SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Afghanistan and Central Asian
Republics Sustainable Food Production Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) abject poverty and the inability to produce food, even
        at the subsistence level, in the rural, mountainous areas of
        Afghanistan and the Central Asian Republics have plagued the
        region for over 20 years;
            (2) extended food shortages in this region have resulted in
        the consumption of seed supplies and breeding livestock
        necessary to continue farming and food production;
            (3) ongoing and violent conflict in the region has badly
        damaged or destroyed the basic irrigation systems necessary for
        food production;
            (4) despite the delivery of over $185,000,000 in aid from
        the United States in fiscal year 2001 toward humanitarian
        assistance needs in Afghanistan, millions of people remain at
        risk of severe malnutrition and starvation in the short- and
        long-terms;
            (5) on October 4, 2001, President George W. Bush announced
        that the people of Afghanistan, and the governments of
        Pakistan, Iran, Tajikistan, Uzbekistan, and Turkmenistan will
        receive an additional $320,000,000 humanitarian assistance
        package for emergency food and refugee assistance to address
        the region's immediate needs during the war on terrorism; and
            (6) in addition to addressing short-term emergency
        assistance needs in Afghanistan and the mountainous regions of
        the Central Asian Republics, addressing the long-term food
        production and rural development issues in region will be
        critical to attaining some stability in the region.

SEC. 3. ASSISTANCE.

    (a) Assistance.--The Administrator of the United States Agency for
International Development shall provide assistance in accordance with
the provisions of this Act to develop sustainable food production for
Afghanistan and the mountainous regions of other countries of Central
Asia through restocking seed, replacing breeding livestock, restoring
basic irrigation systems, and providing access to credit for food
production, processing, or marketing enterprises through rural
microenterprise loan programs.
    (b) Program Objectives.--
            (1) In general.--In providing assistance under subsection
        (a), the Administrator shall provide only grants to
        nongovernmental organizations for the purpose of carrying out
        the activities described in paragraph (2) in Afghanistan and
        the other countries of Central Asia in accordance with this
        section.
            (2) Activities supported.--
                    (A) In general.--Among the activities for which the
                Administrator may provide grants shall be--
                            (i) procurement of seed for local food
                        production;
                            (ii) replacement of breeding livestock;
                            (iii) restoration of basic irrigation
                        systems;
                            (iv) establishment of access to credit for
                        food production, processing, or marketing
                        enterprises through rural microenterprise loan
                        programs; and
                            (v) providing technical assistance.
                    (B) Limitation.--Amounts received under a grant
                shall not be used to carry out activities related to
                emergencies or disasters.
            (3) Applications.--A nongovernmental organization that
        desires to receive a grant under this section shall submit an
        application for the grant to the Administrator. The application
        should be developed by the nongovernmental organization in
        close consultation with local indigenous entities, or
        associated persons of a village or villages, located in the
        country within which the activities supported by the grant will
        be carried out.
            (4) Implementation of program objectives.--In carrying out
        the objectives of paragraph (1), the Administrator shall--
                    (A) coordinate the activities with governments of
                other countries authorized to receive grants under this
                section, local and regional governments of such
                countries, nongovernmental organizations operating in
                such countries, and private donors;
                    (B) provide minimal supplementary grants for
                associated administrative costs to the national and
                regional governments of the country for which grants to
                nongovernmental organizations are approved under this
                section;
                    (C) provide oversight of grants disbursed under
                this section, including procedures under which a
                nongovernmental organization that misuses grant funds
                or otherwise fails to adequately carry out the
                activities described in paragraph (2) should be
                disqualified from receiving additional grants under
                this section for not less than 1 year; and
                    (D) coordinate efforts with national, regional, and
                local government officials to conduct an annual review
                of disbursement of grant funds and the effectiveness of
                activities carried out with grant funds.
    (c) Restriction Relating to the Use of United States Funds in
Afghanistan.--Funds made available under this Act shall not be used
during a fiscal year for any activity in Afghanistan which is described
in subsection (b)(2) unless the Secretary of State certifies for the
fiscal year that there has been substantial progress made toward the
establishment of a government in Afghanistan that meets the following
requirements:
            (1) The government includes broad representation from the
        diverse ethnic and religious groups of Afghanistan, including
        both men and women from such groups.
            (2) The government does not sponsor terrorism or harbor
        terrorists.
            (3) The government demonstrates a strong and determined
        commitment to eliminating the production of opium-producing
        poppies.
            (4) The government meets the conditions outlined in the
        United Nations Universal Declaration of Human Rights.

SEC. 4. ADMINISTRATION.

    It is the sense of the Congress that the Administrator should
establish--
            (1) criteria for the selection of projects to receive
        support under this Act;
            (2) standards and criteria regarding qualifications of
        recipients of such support;
            (3) such rules and procedures as may be necessary for
        projects that receive support under this Act;
            (4) such rules and procedures as may be necessary to ensure
        transparency and accountability in the grant-making process;
        and
            (5) criteria for an annual review process for all projects
        receiving grants.

SEC. 5. REPORTS TO CONGRESS.

    (a) Annual Reports by Administrator.--
            (1) In general.--Not later than 1 year after the date of
        the enactment of this Act, and annually thereafter for the
        subsequent 4 fiscal years, the Administrator shall submit to
        the appropriate committees of Congress a report on the
        implementation of this Act.
            (2) Report elements.--The report shall include a
        description of--
                    (A) the programs, projects, and activities
                supported by grants made under this Act;
                    (B) the criteria that have been established that
                are used to determine the programs and activities that
                should be assisted by grants made under this Act;
                    (C) an assessment regarding the extent to which the
                Government of Afghanistan does or does not meet the
                requirements of section 3(c) for that fiscal year; and
                    (D) with respect to a fiscal year for which
                Afghanistan is eligible to receive a grant under
                section 3, the impact of programming on food production
                and rural development in Afghanistan.
    (b) GAO Report on Effectiveness.--Not later than 2 years after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of Congress a
report evaluating the effectiveness of grants made under this Act,
including the effectiveness of the programs, projects, and activities
described in subsection (a)(2)(A) in building sustainable food
production and rural microenterprise loans in the countries authorized
to receive grants under this section.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any other funds authorized to be appropriated for
bilateral programs related to sustainable food production and
microenterprise systems, there is authorized to be appropriated to the
Administrator $25,000,000 for fiscal year 2002 and $50,000,000 for each
of the fiscal years 2003 through 2006 to carry out this Act. Of the
amount appropriated pursuant to the authorization of appropriations
under the preceding sentence for a fiscal year 60 percent should be
designated for grants for Afghanistan.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the United States Agency for International
        Development.
            (2) Appropriate committees.--The term ``appropriate
        committees'' means the Committee on Foreign Relations and the
        Committee on Appropriations of the Senate and the Committee on
        International Relations and the Committee on Appropriations of
        the House of Representatives.
            (3) Other countries of central asia.--The term ``other
        countries of Central Asia'' means Kyrgyzstan, Pakistan,
        Tajikistan, Turkmenistan, and Uzbekistan.

Summary: Afghanistan and Central Asian Republics Sustainable Food Production Act of 2001 - Directs the Administrator of the United States Agency for International Development to provide financial assistance to nongovernmental organizations carrying out rural developmental activities in Afghanistan, Kyrgyzstan, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. Stipulates the aid shall be used for: (1) restocking seed, (2) replacing breeding livestock, (3) restoring basic irrigation systems. (4) providing access to credit for food production, processing or marketing enterprises through rural microenterprise loan programs. And (5) technical assistance. Places human rights and other conditions on the government of Afghanistan for projects to be funded in Afghanistan.

To provide assistance to address long-term food production and rural development needs in Afghanistan and the Central Asian Republics.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Patient Empowerment Act''.

SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS.

