Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beneficiary Access to Care Act of
2003''.

SEC. 2. TREATMENT OF DRUGS AND BIOLOGICALS UNDER THE MEDICARE
              OUTPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM.

    (a) Separate APCs for Most Drugs and Biologicals.--
            (1) In general.--Section 1833(t)(2) of the Social Security
        Act (42 U.S.C. 1395l(t)(2)) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (F);
                    (B) by striking the period at the end of
                subparagraph (G) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H) the Secretary shall treat as a separate group
                of covered OPD services--
                            ``(i) any drug or biological that was
                        treated as such a group as of December 31,
                        2002; and
                            ``(ii) any drug or biological that has
                        ceased to be eligible for transitional, pass-
                        through payments under paragraph (6) by reason
                        of the limited period of payment specified in
                        paragraph (6)(C)(i).''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall apply to items and services furnished on or after January
        1, 2004.
    (b) Payment Rates for Non-Pass-Through Drugs and Biologicals.--
            (1) Program payments.--Section 1833(t) of the Social
        Security Act (42 U.S.C. 1395l(t)) is amended--
                    (A) in paragraph (3), by amending subparagraph (D)
                to read as follows:
                    ``(D) Calculation of medicare opd fee schedule
                amounts.--
                            ``(i) In general.--The Secretary shall
                        compute a medicare OPD fee schedule amount for
                        each covered OPD service (or group of such
                        services) furnished in a year, in an amount
                        that (except as provided in clause (ii)) is
                        equal to the product of--
                                    ``(I) the conversion factor
                                computed under subparagraph (C) for the
                                year; and
                                    ``(II) the relative payment weight
                                (determined under paragraph (2)(C) or
                                paragraph (9)(A)) for the service or
                                group.
                            ``(ii) Special rules for 2004.--
                                    ``(I) In general.--Notwithstanding
                                clause (i), the medicare OPD fee
                                schedule amount for 2004 for a drug or
                                biological that is treated as a
                                separate group of covered OPD services
                                and is--
                                            ``(aa) a single-source drug
                                        (as defined in section
                                        1927(k)(7)(A)(iv));
                                            ``(bb) an innovator
                                        multiple source drug (as
                                        defined in section
                                        1927(k)(7)(A)(ii)); or
                                            ``(cc) a biological product
                                        approved for marketing under
                                        section 351 of the Public
                                        Health Service Act (including
                                        any such product that is
                                        marketed by any cross-licensed
                                        producers or distributors),
                                may not be less than 87.37 percent of
                                the payment rate for the drug or
                                biological under paragraph (6) as of
                                December 31, 2002 (determined without
                                regard to any reduction under
                                subparagraph (E)(iii) of such
                                paragraph).
                                    ``(II) No revision of relative
                                payment weights.--The relative payment
                                weights established under paragraph
                                (9)(A) for 2004 for groups of covered
                                OPD services other than those to which
                                subclause (I) applies shall not be
                                revised to take into account the
                                application of such subclause (I).'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by striking
                        ``Secretary, as computed under paragraphs
                        (2)(D) and (2)(E)'' and inserting ``Secretary
                        (as computed under paragraphs (2)(D) and
                        (2)(E)), except that the medicare OPD fee
                        schedule amount determined under paragraph
                        (3)(D) for a drug or biological that is treated
                        as a separate group of covered OPD services
                        shall not be adjusted for relative differences
                        in the cost of labor''; and
                            (ii) in subparagraph (B), by striking
                        ``adjusted''; and
                    (C) in paragraph (9), by adding at the end the
                following:
                    ``(D) Use of external data.--In determining the
                relative payment weight for any drug or biological that
                is treated as a separate group of covered OPD services
                for any year after 2003, the Secretary shall adjust the
                weight otherwise determined under this paragraph with
                respect to the drug or biological to the extent that
                reliable and valid data collected and submitted by
                entities and organizations other than the Department of
                Health and Human Services (including data submitted in
                public comments on the proposed rule promulgated with
                respect to the system established under this subsection
                for 2004) demonstrate that such payment weight is
                inadequate or inaccurate. In the case of any
                adjustments made pursuant to the preceding sentence for
                2004, the Secretary shall not revise the relative
                payment weights for other groups of covered OPD
                services for such year to take into account such
                adjustments, and the medicare OPD fee schedule amount
                determined under paragraph (3)(D) using a relative
                weight resulting from such an adjustment shall be
                subject to the minimum amount described in clause
(ii)(I) of such paragraph.''.
            (2) Copayments.--Section 1833(t)(8)(E) of the Social
        Security Act (42 U.S.C. 1395l(t)(8)(E)) is amended--
                    (A) in the heading, by striking ``outlier and pass-
                through'' and inserting ``certain''; and
                    (B) by striking ``paragraphs (5) and (6)'' and
                inserting ``paragraphs (3)(D)(ii), (5), and (6)''.
            (3) Exceptions to budget neutrality requirement.--Section
        1833(t)(9)(B) of the Social Security Act (42 U.S.C.
        1395l(t)(9)(B)) is amended by adding at the end the following:
        ``In determining the budget neutrality adjustment required by
        the preceding sentence, the Secretary shall not take into
        account--
                            ``(i) any expenditures that would not have
                        been made but for the application of clause
                        (ii) of paragraph (3)(D); or
                            ``(ii) any expenditures made by reason of
                        an adjustment required by subparagraph (D) for
                        2004.''.
    (c) Study of Pharmacy Services Used To Provide Cancer Drug
Therapies in Hospital Outpatient Setting.--
            (1) In general.--The Comptroller General shall conduct a
        study of payments under part B of title XVIII of the Social
        Security Act for pharmacy service costs and related costs that
        are incurred in acquiring chemotherapy and supportive care
        drugs and providing these therapies to cancer patients in
        hospital outpatient departments. The study shall--
                    (A) identify pharmacy costs, including the costs of
                storage, handling, processing, quality control,
                disposal, compliance with safety protocols and
                regulations, establishing dosage regimens that avoid
                drug interactions and contraindications, and pharmacy
                overhead;
                    (B) include a review of the adequacy of the current
                payment methodology for pharmacy service costs and
                related costs (including the adequacy of the
                methodology used to estimate costs); and
                    (C) identify any changes to that methodology that
                are necessary to ensure recognition of, and appropriate
                payment for, all of the services and functions inherent
                in the provision of cancer treatment in hospital
                outpatient settings.
            (2) Report to congress.--Not later than 12 months after the
        date of enactment of this Act, the Comptroller General shall
        submit to Congress a report on the results of the study under
        paragraph (1), including any recommendations for legislation
        that is necessary to implement the changes identified under
        paragraph (1)(C).

Output: Beneficiary Access to Care Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system for hospital outpatient department services (OPD) to: (1) require the Secretary of Health and Human Services to treat as a separate group of covered OPD services any drug or biological that was treated as such a group as of December 31, 2002, and any drug or biological that has ceased to be eligible for transitional, pass-through payments by reason of the limited period of payment specified; and (2) add special rules for 2004 for the calculation of Medicare OPD fee schedule amounts, among other payment-related changes.Directs the Comptroller General to study and report to Congress on pharmacy services used to provide cancer drug therapies in hospital outpatient setting.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Generating American Income and
Infrastructure Now Act''.

SEC. 2. REQUIRED SALE OF DISTRESSED NOTES AND OTHER OBLIGATIONS.

