Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preservation of Defined Benefit
Plans Act of 2005''.

SEC. 2. RULES RELATING TO REDUCTION IN ACCRUED BENEFITS BECAUSE OF
              ATTAINMENT OF ANY AGE.

    (a) Amendment to Internal Revenue Code of 1986.--Subparagraph (H)
of section 411(b)(1) of the Internal Revenue Code of 1986 (relating to
continued accrual beyond normal retirement age) is amended--
            (1) by striking the heading and inserting the following:
        ``Rules relating to reduction in accrued benefits because of
        attainment of any age.--''; and
            (2) by adding at the end the following:
                            ``(vi) Comparison to similarly situated,
                        younger individuals.--
                                    ``(I) In general.--A defined
                                benefit plan under which the accrued
                                benefit payable under the plan upon
                                distribution (or any portion thereof)
                                is expressed as the balance of an
                                account maintained for the participant
                                shall not be treated as age
                                discriminatory under the rules set
                                forth in this subsection if the
                                participant's accrued benefit under the
                                plan, as determined as of any date
                                under the formula as set forth in the
                                plan documents, would be equal to or
                                greater than that of any similarly
                                situated younger individual.
                                    ``(II) Similarly situated
                                individual.--For purposes of this
                                clause, an individual is similarly
                                situated to a participant if such
                                individual is identical to such
                                participant in every respect (including
                                period of service, compensation,
                                position, date of hire, work history,
                                and any other respect) except for
                                age.''.
    (b) Amendment to the Employee Retirement Income Security Act of
1974.--Section 204(b)(1)(H) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1054(b)(1)(H)) is amended by adding at the end
the following new clause:
            ``(vii)(I) A defined benefit plan under which the accrued
        benefit payable under the plan upon distribution (or any
        portion thereof) is expressed as the balance of an account
        maintained for the participant shall not be treated as age
        discriminatory under the rules set forth in this subsection if
        the participant's accrued benefit under the plan, as determined
        as of any date under the formula as set forth in the plan
        documents, would be equal to or greater than that of any
        similarly situated younger individual.
            ``(II) For purposes of this clause, an individual is
        similarly situated to a participant if such individual is
        identical to such participant in every respect (including
        period of service, compensation, position, date of hire, work
        history, and any other respect) except for age.''.
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning before, on, or after the date of the
enactment of this Act.

SEC. 3. DETERMINATIONS OF ACCRUED BENEFIT AS BALANCE OF BENEFIT
              ACCOUNT.

    (a) Amendment to Internal Revenue Code of 1986.--Subsection (a) of
section 411 of the Internal Revenue Code of 1986 (relating to minimum
vesting standards) is amended by adding at the end the following new
paragraph:
            ``(13) Maintenance of nonforfeitability of benefits
        expressed as account balance.--
                    ``(A) In general.--A defined benefit plan under
                which the accrued benefit payable under the plan upon
                distribution (or any portion thereof) is expressed as
                the balance of an account maintained for the
                participant shall not be treated as failing to meet the
                requirements of paragraph (2) or 417(e) solely because
                of the amount actually made available for such
                distribution under the terms of the plan, in any case
                in which--
                            ``(i) the applicable interest rate that
                        would be required to discount the participant's
                        accrued benefit projected under the terms of
                        the plan to normal retirement age to a present
                        value equal to the amount actually made
                        available for distribution under the plan is
                        not greater than
                            ``(ii) a market rate of return.
                    ``(B) Regulations.--The Secretary may provide by
                regulation for rules governing the calculation of a
                market rate of return for purposes of subparagraph (A)
                and for permissible methods of crediting interest to
                the account (including variable interest rates)
                resulting in effective rates of return meeting the
                requirements of subparagraph (A).''.
    (b) Amendment to Employee Retirement Income Security Act of 1974.--
Section 203 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1053) is amended by adding at the end the following new
subsection:
    ``(f)(1) A defined benefit plan under which the accrued benefit
payable under the plan upon distribution (or any portion thereof) is
expressed as the balance of an account maintained for the participant
shall not be treated as failing to meet the requirements of subsection
(a)(2) and section 205(g) solely because of the amount actually made
available for such distribution under the terms of the plan, in any
case in which--
            ``(A) the applicable interest rate that would be required
        to discount the participant's accrued benefit projected under
        the terms of the plan to normal retirement age to a present
        value equal to the amount actually made available for
        distribution under the plan is not greater than
            ``(B) a market rate of return.
    ``(2) The Secretary of the Treasury may provide by regulation for
rules governing the calculation of a market rate of return for purposes
of paragraph (1) and for permissible methods of crediting interest to
the account (including variable interest rates) resulting in effective
rates of return meeting the requirements of paragraph (1).''.
    (c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after the date of the enactment of this
Act.

SEC. 4. AGE DISCRIMINATION PROTECTIONS FOR PENSION PLAN PARTICIPANTS
              FROM CASH BALANCE CONVERSIONS.

    (a) Amendment to Internal Revenue Code of 1986.--Section 411 of the
Internal Revenue Code of 1986 (relating to special rules) is amended by
adding at the end the following new subsection:
    ``(f) Age Discrimination Safe Harbor Rules for Certain Plan
Conversions.--
            ``(1) Age discrimination.--An applicable plan amendment
        adopted by a defined benefit plan shall not be treated as
        satisfying the requirements of this section unless the opening
        account balance of each participant under the plan after the
        adoption of the amendment is equal to at least the present
        value of the participant's retirement benefit at age 65 before
        the effective date of the amendment, determined under the terms
        of the plan as in effect immediately before the effective date.
            ``(2) Applicable plan amendment.--For purposes of this
        subsection, the term `applicable plan amendment' means a plan
        amendment which has the effect of converting a defined benefit
        plan to a plan under which the accrued benefit is expressed to
        participants and beneficiaries as an amount other than an
        annual benefit commencing at normal retirement age (or which
        has a similar effect as determined under regulations of the
        Secretary under subsection (b)(1)(I)(iv)).
            ``(3) Special transition rules.--
                    ``(A) In general.--Paragraph (1) shall not apply
                with respect to an applicable plan amendment adopted on
                or after January 1, 1997, and before November 9, 2005,
                until the date which is 2 years after the date of the
                enactment of this subsection.
                    ``(B) Participants separated from service before
                enactment.--A participant who is separated from service
                before November 9, 2005, need not be taken into account
                for purposes of applying paragraph (1) until the date
                which is 3 years after the date of the enactment of
                this subsection.''.
    (b) Employee Retirement Income Security Act of 1974.--Section 203
of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1053)
is amended by adding at the end the following new subsection:
    ``(f)(1) An applicable plan amendment adopted by a defined benefit
plan shall not be treated as satisfying the requirements of this
section unless the opening account balance of each participant under
the plan after the adoption of the amendment is equal to at least the
present value of the participant's retirement benefit at age 65 before
the effective date of the amendment, determined under the terms of the
plan as in effect immediately before the effective date.
    ``(2) For purposes of this subsection, the term `applicable plan
amendment' means a plan amendment which has the effect of converting a
defined benefit plan to a plan under which the accrued benefit is
expressed to participants and beneficiaries as an amount other than an
annual benefit commencing at normal retirement age (or which has a
similar effect as determined under regulations of the Secretary of the
Treasury under subsection (b)(1)(I)(iv)).
    ``(3)(A) Paragraph (1) shall not apply with respect to an
applicable plan amendment adopted on or after January 1, 1997, and
before November 9, 2005, until the date which is 2 years after the date
of the enactment of this subsection.
    ``(B) A participant who is separated from service before November
9, 2005, need not be taken into account for purposes of applying
paragraph (1) until the date which is 3 years after the date of the
enactment of this subsection.''.
    (c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 5. WEAR AWAY PROTECTIONS IN PENSION PLAN CASH BALANCE CONVERSIONS.

