Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pay Stub Disclosure Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The lack of a Federal requirement to provide employees
        with pay stubs indicating how their pay is calculated or to
        allow employee inspections of employers' payroll records
        significantly impedes efforts to identify and challenge wage
        and hour violations.
            (2) In a survey of 4,387 low-wage workers in New York, Los
        Angeles, and Chicago, more than a quarter of workers were paid
        less than the minimum wage and among those who worked more than
        40 hours per week, more than three-quarters were not paid
        overtime. Fifty-seven percent of these workers reported that
        they did not receive a pay stub in the previous week.
            (3) Some employers are increasingly engaging in practices
        that make it extremely difficult for workers to calculate their
        pay, including paying workers in cash or by personal checks.
            (4) While the Fair Labor Standards Act of 1938 and the
        regulations of the Department of Labor require employers to
        keep records of employees' pay, the lack of remedies diminishes
        the effectiveness of this requirement.
            (5) The Supreme Court held in Anderson v. Mt. Clemens
        Pottery Co. (328 U.S. 680 (1946)) that where an employer fails
        to keep records that are required under the Fair Labor
        Standards Act of 1938, when an employee presents sufficient
        evidence of the ``amount and extent of that work'', for which
        the employee was ``improperly compensated'' the burden shifts
        to the employer to disprove the employee's testimony and
        evidence of the hours the employee worked and how much he or
        she was paid.
            (6) Far too many courts have failed to shift the burden to
        the employer, where the employer has failed to keep records or
        has kept inadequate records, instead giving the employer's
        testimony equal weight to credible evidence produced by the
        employee.

SEC. 3. PAY STUB REQUIREMENTS.

    (a) Disclosure Requirements.--Section 11 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 211) is amended by adding at the end
the following:
    ``(e) Information To Be Disclosed to Certain Employees.--
            ``(1) Initial Disclosure.--Each employer shall provide an
        initial disclosure to each employee who is not subject to the
        exemptions set forth in section 13 within 15 days of the date
        such employee is hired or any of the information in
        subparagraphs (A) through (C) changes with respect to that
        employee. Such disclosure shall include--
                    ``(A) the rate or rates of pay and whether the
                employee is paid by the hour, shift, day, week, or job,
                or by salary, piece rate, commission, or other form of
                compensation;
                    ``(B) the name of the employer and any other name
                used by the employer to conduct business; and
                    ``(C) the physical address and telephone number of
                the employer's main office or principal place of
                business, and a mailing address if such mailing address
                is different from the address of the main office or
                principal place of business.
            ``(2) Disclosures Required in Each Pay Stub.--Each employer
        shall disclose to each employee who is not subject to the
        exemptions set forth in section 13 in a pay stub provided each
        pay period--
                    ``(A) the pay period covered;
                    ``(B) the name of the employee and the last four
                digits of the employee's Social Security number;
                    ``(C) the total hours worked by the employee,
                including the number of hours worked per workweek in
                the pay period;
                    ``(D)(i) in the case of an employee who is paid an
                hourly wage, the total gross and net wages paid, and
                the rate of pay for each hour worked;
                    ``(ii) in the case of an employee who is paid a
                salary in lieu of an hourly wage, the amount of salary
                paid during the pay period;
                    ``(iii) in the case of an employee employed at
                piece rate, the number of piece-rate units earned, the
                applicable piece rate, and total amount paid in
                accordance with such piece rate; and
                    ``(iv) in the case of an employee who receives
                commission or is paid on the basis of any other type of
                rate, the total amount paid in commission or in
                accordance with such rate and any additional
                information relating to such pay as determined by the
                Secretary;
                    ``(E) the number of overtime hours worked during
                each workweek of the pay period and the hourly rate of
                pay for each such overtime hour, or, in the case of an
                employee employed at piece rate, the piece rate paid
                for each such overtime hour;
                    ``(F) any additional compensation paid or benefits
                provided, including an explanation of each type of
                compensation or benefit; and
                    ``(G) any deductions, with an explanation of each
                deduction, and any allowances or reimbursements, with
                an explanation of each allowance or reimbursement.
    ``(3) Requirements Related to Disclosure of Compensation, Benefits,
Allowances, and Reimbursements.--In disclosing the information required
to be disclosed pursuant to subparagraphs (F) and (G) of paragraph
(2)--
            ``(A) the compensation and benefits required to be
        disclosed include--
                    ``(i) any bonus, paid leave (including paid
                vacation or personal time, paid sick leave, or any
                other paid leave), or other compensation;
                    ``(ii) any employer contributions to health care
                coverage or to a retirement account for the employee
                and any transit or other benefits provided by the
                employer; and
                    ``(iii) any additional form of pay that is required
                under State or local law, or for which records are
                required to be kept pursuant to State or local law,
                such as reporting time pay, split shift pay, paid sick
                leave, or paid family or medical leave.
            ``(B) the allowances and reimbursements required to be
        disclosed include any amounts paid to or reimbursed to an
        employee for meals, clothing, lodging, or any other item for
        which the employer makes an allowance or provides a
        reimbursement; and
            ``(C) the explanation for any additional compensation,
        benefits, allowances, or reimbursements shall be itemized and
        may not be described as `miscellaneous'.
    ``(4) Form of Disclosure Required.--The pay stub required by
paragraph (2) shall be provided to an employee each pay period and may
be provided--
            ``(A) as a separate document, accompanying an employee's
        pay;
            ``(B) as a detachable part of a paycheck for employees
        receiving a paycheck; or
            ``(C) electronically, at the election of the employee, if
        the employee receives his or her pay through electronic
        deposit.''.
    (b) Recordkeeping Requirements.--Section 11 of such Act is further
amended by adding at the end of subsection (c) the following: ``An
employer shall keep records of the information disclosed in an
employee's pay stub, as required by subsection (e), for a period of
three years from the date of issuance of each pay stub.''.
    (c) Investigations and Inspections.--Section 11 of such Act is
further amended by adding at the end of subsection (a) the following:
``In the event that an employee requests an inspection of such
employee's records described in subsection (c), the employer shall
provide copies of such records for a period of up to three years prior
to such request. An employer shall comply with an employee's requests
to inspect records within 21 days of such request.''.
    (d) Notice and Posting Requirement.--Section 11 of such Act is
further amended by inserting after subsection (e) (as added by
subsection (a)) the following:
    ``(f)(1) Every employer subject to any provision of this Act or of
any order issued under this Act shall provide a notice to each employee
within 15 days of the date of hire that includes--
                    ``(A) a description of the employee's right to
                receive a pay stub and the information which the pay
                stub must contain;
                    ``(B) the address and telephone number for the
                applicable local office of the Department of Labor; and
                    ``(C) such additional information as the Secretary
                shall require by regulation.
    ``(2) In the case of employees employed by an employer on the date
of enactment of this Act, the employer shall provide the notice
described in paragraph (1) within 15 days of the effective date of the
Pay Stub Disclosure Act.''.
    (e) Conforming Amendment.--The section heading of section 11 of
such Act is amended by inserting ``pay stub disclosures,'' after
``records,''.

SEC. 4. ENFORCEMENT.

    (a) In General.--Section 16 of the Fair Labor Standards Act of 1938
is further amended--
            (1) in subsection (b)--
                    (A) by inserting after the second sentence the
                following: ``An employer who violates subsections (e)
                or (f) of section 11 shall be liable to the affected
                employee for $50 for the initial pay period in which
                such a violation occurs and $100 per employee for each
                violation in a subsequent pay period, not to exceed an
                aggregate of $4,000 per employee.''; and
                    (B) by striking ``either of the preceding
                sentences'' and inserting ``any of the preceding
                sentences'';
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (3) through (5) as
                paragraphs (4) through (6), respectively; and
                    (B) by inserting after paragraph (2) the following:
    ``(3) An employer who fails to make, keep, and preserve records as
required by section 11(c), or fails to permit a current or former
employee to inspect or copy records as required by section 11(a), shall
be subject to a civil penalty of $750 per violation.''; and
            (3) by adding at the end the following:
    ``(f) The Secretary shall have the authority, in accordance with
inflation, to periodically increase the amounts provided for in this
section as penalties or recoverable in an action described in
subsection (b).''.
    (b) Evidentiary Standards.--Section 15 of such Act (29 U.S.C. 215)
is amended by adding at the end the following:
    ``(c) In the event that an employer fails to keep sufficient
records as required by section 11(c) and any related regulations, the
employee's production of credible evidence and testimony regarding the
amount and extent of the work for which the employee was improperly
compensated shall be sufficient to create a rebuttable presumption that
the employee's records are accurate, consistent with the Supreme
Court's decision in Anderson v. Mt. Clemens Pottery Co. (328 U.S. 680
(1946)).''.