    (a) In General.--
            (1) Coordination of sale of distressed notes.--The
        Secretary of Agriculture shall sell, under terms established by
        the Secretary of the Treasury, distressed notes and other
        obligations held by the Department of Agriculture.
            (2) Deposit of proceeds.--Of the proceeds from the sale of
        the notes and obligations pursuant to paragraph (1)--
                    (A) 50 percent shall be deposited in an account
                specifically designated for purposes of carrying out
                infrastructure projects in low-income communities (as
                defined in section 45D(e) of the Internal Revenue Code
                of 1986); and
                    (B) 50 percent shall be retained in the Treasury
                for purposes of deficit reduction.
    (b) Terms and Procedures of Sales.--
            (1) Fair market valuation.--The Secretary of the Treasury
        shall consult with the Secretary of Agriculture to establish a
        fair market valuation for the sale of the distressed notes or
        other obligations pursuant to this section.
            (2) No recourse or liability.--The sale of distressed notes
        or other obligations pursuant to this section shall be on a
        nonrecourse basis. The Secretary of Agriculture and any
        subsequent purchaser of such notes or other obligations sold on
        a nonrecourse basis shall be relieved of any responsibilities
        that might have been imposed had the borrower remained indebted
        to the Secretary of Agriculture.
            (3) Contract provisions.--The sale of distressed notes or
        other obligations pursuant to this section shall not alter the
        terms specified in the note or other obligation.
            (4) Notification; notice and comment.--Not less than 60
        days before the sale of a distressed note or other obligation
        pursuant to this section, the Secretary of Agriculture shall
        notify the borrower that the Department of Agriculture intends
        to sell such note or other obligation.
            (5) Notice and comment.--During the 60-day period before
        the sale of a distressed note or other obligation under this
        section, the Secretary of Agriculture shall provide an
        opportunity for notice and public comment in a manner that
        protects the personally identifiable information relating to
        the borrower.
            (6) Borrower opportunity to refinance.--A borrower may pay
        off a distressed note or other obligation at a discount to par
        value enabling the borrower to refinance the note or other
        obligation through a private market loan within 30 days after
        the borrower receives notification of the intent to sell such
        note or other obligation pursuant to paragraph (4).
            (7) Best price.--The Secretary of Agriculture shall obtain
        the highest possible return from the sales of distressed notes
        or other obligations under this section and may conduct sales
        on a competitive bidding or negotiated process, in amounts
        sufficiently large to assure market interest.
            (8) Financial advisor.--In order to assure the highest
        possible return, the Secretary of Agriculture may employ public
        finance advisors from micro-, woman-, and minority-owned
        businesses, as defined by the Small Business Administration.
            (9) Loan servicing.--Before selling any distressed note or
        other obligation under this section, the Secretary of
        Agriculture shall require persons offering to purchase the note
        or other obligation to demonstrate--
                    (A) an ability or resources to provide such
                servicing, with respect to the distressed note or other
                obligation, that the Secretary of the Treasury
                determines to be necessary to ensure the continued
                performance on the loan; and
                    (B) the ability to generate capital to provide the
                borrowers of the distressed notes or other obligations
                such additional credit as may be necessary in proper
                servicing of such notes or other obligations.
    (c) GAO Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the sale of distressed notes or
other obligations of the Department of Agriculture under this section.
Such report shall include the recommendation of the Comptroller General
of the United States with respect to whether such a sale should be
undertaken by other Federal agencies.

Output: Generating American Income and Infrastructure Now Act  This bill requires the Department of Agriculture (USDA) to sell certain distressed notes and other obligations held by USDA. The sale must be conducted under terms and procedures established by the Department of the Treasury and specified in the bill. Of the proceeds from the sale: (1) 50% must be deposited into an account for carrying out infrastructure projects in low-income communities, and (2) 50% must be retained in the Treasury for deficit reduction.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Youth Summer Jobs Act of
2011''.

SEC. 2. GRANTS FOR SUMMER JOBS FOR OUT-OF-SCHOOL YOUTH PROGRAMS.

    (a) In General.--The Secretary of Labor, subject to the
availability of appropriations, shall award competitive grants to
eligible entities for the purpose of providing job placement during the
summer for out-of-school youths.
    (b) Eligible Entity.--For purposes of this section, an eligible
entity shall--
            (1) be a unit of general local government; and
            (2) submit to the Secretary an application at such time, in
        such manner, and containing such information as the Secretary
        may require.
    (c) Use of Funds.--
            (1) In general.--Amounts received as a grant under this
        section shall be used for providing summer employment for out-
        of-school youths that includes employment and job readiness
        activities, as determined by the Secretary, including work
        experiences and job placement.
            (2) Use of existing programs.--An eligible entity that
        operates an existing youth summer jobs program may use a grant
        received under this section to expand such program, in lieu of
        establishing a new program to provide job placement for youths,
        by providing under such program job training and support
        services, including health and nutrition referral, housing
        referral, financial literacy, and instruction on basic daily
        living skills.
    (d) Preference.--
            (1) In general.--In awarding grants under this section, the
        Secretary shall give preference to an eligible entity in a
        community where, for the period between 2002 and 2007, at least
        one of the following rates was higher than the national
        average:
                    (A) High school dropout rate.
                    (B) Poverty rate.
                    (C) Juvenile offender rate.
                    (D) Unemployment rate.
                    (E) Industry-depletion rate.
            (2) Additional preference.--In awarding grants under this
        section, the Secretary shall give additional preference to an
        eligible entity that operates in a community where, for the
        period between 2002 and 2007, each rate listed under paragraph
        (1) was higher than the national average of each such rate.
    (e) Grant Terms.--
            (1) Duration.--A grant awarded under this section shall be
        for a term of not less than 5 years.
            (2) Grant amount.--The Secretary shall determine the amount
        of funds in a grant under this section.
            (3) Limitation on number of grants.--A grant recipient
        under this section shall not have more than 1 grant under this
        section at anytime. Once a grant term ends, the recipient of
        such grant may re-apply for a grant under this section.
            (4) Return of unobligated grant funds.--Not later than 30
        days after the date on which a grant term ends, the eligible
        entity who received such grant shall return any unspent grant
        funds to the Secretary.
    (f) Reports.--
            (1) Eligible entity.--Not later than September 30 of each
        fiscal year for which an eligible entity receives a grant under
        this section, such entity shall submit to the Secretary a
        report describing the grant-funded program conducted by such
        entity. The report shall include an assessment of how such
        program improved the employability skills of out-of-school
        youths.
            (2) Secretary.--Not later than August 1 of each fiscal year
        for which a grant is awarded under this section, the Secretary
        shall submit a report to Congress on the effectiveness of each
        grant-funded program. Such report shall include an assessment
        of the effectiveness of such program to improve General
        Education Development attainment and job placement of out-of-
        school youths participating in such program.
    (g) Definitions.--In this section:
            (1) Eligible youth.--The term ``eligible youth'' means an
        individual who has attained age 14 but not age 22.
            (2) Out-of-school youth.--The term ``out-of-school youth''
        means--
                    (A) an eligible youth who is enrolled in a public
                or private secondary school; or
                    (B) an eligible youth who has received a secondary
                school diploma or its equivalent but is basic-skills
                deficient, unemployed, or underemployed.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.
            (4) Unit of general local government.--The term ``unit of
        general local government'' has the meaning given the term in
        section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
        2801).
    (h) Authorization of Appropriations.--For grants under this
section, there are authorized to be appropriated to the Secretary the
following amounts:
            (1) $20,000,000 for fiscal year 2012.
            (2) $30,000,000 for fiscal year 2013.
            (3) $40,000,000 for fiscal year 2014.
            (4) $50,000,000 for fiscal year 2015.
            (5) $60,000,000 for fiscal year 2016.
            (6) $60,000,000 for fiscal year 2017.

Output:
National Youth Summer Jobs Act of 2011 - Directs the Secretary of Labor to award 5-year competitive grants to eligible local government units to provide summer employment, including job readiness activities, work experiences, and job placement, for out-of-school youths age 14 to 21 who are enrolled in a public or private secondary school or have received a secondary school diploma or its equivalent but are basic-skills deficient, unemployed, or underemployed.

Allows eligible entities that operate existing youth summer jobs programs to use grants to expand their programs, in lieu of establishing new job placement programs, by providing job training and support services, including health and nutrition referral, housing referral, financial literacy, and instruction on basic daily living skills.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom from Equifax Exploitation
Act''.

SEC. 2. DEFINITION OF CREDIT FREEZE.

