SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hydrographic Services Improvement
Act Amendments of 2008''.

SEC. 2. DEFINITIONS.

    Section 302 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892) is amended--
            (1) by amending paragraph (3) to read as follows:
            ``(3) Hydrographic data.--The term `hydrographic data'
        means information that--
                    ``(A) is acquired through--
                            ``(i) hydrographic, bathymetric,
                        photogrammetric, lidar, radar, remote sensing,
                        or shoreline and other ocean- and coastal-
                        related surveying;
                            ``(ii) geodetic, geospatial, or geomagnetic
                        measurements;
                            ``(iii) tide, water level, and current
                        observations; or
                            ``(iv) other methods; and
                    ``(B) is used in providing hydrographic
                services.'';
            (2) by amending paragraph (4)(A) to read as follows:
                    ``(A) the management, maintenance, interpretation,
                certification, and dissemination of bathymetric,
                hydrographic, shoreline, geodetic, geospatial,
                geomagnetic, and tide, water level, and current
                information, including the production of nautical
                charts, nautical information databases, and other
                products derived from hydrographic data;''; and
            (3) by striking paragraph (5).

SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.

    Section 303 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the Act of 1947,'' and inserting
                ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et
                seq.)''; and
                    (B) in paragraph (1) by striking ``data;'' and
                inserting ``data and provide hydrographic services;'';
            (2) in subsection (b)--
                    (A) by striking ``the Act of 1947,'' and inserting
                ``the Coast and Geodetic Survey Act (33 U.S.C. 883a et
                seq.)'';
                    (B) in paragraph (3) by striking ``title IX of the
                Federal Property and Administrative Services Act of
                1949; and'' and inserting ``subchapter VI of chapter 10
                of title 40, United States Code;'';
                    (C) in paragraph (4) by striking the period and
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(5) may create, support, and maintain a Joint
        Hydrographic Institute.''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Acquisition of Hydrographic Data and Provide Hydrographic
Services.--To the extent that it does not detract from the promotion of
safe and efficient navigation, the Administrator may acquire
hydrographic data and provide hydrographic services to--
            ``(1) support the conservation and management of coastal
        and ocean resources;
            ``(2) save and protect life and property;
            ``(3) support the resumption of commerce in response to
        emergencies, natural disasters, and man-made disasters; and
            ``(4) meet homeland security and maritime domain awareness
        needs, including carrying out mission assignments (as that term
        is defined in section 641 of the Post-Katrina Emergency
        Management Reform Act of 2006 (6 U.S.C. 741).''.

SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.

    Section 305 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892c) is amended--
            (1) in subsection (c)(1)(A) by striking ``Director'' and
        inserting ``Co-directors'';
            (2) in subsections (c)(1)(C), (c)(3), and (e) by striking
        ``Secretary'' each place it appears and inserting
        ``Administrator''; and
            (3) by amending subsection (d) to read as follows:
    ``(d) Compensation.--Voting members of the panel shall be
reimbursed for actual and reasonable expenses, including travel and per
diem, incurred in the performance of duties for the panel.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 306 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892d) is amended to read as follows:

``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator the
following:
            ``(1) To carry out nautical mapping and charting functions
        under sections 303 and 304, except for conducting hydrographic
        surveys--
                    ``(A) $55,000,000 for fiscal year 2009;
                    ``(B) $56,000,000 for fiscal year 2010;
                    ``(C) $57,000,000 for fiscal year 2011; and
                    ``(D) $58,000,000 for fiscal year 2012.
            ``(2) To contract for hydrographic surveys under section
        303(b)(1), including the leasing or time chartering of
        vessels--
                    ``(A) $32,130,000 for fiscal year 2009;
                    ``(B) $32,760,000 for fiscal year 2010;
                    ``(C) $33,390,000 for fiscal year 2011; and
                    ``(D) $34,020,000 for fiscal year 2012.
            ``(3) To operate hydrographic survey vessels owned by the
        United States and operated by the Administration--
                    ``(A) $25,900,000 for fiscal year 2009;
                    ``(B) $26,400,000 for fiscal year 2010;
                    ``(C) $26,900,000 for fiscal year 2011; and
                    ``(D) $27,400,000 for fiscal year 2012.
            ``(4) To carry out geodetic functions under this title--
                    ``(A) $32,640,000 for fiscal year 2009;
                    ``(B) $32,280,000 for fiscal year 2010;
                    ``(C) $33,920,000 for fiscal year 2011; and
                    ``(D) $34,560,000 for fiscal year 2012.
            ``(5) To carry out tide and current measurement functions
        under this title--
                    ``(A) $27,000,000 for fiscal year 2009;
                    ``(B) $27,500,000 for fiscal year 2010;
                    ``(C) $28,000,000 for fiscal year 2011; and
                    ``(D) $28,500,000 for fiscal year 2012.
            ``(6) To acquire a replacement hydrographic survey vessel
        capable of staying at sea continuously for at least 30 days
        $75,000,000.''.

SEC. 6. ADDITION OF SHORT TITLE TO EXISTING LAW.

    The Act of August 6, 1947 (chapter 504; 33 U.S.C. 883a et seq.) is
amended by adding at the end the following:

``SEC. 11. SHORT TITLE.

    ``This Act may be cited as the `Coast and Geodetic Survey Act'.''.

            Passed the House of Representatives March 31, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Hydrographic Services Improvement Act Amendments of 2008 - Amends the Hydrographic Services Improvement Act of 1998 to revise the definition of hydrographic data to include information acquired through lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations. Revises the definition of hydrographic services to include shoreline and water level information. Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to provide hydrographic services. Modifies requirements regarding the awarding of contracts for the acquisition of hydrographic data. Authorizes the Administrator to create and maintain a Joint Hydrographic Institute. Authorizes the Administrator to acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources, save and protect life and property, support commerce resumption after emergencies and disasters, and meet homeland security and maritime domain awareness needs, including carrying out mission assignments. Modifies membership and compensation provisions regarding the Hydrographic Services Review Panel. Authorizes appropriations to carry out nautical mapping and charting, contract for hydrographic surveys, operate hydrographic survey vessels, carry out geodetic functions, carry out tide and current measurement, and acquire a replacement hydrographic survey vessel. Amends the Act of August 6, 1947, to give it the name Coast and Geodetic Survey Act.

To reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kids 2000 Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) There is an increasing epidemic of juvenile crime
        throughout the United States.
            (2) It is well documented that the majority of juvenile
        crimes take place during after-school hours.
            (3) Knowledge of technology is becoming increasingly
        necessary for children in school and out of school.
            (4) The Boys and Girls Clubs of America have 2,300 clubs
        throughout all 50 States, serving over 3,000,000 boys and girls
        primarily from at-risk communities.
            (5) The Boys and Girls Clubs of America have the physical
        structures in place for immediate implementation of an after-
        school technology program.
            (6) Building technology centers and providing integrated
        content and full-time staffing at those centers in the Boys and
        Girls Clubs of America nationwide will help foster education,
        job training, and an alternative to crime for at-risk youth.
            (7) Partnerships between the public sector and the private
        sector are an effective way of providing after-school
        technology programs in the Boys and Girls Clubs of America.
            (8) PowerUp: Bridging the Digital Divide is an entity
        comprised of more than a dozen nonprofit organizations, major
        corporations, and Federal agencies that have joined together to
        launch a major new initiative to help ensure that America's
        underserved young people acquire the skills, experiences, and
        resources they need to succeed in the digital age.
            (9) Bringing PowerUp into the Boys and Girls Clubs of
        America will be an effective way to ensure that our youth have
        a safe, crime-free environment in which to learn the
        technological skills they need to close the divide between
        young people who have access to computer-based information and
        technology-related skills and those who do not.