    (a) Amendment to Internal Revenue Code of 1986.--Section 411 of the
Internal Revenue Code of 1986 (relating to special rules), as amended
by section 4, is amended by adding at the end the following new
subsection:
    ``(g) Treatment of Plan Amendments Wearing Away Accrued Benefit.--
            ``(1) In general.--An applicable plan amendment adopted by
        a defined benefit plan shall not be treated as satisfying the
        requirements of this section unless the applicable plan
        amendment meets the requirements of paragraphs (2) and (3).
            ``(2) Wear away prevented.--For purposes of paragraph (1),
        an applicable plan amendment meets the requirements of this
        paragraph if, under the terms of the plan after the adoption of
        the amendment, the accrued benefit of the participant at any
        time is not less than the sum of--
                    ``(A) the participant's accrued benefit for years
                of service before the effective date of the amendment,
                determined under the terms of the plan as in effect
                immediately before the effective date, plus
                    ``(B) the participant's accrued benefit determined
                under the formula applicable to benefit accruals under
                the current plan as applied to years of service after
                such effective date.
            ``(3) Employer choice of method to protect certain
        participants.--For purposes of paragraph (1), an applicable
        plan amendment meets the requirements of this paragraph if the
        plan to be amended provides each participant who has at least
        10 years of service (as determined under subsection (a)) under
        the plan at the time such amendment takes effect and is within
        5 years of eligibility for retirement under the plan with one
        of the following:
                    ``(A) Participant election to maintain rate of
                accrual in effect before plan amendment.--Each such
                participant--
                            ``(i) is provided with notice of the plan
                        amendment, including a comparison of the
                        present and projected values of the accrued
                        benefit determined both with and without regard
                        to the plan amendment, and
                            ``(ii) may elect upon retirement to either
                        receive benefits under the terms of the plan as
                        in effect at the time of retirement or to
                        receive benefits under the terms of the plan as
                        in effect immediately before the effective date
                        of such plan amendment (taking into account all
                        benefit accruals under such terms since such
                        date).
                    ``(B) Benefits of amended plan do not decrease.--
                For each such participant, the benefits after the plan
                amendment takes effect are not less than the greatest
                benefits the participant would have received by reason
                of the election described in subparagraph (A)(ii).
                    ``(C) Maintenance of effort.--For each such
                participant, for at least the first 5 years after the
                plan amendment takes effect, benefits under the terms
                of the plan as in effect immediately before the
                effective date of such plan amendment (taking into
                account all benefit accruals under such terms since
                such date).
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) Applicable plan amendment.--The term
                `applicable plan amendment' has the meaning given such
                term by subsection (f).
                    ``(B) Protected accrued benefit.--An accrued
                benefit shall include any early retirement benefit or
                retirement-type subsidy (within the meaning of
                subsection (d)(6)(B)(i)), but only with respect to a
                participant who satisfies (either before or after the
                effective date of the amendment) the conditions for the
                benefit or subsidy under the terms of the plan as in
                effect immediately before such date.''.
    (b) Employee Retirement Income Security Act of 1974.--Section 203
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1053), as amended by section 4, is amended by adding at the end the
following new subsection:
    ``(g)(1) An applicable plan amendment adopted by a defined benefit
plan shall not be treated as satisfying the requirements of this
section unless the applicable plan amendment meets the requirements of
paragraphs (2) and (3).
    ``(2) For purposes of paragraph (1), an applicable plan amendment
meets the requirements of this paragraph if, under the terms of the
plan after the adoption of the amendment, the accrued benefit of the
participant at any time is not less than the sum of--
            ``(A) the participant's accrued benefit for years of
        service before the effective date of the amendment, determined
        under the terms of the plan as in effect immediately before the
        effective date, plus
            ``(B) the participant's accrued benefit determined under
        the formula applicable to benefit accruals under the current
        plan as applied to years of service after such effective date.
    ``(3) For purposes of paragraph (1), an applicable plan amendment
meets the requirements of this paragraph if the plan to be amended
provides each participant who has at least 10 years of service (as
determined under subsection (a)) under the plan at the time such
amendment takes effect and is within 5 years of eligibility for
retirement under the plan with one of the following:
            ``(A) Each such participant--
                    ``(i) is provided with notice of the plan
                amendment, including a comparison of the present and
                projected values of the accrued benefit determined both
                with and without regard to the plan amendment, and
                    ``(ii) may elect upon retirement to either receive
                benefits under the terms of the plan as in effect at
                the time of retirement or to receive benefits under the
                terms of the plan as in effect immediately before the
                effective date of such plan amendment (taking into
                account all benefit accruals under such terms since
                such date).
            ``(B) For each such participant, the benefits after the
        plan amendment takes effect are not less than the greatest
        benefits the participant would have received by reason of the
        election described in subparagraph (A)(ii).
            ``(C) For each such participant, for at least the first 5
        years after the plan amendment takes effect, benefits under the
        terms of the plan as in effect immediately before the effective
        date of such plan amendment (taking into account all benefit
        accruals under such terms since such date).
    ``(4) For purposes of this subsection--
            ``(A) The term `applicable plan amendment' has the meaning
        given such term by subsection (f).
            ``(B) An accrued benefit shall include any early retirement
        benefit or retirement-type subsidy (within the meaning of
        subsection (d)(6)(B)(i)), but only with respect to a
        participant who satisfies (either before or after the effective
        date of the amendment) the conditions for the benefit or
        subsidy under the terms of the plan as in effect immediately
        before such date.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to any amendment to a plan adopted after the date of
the enactment of this Act.

Output:
Preservation of Defined Benefit Plans Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require all defined benefit pension plans, including hybrid plans such as a cash balance plan, to comply with certain rules, in cases of reduction in accrued benefits because of attainment of any age, in order to be deemed nondiscriminatory as to age.

Provides certain wear-away protections with respect to the accrued benefits of participants in defined benefit pension plans during conversions to cash balance plans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Junk Fax Prevention Act of 2004''.

SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED
              ADVERTISEMENTS.

