jointly, specify
        through rulemaking another uniform phrase to be used for
        purposes of complying with paragraph (1).
            (3) Option of the labeler.--The decision to include a
        quality date on food packaging shall be at the discretion of
        the food labeler.
    (b) Safety Dates.--
            (1) In general.--The label of a ready-to-eat product shall
        include a safety date that is immediately preceded by the
        uniform safety date label phrase under paragraph (2) if the
        ready-to-eat product--
                    (A) meets the criteria described in paragraph
                (3)(A) and is not exempt under paragraph (3)(B)(ii); or
                    (B) is listed in accordance with paragraph
                (3)(B)(i).
            (2) Uniform phrase.--The uniform safety date label phrase
        under this paragraph shall be `expires on', unless and until
        the administering Secretaries jointly specify through
        rulemaking another uniform phrase to be used for purposes of
        complying with paragraph (1).
            (3) High-risk ready-to-eat products.--
                    (A) In general.--The administering Secretaries,
                acting jointly, shall describe criteria that determine
                what ready-to-eat products may have a high level of
                risk associated with consumption after a certain date,
                including those that may be high or very high risk for
                Listeria monocytogenes or other contaminants or
                pathogens causing foodborne illness.
                    (B) Additional foods; exempt foods.--The
                administering Secretaries may, with respect to the
                products under the jurisdiction of the administering
                Secretaries, respectively--
                            (i) list additional ready-to-eat products
                        that are high risk, but do not meet the
                        criteria described in subparagraph (A); or
                            (ii) exempt specific ready-to-eat products
                        that meet the criteria described in
                        subparagraph (A), but do not actually pose a
                        high level of risk associated with consumption
                        after a certain date.
                    (C) Review and updates.--Not less than once every 4
                years, the administering Secretaries, acting jointly,
                shall review and, as the administering Secretaries
                determine appropriate, shall update--
                            (i) the criteria described in subparagraph
                        (A); and
                            (ii) the list and exemptions described in
                        subparagraph (B).
    (c) Quality Date and Safety Date Labeling.--
            (1) In general.--The quality date and safety date, as
        applicable, and immediately adjacent uniform quality date label
        phrase or safety date label phrase shall be--
                    (A) in single easy-to-read type style using upper
                and lower case letters in the standard form;
                    (B) in a type size no smaller than 8 point; and
                    (C) located in a conspicuous place on the package
                of the food.
            (2) Date format.--Each quality date and safety date shall
        be stated in terms of day and month and, as appropriate, year.
    (d) Guidance.--The Commissioner of Food and Drugs and the Secretary
of Agriculture shall establish guidance for food labelers on how to
determine quality dates and safety dates for food products.
    (e) Sale or Donation After Quality Date.--No one shall prohibit the
sale, donation, or use of any product after the quality date for the
product has passed.
    (f) Education.--Not later than 1 year after the date of enactment
of this Act, the administering Secretaries, acting jointly, shall
provide consumer education and outreach on the meaning of quality date
and safety date food labels.
    (g) Rule of Construction; Preemption.--
            (1) Rule of construction.--Nothing in this section shall be
        construed to prohibit any State or political subdivision of a
        State from establishing or continuing in effect any requirement
        that prohibits the sale or donation of foods based on passage
        of the safety date.
            (2) Preemption.--No State or political subdivision of a
        State may establish or continue in effect any requirement
        that--
                    (A) relates to the inclusion in food labeling of a
                quality date or a safety date that is different from or
                in addition to, or that is otherwise not identical
                with, the requirements under this section; or
                    (B) prohibits the sale or donation of foods based
                on passage of the quality date.
            (3) Enforcement.--The administering Secretaries, acting
        jointly and in coordination with the Federal Trade Commission,
        shall ensure that the uniform quality date label phrase and
        uniform safety date label phrase are standardized across all
        food products.
            (4) Savings.--Nothing in this Act, nor any amendment made
        by this Act, nor any standard or requirement imposed pursuant
        to this Act shall be construed to preempt, displace, or
        supplant any State or Federal common law rights or any State or
        Federal statute creating a remedy for civil relief, including
        those for civil damage, or a penalty for criminal conduct.
    (h) Time Temperature Indicator Labels.--Nothing in this section
shall be construed to prohibit or restrict the use of time-temperature
indicator labels or similar technology that is consistent with the
requirements of this Act.
    (i) Delayed Applicability.--This section shall apply only with
respect to food products that are labeled on or after a date that is 2
years after the date of enactment of this Act.