    Section 603(q) of the Fair Credit Reporting Act (15 U.S.C.
1681a(q)) is amended by adding at the end the following:
            ``(6) Credit freeze.--
                    ``(A) In general.--The term `credit freeze' means a
                restriction placed at the request of a consumer or a
                personal representative of the consumer, on the
                consumer report of the consumer, that prohibits a
                consumer reporting agency from releasing the consumer
                report for a purpose relating to the extension of
                credit without the express authorization of the
                consumer.
                    ``(B) Exception.--A credit freeze shall not apply
                to the use of a consumer report by any of the
                following:
                            ``(i) A person, or the subsidiary,
                        affiliate, agent, subcontractor, or assignee of
                        the person, with whom the consumer has, or
                        prior to assignment had, an account, contract,
                        or debtor-creditor relationship for the
                        purposes of reviewing the active account or
                        collecting the financial obligation owed on the
                        account, contract, or debt.
                            ``(ii) A person, or the subsidiary,
                        affiliate, agent, subcontractor, or assignee of
                        the person, to whom access has been granted
                        pursuant to a request by the consumer described
                        under section 605A(i)(1)(B), for purposes of
                        facilitating the extension of credit or other
                        permissible use.
                            ``(iii) Any person acting pursuant to a
                        court order, warrant, or subpoena.
                            ``(iv) A Federal, State, or local
                        government, or an agent or assignee thereof.
                            ``(v) Any person for the sole purpose of
                        providing a credit monitoring or identity theft
                        protection service to which the consumer has
                        subscribed.
                            ``(vi) Any person for the purpose of
                        providing a consumer with a copy of the
                        consumer report or credit score of the consumer
                        upon request by the consumer.
                            ``(vii) Any person or entity for insurance
                        purposes, including use in setting or adjusting
                        a rate, adjusting a claim, or underwriting.
                            ``(viii) Any person acting pursuant to an
                        authorization from a consumer to use their
                        consumer report for employment purposes.''.

SEC. 3. ENHANCEMENT OF FRAUD ALERT PROTECTIONS.

    Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``One-
                Call'' and inserting ``One-Year'';
                    (B) in paragraph (1)--
                            (i) in the paragraph heading, by striking
                        ``Initial alerts'' and inserting ``In
                        general'';
                            (ii) in the matter preceding subparagraph
                        (A), by inserting ``or harmed by the
                        unauthorized disclosure of the financial or
                        personally identifiable information of the
                        consumer,'' after ``identity theft,'';
                            (iii) in subparagraph (A)--
                                    (I) by striking ``90 days'' and
                                inserting ``1 year''; and
                                    (II) by striking ``and'' at the
                                end;
                            (iv) in subparagraph (B)--
                                    (I) by inserting ``1-year'' before
                                ``fraud alert''; and
                                    (II) by striking the period at the
                                end and inserting ``; and''; and
                            (v) by adding at the end the following:
                    ``(C) upon the expiration of the 1-year period
                described in subparagraph (A) or a subsequent 1-year
                period, and in response to a direct request by the
                consumer or such representative, continue the fraud
                alert for an additional period of 1 year if the
                information asserted in this paragraph remains
                applicable.''; and
                    (C) in paragraph (2)--
                            (i) in the matter preceding subparagraph
                        (A), by inserting ``1-year'' before ``fraud
                        alert''; and
                            (ii) in subparagraph (B), by striking ``any
                        request described in subparagraph (A)'' and
                        inserting ``the consumer reporting agency
                        includes the 1-year fraud alert in the file of
                        the consumer'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking
                ``Extended'' and inserting ``Seven-Year'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``5-year period
                                beginning on the date of such request''
                                and inserting ``the 7-year period
                                described in subparagraph (A)''; and
                                    (II) by striking ``and'' at the
                                end;
                            (ii) in subparagraph (C)--
                                    (I) by striking ``extended'' and
                                inserting ``7-year''; and
                                    (II) by striking the period at the
                                end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(D) upon the expiration of the 7-year period
                described in subparagraph (A) or a subsequent 7-year
                period, and in response to a direct request by the
                consumer or such representative, continue the fraud
                alert for an additional period of 7 years if the
                consumer or such representative submits an updated
                identity theft report.''; and
                    (C) in paragraph (2), by amending subparagraph (A)
                to read as follows:
                    ``(A) disclose to the consumer that the consumer
                may request a free copy of the file of the consumer
                pursuant to section 612(d) during each 12-month period
                beginning on the date on which the 7-year fraud alert
                was included in the file and ending on the date of the
                last day that the 7-year fraud alert applies to the
                file of the consumer; and'';
            (3) in subsection (c)--
                    (A) by redesignating paragraphs (1), (2), and (3),
                as subparagraphs (A), (B), and (C), respectively, and
                adjusting the margins accordingly;
                    (B) in the matter preceding subparagraph (A), as so
                redesignated, by striking ``Upon the direct request''
                and inserting the following:
            ``(1) In general.--Upon the direct request''; and
                    (C) by adding at the end the following:
            ``(2) Access to free reports.--If a consumer reporting
        agency includes an active duty alert in the file of an active
        duty military consumer, the consumer reporting agency shall--
                    ``(A) disclose to the active duty military consumer
                that the active duty military consumer may request a
                free copy of the file of the active duty military
                consumer pursuant to section 612(d), during each 12-
                month period beginning on the date on which the
                activity duty military alert is requested and ending on
                the date of the last day that the active duty alert
                applies to the file of the active duty military
                consumer; and
                    ``(B) not later than 3 business days after the date
                on which the active duty military consumer makes a
                request described in subparagraph (A), provide to the
                active duty military consumer all disclosures required
                to be made under section 609, without charge to the
                active duty military consumer.'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish and make available to the public on the
Internet website of the consumer reporting agency policies and
procedures to comply with this section, including policies and
procedures--
            ``(1) that inform consumers of the availability of 1-year
        fraud alerts, 7-year fraud alerts, active duty alerts, and
        credit freezes, as applicable;
            ``(2) that allow consumers to request 1-year fraud alerts,
        7-year fraud alerts, and active duty alerts, as applicable, and
        to place, temporarily lift, or fully remove a credit freeze in
        a simple and easy manner; and
            ``(3) for asserting in good faith a suspicion that the
        consumer has been or is about to become a victim of identity
        theft, fraud, or a related crime, or harmed by the unauthorized
        disclosure of the financial or personally identifiable
        information of the consumer, for a consumer seeking a 1-year
        fraud alert or credit freeze.'';
            (5) in subsection (e), in the matter preceding paragraph
        (1), by inserting ``1-year or 7-year'' before ``fraud alert'';
            (6) in subsection (f), by striking ``or active duty alert''
        and inserting ``active duty alert, or credit freeze, as
        applicable,'';
            (7) in subsection (g)--
                    (A) by inserting ``or has been harmed by the
                unauthorized disclosure of the financial or personally
                identifiable information of the consumer,'' after
                ``identity theft,''; and
                    (B) by inserting ``or credit freezes'' after
                ``request alerts''; and
            (8) in subsection (h)--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by striking
                        ``initial'' and inserting ``1-year'';
                            (ii) in subparagraph (A), by striking
                        ``initial'' and inserting ``1-year''; and
                            (iii) in subparagraph (B)(i), by striking
                        ``an initial'' and inserting ``a 1-year''; and
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking
                        ``extended'' and inserting ``7-year'';
                            (ii) in subparagraph (A), in the matter
                        preceding clause (i), by striking ``extended''
                        and inserting ``7-year''; and
                            (iii) in subparagraph (B), by striking ``an
                        extended'' and inserting ``a 7-year''.

SEC. 4. PROVIDING FREE ACCESS TO CREDIT FREEZES.

    Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended by adding at the end the following:
    ``(i) Credit Freezes.--
            ``(1) In general.--Upon the direct request of a consumer,
        or an individual acting on behalf of or as a personal
        representative of a consumer, a consumer reporting agency that
        maintains a file on the consumer and has received appropriate
        proof of the identity of the requester (as described in section
        1022.123 of title 12, Code of Federal Regulations, or any
        successor thereto) shall--
                    ``(A)(i) not later than 1 business day after
                receiving the request sent by postal mail, toll-free
                telephone, or secure electronic means as established by
                the agency, place a credit freeze on the file of the
                consumer;
                    ``(ii) not later than 5 business days after placing
                a credit freeze described in clause (i), provide the
                consumer with written confirmation of the credit freeze
                and a unique personal identification number or password
                (other than the social security number of the consumer)
                for use to authorize the release of the file of the
                consumer for a specific period of time; and
                    ``(iii) disclose all relevant information to the
                consumer relating to the procedures for temporarily
                lifting and fully removing a credit freeze, including a
                statement about the maximum amount of time given to an
                agency to conduct those actions;
                    ``(B) if the consumer provides a correct personal
                identification number or password, temporarily lift an
                existing credit freeze from the file of the consumer
                for a period of time specified by the consumer for a
                specific user or category of users, as determined by
                the consumer--
                            ``(i) not later than 1 business day after
                        receiving the request by postal mail; or
                            ``(ii) not later than 15 minutes after
                        receiving the request by toll-free telephone
                        number or secure electronic means established
                        by the agency, if the request is received
                        during regular business hours, except if the
                        ability of the consumer reporting agency to
                        temporarily lift the credit freeze is prevented
                        by--
                                    ``(I) an act of God, including
                                earthquakes, hurricanes, storms, or
                                similar natural disaster or phenomenon,
                                or fire;
                                    ``(II) unauthorized or illegal acts
                                by a third party including terrorism,
                                sabotage, riot, vandalism, labor
                                strikes or disputes disrupting
                                operations, or a similar occurrence;
                                    ``(III) an operational
                                interruption, including electrical
                                failure, unanticipated delay in
                                equipment or replacement part delivery,
                                computer hardware or software failures
                                inhibiting response time, or a similar
                                disruption;
                                    ``(IV) governmental action,
                                including emergency orders or
                                regulations, judicial or law
                                enforcement action, or a similar
                                directive;
                                    ``(V) regularly scheduled
                                maintenance or updates to the systems
                                of the consumer reporting agency
                                occurring outside of normal business
                                hours; or
                                    ``(VI) commercially reasonable
                                maintenance of, or repair to, the
                                systems of the consumer reporting
                                agency that is unexpected or
                                unscheduled; or
                    ``(C) if the consumer provides a correct personal
                identification number or password, fully remove an
                existing credit freeze from the file of the consumer
                not later than 21 business days after receiving the
                request by postal mail, toll-free telephone, or secure
                electronic means established by the consumer reporting
                agency.
            ``(2) No fee.--A consumer reporting agency may not charge a
        consumer a fee to place, temporarily lift, or fully remove a
        credit freeze.
            ``(3) Exclusion from third-party lists.--During the period
        beginning on the date on which a consumer or a representative
        of the consumer requests to place a credit freeze and ending
        the date on which the consumer or representative requests to
        fully remove a credit freeze, a consumer reporting agency shall
        exclude the consumer from any list of consumers prepared by the
        consumer reporting agency and provided to any third party to
        offer credit or insurance to the consumer as part of a
        transaction that was not initiated by the consumer, unless the
        consumer or that representative requests that the exclusion be
        rescinded before end of the period.''.

SEC. 5. ADDITIONAL FREE CONSUMER REPORT.

    Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is
amended--
            (1) in subsection (f)(1), in the matter preceding
        subparagraph (A), by inserting ``or subsection (h)'' after
        ``through (d)''; and
            (2) by adding at the end the following:
    ``(h) Free Disclosures in Connection With Credit Freeze.--In
addition to the free annual disclosure required under subsection
(a)(1)(A), each consumer reporting agency that maintains a file on a
consumer who requests a credit freeze under section 605A(i) shall make
all disclosures pursuant to section 609 once during any 12-month period
without charge to the consumer if the consumer makes a request under
section 609.''.

SEC. 6. REFUNDS.

    (a) Definitions.--In this section, the terms ``consumer'',
``consumer reporting agency'', and ``credit freeze'' have the meanings
given those terms in section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a), as amended by section 2.
    (b) Refunds.--With respect to any consumer who requested a credit
freeze from a consumer reporting agency during the period beginning on
September 7, 2017, and ending on the day before the date of enactment
of this Act, the consumer reporting agency--
            (1) shall issue a refund to the consumer for any fees
        charged to the consumer relating to the request for a credit
        freeze; and
            (2) may not impose a fee on the consumer to temporarily
        lift or fully remove the credit freeze.

Output: Freedom from Equifax Exploitation Act This bill amends the Fair Credit Reporting Act to revise fraud alert provisions required of consumer reporting agencies. A fraud alert must be placed in a consumer's file upon request if the consumer suspects harm from an unauthorized disclosure. The time period for fraud alerts is extended from 90 days to 1 year. The bill also revises provisions relating to 7-year renewable fraud alerts in cases of identity theft.  The bill establishes a credit freeze process. A consumer reporting agency must place a free credit freeze on the consumer's file upon a consumer's request, prohibiting a consumer reporting agency from releasing any credit information without the consumer's permission. Consumer reporting agencies must provide procedures for temporarily and permanently lifting the freeze at no charge to the consumer. Consumers are allowed a free credit report when requesting a credit freeze. While the file is subject to a freeze, a consumer reporting agency is prohibited from including the consumer in lists provided to third parties for credit or insurance offers. A consumer reporting agency must provide on the Internet policies and procedures for consumers to: (1) place, temporarily lift, or fully remove a credit freeze; and (2) make required statements for fraud alerts or credit freezes.  The bill requires consumer reporting agencies to issue a refund of fees to any consumer who requested a credit freeze beginning September 7, 2017, through the day before enactment of this bill.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Pharmacist Services
Coverage Act of 2001''.

SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public
Law 106-554, is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by inserting ``and'' at the end;
        and
            (3) by adding at the end the following new subparagraph:
            ``(W) pharmacist services (as defined in subsection
        (ww));''.
    (b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 105(b) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public
Law 106-554, is amended by adding at the end the following new
subsection:

                         ``Pharmacist Services

    ``(ww) The term `pharmacist services' means such drug therapy
management services furnished by a pharmacist, individually or on
behalf of a pharmacy provider, and such services and supplies furnished
as an incident to the pharmacist's drug therapy management service,
which the pharmacist is legally authorized to perform (in the State in
which the individual performs such services) in accordance with State
law (or the State regulatory mechanism provided by State law).''.
    (c) Payment.--
            (1) In general.--Section 1833(a)(1) of the Social Security
        Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of
        the Medicare, Medicaid, and SCHIP Benefits Improvement and
        Protection Act of 2000 (114 Stat. 2763A-489), as enacted into
        law by section 1(a)(6) of Public Law 106-554, is amended--
                    (A) by striking ``and'' before ``(U)''; and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (V) with respect to pharmacist
                services under section 1861(s)(2)(W), the amounts paid
                shall be 80 percent of the lesser of the actual charge
                or the amount established under section 1834(n);''.
            (2) Establishment of fee schedule; payments prior to
        implementation of fee schedule.--Section 1834 of the Social
        Security Act (42 U.S.C. 1395m), as amended by section 223(b) of
        the Medicare, Medicaid, and SCHIP Benefits Improvement and
        Protection Act of 2000 (114 Stat. 2763A-487), as enacted into
        law by section 1(a)(6) of Public Law 106-554, is amended by
        adding at the end the following new subsection:
    ``(n) Fee Schedules for Pharmacist Services.--
            ``(1) Development.--The Secretary shall develop--
                    ``(A) a relative value scale to serve as the basis
                for the payment of pharmacist services (as defined in
                section 1861(ww)) under this part; and
                    ``(B) using such scale and appropriate conversion
                factors, fee schedules (on a regional, statewide,
                locality, or carrier service area basis) for payment
                for pharmacist services under this part, to be
                implemented for such services furnished during years
                beginning after the expiration of the 3-year period
                which begins on the date of enactment of this
                subsection.
            ``(2) Considerations.--In developing the relative value
        scale and fee schedules under paragraph (1), the Secretary
        shall consider differences in--
                    ``(A) the time required to perform types of
                pharmacist services;
                    ``(B) the level of risk associated with the use of
                particular out-patient prescription drugs or groups of
                drugs; and
                    ``(C) the health status of individuals to whom
                pharmacist services are provided.
            ``(3) Consultation.--In developing the fee schedule for
        pharmacist services under this subsection, the Secretary shall
        consult with various national organizations representing
        pharmacists and pharmacies and share with such organizations
        the relevant data and data analysis being used in establishing
        such fee schedule, including data on variations in payments
        under this part by geographic area and by service.
            ``(4) Payments prior to implementation of fee schedule.--In
        the case of a pharmacist service (as defined in section
        1861(ww)) that is furnished before the implementation of the
        fee schedule developed under paragraph (1)(B), the Secretary
        shall pay an amount equal to 80 percent of the amount that the
        Secretary would pay for such service under the fee schedule
        established under section 1848 if the service were furnished by
        a physician or as an incident to a physician's service.''.
    (d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the relative value scale and fee
schedules developed under section 1834(n)(1) of the Social Security Act
(as added by subsection (c)(2)) for pharmacist services furnished under
part B of the medicare program under title XVIII of the Social Security
Act.
    (e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2002.