SEC. 5. DEFINITIONS.

    Section 3 of the Fair Labor Standards Act of 1938 29 U.S.C. 203) is
amended by adding at the end the following:
    ``(z) `Pay stub' means a paper that itemizes in writing all wages
and deductions paid to an employee each pay period.''.

SEC. 6. REGULATIONS AND TECHNICAL ASSISTANCE.

    (a) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Labor shall prescribe such regulations as
are necessary to carry out this Act, including a list of State and
local laws--
            (1) with requirements that are substantially similar to the
        requirements of this Act; and
            (2) compliance with which the Secretary may determine
        satisfies the requirements of this Act.
    (b) Guidance and Technical Assistance.--In order to achieve the
objectives of this Act, the Secretary of Labor--
            (1) acting through the Administrator of the Wage and Hour
        Division of the Department of Labor, shall issue guidance on
        compliance with this Act regarding providing the disclosures
        required pursuant to this Act; and
            (2) shall provide technical assistance to employers, labor
        organizations, professional associations, and other interested
        persons on means of achieving and maintaining compliance with
        the provisions of this Act.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that
is 6 months after final regulations are issued by the Secretary of
Labor and not later than 18 months after the date of enactment of this
Act.

Output: Pay Stub Disclosure Act This bill amends the Fair Labor Standards Act of 1938 to require each employer to provide an initial disclosure to each employee who is not subject to certain exemptions from minimum wage and maximum hour requirements within 15 days after: (1) the employee is hired, or (2) specified information in the initial disclosure changes. The information specified in that initial disclosure shall include:  the pay rate and form of compensation; the name of the employer and any other name used by the employer to conduct business; and the physical address and telephone number of the employer's main office or principal place of business, and a mailing address if different from the first one.  The bill specifies additional disclosures that must be in each pay stub, including the pay period covered, the employee's name and truncated Social Security number, the total hours worked by the employee, benefits, allowances, and reimbursements. The bill also prescribes the form of the pay stub as well as employer notice requirements. An employer shall keep records of the information disclosed in an employee's pay stub for three years from each stub's issuance. In the event that an employee requests an inspection of his or her records, the employer shall provide copies of them for up to three years before the request. The bill prescribes civil penalties for employer failure to comply with this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sound Science Saves Species Act of
2002''.

SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).

SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES
              ACT OF 1973.

    (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3))
is amended by adding at the end the following:
    ``(E) A petition referred to in subparagraph (A) shall contain each
of the following:
            ``(i) Clear and convincing evidence of each of the
        following:
                    ``(I) The known and historic ranges of the species.
                    ``(II) The most recent population estimates and
                trends.
                    ``(III) The reason that the petitioned action is
                warranted, including known or perceived threats to the
                species.
                    ``(IV) The population of the species is declining
                or has declined from historic population levels and
                beyond normal population fluctuations for the species.
                    ``(V) Any other information that the petitioner
                considers appropriate.
            ``(ii) A bibliography of scientific literature on the
        species in support of the petition.
            ``(iii) A description of all available data on the
        historical and current range, population, and distribution of
        the species, an explanation of the methodology used to collect
        the data, and an identification of the location where the data
        can be reviewed.''.
    (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is
amended by striking ``(3)(A)'' and inserting the following:
    ``(3)(A)(i) Within 30 days after receiving a petition from an
interested person under section 553(e) of title 5, United States Code,
to add a species to, or to remove a species from, either list published
under subsection (c), the Secretary shall--
            ``(I) publish in the Federal Register a notice indicating
        receipt of such petition and inviting interested persons to
        submit any relevant scientific information regarding the status
        of the species concerned;
            ``(II) promptly publish the petition on the Internet
        website of the United States Fish and Wildlife Service;
            ``(III) provide notice of such receipt to each private
        owner of land or water on or in which the species may exist by
        publication of such notice in an appropriate newspaper of
        general circulation, except that such notice shall be provided
        directly to each such owner if the number of such owners is 100
        or less; and
            ``(IV) notify the Governor of each State that could be
        affected by the petition.
    ``(ii)''.
    (c) Independent Review of Petitions and Findings Regarding
Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at
the end the following:
    ``(9)(A)(i) After the Secretary makes a finding under paragraph
(3)(A) the Secretary shall appoint and convene an independent review
board to conduct an independent scientific review of the data included
in the petition.
    ``(ii) Within 60 days after the date the Secretary convenes the
independent review board, the board shall provide to the Secretary its
findings regarding the following:
            ``(I) The sufficiency of all relevant scientific
        information and assumptions in the petition relating to the
        taxonomy, population models, and supportive biological and
        ecological information regarding the species that is the
        subject of the petition.
            ``(II) Whether the methodology and analysis supporting the
        petition meet the standards of the academic and scientific
        community.
            ``(III) Whether the petition is supported by clear and
        convincing evidence/provides clear and convincing evidence that
        the petitioned action may be warranted? see section 4(b)(3)(B)
        of ESA.
            ``(IV) Whether the review board concurs in the finding of
        the Secretary under paragraph (3)(A).
    ``(B)(i) If, within 30 days after the Secretary publishes a finding
under paragraph (3)(B)(ii) or (iii), any person submits to the
Secretary in writing a request for an independent scientific review of
the data upon which such finding is based, the Secretary shall appoint
and convene an independent review board to conduct such review.
    ``(ii) Within 90 days after the date the Secretary convenes the
independent review board, the board shall provide to the Secretary its
findings regarding the following:
            ``(I) The sufficiency of all relevant scientific
        information and assumptions that are the basis for the finding
        relating to the taxonomy, population models, and supportive
        biological and ecological information regarding the species
        that is the subject of the finding.
            ``(II) Whether the methodology and analysis supporting the
        finding meet the standards of the academic and scientific
        community.
            ``(III) Whether the finding is supported by clear and
        convincing evidence.
            ``(IV) Whether the review board concurs in the finding of
        the Secretary under paragraph (3)(B)(ii) or (iii), as
        applicable.
    ``(C) The Secretary shall--
            ``(i) publish in the Federal Register each finding by an
        independent review board under subparagraph (A) or (B);
            ``(ii) post each such finding on the Internet website of
        the United States Fish and Wildlife Service; and
            ``(iii) otherwise make each such finding available to the
        public.
    ``(D) If an independent review board finds under subparagraph (A)
or (B) that it does not concur in the finding of the Secretary, the
Secretary shall--
            ``(i) revoke the finding of the Secretary; or
            ``(ii) publish in the Federal Register an explanation of
        why the finding of the review board is incorrect, with clear
        and convincing evidence supporting such explanation.
    ``(E) The Secretary shall--
            ``(i) maintain a list of individuals who are available to
        participate on independent review boards under this paragraph;
            ``(ii) seek nominations of individuals to participate on
        such boards (upon appointment by the Secretary), through the
        Federal Register, scientific and commercial journals, and the
        National Academy of Sciences and other such institutions; and
            ``(iii) update such list every two years.
    ``(F)(i) An independent review board under subparagraph (A) shall
be composed of 3 members, of which--
            ``(I) 2 shall be appointed by the Secretary from the list
        under subparagraph (E); and
            ``(II) 1 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(ii) An independent review board under subparagraph (B) shall be
composed of 5 members, of which--
            ``(I) 3 shall be appointed by the Secretary from the list
        under subparagraph (E); and
            ``(II) 2 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(iii) If any individual declines appointment to an independent
review board under this paragraph, the Secretary shall appoint another
individual in the same manner.
    ``(iv) The selection of the members, and activities, of independent
review boards under this paragraph is not subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
    ``(v) The identities of the members of independent review boards
under this paragraph shall not be made public.
    ``(vi) The Secretary shall provide compensation to an individual
for service as a member of an independent review board under this
paragraph, at a rate equal to not to exceed the daily equivalent of the
maximum annual rate of basic pay for grade GS-12 of the General
Schedule for each day (including travel time) during which the
individual is engaged in the actual performance of duties as a member
of such board.
    ``(vii) In this subparagraph, the term `qualified individual' means
an individual with expertise in the biological sciences--
            ``(I) who is by virtue of advanced education, training, or
        avocational, academic, commercial, research, or other
        experience competent to review the adequacy of any scientific
        methodology supporting a finding by the Secretary and the
        validity of any conclusions drawn from data used to support the
        finding;
            ``(II) who is not a participant in any petition or proposed
        or final determination before the Secretary;
            ``(III) who is not, and has not been, employed by or under
        contract to the Secretary or the State in which is located the
        species that is the subject of an independent scientific review
        in which the individual participates, for work related to the
        finding or species under consideration in such review; and
            ``(V) who has no direct financial interest, and is not
        employed by any person with a direct financial interest, in the
        finding under consideration in such review.
    ``(G) The Secretary shall publish, with any final regulation
implementing an action with respect to which an independent scientific
review board is required under this paragraph to be convened, a summary
of the report of the independent review board, noting points of
disagreement between the reviewers, if any, and the response of the
Secretary to the report.
    ``(H) The report of each independent scientific review board
required under this paragraph shall be included in the official record
of any regulation with respect to which the board is convened and shall
be available for public review 30 days before the close of the period
for comment on the regulation.''.
    (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16
U.S.C. 1536(b)) is amended by adding at the end the following:
    ``(5)(A)(i) Within 30 days after the date on which the Secretary
issues a statement under paragraph (3) that a proposed action is likely
to jeopardize the continued existence of a species included in a list
under section 4(c), any person may submit to the Secretary a written
request for an independent scientific review of the scientific
information used in making such statement and any reasonable and
prudent measures the Secretary proposes in the statement.
    ``(ii) Promptly after receiving such a request, the Secretary shall
appoint and convene an independent review board to conduct such an
independent scientific review.
    ``(B) Within 90 days after the date the Secretary convenes the
independent review board, the board shall provide to the Secretary its
findings regarding the following:
            ``(I) The sufficiency of all relevant scientific
        information and assumptions in such statement relating to the
        taxonomy, population models, and supportive biological and
        ecological information regarding the species that is the
        subject of the statement.
            ``(II) Whether the methodology and analysis supporting the
        statement meet the standards of the academic and scientific
        community.
            ``(III) Whether the statement is supported by clear and
        convincing evidence.
            ``(IV) Whether the review board concurs in the statement.
    ``(C) The Secretary shall--
            ``(i) publish in the Federal Register each finding by an
        independent review board under subparagraph (A) or (B);
            ``(ii) post each such finding on the Internet website of
        the United States Fish and Wildlife Service; and
            ``(iii) otherwise make each such finding available to the
        public.
    ``(D) If an independent review board finds under subparagraph (B)
that it does not concur in the statement of the Secretary, the
Secretary shall--
            ``(i) revoke the statement; or
            ``(ii) publish in the Federal Register an explanation of
        why the finding of the review board is incorrect, with clear
        and convincing evidence supporting such explanation.
    ``(E) The Secretary shall--
            ``(i) maintain a list of individuals who are available to
        participate on independent review boards under this paragraph;
            ``(ii) seek nominations of individuals to participate on
        such boards (upon appointment by the Secretary), through the
        Federal Register, scientific and commercial journals, and the
        National Academy of Sciences and other such institutions; and
            ``(iii) update such list every two years.
    ``(F)(i) An independent review board under subparagraph (A) shall
be composed of 5 members, of which--
            ``(I) 3 shall be appointed by the Secretary from the list
        under subparagraph (E); and
            ``(II) 2 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(ii) If any individual declines appointment to an independent
review board under this paragraph, the Secretary shall appoint another
individual in the same manner.
    ``(iii) The selection of the members, and activities, of
independent review boards under this paragraph is not subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
    ``(iv) The identities of the members of independent review boards
under this paragraph shall not be made public.
    ``(v) The Secretary shall provide compensation to an individual for
service as a member of an independent review board under this
paragraph, at a rate equal to not to exceed the daily equivalent of the
maximum annual rate of basic pay for grade GS-12 of the General
Schedule level for each day (including travel time) during which the
individual is engaged in the actual performance of duties as a member
of such board.
    ``(vi) In this subparagraph, the term `qualified individual' means
an individual with expertise in the biological sciences--
            ``(I) who is by virtue of advanced education, training, or
        avocational, academic, commercial, research, or other
        experience competent to review the adequacy of any scientific
        methodology supporting a statement by the Secretary and the
        validity of any conclusions drawn from data used to support the
        statement;
            ``(II) who is not a participant in any petition or proposed
        or final determination before the Secretary;
            ``(III) who is not, and has not been, employed by or under
        contract to the Secretary or the State in which is located the
        species that is the subject of an independent scientific review
        in which the individual participates, for work related to a
        statement or species under consideration in such review; and
            ``(V) who has no direct financial interest, and is not
        employed by any person with a direct financial interest, in any
        statement under consideration in such review.''.
    ``(G) The Secretary shall publish, with any final regulation
implementing an action with respect to which an independent scientific
review board is required under this paragraph to be convened, a summary
of the report of the independent review board, noting points of
disagreement between the reviewers, if any, and the response of the
Secretary to the report.
    ``(H) The report of each independent scientific review board
required under this paragraph shall be included in the official record
of any regulation with respect to which the board is convened and shall
be available for public review 30 days before the close of the period
for comment on the regulation.''.
    (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C.
1533(b)(3)) is further amended by adding at the end the following:
    ``(G) If the Secretary determines pursuant to a petition that
addition of a species to either of the lists under subsection (c) is
not warranted, another petition regarding that species may not be
considered by the Secretary for one year.''.