SEC. 5. MISBRANDING VIOLATION FOR QUALITY DATES AND SAFETY DATES IN
              FOOD LABELING.

    (a) FDA Violations.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
    ``(z) if its labeling is in violation of section 4 of the Food Date
Labeling Act of 2016 (relating to quality dates and safety dates).''.
    (b) Poultry Products.--Section 4(h) of the Poultry Products
Inspection Act (21 U.S.C. 453(h)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it does not bear a label in accordance with
        section 4 of the Food Date Labeling Act of 2016.''.
    (c) Meat Products.--Section 1(n) of the Federal Meat Inspection Act
(21 U.S.C. 601(n)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) if it does not bear a label in accordance with
        section 4 of the Food Date Labeling Act of 2016.''.
    (d) Egg Products.--Section 7(b) of the Egg Products Inspection Act
(21 U.S.C. 1036(b)) is amended in the first sentence by adding before
the period at the end ``or if it does not bear a label in accordance
with section 4 of the Food Date Labeling Act of 2016''.

SEC. 6. REPORT TO CONGRESS.

    Not later than 5 years after the date of enactment of this Act, the
administering Secretaries, acting jointly, shall report to the
appropriate committees of Congress on the progress in the reduction of
food waste that can be attributed to the standardization of food date
labeling and consumer education required by this Act and the amendments
made by this Act.

Summary: Food Date Labeling Act of 2016 This bill establishes requirements that: (1) address food waste that occurs when people throw out fresh food because of their confusion over the meaning of expiration dates on food labels and whether or not the food is still safe to eat, and (2) standardize quality date and safety date food labels. Producers, manufacturers, distributors, or retailers that place a date label on food packaging of a product must use the phrases quot, best if used byquot, to indicate food quality and the phrase quot, expires onquot. To warn of food that may be unsafe to eat after a specified date. While labelers may voluntarily choose to include a quality date on packaging, they must include a safety date on ready-to-eat products. The Food and Drug Administration and the Department of Agriculture (USDA) must establish guidance for food labelers on how to determine quality dates and safety dates for food products. No one may prohibit the sale, donation, or use of a product after the quality date for the product has passed. USDA and the Department of Health and Human Services must educate consumers on the meaning of quality date and safety date food labels.

Food Date Labeling Act of 2016


SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER
              SECURITIES.

    (a) In General.--Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) in amended by adding at the end
of the following new subsection:
    ``(e) Notice of High Concentration of Plan Assets In Employer
Securities.--
            ``(1) In general.--In the case of an individual account
        plan to which this subsection applies, if the percentage of
        assets in the individual account that consists of employer
        securities and employer real property exceeds 50 percent of the
        total account, the plan administrator shall include with the
        account statement a notice that the account may be overinvested
        in employer securities and employer real property. Any
        determination under this paragraph shall be made as of the most
        recent valuation date under the plan.
            ``(2) Exclusion of assets held through pooled investment
        vehicles.--Employer securities and employer real property held
        through an investment option of the plan which is not designed
        to invest primarily in employer securities or employer real
        property shall not be taken under paragraph (1) is determining
        the percentage of assets that consist of employer securities
        and employer real property.
            ``(3) Application.--
                    ``(A) In general.--This subsection shall apply to
                any individual account plan which--
                            ``(i) holds employer securities which are
                        readily tradable on an established securities
                        market, and
                            ``(ii) permits a participant or beneficiary
                        to exercise control over assets in the
                        individual's account.
                    ``(B) Exception for esops.--This subsection shall
                not apply to an employee stock ownership plan (as
                defined in section 4795(e)(7)) of the Internal Revenue
                Code of 1986) if the plan has no contributions which
                are subject to section 401 (k) or (m) of such Code.
            ``(4) Employer securities and real property.--For purposes
        of this subsection, the terms `employer securities' and
        `employer real property' have the meanings given such terms by
        paragraphs (1) and (2) of section 407(d), respectively.''
    (b) Penalty.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended--
            (1) in subsection (a)(6), by striking ``(6), or (7)'' and
        inserting ``(6), (7), or (8)'',
            (2) by redesignating paragraph (8) of subsection (c) as
        paragraph (9), and
            (3) by inserting after paragraph (7) the following new
        paragraph:
            ``(8) The Secretary may assess a civil penalty against a
        plan administrator of up to $100 a day from the date of the
        plan administrator's failure or refusal to provide notice to
        participants and beneficiaries in accordance with section
        105(e). For purposes of this paragraph, each violation with
        respect to any single participant or beneficiary shall be
        treated as a separate violation.''
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2002.

SEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES.

    (a) In General.--Subsection (m) of section 132 of the Internal
Revenue Code of 1986 (defining qualified retirement services) is
amended by redesignating paragraphs (2) and (3) as paragraphs (5) and
(6), respectively, and by inserting after paragraph (1) the following:
            ``(2) Limitations.--
                    ``(A) Dollar limitation.--The aggregate amount
                which may be excluded with respect to qualified
                retirement planning services provided to any individual
                during a taxable year shall not exceed $1,500.
                    ``(B) Adjusted gross income.--No amount may be
                excluded with respect to qualified retirement planning
                services provided during a taxable year if the modified
                adjusted gross income of the taxpayer for such taxable
                year exceeds $100,000 ($200,000 in the case of married
                individuals filing a joint return). For purposes of
                this subparagraph, the term `modified adjusted gross
                income' means adjusted gross income, determined without
                regard to this section and sections 911, 931, and 933.
            ``(3) Cash reimbursements.--For purposes of this subsection
        the term `qualified retirement planning services' includes a
        cash reimbursement by an employer to an employee for a benefit
        described in paragraph (1).
            ``(4) No constructive receipt.--No amount shall be included
        in the gross income of any employee solely because the employee
        may choose between any qualified retirement planning services
        provided by a qualified investment advisor and compensation
        which would otherwise be includible in the gross income of such
        employee. The preceding sentence shall apply to highly
        compensated employees only if the choice described in such
        sentence is available on substantially the same terms to each
        member of the group of employees normally provided education
        and information regarding the employer's qualified employer
        plan.''
    (b) Conforming Amendments.--
            (1) Section 403(b)(3)(B) of such Code is amended by
        inserting ``132(m)(4),'' after ``132(f)(4),''.
            (2) Section 414(s)(2) of such Code is amended by inserting
        ``132(m)(4),'' after ``132(f)(4),''.
            (3) Section 415(c)(3)(D)(ii) of such Code is amended by
        inserting ``132(m)(4),'' after ``132(f)(4),''.
    (c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2002.

Summary: Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401 which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account. Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles. And (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC). Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 . Provides that no amount shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan.

A bill to provide information and advice to pension plan participants to assist them in making decisions regarding the investment of their pension plan assets, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Administrative Simplification
Compliance Act''.

SEC. 2. EXTENSION OF DEADLINE FOR COVERED ENTITIES SUBMITTING
              COMPLIANCE PLANS.

    (a) In General.--
        (1) Extension.--Subject to paragraph (2), notwithstanding
    section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d-
    4(b)(1)(A)) and section 162.900 of title 45, Code of Federal
    Regulations, a health care provider, health plan (other than a
    small health plan), or a health care clearinghouse shall not be
    considered to be in noncompliance with the applicable requirements
    of subparts I through R of part 162 of title 45, Code of Federal
    Regulations, before October 16, 2003.
        (2) Condition.--Paragraph (1) shall apply to a person described
    in such paragraph only if, before October 16, 2002, the person
    submits to the Secretary of Health and Human Services a plan of how
    the person will come into compliance with the requirements
    described in such paragraph not later than October 16, 2003. Such
    plan shall be a summary of the following:
            (A) An analysis reflecting the extent to which, and the
        reasons why, the person is not in compliance.
            (B) A budget, schedule, work plan, and implementation
        strategy for achieving compliance.
            (C) Whether the person plans to use or might use a
        contractor or other vendor to assist the person in achieving
        compliance.
            (D) A timeframe for testing that begins not later than
        April 16, 2003.
        (3) Electronic submission.--Plans described in paragraph (2)
    may be submitted electronically.
        (4) Model form.--Not later than March 31, 2002, the Secretary
    of Health and Human Services shall promulgate a model form that
    persons may use in drafting a plan described in paragraph (2). The
    promulgation of such form shall be made without regard to chapter
    35 of title 44, United States Code (commonly known as the
    ``Paperwork Reduction Act'').
        (5) Analysis of plans; reports on solutions.--
            (A) Analysis of plans.--
                (i) Furnishing of plans.--Subject to subparagraph (D),
            the Secretary of Health and Human Services shall furnish
            the National Committee on Vital and Health Statistics with
            a sample of the plans submitted under paragraph (2) for
            analysis by such Committee.
                (ii) Analysis.--The National Committee on Vital and
            Health Statistics shall analyze the sample of the plans
            furnished under clause (i).
            (B) Reports on solutions.--The National Committee on Vital
        and Health Statistics shall regularly publish, and widely
        disseminate to the public, reports containing effective
        solutions to compliance problems identified in the plans
        analyzed under subparagraph (A). Such reports shall not relate
        specifically to any one plan but shall be written for the
        purpose of assisting the maximum number of persons to come into
        compliance by addressing the most common or challenging
        problems encountered by persons submitting such plans.
            (C) Consultation.--In carrying out this paragraph, the
        National Committee on Vital and Health Statistics shall consult
        with each organization--
                (i) described in section 1172(c)(3)(B) of the Social
            Security Act (42 U.S.C. 1320d-1(c)(3)(B)); or
                (ii) designated by the Secretary of Health and Human
            Services under section 162.910(a) of title 45, Code of
            Federal Regulations.
            (D) Protection of confidential information.--
                (i) In general.--The Secretary of Health and Human
            Services shall ensure that any material provided under
            subparagraph (A) to the National Committee on Vital and
            Health Statistics or any organization described in
            subparagraph (C) is redacted so as to prevent the
            disclosure of any--