Output: Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gun Show Background Check Act of
2008''.

SEC. 2. GUN SHOW BACKGROUND CHECK.

    (a) Findings.--Congress finds that--
            (1) approximately 5,200 traditional gun shows are held
        annually across the United States, attracting thousands of
        attendees per show and hundreds of Federal firearms licensees
        and nonlicensed firearms sellers;
            (2) traditional gun shows, as well as flea markets and
        other organized events, at which a large number of firearms are
        offered for sale by Federal firearms licensees and nonlicensed
        firearms sellers, form a significant part of the national
        firearms market;
            (3) firearms and ammunition that are exhibited or offered
        for sale or exchange at gun shows, flea markets, and other
        organized events move easily in and substantially affect
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered
        for sale or exchange at a gun show, flea market, or other
        organized event, the gun, its component parts, ammunition, and
        the raw materials from which it is manufactured have moved in
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at
        which firearms are exhibited or offered for sale or exchange,
        provide a convenient and centralized commercial location at
        which firearms may be bought and sold anonymously, often
        without background checks and without records that enable gun
        tracing;
            (6) at gun shows, flea markets, and other organized events
        at which guns are exhibited or offered for sale or exchange,
        criminals and other prohibited persons obtain guns without
        background checks and frequently use guns that cannot be traced
        to later commit crimes;
            (7) since the enactment of the Brady Handgun Violence
        Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993,
        nearly 70,000,000 background checks have been performed by
        Federal firearms licensees, denying guns to 1,360,000 illegal
        buyers;
            (8) many persons who buy and sell firearms at gun shows,
        flea markets, and other organized events cross State lines to
        attend these events and engage in the interstate transportation
        of firearms obtained at these events;
            (9) gun violence is a pervasive, national problem that is
        exacerbated by the availability of guns at gun shows, flea
        markets, and other organized events;
            (10) firearms associated with gun shows have been
        transferred illegally to residents of another State by Federal
        firearms licensees and nonlicensed firearms sellers, and have
        been involved in subsequent crimes including drug offenses,
        crimes of violence, property crimes, and illegal possession of
        firearms by felons and other prohibited persons; and
            (11) Congress has the power, under the interstate commerce
        clause and other provisions of the Constitution of the United
        States, to ensure, by enactment of this Act, that criminals and
        other prohibited persons do not obtain firearms at gun shows,
        flea markets, and other organized events.
    (b) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
            ``(36) Gun show.--The term `gun show' means any event--
                    ``(A) at which 50 or more firearms are offered or
                exhibited for sale, transfer, or exchange, if 1 or more
                of the firearms has been shipped or transported in, or
                otherwise affects, interstate or foreign commerce; and
                    ``(B) at which--
                            ``(i) not fewer than 20 percent of the
                        exhibitors are firearm exhibitors;
                            ``(ii) there are not fewer than 10 firearm
                        exhibitors; or
                            ``(iii) 50 or more firearms are offered for
                        sale, transfer, or exchange.
            ``(37) Gun show promoter.--The term `gun show promoter'
        means any person who organizes, plans, promotes, or operates a
        gun show.
            ``(38) Gun show vendor.--The term `gun show vendor' means
        any person who exhibits, sells, offers for sale, transfers, or
        exchanges 1 or more firearms at a gun show, regardless of
        whether or not the person arranges with the gun show promoter
        for a fixed location from which to exhibit, sell, offer for
        sale, transfer, or exchange 1 or more firearms.''.
    (c) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States
        Code, is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
            ``(1) registers with the Attorney General in accordance
        with regulations promulgated by the Attorney General; and
            ``(2) pays a registration fee, in an amount determined by
        the Attorney General.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
            ``(1) before commencement of the gun show, verifies the
        identity of each gun show vendor participating in the gun show
        by examining a valid identification document (as defined in
        section 1028(d)(3)) of the vendor containing a photograph of
        the vendor;
            ``(2) before commencement of the gun show, requires each
        gun show vendor to sign--
                    ``(A) a ledger with identifying information
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the
                obligations of the vendor under this chapter;
            ``(3) notifies each person who attends the gun show of the
        requirements of this chapter, in accordance with such
        regulations as the Attorney General shall prescribe; and
            ``(4) maintains a copy of the records described in
        paragraphs (1) and (2) at the permanent place of business of
        the gun show promoter for such period of time and in such form
        as the Attorney General shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction
        takes place at a gun show, it shall be unlawful for any person
        who is not licensed under this chapter to transfer a firearm to
        another person who is not licensed under this chapter, unless
        the firearm is transferred through a licensed importer,
        licensed manufacturer, or licensed dealer in accordance with
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the
                transferee until the licensed importer, licensed
                manufacturer, or licensed dealer through which the
                transfer is made under subsection (e) makes the
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not
                transfer the firearm to the transferee if the licensed
                importer, licensed manufacturer, or licensed dealer
                through which the transfer is made under subsection (e)
                makes the notification described in subsection
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in
        this section shall permit or authorize the Attorney General to
        impose recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction
        takes place at a gun show, it shall be unlawful for any person
        who is not licensed under this chapter to receive a firearm
        from another person who is not licensed under this chapter,
        unless the firearm is transferred through a licensed importer,
        licensed manufacturer, or licensed dealer in accordance with
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the
                transferor until the licensed importer, licensed
                manufacturer, or licensed dealer through which the
                transfer is made under subsection (e) makes the
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not
                receive the firearm from the transferor if the licensed
                importer, licensed manufacturer, or licensed dealer
                through which the transfer is made under subsection (e)
                makes the notification described in subsection
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
            ``(1) enter such information about the firearm as the
        Attorney General may require by regulation into a separate
        bound record;
            ``(2) record the transfer on a form specified by the
        Attorney General;
            ``(3) comply with section 922(t) as if transferring the
        firearm from the inventory of the licensed importer, licensed
        manufacturer, or licensed dealer to the designated transferee
        (although a licensed importer, licensed manufacturer, or
        licensed dealer complying with this subsection shall not be
        required to comply again with the requirements of section
        922(t) in delivering the firearm to the nonlicensed
        transferor), and notify the nonlicensed transferor and the
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the
                requirements of section 922(t)(1), of any receipt by
                the licensed importer, licensed manufacturer, or
                licensed dealer of a notification from the national
                instant criminal background check system that the
                transfer would violate section 922 or would violate
                State law;
            ``(4) not later than 10 days after the date on which the
        transfer occurs, submit to the Attorney General a report of the
        transfer, which report--
                    ``(A) shall be on a form specified by the Attorney
                General by regulation; and
                    ``(B) shall not include the name of or other
                identifying information relating to any person involved
                in the transfer who is not licensed under this chapter;
            ``(5) if the licensed importer, licensed manufacturer, or
        licensed dealer assists a person other than a licensee in
        transferring, at 1 time or during any 5 consecutive business
        days, 2 or more pistols or revolvers, or any combination of
        pistols and revolvers totaling 2 or more, to the same
        nonlicensed person, in addition to the reports required under
        paragraph (4), prepare a report of the multiple transfers,
        which report shall be--
                    ``(A) prepared on a form specified by the Attorney
                General; and
                    ``(B) not later than the close of business on the
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law
                        enforcement agency of the jurisdiction in which
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the
        permanent business records of the licensed importer, licensed
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, and licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Attorney General a report of the transfer, which report--
            ``(1) shall be in a form specified by the Attorney General
        by regulation;
            ``(2) shall not include the name of or other identifying
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States
        Code, is amended by adding at the end the following:
            ``(8)(A) Whoever knowingly violates section 932(a) shall be
        fined under this title, imprisoned not more than 5 years, or
        both.
            ``(B) Whoever knowingly violates subsection (b) or (c) of
        section 932, shall be--
                    ``(i) fined under this title, imprisoned not more
                than 2 years, or both; and
                    ``(ii) in the case of a second or subsequent
                conviction, fined under this title, imprisoned not more
                than 5 years, or both.
            ``(C) Whoever willfully violates section 932(d), shall be--
                    ``(i) fined under this title, imprisoned not more
                than 2 years, or both; and
                    ``(ii) in the case of a second or subsequent
                conviction, fined under this title, imprisoned not more
                than 5 years, or both.
            ``(D) Whoever knowingly violates subsection (e) or (f) of
        section 932 shall be fined under this title, imprisoned not
        more than 5 years, or both.
            ``(E) In addition to any other penalties imposed under this
        paragraph, the Attorney General may, with respect to any person
        who knowingly violates any provision of section 932--
                    ``(i) if the person is registered pursuant to
                section 932(a), after notice and opportunity for a
                hearing, suspend for not more than 6 months or revoke
                the registration of that person under section 932(a);
                and
                    ``(ii) impose a civil fine in an amount equal to
                not more than $10,000.''.
            (3) Technical and conforming amendments.--Chapter 44 of
        title 18, United States Code, is amended--
                    (A) in the chapter analysis, by adding at the end
                the following:

