SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Supply Chain Management and
Transparency Act of 2014''.

SEC. 2. SOFTWARE, FIRMWARE, OR PRODUCT WITH KNOWN SECURITY
              VULNERABILITIES OR DEFECTS.

    (a) OMB Guidelines Required.--
            (1) Clauses required in software, firmware, or product
        contracts for software, firmware, or product created with a
        binary component.--Not later than 180 days after the date of
        the enactment of this Act, the Director of the Office of
        Management and Budget, in consultation with the Secretary of
        Defense, the Secretary of Homeland Security, and any other
        intelligence or national security agency the Director
        determines to be necessary, shall issue guidelines for each
        agency that require including the following clauses in any
        contract for the acquisition of software, firmware, or product
        that contains a binary component:
                    (A) Component list.--A clause that requires the
                inclusion of a comprehensive and confidentially
                supplied list, or a bill of materials, of each binary
                component of the software, firmware, or product that is
                used in the software, firmware, or product.
                    (B) Verification required.--A clause that requires
                the contractor providing the software, firmware, or
                product--
                            (i) to verify that the software, firmware,
                        or product does not contain any known security
                        vulnerabilities or defects that are listed in
                        the National Institute of Standards and
                        Technology National Vulnerability Database and
                        any additional database selected by the
                        Director of the Office of Management and Budget
                        (that is credible and similar to the National
                        Vulnerability Database) that tracks security
                        vulnerabilities and defects in a binary
                        component, and that is necessary to capture a
                        wider list of binary components (with known
                        security vulnerabilities or defects and for
                        which a less vulnerable alternative is
                        available); and
                            (ii) to notify the purchasing agency of any
                        known security vulnerabilities or defects
                        discovered through the verification required
                        under clause (i).
                    (C) Waiver.--A clause that requires--
                            (i) a contractor to submit a written
                        application, and obtain a waiver, for each
                        binary component that is known to be vulnerable
                        from the head of the purchasing agency; and
                            (ii) if the head of the purchasing agency
                        approves the waiver, such head shall provide
                        the contractor with a written statement that
                        the agency accepts all of the risk associated
                        with the use of such binary component.
                    (D) Updates.--A clause that requires such software,
                firmware, or product to be written or designed in a
                manner that allows for any future security
                vulnerability or defect in any part of the software,
                firmware, or product to be easily patched, updated, or
                replaced to fix the vulnerability or defect in the
                software, firmware, or product.
                    (E) Timely repair.--A clause that requires the
                contractor to provide a repair in a timely manner with
                regard to any new security vulnerability discovered
                through any of the databases described in subparagraph
                (B).
            (2) Disclosure of security vulnerability or defect.--Not
        later than 180 days after the date of the enactment of this
        Act, the Director of the Office of Management and Budget shall
        issue guidelines for each agency with respect to any software,
        firmware, or product in use by the United States Government
        that contains a binary component that requires each agency to
        have a process--
                    (A) to replace any currently known vulnerable
                binary component; and
                    (B) to remove and repair any new vulnerable binary
                component after such component becomes known pursuant
                to paragraph (1)(B).
            (3) Agency guidelines.--
                    (A) Software, firmware, or product that can not be
                fixed or patched.--Not later than 220 days after the
                date of the enactment of this Act, the Director of the
                Office of Management and Budget shall issue guidelines
                for each agency with respect to any software, firmware,
                or product that contains a known vulnerable binary
                component--
                            (i) that can not be fixed, patched, or
                        updated; and
                            (ii) that requires such component, to
                        migrate to patchable, repairable, and fixable
                        products.
                    (B) Inventory of existing software, firmware, or
                product with a known vulnerable binary component.--Not
                later than 20 months after the date of the enactment of
                this Act, the Director of the Office of Budget of
                Management shall instruct each agency to provide the
                relevant office in the Department of Homeland Security
                with a list of each known vulnerable binary in any
                software, firmware or product in use by each agency.
                    (C) Analysis of project integrity and annual
                report.--Not later than twelve months after all lists
                described in subparagraph (B) are provided to the
                Department of Homeland Security, the Secretary of
                Homeland Security shall issue an annual confidential
                report describing the security vulnerabilities of the
                projects that created any known vulnerable binary
                component in any list described in subparagraph (B) and
                through the verification required under paragraph
                (1)(B). The report shall assess the integrity of binary
                component suppliers for the incidence of security
                vulnerabilities, the severity, the mean time to
                remediate such vulnerabilities that can be applied to
                assess the security of binary projects and suppliers,
                for use by other agencies.
    (b) Report on Removal of Binary Component With Known Security
Vulnerability or Defect.--Not later than 30 months after the date of
the enactment of this Act, the head of each agency shall submit to each
relevant Committee of jurisdiction in the House of Representatives and
the Senate a report on the completion of the removal of each binary
component with known security vulnerabilities or defects in the agency
and shall include a classified version of this report for the Permanent
Select Committee on Intelligence and the Committees on Armed Services,
Foreign Affairs, and Homeland Security of the House of Representatives
and the Select Committee on Intelligence and the Committees on Armed
Services, Foreign Affairs, and Homeland Security and Governmental
Affairs of the Senate. The report shall also detail the policies,
procedures, and processes by which a newly discovered vulnerable binary
component is replaced in software, firmware, and products in use by the
United States Government.
    (c) Other Entities of the United States Government.--Any other
entity of the United States Government--
            (1) shall replace any vulnerable binary component with
        another less vulnerable alternative in any software, firmware,
        or product in use by the entity; and
            (2) shall begin such replacement process with critical
        systems.
    (d) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given that
        term in section 551(1) of title 5, United States Code.
            (2) Binary component.--The term ``binary component'' means
        a third party or open source component.

Summary: Cyber Supply Chain Management and Transparency Act of 2014 - Requires the Office of Management and Budget (OMB) to issue guidelines for agencies that contract to acquire software, firmware, or products containing a third party or open source binary component. Requires binary component contracts to include clauses requiring: a confidentially supplied list, or a bill of materials, of each binary component that is used in the software, firmware, or product. The contractor to verify that products do not contain known security vulnerabilities and to notify the purchasing agency of any known vulnerabilities or defects. The contractor to obtain a waiver from the purchasing agency for components known to be vulnerable. An agency approving a vulnerability waiver to accept all risk associated with component use, product designs to allow fixes with patches, updates, or replacements. And the contractor to provide timely repairs for discovered vulnerabilities. Directs the OMB to issue guidance requiring agencies: (1) to replace components with currently known vulnerabilities and to remove or repair any new vulnerable components that become known. And (2) to migrate to patchable, repairable, and fixable products. Requires agencies to provide the Department of Homeland Security (DHS) with a list of each known vulnerable component in any product in use by the agencies. Directs DHS to issue an annual confidential report describing the security vulnerabilities of projects that created any known vulnerable component. Requires the report to assess the integrity of component suppliers for the incidence of security vulnerabilities for use by other agencies. Requires agencies, within 30 months after enactment of this Act, to report to Congress regarding the completion of the removal of each known vulnerable or defective component. Directs other entities of the US government to replace vulnerable components with less vulnerable alternatives.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Protection
Encouragement Act of 1993''.

SEC. 2. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL PROPERTY.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding after section 179A
the following new section:

``SEC. 179. ELECTION TO EXPENSE CERTAIN ENVIRONMENTAL IMPROVEMENT
              PROPERTY.