    (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the
Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read
as follows:
                    ``(C) to use any telephone facsimile machine,
                computer, or other device to send, to a telephone
                facsimile machine, an unsolicited advertisement,
                unless--
                            ``(i) the unsolicited advertisement is from
                        a sender with an established business
                        relationship with the recipient, and
                            ``(ii) the unsolicited advertisement
                        contains a notice meeting the requirements
                        under paragraph (2)(D),
                except that the exception under clauses (i) and (ii)
                shall not apply with respect to an unsolicited
                advertisement sent to a telephone facsimile machine by
                a sender to whom a request has been made not to send
                future unsolicited advertisements to such telephone
                facsimile machine that complies with the requirements
                under paragraph (2)(E); or''.
    (b) Definition of Established Business Relationship.--Subsection
(a) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(a))
is amended--
            (1) by redesignating paragraphs (2) through (4) as
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) The term `established business relationship', for
        purposes only of subsection (b)(1)(C)(i), shall have the
        meaning given the term in section 64.1200 of the Commission's
        regulations, as in effect on January 1, 2003, except that--
                    ``(A) such term shall include a relationship
                between a person or entity and a business subscriber
                subject to the same terms applicable under such section
                to a relationship between a person or entity and a
                residential subscriber; and
                    ``(B) an established business relationship shall be
                subject to any time limitation established pursuant to
                paragraph (2)(G).''.
    (c) Required Notice of Opt-Out Opportunity.--Paragraph (2) of
section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2))
is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) shall provide that a notice contained in an
                unsolicited advertisement complies with the
                requirements under this subparagraph only if--
                            ``(i) the notice is clear and conspicuous
                        and on the first page of the unsolicited
                        advertisement;
                            ``(ii) the notice states that the recipient
                        may make a request to the sender of the
                        unsolicited advertisement not to send any
                        future unsolicited advertisements to a
                        telephone facsimile machine or machines and
                        that failure to comply, within the shortest
                        reasonable time, as determined by the
                        Commission, with such a request meeting the
                        requirements under subparagraph (E) is
                        unlawful;
                            ``(iii) the notice sets forth the
                        requirements for a request under subparagraph
                        (E);
                            ``(iv) the notice includes--
                                    ``(I) a domestic contact telephone
                                and facsimile machine number for the
                                recipient to transmit such a request to
                                the sender; and
                                    ``(II) a cost-free mechanism for a
                                recipient to transmit a request
                                pursuant to such notice to the sender
                                of the unsolicited advertisement; the
                                Commission shall by rule require the
                                sender to provide such a mechanism and
                                may, in the discretion of the
                                Commission and subject to such
                                conditions as the Commission may
                                prescribe, exempt certain classes of
                                small business senders, but only if the
                                Commission determines that the costs to
                                such class are unduly burdensome given
                                the revenues generated by such small
                                businesses;
                            ``(v) the telephone and facsimile machine
                        numbers and the cost-free mechanism set forth
                        pursuant to clause (iv) permit an individual or
business to make such a request during regular business hours; and
                            ``(vi) the notice complies with the
                        requirements of subsection (d);''.
    (d) Request To Opt-Out of Future Unsolicited Advertisements.--
Paragraph (2) of section 227(b) of the Communications Act of 1934 (47
U.S.C. 227(b)(2)), as amended by subsection (c) of this section, is
further amended by adding at the end the following new subparagraph:
                    ``(E) shall provide, by rule, that a request not to
                send future unsolicited advertisements to a telephone
                facsimile machine complies with the requirements under
                this subparagraph only if--
                            ``(i) the request identifies the telephone
                        number or numbers of the telephone facsimile
                        machine or machines to which the request
                        relates;
                            ``(ii) the request is made to the telephone
                        or facsimile number of the sender of such an
                        unsolicited advertisement provided pursuant to
                        subparagraph (D)(iv) or by any other method of
                        communication as determined by the Commission;
                        and
                            ``(iii) the person making the request has
                        not, subsequent to such request, provided
                        express invitation or permission to the sender,
                        in writing or otherwise, to send such
                        advertisements to such person at such telephone
                        facsimile machine;''.
    (e) Authority To Establish Nonprofit Exception.--Paragraph (2) of
section 227(b) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)),
as amended by subsections (c) and (d) of this section, is further
amended by adding at the end the following new subparagraph:
                    ``(F) may, in the discretion of the Commission and
                subject to such conditions as the Commission may
                prescribe, allow professional or trade associations
                that are tax-exempt nonprofit organizations to send
                unsolicited advertisements to their members in
                furtherance of the association's tax-exempt purpose
                that do not contain the notice required by paragraph
                (1)(C)(ii), except that the Commission may take action
                under this subparagraph only by regulation issued after
                public notice and opportunity for public comment and
                only if the Commission determines that such notice
                required by paragraph (1)(C)(ii) is not necessary to
                protect the ability of the members of such associations
                to stop such associations from sending any future
                unsolicited advertisements; and''.
    (f) Authority To Establish Time Limit on Established Business
Relationship Exception.--Paragraph (2) of section 227(b) of the
Communications Act of 1934 (47 U.S.C. 227(b)(2)), as amended by
subsections (c), (d), and (e) of this section, is further amended by
adding at the end the following new subparagraph:
                    ``(G)(i) may, consistent with clause (ii), limit
                the duration of the existence of an established
                business relationship to a period not shorter than 5
                years and not longer than 7 years after the last
                occurrence of an action sufficient to establish such a
                relationship, but only if--
                                    ``(I) the Commission determines
                                that the existence of the exception
                                under paragraph (1)(C) relating to an
                                established business relationship has
                                resulted in a significant number of
                                complaints to the Commission regarding
                                the sending of unsolicited
                                advertisements to telephone facsimile
                                machines;
                                    ``(II) upon review of such
                                complaints referred to in subclause
                                (I), the Commission has reason to
                                believe that a significant number of
                                such complaints involve unsolicited
                                advertisements that were sent on the
                                basis of an established business
                                relationship that was longer in
                                duration than the Commission believes
                                is consistent with the reasonable
                                expectations of consumers;
                                    ``(III) the Commission determines
                                that the costs to senders of
                                demonstrating the existence of an
                                established business relationship
                                within a specified period of time do
                                not outweigh the benefits to recipients
                                of establishing a limitation on such
                                established business relationship; and
                                    ``(IV) the Commission determines
                                that, with respect to small businesses,
                                the costs are not unduly burdensome,
                                given the revenues generated by small
                                businesses, and taking into account the
                                number of specific complaints to the
                                Commission regarding the sending of
                                unsolicited advertisements to telephone
                                facsimile machines by small businesses;
                                and
                    ``(ii) may not commence a proceeding to determine
                whether to limit the duration of the existence of an
                established business relationship before the expiration
                of the 3-year period that begins on the date of the
                enactment of the Junk Fax Prevention Act of 2004.''.
    (g) Unsolicited Advertisement.--Paragraph (5) of section 227(a) of
the Communications Act of 1934 (47 U.S.C. 227(a)(4)), as so
redesignated by subsection (b)(1) of this section, is amended by
inserting ``, in writing or otherwise'' before the period at the end.
    (h) Regulations.--Except as provided in clause (ii) of section
227(b)(2)(G) of the Communications Act of 1934 (as added by subsection
(f) of this section), not later than 270 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue regulations to implement the amendments made by this section.

SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following new subsection:
    ``(g) Junk Fax Enforcement Report.--The Commission shall submit a
report to the Congress for each year regarding the enforcement of the
provisions of this section relating to sending of unsolicited
advertisements to telephone facsimile machines, which shall include the
following information:
            ``(1) The number of complaints received by the Commission
        during such year alleging that a consumer received an
        unsolicited advertisement via telephone facsimile machine in
        violation of the Commission's rules.
            ``(2) The number of such complaints received during the
        year on which the Commission has taken action.
            ``(3) The number of such complaints that remain pending at
        the end of the year.
            ``(4) The number of citations issued by the Commission
        pursuant to section 503 during the year to enforce any law,
        regulation, or policy relating to sending of unsolicited
        advertisements to telephone facsimile machines.
            ``(5) The number of notices of apparent liability issued by
        the Commission pursuant to section 503 during the year to
        enforce any law, regulation, or policy relating to sending of
        unsolicited advertisements to telephone facsimile machines.
            ``(6) For each such notice--
                    ``(A) the amount of the proposed forfeiture penalty
                involved;
                    ``(B) the person to whom the notice was issued;
                    ``(C) the length of time between the date on which
                the complaint was filed and the date on which the
                notice was issued; and
                    ``(D) the status of the proceeding.
            ``(7) The number of final orders imposing forfeiture
        penalties issued pursuant to section 503 during the year to
        enforce any law, regulation, or policy relating to sending of
        unsolicited advertisements to telephone facsimile machines.
            ``(8) For each such forfeiture order--
                    ``(A) the amount of the penalty imposed by the
                order;
                    ``(B) the person to whom the order was issued;
                    ``(C) whether the forfeiture penalty has been paid;
                and
                    ``(D) the amount paid.
            ``(9) For each case in which a person has failed to pay a
        forfeiture penalty imposed by such a final order, whether the
        Commission referred such matter for recovery of the penalty.
            ``(10) For each case in which the Commission referred such
        an order for recovery--
                    ``(A) the number of days from the date the
                Commission issued such order to the date of such
                referral;
                    ``(B) whether an action has been commenced to
                recover the penalty, and if so, the number of days from
                the date the Commission referred such order for
                recovery to the date of such commencement; and
                    ``(C) whether the recovery action resulted in
                collection of any amount, and if so, the amount
                collected.''.

SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.

    (a) In General.--The Comptroller General of the United States shall
conduct a study regarding complaints received by the Federal
Communications Commission concerning unsolicited advertisements sent to
telephone facsimile machines, which shall determine--
            (1) the mechanisms established by the Commission to
        receive, investigate, and respond to such complaints;
            (2) the level of enforcement success achieved by the
        Commission regarding such complaints;
            (3) whether complainants to the Commission are adequately
        informed by the Commission of the responses to their
        complaints; and
            (4) whether additional enforcement measures are necessary
        to protect consumers, including recommendations regarding such
        additional enforcement measures.
    (b) Additional Enforcement Remedies.--In conducting the analysis
and making the recommendations required under paragraph (7) of
subsection (a), the Comptroller General shall specifically examine--
            (1) the adequacy of existing statutory enforcement actions
        available to the Commission;
            (2) the adequacy of existing statutory enforcement actions
        and remedies available to consumers;
            (3) the impact of existing statutory enforcement remedies
        on senders of facsimiles;
            (4) whether increasing the amount of financial penalties is
        warranted to achieve greater deterrent effect; and
            (5) whether establishing penalties and enforcement actions
        for repeat violators or abusive violations similar to those
        established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C.
        7703) would have a greater deterrent effect.
    (c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study under this section to Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.

            Passed the House of Representatives July 20, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement, unless the advertisement: (1) is from a sender with an established business relationship with the recipient; and (2) contains a notice on its first page that the recipient may request not to be sent any future unsolicited advertisements, and that failure to comply with such request is unlawful. Requires such notice to include a domestic contact telephone and fax machine number for the recipient to transmit such a request, as well as a cost-free mechanism for sending the request.

Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to the sender to have such advertisements sent. Authorizes the FCC to allow tax-exempt, nonprofit professional or trade associations to send unsolicited advertisements to their members in furtherance of professional or association purposes.

Authorizes the FCC, upon determining a significant number of complaints involving unsolicited fax advertisements, to limit the duration of the existence of an "established business relationship" exemption to a period not shorter than five and not longer than seven years after the last occurrence of an action sufficient to establish such relationship.

Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Fraud Accountability Act
of 2002''.

SEC. 2. HIGHER MAXIMUM PENALTIES FOR MAIL AND WIRE FRAUD.

    (a) Mail Fraud.--Section 1341 of title 18, United 5 States Code, is
amended by striking ``five'' and inserting ``20''.
    (b) Wire Fraud.--Section 1343 of title 18, United States Code, is
amended by striking ``five'' and inserting ``20''.
    (c) Securities Fraud.--Chapter 63 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1348. Securities fraud
    ``Whoever knowingly executes a scheme or artifice--
            ``(1) to defraud any person in connection with any security
        registered under section 12 or 15(d) of the Securities Exchange
        Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the
        Securities Act of 1933 (15 U.S.C. 77f); or
            ``(2) to obtain, by means of false or fraudulent pretenses,
        representations, or promises, any money or property in
        connection with the purchase or sale of any security registered
        under section 12 or 15(d) of the Securities Exchange Act of
        1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act
        of 1933 (15 U.S.C. 77f),
shall be fined under this title, or imprisoned not more than 25 years,
or both.''.
    (d) 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:

``1348. Securities fraud.''.

SEC. 3. TAMPERING WITH A RECORD OR OTHERWISE IMPEDING AN OFFICIAL
              PROCEEDING.

    Section 1512 of title 18, United States Code, is amended--
            (1) by redesignating subsections (c) through (i) as
        subsections (d) through (j), respectively; and
            (2) by inserting after subsection (b) the following new
        subsection:
    ``(c) Whoever corruptly--
            ``(1) alters, destroys, mutilates, or conceals a record,
        document, or other object, or attempts to do so, with the
        intent to impair the object's integrity or availability for use
        in an official proceeding; or
            ``(2) otherwise obstructs, influences, or impedes any
        official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years,
or both.''.

SEC. 4. AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES.

    (a) Request for Immediate Consideration by The United States
Sentencing Commission.--Pursuant to its authority under section 994(p)
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission is requested to--
            (1) promptly review the sentencing guidelines applicable to
        securities and accounting fraud and related offenses;
            (2) expeditiously consider the promulgation of new
        sentencing guidelines or amendments to existing sentencing
        guidelines to provide an enhancement for officers or directors
        of publicly traded corporations who commit fraud and related
        offenses; and
            (3) submit to Congress an explanation of actions taken by
        the Sentencing Commission pursuant to paragraph (2) and any
        additional policy recommendations the Sentencing Commission may
        have for combating offenses described in paragraph (1).
    (b) Considerations in Review.--In carrying out this section, the
Sentencing Commission is requested to--
            (1) ensure that the sentencing guidelines and policy
        statements reflect the serious nature of securities, pension,
        and accounting fraud and the need for aggressive and
        appropriate law enforcement action to prevent such offenses;
            (2) assure reasonable consistency with other relevant
        directives and with other guidelines;
            (3) account for any aggravating of mitigating circumstances
        that might justify exceptions, including circumstances for
        which the sentencing guidelines currently provide sentencing
        enhancements;
            (4) ensure that guideline offense levels and enhancements
        for an obstruction of justice offense are adequate in cases
        where documents or other physical evidence are actually
        destroyed or fabricated;
            (5) ensure that the guideline offense levels and
        enhancements under United States Sentencing Guideline 2B1.1 (as
        in effect on the date of enactment of this Act) are sufficient
        for a fraud offense when the number of victims adversely
        involved is significantly greater than 50;
            (6) make any necessary conforming changes to the sentencing
        guidelines; and
            (7) assure that the guidelines adequately meet the purposes
        of sentencing as set forth in section 3553 (a)(2) of title 18,
        United States Code.
    (c) Emergency Authority and Deadline For Commission Action.--The
United States Sentencing Commission is requested to promulgate the
guidelines or amendments provided for under this sections as soon as
practicable, and in any event not later than the 120 days after the
date of enactment of this Act, in accordance with the procedures sent
forth in section 21(a) of the Sentencing Reform Act of 1987, as though
the authority under that Act had not expired.

SEC. 5. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES
              FRAUD LAWS.