``Sec. 932. Regulation of firearms transfers at gun shows.'';
        and
                    (B) in the first sentence of section 923(j), by
                striking ``a gun show or event'' and inserting ``an
                event''.
    (d) Inspection Authority.--Section 923(g)(1) is amended by adding
at the end the following:
                    ``(E) Notwithstanding subparagraph (B), the
                Attorney General may enter during business hours the
                place of business of any gun show promoter and any
                place where a gun show is held for the purposes of
                examining the records required by sections 923 and 932
                and the inventory of licensees conducting business at
                the gun show. Such entry and examination shall be
                conducted for the purposes of determining compliance
                with this chapter by gun show promoters and licensees
                conducting business at the gun show and shall not
                require a showing of reasonable cause or a warrant.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
            ``(3)(A) Except as provided in subparagraph (B), any
        licensed dealer, licensed importer, licensed manufacturer, or
        licensed collector who knowingly makes any false statement or
        representation with respect to the information required by this
        chapter to be kept in the records of a person licensed under
        this chapter, or violates section 922(m) shall be fined under
        this title, imprisoned not more than 1 year, or both.
            ``(B) If the violation described in subparagraph (A) is in
        relation to an offense--
                    ``(i) under paragraph (1) or (3) of section 922(b),
                such person shall be fined under this title, imprisoned
                not more than 5 years, or both; or
                    ``(ii) under subsection (a)(6) or (d) of section
                922, such person shall be fined under this title,
                imprisoned not more than 10 years, or both.''.
    (f) Increased Penalties for Violations of Criminal Background Check
Requirements.--
            (1) Penalties.--Section 924(a) of title 18, United States
        Code, is amended--
                    (A) in paragraph (5), by striking ``subsection (s)
                or (t) of section 922'' and inserting ``section
                922(s)''; and
                    (B) by adding at the end the following:
            ``(9) Whoever knowingly violates section 922(t) shall be
        fined under this title, imprisoned not more than 5 years, or
        both.''.
            (2) Elimination of certain elements of offense.--Section
        922(t)(5) of title 18, United States Code, is amended by
        striking ``and, at the time'' and all that follows through
        ``State law''.
    (g) Effective Date.--This Act and the amendments made by this
section shall take effect 180 days after the date of enactment of this
Act.

Output: Gun Show Background Check Act of 2008 - Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations.Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Barriers to Veterans'
Benefits Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Tinnitus is the most common service-connected
        disability for veterans from all periods of service, accounting
        for almost 841,000 individuals.
            (2) Hearing loss is the second leading service-connected
        disability for veterans from all periods of service, accounting
        for almost 702,000 individuals.
            (3) Since fiscal year 1999, the number of veterans with
        service-connected disability for tinnitus has increased by an
        average rate of 17 percent each year.
            (4) The number of tinnitus disabilities has grown from
        128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an
        increase of more than 500 percent.

SEC. 3. PRESUMPTION OF SERVICE-CONNECTION FOR HEARING LOSS AND
              TINNITUS.

    (a) Presumption.--
            (1) In general.--Subchapter II of chapter 11 of title 38,
        United States Code, is amended by adding at the end the
        following new section:
``Sec. 1119. Presumption of service connection for hearing loss
              associated with particular military occupational
              specialties or combat service
    ``(a) In General.--(1) For purposes of section 1110 of this title,
and subject to section 1113 of this title, diagnosed hearing loss,
tinnitus, or both of a veteran described in paragraph (2) shall be
considered to have been incurred in or aggravated by the service of the
veteran, notwithstanding that there is no record of evidence of such
hearing loss or tinnitus, as the case may be, during the period of such
service.
    ``(2) A veteran described in this paragraph is a veteran who while
on active military, naval, or air service--
            ``(A) was assigned to a military occupational specialty or
        equivalent described in subsection (b); or
            ``(B) served in combat against a hostile force during a
        period of hostilities (as defined in section 1712A(a)(2)(B) of
        this title).
    ``(b) Military Occupational Specialty.--A military occupational
specialty or equivalent referred to in subsection (a)(2)(A) is a
military occupational specialty or equivalent, if any, that the
Secretary determines in regulations prescribed under this section in
which individuals assigned to such military occupational specialty or
equivalent in the active military, naval, or air service are or were
likely to be exposed to a sufficiently high level of acoustic trauma as
to result in permanent hearing loss, tinnitus, or both.
    ``(c) Determination.--(1) If the Secretary determines under
subsection (b) that a presumption of service connection is warranted
for a military occupational specialty or equivalent, the Secretary
shall, not later than 60 days after the date of the determination,
issue proposed regulations setting forth the Secretary's determination.
    ``(2) If the Secretary determines under subsection (b) that a
presumption of service connection is not warranted for a military
occupational specialty or equivalent, the Secretary shall, not later
than 60 days after the date of the determination--
            ``(A) publish the determination in the Federal Register;
        and
            ``(B) submit to the Committees on Veterans' Affairs of the
        Senate and the House of Representatives a report on the
        determination, including a justification for the
        determination.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of chapter 11 of such title is amended by inserting
        after the item relating to section 1118 the following new item:

``1119. Presumption of service connection for hearing loss associated
                            with particular military occupational
                            specialties or combat service.''.
    (b) Presumption Rebuttable.--Section 1113 of title 38, United
States Code, is amended by striking ``or 1118'' each place it appears
and inserting ``1118, or 1119''.
    (c) Presumption During Peacetime Service.--Section 1137 of title
38, United States Code, is amended by striking ``and 1113'' and
inserting ``1113, and 1119''.
    (d) Effective Date.--Section 1119 of title 38, United States Code,
as added by subsection (a)(1), shall apply with respect to a claim for
compensation made on or after the date that is 60 days after the date
on which the Secretary prescribes regulations pursuant to subsection
(c)(1) of such section.

SEC. 4. AUDIOMETRIC TEST REQUIRED BEFORE SEPARATION OF MEMBERS OF THE
              ARMED FORCES.

    (a) In General.--Chapter 59 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1179. Audiometric test required
    ``Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department shall ensure that a member of the
armed forces under the jurisdiction of the Secretary receives an
audiometric test at the 8000 Hz frequency (or other test that the
Secretary of Defense determines has the ability to discover potential
future hearing loss) to evaluate the hearing of the member during the
90-day period before the date on which the member is discharged,
separated, or retired.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1178 the following new item:

``1179. Audiometric test required.''.
    (c) Effective Date.--Section 1179 of title 10, United States Code,
as added by subsection (a), shall apply with respect to a member being
discharged, separated, or retired from the Armed Forces on or after the
date that is 60 days after the date of the enactment of this Act.

