Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Childcare Accountability and
Responsibility Act of 2012'' or the ``CARE for Kids Act of 2012''.

SEC. 2. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.

    The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by inserting after section 658G the following
new section:

``SEC. 658H. REQUIREMENT OF A CRIMINAL BACKGROUND CHECK.

    ``(a) Criminal Background Check.--
            ``(1) Requirement of a criminal background check.--A State
        and national criminal background check for an individual who is
        a child care staff member, a family child care provider, or an
        adult who resides in the home of a family child care provider
        is required in any State that receives funds under this
        subchapter. The criminal background check of such individual
        shall include--
                    ``(A) a search of the National Sex Offender
                Registry established pursuant to the Adam Walsh Child
                Protection and Safety Act of 2006 (42 U.S.C. 16901 et
                seq.);
                    ``(B) a search of the National Crime Information
                Center;
                    ``(C) a search of the State criminal registry or
                repository in the State in which the individual resides
                and each State where such individual previously
                resided;
                    ``(D) a search of State-based abuse and neglect
                registries and databases, including the abuse and
                neglect registries and databases of each State where
                the individual previously resided; and
                    ``(E) a Federal Bureau of Investigation fingerprint
                check using the Integrated Automated Fingerprint
                Identification System.
            ``(2) Ineligibility.--A child care provider or family child
        care provider shall be ineligible for funds provided under this
        subchapter if a criminal background check of a child care staff
        member, a family child care provider, or an adult permitted to
        reside in such a family child care provider's private residence
        reveals an adult felony conviction for--
                    ``(A) child abuse or neglect;
                    ``(B) spousal abuse;
                    ``(C) a crime against children (including child
                pornography);
                    ``(D) a violent crime, including--
                            ``(i) physical assault or battery;
                            ``(ii) rape;
                            ``(iii) sexual assault; or
                            ``(iv) homicide; or
                    ``(E) distribution of, possession with intent to
                distribute, or importation of a controlled substance
                committed within 5 years prior to submission to a
                criminal background check.
            ``(3) Submittal of requests.--Subject to paragraph (4), a
        child care provider or a family child care provider shall
        submit a request for a State and national criminal background
        check to the appropriate State agency designated by the State--
                    ``(A) with respect to an individual who became a
                child care staff member or family child care provider,
                or an adult who began to reside in the private
                residence of such a provider, before the date of the
                enactment of the Child Care Accountability and
                Responsibility Act of 2012--
                            ``(i) not later than the date under
                        subsection (b) in which a State implements the
                        requirements of this section; and
                            ``(ii) during each 5-year period following
                        the first submission date under this
                        subparagraph for such staff member, family
                        provider, or adult; and
                    ``(B) with respect to an individual who is a
                prospective child care staff member or family child
                care provider, or an adult who begins to reside in the
                private residence of such a provider, on or after the
                date of the enactment of such Act--
                            ``(i) prior to the date the individual
                        becomes a child care staff member, a family
                        child care provider, or such adult begins to
                        reside in such residence; and
                            ``(ii) during each 5-year period following
                        the first submission date under this
                        subparagraph for such staff member, family
                        provider, or adult.
            ``(4) Limitation on requests.--Not more than 1 request for
        a State and national criminal background check under paragraph
        (3) is required for any child care staff member, family child
        care provider, or adult who resides in the private residence of
        such provider, for each 5-year period described in such
        paragraph.
            ``(5) Results.--
                    ``(A) In general.--Not later than 10 business days
                after the date on which a request under this section is
                made for a State and national criminal background check
                and is received by the appropriate State agency, such
                agency shall provide the results of the criminal
                background check to the individual or entity that made
                such a request.
                    ``(B) Copy of background check.--A State shall
                provide to a child care provider or an individual
                subject to a background check under this section, upon
                request, a copy of the criminal background check
                conducted pursuant to this section.
            ``(6) Accuracy of information.--A State shall reasonably
        attempt to insure that the information included in the
        background check conducted pursuant to this section is accurate
        and complete by--
                    ``(A) obtaining dispositions of arrests that
                occurred more than 1 year prior to the date that such
                background check was requested;
                    ``(B) correcting information included that it
                knows, or reasonably should know, is inaccurate;
                    ``(C) completing incomplete entries, if possible;
                and
                    ``(D) taking any other steps that would improve
                upon the accuracy or such information.
            ``(7) Appeals.--
                    ``(A) In general.--Not later than 30 days after
                receipt of the results of a criminal background check
                conducted pursuant to this section, a child care
                provider or an individual subject to a background check
                under this section may appeal such results to the
                appropriate State agency designated by the State.
                    ``(B) Final ruling by a state.--Not later than 30
                days after an appeal is made under subparagraph (A), a
                State shall--
                            ``(i) make a determination on the
                        eligibility or ineligibility of the individual;
                            ``(ii) provide the individual with specific
                        findings with respect to the appeal;
                            ``(iii) if possible, promptly make any
                        changes to the individual's criminal record, if
                        any information was inaccurate or incomplete;
                        and
                            ``(iv) report those changes to the
                        individual who requested such appeal.
            ``(8) Fees.--To defray the costs of carrying out the duties
        described in this subsection, a State may collect one fee per
        criminal background check from a child care provider or family
        child care provider in an amount not to exceed the actual costs
        to the State for the administration of all required criminal
        background checks, and such fee for all required criminal
        background checks may not exceed a total of $36.
    ``(b) State Compliance.--
            ``(1) Time limitation.--A State shall implement the
        requirements of this section not later than 3 years after the
        date of the enactment of the Childcare Accountability and
        Responsibility Act of 2012.
            ``(2) Extension of time.--The Secretary may grant an
        extension to the date described in paragraph (1), not longer
        than 2 years, to a State that makes a good faith effort to
        satisfy the requirements of this section.
    ``(c) Definitions.--In this section:
            ``(1) Adult.--The term `adult' means a person who has
        attained 18 years of age.
            ``(2) Child care provider.--The term `child care provider'
        means a center-based child care provider, a group home child
        care provider, or other provider of child care services for
        compensation and on a regular basis (other than a family child
        care provider) that--
                    ``(A) is not an individual who is related to all
                children for whom child care services are provided; and
                    ``(B) is licensed, regulated, or registered under
                State law or receives funds provided under this
                subchapter.
            ``(3) Child care staff member.--The term `child care staff
        member' means an individual that provides child care services
        for compensation and on a regular basis (other than an
        individual who is related to the child or children for whom
        services are provided), regardless of whether the services are
        provided for a child care provider or a family child care
        provider.
            ``(4) Family child care provider.--The term `family child
        care provider' means one individual who--
                    ``(A) provides child care services for fewer than
                24 hours per day, as the sole caregiver, in a private
                residence;
                    ``(B) is not an individual who is related to all
                children for whom child care services are provided; and
                    ``(C) is licensed, regulated, or registered under
                State law or receives funds provided under this
                subchapter.
    ``(d) Authorization of Appropriations To Conduct Criminal
Background Checks.--There are authorized to be appropriated such sums
as necessary to offset the administrative costs to conduct State and
national criminal background checks under this section.''.

Output:
Childcare Accountability and Responsibility Act of 2012 or the CARE for Kids Act of 2012 - Amends the Child Care and Development Block Grant Act of 1990 to require a national criminal background check for an individual who is a child care staff member, a family child care provider, or an adult who resides in the home of a family child care provider in any state that receives funds from the Child Care and Development Block Grant Program. Requires that such background check include: (1) a search of the national Sex Offender Registry, the National Crime Information Center, state criminal registries, and state-based abuse and neglect registries and databases; and (2) a Federal Bureau of Investigation (FBI) fingerprint check.

Makes a child care provider ineligible for Program funds if the criminal background check reveals an adult felony conviction of any such individual for: (1) child abuse or neglect; (2) spousal abuse; (3) a crime against children (including child pornography); (4) a violent crime; or (5) distribution, possession with intent to distribute, or importation of a controlled substance committed within the previous five years.

Allows: (1) a child care provider or an individual subject to a background check to appeal the results to the appropriate designated state agency, and (2) a state to collect a fee from providers for such background checks to defray costs.


Input:
SECTION 1. PETROLEUM PRODUCT PRICING.

