SECTION 1. SHORT TITLE.

    This Act shall be cited as the ``Bring Jobs Back to America:
Strategic Manufacturing & Job Repatriation Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Repatriation.--The term ``repatriation'' means, with
        respect to a firm's job or facility, as the act of returning
        from a location in a foreign country to a location within the
        United States of America.
            (2) Comparative advantage.--The term ``comparative
        advantage'' means, with respect to a country's industrial base,
        an environment in which a country's private industry may
        produce a good at a lower opportunity cost than a competitor.
            (3) Technology-based planning.--The term ``technology-based
        planning'' means the process by which the Government may
        promote the acquisition and utilization of technology to excel
        at satisfying a customer need to generate a national
        competitive advantage.
            (4) Technology spatial mapping.--The term ``technology
        spatial mapping'' means identifying the full set of present and
        emerging technologies whose dimensions dictate how a technology
        may be acquired and utilized for a competitive advantage.

SEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY.

    (a) Requirement.--Not more than 180 days following enactment, the
U.S. Secretary of Commerce shall create a comprehensive national
manufacturing strategy designed to increase overall domestic
production, create private sector jobs, and identify emerging
technologies to strengthen American competitiveness and comparative
advantages. The strategy shall also include:
            (1) An analysis of progress made since the release of the
        Secretary's 2004 report: ``Manufacturing in America: A
        Comprehensive Strategy to Address the Challenges to U.S.
        Manufacturers''.
            (2) Targets, established by the Secretary, for
        manufacturing sector growth, including a subset of targets for
        repatriated jobs to the United States, for fiscal years 2011,
        2012, 2013, 2014, and 2015.
            (3) A survey of all existing Federal programs supporting
        manufacturing and recommendations on how the department or the
        Congress may better align such programs to support the
        strategy.
    (b) Requirement.--Not more than 180 days following enactment, and
every second year thereafter, the Secretary shall conduct a survey of
American firms:
            (1) The survey shall, at a minimum, identify--
                    (A) firms which maintain manufacturing, design or
                support service facilities outside of the United
                States; and
                    (B) categories of products manufactured at such
                facilities and number of jobs located at such overseas
                facilities.
            (2) The survey shall provide that any American firms
        choosing not to complete the survey will be ineligible to
        receive Federal contracts or assistance.
            (3) The Secretary shall create and maintain a database
        based on the information provided in response to the annual
        survey of American firms.
            (4) The Secretary shall report to Congress on the results
        of the annual survey, including longitudinal trends in American
        manufacturing and the repatriation of jobs.
    (c) Authorizes such sums as necessary.

SEC. 4. REPATRIATION TASK FORCES.

    (a) Requirement.--The U.S. Secretary of Commerce shall establish
multiple ``Repatriation Task Forces'' to promote repatriation in
accordance with the Secretary's established targets for job
repatriation and manufacturing growth. The task forces shall:
            (1) Proactively and regularly identify American firms
        interested in repatriating production or services to the United
        States.
            (2) Identify the unique needs of the firm necessary to
        facilitate the repatriation.
            (3) Identify and assist State governments to facilitate a
        mutually beneficial repatriation of the firm's facility and/or
        jobs to the United States.
            (4) Work with any other Federal agencies on a case-by-case
        basis to provide technical assistance to the firm or the State
        necessary to facilitate the repatriation of the facility and/or
        jobs to the United States.
            (5) Serve as a resource to State governments and act as an
        impartial advocate for all States choosing to compete for a
        firm's facility as part of its repatriation.
            (6) Educate firms and States on the National Manufacturing
        and Repatriation Strategy, the Repatriation Task Forces, and
        all Federal assistance available to firms and State and county
        economic development agencies.
            (7) Develop a computer-based program to help firms
        understand the total cost of ownership of locating facilities
        inside the United States as compared to foreign countries.
    (b) Members.--Each task force shall be comprised of, at a minimum,
representatives from the Office of the Secretary of Commerce, the
Economic Development Administration, the International Trade
Administration, the U.S. Patent and Trademark Office, National
Institute of Standards and Technology, and Bureau of Industry and
Security.
    (c) Authorizes such sums as necessary.

SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the ``American Economic Security Commission'' (hereinafter in this
Act referred to as the ``Commission'').
    (b) Duties of Commission.--
            (1) In general.--The Commission shall study and make
        recommendations on policy relating to American competitiveness,
        particularly in the manufacturing, information technology,
        energy, and biotechnology sectors of the global economy, as
        well as study ``technology-based planning'' policies to bolster
        American economic competitiveness.
            (2) Reports.--The Commission shall issue periodic reports
        on issues surrounding ``technology-based planning'', emerging
        technologies, and American economic competitiveness,
        specifically with regard to a new trade agreement and the
        enforcement of existing trade agreements, taxation,
        cybersecurity, the U.S. patent system, intellectual property
        laws and enforcement, vocational training, education, research
        and development programs, and infrastructure, and produce
        reports requested by Members of Congress or congressional
        committees.
            (3) Requirement.--The Commission shall oversee the
        development and operation of a computer-based, accurate,
        precise and detailed ``technology spatial mapping'' program.
        This tool will be used to catalogue, monitor, and anticipate
        emerging trends in technology to support the commission's
        reporting on developing American comparative advantages in a
        timely manner as new technology develops.
    (c) Membership.--The Commission shall be composed of 12 members,
with the majority and minority leaders of the Senate, and the Speaker
and the minority leader of the House each selecting three
commissioners. The Commissioners shall serve two-year terms and may be
reappointed twice.
    (d) Leadership of Commission.--The Commissioners shall elect a
chairman and a vice-chairman every other year. The chair and vice-chair
may not have been appointed by members of the same political party.
    (e) Director and Staff of Commission.--
            (1) Director.--
                    (A) In general.--Subject to paragraph (3) and to
                the extent provided in advance in appropriation Acts,
                the Commission shall appoint and fix the pay of a
                director.
                    (B) Duties.--The director of the Commission shall
                be responsible for the administration and coordination
                of the duties of the Commission and shall perform other
                such duties as the Commission may direct.
            (2) Staff.--In accordance with rules agreed upon by the
        Commission, subject to paragraph (3), and to the extent
        provided in advance in appropriation Acts, the director may
        appoint and fix the pay of additional personnel.
            (3) Applicability of certain civil service laws.--The
        director and staff of the Commission may be appointed without
        regard to the provisions of title 5, United States Code,
        governing appointments in the competitive service, and may be
        paid without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of that title relating to
        classification and General Schedule pay rates, except that pay
        fixed under paragraph (1) may not exceed $150,000 per year and
        pay fixed under paragraph (2) may not exceed a rate equal to
        the daily equivalent of the annual rate of basic pay for level
        V of the Executive Schedule under section 5316 of title 5,
        United States Code.
            (4) Detailees.--Any Federal Government employee may be
        detailed to the Commission without reimbursement from the
        Commission, and such detailee shall retain the rights, status,
        and privileges of their regular employment without
        interruption.
            (5) Experts and consultants.--In accordance with rules
        agreed upon by the Commission and to the extent provided in
        advance in appropriation Acts, the director may procure the
        services of experts and consultants under section 3109(b) of
        title 5, United States Code, but at rates not to exceed the
        daily equivalent of the annual rate of basic pay for level V of
        the Executive Schedule under section 5316 of title 5, United
        States Code.
    (f) Powers of Commission.--
            (1) Hearings and evidence.--The Commission may, for the
        purpose of carrying out this Act, hold such hearings in
        addition to the town hall style public hearings, sit and act at
        such times and places, take such testimony, and receive such
        evidence as the Commission considers appropriate. The
        Commission may administer oaths or affirmations to witnesses
        appearing before it.
            (2) Powers of members and agents.--Any member or agent of
        the Commission may, if authorized by the Commission, take any
        action which the Commission is authorized to take under this
        section.
            (3) Mails.--The Commission may use the United States mails
        in the same manner and under the same conditions as other
        departments and agencies of the United States.
            (4) Administrative support services.--Upon the request of
        the Commission, the Administrator of General Services shall
        provide to the Commission, on a reimbursable basis, the
        administrative support services necessary for the Commission to
        carry out its responsibilities under this Act.
            (5) Contract authority.--To the extent provided in advance
        in appropriation Acts, the Commission may enter into contracts
        to enable the Commission to discharge its duties under this
        Act.
            (6) Gifts.--The Commission may accept, use, and dispose of
        gifts or donations of services or property.
    (g) Authorizes such sums as necessary.