SEC. 3. AFTER-SCHOOL TECHNOLOGY GRANTS TO THE BOYS AND GIRLS CLUBS OF
              AMERICA.

    (a) Purposes.--The Attorney General shall make grants to the Boys
and Girls Clubs of America for the purpose of funding effective after-
school technology programs, such as PowerUp, in order to provide--
            (1) constructive technology-focussed activities that are
        part of a comprehensive program to provide access to technology
        and technology training to youth during after-school hours,
        weekends, and school vacations;
            (2) supervised activities in safe environments for youth;
        and
            (3) full-time staffing with teachers, tutors, and other
        qualified personnel.
    (b) Subawards.--The Boys and Girls Clubs of America shall make
subawards to local boys and girls clubs authorizing expenditures
associated with providing technology programs such as PowerUp,
including the hiring of teachers and other personnel, procurement of
goods and services, including computer equipment, or such other
purposes as are approved by the Attorney General.

SEC. 4. APPLICATIONS.

    (a) Eligibility.--In order to be eligible to receive a grant under
this Act, an applicant for a subaward (specified in section 3(b)) shall
submit an application to the Boys and Girls Clubs of America, in such
form and containing such information as the Attorney General may
reasonably require.
    (b) Application Requirements.--Each application submitted in
accordance with subsection (a) shall include--
            (1) a request for a subgrant to be used for the purposes of
        this Act;
            (2) a description of the communities to be served by the
        grant, including the nature of juvenile crime, violence, and
        drug use in the communities;
            (3) written assurances that Federal funds received under
        this Act will be used to supplement and not supplant, non-
        Federal funds that would otherwise be available for activities
        funded under this Act;
            (4) written assurances that all activities funded under
        this Act will be supervised by qualified adults;
            (5) a plan for assuring that program activities will take
        place in a secure environment that is free of crime and drugs;
            (6) a plan outlining the utilization of content-based
        programs such as PowerUp, and the provision of trained adult
        personnel to supervise the after-school technology training;
        and
            (7) any additional statistical or financial information
        that the Boys and Girls Clubs of America may reasonably
        require.

SEC. 5. GRANT AWARDS.

    In awarding subgrants under this Act, the Boys and Girls Clubs of
America shall consider--
            (1) the ability of the applicant to provide the intended
        services;
            (2) the history and establishment of the applicant in
        providing youth activities; and
            (3) the extent to which services will be provided in crime-
        prone areas and technologically underserved populations, and
        efforts to achieve an equitable geographic distribution of the
        grant awards.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated
$20,000,000 for each of the fiscal years 2001 through 2006 to carry out
this Act.
    (b) Source of Funds.--Funds to carry out this Act may be derived
from the Violent Crime Reduction Trust Fund.
    (c) Continued Availability.--Amounts made available under this
section shall remain available until expended.

Summary: Directs the Boys and Girls Clubs of America to make sub-awards to local boys and girls clubs authorizing expenditures associated with providing technology programs, including the hiring of teachers and other personnel and the procurement of goods and services, including computer equipment. Sets forth provisions regarding grant eligibility, application requirements, and criteria for making grant awards. Authorizes appropriations. Allows funds to carry out this Act to be derived from the Violent Crime Reduction Trust Fund.

Kids 2000 Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Legislative Automatic Spending
Hikes (SLASH) Act of 2008''.

       TITLE I--ELIMINATION OF INEFFECTIVE AGENCIES AND PROGRAMS

SEC. 101. ANNUAL LIST OF AFFECTED AGENCIES AND PROGRAMS.

    Before October 1 of each calendar year, the Director of the Office
of Management and Budget shall transmit to Congress a report containing
a list comprised of all agencies and programs that received ineffective
ratings under the most recent program assessment rating tool pursuant
to the Government Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285) or three consecutive annual adequate ratings under
that program assessment rating tool and the preceding two program
assessment rating tools.

SEC. 102. TERMINATION OF CERTAIN AGENCIES AND PROGRAMS.

    Sixty calendar days after the date upon which the Director of the
Office of Management and Budget transmits a report to Congress under
section 1, all agencies and programs named on such list shall terminate
unless, before the end of such 60-day period, a statute has been
enacted into law stating that all such agencies and programs shall not
terminate.

SEC. 103. TRANSITION PROVISIONS.

    Whenever any agency or program is terminated under this Act, all
orders, grants, contracts, and other determinations or actions of that
agency or program that are effective as of the date before the date of
such termination, shall be transferred by the Director of the Office of
Management and Budget to an appropriate agency and shall continue in
effect according to their terms unless changed pursuant to law.

SEC. 104. ESTIMATION OF SAVINGS.

    The Director of the Office of Management and Budget shall annually
estimate the dollar amount of savings to the Government from the
operation of this title for each calendar year and shall annually
report such dollar amount to the Secretary of the Treasury.

                     TITLE II--REBATES TO TAXPAYERS

SEC. 201. REBATE OF SAVINGS TO TAXPAYERS.

    (a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:

``SEC. 6431. PROGRAM ELIMINATION REBATES.