                    (I) trade secrets;
                    (II) commercial or financial information that is
                privileged or confidential; and
                    (III) other information the disclosure of which
                would constitute a clearly unwarranted invasion of
                personal privacy.

                (ii) Construction.--Nothing in clause (i) shall be
            construed to affect the application of section 552 of title
            5, United States Code (commonly known as the ``Freedom of
            Information Act''), including the exceptions from
            disclosure provided under subsection (b) of such section.
        (6) Enforcement through exclusion from participation in
    medicare.--
            (A) In general.--In the case of a person described in
        paragraph (1) who fails to submit a plan in accordance with
        paragraph (2), and who is not in compliance with the applicable
        requirements of subparts I through R of part 162 of title 45,
        Code of Federal Regulations, on or after October 16, 2002, the
        person may be excluded at the discretion of the Secretary of
        Health and Human Services from participation (including under
        part C or as a contractor under sections 1816, 1842, and 1893)
        in title XVIII of the Social Security Act (42 U.S.C. 1395 et
        seq.).
            (B) Procedure.--The provisions of section 1128A of the
        Social Security Act (42 U.S.C. 1320a-7a) (other than the first
        and second sentences of subsection (a) and subsection (b))
        shall apply to an exclusion under this paragraph in the same
        manner as such provisions apply with respect to an exclusion or
        proceeding under section 1128A(a) of such Act.
            (C) Construction.--The availability of an exclusion under
        this paragraph shall not be construed to affect the imposition
        of penalties under section 1176 of the Social Security Act (42
        U.S.C. 1320d-5).
            (D) Nonapplicability to complying persons.--The exclusion
        under subparagraph (A) shall not apply to a person who--
                (i) submits a plan in accordance with paragraph (2); or
                (ii) who is in compliance with the applicable
            requirements of subparts I through R of part 162 of title
            45, Code of Federal Regulations, on or before October 16,
            2002.
    (b) Special Rules.--
        (1) Rules of construction.--Nothing in this section shall be
    construed--
            (A) as modifying the October 16, 2003, deadline for a small
        health plan to comply with the requirements of subparts I
        through R of part 162 of title 45, Code of Federal Regulations;
        or
            (B) as modifying--
                (i) the April 14, 2003, deadline for a health care
            provider, a health plan (other than a small health plan),
            or a health care clearinghouse to comply with the
            requirements of subpart E of part 164 of title 45, Code of
            Federal Regulations; or
                (ii) the April 14, 2004, deadline for a small health
            plan to comply with the requirements of such subpart.
        (2) Applicability of privacy standards before compliance
    deadline for information transaction standards.--
            (A) In general.--Notwithstanding any other provision of
        law, during the period that begins on April 14, 2003, and ends
        on October 16, 2003, a health care provider or, subject to
        subparagraph (B), a health care clearinghouse, that transmits
        any health information in electronic form in connection with a
        transaction described in subparagraph (C) shall comply with the
        requirements of subpart E of part 164 of title 45, Code of
        Federal Regulations, without regard to whether the transmission
        meets the standards required by part 162 of such title.
            (B) Application to health care clearinghouses.--For
        purposes of this paragraph, during the period described in
        subparagraph (A), an entity that processes or facilitates the
        processing of information in connection with a transaction
        described in subparagraph (C) and that otherwise would be
        treated as a health care clearinghouse shall be treated as a
        health care clearinghouse without regard to whether the
        processing or facilitation produces (or is required to produce)
        standard data elements or a standard transaction as required by
        part 162 of title 45, Code of Federal Regulations.
            (C) Transactions described.--The transactions described in
        this subparagraph are the following:
                (i) A health care claims or equivalent encounter
            information transaction.
                (ii) A health care payment and remittance advice
            transaction.
                (iii) A coordination of benefits transaction.
                (iv) A health care claim status transaction.
                (v) An enrollment and disenrollment in a health plan
            transaction.
                (vi) An eligibility for a health plan transaction.
                (vii) A health plan premium payments transaction.
                (viii) A referral certification and authorization
            transaction.
    (c) Definitions.--In this section--
        (1) the terms ``health care provider'', ``health plan'', and
    ``health care clearinghouse'' have the meaning given those terms in
    section 1171 of the Social Security Act (42 U.S.C. 1320d) and
    section 160.103 of title 45, Code of Federal Regulations;
        (2) the terms ``small health plan'' and ``transaction'' have
    the meaning given those terms in section 160.103 of title 45, Code
    of Federal Regulations; and
        (3) the terms ``health care claims or equivalent encounter
    information transaction'', ``health care payment and remittance
    advice transaction'', ``coordination of benefits transaction'',
    ``health care claim status transaction'', ``enrollment and
    disenrollment in a health plan transaction'', ``eligibility for a
    health plan transaction'', ``health plan premium payments
    transaction'', and ``referral certification and authorization
    transaction'' have the meanings given those terms in sections
    162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201,
    162.1701, and 162.1301 of title 45, Code of Federal Regulations,
    respectively.