    Section 523(a) of title 11, United States Code, is amended--
            (1) in paragraph (17), by striking ``or'' after the
        semicolon;
            (2) in paragraph (18), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end, the following:
            ``(19) that--
                    ``(A) is a claim for--
                            ``(i) the violation of any of the Federal
                        securities laws (as that term is defined in
                        section 3(a)(47) of the Securities Exchange Act
                        of 1934), any of the State securities laws, or
                        any regulation or order issued under such
                        Federal or State securities laws; or
                            ``(ii) common law fraud, deceit, or
                        manipulation in connection with the purchase or
                        sale of any security; and
                    ``(B) results, in relation to any claim described
                in subparagraph (A), from--
                            ``(i) any judgment, order, consent order,
                        or decree entered in any Federal or State
                        judicial or administrative proceeding;
                            ``(ii) any settlement agreement entered
                        into by the debtor; or
                            ``(iii) any court or administrative order
                        for any damages, fine, penalty, citation,
                        restitutionary payment, disgorgement payment,
                        attorney fee, cost, or other payment owed by
                        the debtor.''.

SEC. 6. CORPORATE RESPONSIBILITY FOR FINANCIAL REPORTS.

    (a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1349. Failure of corporate officers to certify financial reports
    ``(a) Certification of Periodic Financial Reports.--Each periodic
report containing financial statements filed by an issuer with the
Securities Exchange Commission pursuant to section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall
be accompanied by a written statement by the chairman of the board,
chief executive officer, and chief financial officer (or equivalent
thereof) of the issuer.
    ``(b) Content.--The statement required under subsection (a) shall
certify that those financial statements fairly and accurately
represent, in all material respects, the operations and financial
condition of the issuer.
    ``(c) Criminal Penalties.--Whoever--
            ``(1) knowingly violates this section shall be fined not
        more than $1,000,000, or imprisoned not more than 10 years, or
        both; or
            ``(2) willfully violates this section shall be fined not
        more than $5,000,000, or imprisoned not more than 20 years, or
        both.''.
    (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:

``1349. Failure of corporate officers to certify financial reports.''.

SEC. 7. ATTEMPTS AND CONSPIRACIES TO COMMIT CRIMINAL OFFENSES.

    (a) In General.--Chapter 1 of title 18, United States Code, is
amended by inserting before section 2 the following:
``Sec. 1. Attempt and conspiracy
    ``Any person who attempts or conspires to commit any offense
against the United States shall be subject to the same penalties as
those prescribed for the offense, the commission of which was the
object of the attempt or conspiracy.
    (b) Clerical Amendment.--The table of sections at the beginning of
title 18, United States Code, is amended so that the item relating to
section 1 reads as follows:

``1. Attempt and conspiracy.''.

SEC. 8. INCREASED CRIMINAL PENALTIES UNDER SECURITIES EXCHANGE ACT OF
              1934.

    Section 32(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78ff(a)) is amended--
            (1) by striking ``$1,000,000, or imprisoned not more than
        10 years'' and inserting ``$5,000,000, or imprisoned not more
        than 20 years''; and
            (2) by striking ``$2,500,000'' and inserting
        ``$25,000,000''.

SEC. 9. TEMPORARY FREEZE AUTHORITY FOR THE SECURITIES AND EXCHANGE
              COMMISSION.

    (a) In General.--Section 21C(c) of the Securities Exchange Act of
1934 (15 U.S.C. 78u-3(c)) is amended by adding at the end the
following:
            ``(3) Temporary freeze.--
                    ``(A) In general.--
                            ``(i) Issuance of temporary order.--
                        Whenever, during the course of a lawful
                        investigation involving possible violations of
                        the Federal securities laws by an issuer of
                        publicly traded securities or any of its
                        directors, officers, partners, controling
                        persons, agents, or employees, it shall appear
                        to the Commission that it is likely that the
                        issuer will make extraordinary payments
                        (whether compensation of otherwise) to any of
                        the foregoing persons, the Commission may
                        petition a Federal district court for a
                        temporary order requiring the issuer to escrow,
                        subject to court supervision, those payments in
                        an interest-bearing account for 45 days.
                            ``(ii) Standard.--A temporary order shall
                        be entered under clause (i), only after notice
                        and opportunity for a hearing, unless the court
                        determines that notice and hearing prior to
                        entry of the order would be impracticable or
                        contrary to the public interest.
                            ``(iii) Effective period.--A temporary
                        order issued under clause (i) shall--
                                    ``(I) become effective immediately;
                                    ``(II) be served upon the parties
                                subject to it; and
                                    ``(III) unless set aside, limited
                                or suspended by a court of competent
                                jurisdiction, shall remain effective
                                and enforceable for 45 days.
                            ``(iv) Extensions authorized.--The
                        effective period of an order under this
                        subparagraph may be extended by the court upon
                        good cause shown for not longer than 45
                        additional days, provided that the combined
                        period of the order shall not exceed 90 days.
                    ``(B) Process on Determination of violations.--
                            ``(i) Violations charged.--If the issuer or
                        other person described in subparagraph (A) is
                        charged with any violation of the Federal
                        securities laws before the expiration of the
                        effective period of a temporary order under
                        subparagraph (A) (including any applicable
                        extension period), the order shall remain in
                        effect, subject to court approval, until the
                        conclusion of any legal proceedings related
                        thereto, and the affected issuer or other
                        person, shall have the right to petition the
                        court for review of the order.
                            ``(ii) Violations not charged.--If the
                        issuer or other person described in
                        subparagraph (A) is not charged with any
                        violation of the Federal securities laws before
                        the expiration of the effective period of a
                        temporary order under subparagraph (A)
                        (including any applicable extension period),
                        the escrow shall terminate at the expiration of
                        the 45-day effective period (or the expiration
                        of any extension period, as applicable), and
                        the disputed payments (with accrued interest)
                        shall be returned to the issuer or other
                        affected person.''.
    (b) Technical Amendment.--Section 21C(c)(2) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u-3(c)(2)) is amended by striking
``This'' and inserting ``paragraph (1)''.

SEC. 10. AUTHORITY OF THE COMMISSION TO PROHIBIT PERSONS FROM SERVING
              AS OFFICERS OR DIRECTORS.

    (a) Securities Exchange Act of 1934.--Section 21C of the Securities
Exchange Act of 1934 (15 U.S.C. 78u-3) is amended by adding at the end
the following:
    ``(f) Authority of the Commission to Prohibit Persons From Serving
as Officers or Directors.--In any cease-and-desist proceeding under
subsection (a), the Commission may issue an order to prohibit,
conditionally or unconditionally, and permanently or for such period of
time as it shall determine, any person who has violated section 10(b)
or the rules or regulations thereunder, from acting as an officer or
director of any issuer that has a class of securities registered
pursuant to section, or that is required to file reports pursuant to
section (d), if the conduct of that person demonstrates unfitness to
serve as an officer or director of any such issuer.''.
    (b) Securities Act of 1933.--Section 8A of the Securities Act of
1933 (15 U.S.C. 77h-1) is amended by adding at the end of the
following:
    ``(f) Authority of the Commission to Prohibit Persons From Serving
as Officers or Directors.--In any cease-and-desist proceeding under
subsection (a), the Commission may issue an order to prohibit,
conditionally or unconditionally, and permanently or for such period of
time as it shall determine, any person who has violated section
17(a)(1) or the rules or regulations thereunder, from acting as an
officer or director of any issuer that has a class of securities
registered pursuant to section of the Securities Exchange Act of 1934,
or that is required to file reports pursuant to section 15(d) of that
Act, if the conduct of that person demonstrates unfitness to serve as
an officer or director of any such issuer.''.

SEC. 11. RETALIATION AGAINST INFORMANT.