    ``(a) In General.--In the case of an eligible taxpayer, there shall
be allowed as a credit against the tax imposed by subtitle A for the
first taxable year beginning in any calendar year an amount equal to
the program elimination rebate amount determined by the Secretary for
such calendar year.
    ``(b) Program Elimination Rebate Amount.--For purposes of this
section, the term `program elimination rebate amount' means, with
respect to any calendar year, the amount that the Secretary estimates
will result in a reduction in revenue to the Government equal to the
dollar amount of estimated savings reported to the Secretary by the
Director of the Office of Management and Budget under section 104 of
the Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 for
the preceding calendar year.
    ``(c) Eligible Taxpayer.--For purposes of this section,
            ``(1) In general.--The term `eligible taxpayer' means any
        eligible individual if such taxpayer--
                    ``(A) has qualifying income of at least $3,000, or
                    ``(B) has--
                            ``(i) net income tax liability which is
                        greater than zero, and
                            ``(ii) gross income which is greater than
                        the sum of the basic standard deduction plus
                        the exemption amount (twice the exemption
                        amount in the case of a joint return).
            ``(2) Eligible individual.--The term `eligible individual'
        means any individual other than--
                    ``(A) any nonresident alien individual,
                    ``(B) any individual with respect to whom a
                deduction under section 151 is allowable to another
                taxpayer for a taxable year beginning in the calendar
                year in which the individual's taxable year begins, and
                    ``(C) an estate or trust.
            ``(3) Qualifying income.--The term `qualifying income'
        means--
                    ``(A) earned income,
                    ``(B) Social Security benefits (within the meaning
                of section 86(d)), and
                    ``(C) any compensation or pension received under
                chapter 11, chapter 13, or chapter 15 of title 38,
                United States Code.
            ``(4) Net income tax liability.--The term `net income tax
        liability' means the excess of--
                    ``(A) the sum of the taxpayer's regular tax
                liability (within the meaning of section 26(b)) and the
                tax imposed by section 55 for the taxable year, over
                    ``(B) the credits allowed by part IV (other than
                section 24 and subpart C thereof) of subchapter A of
                chapter 1.
    ``(d) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
    ``(e) Coordination With Advance Refunds of Credit.--
            ``(1) In general.--The amount of credit which would (but
        for this paragraph) be allowable under this section for any
        taxable year shall be reduced (but not below zero) by the
        aggregate refunds and credits made or allowed to the taxpayer
        under subsection (f) with respect to such amount for the
        preceding taxable year. Any failure to so reduce the credit
        shall be treated as arising out of a mathematical or clerical
        error and assessed according to section 6213(b)(1).
            ``(2) Joint returns.--In the case of a refund or credit
        made or allowed under subsection (f) with respect to a joint
        return, half of such refund or credit shall be treated as
        having been made or allowed to each individual filing such
        return.
    ``(f) Advance Refunds and Credits.--
            ``(1) In general.--Each individual who was an eligible
        individual for the taxable year preceding any taxable year to
        which subsection (a) applies shall be treated as having made a
        payment against the tax imposed by chapter 1 for such preceding
        taxable year in an amount equal to the program elimination
        refund amount determined for the taxable year to which
        subsection (a) applies.
            ``(2) Timing of payments.--The Secretary shall, subject to
        the provisions of this title, refund or credit any overpayment
        attributable to this subsection as rapidly as possible. No
        refund or credit shall be made or allowed under this subsection
        with respect to any taxable year beginning in a calendar year
        after December 31 of the following calendar year.
            ``(3) No interest.--No interest shall be allowed on any
        overpayment attributable to this subsection.
    ``(g) Identification Number Requirement.--
            ``(1) In general.--No credit shall be allowed under
        subsection (a) to an eligible individual who does not include
        on the return of tax for the taxable year--
                    ``(A) such individual's valid identification
                number, and
                    ``(B) in the case of a joint return, the valid
                identification number of such individual's spouse,
            ``(2) Valid identification number.--For purposes of
        paragraph (1), the term `valid identification number' means a
        Social Security number issued to an individual by the Social
        Security Administration. Such term shall not include a TIN
        issued by the Internal Revenue Service.''.
    (b) Administrative Provisions.--
            (1) Definition of deficiency.--Section 6211(b)(4)(A) of the
        Internal Revenue Code of 1986 is amended by striking ``and
        6428'' and inserting ``6428 and 6431''.
            (2) Mathematical or clerical error authority.--Section
        6213(g)(2)(L) of such Code is amended by striking ``or 6428''
        and inserting ``6428, or 6431''.
    (c) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by striking ``or 6428'' inserting
        ``6428, or 6431''.
            (2) The table of section for subchapter B of chapter 65 of
        the Internal Revenue Code of 1986 is amended by adding at the
        end the following new item:

``Sec. 6431. Program elimination rebates.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Stop Legislative Automatic Spending Hikes (SLASH) Act of 2008 - Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress on all agencies and programs that received ineffective ratings or three consecutive annual adequate ratings under the Government Performance and Results Act of 1993. (2) the termination of such agencies and programs unless continued by statute. (3) the transfer of the functions of such terminated agencies and programs to other appropriate agencies. And (4) an annual OMB estimate of the savings under this Act. Amends the Internal Revenue Code to grant tax rebates to individual taxpayers from the amounts saved by the termination of ineffective agencies and programs under this Act.

To provide for the elimination of agencies and programs which receive ineffective ratings or three consecutive adequate ratings under the Government Performance and Results Act of 1993 and to amend the Internal Revenue Code of 1986 to rebate the savings from such eliminations to the taxpayers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hibben Center for Archaeological
Research Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) when the Chaco Culture National Historical Park was
        established in 1907 as the Chaco Canyon National Monument, the
        University of New Mexico owned a significant portion of the
        land located within the boundaries of the Park;
            (2) during the period from the 1920's to 1947, the
        University of New Mexico conducted archaeological research in
        the Chaco Culture National Historical Park;
            (3) in 1949, the University of New Mexico--
                    (A) conveyed to the United States all right, title,
                and interest of the University in and to the land in
                the Park; and
                    (B) entered into a memorandum of agreement with the
                National Park Service establishing a research
                partnership with the Park;
            (4) since 1971, the Chaco Culture National Historical Park,
        through memoranda of understanding and cooperative agreements
        with the University of New Mexico, has maintained a research
        museum collection and archive at the University;
            (5) both the Park and the University have large,
        significant archaeological research collections stored at the
        University in multiple, inadequate, inaccessible, and cramped
        repositories; and
            (6) insufficient storage at the University makes research
        on and management, preservation, and conservation of the
        archaeological research collections difficult.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Hibben center.--The term ``Hibben Center'' means the
        Hibben Center for Archaeological Research to be constructed at
        the University under section 4(a).
            (2) Park.--The term ``Park'' means the Chaco Culture
        National Historical Park in the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (4) Tenant improvement.--The term ``tenant improvement''
        includes--
                    (A) finishing the interior portion of the Hibben
                Center leased by the National Park Service under
                section 4(c)(1); and
                    (B) installing in that portion of the Hibben
                Center--
                            (i) permanent fixtures; and
                            (ii) portable storage units and other
                        removable objects.
            (5) University.--The term ``University'' means the
        University of New Mexico.

SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH.

    (a) Establishment.--The Secretary may, in cooperation with the
University, construct and occupy a portion of the Hibben Center for
Archaeological Research at the University.
    (b) Grants.--
            (1) In general.--The Secretary may provide to the
        University a grant to pay the Federal share of the construction
        and related costs for the Hibben Center under paragraph (2).
            (2) Federal share.--The Federal share of the construction
        and related costs for the Hibben Center shall be 37 percent.
            (3) Limitation.--Amounts provided under paragraph (1) shall
        not be used to pay any costs to design, construct, and furnish
        the tenant improvements under subsection (c)(2).
    (c) Lease.--
            (1) In general.--Before funds made available under section
        5 may be expended for construction costs under subsection
        (b)(1) or for the costs for tenant improvements under paragraph
        (2), the University shall offer to enter into a long-term lease
        with the United States that--
                    (A) provides to the National Park Service space in
                the Hibben Center for storage, research, and offices;
                and
                    (B) is acceptable to the Secretary.
            (2) Tenant improvements.--The Secretary may design,
        construct, and furnish tenant improvements for, and pay any
        moving costs relating to, the portion of the Hibben Center
        leased to the National Park Service under paragraph (1).
    (d) Cooperative Agreements.--To encourage collaborative management
of the Chacoan archaeological objects associated with northwestern New
Mexico, the Secretary may enter into cooperative agreements with the
University, other units of the National Park System, other Federal
agencies, and Indian tribes for--
            (1) the curation of and conduct of research on artifacts in
        the museum collection described in section 2(4); and
            (2) the development, use, management, and operation of the
        portion of the Hibben Center leased to the National Park
        Service under subsection (c)(1).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated--
            (1) to pay the Federal share of the construction costs
        under section 4(b), $1,574,000; and
            (2) to pay the costs of carrying out section 4(c)(2),
        $2,198,000.
    (b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
    (c) Reversion.--If the lease described in section 4(c)(1) is not
executed by the date that is 2 years after the date of enactment of
this Act, any amounts made available under subsection (a) shall revert
to the Treasury of the United States.

Summary: Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico. (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center. And (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS). Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices. And (2) is acceptable to the Secretary. Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University. And (2) the development, use, management, and operation of the portion of the Center leased to NPS.

A bill to authorize the Secretary of the Interior, in cooperation with the University of New Mexico, to construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trigger Lock Act of 1997''.

SEC. 2. CHILD SAFETY LOCKS FOR FIREARMS.