Output: Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats; (2) a bibliography of scientific literature on the species; and (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed.Requires the Secretary to make specified notifications after receiving such a petition.Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions.Limits re-petitions for adding to such lists.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Fraud Prosecution Act of
1993''.

SEC. 2. INCREASED PENALTIES FOR HEALTH CARE FRAUD.

    (a) Offense.--Part I of title 18, United States Code, is amended by
inserting after chapter 50A the following:

                    ``CHAPTER 50B--HEALTH CARE FRAUD

``Sec.
``1101. Health care fraud.
``1102. Illegal remunerations.
``1103. Civil Action.
``1104. Definitions.
``Sec. 1101. Health care fraud
    ``(a) In General.--Whoever, in or affecting interstate commerce,
knowingly--
            ``(1) executes, or attempts to execute, a scheme or
        artifice to defraud to obtain a health care payment; or
            ``(2) presents to any person any statement as part of, or
        in support of, a claim for a health care payment, knowing that
        such statement contains any false or misleading information
        concerning any fact or thing material to such claim;
shall be fined under this title or imprisoned not more than 10 years,
or both.
    ``(b) Aggravated Offenses.--In an offense under subsection (a) of
this section--
                    ``(1) if the offender knowingly or recklessly
                causes serious bodily injury to an individual or
                knowingly or recklessly endangers the life of a person,
                the offender shall be fined under this title or
                imprisoned not more than 15 years, or both; and
                    ``(2) if the offender knowingly or recklessly
                causes the death of an individual, the offender shall
                be fined under this title or imprisoned not more than
                25 years, or both.
``Sec. 1102. Illegal remunerations
    ``Whoever, in or affecting interstate commerce, knowingly solicits,
receives, offers, or provides anything of value--
            ``(1) for the referral of an individual to a person for the
        furnishing of any item or service for which a health care
        payment may be paid by a third party payer;
            ``(2) for recommending, or arranging for, the furnishing of
        any item or service for which a health care payment may be paid
        by a third party payer; or
            ``(3) which in effect reduces the cost of an item or
        service for which a health care payment may be paid by a third
        party payer, and then seeks that health care payment from the
        third party payer;
without informing the third party payer fully about having done so and
reflecting the amount of the thing of value in the claim for the health
care payment, shall be fined under this title or imprisoned not more
than 5 years, or both.
``Sec. 1103. Civil action
    ``Any person injured in business or property by a violation of this
chapter may in a civil action recover treble damages. The court may
award the prevailing party a reasonable attorney's fee as a part of the
costs.
``Sec. 1104. Definitions
    ``As used in this chapter--
            ``(1) the term `health care payment' means a payment for
        health care services or health care products, or the right to
        have a payment made by a third party payer for specified health
        care services or products; and
            ``(2) the term `third party payer' means any person, public
        or private, who undertakes to indemnify another against loss
        arising from a contingent or unknown event.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 50A the following new item:

``50B. Health care fraud....................................   1101.''.

SEC. 3. INJUNCTIONS FOR HEALTH CARE FRAUD.

    Section 1345(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``or 1001'' and
        inserting ``1001, 1101, or 1102''; and
            (2) in paragraph (a)(2), by inserting ``a violation of
        section 1101 or 1102 of this title or'' after ``as a result
        of''.