SEC. 3. REQUIRING ELECTRONIC SUBMISSION OF MEDICARE CLAIMS.

    (a) In General.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended--
        (1) in subsection (a)--
            (A) by striking ``or'' at the end of paragraph (20);
            (B) by striking the period at the end of paragraph (21) and
        inserting ``; or''; and
            (C) by inserting after paragraph (21) the following new
        paragraph:
        ``(22) subject to subsection (h), for which a claim is
    submitted other than in an electronic form specified by the
    Secretary.''; and
        (2) by inserting after subsection (g) the following new
    subsection:
    ``(h)(1) The Secretary--
        ``(A) shall waive the application of subsection (a)(22) in
    cases in which--
            ``(i) there is no method available for the submission of
        claims in an electronic form; or
            ``(ii) the entity submitting the claim is a small provider
        of services or supplier; and
        ``(B) may waive the application of such subsection in such
    unusual cases as the Secretary finds appropriate.
    ``(2) For purposes of this subsection, the term `small provider of
services or supplier' means--
        ``(A) a provider of services with fewer than 25 full-time
    equivalent employees; or
        ``(B) a physician, practitioner, facility, or supplier (other
    than provider of services) with fewer than 10 full-time equivalent
    employees.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
apply to claims submitted on or after October 16, 2003.

SEC. 4. CLARIFICATION WITH RESPECT TO APPLICABILITY OF ADMINISTRATIVE
              SIMPLIFICATION REQUIREMENTS TO MEDICARE+CHOICE
              ORGANIZATIONS.

    Section 1171(5)(D) of the Social Security Act (42 U.S.C.
1320d(5)(D)) is amended by striking ``Part A or part B'' and inserting
``Parts A, B, or C''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF
              REGULATIONS.