SEC. 6. REPATRIATION TAX INCENTIVE STUDY.

    (a) Requirement.--The U.S. Secretary of Commerce shall, in
conjunction with the Commissioner of the U.S. Internal Revenue Service
study the impact and feasibility of a tax incentive to encourage firms
to repatriate jobs and report back to Congress within 180 days of
enactment.
    (b) The study shall:
            (1) Examine the merits of a tax incentive to encourage
        repatriation that would waive all Federal taxes on the return
        of offshore, untaxed profits to a ratio of domestic jobs
        created.
            (2) Consider a ratio of $1 billion in tax relief relative
        to 14,000 jobs repatriated or created in the United States, as
        well as other ratios the Secretary and Commissioner may
        determine.

SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES.

    (a) Eligibility.--To amend title 42, United States Code, to include
a definition of ``repatriation'' for purposes of public works, economic
development planning and local government demonstration programs.
    (b) Eligibility.--To amend title 15, United States Code, subsection
7506 to include a definition of ``repatriation'' for purposes.

SEC. 8. PATENT PROTECTION AND PRIORITIZATION.

    (a) Pre-Publication of Abstracts Only.--Section 122 of title 35,
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``each application
                                for a patent'' and inserting ``and with
                                respect to an application for a patent,
                                the abstract included with such
                                application''; and
                                    (II) by striking ``an application''
                                and inserting ``an abstract'';
                            (ii) in subparagraph (B), by striking
                        ``patent applications'' each place it appears
                        and inserting ``abstracts included with patent
                        applications''; and
                            (iii) in subparagraph (C), by striking
                        ``patent application'' each place it appears
                        and inserting ``abstract included with a patent
                        application''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``An
                        application'' and inserting ``An abstract
                        included with an application'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking
                                ``the application'' and inserting ``the
                                abstract included with the
                                application''; and
                                    (II) in clause (iv), by striking
                                ``the application'' and inserting ``the
                                abstract included with the
                                application''; and
                            (iii) by striking clause (v);
            (2) by striking subsection (c);
            (3) by redesignating subsection (d) as subsection (c); and
            (4) in subsection (c), as so redesignated, by striking ``No
        application'' and inserting ``No abstract included with an
        application''.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents for chapter
        11 of part 2 of title 35, United States Code, is amended in the
        item relating to section 122 by inserting before ``patent
        applications'' the following: ``abstracts included with''.
            (2) Publications.--Section 10 of title 35, United States
        Code, is amended by striking ``published applications'' and
        inserting ``published abstracts included with applications''.
            (3) Abstract definition.--Section 100 of title 35, United
        States Code, is amended by adding at the end the following new
        subsection: ``(f) The term `abstract' shall have the meaning
        given such term, by regulation, by the Director.''.
            (4) Conditions for patentability.--Section 102(e) of title
        35, United States Code, is amended to read as follows:
    ``(e) the invention was described in--
            ``(1) a patent granted on an application for patent by
        another in an international application filed under the treaty
        defined in section 351(a); and
            ``(2) such application designated the United States and was
        published under article 21(2) of such treaty in the English
        language; or''.
            (5) Interferences.--Section 135(b) of title 35, United
        States Code, is amended to read as follows:
    ``(b) A claim which is the same as, or for the same or
substantially the same subject matter as, a claim of an issued patent
may not be made in any application unless such a claim is made prior to
one year from the date on which the patent was granted.''.
            (6) Provisional rights.--Section 154(d)(1) of title 35,
        United States Code, is amended--
                    (A) by striking ``publication of the application
                for such patent under section 122(b), or in the case
                of''; and
                    (B) by striking ``the date of publication of the
                application''.
            (7) Secrecy of certain inventions.--Section 181 of title
        35, United States Code, is amended--
                    (A) by striking ``publication of an application''
                each place it appears and inserting ``publication of an
                abstract included with an application''; and
                    (B) by striking ``publication of the application''
                each place it appears and inserting ``publication of
                the abstract included with the application''.
    (c) Prioritization for Higher Education Institutions.--Section 131
of title 35, United States Code, is amended--
            (1) by striking ``The Director'' and inserting the
        following: ``(a) In General.--The Director''; and
            (2) by adding at the end the following new subsection:
    ``(b) Priority of Examination for Certain Applications.--The
Director shall give priority to the examination of an application made
by an applicant that is--
            ``(1) an institution of higher education, as such term is
        defined under section 101(a) of the Higher Education Act of
        1965 (20 U.S.C. 1001(a)); or
            ``(2) a patent holding company affiliated with such an
        institution.''.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon enactment of
this Act.

Summary: Bring Jobs Back to America: Strategic Manufacturing Job Repatriation Act - Directs the Secretary of Commerce to create a comprehensive national manufacturing strategy to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages. Requires the Secretary to: (1) identify US firms maintaining facilities and jobs outside the United States. And (2) establish multiple Repatriation Task Forces to promote repatriation in accordance with established targets for job repatriation and manufacturing growth. Establishes the American Economic Security Commission to study and report to Congress on policy relating to American competitiveness and technology-based planning to bolster it. Directs the Secretary, in conjunction with the Commissioner of Internal Revenue, to study and report to Congress on the impact and feasibility of a tax incentive to encourage firms to repatriate jobs back to the United States. Amends federal patent law to revise requirements regarding the publication of patent applications. Requires abstracts included with patent applications to be published 18 months after the earliest filing date of the application. Repeals certain requirements relating to: (1) submission of a redacted copy of an application. And (2) procedures to prevent protest and pre-issuance opposition to the grant of a patent. Requires the Director of the US Patent and Trademark Office to give priority to the examination of a patent application by an institution of higher education or a patent holding company affiliated with such an institution.

To amend federal law to encourage the repatriation of jobs to the United States, and for other purposes.


That this Act may be
cited as the ``Handgun Control Act of 1993''.
    Section 1. The Congress hereby finds and declares--
            (a) that the estimated total number of handguns in private
        hands has more than doubled since 1978, bringing the total to
        sixty-six million;
            (b) that handguns play a major role, and a role
        disproportionate to their number in comparison with long guns,
        in the commission of homicide, aggravated assault, and armed
        robbery, and that the percentage of violent crimes in which
        handguns are used is increasing;
            (c) that more than one-half of all handguns are acquired
        secondhand and that licensing and restrictions on sale of new
        handguns will not significantly reduce handgun crime and
        handgun violence;
            (d) that with few exceptions handguns are not used for
        sporting or recreational purposes and that such purposes do not
        require keeping of handguns in private homes;
            (e) that handguns in the home are of less value than is
        commonly thought in defending against intruders and that such
        defensive purposes can be adequately accomplished by other
        means;
            (f) that violent crimes perpetrated with handguns
        constitute a burden upon and interfere with interstate and
        foreign commerce and threaten the internal security and
        domestic tranquillity of the Nation; and
            (g) that a national firearms policy which restricts the
        availability of handguns for nonlaw enforcement and nonmilitary
        purposes will significantly reduce violent crime, reduce deaths
        from handguns, and reduce other handgun violence in the United
        States.
    Sec. 2. Title 18, United States Code, is amended by inserting
immediately after chapter 50 thereof the following new chapter:

                        ``CHAPTER 50A.--HANDGUNS

``Sec.
``1091. Unlawful acts.
``1092. Licensing.
``1093. Penalties.
``1094. Exceptions.
``1095. Voluntary delivery to law enforcement agency; reimbursement.
``1096. Rules and regulations.
``1097. Effect on State law.
``1098. Separability clause.
``1099. Appropriations.
``1100. Definitions.
``Sec. 1091. Unlawful acts
    ``(a) Except as provided in section 1094 of this chapter and in
subsection (b) of this section, it shall be unlawful for any person to
import, manufacture, sell, buy, transfer, receive, or transport any
handgun.
    ``(b) The Secretary may, consistent with public safety and
necessity, exempt from the operation of subsection (a) of this section
such importation, manufacture, sale, purchase, transfer, receipt, or
transportation of handguns by importers, manufacturers, or dealers,
licensed under chapter 44 of this title, and by pistol clubs licensed
under this chapter, as may in his judgment be required for the
operation of such pistol clubs or for purposes described in section
1094 of this chapter.
``Sec. 1092. Licensing
    ``(a) A pistol club desiring to be licensed under this chapter
shall file an application for such license with the Secretary. The
application shall be in such form and contain such information as the
Secretary shall by regulation prescribe. The fee for such license shall
be $25 per year.
    ``(b) Any importer, manufacturer, or dealer desiring to be licensed
under this chapter shall apply as provided in chapter 44 of this title.
    ``(c) Any application submitted under subsection (a) shall be
approved if--
            ``(1) all members of the pistol club are twenty-one years
        of age or older;
            ``(2) no member of the pistol club is prohibited from
        transporting, shipping, or receiving firearms or ammunition in
        interstate or foreign commerce under section 922 (g) or (h) of
        this title or under the law of the State in which the club will
        be located or of the State in which the member is domiciled;
            ``(3) no member of the pistol club has willfully violated
        any of the provisions of this chapter or of chapter 44 of this
        title or any regulations issued thereunder;
            ``(4) the pistol club has not willfully failed to disclose
        any material information required, or has not made any false
        statement as to any material fact, in connection with his
        application; and
            ``(5) the pistol club has premises from which it operates
        and--
                    ``(A) maintains possession and control of the
                handguns used by its members, and
                    ``(B) has procedures and facilities for keeping
                such handguns in a secure place, under the control of
                the club's chief officer, at all times when they are
                not being used for target shooting or other sporting or
                recreational purposes.
    ``(d)(1) The Secretary must approve or deny an application for a
license within the forty-five-day period beginning on the date it is
received. If the Secretary fails to act within such period, the
applicant may file an action under section 1361 of title 28 to compel
the Secretary to act. If the Secretary approves an applicant's
application, such applicant shall be issued a license upon payment of
the prescribed fee.
    ``(2) The Secretary may, after notice and opportunity for hearing,
revoke any license issued under this section if the holder of such
license has violated any provision of this chapter or of chapter 44 of
this title or any rule or regulation prescribed by the Secretary under
such chapters. The Secretary's action under this paragraph may be
reviewed only as provided in subsection (e) of this section.
    ``(e)(1) Any person whose application for a license is denied and
any holder of a license which is revoked shall receive a written notice
from the Secretary stating specifically the grounds upon which the
application was denied or upon which the license was revoked. Any
notice of revocation of a license shall be given to the holder of such
license before the effective date of the revocation.
    ``(2) If the Secretary denies an application for, or revokes, a
license, he shall, upon request by the aggrieved party, promptly hold a
hearing to review his denial or revocation. In the case of a revocation
of a license, the Secretary shall upon the request of the holder of the
license stay the effective date of the revocation. A hearing held under
this paragraph shall be held at a location convenient to the aggrieved
party.
    ``(3) If after a hearing held under paragraph (2) the Secretary
decides not to reverse his decision to deny an application or revoke a
license, the Secretary shall give notice of his decision to the
aggrieved party. The aggrieved party may at any time within sixty days
after the date notice was given under this paragraph file a petition
with the United States District Court for the district in which he
resides or has his principal place of business for a judicial review of
such denial or revocation. In a proceeding conducted under this
subsection, the court may consider any evidence submitted by the
parties to the proceeding. If the court decides that the Secretary was
not authorized to deny the application or to revoke the license, the
court shall order the Secretary to take such action as may be necessary
to comply with the judgment of the court.
    ``(f) Each licensed pistol club shall maintain such records of
receipt, sale, or other disposition, of handguns at such place, for
such period, and in such form as the Secretary may by regulations
prescribe. Such pistol clubs shall make such records available for
inspection at all reasonable times, and shall submit to the Secretary
such reports and information with respect to such records and the
contents thereof as he shall by regulations prescribe. The Secretary
may enter at reasonable times the premises (including places of
storage) of any pistol club for the purpose of inspecting or examining
(1) any records of documents required to be kept by such pistol club
under the provisions of this chapter or chapter 44 of this title and
regulations issued under such chapters, and (2) any handguns or
ammunition kept or stored by such pistol club at such premises. Upon
the request of any State or any political subdivision thereof, the
Secretary may make available to such State or any political subdivision
thereof any information which he may obtain by reason of the provisions
of this chapter with respect to the identification of persons who are
members of pistol clubs within such State or political subdivision
thereof, together with a description of the handguns included in such
pistol club's license.
    ``(g) Licenses issued under the provisions of subsection (c) of
this section shall be kept posted and kept available for inspection on
the premises covered by the license.
``Sec. 1093. Penalties
    ``(a) Whoever violates any provision of this chapter or knowingly
makes any false statement or representation with respect to the
information required by the provisions of this chapter to be kept in
the records of a pistol club licensed under this chapter, or in
applying for any license under the provisions of this chapter, shall be
fined not more than $5,000, or imprisoned not more than five years, or
both, and shall become eligible for parole as the board of parole shall
determine.
    ``(b) Any handgun involved or used in, or intended to be used in,
any violation of the provisions of this chapter or chapter 44 of this
title or any rule or regulation promulgated thereunder, or any
violation of any other criminal law of the United States, shall be
subject to seizure and forfeiture and all provisions of the Internal
Revenue Code of 1954 relating to the seizure, forfeiture, and
disposition of firearms shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter.
``Sec. 1094. exceptions
    ``(a) The provisions of this chapter shall not apply with respect
to the importation, manufacture, sale, purchase, transfer, receipt, or
transportation of any handgun which the Secretary determines is being
imported or manufactured for, sold, or transferred to, purchased,
received, or transported by, or issued for the use of, the United
States or any department or agency thereof or any State or any
department, agency, or political subdivision thereof.
    ``(b) The provisions of this chapter shall not apply with respect
to the importation, manufacture, sale, purchase, transfer, receipt, or
transportation of a handgun which the Secretary determines is
unserviceable, not restorable to firing condition, and intended for use
as a curio, museum piece, or collectors' item.
``Sec. 1095. Voluntary delivery to law enforcement agency;
              reimbursement
    ``(a) A person may at any time deliver to any Federal, State, or
local law enforcement agency designated by the Secretary a handgun
owned or possessed by such person. The Secretary shall arrange with
each agency designated to receive handguns for the transfer,
destruction, or other disposition of all handguns delivered under this
section.
    ``(b) Upon proof of lawful acquisition and ownership by a person
delivering a handgun to a law enforcement agency under this section,
the owner of the handgun shall be entitled to receive from the United
States a payment equal to the fair market value of the handgun or $25,
whichever is more. The Secretary shall provide for the payment,
directly or indirectly, through Federal, State, and local law
enforcement agencies, of the amounts to which owners of handguns
delivered under this section are entitled.
    ``(c) The amounts authorized in subsection (b) of this section
shall be paid out of the fees collected under section 1092(a) of this
chapter to the extent that such fees are sufficient for this purpose.
The remainder of amounts authorized in subsection (b) of this section
shall be paid out of general revenues.
``Sec. 1096. Rules and regulations
    ``(a) The Secretary may prescribe such rules and regulations as he
deems necessary to carry out the provisions of this chapter,
including--
            ``(1) regulations providing that a person licensed under
        this chapter, when dealing with another person so licensed or
        with a person licensed under chapter 44 of this title, shall
        provide such other licensed person a certified copy of his
        license; and
            ``(2) regulations providing for the issuance, at a
        reasonable cost, to a person licensed under this chapter, of
        certified copies of his license for use as provided under
        regulations issued under paragraph (1) of this subsection.
    ``(b) The Secretary shall give reasonable public notice, and afford
to interested parties opportunity for hearing, prior to prescribing
rules and regulations authorized by this section.
``Sec. 1097. Effect on State law
    ``No provision of this chapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State on the same
subject, unless there is a direct and positive conflict between such
provision and the law of the State so that the two cannot be reconciled
or consistently stand together.
``Sec. 1098. Separability
    ``If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the remainder of the
chapter and the application of such provision to other persons not
similarly situated or to other circumstances shall not be affected
thereby.
``Sec. 1099. Appropriations
    ``There are authorized to be appropriated such sums as are
necessary to carry out the purposes of this chapter.
``Sec. 1100. Definitions
    ``As used in this chapter--
            ``(1) The term `person' and the term `whoever' include any
        individual, corporation, company, association, firm,
        partnership, club, society, or joint-stock company.
            ``(2) The term `importer' means any person engaged in the
        business of importing or bringing handguns into the United
        States for purposes of sale or distribution; and the term
        `licensed importer' means any such person licensed under the
        provisions of chapter 44 of this title.
            ``(3) The term `manufacturer' means any person engaged in
        the manufacture or assembly of handguns for the purposes of
        sale or distribution; and the term `licensed manufacturer'
        means any such person licensed under the provisions of chapter
        44 of this title.
            ``(4) The term `dealer' means (A) any person engaged in the
        business of selling handguns at wholesale or retail, (B) any
        person engaged in the business of repairing handguns or of
        making or fitting special barrels, or trigger mechanisms to
        handguns, or (C) any person who is a pawnbroker. The term
        `licensed dealer' means any dealer who is licensed under the
        provisions of chapter 44 of this title.
            ``(5) The term `collector' means any person who acquires,
        holds, or disposes of handguns as curios, or relics, as the
        Secretary shall by regulation define, and the term `licensed
        collector' means any such person licensed under the provisions
        of chapter 44 of this title.
            ``(6) The term `Secretary' or `Secretary of the Treasury'
        means the Secretary of the Treasury or his delegate.
            ``(7) The term `handgun' means any weapon--
                    ``(A) designed or redesigned, or made, or remade,
                and intended to be fired while held in one hand;
                    ``(B) having a barrel less than ten inches in
                length; and
                    ``(C) designed or redesigned, or made or remade, to
                use the energy of an explosive to expel a projectile or
                projectiles through a smooth or rifled bore.
            ``(8) The term `pistol club' means a club organized for
        target shooting with handguns or to use handguns for sporting
        or other recreational purposes and which--
                    ``(A) maintains possession and control of the
                handguns used by its members, and
                    ``(B) has procedures and facilities for keeping
                such handguns in a secure place, under the control of
                the club's chief officer, at all times when they are
                not being used for target shooting, sporting, or other
                recreational purposes.
        The term `licensed pistol club' means any pistol club which is
        licensed under this chapter.''.
    Sec. 3. The enforcement and administration of the amendment made by
this Act shall be vested in the Secretary of the Treasury.
    Sec. 4. Nothing in this Act or the amendment made thereby shall be
construed as modifying or affecting any provision of--
            (a) the National Firearms Act (chapter 53 of the Internal
        Revenue Code of 1954);
            (b) section 414 of the Mutual Security Act of 1954 (22
        U.S.C. 1934), as amended, relating to munitions control; or
            (c) section 1715 of title 18, United States Code, relating
        to nonmailable firearms.
    Sec. 5. The provisions of this Act shall take effect one year from
the date of enactment.

Summary: Handgun Control Act of 1993 - Amends the Federal criminal code to make it unlawful to import, manufacture, sell, buy, transfer, receive, or transport any handgun. Authorizes the Secretary of the Treasury to exempt from such prohibition such activities involving handguns by licensed importers, manufacturers, or dealers or licensed pistol clubs as required for the operation of such clubs, for the use of Federal or State agencies, or for curio, museum, or collection purposes. Sets forth requirements for the licensing of pistol clubs. Prescribes civil and criminal penalties for violation of licensing and recordkeeping requirements. Authorizes voluntary delivery of handguns to Federal, State, or local law enforcement agencies and provides for compensation to persons who establish proof of lawful acquisition and ownership. Authorizes appropriations.

Handgun Control Act of 1993


SECTION 1. AMENDMENTS.

    (a) In General.--Section 8332(b) of title 5, United States Code, is
amended--
            (1) by striking ``and'' at the end of paragraph (16);
            (2) by striking the period at the end of paragraph (17) and
        inserting ``; and'';
            (3) by adding after paragraph (17) the following:
            ``(18) any period of service performed before 1977, while a
        citizen of the United States, in the employ of Air America,
        Incorporated, Air Asia Company Limited (a subsidiary of Air
        America, Incorporated), or the Pacific Division of Southern Air
        Transport, Incorporated, at a time when that corporation (or
        subsidiary) was owned or controlled by the Government of the
        United States and operated or managed by the Central
        Intelligence Agency.''; and
            (4) by adding at the end the following: ``For purposes of
        this subchapter, service of the type described in paragraph
        (18) of this subsection shall be considered to have been
        service as an employee, and the Office of Personnel Management
        shall accept the certification of the Director of Central
        Intelligence or his designee concerning any such service.''.
    (b) Exemption From Deposit Requirement.--Section 8334(g) of title
5, United States Code, is amended--
            (1 by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; or''; and
            (3) by adding after paragraph (6) the following:
            ``(7) any service for which credit is allowed under section
        8332(b)(18) of this title.''.

SEC. 2. APPLICABILITY.

    (a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall apply with respect to annuities
commencing on or after the effective date of this Act.
    (b) Provisions Relating to Current Annuitants.--Any individual who
is entitled to an annuity for the month in which this Act becomes
effective may, upon application submitted to the Office of Personnel
Management within 2 years after the effective date of this Act, have
the amount of such annuity recomputed as if the amendments made by this
Act had been in effect throughout all periods of service on the basis
of which such annuity is or may be based. Any such recomputation shall
be effective as of the commencement date of the annuity, and any
additional amounts becoming payable for periods before the first month
for which the recomputation is reflected in the individual's regular
monthly annuity payments shall be payable to such individual in the
form of a lump-sum payment.
    (c) Provisions Relating to Individuals Eligible for (but not
Currently Receiving) an Annuity.--
            (1) In general.--Any individual (not described in
        subsection (b)) who becomes eligible for an annuity or for an
        increased annuity as a result of the enactment of this Act may
        elect to have such individual's rights under subchapter III of
        chapter 83 of title 5, United States Code, determined as if the
        amendments made by this Act had been in effect, throughout all
        periods of service on the basis of which such annuity is or
        would be based, by submitting an appropriate application to the
        Office of Personnel Management within 2 years after--
                    (A) the effective date of this Act; or
                    (B) if later, the date on which such individual
                separates from service.
            (2) Commencement date, etc.--
                    (A) In general.--Any entitlement to an annuity or
                to an increased annuity resulting from an application
                under paragraph (1) shall be effective as of the
                commencement date of such annuity (subject to
                subparagraph (B), if applicable), and any amounts
                becoming payable for periods before the first month for
                which regular monthly annuity payments begin to be made
                in accordance with the amendments made by this Act
                shall be payable to such individual in the form of a
                lump-sum payment.
                    (B) Retroactivity.--Any determination of the
                amount, or of the commencement date, of any annuity,
                all the requirements for entitlement to which
                (including separation, but disregarding any application
                requirement) would have been satisfied before the
                effective date of this Act if this Act had then been in
                effect (but would not then otherwise have been
                satisfied absent this Act) shall be made as if
                application for such annuity had been submitted as of
                the earliest date that would have been allowable, after
                such individual's separation from service, if such
                amendments had been in effect throughout the periods of
                service referred to in the first sentence of paragraph
                (1).
    (d) Right to File on Behalf of a Decedent.--The regulations under
section 4(a) shall include provisions, consistent with the order of
precedence set forth in section 8342(c) of title 5, United States Code,
under which a survivor of an individual who performed service described
in section 8332(b)(18) of such title (as amended by section 1) shall be
allowed to submit an application on behalf of and to receive any lump-
sum payment that would otherwise have been payable to the decedent
under subsection (b) or (c). Such an application shall not be valid
unless it is filed within 2 years after the effective date of this Act
or 1 year after the date of the decedent's death, whichever is later.

SEC. 3. FUNDING.

    (a) Lump-Sum Payments.--Any lump-sum payments under section 2 shall
be payable out of the Civil Service Retirement and Disability Fund.
    (b) Unfunded Liability.--Any increase in the unfunded liability of
the Civil Service Retirement System attributable to the enactment of
this Act shall be financed in accordance with section 8348(f) of title
5, United States Code.

SEC. 4. REGULATIONS AND SPECIAL RULE.

    (a) In General.--Except as provided in subsection (b), the Director
of the Office of Personnel Management, in consultation with the
Director of Central Intelligence, shall prescribe any regulations
necessary to carry out this Act. Such regulations shall include
provisions under which rules similar to those established pursuant to
section 201 of the Federal Employees' Retirement System Act of 1986
shall be applied with respect to any service described in section
8332(b)(18) of title 5, United States Code (as amended by section 1)
that was subject to title II of the Social Security Act.
    (b) Other Regulations.--The Director of Central Intelligence, in
consultation with the Director of the Office of Personnel Management,
shall prescribe any regulations which may become necessary, with
respect to any retirement system administered by the Director of
Central Intelligence, as a result of the enactment of this Act.
    (c) Special Rule.--For purposes of any application for any benefit
which is computed or recomputed taking into account any service
described in section 8332(b)(18) of title 5, United States Code (as
amended by section 1), section 8345(i)(2) of such title shall be
applied by deeming the reference to the date of the ``other event which
gives rise to title to the benefit'' to refer to the effective date of
this Act, if later than the date of the event that would otherwise
apply.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the terms ``unfunded liability'', ``survivor'', and
        ``survivor annuitant'' have the meanings given to them by
        section 8331 of title 5, United States Code; and
            (2) the term ``annuity'', as used in subsections (b) and
        (c) of section 2, includes a survivor annuity.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the first day of the first fiscal
year beginning after the date of the enactment of this Act.

Summary: Makes creditable for civil service retirement purposes pre-1977 service performed by a US citizen with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities were owned or controlled by the US Government and operated or managed by the Central Intelligence Agency (CIA).

To amend title 5, United States Code, to make creditable for civil service retirement purposes certain periods of service performed with Air America, Incorporated, Air Asia Company Limited, or the Pacific Division of Southern Air Transport, Incorporated, while those entities were owned or controlled by the Government of the United States and operated or managed by the Central Intelligence Agency.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Primary Care Workforce Access
Improvement Act of 2011''.

SEC. 2. MEDICARE PRIMARY CARE GRADUATE MEDICAL EDUCATION PILOT PROJECT.