    (a) In General.--Section 1513 of title 18, United States Code, is
amended by adding at the end the following:
    ``(e) Whoever knowingly, with the intent to retaliate, takes any
action harmful to any person, including interference with the lawful
employment or livelihood of any person, for providing to a law
enforcement officer any truthful information relating to the commission
or possible commission of any Federal offense, shall be fined under
this title or imprisoned not more than 10 years, or both.''.

            Passed the House of Representatives July 16, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Corporate Fraud Accountability Act of 2002 - Amends Federal criminal law to: (1) increase the maximum penalties for mail fraud and for wire fraud; and (2) establish criminal penalties for knowing perpetration of securities fraud and for tampering with a record or otherwise impeding an official proceeding.(Sec. 4) Requests the United States Sentencing Commission to: (1) promptly review sentencing guidelines applicable to securities and accounting fraud; and (2) expeditiously consider promulgation of new sentencing guidelines to provide an enhancement for officers of directors of publicly traded corporations who commit fraud and related offenses. Prescribes guidelines for Commission consideration, including a request that it ensure that the sentencing guidelines and policy statements reflect the serious nature of securities, pension, and accounting fraud and the need for aggressive and appropriate law enforcement action to prevent such offenses. Sets a deadline for promulgation of such guidelines.(Sec. 5) Amends Federal bankruptcy law to declare nondischargeable in bankruptcy debts that have been incurred in violation of Federal or State laws governing securities fraud, deceit, or manipulation.(Sec. 6) Amends Federal criminal law to mandate that senior corporate officers certify in writing that financial statements fairly and accurately represent in all material aspects the operations and financial condition of the issuer.Subjects senior corporate officers to criminal liability for violations of this requirement, including: (1) maximum imprisonment of ten years for knowingly violating financial report requirements; and (2) maximum imprisonment of 20 years for willfully violating such requirements.(Sec. 7) Subjects any attempt or conspiracy to commit any offense against the United States to the same penalties as those prescribed for the offense.(Sec. 8) Amends the Securities Exchange Act of 1934 to: (1) increase criminal penalties for violations; and (2) authorize the Securities and Exchange Commission (SEC) to seek a temporary injunction to freeze extraordinary payments earmarked for designated persons or corporate staff under investigation for possible violations of Federal securities laws.(Sec. 10) Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to authorize the SEC to prohibit violators of certain provisions from serving as officers or directors of a publicly traded corporation.(Sec. 11) Amends Federal criminal law to establish criminal penalties for intentional retaliation against any person who has provided information to a law enforcement officer regarding the commission of a Federal offense.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pan Am Flight 103 Accountability Act
of 2011''.

SEC. 2. INVESTIGATION OF TERRORIST ATTACKS AGAINST THE UNITED STATES
              ATTRIBUTABLE TO THE GOVERNMENT OF MUAMMAR QADDAFI.

    (a) Continuing Investigation.--
            (1) In general.--The President shall continue any
        investigative activities of any Federal agencies with regard to
        the bombing of Pan Am flight 103 and any other terrorist
        attacks attributable to the government of Muammar Qaddafi
        against United States citizens, with the goal of determining
        the identities of the individuals responsible for the attacks
        and bringing such individuals to justice.
            (2) Cooperation.--
                    (A) In general.--The President shall urge the
                Transitional National Council and any successor
                government of Libya to cooperate with and participate
                in the investigative activities described in paragraph
                (1).
                    (B) Consideration of cooperation in assistance
                decisions.--The President shall consider the
                cooperation by the Transitional National Council and
                any successor government of Libya with respect to the
                investigative activities described in paragraph (1)
                when making decisions about the provision of United
                States assistance to the successor government.
    (b) Restriction on Availability of Frozen Assets.--
            (1) Limitation.--Except as provided in paragraph (2), the
        President may not distribute property confiscated from Muammar
        Qaddafi, his family, and the Government of Libya to the
        Transitional National Council or any successor government of
        Libya until the President certifies to Congress that the
        Transitional National Council or successor government is fully
        cooperating with requests for information and ongoing
        investigations related to the bombing of Pan Am flight 103 and
        any other terrorist attacks attributable to the government of
        Muammar Qaddafi against United States citizens.
            (2) Exception for humanitarian assistance.--The restriction
        in paragraph (1) does not apply to the distribution of property
        for humanitarian purposes.
            (3) National security waiver.--The President may waive the
        restriction in paragraph (1) upon certifying to the Committee
        on Foreign Relations of the Senate and the Committee on
        International Relations of the House of Representatives that
        the provision of confiscated assets to the Transitional
        National Council or any successor government of Libya is in the
        national security interest of the United States.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, and annually thereafter, the
        President shall submit to Congress a report on investigative
        activities described in subsection (a), including the following
        elements:
                    (A) A description of efforts by the President to
                ascertain information through all available channels,
                including inquiries with members of the Transitional
                National Council and any successor government of Libya,
                about the bombing of Pan Am flight 103 and other
                terrorist attacks attributable to the government of
                Muammar Qaddafi against United States citizens, with
                the goal of determining the identities of persons who
                have knowledge about such attacks or were involved in
                the planning, execution, or cover-up of the attacks.
                    (B) An assessment of the cooperation of the
                Transitional National Council and any successor
                government of Libya in ascertaining such information
                and in facilitating access to necessary persons and
                documents related to the bombing of Pan Am flight 103
                and other terrorist attacks attributable to the
                government of Muammar Qaddafi against United States
                citizens.
            (2) Form.--The report required under paragraph (1) shall be
        unclassified, but may contain a classified annex.
            (3) Sunset.--The reporting requirement under paragraph (1)
        shall terminate upon a certification by the President to
        Congress that the Transitional National Council or any
        successor government of Libya has made available all relevant
        information about the bombing of Pan Am Flight 103 and other
        terrorist attacks attributable to the government of Muammar
        Qaddafi against United States citizens.

Output:
Pan Am Flight 103 Accountability Act of 2011 - Directs the President to continue any federal investigative activities regarding the bombing of Pan Am flight 103 and any other terrorist attacks against U.S. citizens attributable to the government of Muammar Qaddafi.

Directs the President to: (1) urge the Transitional National Council (TNC) and any successor government of Libya to cooperate with such investigative activities, and (2) consider such cooperation when making decisions about U.S. assistance to the successor government.

Prohibits the President from distributing property confiscated from Muammar Qaddafi, his family, and the government of Libya to the TNC or any successor government of Libya until the President certifies to Congress that the TNC or successor government is cooperating with such investigative activities.

Exempts property distributions for humanitarian purposes from such restriction. Authorizes the President to waive such restriction if in the U.S. national interest.


Input:
SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES.

    (a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:

             ``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS

``9001. Adoption benefits.
``Sec. 9001. Adoption benefits
    ``(a) For the purpose of this section--
            ``(1) the term `agency' means--
                    ``(A) an Executive agency;
                    ``(B) an agency in the judicial branch; and
                    ``(C) an agency in the legislative branch (other
                than any included under subparagraph (A));
            ``(2) the term `employee' does not include any individual
        who, pursuant to the exercise of any authority under section
        8913(b), is excluded from participating in the health insurance
        program under chapter 89; and
            ``(3) the term `adoption expenses', as used with respect to
        a child, means any reasonable and necessary expenses directly
        relating to the adoption of such child, including--
                    ``(A) fees charged by an adoption agency;
                    ``(B) placement fees;
                    ``(C) legal fees;
                    ``(D) counseling fees;
                    ``(E) medical expenses, including those relating to
                obstetrical care for the biological mother, medical
                care for the child, and physical examinations for the
                adopting parent or parents;
                    ``(F) foster-care charges; and
                    ``(G) transportation expenses.
    ``(b) The head of each agency shall by regulation establish a
program under which any employee of such agency who adopts a child
shall be reimbursed for any adoption expenses incurred by such employee
in the adoption of such child.
    ``(c) Under the regulations, reimbursement may be provided only--
                    ``(1) after the adoption becomes final, as
                determined under the laws of the jurisdiction governing
                the adoption;
                    ``(2) if, at the time the adoption becomes final,
                the child is under 18 years of age and unmarried; and
                    ``(3) if appropriate written application is filed
                within such time, complete with such information, and
                otherwise in accordance with such procedures as may be
                required.
    ``(d)(1) Reimbursement for an employee under this section with
respect to any particular child--
            ``(A) shall be payable only if, or to the extent that,
        similar benefits paid (or payable) under one or more programs
        established under State law or another Federal statute have not
        met (or would not meet) the full amount of the adoption
        expenses incurred; and
            ``(B) may not exceed $2,000.
    ``(2)(A) In any case in which both adopting parents are employees
eligible for reimbursement under this section, each parent shall be
eligible for an amount determined in accordance with paragraph (1),
except as provided in subparagraph (B).
    ``(B) No amount shall be payable under this section if, or to the
extent that, payment of such amount would cause the sum of the total
amount payable to the adoptive parents under this section, and the
total amount paid (or payable) to them under any program or programs
referred to in paragraph (1)(A), to exceed the lesser of--
            ``(i) the total adoption expenses incurred; or
            ``(ii) $4,000.
    ``(3) The guidelines issued under subsection (g) shall include
provisions relating to interagency cooperation and other appropriate
measures to carry out this subsection.
    ``(e) Any amount payable under this section shall be paid from the
appropriation or fund used to pay the employee involved.
    ``(f) An application for reimbursement under this section may not
be denied based on the marital status of the individual applying.
    ``(g)(1) The Office of Personnel Management may issue any general
guidelines which the Office considers necessary to promote the uniform
administration of this section.
    ``(2) The regulations prescribed by the head of each Executive
agency under this section shall be consistent with any guidelines
issued under paragraph (1).
    ``(3) Upon the request of any agency, the Office may provide
consulting, technical, and any other similar assistance necessary to
carry out this section.''.
    (b) Conforming Amendments.--(1) The heading of subpart G of part
III of title 5, United States Code, is amended to read as follows:

    ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''.

    (2) The analysis for part III of title 5, United States Code, is
amended--
            (A) by striking the item relating to subpart G and
        inserting in lieu thereof the following:

  ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and

            (B) by adding after the item relating to chapter 89 the
        following:

``90. Miscellaneous Employee Benefits.......................    9001''.

SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES.

    Section 1005 of title 39, United States Code, is amended by adding
at the end the following:
    ``(g) Section 9001 of title 5 shall apply to the Postal Service.
Regulations prescribed by the Postal Service to carry out this
subsection shall be consistent with any guidelines issued under
subsection (g)(1) of such section.''.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect on October 1, 1993, and shall apply with
respect to any adoption which becomes final (determined in the manner
described in section 9001(c)(1) of title 5, United States Code, as
added by this Act) on or after that date.

Output:
Requires the head of each Federal agency (including the U.S. Postal Service) to establish a program under which agency employees shall, under certain circumstances,  be reimbursed for expenses incurred in the adoption of a child.
Prohibits the denial of a reimbursement from being based on the applicant's marital status.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Security Council
Sanctions Enforcement Act''.

SEC. 2. COUNTRIES VIOLATING UNITED NATIONS SANCTIONS.

    (a) Determination.--
            (1) Imposition of sanctions.--If the President determines
        that the government of any foreign country is materially
        violating United Nations sanctions, the President shall impose
        the sanctions described in subsection (b) with respect to that
        country so long as such violation continues, except as
        otherwise provided in subsection (c)(2) and subsection (d).
            (2) Publication of determination.--Any determination under
        this subsection shall be published in the Federal Register.
    (b) Sanctions.--The sanctions to be imposed with respect to a
country pursuant to subsection (a) are as follows:
            (1) Foreign assistance.--The United States Government shall
        terminate assistance to that country under the Foreign
        Assistance Act of 1961, except for assistance involving the
        provision of food and other humanitarian assistance.
            (2) Military assistance.--The United States Government
        shall terminate all foreign military financing for that country
        under the Arms Export Control Act.
            (3) Arms sales.--The United States Government shall
        terminate--
                    (A) sales to that country under the Arms Export
                Control Act of any defense article, defense service, or
                design and construction service, and
                    (B) licenses for the export to that country of any
                item on the United States Munitions List.
            (4) Multilateral assistance.--The United States Government
        shall oppose the extension by any international financial
        institution of any loan or other financial or technical
        assistance to that country, except for assistance directed
        specifically to programs which serve the basic human needs of
        the people of that country.
            (5) Financial assistance.--The United States Government
        shall deny to that country any credit, credit guarantee, or
        other financial assistance by any department, agency, or
        instrumentality of the Government, except that this paragraph
        does not apply to--
                    (A) food or other humanitarian assistance, or
                    (B) any transaction subject to the reporting
                requirements of title V of the National Security Act of
                1947 (relating to congressional oversight of
                intelligence activities).
            (6) Commercial credit.--The United States Government shall
        prohibit any United States depository institution (as defined
        in section 19(b) of the Federal Reserve Act) from making any
        loan or providing any credit to the government of that country,
        except for loans or credits for the purpose of purchasing food
        or other humanitarian items.
            (7) Exports.--The United States Government shall prohibit
        exports to that country of such goods and technology as the
        President may specify, except that--
                    (A) section 6(g) of the Export Administration Act
                of 1979 applies with respect to export controls
                pursuant to this paragraph, and
                    (B) any prohibition under this paragraph shall not
                apply with respect to any transaction subject to the
                reporting requirements of title V of the National
                Security Act of 1947 (relating to congressional
                oversight of intelligence activities).
            (8) Imports.--The United States Government shall prohibit
        the entry into the customs territory of the United States of
        such articles as the President may specify that are growth,
        product, or manufacture of that country.
    (c) Consultation With and Actions by Foreign Government.--
            (1) Consultations.--If the President makes a determination
        described in subsection (a) with respect to the government of a
        foreign country, the Congress urges the President to initiate
        consultations immediately with that government to encourage it
        to comply with the United Nations sanctions with respect to
        which that determination was made.
            (2) Actions by a foreign government.--In order to pursue
        such consultations, the President may delay imposition of
        sanctions pursuant to this section for up to 30 days. Following
        these consultations, the President shall impose sanctions
        unless the President determines and certifies to the Congress
        that that government has taken specific and effective actions
        to comply with the United Nations sanctions with respect to
        which the President made the determination under subsection
        (a). If the President determines and certifies to the Congress
        that that government is in the process of taking such actions,
        the President may delay the imposition of sanctions for up to
        an additional 30 days.
            (3) Report to congress.--Not later than 30 days after
        making a determination with respect to the government of a
        foreign country under subsection (a), the President shall
        submit to the Congress a report on the status of consultations
        pursuant to this subsection and on the basis for any
        determination under paragraph (2) of this subsection that such
        government has taken specific corrective actions.
    (d) Waiver.--A sanction which is required to be imposed against a
country under subsection (b) shall not apply if the President
determines and certifies to the Congress that the application of that
sanction against such country would have a serious adverse effect on
vital United States interests. The President shall transmit with such
certification a statement setting forth the specific reasons for the
President's determination.

SEC. 3. PERSONS VIOLATING UNITED NATIONS SANCTIONS.

    (a) Determination.--
            (1) Imposition of sanctions.--If the President determines
        that a person is materially violating United Nations sanctions,
        the President shall impose the sanctions described in
        subsection (c) on each sanctioned person for a period of 2
        years, except as otherwise provided in subsection (d)(2) and
        subsection (e).
            (2) Publication of determination.--Any determination under
        this subsection shall be published in the Federal Register.
    (b) Advisory Opinions.--Upon the request of any person, the
President may issue a written advisory opinion to that person as to
whether a proposed activity by that person would subject that person to
sanctions under this section. Any person who relies in good faith on
such an advisory opinion which states that the proposed activity would
not subject a person to such sanctions, and any person who thereafter
engages in such activity, shall not be made subject to such sanctions
solely on account of such activity.
    (c) Sanctions.--
            (1) In general.--The sanctions to be imposed pursuant to
        subsection (a) are as follows:
                    (A) The United States Government shall not procure,
                or enter into any contract for the procurement of, any
                goods or services from a sanctioned person.
                    (B) The United States Government shall not issue
                any license for any export by or to a sanctioned
                person.
                    (C) The United States Government shall prohibit the
                entry into the customs territory of the United States
                of all articles that are growth, product, or
                manufacture of a sanctioned person.
            (2) Exceptions.--The President shall not be required to
        apply or maintain sanctions under this section with respect to
        the following:
                    (A) Procurement or importation of defense articles
                or defense services--
                            (i) if the procurement or importation is
                        under an existing contract or subcontract,
                        including the exercise of options for
                        production quantities to satisfy requirements
                        essential to the national security of the
                        United States;
                            (ii) if the President determines that the
                        sanctioned person is a sole source supplier of
                        such articles or services, that such articles
                        or services are essential, and that alternative
                        sources are not readily or reasonably
                        available; or
                            (iii) if the President determines that such
                        articles or services are essential to the
                        national security under defense coproduction
                        agreements.
                    (B) Procurement or importation of spare parts or
                component parts (but not finished products) which are
                essential to United States products or production.
                    (C) Procurement of routine servicing and
                maintenance of products, to the extent that alternative
                sources are not readily or reasonably available.
                    (D) Procurement of, or importation of articles
                containing, information and technology essential to
                United States products or production.
                    (E) Procurement, exports, or imports of products or
                services provided under contracts entered into before
                the date on which the President's determination is
                published in the Federal Register pursuant to
                subsection (a)(2).
                    (F) Procurement, exports, or imports of food or
                other humanitarian items.
    (d) Consultation With and Actions by Foreign Government of
Jurisdiction.--
            (1) Consultations.--If the President makes a determination
        described in subsection (a) with respect to a foreign person,
        the Congress urges the President to initiate consultations
        immediately with the government with primary jurisdiction over
        that foreign person with respect to the imposition of sanctions
        pursuant to this section.
            (2) Actions by government of jurisdiction.--In order to
        pursue such consultations with that government, the President
        may delay imposition of sanctions pursuant to this section for
        up to 90 days. Following these consultations, the President
        shall impose sanctions unless the President determines and
        certifies to the Congress that that government has taken
        specific and effective actions, including appropriate
        penalties, to terminate the involvement of the foreign person
        in the violations described in subsection (a). If the President
        determines and certifies to the Congress that that government
        is in the process of taking such actions, the President may
        delay the imposition of sanctions for up to an additional 90
        days.
            (3) Report to congress.--Not later than 90 days after
        making a determination under subsection (a), the President
        shall submit to the Congress a report on the status of
        consultations with the appropriate government under this
        subsection and on the basis for any determination under
        paragraph (2) of this subsection that such government has taken
        specific corrective actions.
    (e) Waiver.--
            (1) Criterion for waiver.--After the end of the 12-month
        period beginning on the date on which a sanction is imposed on
        a sanctioned person under this section, the President may waive
        the application of that sanction with respect to that person if
        the President determines and certifies to the Congress that the
        continued imposition of that sanction with respect to that
        person would have a serious adverse effect on vital United
        States interests.
            (2) Notification of and report to congress.--If the
        President decides to exercise the waiver authority provided in
        paragraph (1), the President shall so notify the Congress not
        less than 30 days before the waiver takes effect. Such
        notification shall include a report fully articulating the
        rationale and circumstances which led the President to exercise
        the waiver authority.

SEC. 4. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Sanctioned person.--The term ``sanctioned person''
        means--
                    (A) the person with respect to which the President
                makes the determination described in section 3(a);
                    (B) any successor entity to that person;
                    (C) any person that is a parent or subsidiary of
                that person if that parent or subsidiary materially and
                with requisite knowledge assisted in the activities
                which were the basis of that determination; and
                    (D) any person that is an affiliate of that person
                if that affiliate materially and with requisite
                knowledge assisted in the activities which were the
                basis of that determination and if that affiliate is
                controlled in fact by that person.
            (2) United nations sanctions.--The term ``United Nations
        sanctions'' means measures that members of the United Nations
        have been called upon to apply by the United Nations Security
        Council, acting under article 41 of the Charter of the United
        Nations, in order to enforce decisions of the Security Council.
            (3) Violating united nations sanctions.--The term
        ``violating United Nations sanctions''--
                    (A) in the case of the government of a foreign
                country, means failing to apply measures called for by
                the United Nations Security Council; and
                    (B) in the case of person, means engaging in
                activities that are prohibited under United Nations
                sanctions, without regard to whether the foreign
                government with primary jurisdiction over those
                activities has applied the measures called for by the
                United Nations Security Council.

SEC. 5. EFFECTIVE DATE.

    This Act applies with respect to violations of United Nations
sanctions that occur on or after the date of enactment of this Act.

Output:
United Nations Security Council Sanctions Enforcement Act - Requires the President, if he determines that the government of any foreign country is materially violating United Nations sanctions, to: (1) terminate U.S. foreign assistance to the country, except for food or humanitarian assistance; (2) terminate foreign military financing, sales of defense articles or services, and issuance of licenses for exports of items on the United States Munitions List with respect to the country; (3) oppose international financial institution lending for the country, except assistance to serve basic human needs; (4) deny the country U.S. Government or commercial credit or other financial assistance, with exceptions; (5) prohibit exports of specified goods and technology to the country, with exceptions; and (6) prohibit imports of such country into the United States.
Authorizes the President to delay sanctions upon certification to the Congress that a country is taking actions to comply with United Nations sanctions.  Provides for waivers of sanctions if a sanction would have an adverse effect on U.S. interests.
Requires the President, if he determines that a person is materially violating United Nations sanctions, to prohibit:  (1) procurement of goods and services from such person; (2) the issuance of an export license by or to a sanctioned person; and (3) the entry into U.S. customs territory of articles that are the growth, product, or manufacture of a sanctioned person.  Exempts the procurement or importation of specified defense articles or services, spare or component parts, essential articles, or humanitarian items from sanctions.  Authorizes the President to delay or waive sanctions against a foreign person under the same conditions that apply to foreign countries.
Includes within the definition of a "sanctioned person" any successor entity to the person or any affiliate, parent, or subsidiary if they assisted in activities which were the basis of determination under this Act.