    ``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any environmental improvement property as an expense which is
not chargeable to capital account. Any cost so treated shall be allowed
as a deduction for the taxable year in which the environmental
improvement property is placed in service.
    ``(b) Environmental Improvement Property.--For purposes of this
subsection--
            ``(1) In general.--The term `environmental improvement
        property' means tangible property which is acquired by purchase
        for use in the active conduct of a trade or business and which
        is--
                    ``(A) of a character subject to the allowance for
                depreciation provided in section 167,
                    ``(B) used for one or more of the following
                purposes--
                            ``(i) source reduction,
                            ``(ii) solid waste minimization,
                            ``(iii) waste conversion or recycling,
                            ``(iv) reduction of environmental hazards,
                            ``(v) compliance with environmental
                        permits, rules, and similar requirements,
                            ``(vi) prevention, containment, or control
                        of unplanned releases, or
                            ``(vii) the manufacture, distribution, and
                        sale of alternate fuels and blending stocks or
                        fuel additives for reformulated fuels, and
                    ``(C) located and used exclusively in the United
                States during the taxable year.
        If only a portion of property described in subparagraphs (A)
        and (C) is described in subparagraph (B), such portion shall be
        treated as environmental improvement property. For purposes of
        this paragraph, the term `United States' has the meaning given
        such term by paragraph (1) of section 638 (relating to
        continental shelf areas).
            ``(2) Other definitions.--For purposes of this subsection--
                    ``(A) Source reduction.--The term `source
                reduction' means reduction of the amount of regulated
                substances or other pollutants from fixed or mobile
                sources released into the environment if such reduction
                reduces hazards to public health or environment.
                    ``(B) Solid waste minimization.--The term `solid
                waste minimization' means the reduction in the
                generation of, or the recovery of commercially usable
                products from, residual materials which are classified
                as, or which if disposed would be classified as, solid
                wastes (within the meaning of the Resource Conservation
                and Recovery Act).
                    ``(C) Waste conversion or recycling.--The term
                `waste conversion or recycling' means the processing or
                conversion of liquid, solid, or gaseous wastes into
                fuel, energy, or other commercially usable products,
                and the production of such products if production
                occurs at the same facility as the conversion.
                    ``(D) Abatement of environmental hazards.--The term
                `abatement of environmental hazards' includes the
                abatement, reduction, monitoring, or stabilization of
                potential human exposure to toxic chemicals, hazardous
                or extremely hazardous substances, or harmful
                radiation.
                    ``(E) Unplanned releases.--The term `unplanned
                releases' means any release of regulated substances
                (except federally permitted releases), including indoor
                releases.
                    ``(F) Regulated substance.--The term `regulated
                substance' includes any substance the release or
                emission of which is prohibited, limited, or regulated
                by Federal or State law or by Federal regulations (as
                determined without regard to whether a particular
                release would have been prohibited or limited).
                    ``(G) Release.--The term `release' means any
                spilling, leaking, pouring, discharging, escaping,
                dumping, or disposing into the environment, including
                the abandonment or discarding of barrels or other
                closed receptacles.
    ``(c) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Purchase.--The term `purchase' has the meaning given
        such term by section 179(d)(2).
            ``(2) Cost.--The cost of property shall not include so much
        of the basis of the property as is determined by reference to
        the basis of other property held at any time by the person
        acquiring the property.
            ``(3) Coordination with other provisions.--This section
        shall not apply with respect to any property with respect to
        which an election under section 169 or 179 applies.''
    (b) Conforming Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding after the
item relating to section 179A the following new item:

                              ``Sec. 179B. Election to expense certain
                                        environmental improvement
                                        property.''.
    (c) Effective Date.--The amendments made by this section applies to
property placed in service in taxable years beginning after December
31, 1993.

Summary: Environmental Protection Encouragement Act of 1993 - Amends the Internal Revenue Code to allow the expensing of the cost of environmental improvement property.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring the Taxpayer a Fair Return
for Federal Onshore Oil and Gas Resources Act of 2015''.

SEC. 2. ADJUSTMENT OF MINIMUM BIDS AND ANNUAL RENTALS FOR OIL AND GAS
              AND TAR SANDS LEASES TO REFLECT INFLATION.

    (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended--
            (1) in subsection (b)(1)(B), by striking ``$2 per acre''
        and inserting ``$4 per acre'';
            (2) in subsection (b)(2)(C), by striking ``$2 per acre''
        and inserting ``$5 per acre'';
            (3) in subsection (d)--
                    (A) by striking ``$1.50 per acre'' and inserting
                ``$3 per acre''; and
                    (B) by striking ``$2 per acre'' and inserting ``$4
                per acre''; and
            (4) by adding at the end the following:
    ``(q) Inflation Adjustment.--
            ``(1) In general.--The Secretary shall--
                    ``(A) by regulation, at least once every 4 years,
                adjust each of the dollar amounts that applies under
                subsections (b)(1)(B), (b)(2)(C), and (d) by the cost-
                of-living adjustment; and
                    ``(B) publish each such regulation in the Federal
                Register.
            ``(2) Definitions.--In this subsection:
                    ``(A) Cost-of-living adjustment.--The term `cost-
                of-living adjustment' means the percentage (if any) for
                a dollar amount by which--
                            ``(i) the Consumer Price Index for the
                        month of June of the calendar year preceding
                        the adjustment, exceeds
                            ``(ii) the Consumer Price Index for the
                        month of June of the calendar year in which the
                        dollar amount was last set or adjusted pursuant
                        to law.
                    ``(B) Consumer price index.--The term `Consumer
                Price Index' means the Consumer Price Index for all
                urban consumers published by the Department of
                Labor.''.
    (b) Conforming Amendment.--Section 17(b)(1)(B) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(B)) is amended beginning in the first
sentence by striking ``for a period'' and all that follows through
``Thereafter, the'' and inserting ``. The''.

SEC. 3. AMENDMENT OF ROYALTY RATES.

    (a) Royalty Rates.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is amended--
            (1) by striking ``12.5'' each place such term appears and
        inserting ``18.75''; and
            (2) by striking ``12\1/2\'' each place such term appears
        and inserting ``18.75''.
    (b) Application.--The amendments made by subsection (a) shall apply
only to new leases issued on or after the date of enactment of this
Act.

SEC. 4. ON-SHORE FEDERAL OIL AND GAS ROYALTY SHARING.

    (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C.
191) is amended--
            (1) by striking ``Sec. 35. (a)'' and all that follows
        through ``50 per centum thereof'' and inserting the following:

``SEC. 35. ON-SHORE OIL AND GAS ROYALTY SHARING.

    ``(a) Royalty Sharing.--
            ``(1) In general.--Of the amounts received by the United
        States from sales, bonuses, and royalties, including interest
        charges collected under the Federal Oil and Gas Royalty
        Management Act of 1982, and from rentals of the public lands in
        Alaska under the provisions of this Act and the Geothermal
        Steam Act of 1970--
                    ``(A) 33.33 percent shall be used as described in
                paragraph (2); and
                    ``(B) the remainder shall be used as described in
                paragraph (3).
            ``(2) Distribution of 33.33 percent.--
                    ``(A) In general.--Of the amount referred to in
                paragraph (1)(A)--
                            ``(i) 30 percent, but not to exceed
                        $50,000,000 per fiscal year, shall be
                        transferred by the Secretary of the Treasury to
                        the Bureau of Land Management for use for oil
                        and gas inspection and enforcement;
                            ``(ii) 15 percent, but not to exceed
                        $25,000,000 per fiscal year, shall be available
                        to the Secretary of the Interior to remediate,
                        reclaim, and properly plug and abandon orphan
                        oil and gas wells on Federal lands;
                            ``(iii) 45 percent shall be paid by the
                        Secretary of the Treasury to the State within
                        the boundaries of which the leased land is
                        located or the deposits were derived, for use
                        by such State in accordance with paragraph (3);
                        and
                            ``(iv) the remainder shall be deposited
                        into the Treasury as miscellaneous receipts.
                    ``(B) Administration.--Amounts to be paid or
                available under clauses (i), (ii), and (iii) of
                subparagraph (A) shall--
                            ``(i) be available without further
                        appropriation; and
                            ``(ii) remain available until expended.
            ``(3) Distribution of remainder.--Of the amount referred to
        in paragraph (1)(B), and subject to subsection (b), 50 per
        centum thereof''; and
            (2) in subsection (a), by striking ``All moneys received''
        and inserting the following:
            ``(4) General provisions.--All moneys received''.
    (b) Conforming Amendment.--Section 35(c)(1) of the Mineral Leasing
Act (30 U.S.C. 191(c)(1)) is amended by striking ``the first sentence
of''.
    (c) Limitations on Application.--The amendments made by subsection
(a)--
            (1) shall apply only to amounts received by the United
        States under new leases issued on or after the date of
        enactment of this Act; and
            (2) shall not affect the application of section 35(a) of
        the Mineral Leasing Act (30 U.S.C. 191(a)) to amounts received
        by the United States before the first fiscal year beginning
        after the date of the enactment of this Act.

Summary: Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015 This bill amends the Mineral Leasing Act to increase the minimum acceptable bids and rentals for leases of oil, natural gas, and tar sand on federal land. Minimum acceptable bids and rentals shall receive inflation adjustments once every four years. One-third of any amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the Mineral Leasing Act and the Geothermal Steam Act of 1970, shall be made available in specified percentages: for use for oil and gas inspection and enforcement. To remediate, reclaim, and properly plug and abandon orphan oil and gas wells on federal lands. And to the state within whose boundaries the leased land is located, or the deposits were derived, for state use in accordance with specified requirements.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telephone Call Privacy Act of
1999''.

SEC. 2. MODIFICATION OF REQUIREMENTS RELATING TO USE AND DISCLOSURE OF
              CUSTOMER PROPRIETARY NETWORK INFORMATION.

    (a) Modification of Requirements.--
            (1) In general.--Paragraph (1) of section 222(c) of the
        Communications Act of 1934 (47 U.S.C. 222(c)) is amended to
        read as follows:
            ``(1) Privacy requirements for telecommunications
        carriers.--
                    ``(A) In general.--Except as provided in
                subparagraph (B) or as required by law, a
                telecommunications carrier that receives or obtains
                customer proprietary network information by virtue of
                its provision of a telecommunications service may use,
                disclose, or permit access to customer proprietary
                network information that identifies a customer as
                follows:
                            ``(i) In the provision of--
                                    ``(I) the telecommunications
                                service from which such information is
                                derived; and
                                    ``(II) services necessary to, or
                                used in, the provision of such
                                telecommunications service, including
                                the publishing of directories.
                            ``(ii) In the case of the use of such
                        information by the telecommunications carrier
                        for the provision of another of its products or
                        services to the customer, only if the
                        telecommunications carrier--
                                    ``(I) provides the customer a clear
                                and conspicuous notice meeting the
                                requirements set forth in subparagraph
                                (C);
                                    ``(II) permits the customer to
                                review such information for accuracy,
                                and to correct and supplement such
                                information; and
                                    ``(III) does not receive from the
                                customer within 15 days after the date
                                of the notice under subclause (I)
                                notice disapproving the use of such
                                information for the provision of such
                                product or service to the customer as
                                specified in the notice under such
                                subclause.
                            ``(iii) In the case of the use, disclosure,
                        or access of or to such information by another
                        party, only if the telecommunications carrier
                        that originally receives or obtains such
                        information--
                                    ``(I) meets the requirements set
                                forth in subclauses (I) and (II) of
                                clause (ii) with respect to such
                                information; and
                                    ``(II) receives from the customer
                                written notice approving the use,
                                disclosure, or access of or to such
                                information for the provision of the
                                product or service to the customer as
                                specified in the notice under subclause
                                (I) of this clause.
                    ``(B) Customer disapproval.--Notwithstanding the
                previous approval of the use, disclosure, or access of
                or to information for a purpose under clause (ii) or
                (iii) of subparagraph (A), upon receipt from a customer
                of written notice of the customer's disapproval of the
                use, disclosure, or access of or to information for
                such purpose, a telecommunications carrier shall
                terminate the use, disclosure, or access of or to such
                information for such purpose.
                    ``(C) Notice elements.--Each notice under clause
                (ii) or (iii) of subparagraph (A) shall include the
                following:
                            ``(i) The types information that may be
                        used, disclosed, or accessed.
                            ``(ii) The specific types of businesses or
                        individuals that may use or access the
                        information or to which the information may be
                        disclosed.
                            ``(iii) The specific product or service for
                        which the information may be used, disclosed,
                        or accessed.''.
            (2) Conforming amendments.--Paragraph (3) of such section
        is amended by striking ``paragraph (1)'' both places it appears
        and inserting ``paragraph (1)(A)(i)''.
    (b) Judicial and Law Enforcement Purposes.--Such section is further
amended by adding at the end the following:
            ``(4) Judicial and law enforcement purposes.--
                    ``(A) In general.--A person that receives or
                obtains consumer proprietary network information may
                disclose such information--
                            ``(i) pursuant to the standards and
                        procedures established in the Federal Rules of
                        Civil Procedure or comparable rules of other
                        courts or administrative agencies, in
                        connection with litigation or proceedings to
                        which an individual who is the subject of the
                        information is a party and in which the
                        individual has placed the use, disclosure, or
                        access to such information at issue;
                            ``(ii) to a court, and to others ordered by
                        the court, if in response to a court order
                        issued in accordance with subparagraph (B); or
                            ``(iii) to an investigative or law
                        enforcement officer pursuant to a warrant
                        issued under the Federal Rules of Criminal
                        Procedure, an equivalent State warrant, or a
                        grand jury subpoena, or a court order issued in
                        accordance with subparagraph (B).
                    ``(B) Requirements for court orders.--
                            ``(i) In general.--Except as provided in
                        clause (ii), a court order for the disclosure
                        of customer proprietary network information
                        under subparagraph (A) may be issued by a court
                        of competent jurisdiction only upon written
                        application, upon oath or equivalent
                        affirmation, by an investigative or law
                        enforcement officer demonstrating that there is
                        probable cause to believe that--
                                    ``(I) the information sought is
                                relevant and material to an ongoing
                                criminal investigation; and
                                    ``(II) the law enforcement need for
                                the information outweighs the privacy
                                interest of the individual to whom the
                                information pertains.
                            ``(ii) Certain orders.--A court order may
                        not be issued under this paragraph upon
                        application of an officer of a State or local
                        government if prohibited by the law of the
                        State concerned.''.
    (c) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.

Summary: Outlines provisions authorizing a person that receives or obtains customer proprietary information to disclose such information to criminal law enforcement and judicial personnel for criminal law enforcement and related judicial proceedings. Provides requirements for court orders for investigative or law enforcement officers to obtain such information, including that: (1) the information sought is relevant and material to an ongoing criminal investigation. And (2) the law enforcement need for such information outweighs the privacy interest of the individual involved.

Telephone Call Privacy Act of 1999


SECTION 1. FINANCIAL INFORMATION PRIVACY.

    (a) In General.--The Consumer Credit Protection Act (15 U.S.C. 1601
et seq.) is amended by adding at the end the following:

          ``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION

``Sec.
``1001. Short title.
``1002. Definitions.
``1003. Privacy protection for customer information of financial
                            institutions.
``1004. Administrative enforcement.
``1005. Civil liability.
``1006. Criminal penalty.
``1007. Relation to State laws.
``1008. Agency guidance.
``Sec. 1001. Short title
    ``This title may be cited as the `Financial Information Privacy
Act'.
``Sec. 1002. Definitions
    ``For purposes of this title, the following definitions shall
apply:
            ``(1) Customer.--The term `customer' means, with respect to
        a financial institution, any person (or authorized
        representative of a person) to whom the financial institution
        provides a product or service, including that of acting as a
        fiduciary.
            ``(2) Customer information of a financial institution.--The
        term `customer information of a financial institution' means
        any information maintained by a financial institution which is
        derived from the relationship between the financial institution
        and a customer of the financial institution and is identified
        with the customer.
            ``(3) Document.--The term `document' means any information
        in any form.
            ``(4) Financial institution.--
                    ``(A) In general.--The term `financial institution'
                means any institution engaged in the business of
                providing financial services to customers who maintain
                a credit, deposit, trust, or other financial account or
                relationship with the institution.
                    ``(B) Certain financial institutions specifically
                included.--The term `financial institution' includes
                any depository institution (as defined in section
                19(b)(1)(A) of the Federal Reserve Act), any loan or
                finance company, any credit card issuer or operator of
                a credit card system, and any consumer reporting agency
                that compiles and maintains files on consumers on a
                nationwide basis (as defined in section 603(p)).
                    ``(C) Further definition by regulation.--The Board
                of Governors of the Federal Reserve System may
                prescribe regulations further defining the term
                `financial institution', in accordance with
                subparagraph (A), for purposes of this title.
``Sec. 1003. Privacy protection for customer information of financial
              institutions
    ``(a) Prohibition on Obtaining Customer Information by False
Pretenses.--It shall be a violation of this title for any person to
obtain or attempt to obtain, or cause to be disclosed or attempt to
cause to be disclosed to any person, customer information of a
financial institution relating to another person--
            ``(1) by knowingly making a false, fictitious, or
        fraudulent statement or representation to an officer, employee,
        or agent of a financial institution with the intent to deceive
        the officer, employee, or agent into relying on that statement
        or representation for purposes of releasing the customer
        information;
            ``(2) by knowingly making a false, fictitious, or
        fraudulent statement or representation to a customer of a
        financial institution with the intent to deceive the customer
        into relying on that statement or representation for purposes
        of releasing the customer information or authorizing the
        release of such information; or
            ``(3) by knowingly providing any document to an officer,
        employee, or agent of a financial institution, knowing that the
        document is forged, counterfeit, lost, or stolen, was
        fraudulently obtained, or contains a false, fictitious, or
        fraudulent statement or representation, if the document is
        provided with the intent to deceive the officer, employee, or
        agent into relying on that document for purposes of releasing
        the customer information.
    ``(b) Prohibition on Solicitation of a Person To Obtain Customer
Information From Financial Institution Under False Pretenses.--It shall
be a violation of this title to request a person to obtain customer
information of a financial institution, knowing or consciously avoiding
knowing that the person will obtain, or attempt to obtain, the
information from the institution in any manner described in subsection
(a).
    ``(c) Nonapplicability to Law Enforcement Agencies.--No provision
of this section shall be construed so as to prevent any action by a law
enforcement agency, or any officer, employee, or agent of such agency,
to obtain customer information of a financial institution in connection
with the performance of the official duties of the agency.
    ``(d) Nonapplicability to Financial Institutions in Certain
Cases.--No provision of this section shall be construed so as to
prevent any financial institution, or any officer, employee, or agent
of a financial institution, from obtaining customer information of such
financial institution in the course of--
            ``(1) testing the security procedures or systems of such
        institution for maintaining the confidentiality of customer
        information;
            ``(2) investigating allegations of misconduct or negligence
        on the part of any officer, employee, or agent of the financial
        institution; or
            ``(3) recovering customer information of the financial
        institution which was obtained or received by another person in
        any manner described in subsection (a) or (b).
    ``(e) Nonapplicability to Certain Types of Customer Information of
Financial Institutions.--No provision of this section shall be
construed so as to prevent any person from obtaining customer
information of a financial institution that otherwise is available as a
public record filed pursuant to the securities laws (as defined in
section 3(a)(47) of the Securities Exchange Act of 1934).
``Sec. 1004. Administrative enforcement
    ``(a) Enforcement by Federal Trade Commission.--Except as provided
in subsection (b), compliance with this title shall be enforced by the
Federal Trade Commission in the same manner and with the same power and
authority as the Commission has under title VIII, the Fair Debt
Collection Practices Act, to enforce compliance with such title.
    ``(b) Enforcement by Other Agencies in Certain Cases.--
            ``(1) In general.--Compliance with this title shall be
        enforced under--
                    ``(A) section 8 of the Federal Deposit Insurance
                Act, in the case of--
                            ``(i) national banks, and Federal branches
                        and Federal agencies of foreign banks, by the
                        Office of the Comptroller of the Currency;
                            ``(ii) member banks of the Federal Reserve
                        System (other than national banks), branches
                        and agencies of foreign banks (other than
                        Federal branches, Federal agencies, and insured
                        State branches of foreign banks), commercial
                        lending companies owned or controlled by
                        foreign banks, and organizations operating
                        under section 25 or 25A of the Federal Reserve
                        Act, by the Board;
                            ``(iii) banks insured by the Federal
                        Deposit Insurance Corporation (other than
                        members of the Federal Reserve System and
                        national nonmember banks) and insured State
                        branches of foreign banks, by the Board of
                        Directors of the Federal Deposit Insurance
                        Corporation; and
                            ``(iv) savings associations the deposits of
                        which are insured by the Federal Deposit
                        Insurance Corporation, by the Director of the
                        Office of Thrift Supervision; and
                    ``(B) the Federal Credit Union Act, by the
                Administrator of the National Credit Union
                Administration with respect to any Federal credit
                union.
            ``(2) Violations of this title treated as violations of
        other laws.--For the purpose of the exercise by any agency
        referred to in paragraph (1) of its powers under any Act
        referred to in that paragraph, a violation of this title shall
        be deemed to be a violation of a requirement imposed under that
        Act. In addition to its powers under any provision of law
        specifically referred to in paragraph (1), each of the agencies
        referred to in that paragraph may exercise, for the purpose of
        enforcing compliance with this title, any other authority
        conferred on such agency by law.
    ``(c) State Action for Violations.--
            ``(1) Authority of states.--In addition to such other
        remedies as are provided under State law, if the chief law
        enforcement officer of a State, or an official or agency
        designated by a State, has reason to believe that any person
has violated or is violating this title, the State--
                    ``(A) may bring an action to enjoin such violation
                in any appropriate United States district court or in
                any other court of competent jurisdiction;
                    ``(B) may bring an action on behalf of the
                residents of the State to recover damages of not more
                than $1,000 for each violation; and
                    ``(C) in the case of any successful action under
                subparagraph (A) or (B), shall be awarded the costs of
                the action and reasonable attorney fees as determined
                by the court.
            ``(2) Rights of federal regulators.--
                    ``(A) Prior notice.--The State shall serve prior
                written notice of any action under paragraph (1) upon
                the Federal Trade Commission and, in the case of an
                action which involves a financial institution described
                in section 1004(b)(1), the agency referred to in such
                section with respect to such institution and provide
                the Federal Trade Commission and any such agency with a
                copy of its complaint, except in any case in which such
                prior notice is not feasible, in which case the State
                shall serve such notice immediately upon instituting
                such action.
                    ``(B) Right to intervene.--The Federal Trade
                Commission or an agency described in subsection (b)
                shall have the right--
                            ``(i) to intervene in an action under
                        paragraph (1);
                            ``(ii) upon so intervening, to be heard on
                        all matters arising therein;
                            ``(iii) to remove the action to the
                        appropriate United States district court; and
                            ``(iv) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any
        action under this subsection, no provision of this subsection
        shall be construed as preventing the chief law enforcement
        officer, or an official or agency designated by a State, from
        exercising the powers conferred on the chief law enforcement
        officer or such official by the laws of such State to conduct
        investigations or to administer oaths or affirmations or to
        compel the attendance of witnesses or the production of
        documentary and other evidence.
            ``(4) Limitation on state action while federal action
        pending.--If the Federal Trade Commission or any agency
        described in subsection (b) has instituted a civil action for a
        violation of this title, no State may, during the pendency of
        such action, bring an action under this section against any
        defendant named in the complaint of the Federal Trade
        Commission or such agency for any violation of this title that
        is alleged in that complaint.
``Sec. 1005. Civil liability
    ``Any person, other than a financial institution, who fails to
comply with any provision of this title with respect to any financial
institution or any customer information of a financial institution
shall be liable to such financial institution or the customer to whom
such information relates in an amount equal to the sum of the amounts
determined under each of the following paragraphs:
            ``(1) Actual damages.--The greater of--
                    ``(A) the amount of any actual damage sustained by
                the financial institution or customer as a result of
                such failure; or
                    ``(B) any amount received by the person who failed
                to comply with this title, including an amount equal to
                the value of any nonmonetary consideration, as a result
                of the action which constitutes such failure.
            ``(2) Additional damages.--Such additional amount as the
        court may allow.
            ``(3) Attorneys' fees.--In the case of any successful
        action to enforce any liability under paragraph (1) or (2), the
        costs of the action, together with reasonable attorneys' fees.
``Sec. 1006. Criminal penalty
    ``(a) In General.--Whoever violates, or attempts to violate,
section 1003 shall be fined in accordance with title 18, United States
Code, or imprisoned for not more than 5 years, or both.
    ``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or
attempts to violate, section 1003 while violating another law of the
United States or as part of a pattern of any illegal activity involving
more than $100,000 in a 12-month period shall be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of title 18, United States Code, imprisoned for not more than 10
years, or both.
``Sec. 1007. Relation to State laws
    ``(a) In General.--This title shall not be construed as
superseding, altering, or affecting the statutes, regulations, orders,
or interpretations in effect in any State, except to the extent that
such statutes, regulations, orders, or interpretations are inconsistent
with the provisions of this title, and then only to the extent of the
inconsistency.
    ``(b) Greater Protection Under State Law.--For purposes of this
section, a State statute, regulation, order, or interpretation is not
inconsistent with the provisions of this title if the protection such
statute, regulation, order, or interpretation affords any person is
greater than the protection provided under this title.
``Sec. 1008. Agency guidance
    ``In furtherance of the objectives of this title, each Federal
banking agency (as defined in section 3(z) of the Federal Deposit
Insurance Act) shall issue advisories to depository institutions under
the jurisdiction of the agency, in order to assist such depository
institutions in deterring and detecting activities proscribed under
section 1003.''.
    (b) Report to the Congress.--Before the end of the 18-month period
beginning on the date of the enactment of this Act, the Comptroller
General, in consultation with the Federal Trade Commission, Federal
banking agencies, and appropriate Federal law enforcement agencies,
shall submit to the Congress a report on the following:
            (1) The efficacy and adequacy of the remedies provided in
        the amendments made by subsection (a) in addressing attempts to
        obtain financial information by fraudulent means or by false
        pretenses.
            (2) Any recommendations for additional legislative or
        regulatory action to address threats to the privacy of
        financial information created by attempts to obtain information
        by fraudulent means or false pretenses.

Summary: Financial Information Privacy Act - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview. And (2) authorize the Board of Governors of the Federal Reserve System to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act. Declares it a violation of this Act to obtain or disclose under false pretenses customer information of a financial institution. Grants the Federal Trade Commission (FTC), certain banking regulatory agencies, and the States enforcement powers under this Act. Subjects violations of this Act to civil liability for damages and Federal criminal penalties. Requires each Federal banking agency to issue advisories to depository institutions within its purview in order to assist in deterring and detecting the acts proscribed by this Act. Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act. And (2) recommendations for additional action to address threats to the privacy of financial information.

Financial Information Privacy Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Security Whistleblower
Protection Act of 2016''.

SEC. 2. SUSPENSION OR REVOCATION OF ACCESS TO CLASSIFIED INFORMATION.

    (a) In General.--Section 2302(a)(2)(A) of title 5, United States
Code, is amended--
            (1) in clause (xi), by striking ``and'' at the end;
            (2) by redesignating clause (xii) as clause (xiii); and
            (3) by inserting after clause (xi) the following:
                    ``(xii) the suspension or revocation of access to
                classified information; and''.
    (b) Application to FBI.--Section 2303(a) of title 5, United States
Code, is amended in the matter following paragraph (2), by inserting
``or clause (xii)'' after ``clauses (i) through (x)''.
    (c) Report by Inspector General of the Department of Defense.--
            (1) Definitions.--In this subsection--
                    (A) the term ``employee'' includes an employee of a
                contractor of the Department of Defense;
                    (B) the term ``Inspector General'' means the
                Inspector General of the Department of Defense; and
                    (C) the term ``whistleblowing'' means--
                            (i) making a disclosure described in
                        section 2302(b)(8) of title 5, United States
                        Code; or
                            (ii) taking an action described in
                        subparagraph (A)(i), (B), (C), or (D) of
                        section 2302(b)(9) of title 5, United States
                        Code.
            (2) Report.--
                    (A) Initial report.--Not later than 1 year after
                the date of enactment of this Act, the Inspector
                General shall submit to Congress a report that provides
                the information described in subparagraph (C) for the
                5-year period ending on the date of enactment of this
                Act.
                    (B) Inclusion in semiannual report.--In each
                semiannual report submitted to Congress by the
                Inspector General under section 5(a) of the Inspector
                General Act of 1978 (5 U.S.C. App.) after the date on
                which the report under subparagraph (A) is submitted,
                the Inspector General shall include the information
                described in subparagraph (C) for the period covered by
                the report.
                    (C) Information.--
                            (i) In general.--The information described
                        in this subparagraph is, for each category of
                        employee described in clause (ii)--
                                    (I) the number of allegations
                                received by the Inspector General
                                (which shall include separately the
                                number of contacts to the hotline of
                                the Inspector General) in which an
                                employee asserts that the access to
                                classified information of the employee
                                was suspended or revoked in retaliation
                                for whistleblowing;
                                    (II) the number of allegations
                                described in subclause (I) that were
                                closed by the Inspector General before
                                a full investigation was conducted;
                                    (III) the number of allegations
                                described in subclause (I) for which a
                                full investigation was conducted by the
                                Inspector General;
                                    (IV) the number of allegations
                                described in subclause (I) in which the
                                Inspector General determined that the
                                access to classified information of the
                                employee was suspended or revoked in
                                retaliation for whistleblowing;
                                    (V) the number of investigations of
                                allegations described in subclause (I)
                                that were conducted by a component of
                                the Department of Defense other than
                                the Office of the Inspector General and
                                a description of the oversight of the
                                investigation by the Inspector General;
                                    (VI) the number of investigations
                                of allegations described in subclause
                                (I) that, upon appeal, were returned by
                                the Inspector General of the
                                Intelligence Community as defective;
                                    (VII) a description of the remedial
                                measures taken relating to allegations
                                described in subclause (I); and
                                    (VIII) a description of the
                                disciplinary actions taken against
                                individuals who suspended or revoked
                                the access to classified information of
                                an employee in retaliation for
                                whistleblowing.
                            (ii) Categories of employees.--The
                        categories of employees described in this
                        clause are the following:
                                    (I) Employees of the Department of
                                Defense in the civil service, as
                                defined in section 2101(1) of title 5,
                                United States Code.
                                    (II) Employees of nonappropriated
                                fund instrumentalities of the
                                Department.
                                    (III) Members of the regular
                                components of the Armed Forces.
                                    (IV) Members of the Army National
                                Guard of the United States and Air
                                National Guard of the United States on
                                active duty.
                                    (V) Employees of contractors of the
                                Department.
                                    (VI) Any other category of
                                employees not included under clauses
                                (I) through (V), which shall be
                                described by the Inspector General in
                                the applicable report.

Summary: National Security Whistleblower Protection Act of 2016 This bill extends personnel protections to whistleblowers by classifying the suspension or revocation of access to classified information as a personnel action. This classification also applies to employees of the Federal Bureau of Investigation. The Inspector General of the Department of Defense shall report to Congress on allegations of retaliation against whistleblowers whose access to classified information was suspended or revoked.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Pregnant Women and
Children From Perchlorate Act of 2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) perchlorate--
                    (A) is a chemical used as the primary ingredient of
                solid rocket propellant; and
                    (B) is also used in fireworks, road flares, and
                other applications;
            (2) waste from the manufacture and improper disposal of
        chemicals containing perchlorate is increasingly being
        discovered in soil and water;
            (3) according to the Government Accountability Office,
        perchlorate contamination has been detected in water and soil
        at almost 400 sites in the United States, with concentration
        levels ranging from 4 parts per billion to millions of parts
        per billion;
            (4) the Government Accountability Office has determined
        that the Environmental Protection Agency does not centrally
        track or monitor perchlorate detections or the status of
        perchlorate cleanup, so a greater number of contaminated sites
        may already exist;
            (5) according to the Government Accountability Office,
        limited Environmental Protection Agency data show that
        perchlorate has been found in 35 States and the District of
        Columbia and is known to have contaminated 153 public water
        systems in 26 States;
            (6) those data are likely underestimates of total drinking
        water exposure, as illustrated by the finding of the California
        Department of Health Services that perchlorate contamination
        sites have affected approximately 273 drinking water sources
        and 86 drinking water systems in the State of California alone;
            (7) Food and Drug Administration scientists and other
        scientific researchers have detected perchlorate in the United
        States food supply, including in lettuce, milk, cucumbers,
        tomatoes, carrots, cantaloupe, wheat, and spinach, and in human
        breast milk;
            (8)(A) perchlorate can harm human health, especially in
        pregnant women and children, by interfering with uptake of
        iodide by the thyroid gland, which is necessary to produce
        important hormones that help control human health and
        development;
            (B) in adults, the thyroid helps to regulate metabolism;
            (C) in children, the thyroid helps to ensure proper mental
        and physical development; and
            (D) impairment of thyroid function in expectant mothers or
        infants may result in effects including delayed development and
        decreased learning capability;
            (9)(A) in October 2006, researchers from the Centers for
        Disease Control and Prevention published the largest, most
        comprehensive study to date on the effects of low levels of
        perchlorate exposure in women, finding that--
                    (i) significant changes existed in thyroid hormones
                in women with low iodine levels who were exposed to
                perchlorate; and
                    (ii) even low-level perchlorate exposure may affect
                the production of hormones by the thyroid in iodine-
                deficient women; and
            (B) in the United States, about 36 percent of women have
        iodine levels equivalent to or below the levels of the women in
        the study described in subparagraph (A); and
            (10) the Environmental Protection Agency has not
        established a health advisory or national primary drinking
        water regulation for perchlorate, but instead established a
        ``Drinking Water Equivalent Level'' of 24.5 parts per billion
        for perchlorate, which--
                    (A) does not take into consideration all routes of
                exposure to perchlorate;
                    (B) has been criticized by experts as failing to
                sufficiently consider the body weight, unique exposure,
                and vulnerabilities of certain pregnant women and
                fetuses, infants, and children; and
                    (C) is based primarily on a small study and does
                not take into account new, larger studies of the
                Centers for Disease Control and Prevention or other
                data indicating potential effects at lower perchlorate
                levels than previously found.
    (b) Purposes.--The purposes of this Act are--
            (1) to require the Administrator of the Environmental
        Protection Agency to establish, by not later than 90 days after
        the date of enactment of this Act, a health advisory for
        perchlorate in drinking water that--
                    (A) is fully protective of, and considers, the body
                weight and exposure patterns of pregnant women,
                infants, and children;
                    (B) provides an adequate margin of safety; and
                    (C) takes into account all routes of exposure to
                perchlorate;
            (2) to require the Administrator of the Environmental
        Protection Agency to establish not later than 1 year after the
        date of enactment of this Act a national primary drinking water
        regulation for perchlorate that fully protects pregnant women,
        infants, and children, taking into consideration body weight,
        exposure patterns, and all routes of exposure to perchlorate.

SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION
              FOR PERCHLORATE.

    Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(12)) is amended by adding at the end the following:
                    ``(C) Perchlorate.--
                            ``(i) Health advisory.--Notwithstanding any
                        other provision of this section, not later than
                        90 days after the date of enactment of this
                        subparagraph, the Administrator shall publish a
                        health advisory for perchlorate that is fully
                        protective, with an adequate margin of safety,
                        of the health of vulnerable persons (including
                        pregnant women, infants, and children), taking
                        into consideration body weight, exposure
                        patterns, and all routes of exposure.
                            ``(ii) Proposed regulations.--
                        Notwithstanding any other provision of this
                        section, the Administrator shall propose (not
                        later than 180 days after the date of enactment
                        of this subparagraph) and shall finalize (not
                        later than 1 year after the date of enactment
                        of this subparagraph) a national primary
                        drinking water regulation for perchlorate--
                                    ``(I) that based on the factors in
                                clause (i) and other relevant data, is
                                protective, with an adequate margin of
                                safety, of vulnerable persons
                                (including pregnant women, infants, and
                                children); and
                                    ``(II) the maximum contaminant
                                level of which is as close to the
                                maximum contaminant level goal for
                                perchlorate, and as protective of
                                vulnerable persons, as is feasible.''.

Summary: Protecting Pregnant Women and Children From Perchlorate Act of 2011 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for perchlorate that is fully protective of the health of vulnerable persons , taking into consideration body weight, exposure patterns, and all routes of exposure. And (2) establish a national primary drinking water regulation for perchlorate that is protective of vulnerable persons and the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.

A bill to amend the Safe Drinking Water Act to protect the health of pregnant women, fetuses, infants, and children by requiring a health advisory and drinking water standard for perchlorate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stadium Financing and Franchise
Relocation Act of 1999''.

SEC. 2. EXPANSION, MODIFICATION, AND CLARIFICATION OF ANTITRUST
              EXEMPTIONS.

    (a) Definitions.--Section 5 of Public Law 87-331, commonly known as
the ``Sports Broadcasting Act'' (15 U.S.C. 1295) is amended to read as
follows:

``SEC. 5. DEFINITIONS.

    ``In this Act:
            ``(1) Antitrust laws.--The term `antitrust laws'--
                    ``(A) means antitrust laws, as that term is defined
                in section 1 of the Clayton Act (15 U.S.C. 12); and
                    ``(B) includes antitrust Acts, as that term is
                defined in section 4 of the Federal Trade Commission
                Act (15 U.S.C. 44).
            ``(2) Construction.--With respect to a playing facility,
        the term `construction' means the construction of a playing
        facility that is not in existence at the commencement of the
        construction.
            ``(3) Local governmental entity.--The term `local
        governmental entity' means--
                    ``(A) a State; or
                    ``(B) a county, city or other unit of local
                government.
            ``(4) Person.--The term `person' means any individual,
        partnership, corporation, or unincorporated association, or any
        combination or association thereof.
            ``(5) Playing facility.--The term `playing facility' means
        a stadium or ballpark designed to seat a minimum of 35,000
        spectators.
            ``(6) Renovation.--With respect to a playing facility, the
        term `renovation' means the renovation of an existing playing
        facility.
            ``(7) Sponsored telecasting.--The term `sponsored
        telecasting'--
                    ``(A) except as provided in subparagraph (B),
                includes all over-the-air, cable and satellite
                transmissions; and
                    ``(B) does not include pay-per-view broadcasts.''.
    (b) Expansion, Modification, and Clarification of Exemptions.--The
first section of Public Law 87-331, commonly known as the ``Sports
Broadcasting Act'' (15 U.S.C. 1291) is amended to read as follows:

``SECTION 1. EXEMPTIONS FROM ANTITRUST LAWS OF AGREEMENTS COVERING THE
              TELECASTING OF SPORTS CONTESTS, THE COMBINING OF
              PROFESSIONAL FOOTBALL LEAGUES AND THE RELOCATION OF
              SPORTS FRANCHISES.

    ``(a) Exemptions.--
            ``(1) In general.--Subject to subsection (b), the antitrust
        laws shall not apply to any joint agreement described in
        paragraph (2).
            ``(2) Joint agreements described.--A joint agreement
        described in this paragraph is a joint agreement--
                    ``(A) by or among persons engaging in or conducting
                the organized professional team sports of football,
                baseball, basketball, or hockey, by which any league of
                clubs participating in that professional sport sells or
                otherwise transfers all or any part of the rights of
                the member clubs of that league in the sponsored
                telecasting of the games of that professional sport
                that are engaged in or conducted by those member clubs;
                    ``(B) by which the member clubs of 2 or more
                professional football leagues described in section
                501(c)(6) of the Internal Revenue Code of 1986 and that
                are exempt from taxation under section 501(a) of the
                Internal Revenue Code of 1986 combine their operations
                in an expanded single league that is exempt from income
                tax by reason of such section 501(a), if that
                agreement--
                            ``(i) increases the number of professional
                        football clubs operating; and
                            ``(ii) contains provisions that are
                        directly relevant to the combination of
                        operations for such an expanded single league;
                        or
                    ``(C) by which any league of clubs participating in
                a professional sport referred to in subparagraph (A)
                denies a member club the right to transfer the location
                of the franchise of that member club.
    ``(b) Conditions on Exemptions.--
            ``(1) In general.--The exemption under subsection (a) for a
        joint agreement described in subsection (a)(2)(A) shall apply,
        with respect to a football league or major league baseball
        league only if the league of football or major league baseball
        clubs involved--
                    ``(A) agrees--
                            ``(i) to meet the requirement under
                        paragraph (2);
                            ``(ii) not later than 90 days after the
                        date of enactment of the Stadium Financing and
                        Franchise Relocation Act of 1999, to establish
                        a special trust fund into which the league will
                        deposit an amount equal to 10 percent of the
                        amounts received under that joint agreement for
                        the sale or transfer of the rights in sponsored
                        telecasting of the games of the professional
                        sport of that league in the United States, on
                        the condition that any funds in the trust fund
                        that are not obligated during the 10-year
                        period beginning on the date on which those
                        funds are deposited in that trust fund shall be
                        withdrawn from that trust fund and treated as
                        gross revenues of the league;
                            ``(iii) to use the amounts in the trust
                        fund established under clause (ii) only for
                        financing, in accordance with this section, the
                        construction or renovation of playing
                        facilities from which games of the teams of
                        that league will be televised; and
                            ``(iv) to make available to a local
                        governmental entity, upon request of that
                        entity, from the amounts in the trust fund
                        established under clause (ii), assistance for
                        the cost of the construction or renovation of
                        playing facilities to be used by a member club
                        in that league (if that construction or
                        renovation was not completed prior to the date
                        of introduction of the Stadium Financing and
                        Franchise Relocation Act of 1999), up to a
                        maximum of one-half of that cost, if--
                                    ``(I) the local governmental entity
                                makes a commitment, under a lease or
                                other written agreement entered into
                                between the member club involved and
                                the local governmental entity, to
                                provide funds in an amount equal to at
                                least one-half of the amount of funds
                                to be provided for that purpose by the
                                league; and
                                    ``(II) the amounts requested by the
                                local governmental entity are available
                                or become available for obligation from
                                the trust fund established under clause
                                (ii); and
                    ``(B) not later than the date specified in
                subparagraph (A)(ii), notifies the Attorney General
                that the league will establish a trust fund in
                accordance with subparagraph (A).
            ``(2) Additional requirement.--If a league establishes a
        trust fund under paragraph (1)(A), as a condition to receiving
        an exemption under subsection (a)(2)(A), the league shall
        exclude the amounts deposited in the trust fund from
        designation as defined gross revenues of the league, or as any
        other similar designation that describes revenues that are to
        be shared by the member clubs or the players of the league.
            ``(3) Major league baseball.--
                    ``(A) In general.--The requirements of paragraphs
                (1) and (2) shall apply to a league of major league
                baseball clubs in the same manner as they apply to a
                league of professional football clubs.
                    ``(B) Other exemptions.--Nothing in this subsection
                is intended to affect any exemption from the antitrust
                laws that may apply to major league baseball with
                respect to activities that are not covered under this
                Act.''.
    (c) Technical and Conforming Amendments.--
            (1) Area telecasting restriction limitation.--Section 2 of
        Public Law 87-331, commonly known as the ``Sports Broadcasting
        Act'' (15 U.S.C. 1292) is amended--
                    (A) by striking ``Sec. 2. Section'' and inserting
                the following:

``SEC. 2. AREA TELECASTING RESTRICTION LIMITATION.

    ``Section''; and
                    (B) by striking ``described in the first sentence
                of such section'' and inserting ``described in
                subsection (a)(2) of that section''.
            (2) Intercollegiate and interscholastic football consent
        limitations.--Section 3 of Public Law 87-331, commonly known as
        the ``Sports Broadcasting Act'' (15 U.S.C. 1293) is amended by
        striking ``Sec. 3. The first sentence of section 1 of this
        Act'' and inserting the following:

``SEC. 3. INTERCOLLEGIATE AND INTERSCHOLASTIC FOOTBALL CONSENT
              LIMITATIONS.

    ``The exemption under section 1(a)''.
            (3) Statutory construction.--Section 4 of Public Law 87-
        331, commonly known as the ``Sports Broadcasting Act'' (15
        U.S.C. 1293) is amended by striking ``Sec. 4. Nothing'' and
        inserting the following:

``SEC. 4. STATUTORY CONSTRUCTION.

    ``Nothing''.

Summary: Stadium Financing and Franchise Relocation Act of 1999 - Rewrites the Sports Broadcasting Act to exempt from the antitrust laws any joint agreement: (1) by or among persons engaging in or conducting the organized professional team sports of football, baseball, basketball, or hockey by which any league of clubs participating in that professional sport sells or otherwise transfers all or part of the rights of that league's member clubs in the sponsored telecasting of games. (2) by which the member clubs of two or more professional football leagues that are exempt from taxation combine their operations in an expanded single league that is exempt from income tax, if that agreement increases the number of professional football clubs operating and contains provisions that are directly relevant to the combination of operations for such league. Or (3) by which any league of clubs participating in such a professional sport denies a member club the right to transfer the location of the franchise of that member club. Conditions the exemption, with respect to a football league or major league baseball league, on the football league or major league baseball clubs involved agreeing to meet specified requirements, including the establishment of a special trust fund into which the league will deposit ten percent of the amounts received under the joint agreement for the sale or transfer of the rights in sponsored telecasting of games to finance the construction or renovation of playing facilities, upon request of a local governmental entity.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Tobacco Trust Fund Act of
1998''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A consensus exists within the scientific and medical
        communities that tobacco products are inherently dangerous and
        cause cancer, heart disease, emphysema, and other serious
        illnesses.
            (2) Tobacco advertising and marketing has for decades
        contributed significantly to the use of tobacco products by
        adolescents and young adults, and, particularly, members of the
        Nation's uniformed services.
            (3) Reliable studies indicate that 75 percent of World War
        II veterans began smoking as young adults, and today large
        numbers of veterans are smokers.
            (4) Smoking related illnesses are highly prevalent among
        the more than 3,000,000 veterans who use the Department of
        Veterans Affairs health care system annually.
            (5) The Department of Veterans Affairs estimates that it
        spent $3,600,000,000 in 1997 to treat smoking-related illnesses
        and that over the next five years it will spend $20,000,000,000
        on such care.
            (6) Congress established the Department of Veterans Affairs
        in furtherance of its constitutional power to provide for the
        national defense in order to provide benefits and services to
        veterans of the uniformed services.
            (7) There is in the Department of Veterans Affairs a health
        care system which has as its primary function to provide a
        complete medical and hospital service for the medical care and
        treatment of such veterans as can be served through available
        appropriations.
            (8) The sale, distribution, marketing, advertising, and use
        of tobacco products has substantially and adversely impaired
        the ability of the Department of Veterans Affairs to carry out
        its health care mission because of the prevalence of smoking-
        related illnesses among veterans.
            (9) The Federal Government, including the Department of
        Veterans Affairs, has lacked the means to prevent the onset of
        smoking-related illnesses among veterans and has had no
        authority to deny needed treatment to any veteran on the basis
        that an illness is or might be smoking-related.
            (10) With some 20 percent of its health care budget
        absorbed in treating smoking-related illnesses, the Department
        of Veterans Affairs health care system has lacked resources to
        provide needed nursing home care, home care, community-based
        ambulatory care, and other services to tens of thousands of
        other veterans.
            (11) The network of academically affiliated medical centers
        of the Department of Veterans Affairs provides a unique system
        within which outstanding medical research is conducted and
        which has the potential to expand significantly ongoing
        research on tobacco-related illnesses.
            (12) It is in the public interest for Congress to enact
        legislation requiring that a portion of any amounts received
        from manufacturers of tobacco products be used to meet the
        costs of (A) treatment for diseases and adverse health effects
        associated with the use of tobacco products by those who served
        their country in uniform, and (B) medical and health services
        research relating to prevention and treatment of, and
        rehabilitation from, tobacco addiction and diseases associated
        with tobacco use.

SEC. 3. ESTABLISHMENT OF TRUST FUND.

    (a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1729A the following new section:
``Sec. 1729B. Veterans Tobacco Trust Fund
    ``(a) There is established in the Treasury of the United States a
trust fund to be known as the `Veterans Tobacco Trust Fund', consisting
of such amounts as may be appropriated, credited, or donated to the
trust fund.
    ``(b) If a law is enacted that provides for the allocation of funds
received from tobacco product manufacturers for programs to reduce use
of tobacco products by minors and for health-care research, among other
purposes, there shall be credited to the trust fund from amounts
received by the United States pursuant to that law, without further
appropriation, the amount of $3,000,000,000.
    ``(c) Amounts in the trust fund shall be available, without fiscal
year limitation, to the Secretary of Veterans Affairs for the following
purposes:
            ``(1) Furnishing medical care and services under this
        chapter, to be available during any fiscal year for the same
        purposes and subject to the same limitations (other than with
        respect to the period of availability for obligation) as apply
        to amounts appropriated from the general fund of the Treasury
        for that fiscal year for medical care.
            ``(2) Conducting medical research, rehabilitation research,
        and health systems research, with particular emphasis on
        research relating to prevention and treatment of, and
        rehabilitation from, tobacco addiction and diseases associated
        with tobacco use.''.
    (b) Clerical Amendment.-- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1729A the following new item:

``Sec. 1729B. Veterans Tobacco Trust Fund.''.

Summary: Veterans Tobacco Trust Fund Act of 1998 - Establishes in the Treasury the Veterans Tobacco Trust Fund. Provides that if a law is enacted that provides for the allocation of funds received from tobacco product manufacturers for programs to reduce the use of tobacco products by minors and for health-care research, then there shall be credited to the Fund, without further appropriation, the amount of $3 billion. Makes such amount available to the Secretary of Veterans Affairs for: (1) furnishing veterans' medical care and services. And (2) conducting medical, rehabilitation, and health systems research, with particular emphasis on research relating to the prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use.

Veterans Tobacco Trust Fund Act of 1998


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Budget Surplus Dividend Act of
1998''.

SEC. 2. 33\1/3\ PERCENT OF FEDERAL BUDGET SURPLUS TO REIMBURSE
              EMPLOYERS AND EMPLOYEES FOR A PORTION OF THEIR SOCIAL
              SECURITY TAXES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:

``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES.

    ``(a) Allowance of Credit.--In the case of a taxable year to which
this section applies, there shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
the applicable percentage of the taxpayer's social security taxes for
the taxable year.
    ``(b) Taxable Years to Which Section Applies.--
            ``(1) In general.--Except as provided by paragraph (2),
        this section shall apply to any taxable year beginning in the
        first calendar year beginning after a fiscal year if there is a
        Federal budget surplus for such fiscal year of more than
        $1,000,000,000.
            ``(2) Social security trust funds required to be solvent
        before credit allowed.--This section shall not apply to any
        taxable year beginning before the date on which the Board of
        Trustees of the Federal Old Age and Survivors Insurance Trust
        Fund and the Federal Disability Insurance Trust Fund makes the
        solvency determination described in section 5 of the Budget
        Surplus Dividend Act of 1998.
    ``(c) Applicable Percentage.--For purposes of this section--
            ``(1) In general.--The term `applicable percentage' means--
                    ``(A) the base percentage with respect to so much
                of the taxpayer's social security taxes as does not
                exceed $3,000, and
                    ``(B) the phasedown percentage with respect to so
                much of the taxpayer's social security taxes as exceeds
                $3,000.
            ``(2) Base percentage.--The term `base percentage' means,
        for taxable years beginning in a calendar year, the percentage
        which the Secretary estimates will result in a reduction of
        revenues to the Treasury by reason of this section for such
        taxable year equal to 33\1/3\ percent of the Federal
budget surplus for the most recent fiscal year ending before such
calendar year. Proper adjustments shall be made in the percentage
determined under the preceding sentence with respect to any subsequent
fiscal year to the extent that prior estimates were in excess of or
less than the proper percentage.
            ``(3) Phasedown percentage.--The term `phasedown
        percentage' means the base percentage reduced (but not below
        zero) by the number of percentage points which bears the same
        ratio to the base percentage as--
                    ``(A) the excess of the taxpayer's social security
                taxes over $3,000 bears to
                    ``(B) the excess of the maximum social security
                taxes over $3,000.
            ``(4) Maximum social security taxes.--The term `maximum
        social security taxes' means the amount which would be the
        social security taxes of the taxpayer if the amount on which
        such taxes are determined were equal to the maximum amount of
        remuneration which may be taken into account under section
        3101(a).
            ``(5) Special rules.--
                    ``(A) Dollar limitations on per employee basis.--
                The dollar limitations in paragraphs (1) and (3) shall
                be applied on a per employee basis.
                    ``(B) Self-employed individuals.--Paragraphs (1)
                and (3) shall be applied by substituting `$6,000' for
                `$3,000' each place it appears in the case of the taxes
                referred to in subparagraph (C) or (D) of subsection
                (d)(1).
    ``(d) Social Security Taxes.--For purposes of this section--
            ``(1) In general.--The term `social security taxes' means,
        with respect to any taxpayer for any taxable year--
                    ``(A) the taxes imposed by sections 3101 and
                3201(a) (relating to taxes on employees) on amounts
                received by the taxpayer during the calendar year in
                which the taxable year begins,
                    ``(B) the taxes imposed by sections 3111 and
                3221(a) (relating to taxes on employers) on amounts
                paid by the taxpayer during the calendar year in which
                the taxable year begins,
                    ``(C) the taxes imposed by section 1401 on the
                self-employment income of the taxpayer for the taxable
                year, and
                    ``(D) the taxes imposed by section 3211(a)(1) on
                amounts received by the taxpayer during the calendar
                year in which the taxable year begins.
            ``(2) Coordination with special refund of social security
        taxes.--The term `social security taxes' shall not include any
        taxes to the extent the taxpayer is entitled to a special
        refund of such taxes under section 6413(c).
            ``(3) Special rule.--Any amounts paid pursuant to an
        agreement under section 3121(l) (relating to agreements entered
        into by American employers with respect to foreign affiliates)
        which are equivalent to the taxes referred to in paragraph
        (1)(A) shall be treated as taxes referred to in such
        paragraph.''
    (b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 35 and inserting the following:

                              ``Sec. 35. Credit for portion of social
                                        security taxes.
                              ``Sec. 36. Overpayments of tax.''

SEC. 3. APPROPRIATION TO USE 33\1/3\ PERCENT OF FEDERAL BUDGET SURPLUS
              TO REDUCE OUTSTANDING PUBLIC DEBT.

    There is hereby appropriated for the first fiscal year following
each fiscal year (beginning after this Act takes effect) for which
there is a Federal budget surplus an amount equal to 33\1/3\ percent of
such surplus for purpose of paying at maturity, or to redeem or buy
before maturity, obligations of the Government included in the public
debt. An obligation of the Government that is paid, redeemed, or bought
with funds appropriated by the preceding sentence shall be canceled and
retired and may not be reissued.

SEC. 4. USE 33\1/3\ PERCENT OF FEDERAL BUDGET SURPLUS TO INCREASE
              NONDEFENSE DISCRETIONARY SPENDING LIMITS.

    For the first fiscal year following each fiscal year (beginning
after this Act takes effect) for which there is a Federal budget
surplus, the Director of the Office of Management and Budget shall
increase (on a pro rata basis between the applicable nondefense
categories for that fiscal year) the discretionary spending limit for
new budget authority under section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 by an amount equal to 33\1/3\
percent of such surplus and shall adjust the outlays flowing from that
budget authority accordingly.

SEC. 5. EFFECTIVE DATE BASED ON SOLVENCY OF SOCIAL SECURITY TRUST
              FUNDS.

    This Act and the amendments made by this Act shall take effect on
the date on which the Board of Trustees of the Federal Old Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund determines (using intermediate assumptions) that both the
Federal Old Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are in close actuarial balance through
the year 2070. Such determination shall be included in the first annual
report of such Board made after such determination is made.

Summary: Budget Surplus Dividend Act of 1998 - Amends the Internal Revenue Code to allow, upon a specified determination of budgetary surplus, a credit equal to a certain percentage of a taxpayer's annual social security taxes. Provides for the use of budgetary surplus to reduce public debt and increase nondefense discretionary spending.

Budget Surplus Dividend Act of 1998