Output:
Reducing Barriers to Veterans' Benefits Act - Presumes a service connection, for veterans' benefits purposes, for diagnosed hearing loss, tinnitus, or both, for veterans who, during active military service: (1) were assigned to a military occupational specialty in which the veterans were likely to be exposed to a level of acoustic trauma sufficient to result in permanent hearing loss, tinnitus, or both; or (2) served in combat against a hostile force during a period of hostilities.

Directs the Secretary of each military department to ensure that each member of the Armed Forces under their jurisdiction receives an audiometric test at the 8000 Hz frequency (or an equivalent test) to evaluate the hearing of such member during the 90-day period before the member is discharged, separated, or retired.


Input:
SECTION 1. TERMINATION AFTER 1997 OF TAX SUBSIDIES FOR LARGE PRODUCERS
              OF ETHANOL USED AS A FUEL.

    (a) General Rule--Subsection (e) of section 40 of the Internal
Revenue Code of 1986 is amended by adding at the end the following
flush sentence:
        ``Except in the case of the credit determined under subsection
        (a)(3), the preceding sentence shall be applied by substituting
        `1997' for `2000' and `1998' for `2001'.''
    (b) Denial of Credit for Alcohol Used To Produce Ether.--Subsection
(b) of section 40 of such Code is amended by adding at the end the
following new paragraph:
            ``(6) Denial of credit for alcohol used to produce ether.--
        No credit shall be allowed under this section for alcohol used
        to produce any ether.''
    (c) Conforming Reductions of Other Incentives for Ethanol Fuel.--
            (1) Repeal of reduced rate on ethanol fuel produced other
        than from petroleum or natural gas.--Subsection (b) of section
        4041 of such Code is amended to read as follows:
    ``(b) Exemption for Off-Highway Business Use.--
            ``(1) In general.--No tax shall be imposed by subsection
        (a) or (d)(1) on liquids sold for use or used in an off-highway
        business use.
            ``(2) Tax where other use.--If a liquid on which no tax was
        imposed by reason of paragraph (1) is used otherwise than in an
        off-highway business use, a tax shall be imposed by paragraph
        (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is
        appropriate) and by the corresponding provision of subsection
        (d)(1) (if any).
            ``(3) Off-highway business use defined.--For purposes of
        this subsection, the term `off-highway business use' has the
        meaning given to such term by section 6421(e)(2); except that
        such term shall not, for purposes of subsection (a)(1), include
        use in a diesel-powered train.''
            (2) Repeal of reduced rate on ethanol fuel produced from
        natural gas.--Subsection (m) of section 4041 of such Code is
        amended--
                    (A) by striking ``or ethanol'' each place it
                appears (including the heading of paragraph (2)), and
                    (B) by striking ``, ethanol, or other alcohol'' in
                paragraph (2) and inserting ``or other alcohol (other
                than ethanol)''.
    (d) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in
Same Manner as Other Motor Fuels.--
            (1) In general.--Paragraph (1) of section 4083(a) of such
        Code (defining taxable fuel) is amended by striking ``and'' at
        the end of subparagraph (A), by striking the period at the end
        of subparagraph (B) and inserting ``, and'', and by adding at
        the end the following:
                    ``(C) fuel alcohol.''
            (2) Fuel alcohol.--Subsection (a) of section 4083 of such
        Code is amended by adding at the end the following new
        paragraph:
            ``(4) Fuel alcohol.--The term `fuel alcohol' means any
        alcohol (including ethanol and methanol)--
                    ``(A) which is produced other than from petroleum,
                natural gas, or coal (including peat), and
                    ``(B) which is withdrawn from the distillery where
                produced free of tax under chapter 51 by reason of
                section 5181 or so much of section 5214(a)(1) as
                relates to fuel use.''
            (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of
        such Code is amended by inserting ``or fuel alcohol'' after
        ``gasoline''.
            (4) Special rules for imposition of tax.--Paragraph (1) of
        section 4081(a) of such Code is amended by adding at the end
        the following new subparagraph:
                    ``(C) Special rules for fuel alcohol.--In the case
                of fuel alcohol--
                            ``(i) the distillery where produced shall
                        be treated as a refinery, and
                            ``(ii) subparagraph (B) shall be applied by
                        including transfers by truck or rail in excess
                        of such minimum quantities as the Secretary
                        shall prescribe.''
            (5) Repeal of reduced rates on alcohol fuels.--
                    (A) Section 4041 of such Code is amended by
                striking subsection (k).
                    (B) Section 4081 of such Code is amended by
                striking subsection (c).
                    (C) Section 4091 of such Code is amended by
                striking subsection (c).
            (6) Conforming amendments.--
                    (A) Section 40 of such Code is amended by striking
                subsection (c).
                    (B) Paragraph (4) of section 40(d) of such Code is
                amended to read as follows:
            ``(4) Volume of alcohol.--For purposes of determining under
        subsection (a) the number of gallons of alcohol with respect to
        which a credit is allowable under subsection (a), the volume of
        alcohol shall include the volume of any denaturant (including
        gasoline) which is added under any formulas approved by the
        Secretary to the extent that such denaturants do not exceed 5
        percent of the volume of such alcohol (including
        denaturants).''
                    (C) Paragraph (2) of section 4041(a) of such Code
                is amended by adding at the end the following: ``No tax
                shall be imposed by this paragraph on the sale or use
                of any liquid if tax was imposed on such liquid under
                section 4081 and the tax thereon was not credited or
                refunded.''
                    (D) Section 6427 of such Code is amended by
                striking subsection (f).
                    (E) Subsection (i) of section 6427 of such Code is
                amended by striking paragraph (3).
                    (F) Paragraph (2) of section 6427(k) of such Code
                is amended by striking ``(3)''.
                    (G)(i) Paragraph (1) of section 6427(l) of such
                Code is amended by striking ``or'' at the end of
                subparagraph (A), by redesignating subparagraph (B) as
                subparagraph (C), and by inserting after subparagraph
                (A) the following new subparagraph:
                    ``(B) any fuel alcohol (as defined in section 4083)
                on which tax has been imposed by section 4081, or''.
                    (ii) Paragraph (2) of section 6427(l) of such Code
                is amended by striking ``and'' at the end of
                subparagraph (A), by redesignating subparagraph (B) as
                subparagraph (C), and by inserting after subparagraph
                (A) the following new subparagraph:
                    ``(B) in the case of fuel alcohol (as so defined),
                any use which is exempt from the tax imposed by section
                4041(a)(2) other than by reason of a prior imposition
                of tax, and''.
                    (iii) The heading of subsection (l) of section 6427
                of such Code is amended by inserting ``, Fuel
                Alcohol,'' after ``Diesel Fuel''.
                    (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such
                Code are each amended by striking ``and diesel fuel''
                and inserting ``diesel fuel, and fuel alcohol''.
                    (I) Section 9502 of such Code is amended by
                striking subsection (e) and by redesignating subsection
                (f) as subsection (e).
                    (J) Subsection (e) of section 9502 of such Code (as
                redesignated by subparagraph (I)) is amended by
                striking paragraph (2) and by redesignating paragraph
                (3) as paragraph (2).
                    (K) Subsection (b) of section 9503 of such Code is
                amended by striking paragraph (5).
                    (L) Paragraph (3) of section 9503(f) of such Code
                is amended to read as follows:
            ``(3) Partially exempt methanol or ethanol fuel.--In the
        case of a rate of tax determined under section 4041(m), the
        Highway Trust Fund financing rate is the excess (if any) of the
        rate so determined over--
                    ``(A) 5.55 cents per gallon after September 30,
                1993, and before October 1, 1995, and
                    ``(B) 4.3 cents per gallon after September 30,
                1995.''
    (e) Effective Date.--The amendments made by this section shall take
effect on January 1, 1998.
    (f) Floor Stock Taxes.--
            (1) Imposition of tax.--In the case of fuel alcohol which
        is held on January 1, 1998, by any person, there is hereby
        imposed a floor stocks tax of 18.4 cents per gallon.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding fuel
                alcohol on January 1, 1998, to which the tax imposed by
                paragraph (1) applies shall be liable for such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before June 30, 1998.
            (3) Definitions.--For purposes of this subsection--
                    (A) Fuel alcohol.--The term ``fuel alcohol'' has
                the meaning given such term by section 4083 of the
                Internal Revenue Code of 1986, as amended by this
                section.
                    (B) Held by a person.--Fuel alcohol shall be
                considered as ``held by a person'' if title thereto has
                passed to such person (whether or not delivery to the
                person has been made).
                    (C) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or his delegate.
            (4) Exception for exempt uses.--The tax imposed by
        paragraph (1) shall not apply to fuel alcohol held by any
        person exclusively for any use to the extent a credit or refund
        of the tax imposed by section 4081 of the Internal Revenue Code
        of 1986 is allowable for such use.
            (5) Exception for fuel held in vehicle tank.--No tax shall
        be imposed by paragraph (1) on fuel alcohol held in the tank of
        a motor vehicle or motorboat.
            (6) Exception for certain amounts of fuel.--
                    (A) In general.--No tax shall be imposed by
                paragraph (1) on fuel alcohol held on January 1, 1998,
                by any person if the aggregate amount of fuel alcohol
                held by such person on such date does not exceed 2,000
                gallons. The preceding sentence shall apply only if
                such person submits to the Secretary (at the time and
                in the manner required by the Secretary) such
                information as the Secretary shall require for purposes
                of this paragraph.
                    (B) Exempt fuel.--For purposes of subparagraph (A),
                there shall not be taken into account fuel held by any
                person which is exempt from the tax imposed by
                paragraph (1) by reason of paragraph (4) or (5).
                    (C) Controlled groups.--For purposes of this
                paragraph--
                            (i) Corporations.--
                                    (I) In general.--All persons
                                treated as a controlled group shall be
                                treated as 1 person.
                                    (II) Controlled group.--The term
                                ``controlled group'' has the meaning
                                given to such term by subsection (a) of
                                section 1563 of such Code; except that
                                for such purposes the phrase ``more
                                than 50 percent'' shall be substituted
                                for the phrase ``at least 80 percent''
                                each place it appears in such
                                subsection.
                            (ii) Nonincorporated persons under common
                        control.--Under regulations prescribed by the
                        Secretary, principles similar to the principles
                        of clause (i) shall apply to a group of persons
                        under common control where 1 or more of such
                        persons is not a corporation.
            (7) Other laws applicable.--All provisions of law,
        including penalties, applicable with respect to the taxes
        imposed by section 4081 of such Code shall, insofar as
        applicable and not inconsistent with the provisions of this
        subsection, apply with respect to the floor stock taxes imposed
        by paragraph (1) to the same extent as if such taxes were
        imposed by such section 4081.