    (a) Civil Prohibitions.--
            (1) Prohibition against transfer of firearm without locking
        device attached.--
                    (A) Prohibition.--Effective 12 months after the
                date of the enactment of this Act, it shall be unlawful
                for any person, in or affecting commerce, to transfer a
                firearm in the United States, unless a locking device
                is attached to, or is an integral part of, the firearm.
                    (B) Penalties.--
                            (i) Private transfers.--The Secretary shall
                        impose a civil fine of $5,000 on any person,
                        other than a licensed dealer or licensed
                        manufacturer, who violates subparagraph (A).
                            (ii) Transfers by federally licensed
                        firearms dealers.--The Secretary shall impose a
                        civil fine of $10,000 on any licensed dealer
                        who violates subparagraph (A), and shall
                        suspend or revoke any license issued under
                        chapter 44 of title 18, United States Code, to
the dealer.
                            (iii) Transfers by federally licensed
                        firearms manufacturers.--The Secretary shall
                        impose a civil fine of $25,000 on any licensed
                        manufacturer who violates subparagraph (A), and
                        shall suspend or revoke any license issued
                        under chapter 44 of title 18, United States
                        Code, to the manufacturer.
            (2) Prohibition against manufacture of handgun without
        locking device attached.--
                    (A) Prohibition.--Effective 18 months after the
                date of the enactment of this Act, it shall be unlawful
                for any person, in or affecting commerce, to
                manufacture a handgun in the United States, unless a
                locking device that meets the minimum quality standards
                prescribed under subsection (e) is attached to, or is
                an integral part of, the firearm.
                    (B) Penalties.--The Secretary shall impose a civil
                fine of $25,000 on any person who violates subparagraph
                (A), and shall suspend or revoke any license issued
                under chapter 44 of title 18, United States Code, to
                the manufacturer.
            (3) Prohibition against transfer of firearm by licensee
        without notice and warning.--
                    (A) Prohibition.--Effective 60 days after the date
                of the enactment of this Act, it shall be unlawful for
                any licensed importer, licensed manufacturer, or
                licensed dealer to transfer a handgun that is not
                accompanied by the following, which shall be printed in
                \3/4\-inch type:
    ``THE USE OF A LOCKING BOX OR LOCKING DEVICE PLACED ON THE TRIGGER
GUARD OF A FIREARM IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE.
FIREARMS AND THEIR AMMUNITION SHOULD BE STORED AND SECURED IN A
LOCATION THAT IS INACCESSIBLE TO CHILDREN.
    ``IF MISUSED, HANDGUNS CAN RESULT IN UNINTENTIONAL INJURY OR LOSS
OF LIFE. TRIGGER LOCKS LOWER THE RISK OF UNINTENTIONAL DISCHARGE,
HOWEVER TRIGGER LOCKS DO NOT TOTALLY ELIMINATE THE RISK.
    ``FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN
CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE
POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.''.
                    (B) Penalties.--
                            (i) Transfers by federally licensed
                        firearms dealers or importers.--The Secretary
                        shall impose a civil fine of $10,000 on any
                        licensed dealer or licensed importer who
                        violates subparagraph (A), and shall suspend or
                        revoke any license issued under chapter 44 of
                        title 18, United States Code, to the dealer or
                        importer.
                            (ii) Transfers by federally licensed
                        firearms manufacturers.--The Secretary shall
                        impose a civil fine of $5,000 on any licensed
                        manufacturer who violates subparagraph (A), and
                        shall suspend or revoke any license issued
                        under chapter 44 of title 18, United States
                        Code, to the manufacturer.
            (4) Inapplicability to governmental entities.--Paragraphs
        (1), (2), and (3) shall not apply to conduct of, or authorized
        by, the United States or any department or agency thereof, or
        any State or any department, agency, or political subdivision
        thereof.
            (5) Judicial review.--Not later than 60 days after an
        individual receives notice from the Secretary of a decision to
        impose a fine on, or suspend or revoke a license of, the
        individual under this subsection, the individual may bring an
        action against the Secretary in any United States district
        court for de novo review of the decision.
    (b) Criminal Prohibition Against Adult Leaving Firearm and
Ammunition With an Unsupervised Minor.--
            (1) Prohibition.--Section 922 of title 18, United States
        Code, is amended by inserting after subsection (x) the
        following:
    ``(y)(1) It shall be unlawful for an adult to leave a loaded
firearm, or an unloaded firearm and ammunition for the firearm, with a
minor, unless the possession of the firearm by the minor is supervised
by an adult who is not prohibited by Federal, State, or local law from
possessing a firearm.
    ``(2) As used in paragraph (1):
            ``(A) The term `adult' means an individual who has attained
        18 years of age.
            ``(B) The term `minor' means an individual who has not
        attained 18 years of age.''.
            (2) Penalties.--Section 924(a) of such title is amended by
        adding at the end the following:
    ``(7) Whoever knowingly violates section 922(y) shall,
notwithstanding section 3571, be fined not more than $10,000,
imprisoned not more than 1 year, or both.''.
    (c) Studies.--
            (1) Standards for Locking Devices.--
                    (A) In general.--The National Institute of Justice
                and the Consumer Product Safety Commission shall each
                conduct a study to determine the feasibility of
                developing minimum quality standards for locking
                devices.
                    (B) Report.--Not later than 90 days after the date
                of the enactment of this Act, the National Institute of
                Justice and the Consumer Product Safety Commission
                shall each submit to the Attorney General and the
                Secretary of the Treasury a report that includes the
                results of the study required of the entity by
                subparagraph (A) and any recommendations for
                legislative or regulatory action.
            (2) Results of this section.--
                    (A) In general.--The Director of the Centers for
                Disease Control shall conduct a study on the results of
                this section.
                    (B) Report.--Not later than 18 months after the
                date of the enactment of this Act, the Director of the
                Centers for Disease Control and Prevention shall submit
                to the Attorney General and the Secretary of the
                Treasury a report that contains the findings of the
                study required by subparagraph (A).
    (d) Educational Programs.--For public service announcements and
counter advertisements designed to educate the public on the proper
storage of firearms, not more than $1,000,000 are authorized to be
appropriated for fiscal year 1998 to each of the Attorney General and
the Secretary of Health and Human Services, who shall coordinate their
expenditure of the sums appropriated pursuant to this subsection, and
the sums are authorized to remain available until expended.
    (e) Regulations Governing Manufacture of Locking Devices.--Within 6
months after the date of the enactment of this Act, the Secretary shall
issue final regulations which prescribe minimum quality standards for
locking devices.
    (f) Definitions.--As used in this section:
            (1) Locking device.--The term ``locking device'' means a
        device that--
                    (A) when installed and secured (with a key,
                electronic code, or electro-mechanically operated
                combination lock) on the trigger guard of a firearm,
                and while activated, prevents the firearm from being
                discharged; or
                    (B) is incorporated into the design of, and is an
                integral part of, a handgun, and while activated,
                prevents the handgun from being discharged.
            (2) Other terms.--The terms ``State'', ``firearm'',
        ``handgun'', ``dealer'', ``licensed dealer'', ``manufacturer'',
        ``licensed manufacturer'', ``importer'', ``licensed importer'',
        and ``Secretary'' shall have the meanings given such terms in
        section 921(a) of title 18, United States Code.