SEC. 4. CRIMINAL FORFEITURE OF FRAUD PROCEEDS.

    Section 982(a)(2)(B) of title 18, United States Code, is amended--
            (1) by inserting ``1101, 1102,'' after ``844,''; and
            (2) by striking ``or 1030'' and inserting ``1030, or
        1347''.

SEC. 5. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.

    Section 3059 of title 18, United States Code, is amended by adding
at the end the following:
    ``(c)(1) The Attorney General may pay a reward of--
            ``(A) an amount determined under paragraph (2) of this
        subsection, in the case of an offense in which the United
        States is a victim and restitution or a civil recovery is
        obtained by the United States; or
            ``(B) not more than $100,000, in any other case;
to any person who furnishes information or services that lead to a
conviction under section 1101 or 1102 of this title.
    ``(2) The amount referred to in paragraph (1)(A) of this subsection
is an amount equal to--
            ``(A) not more than 30 percent of the first $1,000,000 of
        the recovery;
            ``(B) not more than 20 percent of the next $4,000,000; and
            ``(C) not more than 5 percent of the remaining portion of
        the recovery.
    ``(3) An officer or employee of the United States or of a State or
local government who furnishes information or renders services in the
performance of official duty is ineligible for a payment under this
subsection with respect to such information or services.''.

SEC. 6. HEALTH CARE FRAUD TASK FORCES.

    (a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall establish regional health
care fraud task forces (hereinafter in this section referred to as
``task forces'').
    (b) Purpose.--The purpose of the task forces is to ensure that
adequate resources are made available to identify, investigate, and
prosecute health care fraud and to recover the proceeds of such fraud
and other criminal activity against health insurers.
    (c) Duties.--Each such task force shall coordinate the
investigative and prosecutorial efforts within their region, as
determined by the Attorney General.
    (d) Participants.--The Federal agencies that shall participate in
the task forces are--
            (1) the Department of Justice (including the Federal Bureau
        of Investigation);
            (2) the Department of Health and Human Services (including
        the Food and Drug Administration and the Office of the
        Inspector General);
            (3) the Internal Revenue Service;
            (4) the United States Postal Inspection Service; and
            (5) the Veteran's Administration.
    (e) Locations.--The task forces shall be established in such cities
as the Attorney General deems appropriate.
    (f) Objectives.--The objective of each task force shall be--
            (1) to target, investigate and prosecute individuals who
        organize, direct, finance, or are otherwise engaged in health
        care fraud;
            (2) to promote a coordinated health care fraud enforcement
        effort in each task force region, and to encourage maximum
        cooperation among all Federal agencies;
            (3) to work fully and effectively with State and local law
        enforcement agencies; and
            (4) to make full use of financial investigative techniques,
        on behalf of both public and private entities, to maximize
        recovery of proceeds of unlawful activities from persons who
        have committed health care fraud crimes or have engaged in
        other criminal activity in or against the health insurance
        industry.
    (g) Standards for Task Force Cases.--Each task force should focus
upon significant investigations of major health care fraud cases, or
organizations engaging in health care fraud, that warrant the
involvement of more than one investigative agency or that require
significant resources during the investigative stage.
    (h) Administration.--The administrative functions of the national
task force program will be performed by an executive office to be
established within the Department of Justice in Washington, D.C. It
shall be supervised by a Director, and the staff shall consist of
professional and support staff deemed necessary for the performance of
management and administrative functions.
    (i) Oversight.--An Executive Review Board shall oversee the task
force program. It shall be composed of ranking officials from each of
the participating Federal agencies and the Advisory Committee of the
United States Attorneys. Its role shall be to articulate policy, review
allocation of resources and coordinate the development and maintenance
of the task force program. The Board shall also be responsible for
resolving policy disputes that cannot be resolved within or among the
regional task forces or the participating agencies. The Board shall
meet no less frequently than quarterly.
    (j) Guidelines.--The Attorney General shall, in consultation with
the Executive Review Board, establish guidelines for the operation and
management of the task force program.

SEC. 7. NATIONAL HEALTH CARE FRAUD AND ABUSE DATA BASE.

    (a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall establish a data base for
the reporting of final adverse actions against health care providers,
suppliers, or practitioners, in order to provide a central repository
of such information to assist in the prevention, detection, and
prosecution of health care fraud and abuse.
    (b) Reporting of Information.--
            (1) In general.--Each government agency and health care
        plan shall report any final adverse action taken against a
        health care provider, supplier, or practitioner.
            (2) Information to be reported.--The information to be
        reported under paragraph (1) includes the following:
                    (A) The name of any health care provider, supplier,
                or practitioner who is the subject of a final adverse
                action.
                    (B) The name (if known) of any health care entity
                with which a health care provider, supplier, or
                practitioner is affiliated or associated.
                    (C) The nature of the final adverse action.
                    (D) A description of the acts or omissions and
                injuries upon which the final adverse action was based,
                and such other information as required by the Attorney
                General.
            (3) Confidentiality.--The Attorney General shall establish
        procedures to assure that the privacy of individuals receiving
        health care services is appropriately protected.
            (4) Form and manner of reporting.--The information required
        to be reported under this subsection shall be reported on a
        monthly basis and in such form and manner as determined by the
        Attorney General. Such information shall first be required to
        be reported on a date specified by the Attorney General.
            (5) To whom reported.--The information required to be
        reported under this subsection shall be reported to the
        Attorney General or such person or persons designated by the
        Attorney General.
    (c) Correction of Erroneous Information.--
            (1) Disclosure and correction.--The Attorney General shall
        provide for a procedure through which a person, to whom
        information within the data base established under this section
        pertains, may review that information and obtain the correction
        of errors pertaining to that person.
            (2) Other corrections.--Each Government agency and health
        care plan shall report corrections of information already
        reported about any final adverse action taken against a health
        care provider, supplier, or practitioner, in such form and
        manner as required by the Attorney General.
    (d) Access to Reported Information.--
            (1) Availability.--The information in this data base shall
        be available to the public, Federal and State government
        agencies, and health care plans pursuant to procedures
        established by the Attorney General.
            (2) Fees.--The Attorney General may establish reasonable
        fees for the disclosure of information in this data base.
    (e) Protection From Liability for Reporting.--No person or entity
shall be held liable in any civil action with respect to any report
made as required by this section, without knowledge of the falsity of
the information contained in the report.
    (f) Definitions and Special Rules.--For purposes of this section:
            (1) The term ``final adverse action'' includes the
        following:
                    (A) Civil judgments in Federal or State court
                related to the delivery of a health care item or
                service.
                    (B) Federal or State criminal convictions related
                to the delivery of a health care item or service.
                    (C) Actions by State or Federal agencies
                responsible for the licensing and certification of
                health care providers, suppliers, and licensed health
                care practitioners, including--
                            (i) formal or official actions, such as
                        revocation or suspension of a license (and the
                        length of any such suspension), reprimand,
                        censure or probation,
                            (ii) any other loss of license of the
                        provider, supplier, or practitioner, whether by
                        operation of law, voluntary surrender or
                        otherwise, or
                            (iii) any other negative action or finding
                        by such State or Federal agency that is
                        publicly available information.
                    (D) Exclusion from participation in Federal or
                State health care programs.
                    (E) Any other actions as required by the Attorney
                General.
            (2) The terms ``licensed health care practitioner'',
        ``licensed practitioner'', and ``practitioner'' mean, with
        respect to a State, an individual who is licensed or otherwise
        authorized by the State to provide health care services (or any
        individual who, without authority holds himself or herself out
        to be so licensed or authorized).
            (3) The term ``health care provider'' means a provider of
        services as defined in section 1861(u) of the Social Security
        Act, and any entity, including a health maintenance
        organization, group medical practice, or any other entity
        listed by the Secretary in regulation, that provides health
        care services.
            (4) The term ``supplier'' means a supplier of health care
        items and services described in sections 1819 (a) and (b), and
        section 1861 of the Social Security Act.
            (5) The term ``Government agency'' includes--
                    (A) The Department of Justice.
                    (B) The Department of Health and Human Services.
                    (C) Any other Federal agency that either
                administers or provides payment for the delivery of
                health care services, including, but not limited to the
                Department of Defense and the Veterans' Administration.
                    (D) State law enforcement agencies.
                    (E) State Medicaid fraud and abuse units.
                    (F) State or Federal agencies responsible for the
                licensing and certification of health care providers
                and licensed health care practitioners.
            (6) The term ``health care plan'' has the meaning given to
        such term by section 1128(i) of the Social Security Act.
            (7) For purposes of paragraph (2), the existence of a
        conviction shall be determined under paragraph (4) of section
        1128(j) of the Social Security Act.

SEC. 8. NATIONAL HEALTH CARE FRAUD AND ABUSE HOTLINE.

    The Attorney General shall--
            (1) establish a national, toll-free health care fraud and
        abuse hotline to enable all persons, including health care
        consumers, providers, and insurers, to report (anonymously, if
        so desired) suspected instances of health care fraud or abuse;
            (2) provide for the appropriate referral of all information
        that is obtained through the hot line; and
            (3) assure that the public is provided adequate publicity
        about the existence and capabilities of the hotline.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 1994 for
the purposes of carrying out this Act and the amendments made by this
Act--
            (1) $23,000,000 for the Federal Bureau of Investigation to
        hire, equip, and train no fewer than 225 special agents and
        support staff to investigate health-care fraud cases;
            (2) $5,000,000 to hire, equip, and train no fewer than 50
        assistant United States Attorneys and support staff to
        prosecute health-care fraud cases;
            (3) $6,000,000 to hire, equip, and train no fewer than 50
        investigators in the Office of Inspector General, Department of
        Health and Human Services, to be devoted exclusively to health-
        care fraud cases;
            (4) $2,000,000 to establish, operate, and administer health
        care fraud task forces;
            (5) $2,000,000 to establish, operate, publicize, and
        administer the national health care fraud and abuse data base;
        and
            (6) $2,000,000 to establish, operate, publicize, and
        administer the national health care fraud and abuse hotline.

SEC. 10. SCHEMES AND DEVICES RELATING TO EXPRESS AND OTHER COMMERCIAL
              CARRIER SERVICES.

    (a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1347. Express company fraud
    ``Whoever engages in any conduct with respect to a private or
commercial interstate carrier which, were that conduct engaged in with
respect to the Postal Service, would be a violation of section 1341 or
1342 of this title, shall be punished as is provided under such section
for such violation.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following new item:

``1347. Express company fraud.''.

SEC. 11. LAUNDERING OF MONETARY INSTRUMENTS.-

    Section 1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by inserting ``section 1101 or 1002 (relating to health
        care fraud),'' after ``875 (relating to interstate
        communications),''; and
            (2) by inserting ``section 1347 (relating to express
        company fraud),'' after ``1203 (relating to hostage taking),''.

HR 3093 IH----2

Output:
Health Care Fraud Prosecution Act of 1993 - Amends the Federal criminal code to set penalties for:  (1) knowingly executing a scheme or artifice to defraud to obtain a health care payment; or (2) presenting a statement as part of, or in support of, a claim for health care payment, knowing that such statement contains false or misleading information concerning any material fact.
Limits such penalties to a fine and ten years' imprisonment, unless the offender knowingly or recklessly caused:  (1) serious bodily injury to, or endangered the life of, an individual (up to 15 years' imprisonment); or (2) caused the death of an individual (up to 25 years' imprisonment).
Sets forth provisions regarding illegal remunerations.
Permits:  (1) persons injured by violations of such provisions to recover treble damages in a civil action; and (2) the court to award the prevailing party a reasonable attorney fee.
Makes provisions regarding injunctions against fraud and criminal forfeiture of fraud proceeds applicable to health care fraud.
Authorizes the Attorney General to pay specified rewards for information leading to the prosecution and conviction of persons engaging in health care fraud, with exceptions.
Directs the Attorney General to establish:  (1) regional health care fraud task forces and a data base for the reporting of final adverse actions against health care providers, suppliers, or practitioners; and (2) a national, toll-free health care fraud and abuse hotline.
Authorizes appropriations:  (1) for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases; and (2) to establish, operate, and administer health care task forces and the national health care fraud and abuse data base and hotline, and to publicize the data base and hotline.
Amends the Federal criminal code to make:  (1) activity which, if engaged in by the U.S. Postal Service, would be a violation of mail fraud provisions, punishable to the same extent with respect to private or commercial interstate carriers (express company fraud); and (2) health care fraud and express company fraud predicates to violations of prohibitions against the laundering of monetary instruments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Bipartisan Commission on
the Future of Medicare Act of 1997''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the National
Bipartisan Commission on the Future of Medicare (referred to in this
Act as the ``Commission'').

SEC. 3. FINDINGS.

    The Congress finds that--
            (1) the medicare program under title XVIII of the Social
        Security Act (42 U.S.C. 1395 et seq.) provides essential health
        care coverage to this Nation's senior citizens and to
        individuals with disabilities;
            (2) the Federal Hospital Insurance Trust Fund established
        under that Act has been spending more than it receives since
        1995, and will be bankrupt in the year 2001;
            (3) the Federal Hospital Insurance Trust Fund faces even
        greater solvency problems in the long run with the aging of the
        baby boom generation and the continuing decline in the number
        of workers paying into the medicare program for each medicare
        beneficiary;
            (4) the trustees of the trust funds of the medicare program
        have reported that growth in spending within the Federal
        Supplementary Medical Insurance Trust Fund established under
        that Act is unsustainable; and
            (5) expeditious action is needed in order to restore the
        financial integrity of the medicare program and to maintain
        this Nation's commitment to senior citizens and to individuals
        with disabilities.

SEC. 4. DUTIES OF THE COMMISSION.

    The Commission shall--
            (1) review and analyze the long-term financial condition of
        the medicare program under title XVIII of the Social Security
        Act (42 U.S.C. 1395 et seq.);
            (2) identify problems that threaten the financial integrity
        of the Federal Hospital Insurance Trust Fund and the Federal
        Supplementary Medical Insurance Trust Fund established under
        that title (42 U.S.C. 1395i, 1395t);
            (3) analyze potential solutions to the problems identified
        under paragraph (2) that will ensure both the financial
        integrity of the medicare program and the provision of
        appropriate benefits under such program;
            (4) make recommendations to restore the solvency of the
        Federal Hospital Insurance Trust Fund and the financial
        integrity of the Federal Supplementary Medical Insurance Trust
        Fund through the year 2030, when the last of the baby boomers
        reaches age 65;
            (5) make recommendations for establishing the appropriate
        financial structure of the medicare program as a whole;
            (6) make recommendations for establishing the appropriate
        balance of benefits covered and beneficiary contributions to
        the medicare program;
            (7) make recommendations for the time periods during which
        the recommendations described in paragraphs (4), (5), and (6)
        should be implemented; and
            (8) review and analyze such other matters as the Commission
        deems appropriate.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 15
members, of whom--
            (1) three shall be appointed by the President;
            (2) six shall be appointed by the Majority Leader of the
        Senate, in consultation with the Minority Leader of the Senate,
        of whom not more than 4 shall be of the same political party;
        and
            (3) six shall be appointed by the Speaker of the House of
        Representatives, in consultation with the Minority Leader of
        the House of Representatives, of whom not more than 4 shall be
        of the same political party.
    (b) Comptroller General.--The Comptroller General of the United
States shall advise the Commission on the methodology to be used in
identifying problems and analyzing potential solutions in accordance
with the duties of the Commission described in section 4.
    (c) Terms of Appointment.--The members shall serve on the
Commission for the life of the Commission.
    (d) Meetings.--The Commission shall locate its headquarters in the
District of Columbia, and shall meet at the call of the Chairperson.
    (e) Quorum.--Ten members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
    (f) Chairperson.--The Speaker of the House of Representatives, in
consultation with the Majority Leader of the Senate, shall designate 1
of the members appointed under subsection (a) as Chairperson of the
Commission.
    (g) Vacancies.--A vacancy on the Commission shall be filled in the
same manner in which the original appointment was made not later than
30 days after the Commission is given notice of the vacancy.
    (h) Compensation.--Members of the Commission shall receive no
additional pay, allowances, or benefits by reason of their service on
the Commission.
    (i) Expenses.--Each member of the Commission shall receive travel
expenses and per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.

SEC. 6. STAFF AND SUPPORT SERVICES.

    (a) Executive Director.--
            (1) Appointment.--The Chairperson shall appoint an
        executive director of the Commission.
            (2) Compensation.--The executive director shall be paid the
        rate of basic pay for level V of the Executive Schedule.
    (b) Staff.--With the approval of the Commission, the executive
director may appoint such personnel as the executive director considers
appropriate.
    (c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates).
    (d) Experts and Consultants.--With the approval of the Commission,
the executive director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal agency may detail any of the personnel of such
agency to the Commission to assist in carrying out the duties of the
Commission.
    (f) Other Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other information from
the Library of Congress and agencies and elected representatives of the
executive and legislative branches of the Federal Government. The
Chairperson of the Commission shall make requests for such access in
writing when necessary.
    (g) Physical Facilities.--The Administrator of the General Services
Administration shall locate suitable office space for the operation of
the Commission. The facilities shall serve as the headquarters of the
Commission and shall include all necessary equipment and incidentals
required for the proper functioning of the Commission.

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may conduct public hearings or forums
at the discretion of the Commission, at any time and place the
Commission is able to secure facilities and witnesses, for the purpose
of carrying out the duties of the Commission.
    (b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
    (c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.

SEC. 8. REPORT.

    Not later than 1 year after the date of the enactment of this Act,
the Commission shall submit a report to the President and Congress
which shall contain a detailed statement of the recommendations,
findings, and conclusions of the Commission.

SEC. 9. TERMINATION.

    The Commission shall terminate on the date which is 30 days after
the date the Commission submits its report to the President and to
Congress under section 8.

SEC. 10. FUNDING.

    There is authorized to be appropriated to the Commission such sums
as are necessary to carry out the purposes of this Act. Sums
appropriated under this section shall be paid equally from the Federal
Hospital Insurance Trust Fund and from the Federal Supplementary
Medical Insurance Trust Fund under title XVIII of the Social Security
Act (42 U.S.C. 1395i, 1395t).

Output:
National Bipartisan Commission on the Future of Medicare Act of 1997 - Establishes the National Bipartisan Commission on the Future of Medicare to:  (1) review and analyze the long-term financial condition of the Medicare program under title XVIII of the Social Security Act; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through 2030; (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits; and (4) make recommendations for establishing the appropriate financial structure of the Medicare program and for establishing the appropriate balance of benefits covered and beneficiary contributions to the Medicare program.  Requires a report to the President and the Congress.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Labor Relations
Reorganization Act of 2011''.

SEC. 2. REFERENCES.

    Whenever in this Act an amendment is expressed as an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of the National Labor Relations
Act (29 U.S.C. 151 et seq.).

SEC. 3. ABOLISHMENT OF THE NATIONAL LABOR RELATIONS BOARD.

    (a) Abolishment of Board.--Effective on the date provided in
subsection (c), the National Labor Relations Board is abolished.
    (b) Repeal of Authority.--Sections 3, 4, and 5 of the Act are
repealed.
    (c) Effective Date.--This section shall take effect on the date
that is 30 days after the date of enactment of this Act.

SEC. 4. TRANSFER OF AUTHORITY FOR REPRESENTATIVE ELECTIONS TO OFFICE OF
              LABOR-MANAGEMENT STANDARDS.

    (a) Transfer of Authority.--The functions and responsibilities of
the National Labor Relations Board for overseeing elections under
section 9 of the National Labor Relations Act, and any related
authorities and functions under that Act, are hereby transferred to the
Secretary of Labor, to be carried out through the Office of Labor-
Management Standards.
    (b) Amendments to the NLRA.--
            (1) Definition.--Paragraph (10) of section 2 (29 U.S.C.
        152) is amended to read as follows:
            ``(10) The term `Secretary' means the Secretary of Labor,
        acting through the office of Labor-Management Standards of the
        Department of Labor.''.
            (2) Authority for supervising elections.--Section 9 (29
        U.S.C. 159) is amended by striking ``Board'' each place it
        appears and inserting ``Secretary''.
            (3) Rules and regulations.--
                    (A) Authority.--Section 6 (29 U.S.C. 156) is
                amended by striking ``Board'' and inserting
                ``Secretary''.
                    (B) Preservation of existing regulations.--Rules
                and regulations issued under the National Labor
                Relations Act prior to and in effect on the day before
                the date of enactment of this Act shall continue in
                effect and shall be considered to be rules and
                regulations issued by the Secretary of Labor, acting
                through the office of Labor-Management Standards of the
                Department of Labor, under section 6 of such Act, as
                amended by paragraph (1).
            (4) Conforming amendments.--Section 8 (29 U.S.C. 158) is
        amended by striking ``Board'' each place it appears and
        inserting ``Secretary''.

SEC. 5. TRANSFER OF ENFORCEMENT AUTHORITY TO THE DEPARTMENT OF JUSTICE.

    (a) Transfer of Authority.--The functions and responsibilities of
the National Labor Relations Board for the prevention of unfair labor
practices under section 10 of the National Labor Relations Act, and any
related authorities and functions under that Act, are hereby
transferred to the Bureau of Labor Relations Enforcement of the
Department of Justice, established under subsection (b).
    (b) Establishment of Enforcement Bureau.--
            (1) Establishment and purpose.--There is established within
        the Department of Justice, under the general authority of the
        Attorney General, a Bureau of Labor Relations Enforcement, to
        carry out the enforcement duties and functions that were, prior
        to the date of enactment of this Act, carried out by the
        National Labor Relations Board under section 10 of the National
        Labor Relations Act.
            (2) Director.--The Bureau shall be headed by a Director
        appointed by the Attorney General. The Director shall have had
        experience in labor-management relations and shall not engage
        in any other employment than that of serving as Director; nor
        shall the Director hold any office in, or act in any capacity
        for, any organization, agency, or institution with which the
        Bureau makes any contract or other arrangement.
    (c) Amendments to the NLRA.--
            (1) Definition.--Section 2 (29 U.S.C. 152) is further
        amended by adding at the end the following:
            ``(15) The term `Bureau' means the Bureau of Labor
        Management Enforcement of the Department of Justice.''.
            (2) Authority for the prevention of unfair labor
        practices.--Section 10 (29 U.S.C. 160) is amended--
                    (A) in subsections (a), (d), (f), (g), (h), (j),
                (k) and (l), by striking ``Board'' each place it
                appears and inserting ``Bureau'';
                    (B) in subsection (b)--
                            (i) in the first sentence--
                                    (I) by striking ``Board'' each
                                place it appears and inserting
                                ``Bureau''; and
                                    (II) by striking ``or a member
                                thereof'';
                            (ii) in the second sentence--
                                    (I) by striking ``member, agent, or
                                agency'' and inserting ``agent or
                                agency''; and
                                    (II) by striking ``Board'' and
                                inserting ``Bureau'';
                            (iii) in the fourth sentence--
                                    (I) by striking ``member, agent, or
                                agency'' and inserting ``agent or
                                agency''; and
                                    (II) by striking ``Board'' and
                                inserting ``Bureau''; and
                            (iv) in the last sentence, by striking
                        ``the Act of June 19, 1934'' and all that
                        follows and inserting ``section 2072 of title
                        29, United States Code.'';
                    (C) in subsection (c)--
                            (i) by striking ``member, agent, or
                        agency'' and inserting ``agent or agency'';
                            (ii) by striking ``Board'' each place it
                        appears and inserting ``Bureau''; and
                            (iii) by striking the last sentence; and
                    (D) in subsection (e)--
                            (i) by striking ``Board'' each place it
                        appears and inserting ``Bureau''; and
                            (ii) by striking ``member, agent, or
                        agency'' each place it appears and inserting
                        ``agent or agency''.

SEC. 6. APPLICATION OF TITLE 5 PROVISION WITH RESPECT TO EMPLOYEES.

    Section 3503 of title 5, United States Code, shall apply with
respect to employees affected by the transfers of functions under
sections 4 and 5.

SEC. 7. INVESTIGATORY POWERS UNDER THE NLRA.

    Section 11 (29 U.S.C. 161) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``Board'' and inserting ``Secretary
                or the Bureau, as the case may be,''; and
                    (B) by striking ``it'' and inserting ``the
                Secretary or the Bureau, respectively,'';
            (2) in paragraph (1)--
                    (A) in the first sentence, by striking ``The Board,
                or its'' and inserting ``The Secretary and the Bureau,
                or their'';
                    (B) in the second sentence, by striking ``Board, or
                any member thereof'' and inserting ``Secretary or the
                Bureau, as the case may be'';
                    (C) in the third sentence--
                            (i) by striking ``Board'' the first place
                        it appears and inserting ``Secretary or the
                        Bureau''; and
                            (ii) by striking ``Board'' the second place
                        it appears and inserting ``Secretary or the
                        Bureau, as the case may be,''; and
                    (D) in the fourth sentence--
                            (i) by striking ``Any member of the Board''
                        and inserting ``The Secretary and the Bureau'';
                        and
                            (ii) by striking ``Board'' and inserting
                        ``Secretary or the Bureau'';
            (3) in paragraph (2)--
                    (A) by striking ``Board'' each place it appears and
                inserting ``Secretary or the Bureau''; and
                    (B) by striking ``member, agent, or agency'' both
                places it appears and inserting ``agent or agency'';
            (4) in paragraph (4), by striking ``Board, its member,
        agent, or agency'' both place it appears and inserting
        ``Secretary or the Bureau, its agent or agency''; and
            (5) in paragraph (6)--
                    (A) by striking ``Board, upon its'' both places it
                appears and inserting ``Secretary or the Bureau''; and
                    (B) by striking ``its''.