    (a) In General.--Section 1802 of the Social Security Act (42 U.S.C.
1395a) is amended to read as follows:

       ``freedom of choice and contracting by patient guaranteed

    ``Sec. 1802.  (a) Basic Freedom of Choice.--Any individual entitled
to insurance benefits under this title may obtain health services from
any institution, agency, or person qualified to participate under this
title if such institution, agency, or person undertakes to provide that
individual such services.
    ``(b) Freedom To Contract by Medicare Beneficiaries.--
            ``(1) In general.--Subject to the provisions of this
        subsection, nothing in this title shall prohibit a Medicare
        beneficiary from entering into a contract with a participating
        or non-participating physician or practitioner for any item or
        service covered under this title.
            ``(2) Submission of claims.--Any Medicare beneficiary that
        enters into a contract under this section shall be permitted to
        submit a claim for payment under this title, and such payment
        shall be made in the amount that would otherwise apply under
        this title if such claim had been filed by a participating
        physician or practitioner (as defined in section 1842(i)(2)) in
        the payment area where the physician or practitioner covered by
        the contract resides. Payment made under this title for any
        item or service provided under the contract shall not render
        the physician a participating or non-participating physician,
        and as such, requirements of this title that may otherwise
        apply to a participating or non-participating physician would
        not apply with respect to any items or services furnished under
        the contract.
            ``(3) Beneficiary protections.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                any contract unless--
                            ``(i) the contract is in writing, is signed
                        by the Medicare beneficiary and the physician
                        or practitioner, and establishes all terms of
                        the contract (including specific payment for
                        physicians' services covered by the contract)
                        before any item or service is provided pursuant
                        to the contract, and the beneficiary shall be
                        held harmless for any subsequent payment
                        charged for a service in excess of the amount
                        established under the contract during the
                        period the contract is in effect;
                            ``(ii) the contract contains the items
                        described in subparagraph (B); and
                            ``(iii) the contract is not entered into at
                        a time when the Medicare beneficiary is facing
                        an emergency medical condition or urgent health
                        care situation.
                    ``(B) Items required to be included in contract.--
                Any contract to provide items and services to which
                paragraph (1) applies shall clearly indicate to the
                Medicare beneficiary that by signing such contract the
                beneficiary--
                            ``(i) agrees to be responsible for payment
                        to such physician or practitioner for such
                        items or services under the terms of and
                        amounts established under the contract;
                            ``(ii) agrees to be responsible for
                        submitting claims under this title to the
                        Secretary, and to any other supplemental
                        insurance plan that may provide supplemental
                        insurance, for such items or services furnished
                        under the contract if such items or services
                        are covered by this title, unless otherwise
                        provided in the contract under subparagraph
                        (C)(i); and
                            ``(iii) acknowledges that no limits or
                        other payment incentives that may otherwise
                        apply under this title (such as the limits
                        under subsection (g) of section 1848 or
                        incentives under subsection (a)(5), (m), (q),
                        and (p) of such section) shall apply to amounts
                        that may be charged, or paid to a beneficiary
                        for, such items or services.
                Such contract shall also clearly indicate whether the
                physician or practitioner is excluded from
                participation under the Medicare program under section
                1128.
                    ``(C) Beneficiary elections under the contract.--
                Any Medicare beneficiary that enters into a contract
                under this section may elect to negotiate, as a term of
                the contract, a provision under which--
                            ``(i) the physician or practitioner shall
                        file claims on behalf of the beneficiary with
                        the Secretary and any supplemental insurance
                        plan for items or services furnished under the
                        contract if such items or services are covered
                        under this title or under the plan; and
                            ``(ii) the beneficiary assigns payment to
                        the physician for any claims filed by, or on
                        behalf of, the beneficiary with the Secretary
                        and any supplemental insurance plan for items
                        or services furnished under the contract.
                    ``(D) Exclusion of dual eligible individuals.--
                Paragraph (1) shall not apply to any contract if a
                beneficiary who is eligible for medical assistance
                under title XIX is a party to the contract.
            ``(4) Limitation on actual charge and claim submission
        requirement not applicable.--Section 1848(g) shall not apply
        with respect to any item or service provided to a Medicare
        beneficiary under a contract described in paragraph (1).
            ``(5) Construction.--Nothing in this section shall be
        construed to prohibit any physician or practitioner from
        maintaining an election and acting as a participating or non-
        participating physician or practitioner with respect to any
        patient not covered under a contract established under this
        section.
            ``(6) Definitions.--In this subsection:
                    ``(A) Medicare beneficiary.--The term `Medicare
                beneficiary' means an individual who is entitled to
                benefits under part A or enrolled under part B.
                    ``(B) Physician.--The term `physician' has the
                meaning given such term by paragraphs (1), (2), (3),
                and (4) of section 1861(r).
                    ``(C) Practitioner.--The term `practitioner' means
                a practitioner described in section 1842(b)(18)(C).
                    ``(D) Emergency medical condition.--The term
                `emergency medical condition' means a medical condition
                manifesting itself by acute symptoms of sufficient
                severity (including severe pain) such that a prudent
                layperson, with an average knowledge of health and
                medicine, could reasonably expect the absence of
                immediate medical attention to result in--
                            ``(i) serious jeopardy to the health of the
                        individual or, in the case of a pregnant woman,
                        the health of the woman or her unborn child;
                            ``(ii) serious impairment to bodily
                        functions; or
                            ``(iii) serious dysfunction of any bodily
                        organ or part.
                    ``(E) Urgent health care situation.--The term
                `urgent health care situation' means services furnished
                to an individual who requires services to be furnished
                within 12 hours in order to avoid the likely onset of
                an emergency medical condition.''.

SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIAN AND
              PRACTITIONER SERVICES.

    (a) In General.--No State may impose a limit on the amount of
charges for services, furnished by a physician or practitioner, for
which payment is made under section 1848 of the Social Security Act (42
U.S.C. 1395w-4), and any such limit is hereby preempted.
    (b) State.--In this section, the term ``State'' includes the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, and
American Samoa.

Summary: Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides. Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service. And (2) submit a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf. Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.

A bill to amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and physicians or practitioners to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``True Cost of War Act of 2011''.

SEC. 2. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND
              OPERATION ENDURING FREEDOM.