Output:
Amends the Internal Revenue Code to terminate the credit for large producers of ethanol used as a fuel after 1997.  Disallows the credit for alcohol used to produce any ether.  Exempts from tax liquids sold for use or used in an off-highway business use.  Repeals the reduced rate on ethanol fuel produced from natural gas.  Provides for the tax treatment of fuel alcohol in the same manner as other motor fuels. Repeals the reduced rates on alcohol fuels.   Exempts partially, in the case of methanol or ethanol, the rate of tax determined under the Highway Trust Fund financing rate.
Imposes a floor stock tax on fuel alcohol held by any individual on a specified date and makes such individual liable for such tax. Exempts fuel alcohol held by any individual for any use to the extent a credit or refund of the tax imposed under current law is allowed. Prohibits the imposition of tax on fuel alcohol held in the tank of a motor vehicle or motorboat and for certain amounts of fuel.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coal Cleanup Taxpayer Protection
Act''.

SEC. 2. SURFACE COAL MINING BONDING.

    Section 509 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1259) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Alternative Bonding System.--The Secretary may approve as
part of a State or Federal program an alternative system that will--
            ``(1) achieve the objectives and purposes of the bonding
        program pursuant to this section; and
            ``(2) result in no greater risk of financial liability to
        the Federal Government or a State government than the bonding
        program under this section.''; and
            (2) by adding at the end the following:
    ``(f) Self-Bonding.--
            ``(1) Federal programs.--
                    ``(A) In general.--Effective on the date of
                enactment of this subsection, the Secretary--
                            ``(i) may not accept the bond of the
                        applicant itself (referred to in this
                        subsection as a `self-bond'); but
                            ``(ii) may accept a separate surety or
                        collateral bond, consistent with the terms
                        under subsection (b).
                    ``(B) Existing self-bonds.--For coal mining
                operations covered by a self-bond accepted by the
                Secretary prior to the date of enactment of this
                subsection, the permittee shall replace the self-bond
                with another form of bond acceptable to the Secretary
                under this section by not later than the earlier of--
                            ``(i) the date of renewal of the permit
                        under section 506(d); and
                            ``(ii) the date of any major permit
                        modification under section 506.
            ``(2) State programs.--
                    ``(A) In general.--Not later than 90 days after the
                date of enactment of this subsection, the Secretary
                shall notify all State regulatory authorities that
                allow applicants to self-bond that the approved
                regulatory programs of the State regulatory authority
                must be amended--
                            ``(i) to remove the authority for
                        applicants to self-bond; and
                            ``(ii) to require coal mining operations
                        covered by a self-bond accepted by the State
                        regulatory authority prior to the date of
                        enactment of this subsection to replace the
                        self-bond with another form of bond acceptable
                        under this section by not later than the
                        earlier of--
                                    ``(I) the date of renewal of the
                                permit under section 506(d); and
                                    ``(II) the date of any major permit
                                modification under section 506.
    ``(g) Bonds Issued by Surety.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this subsection, the Secretary shall issue rules
        establishing limitations on surety bonds accepted under this
        section to minimize the risk of financial liability to the
        Federal Government or a State government, including rules
        regarding--
                    ``(A) the maximum quantity of corporate surety
                bonds issued by any 1 corporate surety as a percentage
                of the total quantity of coal mine reclamation bonds in
                any 1 State;
                    ``(B) the minimum percentage of surety bonds
                unrelated to activities regulated pursuant to this Act
                required to reinsure corporate surety bonds;
                    ``(C) the minimum collateralization required for
                corporate surety bonds; and
                    ``(D) the minimum amount of cash assets required to
                be held by a corporate surety as a percentage of coal
                mine reclamation bonds issued by the corporate surety.
            ``(2) Existing corporate bonds.--Corporate surety bonds in
        existence on the date of enactment of this subsection must be
        modified or replaced as necessary by not later than 1 year
        after the date on which the rule is issued under paragraph (1).
    ``(h) Collateral Requirements.--Real property posted as collateral
for a bond may not include--
            ``(1) coal;
            ``(2) a coal mine;
            ``(3) land that includes a coal mine;
            ``(4) land that is located above a coal mine;
            ``(5) a coal processing facility;
            ``(6) a coal waste disposal site;
            ``(7) coal mining equipment unlikely to retain salvage or
        resale value; or
            ``(8) any other property determined by the Secretary.
    ``(i) Executive Compensation.--The Secretary may require the
inclusion of executive compensation, including salaries and bonuses of
officers and executives, of an applicant under this section, and any
affiliated company, as collateral for a bond under this section.''.

Output: Coal Cleanup Taxpayer Protection Act This bill amends the Surface Mining Control and Reclamation Act to prohibit the Office of Surface Mining and Reclamation Enforcement (OSMRE)and state regulatory authoritiesfrom accepting new self-bonds for coal reclamation.Additionally, any existing self-bonds or corporate bondsutilized for coal reclamationmust be converted to surety or collateral bonds. The OSMRE may approve state or federal alternative coal miningbond programs thatresult in no greater risk of financial liability to the federalgovernment than a surety or collateral bond program. The bill also requires the OSMRE to issue rules establishing limitations on surety bondsto minimize the financial liability to the federal or stategovernment.