    (a) Working Group.--The Secretary of Energy shall establish, and
serve as the Chair of, an interagency working group consisting of
representatives from the Federal Energy Regulatory Commission, the
Federal Trade Commission, and other appropriate Federal agencies.
    (b) Study.--The working group established under subsection (a)
shall conduct a study to--
            (1) identify the factors that affect the pricing of crude
        oil and refined petroleum products, including an examination of
        the effects of market speculation on prices; and
            (2) review and assess the roles, missions, and structures
        of relevant Federal agencies, examine interagency coordination,
        and identify and assess the gaps which need to be filled for
        the Federal Government to effectively oversee and regulate
        crude oil and refined petroleum product markets.
    (c) Elements of Study.--Such study shall include--
            (1) an examination of price formation with respect to crude
        oil and refined petroleum products;
            (2) an examination of the respective degree to which the
        regulation by national governments, or lack thereof, in
        international markets may allow or tolerate excessive
        speculation, market manipulation, or other abuses which impact
        crude oil or refined petroleum product prices; and
            (3) an examination of the degree to which changes in
        transparency, liquidity, and structure have influenced or
        driven abuse, manipulation, excessive speculation, or
        inefficient price formation.
    (d) Conduct of Study.--In conducting the study, the Secretary
shall--
            (1) utilize the expertise and resources of the Office of
        Fossil Energy, the Office of Policy and International Affairs,
        the Office of the General Counsel, and such other offices in
        the Department of Energy that have expertise bearing on the
        operation of and laws applying to crude oil and petroleum
        product markets;
            (2) designate one such office to serve as the Secretariat
        for the Task Force;
            (3) utilize the expertise and resources of the Energy
        Information Administration, particularly in validating
        statistical data that may be relevant; and
            (4) be authorized to procure by contract such private
        commercial expertise and resources as are required to complete
        the study in a complete, timely, and credible manner.
    (e) Information From Federal Agencies.--Each executive department,
bureau, commission, agency, board, office, independent establishment,
or instrumentality of the Federal Government shall make available to
the working group upon request any data, information, estimates,
statistics, and access to any employee necessary for the conduct of the
study under this section.
    (f) Public Hearings.--The Secretary of Energy shall provide for not
less than 3 public hearings at locations across the country to take
testimony, on the record, as part of the fact gathering process to
enable the working group to perform its functions under this section.
    (g) Consultation.--The working group shall consult with domestic
and international oil industry participants, the financial services and
futures industry, commodity exchanges, industry and financial
consultants, wholesale, retail, and consumer organizations, academic
and nonprofit organizations, and local, State, national, and
international governmental organizations.
    (h) Subpoena Power.--The Secretary of Energy shall have the power
to compel the production of records and testimony for the purposes of
the working group, and may exercise the powers of the Department of
Energy to secure information and data necessary to carry out the
requirements of this section.
    (i) Report and Recommendations.--
            (1) In general.--During the conduct of the study under this
        section, the Secretary of Energy shall provide to the Committee
        on Energy and Commerce of the House of Representatives and the
        Committee on Energy and Natural Resources of the Senate
        quarterly progress reports, and not later than 1 year after the
        date of enactment of this Act the Secretary shall transmit to
        such committees a report that--
                    (A) describes the results of the study; and
                    (B) provides options and the recommendations of the
                working group for appropriate Federal coordination of
                oversight and regulatory actions to ensure transparency
                of crude oil and refined petroleum product pricing and
                elimination of excessive speculation.
            (2) Immediate action.--If at any time during the course of
        the preparation of the study the Secretary of Energy determines
        that there is a basis for a policy recommendation to Congress
        to modify United States laws or regulatory authorities so as to
        protect United States energy consumers from the potential for
        abuse and manipulation by activities taking place in energy
        markets or exchanges, the Secretary shall make such
        recommendations immediately to the Committee on Energy and
        Commerce of the House of Representatives and the Committee on
        Energy and Natural Resources of the Senate.
    (j) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section--
            (1) $21,000,000 to the Secretary of Energy;
            (2) $1,000,000 to the Federal Energy Regulatory Commission;
            (3) $1,000,000 to the Federal Trade Commission; and
            (4) $2,000,000 to other Federal agencies participating in
        the interagency working group.

Output: Directs the Secretary of Energy to establish an interagency working group to study and report to specified congressional committees on: (1) factors that affect the pricing of crude oil and refined petroleum products; and (2) the roles, missions, and structures of relevant federal agencies, interagency coordination, and the gaps which need to be filled for the federal government to effectively oversee and regulate crude oil and refined petroleum product markets.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deficit Reduction Through Fair Oil
Royalties Act''.

SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

    (a) Definitions.--In this section:
            (1) Covered lease.--The term ``covered lease'' means a
        lease for oil or gas production in the Gulf of Mexico that is--
                    (A) in existence on the date of enactment of this
                Act;
                    (B) issued by the Secretary under section 304 of
                the Outer Continental Shelf Deep Water Royalty Relief
                Act (43 U.S.C. 1337 note; Public Law 104-58); and
                    (C) not subject to limitations on royalty relief
                based on market price that are equal to or less than
                the price thresholds described in clauses (v) through
                (vii) of section 8(a)(3)(C) of the Outer Continental
                Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
            (2) Lessee.--The term ``lessee'' includes any person or
        other entity that controls, is controlled by, or is in or under
        common control with, a lessee.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (b) Issuance of New Leases.--
            (1) In general.--The Secretary shall not issue any new
        lease that authorizes the production of oil or natural gas
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
        seq.) to a person described in paragraph (2) unless the person
        has renegotiated each covered lease with respect to which the
        person is a lessee, to modify the payment responsibilities of
        the person to require the payment of royalties if the price of
        oil and natural gas is greater than or equal to the price
        thresholds described in clauses (v) through (vii) of section
        8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
        1337(a)(3)(C)).
            (2) Persons described.--A person referred to in paragraph
        (1) is--
                    (A) a lessee that--
                            (i) holds a covered lease on the date on
                        which the Secretary considers the issuance of
                        the new lease; or
                            (ii) was issued a covered lease before the
                        date of enactment of this Act, but transferred
                        the covered lease to another person or entity
                        (including a subsidiary or affiliate of the
                        lessee) after the date of enactment of this
                        Act; or
                    (B) any other person that has any direct or
                indirect interest in, or that derives any benefit from,
                a covered lease.
            (3) Multiple lessees.--
                    (A) In general.--For purposes of paragraph (1), if
                there are multiple lessees that own a share of a
                covered lease, the Secretary may implement separate
                agreements with any lessee with a share of the covered
                lease that modifies the payment responsibilities with
                respect to the share of the lessee to include price
                thresholds that are equal to or less than the price
                thresholds described in clauses (v) through (vii) of
                section 8(a)(3)(C) of the Outer Continental Shelf Lands
                Act (43 U.S.C. 1337(a)(3)(C)).
                    (B) Treatment of share as covered lease.--Beginning
                on the effective date of an agreement under
                subparagraph (A), any share subject to the agreement
                shall not constitute a covered lease with respect to
                any lessees that entered into the agreement.
    (c) Transfers.--A lessee or any other person who has any direct or
indirect interest in, or who derives a benefit from, a lease shall not
be eligible to obtain by sale or other transfer (including through a
swap, spinoff, servicing, or other agreement) any covered lease, the
economic benefit of any covered lease, or any other lease for the
production of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee
or other person--
            (1) has renegotiated each covered lease with respect to
        which the lessee or person is a lessee, to modify the payment
        responsibilities of the lessee or person to include price
        thresholds that are equal to or less than the price thresholds
        described in clauses (v) through (vii) of section 8(a)(3)(C) of
        the Outer Continental Shelf Lands Act (43 U.S.C.
        1337(a)(3)(C)); or
            (2) has entered into an agreement with the Secretary to
        modify the terms of all covered leases of the lessee or other
        person to include limitations on royalty relief based on market
        prices that are equal to or less than the price thresholds
        described in clauses (v) through (vii) of section 8(a)(3)(C) of
        the Outer Continental Shelf Lands Act (43 U.S.C.
        1337(a)(3)(C)).
    (d) Use of Amounts for Deficit Reduction.--Notwithstanding any
other provision of law, any amounts received by the United States as
rentals or royalties under covered leases shall be deposited in the
Treasury and used for--
            (1) Federal budget deficit reduction; or
            (2) if there is no Federal budget deficit, reducing the
        Federal debt in such manner as the Secretary of the Treasury
        considers appropriate.

SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS.

    (a) In General.--The Secretary of the Interior shall agree to a
request by any lessee to amend any lease issued for any Central and
Western Gulf of Mexico tract during the period of January 1, 1996,
through November 28, 2000, to incorporate price thresholds applicable
to royalty suspension provisions, that are equal to or less than the
price thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
    (b) New or Revised Price Thresholds.--An amended lease under
subsection (a) shall impose the new or revised price thresholds
effective on October 1, 2015.
    (c) Existing Lease Provisions.--Lease provisions in effect on the
date of enactment of this Act shall prevail through September 30, 2015.

Output: Deficit Reduction Through Fair Oil Royalties Act This bill prohibits the Department of the Interior from issuing new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act unless they have been renegotiated to require royalty payments if the price of oil and natural gas is greater than or equal to specified price thresholds.  Rentals or royalties received by the United States under covered leases must be deposited in the Treasury and used for federal budget deficit reduction or, if there is no federal budget deficit, federal debt reduction. Interior must agree to a lessee's request to amend a lease to incorporate price thresholds applicable to royalty suspension requirements that are equal to or less than certain statutory price thresholds if the lease was issued for any Central and Western Gulf of Mexico tract on or after January 1, 1996, through November 28, 2000.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keeping Promises
to Taxpayers Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Repeal of employer health insurance mandate.
Sec. 3. Repeal of excise tax on high cost employer-sponsored health
                            coverage.
Sec. 4. Repeal of over-the-counter drug limitation.
Sec. 5. Repeal of increase in medical expense threshold.
Sec. 6. Repeal of limitation on health flexible spending arrangements
                            under cafeteria plans.
Sec. 7. Repeal of annual fee on health insurance providers.
Sec. 8. Repeal of annual fee on branded prescription pharmaceutical
                            manufacturers and importers.
Sec. 9. Repeal of excise tax on medical device manufacturers.
Sec. 10. Repeal of tax on indoor tanning services.
Sec. 11. Repeal of PCORTF and fees imposed on insured and self-insured
                            health plans.
Sec. 12. Repeal of increase in additional tax on non-qualified
                            distributions from HSAs and Archer MSAs.
Sec. 13. Repeal of tobacco product excise tax increase.

SEC. 2. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE.

    (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980H.
    (b) Repeal of Related Reporting Requirements.--Subpart D of part
III of subchapter A of chapter 61 of such Code is amended by striking
section 6056.
    (c) Conforming Amendments.--
            (1) Subparagraph (B) of section 6724(d)(1) of such Code is
        amended by striking clause (xxv), by inserting ``or'' at the
        end of clause (xxiii), by striking ``or'' and inserting ``and''
        at the end of clause (xxiv).
            (2) Paragraph (2) of section 6724(d) of such Code is
        amended by striking subparagraph (HH), by inserting ``or'' at
        the end of subparagraph (FF), and by striking ``or'' at the end
        of subparagraph (GG) and inserting a period.
            (3) The table of sections for chapter 43 of such Code is
        amended by striking the item relating to section 4980H.
            (4) The table of sections for subpart D of part III of
        subchapter A of chapter 61 of such Code is amended by striking
        the item relating to section 6056.
            (5) Section 1513 of the Patient Protection and Affordable
        Care Act is amended by striking subsection (c).
    (d) Effective Dates.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        months and other periods beginning after December 31, 2013.
            (2) Repeal of study and report.--The amendment made by
        subsection (c)(5) shall take effect on the date of the
        enactment of this Act.

SEC. 3. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH
              COVERAGE.

    (a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980I.
    (b) Clerical Amendment.--The table of sections for chapter 43 of
such Code is amended by striking the item relating to section 4980I.

SEC. 4. REPEAL OF OVER-THE-COUNTER DRUG LIMITATION.

    (a) HSAs.--Subparagraph (A) of section 223(d)(2) of the Internal
Revenue Code of 1986 is amended by striking the last sentence.
    (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such
Code is amended by striking the last sentence.
    (c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 105 of such Code is amended by striking
subsection (f).
    (d) Effective Dates.--
            (1) Distributions.--The amendments made by subsections (a)
        and (b) shall apply to amounts paid with respect to taxable
        years beginning after the date of the enactment of this Act.
            (2) Reimbursements.--The amendment made by subsection (c)
        shall apply to expenses incurred with respect to taxable years
        beginning after the date of the enactment of this Act.

SEC. 5. REPEAL OF INCREASE IN MEDICAL EXPENSE THRESHOLD.

    Section 9013 of the Patient Protection and Affordable Care Act, and
the amendments made thereby, are hereby repealed; and the Internal
Revenue Code of 1986 shall be applied and administered as if such
section and amendments had never been enacted.

SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS
              UNDER CAFETERIA PLANS.

    Section 125 of the Internal Revenue Code of 1986 is amended by
striking subsection (i) and by redesignating subsections (j) and (k) as
subsections (i) and (j), respectively.

SEC. 7. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.

    Section 9010 of the Patient Protection and Affordable Care Act is
hereby repealed.

SEC. 8. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION PHARMACEUTICAL
              MANUFACTURERS AND IMPORTERS.

    Effective for calendar years beginning after 2011, section 9008 of
the Patient Protection and Affordable Care is repealed.

SEC. 9. REPEAL OF EXCISE TAX ON MEDICAL DEVICE MANUFACTURERS.

    (a) In General.--Subchapter E of chapter 32 of the Internal Revenue
Code of 1986 is hereby repealed.
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 4221 of such Code is amended
        by striking the last sentence.
            (2) Paragraph (2) of section 6416(b) of such Code is
        amended by striking the last sentence.
            (3) The table of subchapters for chapter 32 of such Code is
        amended by striking the item relating to subchapter E.

SEC. 10. REPEAL OF TAX ON INDOOR TANNING SERVICES.

    (a) In General.--Chapter 49 of the Internal Revenue Code of 1986 is
hereby repealed.
    (b) Clerical Amendment.--The table of chapters for subtitle D of
such Code is amended by striking the item relating to chapter 49.
    (c) Effective Date.--The amendments made by this section shall
apply to services performed after the date of the enactment of this
Act.

SEC. 11. REPEAL OF PCORTF AND FEES IMPOSED ON INSURED AND SELF-INSURED
              HEALTH PLANS.

    (a) Trust Fund.--Section 9511 of the Internal Revenue Code of 1986
is hereby repealed.
    (b) Insured and Self-Insured Health Plans Fee.--Subchapter B of
chapter 34 of such Code is hereby repealed.
    (c) Clerical Amendments.--
            (1) The table of sections for subchapter A of chapter 98 of
        such Code is amended by striking the item relating to section
        9511.
            (2) The table of subchapters for chapter 34 of such Code is
        amended by striking the item relating to subchapter B.

SEC. 12. REPEAL OF INCREASE IN ADDITIONAL TAX ON NON-QUALIFIED
              DISTRIBUTIONS FROM HSAS AND ARCHER MSAS.

    (a) HSAs.--Subparagraph (A) of section 223(f)(4) of the Internal
Revenue Code of 1986 is amended by striking ``20 percent'' and
inserting ``10 percent''.
    (b) Archer MSAs.--Subparagraph (A) of section 220(f)(4) of such
Code is amended by striking ``20 percent'' and inserting ``10
percent''.
    (c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.

SEC. 13. REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE.

    (a) In General.--Each provision of the Internal Revenue Code of
1986 amended by section 701 of the Children's Health Insurance Program
Reauthorization Act of 2009 is amended as such provision would read if
such section had never been enacted.
    (b) Floor Stocks Refund.--
            (1) In general.--On tobacco products and cigarette papers
        and tubes manufactured in or imported into the United States
        which are removed on or before the date of the enactment of
        this Act, and held on such date for sale by any person, there
        shall be credited or refunded (without interest) to the person
        who paid such tax (hereafter in this subsection referred to as
        the ``taxpayer'') an amount equal to the excess of the tax paid
        by the taxpayer on the article over the amount of such tax
        which would be imposed on such article had the article been
        removed on the day after the date of the enactment of this Act.
            (2) Time for filing claims.--No credit or refund shall be
        allowed or made under this subsection unless claim therefor is
        filed with the Secretary of the Treasury before the date which
        is 6 months after the date of the enactment of this Act.
            (3) Definitions.--Any term used in this subsection which is
        also used in section 5702 of the Internal Revenue Code of 1986
        shall have the same meaning as such term has in such section.
            (4) Controlled groups.--Rules similar to the rules of
        section 5061(e)(3) of such Code shall apply for purposes of
        this subsection.
    (c) Effective Date.--The amendments made by this section shall
apply to articles removed (as defined in section 5702(j) of the
Internal Revenue Code of 1986) after the date of the enactment of this
Act.