    (a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall conduct a pilot
project under the Medicare program under title XVIII of the Social
Security Act, in accordance with the provisions of this section, to
test models for providing payment under such title for direct graduate
medical education and indirect medical education to medical education
entities, which entities are not otherwise eligible to receive such
payments under the Medicare program, for the costs of training primary
care residents.
    (b) Duration.--The Secretary shall conduct the pilot project under
this section over a 5-year period, which shall begin not later than 180
days after the date of the enactment of this Act.
    (c) Models.--
            (1) Required models.--Under the pilot project, the
        Secretary shall test two of each of the following models:
                    (A) A model in which the medical education entity
                receiving funds under the pilot project is a community-
                based independent corporate entity collaborating with
                two or more hospitals to operate one or more primary
                care graduate medical residency training programs.
                    (B) A model in which--
                            (i) the medical education entity receiving
                        funds under the pilot project is established by
                        two or more hospitals to operate one or more
                        primary care graduate medical residency
                        training programs; and
                            (ii) such hospitals may be the sole
                        corporate members of the entity but the
                        governing board of the entity shall include at
                        least one community representative.
                    (C) A model in which the medical education entity
                receiving funds under the pilot project is a hospital
                subsidiary or independent corporation that operates one
                or more primary care graduate medical residency
                training programs for a hospital with community
                participation in the governance of the subsidiary or
                corporation.
                    (D) A model in which--
                            (i) the medical education entity receiving
                        funds under the pilot project is independent of
                        any hospital but collaborates with a hospital
                        in operating one or more primary care graduate
                        medical residency training programs; and
                            (ii) the medical education entity may
                        include a university or school of medicine.
            (2) Additional models.--Under the pilot project, the
        Secretary may test models of medical education entities in
        addition to those described in paragraph (1).
    (d) Prioritization.--Under the pilot project, the Secretary of
Health and Human Services may give priority to testing models that
demonstrate the capability of improving the quality, quantity, and
distribution of primary care physicians, including the ability to
enhance primary care delivery in rural and underserved areas.
    (e) Payments.--
            (1) Payments to medical education entities.--Under the
        pilot project, the Secretary shall establish a process under
        which payments are made to each medical education entity
        participating under such project for direct graduate medical
        education and indirect medical education costs with respect to
        primary care residents enrolled under a primary care graduate
        medical residency training program operated pursuant to a model
        of such entity under subsection (c) instead of any payment or
        adjustment that would otherwise be made to a participant
        hospital (as defined in subsection (m)) of such entity for
        indirect and direct graduate medical education costs under
        subsections (d)(5)(B) and (h) of section 1886 of the Social
        Security Act (42 U.S.C. 1395ww) during the period of
        participation of such entity in such project.
            (2) Calculation of payments.--Payments to a medical
        education entity under the pilot project, with respect to a
        primary care graduate medical education residency program, for
        a cost reporting period during which the entity is
        participating in such pilot shall be, based on the most
        recently available data with respect to a previous cost
        reporting period, equal to the sum of the following:
                    (A) Direct gme.--The amount that, out of all of the
                payment amounts (determined on a per resident basis)
                received by hospitals under section 1886(h) of the
                Social Security Act (42 U.S.C. 1395ww(h)) for such
                previous cost reporting period, is equal to the 95th
                percentile of such payment amounts.
                    (B) Indirect gme.--The amount that, out of all of
                the additional payment amounts (determined on a per
                resident basis) received by hospitals under section
                1886(d)(5)(B) of the Social Security Act (42 U.S.C.
                1395ww(d)(5)(B)) for such previous cost reporting
                period, is equal to the 95th percentile of such payment
                amounts.
            (3) Additional payments for programs serving underserved
        areas.--Payments in addition to the payments described in
        paragraph (2) may be made under the pilot project for primary
        care graduate medical residency training programs that--
                    (A) operate in sites and areas that are underserved
                by primary care physicians; or
                    (B) change their training sites to include those
                areas.
            (4) Payments from medicare trust funds.--In providing for
        such payments under this subsection to medical education
        entities, the Secretary shall provide for an allocation of such
        payments between part A and part B (and the Federal Hospital
        Insurance Trust Fund under section 1817 of the Social Security
        Act (42 U.S.C. 1395i) and the Federal Supplementary Medical
        Insurance Trust Fund under section 1841 of such Act (42 U.S.C.
        1395t)) in the same manner as the Secretary provides for an
        allocation of payments under subsections (d)(5)(B) and (h),
        respectively, of section 1886 of such Act (42 U.S.C. 1395ww).
    (f) Uses of Payments.--
            (1) In general.--A medical education entity receiving
        payments under the pilot project shall use such payments for
        the training of primary care residents, including training
        activities in appropriate inpatient and outpatient settings in
        primary care graduate medical residency training programs
        accredited by the Accreditation Council for Graduate Medical
        Education or the American Osteopathic Association and for all
        relevant topics including patient care, care management,
        working in teams, supervision, and quality improvement.
            (2) Limitations.--Payments shall only be made for training
        primary care residents up to the initial board certification of
        such residents, except that with respect to training in
        geriatric medicine, payments may also be made for a fellowship
        after initial board certification.
    (g) Expansion During Pilot Project.--A medical education entity
receiving funds under the pilot project, with respect to a primary care
graduate medical residency training program, shall be allowed to
increase by up to 50 percent the number of full-time equivalent primary
care residents enrolled in the such program (determined in accordance
with the process under subsection (d)(2)(A)(ii)) during the duration of
the participation of such entity in such project.
    (h) Treatment After Project.--
            (1) In general.--Subject to paragraphs (2) and (3), after
        the last day of the pilot project, which may be extended at the
        discretion of the Secretary, any participant hospital of a
        medical education entity under the pilot project, shall receive
        payments under subsection (d)(5)(B) and (h) of section 1886 of
        the Social Security Act (42 U.S.C. 1395ww) in the same manner
        and to the same extent such hospital would receive such
        payments without application of this Act and such payments
        shall be calculated based on the number of full-time equivalent
        residents enrolled in such program without regard to any
        increase made pursuant to subsection (g).
            (2) Exception to ensure residents enrolled during pilot are
        able to complete training.--Subject to paragraph (3), a medical
        education entity receiving funds under the pilot project, with
        respect to a primary care graduate medical residency training
        program, shall continue to receive funding under this section
        (even after the last day of the project), with respect to each
        primary care resident who is enrolled under such program while
        the entity is participating in such project, to the extent and
        in such amounts necessary to allow for the full duration of
        training, subject to subsection (f)(2), of such primary care
        resident. Any such payments made pursuant to this subparagraph
        shall be deemed to be a payment made under the pilot project.
            (3) Limitation.--In no case may the total duration of the
        pilot project exceed seven years and in no case may payments be
        made under this section to a medical education entity for a
        period exceeding seven years.
    (i) Budget Neutrality.--For each year that the pilot project under
this section is being conducted (and for any subsequent year to the
extent subsection (h)(2) applies), the Secretary shall reduce payments
under subsections (d)(5)(B) and (h) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) by such amount as the Secretary
determines to be necessary to ensure that carrying out the pilot
project under this section during such year does not result in
expenditures under title XVIII of the Social Security Act for such year
that exceed the amount of such expenditures that would have been made
for such year without application of this section.
    (j) Waiver Authority.--The Secretary may waive such requirements of
titles XI and XVIII of the Social Security Act as may be necessary to
carry out the purpose of the pilot project under this section.
    (k) Report to Congress.--The Secretary is authorized to enter into
an agreement with the Institute of Medicine to conduct a study on the
results of the pilot project. Such agreement shall provide for the
Institute of Medicine to submit, not later than 1 year after the
completion of the pilot project under this section (or, if sooner,
January 1, 2019), to Congress a report on the results of such study,
including--
            (1) a detailed analysis of the effects of the pilot,
        including the quality, quantity, and distribution of primary
        care physicians during and after the pilot project compared to
        the quality, quantity, and distribution of such physicians
        before the pilot project; and the governance, administration
        and financial strength of the medical educational entities that
        participated in the pilot project;
            (2) recommendations on the extent to which the pilot
        project should be expanded to all primary care residents; and
            (3) recommendations for such legislation and administrative
        actions as needed.
    (l) Expansion.--If the Secretary determines that any of the models
tested under the pilot project under this section enhance the quality,
quantity, and distribution of primary care physicians for Medicare
beneficiaries, the Secretary may initiate comparable primary care
training projects.
    (m) Definitions.--For purposes of this section:
            (1) Direct graduate medical education costs; indirect
        graduate medical education costs.--The terms ``direct graduate
        medical education costs'' and ``indirect graduate medical
        education'' have the meanings given such terms for purposes of
        subsections (h) and (d)(5)(B), respectively, of section 1886 of
        the Social Security Act (42 U.S.C. 1395ww).
            (2) Medical education entity.--The term ``medical education
        entity'' means a corporate, nonprofit, or academic entity that
        has as its principal mission the education and training of
        primary care residents.
            (3) Medicare beneficiary.--The term ``Medicare
        beneficiary'' means an individual entitled to benefits under
        part A of title XVIII of the Social Security Act or enrolled
        under part B of such title.
            (4) Participant hospital.--The term ``participant
        hospital'' means, with respect to a medical education entity,
        any hospital that establishes, is collaborating with, a
        component of, or otherwise associated with, such entity to
        operate a primary care graduate medical residency training
        program under a model described in subsection (c).
            (5) Primary care graduate medical residency training
        program.--The term ``primary care graduate medical residency
        training program'' means an approved medical residency training
        program (as defined in section 1886(h)(5)(A) of the Social
        Security Act (42 U.S.C. 1395ww(h)(5)(A))) for training primary
        care residents.
            (6) Primary care resident.--The term ``primary care
        resident'' means a resident enrolled in an approved medical
        residency training program in family medicine, general internal
        medicine, general pediatrics, or geriatric medicine.

Summary: Primary Care Workforce Access Improvement Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to conduct a pilot project under title XVIII (Medicare) of the Social Security Act to test models for providing payment for direct graduate medical education (GME) and indirect medical education (IME) to medical education entities (MEEs), not otherwise eligible to receive such payments, for the costs of training primary care residents. Requires testing of two of the following model MEEs: (1) a community-based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs. (2) a MEE, with at least one community representative on its board, which is established by two or more training hospitals which may be the sole corporate members of the MEE. (3) a hospital subsidiary or independent corporation, with community participation in its governance, that operates one or more training programs for a hospital. Or (4) a MEE independent of any hospital but collaborating with one in operating one or more primary care graduate medical residency training programs.

To provide for a Medicare primary care graduate medical education pilot project in order to improve access to the primary care workforce.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Death Gratuity Equity Act of 2016''.

SEC. 2. INCREASING THE DEATH GRATUITY FOR A FEDERAL CIVILIAN EMPLOYEE
              KILLED IN THE LINE OF DUTY.