    (a) Findings.--Congress makes the following findings:
            (1) The United States has been engaged in military
        operations in Afghanistan since October 2001 as Operation
        Enduring Freedom and in military operations in Iraq since March
        2003 as Operation Iraqi Freedom and its successor contingency
        operation, Operation New Dawn.
            (2) According to the Congressional Research Service,
        through fiscal year 2010, Congress has appropriated
        $1,087,000,000,000 for the Department of Defense, for the State
        Department, and for medical costs paid by the Department of
        Veterans Affairs. This amount includes $751,000,000,000 related
        to operations in Iraq and $336,000,000,000 related to
        operations in Afghanistan.
            (3) Over 90 percent of the funds appropriated for the
        Department of Defense for operations in Iraq and Afghanistan
        have been provided as supplemental or additional appropriations
        and designated as an emergency funding requirement.
            (4) The Congressional Budget Office and the Congressional
        Research Service have stated that future costs for operations
        in Iraq and Afghanistan are difficult to estimate because the
        Department of Defense provides little information on costs
        incurred to date and does not report outlays or actual
        expenditure for operations in Iraq and Afghanistan (because war
        and baseline funds are mixed in the same accounts) and because
        of a lack of information from the Department of Defense on many
        of the key factors that determine costs, including personnel
        levels and the pace of operations.
            (5) Over 2,000,000 members of the United States Armed
        Forces have served in Afghanistan and Iraq since the beginning
        of the conflicts.
            (6) Over 4,400 members of the Armed Forces and Department
        of Defense civilian personnel have been killed in Operation
        Iraqi Freedom, and over 1,400 members of the Armed Forces and
        Department of Defense civilian personnel have been killed in
        Operation Enduring Freedom in Afghanistan.
            (7) Over 1,620 members of the Armed Forces have suffered
        amputations as a result of wounds or other injuries incurred in
        Afghanistan or Iraq.
            (8) More than 243,685 veterans of military service in Iraq
        and Afghanistan have been treated for mental health conditions,
        more than 66,900 of these veterans have been diagnosed with
        post-traumatic stress disorder, and approximately 178,876 of
        these veterans have a confirmed traumatic brain injury
        diagnosis.
            (9) Approximately 46 percent of veterans of military
        service in Iraq and Afghanistan have sought treatment at a
        Department of Veterans Affairs hospital or medical clinic.
            (10) The Independent Review Group on Rehabilitative Care
        and Administrative Processes at Walter Reed Army Medical Center
        and National Naval Medical Center identified traumatic brain
        injury, post-traumatic stress disorder, increased survival of
        severe burns, and traumatic amputations as the four signature
        wounds of the current conflicts, and the Independent Review
        Group report states that the recovery process ``can take months
        or years and must accommodate recurring or delayed
        manifestations of symptoms, extended rehabilitation and all the
        life complications that emerge over time from such trauma''.
    (b) Report Requirement.--Not later than 90 days after the date of
the enactment of this Act, the President, with contributions from the
Secretary of Defense, the Secretary of State, and the Secretary of
Veterans Affairs, shall submit to Congress a report containing an
estimate of the long-term costs of Operation New Dawn (the successor
contingency operation to Operation Iraqi Freedom) and Operation
Enduring Freedom for each the following scenarios:
            (1) The scenario in which the number of members of the
        Armed Forces deployed in support of Operation New Dawn and
        Operation Enduring Freedom is reduced from roughly 190,000 in
        2011 to 150,000 in 2012, 65,000 in 2013, and 30,000 by the
        beginning of 2014, and remains at 30,000 through 2020.
            (2) The scenario in which the number of members of the
        Armed Forces deployed in support of Operation New Dawn and
        Operation Enduring Freedom rises to approximately 235,000 in
        2011, is reduced to 230,000 in 2012, 195,000 in 2013, 135,000
        in 2014, 80,000 in 2015, 60,000 in 2016, and remains at 60,000
        through 2020.
            (3) An alternative scenario, determined by the President
        and based on current contingency operation and withdrawal
        plans, which takes into account expected force levels and the
        expected length of time that members of the Armed Forces will
        be deployed in support of Operation New Dawn and Operation
        Enduring Freedom.
    (c) Estimates To Be Used in Preparation of Report.--In preparing
the report required by subsection (b), the President shall make
estimates and projections through at least fiscal year 2020, adjust any
dollar amounts appropriately for inflation, and take into account and
specify each of the following:
            (1) The total number of members of the Armed Forces
        expected to be deployed in support of Operation New Dawn and
        Operation Enduring Freedom, including--
                    (A) the number of members of the Armed Forces
                actually deployed in Southwest Asia in support of
                Operation New Dawn and Operation Enduring Freedom;
                    (B) the number of members of reserve components of
                the Armed Forces called or ordered to active duty in
                the United States for the purpose of training for
                eventual deployment in Southwest Asia, backfilling for
                deployed troops, or supporting other Department of
                Defense missions directly or indirectly related to
                Operation New Dawn or Operation Enduring Freedom; and
                    (C) the break-down of deployments of members of the
                regular and reserve components and activation of
                members of the reserve components.
            (2) The number of members of the Armed Forces, including
        members of the reserve components, who have previously served
        in support of Operation Iraqi Freedom, Operation New Dawn, or
        Operation Enduring Freedom and who are expected to serve
        multiple deployments.
            (3) The number of contractors and private military security
        firms that have been used and are expected to be used during
        the course of Operation Iraqi Freedom, Operation New Dawn, and
        Operation Enduring Freedom.
            (4) The number of veterans currently suffering and expected
        to suffer from post-traumatic stress disorder, traumatic brain
        injury, or other mental injuries.
            (5) The number of veterans currently in need of and
        expected to be in need of prosthetic care and treatment because
        of amputations incurred during service in support of Operation
        Iraqi Freedom, Operation New Dawn, or Operation Enduring
        Freedom.
            (6) The current number of pending Department of Veterans
        Affairs claims from veterans of military service in Iraq and
        Afghanistan, and the total number of such veterans expected to
        seek disability compensation from the Department of Veterans
        Affairs.
            (7) The total number of members of the Armed Forces who
        have been killed or wounded in Iraq or Afghanistan, including
        noncombat casualties, the total number of members expected to
        suffer injuries in Iraq and Afghanistan, and the total number
        of members expected to be killed in Iraq and Afghanistan,
        including noncombat casualties.
            (8) The amount of funds previously appropriated for the
        Department of Defense, the Department of State, and the
        Department of Veterans Affairs for costs related to Operation
        Iraqi Freedom, Operation New Dawn, and Operation Enduring
        Freedom, including an account of the amount of funding from
        regular Department of Defense, Department of State, and
        Department of Veterans Affairs budgets that has gone and will
        go to costs associated with such operations.
            (9) Current and future operational expenditures associated
        with Operation New Dawn and Operation Enduring Freedom,
        including--
                    (A) funding for combat operations;
                    (B) deploying, transporting, feeding, and housing
                members of the Armed Forces (including fuel costs);
                    (C) activation and deployment of members of the
                reserve components of the Armed Forces;
                    (D) equipping and training of Iraqi and Afghani
                forces;
                    (E) purchasing, upgrading, and repairing weapons,
                munitions, and other equipment consumed or used in
                Operation Iraqi Freedom, Operation New Dawn, or
                Operation Enduring Freedom; and
                    (F) payments to other countries for logistical
                assistance in support of such operations.
            (10) Past, current, and future costs of entering into
        contracts with private military security firms and other
        contractors for the provision of goods and services associated
        with Operation Iraqi Freedom, Operation New Dawn, and Operation
        Enduring Freedom.
            (11) Average annual cost for each member of the Armed
        Forces deployed in support of Operation Iraqi Freedom,
        Operation New Dawn, or Operation Enduring Freedom, including
        room and board, equipment and body armor, transportation of
        troops and equipment (including fuel costs), and operational
        costs.
            (12) Current and future cost of combat-related special pays
        and benefits, including reenlistment bonuses.
            (13) Current and future cost of calling or ordering members
        of the reserve components to active duty in support of
        Operation New Dawn or Operation Enduring Freedom.
            (14) Current and future cost for reconstruction, embassy
        operations and construction, and foreign aid programs for Iraq
        and Afghanistan.
            (15) Current and future cost of bases and other
        infrastructure to support members of the Armed Forces serving
        in Iraq and Afghanistan.
            (16) Current and future cost of providing health care for
        veterans who served in support of Operation Iraqi Freedom,
        Operation New Dawn, or Operation Enduring Freedom, including--
                    (A) the cost of mental health treatment for
                veterans suffering from post-traumatic stress disorder
                and traumatic brain injury, and other mental problems
                as a result of such service; and
                    (B) the cost of lifetime prosthetics care and
                treatment for veterans suffering from amputations as a
                result of such service.
            (17) Current and future cost of providing Department of
        Veterans Affairs disability benefits for the lifetime of
        veterans who incur disabilities while serving in support of
        Operation Iraqi Freedom, Operation New Dawn, or Operation
        Enduring Freedom.
            (18) Current and future cost of providing survivors'
        benefits to survivors of members of the Armed Forces killed
        while serving in support of Operation Iraqi Freedom, Operation
        New Dawn, or Operation Enduring Freedom.
            (19) Cost of bringing members of the Armed Forces and
        equipment back to the United States upon the conclusion of
        Operation New Dawn and Operation Enduring Freedom, including
        the cost of demobilization, transportation costs (including
        fuel costs), providing transition services for members of the
        Armed Forces transitioning from active duty to veteran status,
        transporting equipment, weapons, and munitions (including fuel
        costs), and an estimate of the value of equipment that will be
        left behind.
            (20) Cost to restore the military and military equipment,
        including the equipment of the reserve components, to full
        strength after the conclusion of Operation New Dawn or
        Operation Enduring Freedom.
            (21) Amount of money borrowed to pay for Operation Iraqi
        Freedom, Operation New Dawn, and Operation Enduring Freedom,
        and the sources of that money.
            (22) Interest on money borrowed, including interest for
        money already borrowed and anticipated interest payments on
        future borrowing, for Operation Iraqi Freedom, Operation New
        Dawn, and Operation Enduring Freedom.