Output: Keeping Promises to Taxpayers Act of 2012 - Amends the Internal Revenue Code and the Patient Protection and Affordable Care Act to repeal certain health care-related taxes and other provisions, including: (1) the requirement that certain employers provide their employees with health insurance coverage and report on such coverage, (2) the excise tax on excess benefits from employer-sponsored health care coverage, (3) the requirement that distributions from a health savings account be used to pay for prescription drugs and insulin only (thus allowing for payment of over-the-counter medications), (4) the increase (from 7.5% to 10%) in the income threshold for the medical expense tax deduction, (5) the $2,500 limitation on contributions to health flexible spending arrangements, (6) the annual fees required for businesses providing health insurance and manufacturers or importers of branded prescription drugs, (7) the Patient-Centered Outcomes Research Trust Fund, (8) the fee imposed on insured and self-insured health plans, (9) the excise taxes on medical device manufacturers and importers and on indoor tanning services, (10) the increase (from 10% to 20%) in the penalty for distributions from health savings accounts and Archer medical savings accounts not used for qualified medical expenses, and (11) the increase in the tobacco production excise tax.


Input:
SECTION 1. PARTICIPATION OF PRESIDENT, VICE PRESIDENT, MEMBERS OF
              CONGRESS, POLITICAL APPOINTEES, AND CONGRESSIONAL STAFF
              IN THE EXCHANGE.

    (a) In General.--Section 1312(d)(3)(D) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended to read
as follows:
                    ``(D) President, vice president, political
                appointees, members of congress, and congressional
                staff in the exchange.--
                            ``(i) In general.--Notwithstanding chapter
                        89 of title 5, United States Code, or any
                        provision of this title--
                                    ``(I) the President, the Vice
                                President, each political appointee,
                                each Member of Congress, and each
                                Congressional employee shall be treated
                                as a qualified individual entitled to
                                the right under this paragraph to
                                enroll in a qualified health plan in
                                the individual market offered through
                                an Exchange in the State in which the
                                individual resides; and
                                    ``(II) any employer contribution
                                under such chapter on behalf of the
                                President, the Vice President, any
                                political appointee, any Member of
                                Congress, and any Congressional
                                employee may be paid only to the issuer
                                of a qualified health plan in which the
                                individual enrolled through such
                                Exchange and not to the issuer of a
                                plan offered through the Federal
                                employees health benefit program under
                                such chapter.
                            ``(ii) Payments by federal government.--The
                        Secretary, in consultation with the Director of
                        the Office of Personnel Management, shall
                        establish procedures under which--
                                    ``(I) the employer contributions
                                under such chapter on behalf of the
                                President, the Vice President, each
                                political appointee, each Member of
                                Congress, and each Congressional
                                employee are determined and actuarially
                                adjusted for individual or family
                                coverage, rating areas, and age (in
                                accordance with clauses (i) through
                                (iii) of section 2701(a)(1)(A) of the
                                Public Health Service Act); and
                                    ``(II) the employer contributions
                                may be made directly to an Exchange for
                                payment to an issuer.
                            ``(iii) Political appointee.--In this
                        subparagraph, the term `political appointee'
                        means any individual who--
                                    ``(I) is employed in a position
                                described under sections 5312 through
                                5316 of title 5, United States Code,
                                (relating to the Executive Schedule);
                                    ``(II) is a limited term appointee,
                                limited emergency appointee, or
                                noncareer appointee in the Senior
                                Executive Service, as defined under
                                paragraphs (5), (6), and (7),
                                respectively, of section 3132(a) of
                                title 5, United States Code; or
                                    ``(III) is employed in a position
                                in the executive branch of the
                                Government of a confidential or policy-
                                determining character under schedule C
                                of subpart C of part 213 of title 5 of
                                the Code of Federal Regulations.
                            ``(iv) Congressional employee.--In this
                        subparagraph, the term `Congressional employee'
                        means an employee whose pay is disbursed by the
                        Secretary of the Senate or the Chief
                        Administrative Officer of the House of
                        Representatives.''.
    (b) Effective Date.--The amendment made by this section shall take
effect as if included in the Patient Protection and Affordable Care
Act.

Output: Amends the Patient Protection and Affordable Care Act (PPACA) to require any employer contribution made on behalf of  the President, Vice President,  or any political appointee to be paid only to the issuer of a plan through an American Health Benefit Exchange (a state health insurance exchange created under PPACA), and not through the federal employees health benefit program. (Currently, this requirement applies to Members of Congress and congressional staff.)


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Adoption Improvement Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Despite the dramatic increase in the number of
        adoptions out of foster care since the enactment of the
        Adoption and Safe Families Act of 1997 (Public Law 105-89; 111
        Stat. 2115), there are still 114,000 children in foster care
        with the goal of adoption. Of these, only 13 percent are
        currently living in a preadoptive home. At the same time, in a
        given year, 240,000 people in the United States will call for
        information about adopting a child from foster care.
        Ultimately, however, only a very small fraction of prospective
        parents interested in adopting children in foster care will end
        up doing so. As a result, thousands of needy children will
        remain in foster care and thousands of prospective parents will
        remain childless.
            (2) According to a recent study conducted by Harvard
        University and the Urban Institute in collaboration with the
        Evan B. Donaldson Adoption Institute, 78 percent of adults who
        call for information about becoming adoptive parents will not
        fill out an application or attend an orientation meeting. Only
        6 percent of those who call for information actually complete
        the adoption home study, a requirement for all prospective
        parents.
            (3) Research shows that prospective adoptive parents often
        face a number of barriers that discourage them from adopting
        children out of foster care, including difficulty in accessing
        the child welfare agency and unpleasant experiences during
        critical initial contacts with the child welfare agency, as
        well as ongoing frustration with the agency or aspects of the
        process. The 2 primary ways people learn about adoption from
        foster care are the media and word of mouth. Negative
        experiences with the adoption process have resounding effects
        as 1 parent's frustration is expressed to friends, families,
        and acquaintances.

SEC. 3. CHILD WELFARE AGENCY DEFINED.

    In this Act, the term ``child welfare agency'' means an entity of a
State, regional or local area, or Indian tribe, that has primary
responsibility in such a State, regional or local area, or Indian tribe
for the facilitation of adoptions from the child welfare system.

SEC. 4. GRANT PROGRAM AUTHORIZED.

    The Secretary of Health and Human Services (referred to in this Act
as the ``Secretary'') shall carry out, in accordance with the
provisions of this Act, a pilot program of making not less than 10
grants to child welfare agencies that is designed to effect long-range
improvements in the adoption process by increasing prospective adoptive
parent access to adoption information and strengthening such agencies
responsiveness to prospective adoptive parents.

SEC. 5. APPLICATION.

    A child welfare agency that desires to receive a grant under this
Act shall submit an application at such time, in such manner, and
accompanied by such information as the Secretary may require.

SEC. 6. SELECTION OF GRANT RECIPIENTS.

    (a) In General.--In awarding grants under this Act, the Secretary
shall--
            (1) select grant recipients on the basis of criteria
        included in regulations promulgated by the Secretary; and
            (2) take into consideration--
                    (A) the quality of the application;
                    (B) the demonstrated commitment of the applicant to
                achieving the goals of the pilot program carried out
                under this Act; and
                    (C) the geographic diversity of the applicant.
    (b) Criteria.--In establishing criteria under subsection (a)(1),
the Secretary shall include the requirement that for a child welfare
agency to be eligible to receive a grant under this Act, such agency
shall comply with each of the following:
            (1) The child welfare agency includes the active
        involvement of independent, legitimate, marketing and research
        firms in the design and implementation of the program that will
        be funded with a grant under this Act, in order to incorporate
        business and consumer product marketing techniques in the
        recruitment, training, and retention of adoptive parents. The
        involvement of academic institutions or nonprofit research
        institutions in the process and follow-up design may also be
        included.
            (2) The child welfare agency intends to improve the first
        contact between prospective adoptive parents and the agency
        through the following:
                    (A) The establishment of a specialized adoption
                hotline for tracking incoming calls to better
                understand the adoptive parent attrition rate.
                    (B) The hiring of employees with a background in
                counseling and providing specialized adoption training
                so such employees answer callers' requests efficiently.
                Training shall emphasize the importance of customer
                service in addition to traditional counseling skills,
                address the particular needs of workers and
                supervisors, and stress the importance of reducing
                staff turnover.
                    (C) The establishment of a process to solicit and
                incorporate feedback from all prospective parents,
                including those who exit the process early on, in
                designing and improving the adoption process.
            (3) The child welfare agency--
                    (A) will promote recruitment at the start of the
                process by providing prospective parents with clear,
                written guidelines about qualifications and grounds for
                being screened out; and
                    (B) will ensure that all staff are trained in
                skills needed to engage a prospective parent in the
                adoption process and, when possible, will separate the
                recruitment and screening processes.
            (4) The child welfare agency coordinates all adoption
        sources to afford prospective parents immediate access to all
        children available for adoption.
            (5) The child welfare agency offers an explicit explanation
        of the adoption process for all prospective families that
        includes the roles that various workers play, relationships
        among the different agencies, and the information necessary to
        navigate through the process. This information shall include
        the reasoning behind standard adoption procedures, such as home
        studies, criminal background checks, and psychological and
        health evaluations.
            (6) The child welfare agency shall provide clear
        information about the matching process, including expected
        timeline, to prospective parents.
            (7) The child welfare agency shall provide a clear overview
        of the adoption process for all prospective families,
        including--
                    (A) the rewards and challenges of the process;
                    (B) the availability of and the process of
                accessing adoption assistance;
                    (C) the legal process of adoption; and
                    (D) the availability of post-permanency services.
            (8) The child welfare agency shall make every effort to
        involve successful adoptive parents in aspects of the adoption
        process, including designing recruitment strategies, training,
        and matching.
            (9) The child welfare agency shall establish an adoption
        advisory committee for strengthening procedures for matching
        waiting children with adoptive parents. The committee shall be
        composed of adoption professionals, successful adoptive
        parents, and others with expertise in assessing a child's
        adoption needs for the purpose of improving the matching
        process.
            (10) The child welfare agency shall develop a mentoring
        system linking prospective and established adoptive parents.
            (11) The child welfare agency agrees to comply with the
        evaluation procedures set forth by the agencies and research
        entity described in section 8.

SEC. 7. USE OF FUNDS.

    A child welfare agency that receives a grant under this Act shall
use the grant funds only for activities that--
            (1) decrease the adoptive parent attrition rate, as
        described in section 6; or
            (2) build upon existing practices that have demonstrated
        effectiveness in improving the adoption process.

SEC. 8. STUDY.

    (a) In General.--In order to provide rigorous research utilizing
appropriate, scientifically-based research standards, the Secretary
shall carry out, through grant or contract, research into the successes
and challenges of the programs established through the grants
authorized in this Act. Such research shall--
            (1) employ a standardized data collection tool in order to
        maximize the synthesis of data across disparate programs;
            (2) assess the success with which participating agencies
        implement the program components outlined in section 6(b);
            (3) assess the impact, if any, of each program on--
                    (A) the retention and attrition of prospective
                adoptive parents throughout the adoption process;
                    (B) the professionalization of child welfare
                professionals responding to adoption inquiries;
                    (C) the number of completed adoptions from foster
                care; and
                    (D) the maintenance of completed adoptions,
                including the impact, if any, of the program on
                families' use of post-adoption services;
            (4) synthesize the successes and challenges of each
        participating child welfare agency and make recommendations for
        an overall model of best practice; and
            (5) offer recommendations regarding improvements to the
        grant program.
    (b) Use of Expert Entity.--The Secretary shall carry out the
research described in this section through an entity, including a
Federal agency, that has expertise in carrying out research studies
relating to adoption, foster care, and child welfare issues, such as
child welfare service provision and the adoption of children from
foster care.
    (c) Consultation.--In conducting the research described in this
section, the expert entity described in subsection (b) shall consult
with--
            (1) researchers who are experts in studying child welfare
        services, particularly those focusing on best practices
        regarding the adoption of children from foster care;
            (2) child welfare administrators and staff responsible for
        facilitating the adoption of children from foster care;
            (3) representatives from national child welfare
        organizations promoting the adoption of children from foster
        care; and
            (4) parents who have adopted children from foster care.
    (d) Report to Congress.--Not later than 2 years after the
dissemination of funds under this Act, the expert entity described in
subsection (b) shall submit a report to the Secretary containing the
results of the research described in this section. The report shall
also--
            (1) be submitted to the Committee on Education and Labor of
        the House of Representatives and the Committee on Health,
        Education, Labor, and Pensions of the Senate; and
            (2) be made publicly available.

SEC. 9. NATIONWIDE REVIEW.

    The Secretary shall include in the national annual review of child
welfare agencies of the Secretary an examination of each State's
progress regarding accessibility and responsiveness of child welfare
agencies to prospective adoptive parents.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$50,000,000.

Output:
Adoption Improvement Act of 2007 - Directs the Secretary of Health and Human Services to carry out a pilot program of grants to child welfare agencies to effect long-range improvements in the adoption process by increasing prospective adoptive parent access to adoption information and strengthening agency responsiveness to prospective adoptive parents.

Requires the Secretary also to: (1) research, through grant or contract, the successes and challenges of the programs established under the pilot program grants; and (2) include in the national annual review of child welfare agencies an examination of each state's progress regarding adoption information accessibility and agency responsiveness to prospective adoptive parents.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Master Sergeant Roddie Edmonds
Congressional Gold Medal Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Rodrick W. Edmonds (in this Act referred to as ``Roddie
        Edmonds'' or ``Edmonds'') was born in 1919 in South Knoxville,
        Tennessee, and graduated from Knoxville High School in 1938.
            (2) Roddie Edmonds was a Master Sergeant in the United
        States Army and a member of the 422nd Infantry Regiment while
        serving during World War II.
            (3) Roddie Edmonds landed in Europe in 1944 and fought to
        the border between Belgium and Germany. In December of 1944,
        while fighting in the Battle of the Bulge, Edmonds was captured
        by Nazi forces and detained in Stalag IX-A, a prisoner of war
        camp in Ziegenhain, Germany.
            (4) Stalag IX-A was a site used to identify, segregate, and
        remove Jewish soldiers from the general population of prisoners
        of war and many of the Jewish soldiers who were so removed were
        sent to labor camps or murdered. Members of the Armed Forces
        were warned of this policy and aware that their fellow
        servicemen could be at risk.
            (5) As the senior noncommissioned officer in Stalag IX-A,
        Master Sergeant Edmonds was responsible for 1,275 members of
        the Armed Forces at the camp. Approximately 1 month after the
        date on which Edmonds was detained, Edmonds was directed to
        order the Jewish-American soldiers under his command to fall
        out in order to separate the Jewish-American soldiers from
        their fellow prisoners.
            (6) Disregarding the orders of the Nazis, Roddie Edmonds
        commanded all of his men to fall out and, the following
        morning, all of the 1,275 members of the Armed Forces under the
        command of Edmonds stood outside of their prison barracks.
            (7) Upon seeing the soldiers, a German officer angrily
        shouted, ``They cannot all be Jews!'', to which Edmonds
        replied, ``We are all Jews here''.
            (8) The German officer took out his pistol and pointed the
        gun at the head of Edmonds, but Edmonds refused to identify the
        Jewish soldiers. Instead, Edmonds responded, ``According to the
        Geneva Convention, we only have to give our name, rank, and
        serial number. If you shoot me, you will have to shoot all of
        us and, after the war, you will be tried for war crimes''.
            (9) The German officer turned away from Edmonds and the
        other soldiers and left the scene. The actions taken by Edmonds
        saved the lives of approximately 200 Jewish-American members of
        the Armed Forces.
            (10) Lester Tanner, a Jewish-American member of the Armed
        Forces also captured during the Battle of the Bulge, witnessed
        the incident and stated that, ``There was no question in my
        mind, or that of Master Sergeant Edmonds, that the Germans were
        removing the Jewish prisoners from the general population at
        great risk to their survival. The U.S. Army's standing command
        to its ranking officers in POW camps is that you resist the
        enemy and care for the safety of your men to the greatest
        extent possible. Master Sergeant Edmonds, at the risk of his
        immediate death, defied the Germans with the unexpected
        consequences that the Jewish prisoners were saved''.
            (11) Edmonds survived 100 days in captivity and returned
        home after the war. Later, Edmonds served the United States in
        Korea as a member of the National Guard. Edmonds died in 1985,
        but never told his family or anyone else of his brave actions
        outside the barracks of Stalag IX-A during World War II.
            (12) Edmonds was posthumously recognized by Yad Vashem, the
        World Holocaust Remembrance Center in Jerusalem, as ``Righteous
        Among the Nations'', the first member of the Armed Forces and 1
        of only 5 people of the United States to be so recognized.
        Avner Shalev, Chairman of Yad Vashem, announced the selection
        of Edmonds by saying, ``Master Sergeant Roddie Edmonds seemed
        like an ordinary American soldier, but he had an extraordinary
        sense of responsibility and dedication to his fellow human
        beings. . . . The choices and actions of Master Sergeant
        Edmonds set an example for his fellow American soldiers as they
        stood united against the barbaric evil of the Nazis''.

SEC. 3. CONGRESSIONAL GOLD MEDAL.

    (a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the posthumous award, on behalf of Congress, of a gold
medal of appropriate design to Roddie Edmonds in recognition of his
achievements and heroic actions during World War II.
    (b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
    (c) Presentation and Award of Medal.--The gold medal referred to in
subsection (a) shall be presented, and following the presentation
awarded, to the next of kin of Roddie Edmonds.

SEC. 4. DUPLICATE MEDALS.

    The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.

SEC. 5. STATUS OF MEDALS.

    (a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
    (b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.

Output: Master Sergeant Roddie Edmonds Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Roddie Edmonds in recognition of his achievements and heroic actions during World War II.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Criminal Background
Check Act of 2000''.

SEC. 2. NURSING HOME CRIMINAL BACKGROUND CHECK.

    (a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 69 the following new chapter:

          ``CHAPTER 70--NURSING HOME CRIMINAL BACKGROUND CHECK

``Sec.
``1441. Prohibition of employment of convicted felons in nursing homes.
``1442. Notification of background check requirement.
``1443. Criminal background check requirement.
``1444. Statement for criminal background check.
``1445. Criminal background check process.
``1446. Definitions.
``Sec. 1441. Prohibition of employment of convicted felons in nursing
              homes
    ``Whoever, being a nursing facility, knowingly employs a person who
has not passed the criminal background check required by this chapter
in connection with that employment shall be fined not more than $5,000.
``Sec. 1442. Notification of background check requirement
    ``Not later than 180 days after the date of enactment of the
Nursing Home Criminal Background Check Act of 2000, the Attorney
General, in consultation with the Secretary of Health and Human
Services, shall notify nursing facilities of the requirements of this
chapter.
``Sec. 1443. Criminal background check requirement
    ``Not later than 180 days after receiving the notice described in
section 1442, each nursing facility shall adopt and enforce a
requirement that each applicant to that facility for employment, make a
statement under section 1444.
``Sec. 1444. Statement for criminal background check
    ``The statement required under section 1443 shall be in writing and
contain--
            ``(1) the name, address, and date of birth appearing on a
        valid identification document (as defined in section 1028(d)(2)
        of this title) of applicant, a description of the
        identification document used, and the applicant's Social
        Security number;
            ``(2) a statement that such applicant has never been
        convicted of a crime of violence or a crime involving illegal
        activity relating to controlled substances (as that term is
        defined in the Controlled Substances Act); and
            ``(3) the date the statement is made.
``Sec. 1445. Criminal background check process
    ``(a) The nursing facility shall transmit to the Attorney General
each statement from an applicant that the facility receives under
section 1444.
    ``(b)(1) The Attorney General, using information available to the
Department of Justice, shall promptly determine whether the applicant
has ever been convicted of a crime of violence or a crime involving
illegal activity relating to controlled substances (as that term is
defined in the Controlled Substances Act). If so, the Attorney General
shall, not later than 5 business days after the receipt of the
statement, inform the nursing facility that the applicant did not pass
the background check. If after 5 business days the nursing facility has
not been informed by the Attorney General that the applicant has been
so convicted, the applicant shall be deemed to have passed the
background check.
    ``(2) In no case shall the nursing facility or the applicant be
charged a fee in connection with the background check process.
    ``(3) It is a complete defense to any cause of action against a
nursing facility or any of its agents based on a failure or refusal to
hire the applicant that the applicant did not pass the check.
``Sec. 1446. Definitions
    ``In this chapter.--
            ``(1) the term `nursing facility' means--
                    ``(A) any `nursing facility' as that term is
                defined under section 1919(a) of title XIX of the
                Social Security Act (42 U.S.C. 1396r(a)); and
                    ``(B) any `skilled nursing facility' as that term
                is defined under section 1818(a) of title XVIII of the
                Social Security Act (42 U.S.C. 1395i-3(a)); and
            ``(2) the term `applicant' does not include a person
        seeking to enter into contract employment or employment as a
        licensed professional such as a doctor or nurse.''.
    (b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 69 the following new item:

``70. Nursing Home Criminal Background Check................    1441''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Medicaid.--Section 1919 of title XIX of the Social Security Act
(42 U.S.C. 1396r) is amended by adding at the end the following:
    ``(j) Nursing Home Criminal Background Check.--A nursing facility
administrator shall meet the nursing home background check requirements
of chapter 70 of title 18, United States Code.''.
    (b) Medicare.--Section 1819 of title XVIII of the Social Security
Act (42 U.S.C. 1395i-3) is amended by adding at the end the following:
    ``(j) Nursing Home Criminal Background Check.--A skilled nursing
facility administrator shall meet the nursing home background check
requirements of chapter 70 of title 18, United States Code.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 3 years after the date of the enactment of this Act,
the Attorney General shall conduct a study of the effects of background
checks in nursing home settings, and report to Congress--
            (1) the success of conducting background checks on nursing
        home employees;
            (2) the impact of background checks on patient care;
            (3) the need to conduct background checks in other settings
        outside nursing facilities; and
            (4) methods to further improve the background check system
        and the costs of such improvements.

Output:
Requires: (1) the Attorney General to notify nursing facilities of the requirements of this Act; (2) each nursing facility to require each applicant for employment to make a statement in writing containing the applicant's name, address, and date of birth appearing on a valid identification document, a description of the identification document used, the applicant's Social Security number, and a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances; (3) the nursing facility to transmit each applicant statement to the Attorney General; and (4) the Attorney General to determine whether the applicant has ever been convicted of such a crime and, if so, to inform the nursing facility that the applicant did not pass the background check. Specifies that if after a specified period the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check.
Provides that: (1) in no case shall the nursing facility or the applicant be charged a fee in connection with the background check process; and (2) it is a complete defense to any cause of action against a nursing facility based on a failure or refusal to hire the applicant that the applicant did not pass the check.
(Sec. 3) Amends title XIX of the Social Security Act (Medicaid) and title XVIII of such Act (Medicare) to require a nursing facility administrator to meet the requirements of this Act.
Requires the Attorney General to study and report to Congress on the effects of background checks in nursing home settings.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Reserve Board Retirement
Portability Act''.

SEC. 2. PORTABILITY OF SERVICE CREDIT.

    (a) Creditable Service.--
            (1) In general.--Section 8411(b) of title 5, United States
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph
                (3);
                    (B) in paragraph (4)--
                            (i) by striking ``of the preceding
                        provisions'' and inserting ``other paragraph'';
                        and
                            (ii) by striking the period at the end and
                        inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) a period of service (other than any service under any
        other paragraph of this subsection, any military service, and
        any service performed in the employ of a Federal Reserve Bank)
        that was creditable under the Bank Plan (as defined in
        subsection (i)), if the employee waives credit for such service
        under the Bank Plan and makes a payment to the Fund equal to
        the amount that would have been deducted from pay under section
        8422(a) had the employee been subject to this chapter during
        such period of service (together with interest on such amount
        computed under paragraphs (2) and (3) of section 8334(e)).
Paragraph (5) shall not apply in the case of any employee as to whom
subsection (g) (or, to the extent subchapter III of chapter 83 is
involved, section 8332(n)) otherwise applies.''.
            (2) Bank plan defined.--Section 8411 of title 5, United
        States Code, is amended by adding at the end the following:
    ``(i) For purposes of subsection (b)(5), the term `Bank Plan' means
the benefit structure in which employees of the Board of Governors of
the Federal Reserve System appointed on or after January 1, 1984,
participate, which benefit structure is a component of the Retirement
Plan for Employees of the Federal Reserve System, established under
section 10 of the Federal Reserve Act (and any redesignated or
successor version of such benefit structure, if so identified in
writing by the Board of Governors of the Federal Reserve System for
purposes of this chapter).''.
    (b) Exclusion From Chapter 84.--
            (1) In general.--Paragraph (2) of section 8402(b) of title
        5, United States Code, is amended by striking the matter before
        subparagraph (B) and inserting the following:
            ``(2)(A) any employee or Member who has separated from the
        service after--
                            ``(i) having been subject to--
                                    ``(I) subchapter III of chapter 83
                                of this title;
                                    ``(II) subchapter I of chapter 8 of
                                title I of the Foreign Service Act of
                                1980; or
                                    ``(III) the benefit structure for
                                employees of the Board of Governors of
                                the Federal Reserve System appointed
                                before January 1, 1984, that is a
                                component of the Retirement Plan for
                                Employees of the Federal Reserve
                                System, established under section 10 of
                                the Federal Reserve Act; and
                            ``(ii) having completed--
                                    ``(I) at least 5 years of civilian
                                service creditable under subchapter III
                                of chapter 83 of this title;
                                    ``(II) at least 5 years of civilian
                                service creditable under subchapter I
                                of chapter 8 of title I of the Foreign
                                Service Act of 1980; or
                                    ``(III) at least 5 years of
                                civilian service (other than any
                                service performed in the employ of a
                                Federal Reserve Bank) creditable under
                                the benefit structure for employees of
                                the Board of Governors of the Federal
                                Reserve System appointed before January
                                1, 1984, that is a component of the
                                Retirement Plan for Employees of the
                                Federal Reserve System, established
                                under section 10 of the Federal Reserve
                                Act,
                        determined without regard to any deposit or
                        redeposit requirement under either such
                        subchapter or under such benefit structure, or
                        any requirement that the individual become
                        subject to either such subchapter or to such
                        benefit structure after performing the service
                        involved; or''.
            (2) Exception.--Subsection (d) of section 8402 of title 5,
        United States Code, is amended to read as follows:
    ``(d) Paragraph (2) of subsection (b) shall not apply to an
individual who--
            ``(1) becomes subject to--
                    ``(A) subchapter II of chapter 8 of title I of the
                Foreign Service Act of 1980 (relating to the Foreign
                Service Pension System) pursuant to an election; or
                    ``(B) the benefit structure in which employees of
                the Board of Governors of the Federal Reserve System
                appointed on or after January 1, 1984, participate,
                which benefit structure is a component of the
                Retirement Plan for Employees of the Federal Reserve
                System, established under section 10 of the Federal
                Reserve Act (and any redesignated or successor version
                of such benefit structure, if so identified in writing
                by the Board of Governors of the Federal Reserve System
                for purposes of this chapter); and
            ``(2) subsequently enters a position in which, but for
        paragraph (2) of subsection (b), such individual would be
        subject to this chapter.''.
    (c) Provisions Relating to Certain Former Employees.--A former
employee of the Board of Governors of the Federal Reserve System who--
            (1) has at least 5 years of civilian service (other than
        any service performed in the employ of a Federal Reserve Bank)
        creditable under the benefit structure for employees of the
        Board of Governors of the Federal Reserve System appointed
        before January 1, 1984, that is a component of the Retirement
        Plan for Employees of the Federal Reserve System, established
        under section 10 of the Federal Reserve Act;
            (2) was subsequently employed subject to the benefit
        structure in which employees of the Board of Governors of the
        Federal Reserve System appointed on or after January 1, 1984,
        participate, which benefit structure is a component of the
        Retirement Plan for Employees of the Federal Reserve System,
        established under section 10 of the Federal Reserve Act (and
        any redesignated or successor version of such benefit
        structure, if so identified in writing by the Board of
        Governors of the Federal Reserve System for purposes of chapter
        84 of title 5, United States Code); and
            (3) after service described in paragraph (2), becomes
        subject to and thereafter entitled to benefits under chapter 84
        of title 5, United States Code,
shall, for purposes of section 302 of the Federal Employees' Retirement
System Act of 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be considered to
have become subject to chapter 84 of title 5, United States Code,
pursuant to an election under section 301 of such Act.
    (d) Effective Date.--
            (1) In general.--Subject to succeeding provisions of this
        subsection, this section and the amendments made by this
        section shall take effect on the date of enactment of this Act.
            (2) Provisions relating to creditability and certain former
        employees.--The amendments made by subsection (a) and the
        provisions of subsection (c) shall apply only to individuals
        who separate from service subject to chapter 84 of title 5,
        United States Code, on or after the date of enactment of this
        Act.
            (3) Provisions relating to exclusion from chapter.--The
        amendments made by subsection (b) shall not apply to any former
        employee of the Board of Governors of the Federal Reserve
        System who, subsequent to his or her last period of service as
        an employee of the Board of Governors of the Federal Reserve
        System and prior to the date of enactment of this Act, became
        subject to subchapter III of chapter 83 or chapter 84 of title
        5, United States Code, under the law in effect at the time of
        the individual's appointment.

SEC. 3. CERTAIN TRANSFERS TO BE TREATED AS A SEPARATION FROM SERVICE
              FOR PURPOSES OF THE THRIFT SAVINGS PLAN.

    (a) Amendments to Chapter 84 of Title 5, United States Code.--
            (1) In general.--Subchapter III of chapter 84 of title 5,
        United States Code, is amended by inserting before section 8432
        the following:
``Sec. 8431. Certain transfers to be treated as a separation
    ``(a) For purposes of this subchapter, separation from Government
employment includes a transfer from a position that is subject to one
of the retirement systems described in subsection (b) to a position
that is not subject to any of them.
    ``(b) The retirement systems described in this subsection are--
            ``(1) the retirement system under this chapter;
            ``(2) the retirement system under subchapter III of chapter
        83; and
            ``(3) any other retirement system under which individuals
        may contribute to the Thrift Savings Fund through withholdings
        from pay.''.
            (2) Clerical amendment.--The table of sections for chapter
        84 of title 5, United States Code, is amended by inserting
        before the item relating to section 8432 the following:

``8431. Certain transfers to be treated as a separation.''.
    (b) Conforming Amendments.--Subsection (b) of section 8351 of title
5, United States Code, is amended by redesignating paragraph (11) as
paragraph (8), and by adding at the end the following:
            ``(9) For the purpose of this section, separation from
        Government employment includes a transfer described in section
        8431.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to transfers occurring before, on, or after the date
of enactment of this Act, except that, for purposes of applying such
amendments with respect to any transfer occurring before such date of
enactment, the date of such transfer shall be considered to be the date
of enactment of this Act. The Executive Director (within the meaning of
section 8401(13) of title 5, United States Code) may prescribe any
regulations necessary to carry out this subsection.

SEC. 4. CLARIFYING AMENDMENTS.

    (a) In General.--Subsection (f) of section 3304 of title 5, United
States Code, as added by section 2 of Public Law 105-339, is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraphs (2) and (3) as paragraphs
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1) the following:
    ``(2) If selected, a preference eligible or veteran described in
paragraph (1) shall acquire competitive status and shall receive a
career or career-conditional appointment, as appropriate.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on October 31, 1998.

            Passed the House of Representatives March 16, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Federal Reserve Board Retirement Portability Act - Includes as creditable service of a Federal employee or Member of Congress for purposes of Federal Employees Retirement System (FERS) provisions a period of service (other than any service already creditable under FERS, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate), if the employee waives credit for such service under the Bank Plan and makes a payment to the Thrift Savings Fund equal to the amount that would have been deducted from pay had the employee been subject to FERS during such period of service (together with interest on such amount computed).
Excludes from participation in FERS any employee or Member who has separated from civilian service after having been subject to the benefit structure for employees of the Board appointed before January 1, 1984, and having at least five years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under such benefit structure, except for such persons who subsequently enter a position subject to FERS provisions.
Makes the amendments regarding creditability and certain former Board employees applicable only to individuals who separate from service subject to FERS on or after the date of enactment of this Act.
(Sec. 3) Treats as a separation from Government employment, for purposes of the Thrift Savings Plan, any transfer from a position that is subject to FERS, CSRS, or any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay, to a position that is not subject to any of them.
(Sec. 4) Amends competitive service examination provisions to: (1) repeal the requirement that the Office of Personnel Management establish an appointing authority to appoint preference eligibles and veterans who have been separated from the armed forces under honorable conditions after three or more years of active service; and (2) require such a preference eligible or veteran, if selected, to acquire competitive status and receive a career or career-conditional appointment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Location Privacy Protection Act of
2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Location-based services and applications allow
        customers to receive services based on their geographic
        location, position, or known presence. Telematics devices, for
        instance, permit subscribers in vehicles to obtain emergency
        road assistance, driving directions, or other information with
        the push of a button. Other devices, such as those with
        Internet access, support position commerce in which
        notification of points of interest or promotions can be
        provided to customers based on their known presence or
        geographic location.
            (2) There is a substantial Federal interest in safeguarding
        the privacy right of customers of location-based services or
        applications to control the collection, use, retention of,
        disclosure of, and access to their location information.
        Location information is nonpublic information that can be
        misused to commit fraud, to harass consumers with unwanted
        messages, to draw embarrassing or inaccurate inferences about
        them, or to discriminate against them. Improper disclosure of
        or access to location information could also place a person in
        physical danger. For example, location information could be
        misused by stalkers or by domestic abusers.
            (3) The collection or retention of unnecessary location
        information magnifies the risk of its misuse or improper
        disclosure.
            (4) Congress has recognized the right to privacy of
        location information by classifying location information as
        customer proprietary network information subject to section 222
        of the Communications Act of 1934 (47 U.S.C. 222), thereby
        preventing use or disclosure of that information without a
        customer's express prior authorization.
            (5) There is a substantial Federal interest in promoting
        fair competition in the provision of wireless services and in
        ensuring the consumer confidence necessary to ensure continued
        growth in the use of wireless services. These goals can be
        attained by establishing a set of privacy rules that apply to
        wireless location information, regardless of technology, and to
        all entities and services that generate or receive access to
        such information.
            (6) It is in the public interest that the Federal
        Communications Commission establish comprehensive rules to
        protect the privacy of customers of location-based services and
        applications and thereby enable customers to realize more fully
        the benefits of location services and applications.

SEC. 3. PROTECTION OF LOCATION INFORMATION PRIVACY.

    (a) Rulemaking Required.--Not later than 180 days after the date of
the enactment of this Act, the Federal Communications Commission shall
complete a rulemaking proceeding for purposes of further protecting the
privacy of location information.
    (b) Elements.--
            (1) In general.--Subject to the provisions of paragraph
        (2), the rules prescribed by the Commission under subsection
        (a) shall--
                    (A) require providers of location-based services
                and applications to inform customers, with clear and
                conspicuous notice, about their policies on the
                collection, use, disclosure of, retention of, and
                access to customer location information;
                    (B) require providers of location-based services
                and applications to obtain a customer's express
                authorization before--
                            (i) collecting, using, or retaining the
                        customer's location information; or
                            (ii) disclosing or permitting access to the
                        customer's location information to any person
                        who is not a party to, or who is not necessary
                        to the performance of, the service contract
                        between the customer and such provider;
                    (C) require that all providers of location-based
                services or applications--
                            (i) restrict any collection, use,
                        disclosure of, retention of, and access to
                        customer location information to the specific
                        purpose that is the subject of the express
                        authorization of the customer concerned; and
                            (ii) not subsequently release a customer's
                        location information for any purpose beyond the
                        purpose for which the customer provided express
                        authorization;
                    (D) ensure the security and integrity of location
                data, and give customers reasonable access to their
                location data for purposes of verifying the accuracy
                of, or deleting, such data;
                    (E) be technology neutral to ensure uniform privacy
                rules and expectations and provide the framework for
                fair competition among similar services;
                    (F) require that aggregated location information
                not be disaggregated through any  means into individual
location information for any commercial purpose; and
                    (G) not impede customers from readily utilizing
                location-based services or applications.
            (2) Permitted uses.--The rules prescribed under subsection
        (a) may permit the collection, use, retention, disclosure of,
        or access to a customer's location information without prior
        notice or consent to the extent necessary to--
                    (A) provide the service from which such information
                is derived, or to provide the location-based service
                that the customer is accessing;
                    (B) initiate, render, bill, and collect for the
                location-based service or application;
                    (C) protect the rights or property of the provider
                of the location-based service or application, or
                protect customers of the service or application from
                fraudulent, abusive, or unlawful use of, or
                subscription to, the service or application;
                    (D) produce aggregate location information; and
                    (E) comply with an appropriate court order.
            (3) Additional requirement.--Under the rules prescribed
        under subsection (a), any third party receiving, or receiving
        access to, a customer's location information from a provider of
        location services or applications pursuant to the express
        authorization of the customer, shall not disclose or permit
        access to such information to any other person without the
        express authorization of the customer.
            (4) Express authorization.--
                    (A) Form.--For purposes of the rules prescribed
                under subsection (a) and section 222(f) of the
                Communications Act of 1934 (47 U.S.C. 222(f)), the
                Commission shall specify the appropriate methods,
                whether technological or otherwise, by which a customer
                may provide express prior authorization. Such methods
                may include a written or electronically signed service
                agreement or other contractual instrument.
                    (B) Modification or revocation.--Under the rules
                prescribed under subsection (a), a customer shall have
                the power to modify or revoke at any time an express
                authorization given by the customer under the rules.
    (c) Application of Rules.--The rules prescribed by the Commission
under subsection (a) shall apply to any person that provides a
location-based service or application, whether or not such person is
also a provider of commercial mobile service (as that term is defined
in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).
    (d) Relationship to Wireless Communications and Public Safety Act
of 1999.--The rules prescribed by the Commission under subsection (a)
shall be consistent with the amendments to section 222 of the
Communications Act of 1934 (47 U.S.C. 222) made by section 5 of the
Wireless Communications and Public Safety Act of 1999 (Public Law 106-
81; 113 Stat. 1288), including the provisions of section 222(d)(4) of
the Communications Act of 1934, as so amended, permitting use,
disclosure, and access to location information by public safety, fire
services, and other emergency services providers for purposes specified
in subparagraphs (A), (B), and (C) of such section 222(d)(4).
    (e) State and Local Requirements.--
            (1) In general.--No State or local government may adopt or
        enforce any law, regulation, or other legal requirement
        addressing the privacy of wireless location information that is
        inconsistent with the rules prescribed by the Commission under
        subsection (a).
            (2) Preemption.--Any law, regulation, or requirement
        referred to in paragraph (1) that is in effect on the date of
        the enactment of this Act shall be preempted and superseded as
        of the effective date of the rules prescribed by the Commission
        under subsection (a).
    (f) Definitions.--In this section:
            (1) Aggregate location information.--The term ``aggregate
        location information'' means a collection of location data
        relating to a group or category of customers from which
        individual customer identities have been removed.
            (2) Customer.--The term ``customer'', in the case of the
        provision of a location-based service or application with
        respect to a device, means the person entering into the
        contract or agreement with the provider of the location-based
        service or application for provision of the location-based
        service or application for the device.

Output: Location Privacy Protection Act of 2001 - Directs the Federal Communications Commission (FCC) to complete a rulemaking proceeding for further protecting the privacy of location information of customers of location-based services or applications. Requires that providers of location-based services: (1) inform customers about their policies on the collection, use, disclosure of, and access to customer location information; and (2) receive a customer's express authorization before collecting, using, retaining, or disclosing such information. Outlines permitted uses of such information. Directs the FCC to specify appropriate methods by which a customer may provide express prior authorization for the use of such information. Preempts State and local requirements with respect to the privacy of wireless location information.