    (a) In General.--Subject to subsection (b), and in addition to any
other amounts that may be authorized to be appropriated, there are
authorized to be appropriated a total of $44,200,000, for--
        (1) technical assistance, education and outreach, and
    enforcement activities related to subparts I through R of part 162
    of title 45, Code of Federal Regulations; and
        (2) adopting the standards required to be adopted under section
    1173 of the Social Security Act (42 U.S.C. 1320d-2).
    (b) Reductions.--
        (1) Model form 14 days late.--If the Secretary fails to
    promulgate the model form described in section 1(a)(4) by the date
    that is 14 days after the deadline described in such section, the
    amount referred to in subsection (a) shall be reduced by 25
    percent.
        (2) Model form 30 days late.--If the Secretary fails to
    promulgate the model form described in section 1(a)(4) by the date
    that is 30 days after the deadline described in such section, the
    amount referred to in subsection (a) shall be reduced by 50
    percent.
        (3) Model form 45 days late.--If the Secretary fails to
    promulgate the model form described in section 1(a)(4) by the date
    that is 45 days after the deadline described in such section, the
    amount referred to in subsection (a) shall be reduced by 75
    percent.
        (4) Model form 60 days late.--If the Secretary fails to
    promulgate the model form described in section 1(a)(4) by the date
    that is 60 days after the deadline described in such section, the
    amount referred to in subsection (a) shall be reduced by 100
    percent.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Administrative Simplification Compliance Act - Extends by one year the deadlines for compliance by health care providers, health plans other than small health plans, and health care clearinghouses with the standards for electronic health care transactions and code sets adopted under part C of title XI of the Social Security Act (SSA) by the Secretary of Health and Human Services only if, before the current deadline, such entity submits to the Secretary a plan for compliance with such standards. Directs the Secretary to furnish the National Committee on Vital and Health Statistics with a sample of such plans for analysis for reports containing effective solutions to compliance problems identified in the plans. Provides for exclusion from participation in Medicare for noncompliance. Amends SSA title XVIII to require the electronic submission of Medicare claims except in certain circumstances. Amends SSA title XI part C to include the MedicareChoice program as a health plan . Authorizes appropriations.

To ensure that covered entities comply with the standards for electronic health care transactions and code sets adopted under part C of title XI of the Social Security Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Force Work Force Renewal Act''.

SEC. 2. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES
              AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF
              THE AIR FORCE.

    (a) Separation Pay.--Section 5597(b) of title 5, United States
Code, is amended by adding at the end the following: ``Under such
program separation pay may also be offered for the purpose of
maintaining continuity of skills among employees of the Department of
the Air Force and adapting the skills of the workforce of such
Department to emerging technologies critical to the needs and goals of
such Department.''.
    (b) Retirement Under Civil Service Retirement System.--Section 8336
of such title is amended by adding at the end the following new
subsection:
    ``(o)(1) An employee of the Department of the Air Force who is
separated from the service voluntarily as a result of a determination
described in paragraph (2) after completing 25 years of service or
after becoming 50 years of age and completing 20 years of service is
entitled to an annuity.
    ``(2) A determination under this paragraph is a determination by
the Secretary of the Air Force that the separation described in
paragraph (1) is necessary for the purpose of maintaining continuity of
skills among employees of the Department of the Air Force and adapting
the skills of the workforce of the Department to emerging technologies
critical to the needs and goals of the Department.''.
    (c) Retirement Under Federal Employees' Retirement System.--Section
8414 of such title is amended by adding at the end the following new
subsection:
    ``(d)(1) An employee of the Department of the Air Force who is
separated from the service voluntarily as a result of a determination
described in paragraph (2) after completing 25 years of service or
after becoming 50 years of age and completing 20 years of service is
entitled to an annuity.
    ``(2) A determination under this paragraph is a determination by
the Secretary of the Air Force that the separation described in
paragraph (1) is necessary for the purpose of maintaining continuity of
skills among employees of the Department of the Air Force and adapting
the skills of the workforce of the Department to emerging technologies
critical to the needs and goals of the Department.''.
    (d) Limitation of Applicability.--The authority to provide
separation pay and retirement benefits under the amendments made by
this section--
            (1) may be exercised with respect to not more than 1000
        civilian employees of the Department of the Air Force during
        each calendar year; and
            (2) shall expire on the date that is five years after the
        date of the enactment of this Act.

SEC. 3. AIR FORCE EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR
              TECHNICAL PERSONNEL.