SEC. 8. ADDITIONAL CONFORMING AMENDMENTS.

    The Act is further amended--
            (1) in section 12, by striking ``Board or any of its'' and
        inserting ``Secretary or the Bureau or any of their'';
            (2) in section in section 14(c)--
                    (A) by striking ``Board, in its discretion'' and
                inserting ``Secretary or the Bureau, as the case may
                be, in their discretion''; and
                    (B) by striking ``Board'' the second, third, and
                fourth places it appears and inserting ``Secretary or
                the Bureau''; and
            (3) in section 18, by striking ``National Labor Relations
        Board'' and inserting ``Secretary''.

Output:
National Labor Relations Reorganization Act of 2011 - Amends the National Labor Relations Act to abolish the National Labor Relations Board (NLRB).

Transfers all functions of the NLRB for overseeing elections of collective bargaining representatives to the Secretary of Labor, to be carried out through the Office of Labor-Management Standards.

Establishes within the Department of Justice (DOJ) a Bureau of Labor Relations Enforcement, to which are transferred all functions of the NLRB for the prevention of unfair labor practices.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Bay Detention Facility
Safe Closure Act of 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since the United States began its Global War on
        Terrorism, terrorists have been captured by the United States
        and their allies and detained in facilities at Guantanamo Bay
        Detention Facility (GTMO), Cuba.
            (2) The detainee complex at Guantanamo Bay, Cuba, is the
        only complex in the world that can safely and humanely hold
        individuals that pose a high-security risk to the United
        States. It is a secure location away from population centers,
        provides maximum security required to prevent escape, provides
        multiple levels of confinement opportunities based on
        compliance of the detainee, and provides medical care not
        available to a majority of the population of the world.
            (3) GTMO is the single greatest repository of human
        intelligence in the war on terror. This intelligence has
        prevented terrorist attacks and saved lives in the past and
        continues to do so today.
            (4) New intelligence being collected from detainees at GTMO
        is being used to fight terrorists in Iraq, Afghanistan, and
        around the globe.
            (5) Intelligence information obtained from questioning
        detainees includes--
                    (A) the organizational structure of al-Qaida and
                other terrorist groups;
                    (B) the extent of terrorist presence in Europe, the
                United States, and the Middle East;
                    (C) al-Qaida's pursuit of weapons of mass
                destruction;
                    (D) methods of recruitment and locations of
                recruitment centers;
                    (E) terrorist skill sets, including general and
                specialized operative training; and
                    (F) how legitimate financial activities are used to
                hide terrorist operations.
            (6) The Expeditionary Legal Complex (ELC) located at GTMO
        is the only one of its kind in the world. It provides a secure
        location to secure and try detainees charged by the United
        States Government, full access to sensitive and classified
        information, full access to defense lawyers and prosecution,
        and full media access by the press.
            (7) There are on average two lawyers for every detainee
        that has been charged or had charges preferred against them at
        GTMO.
            (8) There are 127 doctors, nurses, and medical technicians
        dedicated to caring for and maintaining the health of each
        detainee--a ratio of 1:2 (one health care professional for
        every two detainees).
            (9) GTMO is operated by the Department of Defense and only
        interrogation techniques approved by the Secretary of Defense
        have been used.
            (10) Detainees are being treated humanely.
            (11) There are no solitary confinement facilities at
        Guantanamo.
            (12) Water boarding has never occurred at GTMO.
            (13) Current treatment and oversight exceed any maximum-
        security prison in the world.
            (14) Since 2002, more than 520 detainees have departed
        Guantanamo for other countries, including Albania, Afghanistan,
        Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt,
        France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya,
        Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia,
        Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United
        Kingdom, and Yemen.
            (15) There are approximately 245 detainees from over 30
        countries remaining at GTMO. These detainees include terrorist
        trainers, terrorist financiers, bomb makers, Osama bin Laden
        bodyguards, recruiters and facilitators, and would-be suicide
        bombers. Detainees remaining at GTMO fall into three
        categories:
                    (A) Detainees who have been cleared for release but
                the United States has not been able to find a foreign
                country willing to accept them.
                    (B) Detainees who have been tried, had charges
                referred to trial, or are awaiting for referral to
                trial.
                    (C) Detainees who are either of high threat to the
                United States or are from countries where the United
                States is unable to get sufficient assurances that the
                country will mitigate their threat if transferred.
            (16) The Pentagon claims that 61 of released GTMO detainees
        have ``returned to the fight''.
            (17) Said Ali al-Shihri, suspected of involvement in the
        bombing of the United States Embassy in Yemen on 17 September
        2008, was released to Saudi Arabia in 2007, passed through a
        Saudi rehabilitation program, and has resurfaced as the new
        deputy leader of al-Qaida in Yemen.
            (18) In 2007, the Senate passed a resolution, 94-3,
        stating, ``detainees housed at Guantanamo should not be
        released into American society, nor should they be transferred
        stateside into facilities in American communities and
        neighborhoods.''.
            (19) On January 20, 2009, President Obama instructed
        military prosecutors to seek a 120-day suspension of legal
        proceedings at GTMO or what administration officials called ``a
        continuance of the proceedings''.
            (20) On January 22, 2009, President Obama ordered the
        closing of the GTMO prisons within a year.
            (21) The United States is still in a global war on terror,
        engaged in armed conflict with terrorist organizations, and
        will, in all probability, continue to capture terrorists who
        will be detained in a facility.
            (22) If the detention facility at GTMO is closed, some
        United States domestic or overseas prison will have to house
        these detainees while they await disposition.

SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER INDIVIDUALS DETAINED AT
              GUANTANAMO BAY, CUBA, TO THE UNITED STATES, OR TO
              COORDINATE WITH OTHER DEPARTMENTS OR AGENCIES FOR SUCH
              TRANSFER.

    None of the funds appropriated or otherwise made available to the
Department of Defense may be used--
            (1) to transfer any enemy combatant detained by the United
        States at Naval Station, Guantanamo Bay, Cuba, to the United
        States; or
            (2) to coordinate with any other department or agency for
        the purposes of transferring of any such enemy combatant to the
        United States.

SEC. 4. PROHIBITION ON USE OF CERTAIN CLOSED DEPARTMENT OF DEFENSE
              FACILITIES TO HOUSE ENEMY COMBATANTS.

    The Secretary of Defense may not use or authorize the use of any
facility that is closed through a base closure process for housing any
enemy combatant who, as of the date of the enactment of this Act, is
detained by the United States at Naval Station, Guantanamo Bay, Cuba.

SEC. 5. PROHIBITION ON CONSTRUCTING, IMPROVING, MODIFYING, OR OTHERWISE
              ENHANCING ANY FACILITY IN THE UNITED STATES OR ITS
              TERRITORIES FOR THE PURPOSE OF HOUSING ANY DETAINEE
              CURRENTLY OR PREVIOUSLY HOUSED AT GUANTANAMO.

    The Secretary of Defense may not construct, improve, modify, or
otherwise enhance any facility in the United States or its territories
for the purpose of housing any enemy combatant who, as of the date of
the enactment of this Act, is detained by the United States at Naval
Station, Guantanamo Bay, Cuba, or who has ever been so detained.

Output:
Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States; or (2) coordinate with any other department or agency to transfer any such individual to the United States.

Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual; or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Energy for America Act of
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) rising energy costs and uncertain long term energy
        supplies threaten to undermine the growth of the United States
        economy;
            (2) since 2003, fuel and fertilizer costs have nearly
        doubled for agricultural producers;
            (3) there are continuing and increasing risks to the energy
        security of the United States;
            (4) having an affordable, reliable, and plentiful energy
        supply will strengthen the United States economy and improve
        domestic energy security;
            (5) the agricultural sector can provide a significant
        source of clean, sustainable energy for the United States that
        can reduce the dependence of the United States on imported
        energy and lower energy costs for all people of the United
        States;
            (6) agriculture-based energy--
                    (A) boosts rural economic development;
                    (B) increases farm-based income;
                    (C) creates manufacturing, construction, and
                service jobs;
                    (D) expands economic opportunity for all people;
                and
                    (E) improves environmental quality;
            (7) it is a goal of this Act to help the agricultural
        sector to provide at least 25 percent of the energy consumed in
        the United States by calendar year 2025;
            (8) expanding agriculture-based renewable energy resources
        (including wind, solar, and geothermal energy, ethanol, and
        biodiesel) and improving energy efficiency will help to achieve
        that goal;
            (9) section 9006 of the Farm Security and Rural Investment
        Act of 2002 (7 U.S.C. 8106) established the renewable energy
        systems and energy efficiency improvements program, which is
        the first agricultural program to catalyze broad renewable
        energy and energy efficiency measures for the agricultural and
        rural business sectors;
            (10) since establishment, the program has been a strong
        success, providing during the first 3 years of the program
        nearly $64,000,000 in grants and loan guarantees for 412
        renewable energy and energy efficiency projects in 37 States,
        which leveraged approximately $699,000,000 in additional
        investments in farms and rural communities;
            (11) projects assisted by the grants and loan guarantees
        will--
                    (A) produce or save more than 17,000,000,000,000
                British thermal units of energy each year in the form
                of fuel, electricity, thermal energy, and energy
                efficiency;
                    (B) produce 124,000,000 gallons of ethanol and
                biodiesel fuel annually; and
                    (C) reduce carbon dioxide emissions by more than
                4,000,000 tons annually; and
            (12) applications for assistance under the program--
                    (A) in 2003, nearly matched the available funding
                for the program;
                    (B) in 2004, were nearly twice the available
                funding for the program; and
                    (C) in 2005 and 2006, were nearly triple the
                available funding for the program.

SEC. 3. RURAL ENERGY FOR AMERICA PROGRAM.

    Section 9006 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8106) is amended--
            (1) by striking the section designation and heading and
        inserting the following:

``SEC. 9006. RURAL ENERGY FOR AMERICA PROGRAM.'';

            (2) in subsection (a)--
                    (A) by inserting ``, and issue rebates,'' after
                ``grants''; and
                    (B) by inserting ``rural school districts,'' after
                ``ranchers,''.
            (3) by striking subsection (f);
            (4) by redesignating subsection (e) as subsection (h);
            (5) by inserting after subsection (d) the following:
    ``(e) Production-Based Incentive in Lieu of Grant.--
            ``(1) In general.--In addition to the authority under
        subsection (a), to encourage the production of electricity from
        renewable energy systems, the Secretary shall, on the request
        of an eligible applicant under this section, make production-
        based payments to the applicant in lieu of a grant.
            ``(2) Contingency.--Payments under paragraph (1) shall be
        contingent on documented energy production and sales from the
        renewable energy system to a third party.
            ``(3) Limitation.--The total net present value of a
        production-based incentive may not exceed the lower of--
                    ``(A) 25 percent of the eligible project costs; and
                    ``(B) any other limits that the Secretary
                establishes by rule or guidance.
    ``(f) Feasibility Studies.--
            ``(1) In general.--The Secretary may provide assistance to
        eligible applicants to conduct feasibility studies of projects
        for which assistance may be provided under this section.
            ``(2) Limitation.--The Secretary shall use not more than 10
        percent of funds made available to carry out this section to
        provide assistance described in paragraph (1).
            ``(3) Criteria.--The Secretary shall, by regulation,
        establish criteria for the receipt of assistance under this
        subsection.
            ``(4) Avoidance of duplicative assistance.--An applicant
        that receives assistance to carry out a feasibility study for a
        project under this subsection shall not be eligible for
        assistance to carry out a feasibility study for the project
        under any other provision of Federal law.
            ``(5) Matching funds.--A recipient of funds under this
        subsection shall contribute an amount of non-Federal funds that
        is at least equal to 75 percent of the amount of Federal funds
        received.
    ``(g) Rebate Program.--
            ``(1) In general.--The Secretary shall make competitive
        grants to eligible entities to provide rebates for farmers,
        ranchers, rural school districts, and rural small businesses to
        purchase renewable energy systems and make energy efficiency
        improvements.
            ``(2) Eligible entities.--To be eligible to receive a grant
        under paragraph (1), an entity shall be--
                    ``(A) a State energy or agriculture office;
                    ``(B) a nonprofit State-based energy efficiency or
                renewable energy organization that uses public funds
                provided directly or under contract with a State
                agency;
                    ``(C) any other nonprofit organization with a
                demonstrated ability to administer a State-wide energy
                efficiency or renewable energy rebate program; or
                    ``(D) a consortium of entities described in
                subparagraphs (A) through (C).
            ``(3) Merit review.--
                    ``(A) In general.--The Secretary shall establish a
                merit review process to review applications for grants
                under paragraph (1) that uses the expertise of the
                Department of Agriculture, other Federal and State
                agencies, and non-governmental organizations.
                    ``(B) Requirements.--In reviewing the application
                of an eligible entity to receive a grant under
                paragraph (1), the Secretary shall consider--
                            ``(i) the experience and expertise of the
                        entity in establishing and administering a
                        State-wide clean energy rebate program;
                            ``(ii) the annual projected energy savings
                        or production increases resulting from the
                        proposed program;
                            ``(iii) the environmental benefits
                        resulting from the proposed program; and
                            ``(iv) other appropriate factors, as
                        determined by the Secretary.
            ``(4) Maintenance of effort.--An entity that receives a
        grant under paragraph (1) shall provide assurances to the
        Secretary that funds provided to the entity under this
        subsection will be used to supplement, not to supplant, the
        amount of Federal, State, and local funds otherwise expended
        for rebate programs.
            ``(5) Rebate amount.--The amount of a rebate provided from
        a grant under this subsection shall not exceed the lower of--
                    ``(A) $10,000; or
                    ``(B) 50 percent of the cost incurred to purchase a
                renewable energy system or an energy efficiency
                improvement.''; and
            (6) by adding at the end the following:
    ``(i) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall make available to carry out this section--
            ``(1) $60,000,000 for fiscal year 2008, to remain available
        until expended, of which not more than $12,000,000 shall be
        used to carry out subsection (g);
            ``(2) $90,000,000 for fiscal year 2009, to remain available
        until expended, of which not more than $18,000,000 shall be
        used to carry out subsection (g);
            ``(3) $130,000,000 for fiscal year 2010, to remain
        available until expended, of which not more than $26,000,000
        shall be used to carry out subsection (g);
            ``(4) $180,000,000 for fiscal year 2011, to remain
        available until expended, of which not more than $36,000,000
        shall be used to carry out subsection (g); and
            ``(5) $250,000,000 for fiscal year 2012, to remain
        available until expended, of which not more than $50,000,000
        shall be used to carry out subsection (g).''.

SEC. 4. SENSE OF THE SENATE ON A DIRECT LOAN PROGRAM IN SECTION 9006.

    It is the sense of the Senate that--
            (1) as authorized by section 9006 of the Farm Security and
        Rural Investment Act of 2002 (7 U.S.C. 8106), the Secretary of
        Agriculture should implement a direct loan program to
        complement the grants provided under that section; and
            (2) as appropriate, the Secretary should model the direct
        loan program on the loan program established under section 503
        of the Small Business Investment Act of 1958 (15 U.S.C. 697).

Output:
Rural Energy for America Act of 2006 - Amends the Farm Security and Rural Investment Act of 2002 to rename the renewable energy systems and energy efficiency improvements program as the rural energy for America program (REAP).

Makes rural school districts eligible for REAP.

Authorizes: (1) production-based incentives in lieu of grants for electricity production from renewable energy systems contingent upon third-party sales; and (2) matching assistance for feasibility studies.

Directs the Secretary of Agriculture to make grants to eligible entities to provide rebates for farmers, ranchers, rural school districts, and rural small businesses to purchase renewable energy systems and make energy efficiency improvements. Defines eligible entities as: (1) a state energy or agriculture office; (2) a nonprofit state-based energy efficiency or renewable energy organization that uses public funds provided directly or under contract with a state agency; (3) any other nonprofit organization with a demonstrated ability to administer a statewide energy efficiency or renewable energy rebate program; or (4) a consortium of such entities. Limits rebates to the lower of $10,000 or 50% of the cost to purchase a renewable energy system or an energy efficiency improvement.

Extends REAP funding through FY 2012 with set-asides for the rebate program.

Expresses the sense of the Senate that the Secretary should implement a direct loan program to complement REAP grants.