Summary: Trigger Lock Act of 1997 - Prohibits the transfer of a firearm in the United States, in or affecting commerce, unless a locking device is attached to, or is an integral part of, the firearm. Sets penalties for private transfers and transfers by federally licensed firearms dealers and manufacturers. Prohibits and sets penalties for: (1) the manufacture of a handgun in the United States, in or affecting commerce, unless a locking device that meets specified minimum quality standards is attached to, or is an integral part of, the firearm. (2) the transfer by any licensed importer, manufacturer, or dealer of a handgun that is not accompanied by a specified printed message regarding firearm safety and storage. And (3) leaving a loaded firearm, or an unloaded firearm and ammunition, with a minor unless the possession by the minor is supervised by an adult who is not prohibited from possessing a firearm. Directs the National Institute of Justice and the Consumer Product Safety Commission to each study and report to the Attorney General and the Secretary of the Treasury on the feasibility of developing minimum quality standards for locking devices. Requires: (1) the Director of the Centers for Disease Control and Prevention to conduct a study on the results of this Act and report to the Attorney General and the Secretary. And (2) the Secretary to issue final regulations which prescribe minimum quality standards for locking devices. Authorizes appropriations for FY 1998 to the Attorney General and the Secretary of Health and Human Services who shall coordinate their expenditures for public service announcements and counter advertisements to educate the public on proper firearm storage.

Trigger Lock Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bank Insurance Regulation Act of
1995''.

SEC. 2. AUTHORITY OF THE COMPTROLLER OF THE CURRENCY.

    (a) State Supervision.--Chapter 1 of Title LXII of the Revised
Statutes of the United States (12 U.S.C. 21 et seq.) is amended--
            (1) by redesignating section 5136A as section 5136B; and
            (2) by inserting after section 5136 (12 U.S.C. 24) the
        following new section:

``SEC. 5136A. STATE SUPERVISION OF INSURANCE.

    ``(a) State Licensing of Insurance Activities.--
            ``(1) In general.--Subject to paragraph (2), no provision
        of section 5136, any other section of this title, or section 13
        of the Federal Reserve Act may be construed as limiting or
        otherwise impairing the authority of any State to regulate--
                    ``(A) the extent to which, and the manner in which,
                a national bank may engage within the State in
                insurance activities pursuant to section 13 of the
                Federal Reserve Act;
                    ``(B) the manner in which a national bank may
                engage within the State in insurance activities
                pursuant to section 5136(b)(2)(B) of the Revised
                Statutes of the United States; or
                    ``(C) the manner in which a national bank may
                engage within the State in insurance activities
                pursuant to section 5136(b)(2)(A) of the Revised
                Statutes of the United States through, and limited to,
                consumer disclosure requirements or licensing
                requirements, procedures, and qualifications as
                described in paragraph (2)(C).
            ``(2) Prohibition on state discrimination against national
        banks.--Notwithstanding paragraph (1)--
                    ``(A) Providing insurance as agent or broker.--No
                State may impose any insurance regulatory requirement
                relating to providing insurance as an agent or broker
                that treats a national bank differently than all other
                persons who are authorized to provide insurance as
                agents or brokers in such State, unless there is a
                legitimate and reasonable State regulatory purpose for
                the requirement for which there is no less restrictive
                alternative.
                    ``(B) Providing insurance as principal, agent, or
                broker.--
                            ``(i) No State may impose on a national
                        bank any insurance regulatory requirement
                        relating to providing insurance as principal,
                        agent, or broker that treats the national bank
                        more restrictively than any other depository
                        institution (as defined in section 3(c)(1) of
                        the Federal Deposit Insurance Act) operating in
                        the State.
                            ``(ii) Nothing in this subparagraph shall
                        affect the validity of a State law that--
                                    ``(I) prevents a national bank from
                                engaging in insurance activities within
                                the State to as great an extent as a
                                savings association (as defined in
                                section 3(b)(1) of the Federal Deposit
                                Insurance Act) may engage in such
                                activities within the State; and
                                    ``(II) was in effect on June 1,
                                1995.
                    ``(C) Licensing qualifications and procedures.--No
                State may discriminate against a national bank with
                respect to the following requirements, procedures, and
                qualifications as such requirements, procedures, and
                qualifications relate to the authority of the national
                bank to provide insurance in such State as an agent or
                broker:
                            ``(i) License application and processing
                        procedures.
                            ``(ii) Character, experience, and
                        educational qualifications for licenses.
                            ``(iii) Testing and examination
                        requirements for licenses.
                            ``(iv) Fee requirements for licenses.
                            ``(v) Continuing education requirements.
                            ``(vi) Types of licenses required.
                            ``(vii) Standards and requirements for
                        renewal of licenses.
    ``(b) Authority of the Comptroller of the Currency.--A national
bank may not provide insurance as a principal, agent, or broker except
as specifically provided in this section, the paragraph designated as
the `Seventh' of section 5136(a) of this chapter, or section 5136(b) of
this chapter, or section 13 of the Federal Reserve Act.
    ``(c) Preservation of Federally Authorized Bank Activities in
Permissive States.--No provision of this section may be construed as
affecting the authority, pursuant to section 13 of the Federal Reserve
Act, of a national bank to act as insurance agent or broker consistent
with State law.
    ``(d) Preservation of National Bank Authority Consistent With State
Bank Authority.--Except as provided in subsection (a)(2)(B), no
provision of this section or section 5136(b)(1) shall have the effect
of enabling a State to deny a national bank authority that the bank
otherwise possesses to provide a product in a State, including as
agent, broker, or principal, where the bank is not providing the
product in the State other than to an extent and in a manner that a
State bank (as defined in section 3(a)(2) of the Federal Deposit
Insurance Act) is permitted by the law of the State to provide such
product, except that nothing in this subsection shall be construed as
granting any new authority to a national bank to provide any product
because the law of the State has authorized State banks to provide such
product.
    ``(e) Definitions.--For purposes of this section, section 5136, and
section 13 of the Federal Reserve Act, the following definitions shall
apply:
            ``(1) Insurance.--The term `insurance' means any product
        defined or regulated as insurance, consistent with the relevant
        State insurance law, by the insurance regulatory authority of
        the State in which such product is sold, solicited, or
        underwritten, including any annuity contract the income on
        which is tax deferred under section 72 of the Internal Revenue
        Code of 1986.
            ``(2) State.--The term `State' has the same meaning as in
        section 3(a)(3) of the Federal Deposit Insurance Act.
    ``(f) Grandfather Provision.--
            ``(1) In general.--Any national bank which, before January
        1, 1995, was providing insurance as agent or broker under
        section 13 of the Federal Reserve Act may provide insurance as
        an agent or broker under such section, to no less extent and in
        a no more restrictive manner as such bank was providing
        insurance as agent or broker under such section on January 1,
        1995, notwithstanding contrary State law, subject to final,
        controlling judgment in a pending action.
            ``(2) Termination.--This subsection shall cease to apply
        with respect to any national bank described in paragraph (1)
        if--
                    ``(A) the bank is subject to an acquisition,
                merger, consolidation, or change in control, other than
                a transaction to which section 18(c)(12) of the Federal
                Deposit Insurance Act applies; or
                    ``(B) any bank holding company which directly or
                indirectly controls such bank is subject to an
                acquisition, merger, consolidation, or change in
                control, other than a transaction in which the
                beneficial ownership of such bank holding company or of
                a bank holding company which controls such company does
                not change as a result of the transaction.''.
    (b) Interpretive Authority of the Comptroller of the Currency.--
Section 5136 of the Revised Statutes of the United States (12 U.S.C.
24) is amended--
            (1) by striking ``Upon duly making and filing articles of
        association'' and inserting ``(a) In General.--Upon duly making
        and filing articles of association''; and
            (2) by adding at the end the following new subsection:
    ``(b) Interpretive Authority of the Comptroller of the Currency.--
            ``(1) In general.--Subject to paragraph (2), it shall not
        be incidental to banking for a national bank to provide
        insurance as a principal, agent, or broker.
            ``(2) Scope of application.--Notwithstanding paragraph (1),
        it shall be incidental to banking for a national bank to engage
        in the following activities:
                    ``(A) Providing, as an agent or broker, any annuity
                contract the income on which is tax deferred under
                section 72 of the Internal Revenue Code of 1986.
                    ``(B) Providing, as a principal, agent, or broker,
                any type of insurance, other than an annuity or title
                insurance, which the Comptroller of the Currency
                specifically determined, before May 1, 1995, to be
                incidental to banking with respect to national
                banks.''.
    (c) Technical and Conforming Amendments.--
            (1) The 11th undesignated paragraph of section 13 of the
        Federal Reserve Act (12 U.S.C. 92) is amended by inserting ``,
        and subject to section 5136A of the Revised Statutes of the
        United States,'' after ``the laws of the United States''.
            (2) The paragraph designated the ``Seventh'' of section
        5136 of the Revised Statutes of the United States (12 U.S.C.
        24) is amended by striking ``subject to law,'' and inserting
        ``subject to subsection (b), section 5136A, and any other
        provision of law,''.
            (3) Section 1306 of title 18, United States Code, is
        amended by striking ``5136A'' and inserting ``5136B''.
    (d) Clerical Amendment.--The table of sections for chapter 1 of
title LXII of the Revised Statutes of the United States is amended--
            (1) by redesignating the item relating to section 5136A as
        section 5136B; and
            (2) by inserting after the item relating to section 5136
        the following new item:

``5136A. State supervision of insurance.''.
    (e) Preservation of Bank Holding Company Insurance Authority.--No
provision of this section, and no amendment made by this section to any
other provision of law, may be construed as affecting the authority of
a bank holding company to engage in insurance agency activity pursuant
to section 4(c) of the Bank Holding Company Act of 1956.

Summary: Bank Insurance Regulation Act of 1995 - Amends Federal banking law to declare that Federal banking statutes may not be construed as limiting or impairing the authority of any State to regulate the manner in which a national bank may engage in insurance activities pursuant to Federal statute within the State. Proscribes State discrimination against national banks: (1) in their functions of providing insurance as principal, agent or broker. Or (2) with respect to licensing qualifications and procedures. Confines the provision of insurance by a national bank acting as principal, agent or broker, to specified Federal statutory parameters. States that Federal banking law may not be construed as affecting the authority of a national bank to act as insurance agent or broker consistent with State law. States that Federal banking law does not enable a State to deny to a national bank the authority to provide a product that a State bank is permitted to provide. Declares that it is not incidental to banking for a national bank to provide insurance as a principal, agent, or broker . Declares to be incidental to banking : (1) bank provision, as agent or broker, of any annuity contract whose interest is tax deductible. And (2) bank provision, as a principal, agent, or broker, of any type of insurance specifically determined by the Comptroller, before May 1995, to be incidental to banking with respect to national banks. Preserves the authority of a bank holding company to engage in insurance agency activities.

Bank Insurance Regulation Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Home Health Equity Act of
1998''.

SEC. 2. REVISION OF HOME HEALTH INTERIM PAYMENT FORMULA.

    (a) Restoration of Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by
section 4602 of the Balanced Budget Act of 1997) is amended--
            (1) by striking ``105 percent'' and inserting ``112
        percent''; and
            (2) by striking ``median'' and inserting ``mean''.
    (b) Change in Additions to Cost Limits.--Section 1861(v)(1)(L)(v)
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(v)) (as added by
section 4602 of the Balanced Budget Act of 1997) is amended to read as
follows:
    ``(v)(I) For services furnished by home health agencies for cost
reporting periods beginning on or after October 1, 1997, the Secretary
shall provide for an interim system of limits. Payment shall not exceed
the costs determined under the preceding provisions of this
subparagraph or, if lower, the product of--
            ``(aa) an agency-specific per beneficiary annual limitation
        calculated based 75 percent on the reasonable costs (including
        nonroutine medical supplies) of the standardized national
        average cost per patient in calendar year 1994, or best
        estimate thereof, (as published in the Health Care Financing
        Review Medicare and Medicaid 1997 Statistical Supplement) and
        based 25 percent on the reasonable costs (including nonroutine
        medical supplies) of the standardized regional average cost per
        patient for the agency's census division in calendar year 1995
        (as so published), such national and regional costs updated by
        the home health market basket index and adjusted pursuant to
        clause (II); and
            ``(bb) the agency's unduplicated census count of patients
        (entitled to benefits under this title) for the cost reporting
        period subject to the limitation.
    ``(II) The labor-related portion of the updated national and
regional costs described in subclause (I)(aa) shall be adjusted by the
area wage index applicable under section 1886(d)(3)(E) for the area in
which the agency is located (as determined without regard to any
reclassification of the area under section 1886(d)(8)(B) or a decision
of the Medicare Geographic Classification Review Board or the Secretary
under section 1886(d)(10) for cost reporting periods beginning after
October 1, 1995).''.
    (c) Conforming Amendments.--
            (1) Section 1861(v)(1)(L)(vi) of the Social Security Act
        (42 U.S.C. 1395x(v)(1)(L)(vi)) (as added by section 4602 of the
        Balanced Budget Act of 1997) is amended to read as follows:
    ``(vi) In any case in which the Secretary determines that
beneficiaries use services furnished by more than 1 home health agency
for purposes of circumventing the per beneficiary annual limitation in
clause (v), the per beneficiary limitations shall be prorated among the
agencies.''.
            (2) Section 1861(v)(1)(L)(vii)(I) of the Social Security
        Act (42 U.S.C. 1395x(v)(1)(L)(vii)(I)) (as added by section
        4602 of the Balanced Budget Act of 1997) is amended by striking
        ``clause (v)(I)'' and inserting ``clause (v)(I)(aa)''.
    (d) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Balanced Budget Act of
1997.

SEC. 3. CBO ESTIMATE OF HOME HEALTH PAYMENT SAVINGS.

    (a) Estimate.--Not later than 60 days after the date of enactment
of this Act, and annually thereafter until the prospective payment
system for home health agencies established by section 1895 of the
Social Security Act (42 U.S.C. 1395fff) is in effect, the Director of
the Congressional Budget Office (referred to in this section as the
``Director'') shall estimate the amount of savings to the Medicare
program under title XVIII of such Act (42 U.S.C. 1395 et seq.)
resulting from the interim payment system for home health services
established by the amendments to section 1861 of such Act (42 U.S.C.
1395x) made by section 4602 of the Balanced Budget Act of 1997.
    (b) Certification.--If the Director determines that the amount
estimated under subsection (a) exceeds the amount of savings to the
Medicare program that the Director estimated immediately prior to the
enactment of the Balanced Budget Act of 1997 by reason of such interim
payment system, then the Director shall certify such excess to the
Secretary of Health and Human Services (referred to in this subsection
as the ``Secretary'').
    (c) Adjustment.--
            (1) In general.--If the Director certifies an amount to the
        Secretary pursuant to subsection (b), the Secretary shall
        prescribe rules under which appropriate adjustments are made to
        the amount of payments to home health agencies otherwise made
        under subparagraph (L) of section 1861(v)(1) of the Social
        Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section
        4602 of the Balanced Budget Act of 1997) in the case of
        outliers--
                    (A) where events beyond the home health agency's
                control or extraordinary circumstances, including the
                case mix of such agency, create reasonable costs for a
                payment year which exceed the applicable payment
                limits; or
                    (B) in any case not described in subparagraph (A)
                where the Secretary deems such an adjustment
                appropriate.
            (2) Amount.--The total amount of adjustments made under
        paragraph (2) for a year may not exceed the amount certified to
        the Secretary pursuant to subsection (b) for such year. To the
        extent that such adjustments in a year would otherwise exceed
        the amount certified to the Secretary pursuant to subsection
        (b) for such year, the Secretary shall reduce the payments to
        home health agencies in a pro rata manner so that the
        adjustments do not exceed such amount.