    (a) Program Authorized.--During the 5-year period beginning on the
date of the enactment of this Act, the Secretary of the Air Force may
carry out a program of experimental use of the special personnel
management authority provided in subsection (b) in order to facilitate
recruitment of civilian personnel to perform the following:
            (1) Research and exploratory or advanced development.
            (2) Acquisition of major weapons systems, excluding
        sustainment activities.
    (b) Special Personnel Management Authority.--(1) Under the program,
the Secretary may--
            (A) appoint eminent scientists and engineers from outside
        the civil service and uniformed services (as such terms are
        defined in section 2101 of title 5, United States Code) to not
        more than 62 positions in the Department of the Air Force
        without regard to the provisions of such title governing the
        appointment of employees in the civil service, except that the
        Secretary shall--
                    (i) provide for consideration of veterans'
                preference eligibility as described in section 2108 of
                such title; and
                    (ii) follow merit system principles, as established
                in chapter 23 of such title;
            (B) prescribe the rates of basic pay for positions to which
        employees are appointed under subparagraph (A) at rates not in
        excess of the rate payable for positions at level I of the
        Executive Schedule under section 5312 of such title; and
            (C) make payments to any employee appointed under
        subparagraph (A) in addition to basic pay within the limitation
        applicable to the employee under subsection (d)(1).
    (2) Of the 62 positions described in paragraph (1)--
            (A) 50 of such positions shall be allocated to
        organizations performing research and exploratory or advanced
        development; and
            (B) 12 of such positions shall be allocated to
        organizations whose primary mission is the development and
        acquisition of major weapons systems, excluding sustainment
        activities.
    (c) Limitation on Term of Appointment.--(1) Except as provided in
paragraph (2), the service of an employee under an appointment under
subsection (b)(1) may not exceed 4 years.
    (2) The Secretary may, in the case of a particular employee, extend
the period to which service is limited under paragraph (1) by not more
than 2 years if the Secretary determines that such action in necessary
to promote the efficiency of the Department of the Air Force.
    (d) Limitations on Additional Payments.--(1) The total amount of
additional payments paid to an employee under subsection (b)(1)(C) for
any 12-month period may not exceed the lesser of the following amounts:
            (A) $25,000.
            (B) The amount equal to 25 percent of the employee's annual
        rate of basic pay.
    (2) An employee appointed under subsection (b)(1) is not eligible
for a bonus, monetary award, or other monetary incentive for service
other than payments authorized under subsection (b)(1)(C).
    (e) Period of Program.--(1) The program authorized under this
section shall terminate at the end of the 5-year period referred to in
subsection (a).
    (2) After the termination of the program--
            (A) no appointment may be made under subsection (b)(1);
            (B) a rate of basic pay prescribed under subsection
        (b)(1)(B) may not take effect for a position; and
            (C) no period of service may be extended under subsection
        (c).
    (f) Savings Provisions.--In the case of an employee who, on the day
before the termination of the program, is serving in a position
pursuant to an appointment under subsection (b)(1)--
            (1) the termination of the program shall not terminate the
        employee's employment in that position before the expiration of
        the lesser of--
                    (A) the period for which the employee was
                appointed; or
                    (B) the period to which the employee's service is
                limited under subsection (c), including any extension
                made under paragraph (2) of that subsection before the
                termination of the program; and
            (2) the rate of basic pay prescribed for the position under
        subsection (b)(1)(B) may not be reduced for so long (within the
        period applicable to the employee under paragraph (1)) as the
        employee continues to serve in the position without a break in
        service.
    (g) Annual Report.--(1) Not later than October 15 of each of years
2001 through 2006, the Secretary shall submit a report on the program
to the Committees on Armed Services of the Senate and the House of
Representatives.
    (2) The annual report shall contain, for the period covered by the
report, the following:
            (A) A detailed discussion of the exercise of authority
        under this section.
            (B) The sources from which individuals appointed under
        subsection (b)(1) were recruited.
            (C) The methodology used for identifying and selecting such
        individuals.
            (D) Any additional information that the Secretary considers
        helpful for assessing the utility of the authority under this
        section.

SEC. 4. AIR FORCE EXPERIMENTAL HIRING PROGRAM.

    (a) Program Authorized.--During the 5-year period beginning on the
date of the enactment of this Act, the Secretary of the Air Force may
carry out a program of experimental use of the authority provided in
subsections (b), (c), and (d) in order to facilitate recruitment of
civilian personnel to carry out the following:
            (1) Research and exploratory or advanced development.
            (2) Acquisition of major weapons systems, excluding
        sustainment activities.
    (b) Category Ranking.--(1) Notwithstanding sections 3309, 3313,
3317(a), and 3318(a) of title 5, United States Code, the Secretary may
provide that applicants for positions in the Department of the Air
Force be evaluated according to a quality category rating system based
on relative degrees of merit, rather than according to numerical
ratings.
    (2) Under the system described in paragraph (1), each applicant who
meets the minimum qualification requirements shall be assigned to the
appropriate category based on an evaluation of the quality of the
applicant's knowledge, skills, and abilities relative to successful
performance in the position to be filled.
    (3) Within each such quality category, applicants who are eligible
for veterans' preference under section 2108 of such title shall have
priority over applicants who are not eligible for such preference.
    (4)(A) Each applicant, other than applicants for scientific and
professional positions at the GS-9 level or above, or the equivalent,
who meets the minimum qualifications requirements and who is eligible
for veterans' preference under section 2108(3)(C) of such title and who
has a compensable service-connected disability of 10 percent or more
shall have the highest priority in the quality category.
    (B) Applicants for scientific or professional positions at the GS-9
level or above, or the equivalent, shall be listed within their
category grouping, except that applicants who are eligible for
veterans' preference under such section 2108 shall have priority over
applicants who are not eligible for preference. Among preference
eligibles, preference shall be given without regard to the type of
preference.
    (5) Under the system described in paragraph (1), an appointing
official may select any qualified applicant within the highest
category, except that such an official may not pass over a preference
eligible for an individual who is not a preference eligible in the same
category unless the requirements of section 3312(b) or 3318(b) of title
5, United States Code, are satisfied. If fewer than 3 applicants have
been assigned to the highest category, an appointing official may
select any qualified applicant in the next lower category or
categories, if necessary to provide a pool of at least 3 qualified
applicants. An appointing official may not pass over a preference
eligible applicant to select a nonpreference eligible applicant in a
lower category.
    (c) Shortage and Critical Need Hiring Authority.--(1)
Notwithstanding section 3304(b) of title 5, United States Code, the
Secretary of the Air Force may appoint individuals into the competitive
service to fill civilian positions in the Department of the Air Force
without competition, provided public notice has been given and the
positions meet one of the following criteria:
            (A) There is a severe shortage of qualified candidates for
        the position.
            (B) There is a need for expedited hiring for the position.
            (C) The position is unique and has special qualifications.
            (D) The position has a historically high turnover rate.
    (2) The Secretary may appoint individuals with exceptional academic
qualifications or special experience to positions described in
paragraph (1). Individuals who qualify on the basis of education must
possess a cumulative grade point average of 3.5 or higher on a 4.0
scale (or the equivalent grade point average on a different scale).
    (3) Applicants who are eligible for veterans' preference under
section 2108 of title 5, United States Code, shall have priority over
applicants who are not eligible for such preference. Among preference
eligibles, a preference eligible applicant under subparagraphs (C)
through (G) of section 2108(3) of such title shall have priority over
an applicant who is eligible for preference under subparagraphs (A) or
(B) of such section. An appointing official may not pass over a
preference eligible applicant to select a nonpreference eligible
applicant unless the requirements of section 3312(b) or 3318(b) of such
title are satisfied.

Summary: Entitles employees who are voluntarily separated for the above reasons after completing 25 years of service or after becoming 50 years of age and completing 20 years of service to an annuity under either the Civil Service Retirement System or the Federal Employees' Retirement System. Limits the provision of such pay and annuity benefits to not more than 1000 employees in a calendar year. Terminates such authority five years after the enactment of this Act. Authorizes the Secretary of the Air Force, during the five-year period beginning on the enactment of this Act, to carry out a program of experimental use of special personnel management authority to appoint scientists and engineers from outside the civil service to perform: (1) research and exploratory or advanced development. And (2) acquisition of major weapons systems. Limits the number of such appointments to 62, with 50 appointed for the research and development positions and 12 for the acquisition positions. Limits the appointment term to four years, with an authorized two-year extension when necessary to promote Air Force efficiency. Limits the total amount to be paid to employees for any 12-month period as payments in addition to basic pay . Requires an annual program report from the Secretary to the congressional defense committees during 2001 through 2006. Authorizes the Secretary, during the same period, to carry out a program of experimental hiring for the above positions, using an employee rating system based on relative degrees of merit rather than numerical ratings. Gives priority to candidates with a service- connected disability rating of ten percent or more. Authorizes the Secretary to appoint individuals to fill civilian Air Force positions without competition, provided that public notice has been given and: (1) there is a severe shortage of qualified candidates, (2) there is a need for expediting such hiring, (3) the position is unique and has special qualifications. Or (4) the position has a historically high turnover rate. Authorizes the Secretary to appoint to such positions individuals with exceptional academic qualifications or special experience. Gives priority to applicants who are eligible for the veterans' preference.

Air Force Work Force Renewal Act