Summary: True Cost of War Act of 2011 - Directs the President, with contributions from the Secretary of Defense (DOD), the Secretary of State, and the Secretary of Veterans Affairs (VA), to report to Congress an estimate of the long-term costs of Operation New Dawn and Operation Enduring Freedom under three specified scenarios based on the number of US troops deployed in such operations, as well as contingency operation and withdrawal plans. Requires the President, in preparing such report, to make estimates and projections through at least FY2020, and to take into account specified cost factors, including: (1) the deployment of US military personnel, contractors, and private security firms. (2) the number of veterans in need of medical or mental health care due to injuries and illnesses, (3) pending veterans' disability compensation claims, (4) total casualties and injuries, (5) current and future operational expenses and related costs. And (6) the amount of money borrowed to pay for such operations, the sources of that money, and the interest on the money borrowed.

To direct the President to submit to Congress a report on the long-term costs of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom in Iraq and Afghanistan, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Defense Support to
Catastrophic Incident Response Act of 2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States faces real threats of man-made and
        natural disasters which could result in catastrophic
        consequences to the Nation, its resources, and its people.
        Because of the scale of the potential consequences of these
        threats, they may constitute threats to national security and
        will require the full range of Federal resources to save lives,
        minimize human suffering, protect property, and mitigate
        damage.
            (2) Because of its manpower, communications, logistics, and
        other capabilities, the Department of Defense is uniquely
        suited to provide critical support to other departments and
        agencies of the Federal Government, State and local
        governments, and governments of the Commonwealths and
        possessions of the United States in response to a catastrophic
        incident in the United States.
            (3) Planning and preparation for and execution of civil
        support operations in responding to catastrophic incidents in
        support of the Department of Homeland Security and State and
        local governments is a national security issue.
            (4) A successful response to catastrophic incidents in the
        United States requires coordinated strategic plans and detailed
        operational plans with specific tasking and sourcing. The
        Department of Defense must develop such plans and should
        maintain the required units and assets at the appropriate level
        of readiness in order to deliver the capabilities which will be
        required in a response led by the Department of Homeland
        Security.
            (5) The National Guard and Reserves are forward-deployed in
        communities throughout the United States, are integrated with
        State and local governments, and have considerable homeland-
        related capabilities. The Department of Defense and the United
        States Northern Command must therefore consider the plans and
        capabilities of the National Guard and Reserves, and State and
        local governments, in plans for civil support operations.

SEC. 3. DEPARTMENT OF DEFENSE SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES
              IN RESPONSE TO CATASTROPHIC INCIDENTS IN THE UNITED
              STATES.

    (a) Support Authorized.--Part I of subtitle A of title 10, United
States Code, is amended by inserting after chapter 18 the following new
chapter:

 ``CHAPTER 19--SUPPORT OF DOMESTIC CIVILIAN AUTHORITIES IN RESPONSE TO
              CATASTROPHIC INCIDENTS IN THE UNITED STATES

``Sec.
``390. Department of Defense support of domestic civilian authorities
                            in response to catastrophic incidents in
                            the United States.
``Sec. 390. Department of Defense support of domestic civilian
              authorities in response to catastrophic incidents in the
              United States
    ``(a) In General.--Subject to the authority, direction, and control
of the President, the Department of Defense shall undertake civil
support operations in response to catastrophic incidents in the United
States.
    ``(b) Plans for Support.--(1) For purposes of carrying out the
requirement in subsection (a), the Secretary of Defense shall, in
conjunction with the Secretary of Homeland Security, develop
comprehensive plans for civil support operations.
    ``(2) The plans required under this subsection shall include
strategies for the use of the armed forces, including units and
personnel of the regular components of the armed forces, units and
personnel of the National Guard (including personnel on active duty
under this title, in status under title 32, and in State status,
consistent with section 1814(c) of the National Defense Authorization
Act for Fiscal Year 2008 (10 U.S.C. 113 note)), units and personnel of
the other reserve components of the armed forces, the civilian
personnel of the Department of Defense, and, if the Secretary considers
it appropriate for purposes of the plans, contractors of the Department
of Defense.
    ``(3) The plans required under this subsection shall be developed
in coordination with other departments and agencies of the Federal
Government with homeland security responsibilities as part of an
established national planning process and shall include the development
of operations plans required by section 653(b) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 753(b)).
    ``(4) The plans required under this subsection shall be developed
to execute strategic requirements established by the Secretary of
Homeland Security though an established national planning process.
    ``(c) Implementation and Execution of Plans.--In implementing the
plans developed under subsection (b), the Secretary of Defense shall--
            ``(1) ensure that--
                    ``(A) the Department of Defense is organized and
                equipped with the capabilities and resources required
                to execute the plans; and
                    ``(B) the capabilities and resources referred to in
                subparagraph (A) are available, accessible, and
                maintained at the appropriate readiness status to
                enable deployment in accordance with the plans; and
            ``(2) ensure that any capabilities and resources identified
        under paragraph (1)(A), when appropriate, train and participate
        in exercises, including--
                    ``(A) exercises administered under the national
                exercise program carried out under section 648(b) of
                the Post-Katrina Emergency Management Reform Act of
                2006 (6 U.S.C. 748(b)); and
                    ``(B) other exercises determined appropriate by the
                Secretary of Defense to ensure such capabilities and
                resources are maintained at the appropriate state of
                readiness.
    ``(d) Budget.--The budget of the Department of Defense for any
fiscal year (as submitted to Congress pursuant to section 1105 of title
31) shall include a request for funds sufficient to carry out the
requirements of this section in such fiscal year. The request for a
fiscal year under this subsection shall set forth separately the
following:
            ``(1) Each component, program, or activity of the
        Department of Defense that will carry out the requirements of
        this section in such fiscal year.
            ``(2) The amount requested for each such component,
        program, or activity to carry out such requirements in such
        fiscal year.
    ``(e) Construction.--Nothing in this section shall be construed as
prohibiting or limiting the authority of the Department of Defense to
provide support operations in response to a disaster or incident that
is not a catastrophic incident as otherwise provided by law.
    ``(f) Reports.--(1) Not later than one year after the date of the
enactment of this section, and every two years thereafter, the
Secretary of Defense shall submit to the appropriate committees of
Congress a report on the implementation of the requirements of this
section, including a discussion of the development and implementation
of the plans required by subsection (b).
    ``(2) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
    ``(g) Definitions.--In this section:
            ``(1) The term `catastrophic incident' has the meaning
        given that term in section 501(3) of the Homeland Security Act
        of 2002 (6 U.S.C. 311(3)).
            ``(2) The term `civil support operation' means a mission
        performed by the Department of Defense in support of other
        departments or agencies of the Federal Government, State or
        local governments, or governments of the Commonwealths or
        possessions of the United States in their efforts to prevent,
        protect against, prepare for, respond to, and recover from
        natural disasters, acts of terrorism, and other man-made
        disasters.''.
    (b) Clerical Amendments.--The tables of chapters at the beginning
of title, United States Code, and at the beginning of part I of
subtitle A of such title, are each amended by inserting after the item
relating to chapter 18 the following new item:

``19. Support of Domestic Civilian Authorities in Response      390.''.
                            to Catastrophic Incidents in the
                            United States.

SEC. 4. QUADRENNIAL DEFENSE REVIEW MATTERS.

    Section 118 of title 10, United States Code, is amended--
            (1) by transferring subsection (g), as added by section
        942(d) of the National Defense Authorization Act for Fiscal
        Year 2008 (Public Law 110-181; 122 Stat. 288), to the end of
        such section 118 and redesignating such subsection, as so
        transferred, as subsection (i); and
            (2) by inserting after subsection (g), as added by section
        951(a) of the National Defense Authorization Act for Fiscal
        Year 2008 (122 Stat. 290), the following new subsection:
    ``(h) Consideration of Department of Defense Roles and
Responsibilities in Responding to Catastrophic Incidents.--(1) The
first national security strategy and national defense strategy prepared
after the date of the enactment of this subsection shall include
guidance for military planners--
            ``(A) to determine the appropriate roles and
        responsibilities of the Department of Defense, in coordination
        with and in support of the Department of Homeland Security and
        other departments and agencies of the Federal Government with
        homeland security responsibilities and with State, local, and
        tribal governments, in responding to catastrophic incidents;
            ``(B) to update defense plans based on such determinations,
        including working with the Department of Homeland Security and
        other departments and agencies of the Federal Government with
        homeland security responsibilities in responding to such
        incidents; and
            ``(C) to develop the capabilities needed to execute such
        plans.
    ``(2) The first quadrennial defense review prepared after the date
of the enactment of this subsection shall examine the capabilities of
the armed forces to support civil authorities in responding to
catastrophic incidents.
    ``(3) In this subsection:
            ``(A) The term `catastrophic incident' has the meaning
        given that term in section 501(3) of the Homeland Security Act
        of 2002 (6 U.S.C. 311(3)).
            ``(B) The term `national security strategy' means the
        annual national security strategy report of the President under
        section 108 of the National Security Act of 1947 (50 U.S.C.
        404a).''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act may be
construed--
            (1) to modify the restrictions on the role of the
        Department of Defense in law enforcement operations within the
        United States;
            (2) to affect the authority of the Governor of a State to
        respond to a natural disaster, act of terrorism, or other man-
        made disaster within the United States; or
            (3) to affect the authority of the Governor of a State to
        exercise command and control over the National Guard of that
        State while in State status or in title 32, United States Code,
        status.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The term ``catastrophic incident'' has the meaning
        given that term in section 501(3) of the Homeland Security Act
        of 2002 (6 U.S.C. 311(3)).
            (2) The term ``civil support operation'' means a mission
        performed by the Department of Defense in support of other
        departments or agencies of the Federal Government, State or
        local governments, or governments of the Commonwealths or
        possessions of the United States in their efforts to prevent,
        protect against, prepare for, respond to, and recover from
        natural disasters, acts of terrorism, and other man-made
        disasters.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act.

Summary: Ensuring Defense Support to Catastrophic Incident Response Act of 2008 - Directs the Department of Defense (DOD) to undertake civil support operations in response to catastrophic incidents in the United States. Requires: (1) the Secretary of Defense to develop comprehensive plans for such operations, including strategies for the use of the Armed Forces and civilian personnel and contractors of DOD. (2) the annual DOD budget to include a separate funding request for carrying out such operations. And (3) the first national security strategy and national defense strategy prepared after the enactment of this Act to include, among other things, DOD roles and responsibilities in responding to catastrophic incidents.

A bill to amend title 10, United States Code, to establish the responsibility of the Department of Defense to plan for and respond to catastrophic incidents in the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Setting Aside for a Valuable
Education (SAVE) Act''.

SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM
              QUALIFIED STATE TUITION PROGRAMS.

    (a) In General.--Subparagraph (B) of section 529(c)(3) of the
Internal Revenue Code of 1986 (relating to distributions) is amended to
read as follows:
                    ``(B) Distributions for qualified higher education
                expenses.--For purposes of this paragraph--
                            ``(i) In-kind distributions.--No amount
                        shall be includible in gross income under
                        subparagraph (A) by reason of a distribution
                        which consists of providing a benefit to the
                        distributee which, if paid for by the
                        distributee, would constitute payment of a
                        qualified higher education expense.
                            ``(ii) Cash distributions.--In the case of
                        distributions not described in clause (i), if--
                                    ``(I) such distributions do not
                                exceed the qualified higher education
                                expenses (reduced by expenses described
                                in clause (i)), no amount shall be
                                includible in gross income, and
                                    ``(II) in any other case, the
                                amount otherwise includible in gross
                                income shall be reduced by an amount
                                which bears the same ratio to such
                                amount as such expenses bear to such
                                distributions.
                            ``(iii) Exception for institutional
                        programs.--In the case of any taxable year
                        beginning before January 1, 2004, clauses (i)
                        and (ii) shall not apply with respect to any
                        distribution during such taxable year under a
                        qualified State tuition program established and
                        maintained by 1 or more eligible educational
                        institutions.
                            ``(iv) Treatment as distributions.--Any
                        benefit furnished to a designated beneficiary
                        under a qualified State tuition program shall
                        be treated as a distribution to the beneficiary
                        for purposes of this paragraph.
                            ``(v) Coordination with hope and lifetime
                        learning credits.--The total amount of
                        qualified higher education expenses with
                        respect to an individual for the taxable year
                        shall be reduced--
                                    ``(I) as provided in section
                                25A(g)(2), and
                                    ``(II) by the amount of such
                                expenses which were taken into account
                                in determining the credit allowed to
                                the taxpayer or any other person under
                                section 25A.
                            ``(vi) Coordination with education savings
                        accounts.--If, with respect to an individual
                        for any taxable year--
                                    ``(I) the aggregate distributions
                                to which clauses (i) and (ii) and
                                section 530(d)(2)(A) apply, exceed
                                    ``(II) the total amount of
                                qualified higher education expenses
                                otherwise taken into account under
                                clauses (i) and (ii) (after the
                                application of clause (iv)) for such
                                year,
                        the taxpayer shall allocate such expenses among
                        such distributions for purposes of determining
                        the amount of the exclusion under clauses (i)
                        and (ii) and section 530(d)(2)(A).''.
    (b) Conforming Amendments.--
            (1) Section 135(d)(2)(B) of the Internal Revenue Code of
        1986 is amended by striking ``section 530(d)(2)'' and inserting
        ``sections 529(c)(3)(B)(i) and 530(d)(2)''.
            (2) Section 221(e)(2)(A) of such Code is amended by
        inserting ``529,'' after ``135,''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 3. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO MAINTAIN
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Section 529(b)(1) of the Internal Revenue Code of
1986 (defining qualified State tuition program) is amended by inserting
``or by 1 or more eligible educational institutions'' after
``maintained by a State or agency or instrumentality thereof''.
    (b) Private Qualified Tuition Programs Limited to Benefit Plans.--
Clause (ii) of section 529(b)(1)(A) of the Internal Revenue Code of
1986 is amended by inserting ``in the case of a program established and
maintained by a State or agency or instrumentality thereof,'' before
``may make''.
    (c) Additional Requirements for Certain Private Qualified Tuition
Programs.--Section 529(b) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
            ``(8) Additional requirements for certain private qualified
        tuition programs.--A program established and maintained by 1 or
        more eligible educational institutions and described in
        paragraph (1)(A)(ii) shall not be treated as a qualified
        tuition program unless--
                    ``(A) under such program a trust is created or
                organized for the sole purpose of paying the qualified
                higher education expenses of the designated beneficiary
                of the account,
                    ``(B) the written governing instrument creating the
                trust of which the account is a part provides
                safeguards to ensure that contributions made on behalf
                of a designated beneficiary remain available to provide
                for the qualified higher education expenses of the
                designated beneficiary, and
                    ``(C) the trust meets the following requirements:
                            ``(i) Any trustee or person who may under
                        contract operate or manage the trust
                        demonstrates to the satisfaction of the
                        Secretary that the manner in which that trustee
                        or person will administer the trust will be
                        consistent with the requirements of this
                        section.
                            ``(ii) The assets of the trust are not
                        commingled with other property except in a
                        common trust fund or common investment fund.
                            ``(iii) The trust annually prepares and
                        makes available the reports and accountings
                        required by this section. The annual report, at
                        a minimum, includes information on the
                        financial condition of the trust and the
                        investment policy of the trust.
                            ``(iv) Before entering into contracts or
                        otherwise accepting contributions on behalf of
                        a designated beneficiary, the trust obtains an
                        appropriate actuarial report to establish,
                        maintain, and certify that the trust shall have
                        sufficient assets to defray the obligations of
                        the trust and annually makes the actuarial
                        report available to account contributors and
                        designated beneficiaries.
                            ``(v) The trust secures a favorable ruling
                        or opinion issued by the Internal Revenue
                        Service that the trust is in compliance with
                        the requirements of this section.
                            ``(vi) Before entering into contracts or
                        otherwise accepting contributions on behalf of
                        a designated beneficiary, the trust solicits
                        answers to appropriate ruling requests from the
                        Securities and Exchange Commission regarding
                        the application of Federal securities laws to
                        the trust.''.
    (d) Application of Federal Securities Laws to Private Qualified
Tuition Programs.--Section 529(e) of the Internal Revenue Code of 1986
(relating to other definitions and special rules) is amended by adding
at the end the following new paragraph:
            ``(6) Application of federal securities laws to private
        qualified tuition programs.--Nothing in this section shall be
        construed to exempt any qualified tuition program that is not
        established and maintained by a State or agency or
        instrumentality thereof from any of the requirements of the
        Securities Act of 1933 (15 U.S.C 77a et seq.) or the Investment
        Company Act of 1940 (15 U.S.C 80a-1 et seq.).''.
    (e) Conforming Amendments.--
            (1) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529,
        530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of the Internal
        Revenue Code of 1986 are each amended by striking ``qualified
        State tuition'' each place it appears and inserting ``qualified
        tuition''.
            (2) The headings for sections 72(e)(9) and 135(c)(2)(C) of
        such Code are each amended by striking ``qualified state
        tuition'' and inserting ``qualified tuition''.
            (3) The headings for sections 529(b) and 530(b)(2)(B) of
        such Code are each amended by striking ``Qualified state
        tuition'' and inserting ``Qualified tuition''.
            (4) The heading for section 529 of such Code is amended by
        striking ``state''.
            (5) The item relating to section 529 of such Code in the
        table of sections for part VIII of subchapter F of chapter 1 is
        amended by striking ``State''.
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

SEC. 4. OTHER MODIFICATIONS TO QUALIFIED TUITION PROGRAMS.

    (a) Rollover to Different Program for Benefit of Same Designated
Beneficiary.--Section 529(c)(3)(C) of the Internal Revenue Code of 1986
(relating to change in beneficiaries) is amended--
            (1) by striking ``transferred to the credit'' in clause (i)
        and inserting ``transferred--
                                    ``(I) to another qualified tuition
                                program for the benefit of the
                                designated beneficiary, or
                                    ``(II) to the credit'',
            (2) by adding at the end the following new clause:
                            ``(iii) Limitation on certain rollovers.--
                        Clause (i)(I) shall only apply to 1 transfer
                        with respect to a designated beneficiary in any
                        year.'', and
            (3) by inserting ``or programs'' after ``beneficiaries'' in
        the heading.
    (b) Member of Family Includes First Cousin.--Section 529(e)(2) of
the Internal Revenue Code of 1986 (defining member of family) is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and by inserting ``; and'',
and by adding at the end the following new subparagraph:
                    ``(D) any first cousin of such beneficiary.''.
    (c) Adjustment of Limitation on Room and Board Distributions.--
Section 529(e)(3)(B)(ii) of the Internal Revenue Code of 1986 is
amended to read as follows:
                            ``(ii) Limitation.--The amount treated as
                        qualified higher education expenses by reason
                        of clause (i) shall not exceed the greater of--
                                    ``(I) the amount (applicable to the
                                student) included for room and board
                                for such period in the cost of
                                attendance (as defined in section 472
                                of the Higher Education Act of 1965 (20
                                U.S.C. 1087ll), as in effect on the
                                date of the enactment of the Setting
                                Aside for a Valuable Education (SAVE)
                                Act) for the eligible educational
                                institution for such period, or
                                    ``(II) the actual invoice amount
                                the student residing in housing owned
                                or operated by the eligible educational
                                institution is charged by such
                                institution for room and board costs
                                for such period.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.

Summary: Setting Aside for a Valuable Education (SAVE) Act - Amends the Internal Revenue Code to: (1) permit private higher educational institutions, in addition to currently permitted State institutions, to establish qualified tuition programs. (2) exclude from gross income program distributions used for qualified higher education expenses. (3) permit an annual rollover to a different tuition program on behalf of the same beneficiary, (4) include first cousins as a qualifying family member, and (5) revise the room and board limitation.

A bill to amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for distributions from qualified State tuition programs which are used to pay education expenses, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Propaganda Prohibition Act
of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Investigations in 2004 and 2005 by the Government
        Accountability Office revealed that appropriated funds have
        been used in more than one Federal agency to fund ``covert
        propaganda'' that is ``misleading as to source''.
            (2) An independent investigation revealed that the
        Department of Education paid a conservative commentator to
        speak in support of the No Child Left Behind Act during his
        television and radio appearances.
            (3) The American public has been subjected to receiving
        millions of dollars worth of messages in print, television,
        radio, and in person without being informed that the sources
        are not independent.
            (4) There is not enough information about Federal public
        relations and advertising efforts to allow for consistent
        oversight by Congress.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that advertising and public relations
        campaigns paid for with Federal appropriations are unbiased and
        factual, and do not contain a political message or covert
        propaganda;
            (2) to increase the oversight and evaluation of advertising
        campaigns paid for by the Federal Government by requiring that
        agencies provide notice to the appropriate congressional
        committees of all public relations, media relations, and
        advertising contracts;
            (3) to require that all public relations and media outreach
        tools developed by Federal agencies inform the target audience
        of the source of funding for the message; and
            (4) to make permanent the prohibition against spending
        Federal funds on publicity and propaganda that has been
        included in appropriations Acts since 1951.

SEC. 3. NOTIFICATION TO CONGRESS REGARDING CERTAIN CONTRACTS.

    (a) Requirement to Notify Congress Regarding Certain Contracts.--
Not later than 30 days after entering into a covered contract, an
Executive agency shall submit to each covered congressional committee a
written notification containing the name of the contractor, the amount
of the contract, the purpose of the contract, a summary of the
statement of work for the contract, and any other information the
agency considers relevant.
    (b) Requirement to Submit Other Information Upon Request.--Upon
request by the Comptroller General or the chairman or ranking minority
member of any covered congressional committee, an Executive agency that
provided a notification under subsection (a) for a covered contract
shall provide to the person making the request--
            (1) a copy of the covered contract;
            (2) any modifications to the covered contract; and
            (3) any materials produced under the covered contract.
    (c) Covered Contracts.--In this section, the term ``covered
contract'' means a contract with an Executive agency for public
relations, media relations, advertising, or public opinion research
services, or any subcontract for such services under a Federal
contract.
    (d) Covered Congressional Committees.--In this section, the term
``covered congressional committee'', with respect to a notification
submitted by an Executive agency under subsection (a), means each of
the following:
            (1) The Committee on Government Reform of the House of
        Representatives.
            (2) The Committee on Governmental Affairs and Homeland
        Security of the Senate.
            (3) The Committee on Appropriations of the House of
        Representatives.
            (4) The Committee on Appropriations of the Senate.
            (5) Each authorizing committee of the House of
        Representatives and the Senate with jurisdiction over the
        Executive agency submitting the notification.
    (e)  Executive Agency.--In this section, the term ``Executive
agency'' has the meaning provided in section 105 of title 5, United
States Code.

SEC. 4. PROHIBITION ON UNAUTHORIZED EXPENDITURE OF FUNDS FOR PUBLICITY
              OR PROPAGANDA PURPOSES.

    (a) Prohibition.--Chapter 13 of title 31, United States Code, is
amended by adding at the end the following new section:
``Sec. 1355. Prohibition on unauthorized expenditure of funds for
              publicity or propaganda purposes
    ``(a) Prohibition.--An officer or employee of the United States
Government may not make or authorize an expenditure or obligation of
funds for publicity or propaganda purposes within the United States
unless authorized by law.
    ``(b) Penalties.--
            ``(1) Adverse personnel action.--An officer or employee of
        the United States Government violating subsection (a) shall be
        subject to appropriate administrative discipline including,
        when circumstances warrant, suspension from duty without pay or
        removal from office.
            ``(2) Criminal penalty.--An officer or employee of the
        United States Government knowingly and willfully violating
        subsection (a) shall be fined not more than $5,000, imprisoned
        for not more than 2 years, or both.''.
    (b) Clerical Amendment.--The table of sections for chapter 13 of
such title is amended by adding at the end the following new item:

``1355. Prohibition on unauthorized expenditure of funds for publicity
                            or propaganda purposes.''.

SEC. 5. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL
              FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS.

    (a) Requirement.--Each advertisement or other communication paid
for by an Executive agency, either directly or through a contract
awarded by the Executive agency, shall include a prominent notice
informing the target audience that the advertisement or other
communication is paid for by that Executive agency.
    (b) Advertisement or Other Communication.--In this section, the
term ``advertisement or other communication'' includes--
            (1) an advertisement disseminated in any form, including
        print or by any electronic means; and
            (2) a communication by an individual in any form, including
        speech, print, or by any electronic means.
    (c)  Executive Agency.--In this section, the term ``Executive
agency'' has the meaning provided in section 105 of title 5, United
States Code.

Summary: Federal Propaganda Prohibition Act of 2005 - Requires an Executive agency, not later than 30 days after entering into a contract for public relations, media relations, advertising, or public opinion research services, to submit in writing to specified congressional committees the contractor's name, the amount and the purpose of the contract, a summary of the contract, other relevant information, and, upon request: (1) a copy of the covered contract, (2) any contract modifications. And (3) any materials produced under the contract. Prohibits an officer or employee of the US Government from making or authorizing an expenditure or obligation of funds for publicity or propaganda within the United States unless authorized by law. Imposes penalties. Requires each advertisement or other communication paid for by an Executive agency to include a prominent notice that the advertisement or other communication is paid for by that agency.

To require notification to Congress of certain contracts, and to amend title 31, United States Code, to prohibit the unauthorized expenditure of funds for publicity or propaganda purposes.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Eliminating
Improper and Abusive IRS Audits Act of 2014''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Civil damages allowed for reckless or intentional disregard of
                            internal revenue laws.
Sec. 3. Modifications relating to certain offenses by officers and
                            employees in connection with revenue laws.
Sec. 4. Modifications relating to civil damages for unauthorized
                            inspection or disclosure of returns and
                            return information.
Sec. 5. Extension of time for contesting IRS levy.
Sec. 6. Increase in monetary penalties for certain unauthorized
                            disclosures of information.
Sec. 7. Ban on raising new issues on appeal.
Sec. 8. Limitation on enforcement of liens against principal
                            residences.
Sec. 9. Additional provisions relating to mandatory termination for
                            misconduct.
Sec. 10. Extension of declaratory judgment procedures to social welfare
                            organizations.
Sec. 11. Review by the Treasury Inspector General for Tax
                            Administration.

SEC. 2. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF
              INTERNAL REVENUE LAWS.

    (a) Increase in Amount of Damages.--Section 7433(b) of the Internal
Revenue Code of 1986 is amended by striking ``$1,000,000 ($100,000, in
the case of negligence)'' and inserting ``$3,000,000 ($300,000, in the
case of negligence)''.
    (b) Extension of Time To Bring Action.--Section 7433(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``2 years'' and
inserting ``5 years''.
    (c) Effective Date.--The amendments made by this section shall
apply to actions of employees of the Internal Revenue Service after the
date of the enactment of this Act.

SEC. 3. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND
              EMPLOYEES IN CONNECTION WITH REVENUE LAWS.

    (a) Increase in Penalty.--Section 7214 of the Internal Revenue Code
of 1986 is amended--
            (1) by striking ``$10,000'' in subsection (a) and inserting
        ``$25,000'', and
            (2) by striking ``$5,000'' in subsection (b) and inserting
        ``$10,000''.
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 4. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED
              INSPECTION OR DISCLOSURE OF RETURNS AND RETURN
              INFORMATION.

    (a) Increase in Amount of Damages.--Subparagraph (A) of section
7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking
``$1,000'' and inserting ``$10,000''.
    (b) Effective Date.--The amendment made by this section shall apply
to inspections and disclosure occurring on and after the date of the
enactment of this Act.

SEC. 5. EXTENSION OF TIME FOR CONTESTING IRS LEVY.

    (a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is
amended by striking ``9 months'' and inserting ``3 years''.
    (b) Period of Limitation on Suits.--Subsection (c) of section 6532
of the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (1) by striking ``9 months'' and inserting
        ``3 years'', and
            (2) in paragraph (2) by striking ``9-month'' and inserting
        ``3-year''.
    (c) Effective Date.--The amendments made by this section shall
apply to--
            (1) levies made after the date of the enactment of this
        Act, and
            (2) levies made on or before such date if the 9-month
        period has not expired under section 6343(b) of the Internal
        Revenue Code of 1986 (without regard to this section) as of
        such date.

SEC. 6. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
              DISCLOSURES OF INFORMATION.

    (a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
    (b) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.

SEC. 7. BAN ON RAISING NEW ISSUES ON APPEAL.

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

``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
              IN AN INTERNAL APPEAL.

    ``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Office of Appeals may not consider or decide any issue that is
not within the scope of the initial determination.
    ``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
            ``(1) Any issue that was not raised in a notice of
        deficiency or an examiner's report which is the subject of the
        appeal.
            ``(2) Any deficiency in tax which was not included in the
        initial determination.
            ``(3) Any theory or justification for a tax deficiency
        which was not considered in the initial determination.
    ``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
    (b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:

``Sec. 7529. Prohibition on Internal Revenue Service raising new issues
                            in an internal appeal.''.
    (c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Office of Appeals on or after the date of the enactment of this Act.

SEC. 8. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
              RESIDENCES.

    (a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
            (1) by striking ``In any case'' and inserting the
        following:
            ``(1) In general.--In any case'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Limitation with respect to principal residence.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                any property used as the principal residence of the
                taxpayer (within the meaning of section 121) unless the
                Secretary of the Treasury makes a written determination
                that--
                            ``(i) all other property of the taxpayer,
                        if sold, is insufficient to pay the tax or
                        discharge the liability, and
                            ``(ii) such action will not create an
                        economic hardship for the taxpayer.
                    ``(B) Delegation.--For purposes of this paragraph,
                the Secretary of the Treasury may not delegate any
                responsibilities under subparagraph (A) to any person
                other than--
                            ``(i) the Commissioner of Internal Revenue,
                        or
                            ``(ii) a district director or assistant
                        district director of the Internal Revenue
                        Service.''.
    (b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.

SEC. 9. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
              MISCONDUCT.

    (a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
            ``(11) in the case of any review of an application for tax-
        exempt status by an organization described in section 501(c) of
        the Internal Revenue Code of 1986, developing or using any
        methodology that applies disproportionate scrutiny to any
        applicant based on the ideology expressed in the name or
        purpose of the organization.''.
    (b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of Section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 30
days.''.
    (c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.

SEC. 10. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE
              ORGANIZATIONS.

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

SEC. 11. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
              ADMINISTRATION.

    (a) Review.--Subsection (k)(1) of section 8D of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E);
            (3) by inserting after subparagraph (C) the following new
        subparagraph:
                    ``(D) shall--
                            ``(i) review any criteria employed by the
                        Internal Revenue Service to select tax returns
                        (including applications for recognition of tax-
                        exempt status) for examination or audit,
                        assessment or collection of deficiencies,
                        criminal investigation or referral, refunds for
                        amounts paid, or any heightened scrutiny or
                        review in order to determine whether the
                        criteria discriminates against taxpayers on the
                        basis of race, religion, or political ideology;
                        and
                            ``(ii) consult with the Internal Revenue
                        Service on recommended amendments to such
                        criteria in order to eliminate any
                        discrimination identified pursuant to the
                        review described in clause (i); and''; and
            (4) in subparagraph (E), as so redesignated, by striking
        ``and (C)'' and inserting ``(C), and (D)''.
    (b) Semiannual Report.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
            ``(3) Any semiannual report made by the Treasury Inspector
        General for Tax Administration that is required pursuant to
        section 5(a) shall include--
                    ``(A) a statement affirming that the Treasury
                Inspector General for Tax Administration has reviewed
                the criteria described in subsection (k)(1)(D) and
                consulted with the Internal Revenue Service regarding
                such criteria; and
                    ``(B) a description and explanation of any such
                criteria that was identified as discriminatory by the
                Treasury Inspector General for Tax Administration.''.

Summary: Eliminating Improper and Abusive IRS Audits Act of 2014 - Amends the Internal Revenue Code to: (1) increase the maximum amount of civil damages for which Internal Revenue Service (IRS) officers or employees shall be liable for reckless, intentional, or negligent disregard of internal revenue laws and extend the period for bringing a claim for such damages. (2) increase the penalties against federal officers and employees for violations of internal revenue laws and for unauthorized inspection or disclosure of tax returns and return information. (3) extend the period in which taxpayer property that has been wrongfully levied upon may be returned and the period for bringing suit for a wrongful tax levy. (4) increase civil fines for unauthorized disclosures of tax return information. (5) prohibit the consideration by the IRS Office of Appeal on appeal of any issue that was not within the scope of the initial determination. (6) prohibit a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer. (7) require the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization. (8) allow a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization. And (9) require the Inspector General for Tax Administration of the Department of the Treasury to review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology and to consult with the IRS on recommended amendments to such criteria.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Debt Relief and IMF Reform Act of
1999''.

SEC. 2. CONDITIONS OF APPROVING GOLD SALES BY THE INTERNATIONAL
              MONETARY FUND.

    Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is
amended by adding at the end the following: ``No director appointed to
represent the United States at the Fund shall vote for any proposal to
sell or otherwise convert or liquidate gold, unless--
            ``(1) the Congress has enacted a joint resolution
        authorizing the approval of the proposal;
            ``(2)(A) the Fund has canceled all debts owed to the Fund
        by the countries eligible for debt relief under the Heavily
        Indebted Poor Countries (HIPC) Initiative and Haiti; and
            ``(B) the Secretary of the Treasury, after consultation
        with the Comptroller General, demonstrates to the Congress that
        there is no other feasible way to finance the cancellation of
        such debts, and, if the Comptroller General does not concur,
        explains to the Congress why any other method of financing
        suggested by the Comptroller General is not feasible;
            ``(3) the most recent operational budget of the Fund has
        been published, with any information that could disrupt
        financial markets or affect adversely the national security of
        any country redacted, and the publicly available financial
        statements of the Fund are reorganized and restated in a manner
        consistent with the Fund's code of good practices, and with the
        principles of transparency and accountability;
            ``(4) the Congress has enacted a joint resolution
        certifying that the Fund is in full compliance with the
        conditions imposed or required to be imposed by title VI of the
        Foreign Operations, Export Financing, and Related Programs
        Appropriations Act, 1999 (as contained in section 101(d) of
        division A of the Omnibus Consolidated and Emergency
        Supplemental Appropriations Act, 1999 (Public Law 105-277));
            ``(5) the proposal is--
                    ``(A) to sell any gold held by the Fund on the
                effective date of the Second Amendment to the Articles
                of Agreement of the Fund;
                    ``(B) only to the member countries that were member
                countries on August 31, 1975, and Papua New Guinea, and
                that agree to purchase the gold;
                    ``(C) in proportion to the quotas of such countries
                in the Fund on August 31, 1975;
                    ``(D) in exchange for the currencies of such
                countries; and
                    ``(E) at a price of SDR 35 per fine ounce;
            ``(6) the interest accruing on any investment of the
        residual proceeds to the Fund of the sale will be used for the
        provision of debt relief for such countries without conditions;
        and
            ``(7) the official budget of the United States Government
        displays the costs of United States participation in the Fund,
        in accordance with the guidelines provided in the President's
        Commission on Budget Concepts.''.

SEC. 3. END OF UNITED STATES PARTICIPATION IN AND SUPPORT FOR THE
              ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE
              INTERNATIONAL MONETARY FUND.

    (a) Prohibition on Future Funding.--No officer, employee, or agent
of the United States may, directly or indirectly, provide any thing of
value to the International Monetary Fund for the purpose of providing
resources to the Enhanced Structural Adjustment Facility or other
concessional lending facility of the International Monetary Fund.
    (b) Veto of Use of Available Funds.--Section 5 of the Bretton Woods
Agreements Act (22 U.S.C. 286c) is further amended by adding at the end
the following: ``The director appointed to represent the United States
at the Fund shall use every effort to terminate the Enhanced Structural
Adjustment Facility of the Fund within one year after the date of the
enactment of this sentence. No director appointed to represent the
United States at the Fund shall vote for any proposal to use resources
of the Enhanced Structural Adjustment Facility of the Fund for any
purpose, except for a proposal to abolish the Facility, use such
resources for debt relief, and return any resources remaining after
such use to the General Resources of the Fund.''.

SEC. 4. NO APPROPRIATIONS FOR THE INTERNATIONAL MONETARY FUND UNTIL THE
              INTERNATIONAL MONETARY FUND HAS CANCELLED ALL DEBTS OWED
              TO THE FUND BY THE HEAVILY INDEBTED POOR COUNTRIES AND BY
              HAITI.

    Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is
further amended by adding at the end the following: ``No amounts may be
appropriated for payment to the Fund until the Fund has cancelled all
debts owed to the Fund by the countries eligible for debt relief under
the Heavily Indebted Poor Countries (HIPC) Initiative and Haiti, and
has financed such debt cancellation from ongoing operations,
procedures, and accounts of the Fund established as of the end of the
most recent fiscal year.''.

SEC. 5. CONDITIONS OF APPROVING QUOTA INCREASE FOR THE INTERNATIONAL
              MONETARY FUND.

    Section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is
further amended by adding at the end the following: ``No governor or
alternate appointed to represent the United States at the International
Monetary Fund shall vote for any proposal for any quota increase for
the International Monetary Fund, unless, before the proposal was made,
the Congress received notice of the proposal and the position of the
Executive Branch on the proposal, and the Congress has enacted a joint
resolution authorizing the approval of the proposal.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 60
days after the date of the enactment of this Act.

Summary: Prohibits US officers, employees or agents from providing any thing of value to the IMF for the purpose of providing resources to the Enhanced Structural Adjustment Facility (ESAF) or other concessional lending facility of the IMF. Amends the Bretton Woods Agreements Act to require the US director of the IMF to use every effort to terminate the ESAF. Prohibits appropriations for payments to the IMF until it has canceled all debts owed to it by HIPCs and Haiti. Prohibits the US governor to the IMF from voting for any proposal for any quota increase for the IMF, unless, before the proposal was made, Congress received notice of the proposal and the position of the Executive Branch on it, and Congress has enacted a joint resolution of approval.

Debt Relief and IMF Reform Act of 1999