Summary: Medicare Home Health Equity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Balanced Budget Act of 1997 (BBA), to: (1) restore the per visit cost limit to 112 percent of the mean with regard to payments to home health agencies under Medicare. And (2) revise the interim payment system (IPS) for home health agency services. Directs the Director of the Congressional Budget Office to estimate annually the amount of savings to the Medicare program resulting from the IPS for home health agency services that was established by the BBA. Provides that, if the Director determines that the estimated amount exceeds the amount of savings to the Medicare program that the Director estimated immediately prior to enactment of the BBA by reason of such IPS, then the Director shall certify such excess to the Secretary of Health and Human Services. Requires the Secretary, in turn, when an excess is certified, to prescribe rules under which appropriate adjustments are made to the amount of payments to home health agencies in the case of outliers: (1) where events beyond the home health agency's control or extraordinary circumstances, including the agency's case mix, create reasonable costs for a payment year which exceed the applicable payment limits. Or (2) in any other case where the Secretary deems such an adjustment appropriate.

Medicare Home Health Equity Act of 1998


SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Bankruptcy
Fairness and Employee Benefits Protection Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
 TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES

Sec. 101. Prohibition of unfair reductions to employee and retiree
                            benefits.
Sec. 102. Payment of insurance benefits to retirees.
Sec. 103. Fair treatment of compensation.
Sec. 104. Venue; change of venue.
Sec. 105. Protection of benefits in chapter 9 bankruptcy.
Sec. 106. Requirement to make pension contributions.
      TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS

Sec. 201. Notification of extent to which health benefits can be
                            modified or terminated.
Sec. 202. Protection of retirees under certain collectively bargained
                            agreements.
Sec. 203. Comptroller General report.

 TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES

SEC. 101. PROHIBITION OF UNFAIR REDUCTIONS TO EMPLOYEE AND RETIREE
              BENEFITS.

    (a) Collective Bargaining Agreements.--Section 1113 of title 11,
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``necessary
                modifications in the employees benefits and protections
                that are necessary to permit the reorganization of the
                debtor'' and insert ``minimum modifications in the
                employees benefits and protections that are necessary
                to prevent the liquidation of the debtor''; and
                    (B) by adding at the end the following:
            ``(3)(A) If the proposal made under paragraph (1) provides
        for a modification of the health insurance benefits of
        employees of the debtor, the proposal shall provide for a
        modification of the health insurance benefits of officers and
        directors of the debtor--
                    ``(i) to, at a minimum, be comparable to the
                modification of health insurance benefits of employees
                of the debtor; and
                    ``(ii) such that the health insurance benefits of
                officers and directors are not more generous than those
                of employees of the debtor.
            ``(B) If the proposal made under paragraph (1) provides for
        a modification of any benefit of employees of the debtor other
        than health insurance benefits, including wages and pension
        benefits, the proposal shall provide for a modification of such
        benefit of officers and directors of the debtor that is, at a
        minimum, in an amount equal to the percentage by which such
        benefit of employees of the debtor was modified.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``subsection
                (b)(1)'' and inserting ``paragraphs (1) and (3) of
                subsection (b)'';
                    (B) by redesignating paragraphs (2) and (3) as
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) the debtor established by clear and convincing
        evidence that any modification of the benefits and protections
        of an employee of the debtor proposed under subsection (b)(1)
        is the minimum modification necessary to prevent the
        liquidation of the debtor;''; and
            (3) by adding at the end the following:
    ``(g) The rejection of a collective bargaining agreement under this
section constitutes a breach of the agreement, and shall entitle
employees of the debtor to a claim for damages.''.
    (b) Health Insurance Benefits of Retired Employees.--Section 1114
of title 11, United States Code, is amended--
            (1) in subsection (f)--
                    (A) in paragraph (1)(A), by striking ``necessary
                modifications in the retiree benefits that are
                necessary to permit the reorganization of the debtor''
                and insert ``minimum modifications in the retiree
                benefits that are necessary to prevent the liquidation
                of the debtor''; and
                    (B) by adding at the end the following:
    ``(3) If the proposal made under paragraph (1) provides for a
modification of the health insurance benefits of retired employees of
the debtor, the proposal shall provide for a modification of the health
insurance benefits of officers and directors of the debtor--
            ``(A) to, at a minimum, be comparable to the modification
        of health insurance benefits of retired employees of the
        debtor; and
            ``(B) such that the health insurance benefits of officers
        and directors are not more generous than those of retired
        employees of the debtor.''; and
            (2) in subsection (g)(3), by striking ``necessary to permit
        the reorganization of the debtor'' and insert ``the minimum
        modification necessary to prevent the liquidation of the
        debtor''.

SEC. 102. PAYMENT OF INSURANCE BENEFITS TO RETIREES.

    (a) In General.--Section 1114(j) of title 11, United States Code,
is amended to read as follows:
    ``(j)(1) No claim for retiree benefits shall be limited by section
502(b)(7).
    ``(2)(A) A retired employee whose retiree benefits are modified
under subsection (e)(1) or (g) shall have a claim in an amount equal to
the value of the retiree benefits lost as a result of the modification,
which shall be reduced by the amount paid by a debtor under
subparagraph (B).
    ``(B)(i) In accordance with section 1129(a)(13)(B), a debtor shall
pay a retired employee with a claim under subparagraph (A)--
            ``(I) cash in an amount equal to the 2-year cost of
        premiums for continuation coverage (as defined in section 602
        of the Employee Retirement Income Security Act of 1974 (29
        U.S.C. 1162)) for the retired employee under section 602(3) of
        the Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1162(3)); or
            ``(II) if the retired employee is not eligible for
        continuation coverage, cash in an amount equal to the 2-year
        cost of premiums for a comparable health insurance plan offered
        through a State Exchange, Federally Facilitated Exchange, or
        Federal-State Partnership Exchange established under the
        Patient Protection and Affordable Care Act (42 U.S.C. 18001 et
        seq.).
    ``(ii) Notwithstanding clause (i), if the court determines it to be
in the interest of fairness and equity, the court may require a debtor
to pay a retired employee with a claim under subparagraph (A) cash in
an amount equal to the cost of premiums for continuation coverage under
clause (i)(I) or for a comparable health insurance plan under clause
(i)(II) for a period of more than 2 years.
    ``(iii) The amount paid by a debtor under this subparagraph shall
not exceed the amount of the claim under subparagraph (A).
    ``(C) Any amount of the claim under subparagraph (A) that is not
paid under subparagraph (B) shall be a general unsecured claim.''.
    (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, United
States Code, is amended to read as follows:
            ``(13) The plan provides--
                    ``(A) for the continuation, after the effective
                date of the plan, of the payment of all retiree
                benefits (as defined in section 1114(a)), at the level
                established pursuant to subsection (e)(1) or (g) of
                section 1114, at any time before the confirmation of
                the plan, for the duration of the period the debtor has
                obligated itself to provide such benefits; and
                    ``(B) that the holder of a claim under section
                1114(j)(2)(A) shall receive from the debtor, on the
                effective date of the plan, cash equal to the amount
                calculated under section 1114(j)(2)(B).''.