    (a) Amendment to Title 5.--Subchapter VII of chapter 55 of title 5,
United States Code, is amended by adding at the end the following:
``Sec. 5571. Certain employee death gratuities payable by reason of
              death of a Federal civilian employee resulting from an
              injury sustained in the line of duty
    ``(a) Definitions.--In this section--
            ``(1) the term `child'--
                    ``(A) includes--
                            ``(i) a natural child; and
                            ``(ii) an adopted child; and
                    ``(B) does not include a stepchild who has not been
                adopted by the applicable civilian employee; and
            ``(2) the term `civilian employee' means an individual who
        the Secretary of Labor has determined is an employee, as
        defined in section 8101(1).
    ``(b) Death Gratuity Authorized.--
            ``(1) In general.--Notwithstanding section 8116, and in
        addition to any payment made under subchapter I of chapter 81,
        the head of an agency shall pay from appropriations made
        available for salaries and expenses of that agency a death
        gratuity for the death of a civilian employee of that agency
        occurring on or after the date of enactment of this section if
        the death of the civilian employee--
                    ``(A) resulted from an injury sustained in the line
                of duty; and
                    ``(B) did not result from--
                            ``(i) natural causes; or
                            ``(ii) serious and willful misconduct by
                        the civilian employee.
            ``(2) Payment.--A death gratuity paid under paragraph (1)
        shall be--
                    ``(A) in the amount described in subsection (c);
                and
                    ``(B) paid to a person described in subsection (d).
    ``(c) Amounts Available.--
            ``(1) In general.--Except as provided in paragraph (2), the
        amount of a death gratuity paid under this section shall be--
                    ``(A) $100,000 per civilian employee; and
                    ``(B) adjusted annually on March 1 of each year by
                the amount determined by the Secretary of Labor to
                represent the percentage difference between the
                Consumer Price Index (all items; United States city
                average) published for December of the preceding year
                and that price index published for the December of the
                year before the preceding year, adjusted to the nearest
                \1/10\ of 1 percent.
            ``(2) Local compensation plan.--The amount of a death
        gratuity paid in relation to the death of a civilian employee
        compensated under a local compensation plan established under
        section 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968)
        shall be determined by regulations promulgated by the Secretary
        of State.
    ``(d) Execution of Payment.--
            ``(1) Establishment of claim.--Upon the establishment of a
        valid claim for a death gratuity under this section, payment
        shall be made--
                    ``(A) to a person who--
                            ``(i) survives a civilian employee on the
                        date of the death of the civilian employee; and
                            ``(ii) is alive on the date that title to
                        the payment arises; and
                    ``(B) in the order of precedence established under
                paragraph (2).
            ``(2) Order of payment.--The order of precedence
        established under this paragraph is as follows:
                    ``(A)(i) To a beneficiary designated by the
                civilian employee in a signed and witnessed writing
                that--
                            ``(I) is received by the agency employing
                        the civilian employee before the date of the
                        death of the civilian employee; and
                            ``(II) specifies that the beneficiary shall
                        receive an amount payable under this section.
                    ``(ii) A will or other document that is not
                executed and filed as described in clause (i) shall not
                constitute a writing under clause (i) and such a will
                or other document shall have no force or effect.
                    ``(B) If there is no beneficiary designated under
                subparagraph (A), to the surviving spouse of the
                civilian employee.
                    ``(C) If subparagraphs (A) and (B) do not apply,
                to--
                            ``(i) the child or children of the civilian
                        employee; and
                            ``(ii) any descendants of a deceased child
                        or children of the civilian employee by
                        representation.
                    ``(D) If subparagraphs (A), (B), and (C) do not
                apply, to the surviving parent or parents of the
                civilian employee.
                    ``(E) If subparagraphs (A) through (D) do not
                apply, to the duly appointed executor or administrator
                of the estate of the civilian employee.
                    ``(F) If subparagraphs (A) through (E) do not
                apply, to the person entitled to the payment under the
                laws of the domicile of the civilian employee on the
                date of the death of the civilian employee.
    ``(e) Payment Not Gross Income.--A payment under this section shall
not be considered gross income of a person described in subsection
(d)(2) under section 61 of the Internal Revenue Code of 1986.''.
    (b) Amendments to Title 49.--Section 40122(g)(2) of title 49,
United States Code, is amended--
            (1) by redesignating subparagraphs (C) through (J) as
        subparagraphs (D) through (K), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) section 5571, relating to a death gratuity
                resulting from an injury sustained in the line of
                duty;''.
    (c) Technical and Conforming Amendments.--Chapter 55 of title 5,
United States Code, is amended--
            (1) in the heading for subchapter VII, by striking
        ``EMPLOYEES'' and inserting ``PERSONS AND PAYMENTS FOR
        DISABILITY OR DEATH''; and
            (2) in the table of sections--
                    (A) by striking the item relating to subchapter VII
                and inserting the following:

    ``subchapter vii--payments to missing persons and payments for
                         disability or death'';

                and
                    (B) by inserting after the item relating to section
                5570 the following:

``5571. Certain employee death gratuities payable by reason of death of
                            a Federal civilian employee resulting from
                            an injury sustained in the line of duty.''.

SEC. 3. REPEAL OF 1996 DEATH GRATUITY PAYMENT AUTHORITY.

    Section 651 of the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (5 U.S.C. 8133 note; Public Law 104-208) is
repealed.

SEC. 4. FUNERAL AND BURIAL EXPENSES.

    (a) In General.--Section 8134 of title 5, United States Code, is
amended by striking subsection (a) and inserting the following:
    ``(a)(1) For deaths occurring on or after the date of enactment of
the Death Gratuity Equity Act of 2016, if death results from an injury
sustained in the performance of duty, the United States shall pay, to
the personal representative of the deceased or otherwise, funeral and
burial expenses not to exceed $8,800, in the discretion of the
Secretary of Labor.
    ``(2) The maximum payment permitted under paragraph (1) shall be
adjusted annually on March 1 of each year in accordance with the
adjustment described in section 8146a.''.
    (b) Applicability.--Section 8134(a) of title 5, United States Code,
as in effect on the day before the date of enactment of this Act, shall
apply to a death occurring before the date of enactment of this Act
without regard to whether payment is made before, on, or after the date
of enactment of this Act.

SEC. 5. FEDERAL EMPLOYEES' COMPENSATION ACT DEATH GRATUITY.

    (a) In General.--Section 8102a of title 5, United States Code, is
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Death Gratuity Authorized.--
            ``(1) In general.--
                    ``(A) Payment.--Except as provided in paragraph
                (2), for deaths occurring on or after the date of
                enactment of the Death Gratuity Equity Act of 2016, the
                United States shall pay a death gratuity of $100,000 to
                or for the eligible survivor under subsection (d)
                immediately upon receiving official notification of the
                death of an employee who dies of injuries incurred in
                connection with the service of that employee with an
                Armed Force in a contingency operation.
                    ``(B) Adjustment.--The amount under subparagraph
                (A) shall be adjusted annually on March 1 of each year
                by the amount determined by the Secretary of Labor to
                represent the percentage difference between the
                Consumer Price Index (all items; United States city
                average) published for December of the preceding year
                and that price index published for the December of the
                year before the preceding year, adjusted to the nearest
                \1/10\ of 1 percent.
                    ``(C) No reduction.--The death gratuity payable
                under subparagraph (A) shall not be reduced by the
                amount of any other death gratuity provided under any
                other law of the United States that is based on the
                same death.
            ``(2) Compensation for noncitizens and nonresidents.--For
        claims arising under section 8137, the amount of the death
        gratuity shall be subject to that section and the regulations
        promulgated under that section.'';
            (2) by striking subsection (c);
            (3) by redesignating subsections (d) and (e) as subsections
        (c) and (d), respectively; and
            (4) in subsection (c), as so redesignated, by adding at the
        end the following:
            ``(7) If there are no eligible survivors, as described in
        paragraphs (1) through (6), and the employee has not designated
        another person to receive an amount payable under this section,
        that amount shall be paid to the personal representative of the
        estate of the employee.''.
    (b) Applicability.--Section 8102a of title 5, United States Code,
as in effect on the day before the date of enactment of this Act, shall
apply to a death occurring before the date of enactment of this Act
without regard to whether payment is made before, on, or after the date
of enactment of this Act.

SEC. 6. AGENCY GRATUITY FOR DEATHS SUSTAINED IN THE PERFORMANCE OF DUTY
              ABROAD.

    Section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) is
amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking
                ``dependents'' and inserting ``beneficiary''; and
                    (B) in the second sentence, by inserting ``, except
                as provided in subsection (e)'' after ``payable from
                any source'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Executive Agencies.--The head of an executive agency shall,
pursuant to guidance issued under subsection (c), make a death gratuity
payment authorized by this section to the surviving beneficiary of--
            ``(1) any employee of that agency who dies as a result of
        injuries sustained in the performance of duty abroad while
        subject to the authority of the chief of mission pursuant to
        section 207; or
            ``(2) an individual in a special category serving in an
        uncompensated capacity for that agency abroad in support of a
        diplomatic mission, as identified in guidance issued under
        subsection (c), who dies as a result of injuries sustained in
        the performance of duty abroad.'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Eligibility Under Chapter 81 of Title 5, United States
Code.--A death gratuity payment may be made under this section only if
the death is determined by the Secretary of Labor to have resulted from
an injury (excluding a disease proximately caused by the employment)
sustained in the performance of duty under section 8102 of title 5,
United States Code.'';
            (4) by redesignating subsection (e) as subsection (g);
            (5) by inserting after subsection (d) the following:
    ``(e) Offset.--For deaths occurring on or after the date of
enactment of this subsection, the death gratuity payable under this
section shall be reduced by the amount of any death gratuity provided
under section 5571 of title 5, United States Code, based on the same
death.
    ``(f) Tax Treatment.--A payment under this section shall not be
considered gross income of a surviving beneficiary under section 61 of
the Internal Revenue Code of 1986.''; and
            (6) in subsection (g), as so redesignated, by amending
        paragraph (2) to read as follows:
            ``(2) the term `surviving beneficiary' means the person
        identified under the order of precedence established under
        section 5571(d)(2) of title 5, United States Code.''.

SEC. 7. EMERGENCY SUPPLEMENTAL AUTHORIZATION IN THE EVENT OF THE
              INABILITY OF AN AGENCY TO MEET THE REQUIREMENTS OF THIS
              ACT.

    (a) In General.--If the head of an agency (as defined in section
5561 of title 5, United States Code) determines, with the concurrence
of the Director of the Office of Management and Budget, that a natural
disaster, act of terrorism, or other incident results in the inability
of the agency to meet the requirements of this Act and the amendments
made by this Act, additional amounts are authorized to be appropriated
to make additional payments--
            (1) under--
                    (A) section 5571(b) of title 5, United States Code,
                as added by section 2(a);
                    (B) section 8102a of title 5, United States Code,
                as amended by section 5; and
                    (C) section 413 of the Foreign Service Act of 1980
                (22 U.S.C. 3973), as amended by section 6; and
            (2) that would exceed the amount available to the agency
        without the additional appropriations.
    (b) Additional Payments.--A payment authorized under subsection (a)
may be made only if additional appropriations are provided for a
purpose described in that subsection.
    (c) Congressional Vote.--It is the sense of Congress that Congress
should vote on a request for additional appropriations under this
section not later than 30 days after the date of submission of such a
request to Congress.

Summary: Death Gratuity Equity Act of 2016 This bill requires federal agencies to pay a death gratuity of $100,000 per employee for the death of civilian employees resulting from injuries sustained in the line of duty that did not result from natural causes or the employee's serious and willful misconduct. The bill also allows an additional payment of up to $8,800 for funeral and burial expenses. The amounts must be adjusted annually for inflation. For tax purposes, a death gratuity payment shall not be considered gross income to the person receiving payment. The death gratuity remains at $100,000 for an employee who dies of injuries incurred in connection with service with an Armed Force in a contingency operation, except that employees who are noncitizens and nonresidents of the United States or Canada, and their dependents, are subject to the Department of Labor's authority to modify payments that are substantially disproportionate to compensation for disability or death payable in similar cases under local laws or customs at the place outside the continental United States or Canada where the employee is working at the time of injury. The bill also allows such death gratuities in connection with such Armed Force service to be paid in addition to any other amounts paid under US law based on the same death. The Foreign Service Act of 1980 is amended to make death gratuities payable to the surviving beneficiaries of US Foreign Service employees, or individuals in a special category serving in an uncompensated capacity for that agency in support of a diplomatic mission, who die as a result of injuries sustained in the performance of duty abroad. But the Foreign Service death gratuity is reduced by the amount of any federal civilian employee death gratuity paid under this bill for the same death. Additional amounts are authorized to be appropriated for death gratuity payments under this bill if an agency and the Office of Management and Budget determine that a natural disaster, act of terrorism, or other incident results in the inability of the agency to meet these death gratuity payment requirements. An authorized payment that exceeds the amount available to the agency without additional appropriations may be made only if Congress makes the additional appropriations for that purpose.

Death Gratuity Equity Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homebuyer Tax Credit Improvement Act
of 2009''.

SEC. 2. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME
              HOMEBUYER TAX CREDIT.

    (a) Age Limitation.--
            (1) In general.--Subsection (b) of section 36 of the
        Internal Revenue Code of 1986 is amended by adding at the end
        the following new paragraph:
            ``(3) Age limitation.--No credit shall be allowed under
        subsection (a) with respect to the purchase of any residence
        unless the taxpayer has attained age 18 as of the date of such
        purchase. In the case of any taxpayer who is married (within
        the meaning of section 7703), the taxpayer shall be treated as
        meeting the age requirement of the preceding sentence if the
        taxpayer or the taxpayer's spouse meets such age
        requirement.''.
            (2) Conforming amendment.--Subsection (g) of section 36 of
        such Code is amended by striking ``subsections (c) and
        (f)(4)(D)'' and inserting ``subsection (b)(3), (c), and
        (f)(4)(D)''.
    (b) Documentation Requirement.--Subsection (d) of section 36 of
such Code is amended by striking ``or'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting ``, or'',
and by adding at the end the following new paragraph:
            ``(3) the taxpayer fails to attach to the return of tax for
        such taxable year a properly executed copy of the settlement
        statement used to complete such purchase.''.
    (c) Restriction on Married Individual Acquiring Residence From
Family of Spouse.--Clause (i) of section 36(c)(3)(A) of such Code is
amended by inserting ``(or, if married, such individual's spouse)''
after ``person acquiring such property''.
    (d) Certain Errors With Respect to the First-Time Homebuyer Tax
Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of
section 6213(g) of such Code is amended by striking ``and'' at the end
of subparagraph (M), by striking the period at the end of subparagraph
(N) and inserting ``, and'', and by inserting after subparagraph (N)
the following new subparagraph:
                    ``(O) an entry on a return claiming the credit
                under section 36 if--
                            ``(i) the Secretary obtains information
                        from the person issuing the TIN of the taxpayer
                        that indicates that the taxpayer does not meet
                        the age requirement of section 36(b)(3),
                            ``(ii) information provided to the
                        Secretary by the taxpayer on an income tax
                        return for at least one of the 2 preceding
                        taxable years is inconsistent with eligibility
                        for such credit, or
                            ``(iii) the taxpayer fails to attach to the
                        return the form described in section
                        36(d)(3).''.
    (e) Effective Date.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        purchases after the date of the enactment of this Act.
            (2) Documentation requirement.--The amendments made by
        subsection (b) shall apply to returns for taxable years ending
        after the date of the enactment of this Act.
            (3) Treatment as mathematical and clerical errors.--The
        amendments made by subsection (d) shall apply to returns for
        taxable years ending on or after April 9, 2008.

SEC. 3. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS
              ELECTRONICALLY.

    (a) In General.--Subsection (e) of section 6011 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(3) Special rule for tax return preparers.--
                    ``(A) In general.--The Secretary shall require than
                any individual income tax return prepared by a tax
                return preparer be filed on magnetic media if--
                            ``(i) such return is filed by such tax
                        return preparer, and
                            ``(ii) such tax return preparer is a
                        specified tax return preparer for the calendar
                        year during which such return is filed.
                    ``(B) Specified tax return preparer.--For purposes
                of this paragraph, the term `specified tax return
                preparer' means, with respect to any calendar year, any
                tax return preparer unless such preparer reasonably
                expects to file 100 or fewer individual income tax
                returns during such calendar year.
                    ``(C) Individual income tax return.--For purposes
                of this paragraph, the term `individual income tax
                return' means any return of the tax imposed by subtitle
                A on individuals, estates, or trusts.''.
    (b) Conforming Amendment.--Paragraph (1) of section 6011(e) of such
Code is amended by striking ``The Secretary may not'' and inserting
``Except as provided in paragraph (3), the Secretary may not''.
    (c) Effective Date.--The amendments made by this section shall
apply to returns filed after December 31, 2010.

Summary: Homebuyer Tax Credit Improvement Act of 2009 - Amends the Internal Revenue Code, with respect to the first-time homebuyer tax credit, to: (1) deny such credit to taxpayers under the age of 18. (2) require a taxpayer claiming such credit to attach to their returns a properly executed copy of the settlement statement used to purchase their residence. And (3) prohibit a credit for residences acquired from a spouse. Requires tax return preparers to file tax returns electronically unless they reasonably expect to file 100 or fewer individual income returns in a calendar year.

To amend the Internal Revenue Code of 1986 to enhance the administration of, and reduce fraud related to, the first-time homebuyer tax credit, and for other purposes.