SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corinth Battlefield Preservation Act
of 2000''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
        (1) in 1996, Congress authorized the establishment and
    construction of a center--
            (A) to facilitate the interpretation of the Siege and
        Battle of Corinth and other Civil War actions in the area in
        and around the city of Corinth, Mississippi; and
            (B) to enhance public understanding of the significance of
        the Corinth campaign and the Civil War relative to the western
        theater of operations, in cooperation with--
                (i) State or local governmental entities;
                (ii) private organizations; and
                (iii) individuals;
        (2) the Corinth Battlefield was ranked as a priority 1
    battlefield having critical need for coordinated nationwide action
    by the year 2000 by the Civil War Sites Advisory Commission in its
    report on Civil War Battlefields of the United States;
        (3) there is a national interest in protecting and preserving
    sites of historic significance associated with the Civil War; and
        (4) the States of Mississippi and Tennessee and their
    respective local units of government--
            (A) have the authority to prevent or minimize adverse uses
        of these historic resources; and
            (B) can play a significant role in the protection of the
        historic resources related to the Civil War battles fought in
        the area in and around the city of Corinth.
    (b) Purposes.--The purposes of this Act are--
        (1) to establish the Corinth Unit of the Shiloh National
    Military Park--
            (A) in the city of Corinth, Mississippi; and
            (B) in the State of Tennessee;
        (2) to direct the Secretary of the Interior to manage, protect,
    and interpret the resources associated with the Civil War Siege and
    the Battle of Corinth that occurred in and around the city of
    Corinth, in cooperation with--
            (A) the State of Mississippi;
            (B) the State of Tennessee;
            (C) the city of Corinth, Mississippi;
            (D) other public entities; and
            (E) the private sector; and
        (3) to authorize a special resource study to identify other
    Civil War sites in and around the city of Corinth that--
            (A) are consistent with the themes of the Siege and Battle
        of Corinth;
            (B) meet the criteria for designation as a unit of the
        National Park System; and
            (C) are considered appropriate for inclusion in the Unit.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) Map.--The term ``Map'' means the map entitled ``Park
    Boundary-Corinth Unit'', numbered 304/80,007, and dated October
    1998.
        (2) Park.--The term ``Park'' means the Shiloh National Military
    Park.
        (3) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior.
        (4) Unit.--The term ``Unit'' means the Corinth Unit of Shiloh
    National Military Park established under section 4.

SEC. 4. ESTABLISHMENT OF UNIT.

    (a) In General.--There is established in the States of Mississippi
and Tennessee the Corinth Unit of the Shiloh National Military Park.
    (b) Composition of Unit.--The Unit shall be comprised of--
        (1) the tract consisting of approximately 20 acres generally
    depicted as ``Battery Robinett Boundary'' on the Map; and
        (2) any additional land that the Secretary determines to be
    suitable for inclusion in the Unit that--
            (A) is under the ownership of a public entity or nonprofit
        organization; and
            (B) has been identified by the Siege and Battle of Corinth
        National Historic Landmark Study, dated January 8, 1991.
    (c) Availability of Map.--The Map shall be on file and available
for public inspection in the office of the Director of the National
Park Service.

SEC. 5. LAND ACQUISITION.

    (a) In General.--The Secretary may acquire land and interests in
land within the boundary of the Park as depicted on the Map, by--
        (1) donation;
        (2) purchase with donated or appropriated funds; or
        (3) exchange.
    (b) Exception.--Land may be acquired only by donation from--
        (1) the State of Mississippi (including a political subdivision
    of the State);
        (2) the State of Tennessee (including a political subdivision
    of the State); or
        (3) the organization known as ``Friends of the Siege and Battle
    of Corinth''.

SEC. 6. PARK MANAGEMENT AND ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Unit in
accordance with this Act and the laws generally applicable to units of
the National Park System, including--
        (1) the Act entitled ``An Act to establish a National Park
    Service, and for other purposes'', approved August 25, 1916 (16
    U.S.C. 1 et seq.); and
        (2) the Act entitled ``An Act to provide for the preservation
    of historic American sites, buildings, objects, and antiquities of
    national significance, and for other purposes'', approved August
    21, 1935 (16 U.S.C. 461 et seq.).
    (b) Duties.--In accordance with section 602 of the Omnibus Parks
and Public Lands Management Act of 1996 (16 U.S.C. 430f-5), the
Secretary shall--
        (1) commemorate and interpret, for the benefit of visitors and
    the general public, the Siege and Battle of Corinth and other Civil
    War actions in the area in and around the city of Corinth within
    the larger context of the Civil War and American history, including
    the significance of the Civil War Siege and Battle of Corinth in
    1862 in relation to other operations in the western theater of the
    Civil War; and
        (2) identify and preserve surviving features from the Civil War
    era in the area in and around the city of Corinth, including both
    military and civilian themes that include--
            (A) the role of railroads in the Civil War;
            (B) the story of the Corinth contraband camp; and
            (C) the development of field fortifications as a tactic of
        war.
    (c) Cooperative Agreements.--
        (1) In general.--To carry out this Act, the Secretary may enter
    into cooperative agreements with entities in the public and private
    sectors, including--
            (A) colleges and universities;
            (B) historical societies;
            (C) State and local agencies; and
            (D) nonprofit organizations.
        (2) Technical assistance.--To develop cooperative land use
    strategies and conduct activities that facilitate the conservation
    of the historic, cultural, natural, and scenic resources of the
    Unit, the Secretary may provide technical assistance, to the extent
    that a recipient of technical assistance is engaged in the
    protection, interpretation, or commemoration of historically
    significant Civil War resources in the area in and around the city
    of Corinth, to--
            (A) the State of Mississippi (including a political
        subdivision of the State);
            (B) the State of Tennessee (including a political
        subdivision of the State);
            (C) a governmental entity;
            (D) a nonprofit organization; and
            (E) a private property owner.
    (d) Resources Outside the Unit.--Nothing in subsection (c)(2)
authorizes the Secretary to own or manage any resource outside the
Unit.

SEC. 7. AUTHORIZATION OF SPECIAL RESOURCE STUDY.

    (a) In General.--To determine whether certain additional properties
are appropriate for inclusion in the Unit, the Secretary shall conduct
a special resource study of land in and around the city of Corinth,
Mississippi, and nearby areas in the State of Tennessee that--
        (1) have a relationship to the Civil War Siege and Battle of
    Corinth in 1862; and
        (2) are under the ownership of--
            (A) the State of Mississippi (including a political
        subdivision of the State);
            (B) the State of Tennessee (including a political
        subdivision of the State);
            (C) a nonprofit organization; or
            (D) a private person.
    (b) Contents of Study.--The study shall--
        (1) identify the full range of resources and historic themes
    associated with the Civil War Siege and Battle of Corinth in 1862,
    including the relationship of the campaign to other operations in
    the western theater of the Civil War that occurred in--
            (A) the area in and around the city of Corinth; and
            (B) the State of Tennessee;
        (2) identify alternatives for preserving features from the
    Civil War era in the area in and around the city of Corinth,
    including both military and civilian themes involving--
            (A) the role of the railroad in the Civil War;
            (B) the story of the Corinth contraband camp; and
            (C) the development of field fortifications as a tactic of
        war;
        (3) identify potential partners that might support efforts by
    the Secretary to carry out this Act, including--
            (A) State entities and their political subdivisions;
            (B) historical societies and commissions;
            (C) civic groups; and
            (D) nonprofit organizations;
        (4) identify alternatives to avoid land use conflicts; and
        (5) include cost estimates for any necessary activity
    associated with the alternatives identified under this subsection,
    including--
            (A) acquisition;
            (B) development;
            (C) interpretation;
            (D) operation; and
            (E) maintenance.
    (c) Report.--Not later than 1 year and 180 days after the date on
which funds are made available to carry out this section, the Secretary
shall submit a report describing the findings of the study under
subsection (a) to--
        (1) the Committee on Energy and Natural Resources of the
    Senate; and
        (2) the Committee on Resources of the House of Representatives.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act, including $3,000,000 for the construction of an
interpretive center under section 602(d) of title VI of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 430f-5(d)).

                               Speaker of the House of Representatives.

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

Summary: Requires the Secretary to study and report to specified congressional committees on whether certain additional properties are appropriate for inclusion in the Unit. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Price and Economic Stability
Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) Reliable and affordable energy is necessary to ensure
        economic health and public safety.
            (2) The western states have historically worked well
        together to ensure that energy is sufficient to meet demand at
        a reasonable cost.
            (3) Despite the best efforts of the western states, an
        emergency energy situation now exists.
            (4) The Federal government should augment the states'
        response to the emergency by protecting consumers from
        excessive wholesale rates.
            (5) Several factors have led to the existing emergency,
        including the following: a flawed deregulation plan in the
        State of California, the existence of market power among
        generators in the western region, increased natural gas costs,
        drought in the Northwest, rapid increases in the populations of
        western states, poor regional and national forecasting of
        energy needs, decreased operating reserves due to a lack of
        investment in new generation.
            (6) Federal and State efforts to protect the environment
        have not significantly contributed to these problems.
            (7) The region's energy needs can be met while protecting
        the environment and public health.
            (8) On November 1, 2000, and again on December 15, 2000,
        the Federal Energy Regulatory Commission found that wholesale
        electricity rates in the State of California were and have the
        potential to be unjust and unreasonable under the Federal Power
        Act.
            (9) The Federal Energy Regulatory Commission issued orders
        on March 9, 2001, March 14, 2001, and March 16, 2001 alleging
        that generators had overcharged California utilities more than
        $130 million.
            (10) The Federal Energy Regulatory Commission orders only
        reflect a fraction of total overcharges and do not reflect the
        full period during which overcharges may have occurred.
            (11) The California Independent System Operator reports
        that generators may have overcharged California utilities by
        more than $6 billion in the period between May 2000 and
        February 2001.
            (12) The market conditions that have existed in California,
        Washington, and Oregon for months now exist in neighboring
        states, where electricity costs are also rising.
            (13) Unless the Federal Energy Regulatory Commission
        intervenes in the western wholesale electricity market, nothing
        will constrain the wholesale price of electricity and the
        situation this coming summer may worsen by orders of magnitude.
            (14) On March 9, 2001, the Governors of California, Oregon,
        and Washington wrote to the Chairman and Commissioners of the
        Federal Energy Regulatory Commission to request that cost-of-
        service based rates be imposed in the western region.
            (15) The Federal Energy Regulatory Commission has failed to
        fulfill its obligations under the Federal Power Act to act in
        the best interest of consumers by mandating just and reasonable
        wholesale rates in the western energy market.

SEC. 3. WHOLESALE ELECTRICITY RATES IN THE WESTERN UNITED STATES.

    (a) Definitions.--For purposes of this Act:
            (1) The term ``Commission'' means the Federal Energy
        Regulatory Commission.
            (2) The term ``cost-of-service-based rate'' means a rate,
        charge, or classification for the sale of electric energy that
        is equal to the sum of the following:
                    (A) All variable and fixed costs of generating such
                electric energy.
                    (B) Either--
                            (i) a reasonable risk premium, or
                            (ii) a return on invested capital used to
                        generate and transmit such electric energy that
                        reflects customary returns during the period
                        1994 through 1999.
                    (C) Other reasonable costs associated with the
                acquisition, conservation, and transmission of such
                electric energy.
            (3) The term ``new generation facility'' means any facility
        generating electric energy that did not generate electric
        energy at any time prior to January 1, 2001.
    (b) Exercise of Authority To Establish Cost-Based Rates.--Within 30
days after the enactment of this Act, the Commission shall issue an
order establishing cost-of-service-based rates for electric energy sold
at wholesale subject to the jurisdiction of the Commission under the
Federal Power Act for use in that portion of the United States that is
covered by the Western Systems Coordinating Council of the North
American Electric Reliability Council.
    (c) Sunset.--Subsection (b) shall not apply to sales of electric
energy after March 1, 2003.
    (d) New Facilities Not Covered.--The rates required under
subsection (b) shall not apply to any sale of electric energy generated
by any new generation facility.
    (e) Enforcement.--
            (1) State cause of action.--If a State determines that a
        wholesale rate applicable to delivery of electricity within the
        State is not in compliance with subsection (b) or is not just
        and reasonable, the State may bring an action in the
        appropriate United States district court. Upon adequate showing
        that a rate is not in compliance with subsection (b) or is not
        just and reasonable, the court shall order refunds or other
        relief as appropriate.
            (2) Civil penalties.--Any person who violates any
        requirement of this section shall be subject to civil penalties
        equal to 3 times the value of the amount involved in such
        violation. The Commission shall assess such penalties, after
        notice and opportunity for public hearing, in accordance with
        the same provisions as are applicable under section 31(d) of
        the Federal Power Act in the case of civil penalties assessed
        under such section 31.
    (f) Refunds.--In the case of sales of electric energy for use in
that portion of the United States that is covered by the Western
Systems Coordinating Council of the North American Electric Reliability
Council the Commission shall order the refund of any rates and charges
that were not just and reasonable and that applied to sales between
June 1, 2000 and the enactment of this Act. Any affected State may
bring an action in the appropriate United States district court to
enforce this subsection.
    (g) Savings Provisions.--Nothing in this section shall affect any
authority of the Commission existing before the enactment of this
section.

SEC. 4. GUARANTEE OF PAYMENT REQUIRED FOR CERTAIN EMERGENCY POWER
              SALES.

    Section 202(c) of the Federal Power Act (16 U.S.C. 825(c)) is
amended by adding the following at the end thereof: ``Except during the
continuance of any war, no order may be issued under this subsection
unless the payment of compensation or reimbursement to the person
subject to such order is fully guaranteed by the United States
Government or by a State government.''.

SEC. 5. SEVERABILITY.

    If any provision of this Act is found to be unenforceable or
invalid, no other provision of this Act shall be invalidated thereby.

Summary: Energy Price and Economic Stability Act of 2001 - Instructs the Federal Energy Regulatory Commission to establish cost-of-service-based rates for electric energy that is sold at wholesale, through April 30, 2003, for use in the area covered by the Western Systems Coordinating Council of the North American Electric Reliability Council. Provides for State enforcement of this Act. Instructs FERC to order refunds of rates and charges in the area covered by the Coordinating Council if electric energy sales were not just and reasonable. Amends the Federal Power Act to prohibit any FERC order for emergency connection or exchange of facilities unless the person subject to such order has been guaranteed full payment or reimbursement by either the Federal or State government.

To stabilize the dysfunctional wholesale power market in the Western United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage Insurance Fairness Act''.

SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE.

    (a) In General.--Paragraph (3) of section 163(h) of the Internal
Revenue Code of 1986 (relating to qualified residence interest) is
amended by adding after subparagraph (D) the following new
subparagraph:
                    ``(E) Mortgage insurance premiums treated as
                interest.--
                            ``(i) In general.--Premiums paid or accrued
                        for qualified mortgage insurance by a taxpayer
                        during the taxable year in connection with
                        acquisition indebtedness with respect to a
                        qualified residence of the taxpayer shall be
                        treated for purposes of this subsection as
                        qualified residence interest.
                            ``(ii) Phaseout.--The amount otherwise
                        allowable as a deduction under clause (i) shall
                        be reduced (but not below zero) by 10 percent
                        of such amount for each $1,000 ($500 in the
                        case of a married individual filing a separate
                        return) (or fraction thereof) that the
                        taxpayer's adjusted gross income for the
                        taxable year exceeds $100,000 ($50,000 in the
                        case of a married individual filing a separate
                        return).''.
    (b) Definition and Special Rules.--Paragraph (4) of section 163(h)
of the Internal Revenue Code of 1986 (relating to other definitions and
special rules) is amended by adding at the end the following new
subparagraphs:
                    ``(E) Qualified mortgage insurance.--The term
                `qualified mortgage insurance' means--
                            ``(i) mortgage insurance provided by the
                        Veterans Administration, the Federal Housing
                        Administration, or the Rural Housing
                        Administration, and
                            ``(ii) private mortgage insurance (as
                        defined by section 2 of the Homeowners
                        Protection Act of 1998 (12 U.S.C. 4901), as in
                        effect on the date of the enactment of this
                        subparagraph).
                    ``(F) Special rules for prepaid qualified mortgage
                insurance.--Any amount paid by the taxpayer for
                qualified mortgage insurance that is properly allocable
                to any mortgage the payment of which extends to periods
                that are after the close of the taxable year in which
                such amount is paid shall be chargeable to capital
                account and shall be treated as paid in such periods to
                which so allocated. No deduction shall be allowed for
                the unamortized balance of such account if such
                mortgage is satisfied before the end of its term. The
                preceding sentences shall not apply to amounts paid for
                qualified mortgage insurance provided by the Veterans
                Administration or the Rural Housing Administration.''.

SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE.

    Section 6050H of the Internal Revenue Code of 1986 (relating to
returns relating to mortgage interest received in trade or business
from individuals) is amended by adding at the end the following new
subsection:
    ``(h) Returns Relating to Mortgage Insurance Premiums.--
            ``(1) In general.--The Secretary may prescribe, by
        regulations, that any person who, in the course of a trade or
        business, receives from any individual premiums for mortgage
        insurance aggregating $600 or more for any calendar year, shall
        make a return with respect to each such individual. Such return
        shall be in such form, shall be made at such time, and shall
        contain such information as the Secretary may prescribe.
            ``(2) Statement to be furnished to individuals with respect
        to whom information is required.--Every person required to make
        a return under paragraph (1) shall furnish to each individual
        with respect to whom a return is made a written statement
        showing such information as the Secretary may prescribe. Such
        written statement shall be furnished on or before January 31 of
        the year following the calendar year for which the return under
        paragraph (1) was required to be made.
            ``(3) Special rules.--For purposes of this subsection--
                    ``(A) rules similar to the rules of subsection (c)
                shall apply, and
                    ``(B) the term `mortgage insurance' means--
                            ``(i) mortgage insurance provided by the
                        Veterans Administration, the Federal Housing
                        Administration, or the Rural Housing
                        Administration, and
                            ``(ii) private mortgage insurance (as
                        defined by section 2 of the Homeowners
                        Protection Act of 1998 (12 U.S.C. 4901), as in
                        effect on the date of the enactment of this
                        subsection).''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply to amounts paid or
accrued after the date of enactment of this Act in taxable years ending
after such date.

Summary: Mortgage Insurance Fairness Act - Amends the Internal Revenue Code to treat mortgage insurance premium payments as tax deductible interest. Phases out the deduction for taxpayers with adjusted gross incomes exceeding $100,000.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airline Passenger Fairness Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The number of airline passengers on United States
        carriers is expected to grow from about 600 million per year
        today to about 1 billion by the year 2008.
            (2) Since 1978 the number of certified large air carriers
        has decreased from 30 to 10. In 1998, 6 of the United States'
        largest air carriers sought to enter into arrangements that
        would result in 3 large networks comprising approximately 70
        percent of the domestic market.
            (3) Only \2/3\ of all communities in the United States that
        had scheduled air service in 1978 still have it today, and \1/
        2\ of those remaining are served by smaller airlines feeding
        hub airports.
            (4) The Department of Transportation's Domestic Airline
        Fares Consumer Report for the 3rd Quarter of 1997 listed 75
        major city pairs where fares increased by 30 percent or more
        year-over-year, while total traffic in these city pairs
        decreased by 863,500 passengers, or more than 20 percent.
            (5) A 1998 Department of Transportation study found that
        large United States air carriers charge twice as much at their
        large hub airports where there is no low fare competition as
        they charge at a hub airport where a low fare competitor is
        present. The General Accounting Office found that fares range
        from 12 percent to 71 percent higher at hubs dominated by one
        carrier or a consortium.
            (6) Complaints filed with the Department of Transportation
        about airline travel have increased by more than 25 percent
        over the previous year, and complaints against large United
        States air carriers have increased from 6,394 in 1997 to 7,994
        in 1998.
            (7) The 1997 National Civil Aviation Review Commission
        reported that recent data indicate the problem of delay in
        flights is getting worse, and that the number of daily aircraft
        delays of 15 minutes or longer was nearly 20 percent higher in
        1996 than in 1995.
            (8) The 1997 National Civil Aviation Review Commission
        forecast that United States domestic and international
        passenger enplanements are expected to increase 52 percent
        between 1996 and 2006, and the Federal Aviation Administration
        forecasts annual growth in revenue passenger miles will average
        4.2 percent.
            (9) A 1998 Department of Transportation study found that
        the large United States air carriers charge about 60 percent
        more to passengers traveling to or from small communities than
        they charge to passengers traveling between large communities.
            (10) The Congress has directed the Secretary of
        Transportation to prohibit unfair and deceptive practices in
        the airline industry.

SEC. 3. FAIR PRACTICES FOR AIRLINE PASSENGERS.

    Section 41712 of title 49, United States Code, is amended--
            (1) by striking ``On the initiative'' and inserting ``(a)
        Duty of the Secretary.--On the initiative''; and
            (2) by adding at the end thereof the following:
    ``(b) Specific Practices.--For purposes of subsection (a), the
terms `unfair or deceptive practice' and `unfair method of competition'
include, in the case of a certificated air carrier, an air carrier's
failure--
            ``(1) to inform a ticketed passenger, upon request, whether
        the flight on which the passenger is ticketed is oversold;
            ``(2) to permit a passenger holding a confirmed reserved
        space on a flight to use portions of that passenger's ticket
        for travel, rather than the entire ticket, regardless of the
        reason any other portion of the ticket is not used;
            ``(3) to deliver a passenger's checked baggage within 24
        hours after arrival of the flight on which the passenger
        travelled and on which the passenger checked the baggage,
        except for reasonable delays in delivery of such baggage;
            ``(4) to provide a consumer full access to all fares for
        that air carrier, regardless of the technology the consumer
        uses to access the fares if such information is requested by
        that consumer;
            ``(5) to provide notice to each passenger holding a
        confirmed reserved space on a flight with reasonable prior
        notice when a scheduled flight will be delayed for any reason
        (other than reasons of national security);
            ``(6) to inform passengers accurately and truthfully of the
        reason for the delay, cancellation, or diversion of a flight;
            ``(7) to refund the full purchase price of an unused ticket
        if the passenger requests a refund within 48 hours after the
        ticket is purchased;
            ``(8) to disclose to consumers information that would
        enable them to make informed decisions about the comparative
        value of frequent flyer programs among airlines, including--
                    ``(A) the number of seats redeemable on each
                flight; and
                    ``(B) the percentage of successful and failed
                redemptions on each airline and on each flight.
    ``(c) Report.--The Secretary shall include information about
violations of subsection (a) by certificated air carriers in the
Department of Transportation's monthly Air Travel Consumer Report.
    ``(d) Confirmed reserved space.--The term `confirmed reserved
space' shall mean a space on a specific date and on a specific flight
and class of service of a carrier which has been requested by a
passenger and which the carrier or its agent has verified, by
appropriate notation on the ticket or in any other manner provided by
the carrier, as being reserved for the accommodation of the
passenger.''.

Summary: Airline Passenger Fairness Act - Amends Federal aviation law to revise provisions prohibiting an air carrier, foreign air carrier, or ticket agent from engaging in unfair or deceptive practices or unfair methods of competition in air transportation to include within the definition of such prohibited practices an air carrier's failure to: (1) inform a ticketed passenger, upon request, whether the flight on which the passenger is ticketed is oversold. (2) permit a passenger holding a confirmed reserved space on a flight to use portions of that passenger's ticket for travel, rather than the entire ticket, regardless of the reason any other portion of the ticket is not used. (3) deliver a passenger's checked baggage within 24 hours after the arrival of the flight on which the passenger traveled and on which the passenger checked the baggage, except for reasonable delays in delivery of such baggage. (4) provide a consumer full access to all fares for that air carrier, regardless of the technology the consumer uses to access the fares if such information is requested by that consumer. (5) provide notice to each passenger holding a confirmed reserved space on a flight with reasonable prior notice when a scheduled flight will be delayed for any reason. (6) inform passengers accurately and truthfully of the reason for the delay, cancellation, or diversion of a flight. (7) refund the full purchase price of an unused ticket if the passenger requests a refund within 48 hours after the ticket is purchased. And (8) disclose to consumers information that would enable them to make informed decisions about the comparative value of frequent flyer programs among airlines.

Airline Passenger Fairness Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pueblo of Isleta Settlement and
Natural Resources Restoration Act of 2006''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) there is pending before the United States Court of
        Federal Claims a civil action filed by the Pueblo against the
        United States in which the Pueblo seeks to recover damages
        pursuant to the Isleta Jurisdictional Act;
            (2) the Pueblo and the United States, after a diligent
        investigation of the Pueblo claims, have negotiated a
        Settlement Agreement, the validity and effectiveness of which
        is contingent on the enactment of enabling legislation;
            (3) certain land of the Pueblo is waterlogged, and it would
        be to the benefit of the Pueblo and other water users to drain
        the land and return water to the Rio Grande River; and
            (4) there is Pueblo forest land in need of remediation in
        order to improve timber yields, reduce the threat of fire,
        reduce erosion, and improve grazing conditions.
    (b) Purposes.--The purposes of this Act are--
            (1) to improve the drainage of the irrigated land, the
        health of the forest land, and other natural resources of the
        Pueblo; and
            (2) to settle all claims that were raised or could have
        been raised by the Pueblo against the United States under the
        Isleta Jurisdictional Act in accordance with section 5.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Isleta jurisdictional act.--The term ``Isleta
        Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418).
            (2) Pueblo.--The term ``Pueblo'' means the Pueblo of
        Isleta, a federally-recognized Indian tribe.
            (3) Restoration fund.--The term ``Restoration Fund'' means
        the Pueblo of Isleta Natural Resources Restoration Fund
        established by section 4(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) Settlement agreement.--The term ``Settlement
        Agreement'' means the Agreement of Compromise and Settlement
        entered into between the United States and the Pueblo dated
        July 12, 2005, as modified by the Extension and Modification
        Agreement executed by the United States and the Pueblo on June
        22, 2006, to settle the claims of the Pueblo in Docket No. 98-
        166L, a case pending in the United States Court of Federal
        Claims.

SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the ``Pueblo of Isleta
Natural Resources Restoration Fund'', consisting of--
            (1) such amounts as are transferred to the Restoration Fund
        under subsection (b); and
            (2) any interest earned on investment of amounts in the
        Restoration Fund under subsection (d).
    (b) Transfers to Restoration Fund.--Upon entry of the final
judgment described in section 5(b), there shall be transferred to the
Restoration Fund, in accordance with conditions specified in the
Settlement Agreement and this Act--
            (1) $32,838,750 from the permanent judgment appropriation
        established pursuant to section 1304 of title 31, United States
        Code; and
            (2) in addition to the amounts transferred under paragraph
        (1), at such times and in such amounts as are specified for
        that purpose in the annual budget of the Department of the
        Interior, authorized to be appropriated by subsection (f), and
        made available by an Act of appropriation, a total of
        $7,200,000.
    (c) Distribution of Amounts From Restoration Fund.--
            (1) Appropriated amounts.--
                    (A) In general.--Subject to paragraph (3), upon the
                request of the Pueblo, the Secretary shall distribute
                amounts deposited in the Restoration Fund pursuant to
                section V of the Settlement Agreement and subsection
                (b)(2), in accordance with the terms and conditions of
                the Settlement Agreement and this Act, on the condition
                that the Secretary, before any such distribution,
                receives from the Pueblo such assurances as are
                satisfactory to the Secretary that--
                            (i) the Pueblo shall deliver funds in the
                        amount of $7,100,000 toward drainage and
                        remediation of the agricultural land and
                        rehabilitation of forest and range land of the
                        Pueblo in accordance with section IV(C) and
                        IV(D) of the Settlement Agreement; and
                            (ii) those funds shall be available for
                        expenditure for drainage and remediation
                        expenses as provided in sections IV(C) and
                        IV(D) of the Settlement Agreement on the dates
                        on which the Secretary makes distributions, and
                        in amounts equal to the amounts so distributed,
                        in accordance with sections IV(A) and IV(B) of
                        the Settlement Agreement.
                    (B) Use of funds.--Of the amounts distributed by
                the Secretary from the Restoration Fund under
                subparagraph (A)--
                            (i) $5,700,000 shall be available to the
                        Pueblo for use in carrying out the drainage and
                        remediation of approximately 1,081 acres of
                        waterlogged agricultural land, as described in
                        section IV(A) of the Settlement Agreement; and
                            (ii) $1,500,000 shall be available to the
                        Pueblo for use in carrying out the
                        rehabilitation and remediation of forest and
                        range land, as described in section IV(B) of
                        the Settlement Agreement.
                    (C) Federal consultation.--Restoration work carried
                out using funds distributed under this paragraph shall
                be planned and performed in consultation with--
                            (i) the Bureau of Indian Affairs; and
                            (ii) such other Federal agencies as are
                        necessary.
                    (D) Unused funds.--Any funds, including any
                interest income, that are distributed under this
                paragraph but that are not needed to carry out this
                paragraph shall be available for use in accordance with
                paragraph (2)(A).
            (2) Amounts from judgment fund.--
                    (A) In general.--Subject to paragraph (3), the
                amount paid into the Restoration Fund under subsection
                (b)(1), and interest income resulting from investment
                of that amount, shall be available to the Pueblo for--
                            (i) the acquisition, restoration,
                        improvement, development, and protection of
                        land, natural resources, and cultural resources
                        within the exterior boundaries of the Pueblo,
                        including improvements to the water supply and
                        sewage treatment facilities of the Pueblo; and
                            (ii) for the payment and reimbursement of
                        attorney and expert witness fees and expenses
                        incurred in connection with Docket No. 98-166L
                        of the United States Court of Federal Claims,
                        as provided in the Settlement Agreement.
                    (B) No contingency on provision of funds by
                pueblo.--The receipt and use of funds by the Pueblo
                under this paragraph shall not be contingent upon the
                provision by the Pueblo of the funds described in
                paragraph (1)(A)(i).
            (3) Expenditures and withdrawal.--
                    (A) Tribal management plan.--
                            (i) In general.--Subject to clause (ii),
                        the Pueblo may withdraw all or part of the
                        Restoration Fund on approval by the Secretary
                        of a tribal management plan in accordance with
                        section 202 of the American Indian Trust Fund
                        Management Reform Act of 1994 (25 U.S.C. 4022).
                            (ii) Requirements.--In addition to the
                        requirements under the American Indian Trust
                        Fund Management Reform Act of 1994 (25 U.S.C.
                        4001 et seq.), a tribal management plan
                        described in clause (i) shall require that the
                        Pueblo shall expend any funds withdrawn from
                        the Restoration Fund under this paragraph in a
                        manner consistent with the purposes described
                        in the Settlement Agreement.
                    (B) Enforcement.--The Secretary may take judicial
                or administrative action to enforce the provisions of
                any tribal management plan described in subparagraph
                (A)(i) to ensure that any funds withdrawn from the
                Restoration Fund under this paragraph are used in
                accordance with this Act.
                    (C) Liability.--If the Pueblo exercises the right
                to withdraw funds from the Restoration Fund under this
                paragraph, neither the Secretary nor the Secretary of
                the Treasury shall retain any liability for the
                accounting, disbursement, or investment of the funds
                withdrawn.
                    (D) Expenditure plan.--
                            (i) In general.--The Pueblo shall submit to
                        the Secretary for approval an expenditure plan
                        for any portion of the funds in the Restoration
                        Fund made available under this Act that the
                        Pueblo does not withdraw under this paragraph.
                            (ii) Description.--The expenditure plan
                        shall describe the manner in which, and the
                        purposes for which, funds of the Pueblo
                        remaining in the Restoration Fund will be used.
                            (iii) Approval.--On receipt of an
                        expenditure plan under clause (i), the
                        Secretary shall approve the plan if the
                        Secretary determines that the plan is
                        reasonable and consistent with this Act and the
                        Settlement Agreement.
                    (E) Annual report.--The Pueblo shall submit to the
                Secretary an annual report that describes expenditures
                from the Restoration Fund during the year covered by
                the report.
    (d) Maintenance and Investment of Restoration Fund.--
            (1) In general.--The Restoration Fund and amounts in the
        Restoration Fund shall be maintained and invested by the
        Secretary of the Interior pursuant to the first section of the
        Act of June 24, 1938 (52 Stat. 1037, chapter 648).
            (2) Credits to restoration fund.--The interest on, and the
        proceeds from the sale or redemption of, any obligations held
        in the Restoration Fund shall be credited to, and form a part
        of, the Restoration Fund.
    (e) Prohibition on Per-Capita Payments.--No portion of the amounts
in the Restoration Fund shall be available for payment on a per-capita
basis to members of the Pueblo.
    (f) Authorization of Appropriations.--There is authorized to be
appropriated to the Restoration Fund $7,200,000.

SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND
              COMPENSATION TO PUEBLO.

    (a) Ratification of Settlement Agreement.--The Settlement Agreement
is ratified.
    (b) Dismissal.--Not later than 90 days after the date of enactment
of this Act, the Pueblo and the United States shall execute and file a
joint stipulation for entry of final judgment in the case of Pueblo of
Isleta v. United States, Docket 98-166L, in the United States Court of
Federal Claims in such form and such manner as are acceptable to the
Attorney General and the Pueblo.
    (c) Compensation.--After the date of enactment of this Act, in
accordance with the Settlement Agreement, and upon entry of the final
judgment described in subsection (b)--
            (1) compensation to the Pueblo shall be paid from the
        permanent judgment appropriation established pursuant to
        section 1304 of title 31, United States Code, in the total
        amount of $32,838,750 for all monetary damages and attorney
        fees, interest, and any other fees and costs of any kind that
        were or could have been presented in connection with Docket No.
        98-166L of the United States Court of Federal Claims; but
            (2) the Pueblo shall retain all rights, including the right
        to bring civil actions based on causes of action, relating to
        the removal of ordnance under--
                    (A) the Comprehensive Environmental Response,
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                et seq.);
                    (B) the Defense Environmental Restoration Program
                under section 2701 of title 10, United States Code; and
                    (C) any contract entered into by the Pueblo for the
                removal of ordnance.
    (d) Other Limitations on Use of Funds.--The Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply
to funds distributed or withdrawn from the Restoration Fund under this
Act.
    (e) No Effect on Land, Resources, or Water Rights.--Nothing in this
Act affects the status of land and natural resources of the Pueblo or
any water right of the Pueblo.

Summary: Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta. And (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund. Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the US Court of Federal Claims. Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case. Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L.

A bill to compromise and settle all claims in the case of Pueblo of Isleta v. United States, to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Exempt Organization Simplification
and Taxpayer Protection Act of 2013''.

SEC. 2. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO OPERATE
              AS 501(C)(4).

    (a) In General.--Part I of subchapter F of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:

``SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO
              OPERATE AS 501(C)(4).

    ``(a) In General.--An organization described in section 501(c)(4)
shall, not later than 60 days after the organization is established,
notify the Secretary (in such manner as the Secretary shall by
regulation prescribe) that it is operating as such.
    ``(b) Contents of Notice.--The notice required under subsection (a)
shall include the following information:
            ``(1) The name, address, and taxpayer identification number
        of the organization.
            ``(2) The date on which, and the State under the laws of
        which, the organization was organized.
            ``(3) A statement of the purpose of the organization.
    ``(c) Acknowledgment of Receipt.--Not later than 60 days after
receipt of such a notice, the Secretary shall send to the organization
an acknowledgment of such receipt.
    ``(d) Extension for Reasonable Cause.--The Secretary may, for
reasonable cause, extend the 60-day period described in subsection (a).
    ``(e) User Fee.--The Secretary shall impose a reasonable user fee
for submission of the notice under subsection (a).
    ``(f) Request for Determination.--Upon request by an organization
to be treated as an organization described in section 501(c)(4), the
Secretary may issue a determination with respect to such treatment.
Such request shall be treated for purposes of section 6104 as an
application for exemption from taxation under section 501(a).''.
    (b) Supporting Information With First Return.--Paragraph (1) of
section 6033(f) of such Code is amended--
            (1) by striking the period at the end and inserting ``,
        and'',
            (2) by striking ``include on the return required under
        subsection (a) the information'' and inserting the following:
        ``include on the return required under subsection (a)--
            ``(1) the information'', and
            (3) by adding at the end the following new paragraph:
            ``(2) in the case of the first such return filed by such an
        organization after submitting a notice to the Secretary under
        section 506(a), such information as the Secretary shall by
        regulation require in support of the organization's treatment
        as an organization described in section 501(c)(4).''.
    (c) Failure To File Initial Notification.--Subsection (c) of
section 6652 of such Code is amended by redesignating paragraphs (4)
and (5) as paragraphs (5) and (6), respectively, and by inserting after
paragraph (3) the following new paragraph:
            ``(4) Notices under section 506.--
                    ``(A) Penalty on organization.--In the case of a
                failure to submit a notice required under section
                506(a) (relating to organizations required to notify
                Secretary of intent to operate as 501(c)(4)) on the
                date and in the manner prescribed therefor, there shall
                be paid by the organization failing to so submit $20
                for each day during which such failure continues, but
                the total amount imposed under this subparagraph on any
                organization for failure to submit any one notice shall
                not exceed $5,000.
                    ``(B) Managers.--The Secretary may make written
                demand on an organization subject to penalty under
                subparagraph (A) specifying in such demand a reasonable
                future date by which the notice shall be submitted for
                purposes of this subparagraph. If such notice is not
                submitted on or before such date, there shall be paid
                by the person failing to so submit $20 for each day
                after the expiration of the time specified in the
                written demand during which such failure continues, but
                the total amount imposed under this subparagraph on all
                persons for failure to submit any one notice shall not
                exceed $5,000.''.
    (d) Clerical Amendment.--The table of sections for part I of
subchapter F of chapter 1 of such Code is amended by adding at the end
the following new item:

``Sec. 506. Organizations required to notify Secretary of intent to
                            operate as 501(c)(4).''.
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to organizations which are described in section 501(c)(4)
        of the Internal Revenue Code of 1986 and organized after
        December 31, 2014.
            (2) Certain existing organizations.--In the case of any
        other organization described in section 501(c)(4) of such Code,
        the amendments made by this section shall apply to such
        organization only if, on or before the date of the enactment of
        this Act--
                    (A) such organization has not applied for a written
                determination of recognition as an organization
                described in section 501(c)(4) of such Code, and
                    (B) such organization has not filed at least one
                annual return or notice required under subsection
                (a)(1) or (i) (as the case may be) of section 6033 of
                such Code.
        In the case of any organization to which the amendments made by
        this section apply by reason of the preceding sentence, such
        organization shall submit the notice required by section 506(a)
        of such Code, as added by this Act, not later than 180 days
        after the date of the enactment of this Act.

SEC. 3. DECLARATORY JUDGMENTS FOR 501(C)(4) ORGANIZATIONS.

    (a) In General.--Paragraph (1) of section 7428(a) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (C) and by inserting after subparagraph (D) the following
new subparagraph:
                    ``(E) with respect to the initial classification or
                continuing classification of an organization described
                in section 501(c)(4) which is exempt from tax under
                section 501(a), or''.
    (b) Effective Date.--The amendments made by this section shall
apply to pleadings filed after the date of the enactment of this Act.

SEC. 4. RELEASE OF INFORMATION REGARDING THE STATUS OF CERTAIN
              INVESTIGATIONS.

    (a) In General.--Subsection (e) of section 6103 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(11) Disclosure of information regarding status of
        investigation of violation of this section.--In the case of a
        person who provides to the Secretary information indicating a
        violation of section 7213, 7213A, or 7214 with respect to any
        return or return information of such person, the Secretary may
        disclose to such person (or such person's designee)--
                    ``(A) whether an investigation based on the
                person's provision of such information has been
                initiated and whether it is open or closed,
                    ``(B) whether any such investigation substantiated
                such a violation by any individual, and
                    ``(C) whether any action has been taken with
                respect to such individual (including whether a
                referral has been made for prosecution of such
                individual).''.
    (b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.

SEC. 5. REVIEW OF INTERNAL REVENUE SERVICE EXAMINATION SELECTION
              PROCEDURES.

    (a) In General.--The Comptroller General of the United States shall
conduct a study of each Internal Revenue Service operating division to
assess the process used for determining how enforcement cases are
selected and processed. Such study shall include a review of the
following:
            (1) The standards each such operating division has
        established for enforcement case selection (including any
        automated or discretionary selection processes) and case work,
        and whether such standards meet the objectives of impartiality,
        objectivity, compliance, and minimizing taxpayer burden.
            (2) The extent to which any cases are initiated by
        referrals or complaints from inside or outside of the operating
        division (including from outside of the Internal Revenue
        Service).
            (3) The Internal Revenue Service controls (including
        management reviews and regular updates) for assuring that its
        standards for enforcement cases (and handling of referrals and
        complaints) in each operating division are sufficient for
        achieving the objectives described in paragraph (1).
            (4) The Internal Revenue Service controls (including
        training, monitoring, and quality assessments) for assuring
        that its standards are adhered to by all division personnel and
        the effectiveness of such controls.
            (5) Whether the existing standards and controls provide
        reasonable assurance that each division's enforcement processes
        meet the Internal Revenue Service objectives of impartiality,
        objectivity, compliance, and minimizing taxpayer burden.
    (b) Initial Report.--Not later than 1 year after the date of the
enactment of this section, the Comptroller General shall submit to the
Committee on Ways and Means of the House of Representatives, the
Committee on Finance of the Senate, and the Secretary of the Treasury a
report on the results of such study. Such report shall include such
recommendations as the Comptroller General may deem advisable.
    (c) Follow-Up on Recommendations.--Not later than 180 days after a
report is submitted with respect to an operating division under
subsection (b), the Comptroller General shall conduct a follow-up
study, and submit to the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, and the
Secretary of the Treasury a report, on whether any recommendations to
improve case selection and case work processes have been implemented
and are working as intended.
    (d) Continuing Case Management Studies and Reports.--
            (1) In general.--After a report is submitted under
        subsection (b), the Comptroller General shall conduct follow-up
        studies and reports in the same manner as provided in
        subsections (a) and (b) with respect to each operating division
        of the Internal Revenue Service and shall include in such study
        and report a review of whether any previous recommendations to
        improve case selection and case work processes have been
        implemented and are working as intended.
            (2) Frequency.--Each such report with respect to an
        operating division shall be submitted not later than 4 years
        after the date the most recent report was submitted with
        respect to such operating division under subsection (b) or this
        subsection. The Comptroller General shall submit no fewer than
        1 such report each year.

SEC. 6. IRS EMPLOYEES PROHIBITED FROM USING PERSONAL EMAIL ACCOUNTS FOR
              OFFICIAL BUSINESS.

    No officer or employee of the Internal Revenue Service may use a
personal email account to conduct any official business of the
Government.

Summary: Exempt Organization Simplification and Taxpayer Protection Act of 2013 - Amends the Internal Revenue Code to: (1) require an organization that intends to operate as a tax-exempt social welfare organization to notify the Secretary of the Treasury of such intent with information as to its identity and purpose, (2) allow such an organization to seek a declaratory judgment concerning its status and classification as a tax-exempt organization, and (3) authorize the Secretary to disclose information for investigations of violations of internal revenue laws relating to unauthorized disclosure or inspection of tax information and unlawful acts of revenue officers or agents. Directs the Comptroller General (GAO) to study and report on the process used for determining how Internal Revenue Service (IRS) enforcement cases are selected and processed. Prohibits any IRS officer or employee from using a personal email account to conduct official business.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 2003''.

SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Amendments Relating to the Group Market.--
            (1) Prohibition of health discrimination on the basis of
        genetic information in the group market.--
                    (A) No enrollment restriction for genetic
                services.--Section 2702(a)(1)(F) of the Public Health
                Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by
                inserting before the period the following: ``(including
                information about a request for or receipt of genetic
                services)''.
                    (B) No discrimination in premiums based on
                predictive genetic information.--Subpart 2 of part A of
                title XXVII of the Public Health Service Act (42 U.S.C.
                300gg-4 et seq.) is amended by adding at the end the
                following new section:

``SEC. 2707. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE
              BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP
              MARKET.

    ``A group health plan, or a health insurance issuer offering group
health insurance coverage in connection with a group health plan shall
not adjust premium or contribution amounts for a group on the basis of
predictive genetic information concerning any individual (including a
dependent) or family member of the individual (including information
about a request for or receipt of genetic services).''.
                    (C) Conforming amendment.--Section 2702(b) of the
                Public Health Service Act (42 U.S.C. 300gg-1(b)) is
                amended by adding at the end the following:
            ``(3) Reference to related provision.--For a provision
        prohibiting the adjustment of premium or contribution amounts
        for a group under a group health plan on the basis of
        predictive genetic information (including information about a
        request for or receipt of genetic services), see section
        2707.''.
            (2) Definitions.--Section 2791(d) of the Public Health
        Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the
        end the following:
            ``(15) Family member.--The term `family member' means, with
        respect to an individual--
                    ``(A) the spouse of the individual;
                    ``(B) a dependent child of the individual; and
                    ``(C) all other individuals related by blood to the
                individual or the spouse or child described in
                subparagraph (A) or (B).
            ``(16) Genetic services.--The term `genetic services' means
        health services for an individual provided to interpret and
        assess predictive genetic information for diagnostic or
        therapeutic purposes as well as to counsel individuals
        regarding the use of specific predictive genetic information.
            ``(17) Predictive genetic information.--
                    ``(A) In general.--The term `predictive genetic
                information' means individually identifiable
                information which identifies the presence, absence,
                variation, alteration, or modification of a human gene
                or genes that--
                            ``(i) are scientifically or medically
                        identifiable; and
                            ``(ii) are--
                                    ``(I) known to be a primary cause
                                of a disease, disorder, or syndrome in
                                a person, or associated with a
                                significantly increased statistical
                                risk of development of a disease,
                                disorder, or syndrome in a person, but
                                which have not resulted in signs in the
                                person that would otherwise permit
                                diagnosis of the disease, disorder, or
                                syndrome; or
                                    ``(II) associated with an increased
                                statistical risk of a person having
                                offspring with a disease, disorder, or
                                syndrome.
                    ``(B) Limitations.--The term `predictive genetic
                information' does not include--
                            ``(i) information from which individual
                        identifiers are removed, encoded, or encrypted
                        to prevent disclosure of the individual's
                        identity;
                            ``(ii) information for research conducted
                        in compliance with the regulations and
                        protections provided for under parts 50 and 56
                        of title 21 and under part 46 of title 45, Code
                        of Federal Regulations; or
                            ``(iii) information related to a manifested
                        disease, disorder, impairment, or condition
                        which could be reasonably detected by a health
                        care professional with appropriate training and
                        expertise in the field of medicine involved.
            ``(18) Predictive genetic test.--The term `predictive
        genetic test' means a laboratory test on a biological sample of
        a person performed solely to obtain predictive genetic
        information.''.
    (b) Amendments Relating to the Individual Market.--The first
subpart 3 of part B of title XXVII of the Public Health Service Act (42
U.S.C. 300gg-51 et seq.) (relating to other requirements) is amended by
adding at the end the following:

``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF
              PREDICTIVE GENETIC INFORMATION.

    ``(a) Prohibition on Predictive Genetic Information as a Condition
of Eligibility.--A health insurance issuer offering health insurance
coverage in the individual market may not use predictive genetic
information as a condition of eligibility of an individual to enroll in
individual health insurance coverage (including information about a
request for or receipt of genetic services).
    ``(b) Prohibition on Predictive Genetic Information in Setting
Premium Rates.--A health insurance issuer offering health insurance
coverage in the individual market shall not adjust premium rates for
individuals on the basis of predictive genetic information concerning
such an individual (including a dependent) or a family member of the
individual (including information about a request for or receipt of
genetic services).''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to--
            (1) group health plans, and health insurance coverage
        offered in connection with group health plans, for plan years
        beginning after 1 year after the date of enactment of this Act;
        and
            (2) health insurance coverage offered, sold, issued,
        renewed, in effect, or operated in the individual market after
        1 year after the date of enactment of this Act.

Summary: Genetic Privacy and Nondiscrimination Act of 2003 - Amends the Public Health Service Act to prohibit a group or individual health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts on the basis of predictive genetic information about an individual or family member of such individual.

To amend the Public Health Service Act to prohibit health discrimination against individuals and their family members on the basis of genetic information, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Nurse Act of 2011''.

SEC. 2. NATIONAL NURSE FOR PUBLIC HEALTH.

    Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following:

``SEC. 1711. NATIONAL NURSE FOR PUBLIC HEALTH.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the Office
        of the Surgeon General a full-time position, to be filled by
        registered nurse to be known as the National Nurse for Public
        Health.
            ``(2) Procedure.--Except for the initial appointment of the
        National Nurse for Public Health under paragraph (3), the
        Secretary shall appoint the National Nurse for Public Health in
        accordance with Commissioned Corps Instruction CC23.4.6
        (relating to Chief Professional Officer Nominations), as in
        effect on February 13, 2008.
            ``(3) Initial appointment.--Not later than 30 days after
        the date of enactment of this section, the Secretary shall
        appoint the individual serving as the Chief Nurse Officer of
        the Public Health Service as of the date of the enactment of
        this section as the first National Nurse for Public Health.
    ``(b) Rank and Grade.--The National Nurse for Public Health shall
have the same rank and grade as the Deputy Surgeon General of the
Public Health Service.
    ``(c) Duties.--The National Nurse for Public Health shall carry out
the following:
            ``(1) Provide leadership and coordination of Public Health
        Service nursing professional affairs for the Office of the
        Surgeon General and other agencies of the Public Health
        Service, including providing representation for the Government
        of the United States at the Global Forum for Government Chief
        Nursing and Midwifery Officers and serving as a member of the
        Federal Nursing Service Council.
            ``(2) Represent the Surgeon General and the agencies of
        Public Health Service in communications with groups and
        societies concerned with nursing issues at the local, State,
        national, and international levels.
            ``(3) Provide guidance and advice to the Surgeon General
        and the Nurse Professional Advisory Committee on matters such
        as standards, recruitment, retention, readiness, and career
        development of nurses employed by and contracted with agencies
        of the Public Health Service.
            ``(4) Conduct media campaigns and make personal appearances
        for purposes of paragraphs (5) through (7).
            ``(5) Provide guidance and leadership for activities to
        promote the public health, including encouraging nurses and
        other health professionals to be volunteers and developing
        projects that educate the public about and engage the public in
        prevention practices to achieve better health.
            ``(6) Provide guidance and leadership to encourage nurses
        to engage in furthering their education in order to conduct
        nursing research, increase the awareness of evidence-based
        practice, and educate future nurses.
            ``(7) Provide guidance and leadership for activities that
        will increase public safety and emergency preparedness.
    ``(d) National Health Priorities--Healthy People 2020.--
            ``(1) In general.--The National Nurse for Public Health, in
        cooperation with the Surgeon General of the Public Health
        Service, heads of the agencies of the Public Health Service,
        States, and organizations that represent health professionals,
        shall participate in the identification of national health
        priorities.
            ``(2) Addressing national health priorities.--The National
        Nurse for Public Health, in addressing national health
        priorities, shall encourage volunteerism of nurses and other
        individuals, and strengthen the relationship between Government
        agencies and health-related national organizations.
            ``(3) Community-based projects.--
                    ``(A) Implementation.--In addressing national
                health priorities, the National Nurse for Public Health
                shall--
                            ``(i) provide guidance and coordination on
                        recommended activities to organizations;
                            ``(ii) acknowledge successful programs and
                        encourage their replication;
                            ``(iii) promote the dissemination of
                        evidence-based practice in educating the public
                        on health promotion and disease prevention
                        activities;
                            ``(iv) encourage practicing nurses and
                        other health professionals, including retired
                        health professionals and students enrolled in
                        health professional programs, to participate in
                        health promotion activities and replicate
                        successful health promotion activities; and
                            ``(v) monitor activities being conducted
                        through the collection and evaluation of data
                        to determine if national health priorities are
                        being addressed.
                    ``(B) Media campaigns.--The National Nurse for
                Public Health shall ensure that media campaigns
                conducted under subsection (c)(4) include media
                campaigns regarding the national health priorities.
                    ``(C) Evaluations.--The National Nurse for Public
                Health shall, directly or through awards of grants or
                contracts, evaluate the activities encouraged by the
                National Nurse for Public Health and conducted by
                community-based, nonprofit organizations to determine
                the extent to which such activities have succeeded in
                carrying out national health priorities.
                    ``(D) Dissemination of information.--The National
                Nurse for Public Health shall disseminate information
                to governmental agencies, schools, and community-based,
                nonprofit organizations interested in health promotion
                and improving public health through community action.
    ``(e) Authorization of Appropriations.--For carrying out this
section, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2012 through 2016.''.

Summary: National Nurse Act of 2011 - Amends the Public Health Service Act to establish the position of National Nurse for Public Health within the Office of the Surgeon General. Includes among the duties of such position providing leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, conducting media campaigns, and providing guidance and leadership for activities that will increase public safety and emergency preparedness. Requires the National Nurse for Public Health to: (1) participate in identification of national health priorities, (2) encourage volunteerism of nurses and strengthen the relationship between government agencies and health-related national organizations, and (3) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities.

To amend the Public Health Service Act to establish the position of National Nurse for Public Health.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Liability Reform Act''.

SEC. 2. HEALTH CARE LIABILITY REFORM.

    (a) Punitive Damages.--
            (1) Award.--Punitive damages may, to the extent permitted
        by applicable State law, be awarded against a manufacturer or
        product seller in a civil action if the claimant establishes by
        clear and convincing evidence that the harm suffered was the
        result of conduct manifesting actual malice.
            (2) Drugs and devices.--The manufacturer of a prescription
        drug or device and a health care provider shall not be subject
        to punitive damages with respect to harm caused by a drug or
        device if the drug or device was approved under the Federal
        Food, Drug, and Cosmetic Act unless--
                    (A) the manufacturer withholds from the Food and
                Drug Administration, or
                    (B) the health care provider withholds from a
                patient,
        information which is relevant to the performance of the drug or
        device and causally related to the harm suffered by the
        plaintiff.
            (3) Limitation on amount.--The amount of punitive damages
        that may be awarded for a claim in any civil action shall not
        exceed 3 times the amount awarded to the claimant for the
        economic injury on which such claim is based, or $250,000,
        whichever is greater.
    (b) Several Liability for Noneconomic Damages.--In any action, the
liability of each manufacturer or product seller of the product
involved in such action shall be several only and shall not be joint
for noneconomic damages. Such manufacturer or product seller shall be
liable only for the amount of noneconomic damages allocated to such
manufacturer or seller in direct proportion to such manufacturer's or
such seller's percentage of responsibility as determined by the trier
of fact.
    (c) Definitions.--As used in this section:
            (1) Claimant.--The term ``claimant'' means any person who
        brings a product liability action and any person on whose
        behalf such an action is brought, including such person's
        decedent if such an action is brought through or on behalf of
        an estate or such person's legal representative if it is
        brought through or on behalf of a minor or incompetent.
            (2) Malice.--The term ``malice'' means conduct that is
        either--
                    (A) specifically intended to cause serious personal
                injury, or
                    (B) carried out with both a flagrant indifference
                to the rights of the claimant and an awareness that
                such conduct is likely to result in serious personal
                injury.
            (3) Manufacturer.--With respect to a product, the term
        ``manufacturer'' means--
                    (A) any person who is engaged in a business to
                produce, create, make, or construct the product and who
                designs or formulates the product or has engaged
                another person to design or formulate the product,
                    (B) a product seller of the product who, before
                placing the product in the stream of commerce--
                            (i) designs or formulates or has engaged
                        another person to design or formulate an aspect
                        of the product after the product was initially
                        made by another, and
                            (ii) produces, creates, makes, or
                        constructs such aspect of the product, or
                    (C) any product seller not described in
                subparagraph (B) which holds itself out as a
                manufacturer to the user of the product,
            (4) Product.--The term ``product''--
                    (A) means any object, substance, mixture, or raw
                material in a gaseous, liquid, or solid state--
                            (i) which is capable of delivery itself, in
                        a mixed or combined state, or as a component
                        part or ingredient,
                            (ii) which is produced for introduction
                        into trade or commerce,
                            (iii) which has intrinsic economic value,
                        and
                            (iv) which is intended for sale or lease to
                        persons for commercial or personal use, and
                    (B) does not include--
                            (i) human tissue, human organs, human
                        blood, and human blood products, or
                            (ii) electricity, water delivered by a
                        utility, natural gas, or steam,
            (5) Product seller.--The term ``product seller''--
                    (A) means a person--
                            (i) who sells, distributes, leases,
                        prepares, blends, packages, or labels a product
                        or is otherwise involved in placing a product
                        in the stream of commerce, or
                            (ii) who installs, repairs, or maintains
                        the harm-causing aspect of a product, and
                    (B) does not include--
                            (i) a manufacturer,
                            (ii) a seller or lessor of real property,
                            (iii) a provider of professional services
                        in any case in which the sale or use of a
                        product is incidental to the transaction and
                        the essence of the transaction is the
                        furnishing of judgment, skill, or services,
                            (iv) any person who acts only in a
                        financial capacity with respect to the sale of
                        a product, or
                            (v) any person who leases a product under a
                        lease arrangement in which the selection,
                        possession, maintenance, and operation of the
                        product are controlled by a person other than
                        the lessor.

SEC. 3. PREEMPTION.

    This Act preempts State law, with respect to both procedural and
substantive measures, to the extent that such law--
            (1) permits the recovery of a greater amount of punitive
        damages by a plaintiff than that authorized by section 2(a)(3);
        or
            (2) permits an action for joint liability for noneconomic
        damages against a manufacturer or product seller of a product
        involved in the action, which action is prohibited by section
        2(b).
Any issue that is not governed by this Act shall be governed by
otherwise applicable State or Federal law.

Summary: Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration. Or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff.

Health Care Liability Reform Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Wellness for Individuals
with Disabilities Act of 2006''.

SEC. 2. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL DIAGNOSTIC
              EQUIPMENT.

    Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.)
is amended by adding at the end of the following:

``SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL
              DIAGNOSTIC EQUIPMENT.

    ``(a) Standards.--Not later than 9 months after the date of
enactment of the Promoting Wellness for Individuals with Disabilities
Act of 2006, the Architectural and Transportation Barriers Compliance
Board shall issue (including publishing) standards setting forth the
minimum technical criteria for medical diagnostic equipment used in (or
in conjunction with) physician's offices, clinics, emergency rooms,
hospitals, and other medical settings. The standards shall ensure that
such equipment is accessible to, and usable by, individuals with
disabilities, and shall allow independent entry to, use of, and exit
from the equipment by such individuals to the maximum extent possible.
    ``(b) Medical Diagnostic Equipment Covered.--The standards issued
under subsection (a) for medical diagnostic equipment shall apply to
equipment that includes examination tables, examination chairs
(including chairs used for eye examinations or procedures, and dental
examinations or procedures), weight scales, mammography equipment, x-
ray machines, and other radiological equipment commonly used for
diagnostic purposes by health professionals.
    ``(c) Review and Amendment.--The Architectural and Transportation
Barriers Compliance Board shall periodically review and, as
appropriate, amend the standards.''.

SEC. 3. WELLNESS GRANT PROGRAM FOR INDIVIDUALS WITH DISABILITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:

``SEC. 399P. ESTABLISHMENT OF WELLNESS GRANT PROGRAM FOR INDIVIDUALS
              WITH DISABILITIES.

    ``(a) In General.--
            ``(1) Individual with a disability defined.--For purposes
        of this section, the term `individual with a disability' has
        the meaning given the term in section 7(20) of the
        Rehabilitation Act of 1973 (29 U.S.C. 705(20)), for purposes of
        title V of such Act (29 U.S.C. 791 et seq.).
            ``(2) Wellness grant program for individuals with
        disabilities.--The Secretary, in collaboration with the
        National Advisory Committee on Wellness for Individuals With
        Disabilities, may make grants on a competitive basis to public
        and nonprofit private entities for the purpose of carrying out
        programs for promoting good health, disease prevention, and
        wellness for individuals with disabilities, and preventing
        secondary conditions in such individuals.
    ``(b) Requirement of Application.--To be eligible to receive a
grant under subsection (a), a public or nonprofit private entity shall
submit to the Secretary an application at such time, in such manner,
and containing such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
    ``(c) Authorized Activities.--With respect to promoting good health
and wellness for individuals with disabilities described in subsection
(a), activities for which the Secretary may make a grant under such
subsection include--
            ``(1) programs or activities for smoking cessation, weight
        control, nutrition, or fitness that focus on the unique
        challenges faced by individuals with disabilities regarding
        these issues;
            ``(2) preventive health screening programs for individuals
        with disabilities to reduce the incidence of secondary
        conditions; and
            ``(3) athletic, exercise, or sports programs that provide
        individuals with disabilities (including children with
        disabilities) an opportunity to increase their physical
        activity in a dedicated or adaptive recreational environment.
    ``(d) Priorities.--
            ``(1) Advisory committee.--The Secretary shall establish a
        National Advisory Committee on Wellness for Individuals With
        Disabilities that shall set priorities to carry out this
        section, review grant proposals, and make recommendations for
        funding, and annually evaluate the progress of the program
        under this section in implementing the priorities.
            ``(2) Representation.--The Advisory Committee established
        under paragraph (1) shall include representation by the
        Department of Health and Human Services Office on Disability,
        the United States Surgeon General or his designee, the Centers
        for Disease Control and Prevention, private nonprofit
        organizations that represent the civil rights and interests of
        individuals with disabilities, and individuals with
        disabilities or their family members.
    ``(e) Dissemination of Information.--The Secretary shall, in
addition to the usual methods of the Secretary, disseminate information
about the availability of grants under the Wellness Grant Program for
Individuals with Disabilities in a manner designed to reach public
entities and nonprofit private organizations that are dedicated to
providing outreach, advocacy, or independent living services to
individuals with disabilities.
    ``(f) Reports to Congress.--The Secretary shall, not later than 180
days after the date of the enactment of the Promoting Wellness for
Individuals with Disabilities Act of 2006, and annually thereafter,
submit to Congress a report summarizing activities, findings, outcomes,
and recommendations resulting from the grant projects funded under this
section during the preceding fiscal year.
    ``(g) Authorization of Appropriations.--For the purpose of making
grants under this section, there are authorized to be appropriated such
sums as may be necessary.''.

SEC. 4. IMPROVING EDUCATION AND TRAINING TO PROVIDE MEDICAL SERVICES TO
              INDIVIDUALS WITH DISABILITIES.

    (a) Coordinated Program To Improve Pediatric Oral Health.--Section
320A(b) of the Public Health Service Act (42 U.S.C. 247d-8(b)) is
amended by--
            (1) striking ``, or to increase'' and inserting ``, to
        increase''; and
            (2) striking the period and inserting the following ``, or
        to provide training to improve competency and clinical skills
        in providing oral health services to, and communicating with,
        patients with disabilities, including those with intellectual
        disabilities.''.
    (b) Children's Hospitals That Operate Graduate Medical Education
Programs.--Section 340E of the Public Health Service Act (42 U.S.C.
256e) is amended by adding at the end the following:
    ``(h) Requirement To Provide Training.--To be eligible to receive a
payment under this section, a children's hospital shall provide
training to improve competency and clinical skills in providing health
care to, and communicating with, patients with disabilities, including
those with intellectual disabilities, as part of any approved graduate
medical residency training program provided by the hospital.''.
    (c) Centers of Excellence.--Section 736(b) of the Public Health
Service Act (42 U.S.C. 293(b)) is amended--
            (1) in paragraph (6)(B), by striking ``; and'' and
        inserting a semicolon;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following:
            ``(7) to carry out a program to improve competency and
        clinical skills of students in providing health services to,
        and communicating with, patients with disabilities, including
        those with intellectual disabilities; and''.
    (d) Family Medicine, General Internal Medicine, General Pediatrics,
General Dentistry, Pediatric Dentistry, and Physician Assistants.--
Section 747(a)(6) of the Public Health Service Act (42 U.S.C.
293k(a)(6)) is amended by striking ``pediatric dentistry.'' and
inserting the following: ``pediatric dentistry; and
            ``(7) to plan, develop, and operate a program for the
        training of physicians or dentists, or medical or dental
        residents, to improve competency and clinical skills of
        physicians and dentists in providing services to, and
        communicating with, patients with disabilities, including those
        with intellectual disabilities.''.
    (e) Advisory Council on Graduate Medical Education.--Section
762(a)(1) of the Public Health Service Act (42 U.S.C. 294o(a)(1)) is
amended--
            (1) in subparagraph (E), by striking ``; and'' and
        inserting a semicolon;
            (2) by adding at the end the following:
                    ``(G) appropriate efforts to be carried out by
                hospitals, schools of medicine, schools of osteopathic
                medicine, schools of dentistry, and accrediting bodies
                with respect to changes in undergraduate and graduate
                medical training to improve competency and clinical
                skills of physicians in providing health care services
                to, and communicating with, patients with disabilities,
                including those with intellectual disabilities; and''.
    (f) Medicare Graduate Medical Education Programs.--Section 1886(h)
of the Social Security Act (42 U.S.C. 1395ww(h)) is amended by adding
at the end the following:
            ``(8) Requirement to provide training.--To be eligible to
        receive a payment under this subsection, a hospital shall
        provide training to improve competency and clinical skills in
        providing health care to, and communicating with, patients with
        disabilities, including those with intellectual disabilities,
        as part of any approved medical residency training program
        provided by the hospital.''.
    (g) Effective Date.--The amendments made by subsections (b), (c),
and (f) shall take effect 180 days after the date of enactment of this
Act.

Summary: Promoting Wellness for Individuals with Disabilities Act of 2006 - Amends the Rehabilitation Act of 1973 to require the Architectural and Transportation Barriers Compliance Board to issue and periodically review standards setting forth the minimum technical criteria for medical diagnostic equipment used in medical settings, to ensure that such equipment: (1) is accessible to and usable by individuals with disabilities. And (2) allows independent entry to, use of, and exit from the equipment by such individuals to the maximum extent possible. Applies such standards to examination tables and chairs, weight scales, mammography equipment, x-ray machines, and other radiological equipment commonly used for diagnostic purposes by health professionals. Amends the Public Health Service Act to allow the Secretary of Health and Human Services to make grants for programs to promote good health, disease prevention, and wellness for individuals with disabilities and prevent secondary conditions in such individuals. Requires the Secretary to establish a National Advisory Committee on Wellness for Individuals With Disabilities to set priorities to carry out such programs, review grant proposals, make recommendations for funding, and annually evaluate the progress of such programs in implementing the priorities. Provides for training programs to improve competency and clinical skills for providing health care and communicating with patients with disabilities.

A bill to amend the Rehabilitation Act of 1973 and the Public Health Service Act to set standards for medical diagnostic equipment and to establish a program for promoting good health, disease prevention, and wellness and for the prevention of secondary conditions for individuals with disabilities, and for other purposes.