SEC. 103. FAIR TREATMENT OF COMPENSATION.

    (a) Prohibition of Bonus Payments.--Section 503(c) of title 11,
United States Code, is amended--
            (1) in paragraph (2)(B), by striking ``or'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) a bonus payment to an insider of the debtor,
        including an incentive-based bonus payment; or''.
    (b) Increased Priority Claim Amount for Employee Wages and
Benefits.--Section 507(a) of title 11, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) by striking ``$10,000'' and inserting
                ``$25,000''; and
                    (B) by striking ``180 days'' and inserting ``1
                year''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A), by striking ``180 days''
                and inserting ``1 year''; and
                    (B) in subparagraph (B)(i), by striking ``$10,000''
                and inserting ``$25,000''.
    (c) Recovery of Excess Compensation.--Section 547 of title 11,
United States Code, is amended by adding at the end the following:
    ``(j) The court, upon motion of a party in interest, may prohibit a
transfer of compensation made to an insider of the debtor within 1 year
before the date on which the petition is filed if the court finds,
after notice and hearing, that the transfer--
            ``(1) was not made in the ordinary course of business; or
            ``(2) resulted in unjust enrichment.''.

SEC. 104. VENUE; CHANGE OF VENUE.

    Chapter 87 of title 28, United States Code, is amended--
            (1) by amending section 1408 to read as follows:
``Sec. 1408. Venue of cases under title 11
    ``Except as provided in section 1410, a case under title 11 shall
be commenced in the district court for the district in which the
largest share of employees, retired employees, physical assets, and
operations of the person or entity that is the subject of the case were
located in the year immediately preceding the commencement of the
case.''; and
            (2) in section 1412, by striking ``to a district court for
        another district'' and inserting ``to the district court for
        the district in which the principal place of business in the
        United States of the person or entity that is the subject of
        the case was located in the year immediately preceding the
        commencement of the case''.

SEC. 105. PROTECTION OF BENEFITS IN CHAPTER 9 BANKRUPTCY.

    Section 901(a) of title 11, United States Code, is amended--
            (1) by inserting ``507(a)(4), 507(a)(5),'' after
        ``507(a)(2)'';
            (2) by inserting ``1113, 1114,'' after ``1111(b)''; and
            (3) by inserting ``1129(a)(13),'' after ``1129(a)(10)''.

SEC. 106. REQUIREMENT TO MAKE PENSION CONTRIBUTIONS.

    (a) Requirement To Pay Minimum Funding Contributions.--Subchapter I
of chapter 11 of title 11, United States Code, is amended by adding at
the end the following:
``Sec. 1117. Duty of debtor in possession to make required pension
              contributions
    ``(a) Definitions.--In this section--
            ``(1) the term `pension plan' has the meaning given that
        term under section 3 of the Employee Retirement Income Security
        Act of 1974 (29 U.S.C. 1002); and
            ``(2) the term `required pension contributions' means
        contributions necessary to satisfy the minimum funding
        standards under sections 412 and 430 of the Internal Revenue
        Code of 1986 and sections 302 and 303 of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1082 and
        1083), including any required installment contributions.
    ``(b) Requirement.--A debtor in possession that sponsors a pension
plan or is a member of the controlled group with respect to such a
plan, or the trustee of the debtor in possession, shall--
            ``(1) make all required pension contributions to the
        pension plan that become due after the filing of the petition;
        and
            ``(2) make such contributions on or before the due dates
        specified in section 430(j) of the Internal Revenue Code and
        section 303(j) of the Employee Retirement Income Security Act
        of 1974 (29 U.S.C. 1083(j)).''.
    (b) Treatment as Administrative Expenses.--Section 503(b) of title
11, United States Code, is amended--
            (1) in paragraph (8)(B), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) any required pension contributions under section
        1117 due to be made after the filing of the petition that are
        unpaid.''.
    (c) Perfection of Statutory Liens for Missed Pension
Contributions.--Section 362(b) of title 11, United States Code, is
amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(29) under subsection (a), of any act to perfect, or to
        maintain or continue the perfection of, a statutory lien
        imposed by section 430(k) of the Internal Revenue Code of 1986
        or section 303(k) of the Employee Retirement Income Security
        Act (29 U.S.C. 1083(k)) (which shall not be voidable under
        section 545 of this title), for failure to make contribution
        payments required under those sections, without regard to
        whether such contributions became due or whether such lien
        arose before or after the filing of the petition.''.

      TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS

SEC. 201. NOTIFICATION OF EXTENT TO WHICH HEALTH BENEFITS CAN BE
              MODIFIED OR TERMINATED.

    (a) Inclusion in Summary Plan Description.--Section 102(b) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is
amended by inserting ``; in the case of a group health plan (as so
defined), whether the provisions of the plan permit the plan sponsor or
any employer participating in the plan to unilaterally modify or
terminate the benefits under the plan with respect to employees,
retired employees, and beneficiaries, and when and to what extent
benefits under the plan are fully vested with respect to employees,
retired employees, and beneficiaries'' after ``the name and address of
such issuer''.
    (b) Presumption That Retired Employee Health Benefits Cannot Be
Modified or Terminated.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end
the following new subsection:
    ``(n) In the case of a suit brought under this title by a
participant or beneficiary relating to benefits of a retired employee
or the dependents of a retired employee under a group health plan (as
defined in section 733(a)(1)), the presumption for purposes of such
suit shall be that as of the date an employee retires or completes 20
years of service with the employer, benefits available under the plan
during retirement of the employee are fully vested and cannot be
modified or terminated for the life of the employee or, if longer, the
life of the employee's spouse. This presumption can be overcome only
upon a showing, by clear and convincing evidence, that the terms of the
group health plan allow for a modification or termination of benefits
available under the plan and that the employee, prior to becoming a
participant in the plan, was made aware, in clear and unambiguous
terms, that the plan allowed for such modification or termination of
benefits.''.

SEC. 202. PROTECTION OF RETIREES UNDER CERTAIN COLLECTIVELY BARGAINED
              AGREEMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
    ``(h) It shall be an unfair labor practice for any labor
organization and any employer to enter into any contract or agreement,
express or implied, whereby the organization and employer agree to
modify the terms of any previous agreement in a manner that would
result in a reduction or termination of retiree health insurance
benefits provided to an employee or a dependent of an employee under
the previous agreement, if such modification of the terms of the
previous agreement occurs after the date on which the employee
retires.''.

SEC. 203. COMPTROLLER GENERAL REPORT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the strategies that corporations
use to avoid obligations to pay promised employee and retiree benefits.
    (b) Contents.--The report under subsection (a) shall include a
discussion of--
            (1) the use of spin-offs, mergers, subsidiaries,
        bankruptcies, asset sales, and other strategies to avoid
        obligations to pay promised employee and retiree benefits;
            (2) the impact of such avoidance on the financial,
        physical, and mental well-being of employees and retirees;
            (3) the impact on Federal and State budgets when employers
        terminate or reduce the benefits of employees and retirees,
        including the costs that are incurred when employees and
        retirees seek assistance from Federal and State government
        programs and services as a result of the termination or
        reduction of their employment-related benefits; and
            (4) recommendations to prevent corporations from evading
        contractual obligations to pay employee and retiree benefits.

Summary: Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections that are necessary to prevent liquidation of the debtor. Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees. Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified. Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation. Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages. Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification. Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage. Or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act. Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years. Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment. Increases the priority claim amount for employee wages and benefits. Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment. Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case. Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries. And (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits. Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date. Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits.