Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``Dr. Chris
Kirkpatrick Whistleblower Protection Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.

                      TITLE I--EMPLOYEES GENERALLY

Sec. 101. Definitions.
Sec. 102. Stays; probationary employees.
Sec. 103. Prohibited personnel practices.
Sec. 104. Discipline of supervisors based on retaliation against
          whistleblowers.
Sec. 105. Suicide by employees.
Sec. 106. Training for supervisors.
Sec. 107. Information on whistleblower protections.

           TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

Sec. 201. Prevention of unauthorized access to medical records of
          employees of the Department of Veterans Affairs.
Sec. 202. Outreach on availability of mental health services available
          to employees of the Department of Veterans Affairs.
Sec. 203. Protocols to address threats against employees of the
          Department of Veterans Affairs.
Sec. 204. Comptroller General of the United States study on
          accountability of chiefs of police of Department of Veterans
          Affairs medical centers.

                      TITLE I--EMPLOYEES GENERALLY

    SEC. 101. DEFINITIONS.
    In this title--
        (1) the term ``agency''--
            (A) except as provided in subparagraph (B), means an entity
        that is an agency, as defined under section 2302 of title 5,
        United States Code, without regard to whether one or more
        portions of title 5 of the United States Code are inapplicable
        to the entity; and
            (B) does not include any entity that is an element of the
        intelligence community, as defined in section 3(4) of the
        National Security Act of 1947 (50 U.S.C. 3003(4));
        (2) the term ``employee'' means an employee (as defined in
    section 2105 of title 5, United States Code) of an agency; and
        (3) the term ``personnel action'' has the meaning given that
    term under section 2302 of title 5, United States Code.
    SEC. 102. STAYS; PROBATIONARY EMPLOYEES.
    (a) Request by Special Counsel.--Section 1214(b)(1) of title 5,
United States Code, is amended by adding at the end the following:
    ``(E) If the Merit Systems Protection Board grants a stay under
this subsection, the head of the agency employing the employee shall
give priority to a request for a transfer submitted by the employee.''.
    (b) Probationary Employees.--Section 1221 of title 5, United States
Code, is amended by adding at the end the following:
    ``(k) If the Merit Systems Protection Board grants a stay to an
employee in probationary status under subsection (c), the head of the
agency employing the employee shall give priority to a request for a
transfer submitted by the employee.''.
    (c) Study Regarding Retaliation Against Probationary Employees.--
The Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report discussing retaliation against employees in
probationary status.
    SEC. 103. PROHIBITED PERSONNEL PRACTICES.
    Section 2302(b) of title 5, United States Code, is amended--
        (1) in paragraph (12), by striking ``or'' at the end;
        (2) in paragraph (13), by striking the period at the end and
    inserting ``; or''; and
        (3) by inserting after paragraph (13) the following:
        ``(14) access the medical record of another employee or an
    applicant for employment as a part of, or otherwise in furtherance
    of, any conduct described in paragraphs (1) through (13).''.
    SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST
      WHISTLEBLOWERS.
    (a) In General.--Subchapter II of chapter 75 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against
    whistleblowers
    ``(a) Definitions.--In this section--
        ``(1) the term `agency'--
            ``(A) except as provided in subparagraph (B), means an
        entity that is an agency, as defined under section 2302,
        without regard to whether any other provision of this chapter
        is applicable to the entity; and
            ``(B) does not include any entity that is an element of the
        intelligence community, as defined in section 3(4) of the
        National Security Act of 1947 (50 U.S.C. 3003(4));
        ``(2) the term `prohibited personnel action' means taking or
    failing to take an action in violation of paragraph (8), (9), or
    (14) of section 2302(b) against an employee of an agency; and
        ``(3) the term `supervisor' means an employee who would be a
    supervisor, as defined under section 7103(a), if the entity
    employing the employee was an agency.
    ``(b) Proposed Disciplinary Actions.--
        ``(1) In general.--If the head of the agency employing a
    supervisor, an administrative law judge, the Merit Systems
    Protection Board, the Special Counsel, a judge of the United
    States, or the Inspector General of the agency employing a
    supervisor determines that the supervisor has committed a
    prohibited personnel action, the head of the agency employing the
    supervisor, in accordance with the procedures required under
    paragraph (2)--
            ``(A) for the first prohibited personnel action committed
        by a supervisor--
                ``(i) shall propose suspending the supervisor for a
            period of not less than 3 days; and
                ``(ii) may, in addition to a suspension described in
            clause (i), propose any other action, including a reduction
            in grade or pay, that the head of the agency determines
            appropriate; and
            ``(B) for the second prohibited personnel action committed
        by a supervisor, shall propose removing the supervisor.
        ``(2) Procedures.--
            ``(A) Notice.--A supervisor against whom an action is
        proposed to be taken under paragraph (1) is entitled to written
        notice--
                ``(i) stating the specific reasons for the proposed
            action; and
                ``(ii) informing the supervisor of the right of the
            supervisor to review the material which is relied on to
            support the reasons for the proposed action.
            ``(B) Answer and evidence.--
                ``(i) In general.--A supervisor who is notified under
            subparagraph (A) that the supervisor is the subject of a
            proposed action under paragraph (1) is entitled to 14 days
            following such notification to answer and furnish evidence
            in support of the answer.
                ``(ii) No evidence furnished; insufficient evidence.--
            After the end of the 14-day period described in clause (i),
            if a supervisor does not furnish evidence as described in
            clause (i) or if the head of the agency determines that
            such evidence is not sufficient to reverse the proposed
            action, the head of the agency shall carry out the action.
            ``(C) Scope of procedures.--An action carried out under
        this section--
                ``(i) except as provided in clause (ii), shall be
            subject to the same requirements and procedures (including
            regarding appeals) as an action under section 7503, 7513,
            or 7543; and
                ``(ii) shall not be subject to--

                    ``(I) paragraphs (1) and (2) of section 7503(b);
                    ``(II) paragraphs (1) and (2) of subsection (b) and
                subsection (c) of section 7513; or
                    ``(III) paragraphs (1) and (2) of subsection (b)
                and subsection (c) of section 7543.

        ``(3) Delegation.--
            ``(A) In general.--Except as provided in paragraph (B), the
        head of an agency may delegate any authority or responsibility
        under this subsection.
            ``(B) Nondelegability of determination regarding prohibited
        personnel action.--If the head of an agency is responsible for
        determining whether a supervisor has committed a prohibited
        personnel action for purposes of paragraph (1), the head of the
        agency may not delegate that responsibility.''.
    (b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 75 of title 5, United States Code, is amended
by adding at the end the following:

``7515. Discipline of supervisors based on retaliation against
          whistleblowers.''.
    SEC. 105. SUICIDE BY EMPLOYEES.
    (a) Referral.--The head of an agency shall refer to the Special
Counsel, along with any information known to the agency regarding the
circumstances described in paragraphs (2) and (3), any instance in
which the head of the agency has information indicating--
        (1) an employee of the agency committed suicide;
        (2) prior to the death of the employee, the employee made any
    disclosure of information which reasonably evidences--
            (A) any violation of any law, rule, or regulation; or
            (B) gross mismanagement, a gross waste of funds, an abuse
        of authority, or a substantial and specific danger to public
        health or safety; and
        (3) after a disclosure described in paragraph (2), a personnel
    action was taken against the employee.
    (b) Office of Special Counsel Review.--For any referral to the
Special Counsel under subsection (a), the Special Counsel shall--
        (1) examine whether any personnel action was taken because of
    any disclosure of information described in subsection (a)(2); and
        (2) take any action the Special Counsel determines appropriate
    under subchapter II of chapter 12 of title 5, United States Code.
    SEC. 106. TRAINING FOR SUPERVISORS.
    In consultation with the Special Counsel and the Inspector General
of the agency (or senior ethics official of the agency for an agency
without an Inspector General), the head of each agency shall provide
training regarding how to respond to complaints alleging a violation of
whistleblower protections (as defined in section 2307 of title 5,
United States Code, as added by section 107) available to employees of
the agency--
        (1) to employees appointed to supervisory positions in the
    agency who have not previously served as a supervisor; and
        (2) on an annual basis, to all employees of the agency serving
    in a supervisory position.
    SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS.
    (a) Existing Provision.--
        (1) In general.--Section 2302 of title 5, United States Code,
    is amended--
            (A) by striking subsection (c); and
            (B) by redesignating subsections (d), (e), and (f) as
        subsections (c), (d), and (e), respectively.
        (2) Technical and conforming amendments.--
            (A) Section 4505a(b)(2) of title 5, United States Code, is
        amended by striking ``section 2302(d)'' and inserting ``section
        2302(c)''.
            (B) Section 5755(b)(2) of title 5, United States Code, is
        amended by striking ``section 2302(d)'' and inserting ``section
        2302(c)''.
            (C) Section 110(b)(2) of the Whistleblower Protection
        Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by
        striking ``section 2302(f)(1) or (2)'' and inserting ``section
        2302(e)(1) or (2)''.
            (D) Section 1217(d)(3) of the Panama Canal Act of 1979 (22
        U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)''
        and inserting ``section 2302(c)''.
            (E) Section 1233(b) of the Panama Canal Act of 1979 (22
        U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' and
        inserting ``section 2302(c)''.
    (b) Provision of Information.--Chapter 23 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
    ``(a) Definitions.--In this section--
        ``(1) the term `agency'--
            ``(A) except as provided in subparagraph (B), has the
        meaning given that term in section 2302; and
            ``(B) does not include any entity that is an element of the
        intelligence community, as defined in section 3(4) of the
        National Security Act of 1947 (50 U.S.C. 3003(4));
        ``(2) the term `new employee' means an individual--
            ``(A) appointed to a position as an employee of an agency
        on or after the date of enactment of the Dr. Chris Kirkpatrick
        Whistleblower Protection Act of 2017; and
            ``(B) who has not previously served as an employee; and
        ``(3) the term `whistleblower protections' means the
    protections against and remedies for a prohibited personnel
    practice described in paragraph (8), subparagraph (A)(i), (B), (C),
    or (D) of paragraph (9), or paragraph (14) of section 2302(b).
    ``(b) Responsibilities of Head of Agency.--The head of each agency
shall be responsible for the prevention of prohibited personnel
practices, for the compliance with and enforcement of applicable civil
service laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Special Counsel
and the Inspector General of the agency) that employees of the agency
are informed of the rights and remedies available to them under this
chapter and chapter 12, including--
        ``(1) information regarding whistleblower protections available
    to new employees during the probationary period;
        ``(2) the role of the Office of Special Counsel and the Merit
    Systems Protection Board with regard to whistleblower protections;
    and
        ``(3) how to make a lawful disclosure of information that is
    specifically required by law or Executive order to be kept
    classified in the interest of national defense or the conduct of
    foreign affairs to the Special Counsel, the Inspector General of an
    agency, Congress, or other agency employee designated to receive
    such disclosures.
    ``(c) Timing.--The head of each agency shall ensure that the
information required to be provided under subsection (b) is provided to
each new employee of the agency not later than 6 months after the date
the new employee begins performing service as an employee.
    ``(d) Information Online.--The head of each agency shall make
available information regarding whistleblower protections applicable to
employees of the agency on the public website of the agency, and on any
online portal that is made available only to employees of the agency if
one exists.
    ``(e) Delegees.--Any employee to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall, within the limits of the scope of the delegation, be
responsible for the activities described in subsection (b).''.
    (c) Technical and Conforming Amendment.--The table of sections for
chapter 23 of title 5, United States Code, is amended by adding at the
end the following:

``2307. Information on whistleblower protections.''.

           TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

    SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF
      EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
    (a) Development of Plan.--
        (1) In general.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Veterans Affairs shall--
            (A) develop a plan to prevent access to the medical records
        of employees of the Department of Veterans Affairs by employees
        of the Department who are not authorized to access such
        records;
            (B) submit to the appropriate committees of Congress the
        plan developed under subparagraph (A); and
            (C) upon request, provide a briefing to the appropriate
        committees of Congress with respect to the plan developed under
        subparagraph (A).
        (2) Elements.--The plan required under paragraph (1) shall
    include the following:
            (A) A detailed assessment of strategic goals of the
        Department for the prevention of unauthorized access to the
        medical records of employees of the Department.
            (B) A list of circumstances in which an employee of the
        Department who is not a health care provider or an assistant to
        a health care provider would be authorized to access the
        medical records of another employee of the Department.
            (C) Steps that the Secretary will take to acquire new or
        implement existing technology to prevent an employee of the
        Department from accessing the medical records of another
        employee of the Department without a specific need to access
        such records.
            (D) Steps the Secretary will take, including plans to issue
        new regulations, as necessary, to ensure that an employee of
        the Department may not access the medical records of another
        employee of the Department for the purpose of retrieving
        demographic information if that demographic information is
        available to the employee in another location or through
        another format.
            (E) A proposed timetable for the implementation of such
        plan.
            (F) An estimate of the costs associated with implementing
        such plan.
    (b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
        (1) the Committee on Homeland Security and Governmental Affairs
    and the Committee on Veterans' Affairs of the Senate; and
        (2) the Committee on Oversight and Government Reform and the
    Committee on Veterans' Affairs of the House of Representatives.
    SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES
      AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
    The Secretary of Veterans Affairs shall conduct a program of
outreach to employees of the Department of Veterans Affairs to inform
those employees of any mental health services, including telemedicine
options, that are available to them.
    SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE
      DEPARTMENT OF VETERANS AFFAIRS.
    The Secretary of Veterans Affairs shall ensure protocols are in
effect to address threats from individuals receiving health care from
the Department of Veterans Affairs directed towards employees of the
Department who are providing such health care.
    SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
      ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS
      AFFAIRS MEDICAL CENTERS.
    The Comptroller General of the United States shall conduct a study
to assess the reporting, staffing, accountability, and chain of command
structure of the Department of Veterans Affairs police officers at
medical centers of the Department.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output: (This measure has not been amended since it was reported to the Senate on May 4, 2017 .  Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers.  (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites.  TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care.  (Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers.


Input:
SECTION 1. LAKE PONTCHARTRAIN, LOUISIANA.

    (a) Authority of Secretary of the Army.--The project authorized by
section 204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat.
1077) and modified by section 7012(a)(2) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1279), the
Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat.
454) and Supplemental Appropriations Act, 2008 (Public Law 110-252; 122
Stat. 2350) is further modified to authorize the Secretary of the Army
to construct a pumping station that shall be specifically designed to
evacuate storm water from the area known as Hoey's Basin, as--
            (1) generally described in the report entitled ``U.S. Army
        Corps of Engineers Individual Environmental Report #5;
        Permanent Protection System for the Outfall Canals project on
        17th Street, Orleans Avenue, and London Avenue Canals''; and
            (2) more specifically described under the ``Pump to the
        Mississippi River'' option contained in the report described in
        paragraph (1).
    (b) Authorized Cost.--The total cost of the project authorized
under subsection (a) shall be $205,000,000.
    (c) Federal Share.--The Federal share of the cost of the project
authorized under this Act shall be performed only in accordance with
the Federal cost share provided for under the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 454) and the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2350).
    (d) Definitions.--In this section:
            (1) Project.--The term ``project'' means the project for
        permanent pumps and canal modifications authorized by section
        204 of Flood Control Act of 1965 (Public Law 89-298; 79 Stat.
        1077), modified by section 7012(a)(2) of the Water Resources
        Development Act of 2007 (Public Law 110-114; 121 Stat. 1279),
        the Emergency Supplemental Appropriations Act for Defense, the
        Global War on Terror, and Hurricane Recovery, 2006 (Public Law
        109-234; 120 Stat. 454) and the Supplemental Appropriations
        Act, 2008 (Public Law 110-252; 122 Stat. 2350); and further
        modified by section (a) of this Act.
            (2) Project report.--The term ``project report'' means the
        report--
                    (A) submitted by the Secretary to Congress;
                    (B) dated August 30, 2007; and
                    (C) provided in response to the requirements
                described in section 4303 of the U.S. Troop Readiness,
                Veterans' Care, Katrina Recovery, and Iraq
                Accountability Appropriations Act, 2007 (Public Law
                110-28; 121 Stat. 154) as the basis for complying with
                the requirements of--
                            (i) the project; and
                            (ii) the modifications to the 17th Street,
                        Orleans Avenue, and London Avenue canals in and
                        near the city of New Orleans carried out under
                        the project.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Army.
    (e) Duties of the Secretary.--
            (1) Study; report.--
                    (A) Study.--Upon enactment of this Act, the
                Secretary shall conduct a study under which the
                Secretary shall carry out--
                            (i) an analysis of the residual risks
                        associated with options 1, 2, and 2a, as
                        described in the project report; and
                            (ii) an independent peer review of the
                        effectiveness of concept designs and
                        preliminary cost estimates associated with each
                        option.
                    (B) Reports.--Not later than 180 days after the
                date of enactment of this Act, the Secretary shall
                submit to the Committee on Appropriations of the House
                of Representatives and the Committee on Appropriations
                of the Senate a report that--
                            (i) contains the results of the study
                        conducted under subparagraph (A); and
                            (ii) identifies the option contained in the
                        project report that--
                                    (I) is more technically
                                advantageous;
                                    (II) is more effective from an
                                operational perspective in providing
                                greater reliability and reducing the
                                risk of flooding to the New Orleans
                                area over the long term; and
                                    (III) if implemented, would--
                                            (aa) increase the overall
                                        drainage capacity of the
                                        region;
                                            (bb) reduce local flooding
                                        to the greatest extent
                                        practicable; and
                                            (cc) provide the greatest
                                        system flexibility.
            (2) Implementation.--Effective on the date on which the
        Secretary submits the report under paragraph (1)(B), the
        Secretary shall resume the implementation of the project in
        accordance with the option selected by the Secretary under the
        report and without regard to the funds available, is directed
        under this Act to implement the option contained in the report
        that is found to be more technically advantageous and more
        effective from an operational perspective in providing greater
        reliability and reducing the risk of flooding to the New
        Orleans area over the long term.

Output:
Modifies the Lake Pontchartrain flood control project, Louisiana, to authorize the Secretary of the Army to construct a pumping station specifically designed to evacuate storm water from the Hoey's Basin area at a specified cost and federal share.

Requires the Secretary to: (1) conduct a study to carry out an analysis of the residual risks associated with specified options described in the project report and an independent peer review of the effectiveness of concept designs and preliminary cost estimates associated with each option; (2) report to specified congressional committees regarding the option that is more technically advantageous and more effective from an operational perspective in providing greater reliability and reducing the risk of flooding to the New Orleans area over the long term and that would increase the overall drainage capacity of the region, reduce local flooding to the greatest extent practicable, and provide the greatest system flexibility; and (3) resume project implementation with that option without regard to the funds available.


Input:
SECTION 1. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Administration.--The term ``Administration'' means the
        Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of the Federal Aviation Administration.
            (3) Air transportation.--The term ``air transportation''
        means foreign air transportation, interstate air
        transportation, or the transportation of mail by aircraft.
            (4) Aircraft.--The term ``aircraft'' means any contrivance
        invented, used, or designed to navigate, or fly in, the air.
            (5) Function.--The term ``function'' means any duty,
        obligation, power, authority, responsibility, right, privilege,
        activity, or program.
            (6) Office.--The term ``office'' includes any office,
        administration, agency, institute, unit, organizational entity,
        or component thereof.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Transportation.

SEC. 2. REORGANIZATION.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall reorganize the Federal Aviation Administration in
accordance with this Act.
    (b) Transfer of Functions.--In carrying out the reorganization
under this Act, the Secretary shall transfer to another office of the
Department any function of the Administration that is not directly
related to the promotion of air safety.
    (c) Use of Funds.--In carrying out the reorganization under this
Act, the Secretary is authorized to use funds made available for the
Administration for the functions transferred to other offices of the
Department under subsection (b)(1) to carry out those functions.

SEC. 3. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--Until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary or other authorized official, a court of
competent jurisdiction, or by operation of law, all orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions shall continue if they are--
            (1) issued, made, granted, or allowed to become effective
        by the President, any Federal agency or official thereof, or by
        a court of competent jurisdiction, in the performance of
        functions that are transferred under this Act; and
            (2) in effect on the date of enactment of this Act, or were
        final before the date of enactment of this Act and are to
        become effective on or after such date.
    (b) Proceedings Not Affected.--
            (1) In general.--The provisions of this Act shall not
        affect any proceedings, including notices of proposed
        rulemaking, or any application for any license, permit, or
        financial assistance pending before the Federal Aviation
        Administration on the date of enactment of this Act, and those
        proceedings and applications shall be continued. Orders shall
        be issued in such proceedings, appeals shall be taken
        therefrom, and payments shall be made pursuant to such orders,
        as if this title had not been enacted, and shall continue in
        effect until modified, terminated, superseded, or revoked by a
        duly authorized official, by a court of competent jurisdiction,
        or by operation of law.
            (4) Rule of construction.--Nothing in this subsection may
        be construed to prohibit the discontinuance or modification of
        any proceeding referred to in paragraph (1) under the same
        terms and conditions, and to the same extent, that such
        proceeding could have been discontinued if this Act had not
        been enacted.
    (c) Suits Not Affected.--The provisions of this Act shall not
affect suits commenced before the date of enactment of this Act. In all
such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Federal Aviation Administration or by and
against any individual in the official capacity of such individual as
an officer of the Federal Aviation Administration, shall abate by
reason of the enactment of this Act.
    (e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Federal Aviation Administration
relating to a function transferred under this title may be continued by
the Department with the same effect as if this title had not been
enacted.

SEC. 4. REFERENCES.

    Reference in any other Federal law, Executive order, regulation, or
any document relating to--
            (1) the Administrator, with regard to the functions
        transferred under section 2, shall be deemed to refer to the
        Secretary; and
            (2) the Administration, with regard to functions
        transferred under section 2, shall be deemed to refer to the
        Department.

SEC. 5. RECOMMENDED LEGISLATION.

    Not later than 180 days after the date of enactment of this Act,
the Secretary shall prepare and submit to the Congress recommended
legislation containing technical and conforming amendments (including
amendments to subtitle VII of title 49, United States Code) to reflect
the changes made by this Act.

Output: Directs the Secretary of Transportation to reorganize the Federal Aviation Administration (FAA) by transferring to another office of the Department of Transportation any function of the FAA that is not directly related to the promotion of air safety.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Retirement Inflation Protection Act
of 2016''.

SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
              LOSS OF ELIGIBLE INDIVIDUALS.

    (a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 1023
as section 1024 and by inserting after section 1022 the following new
section:

``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
              GAIN OR LOSS OF ELIGIBLE INDIVIDUALS.

    ``(a) In General.--
            ``(1) Indexed basis substituted for adjusted basis.--Solely
        for purposes of determining gain or loss on the sale or other
        disposition by an eligible individual of an indexed asset which
        has been held by such individual for more than 3 years, the
        indexed basis of the asset shall be substituted for its
        adjusted basis.
            ``(2) Exception for depreciation, etc.--The deductions for
        depreciation, depletion, and amortization shall be determined
        without regard to the application of paragraph (1) to the
        taxpayer or any other person.
            ``(3) Written documentation requirement.--Paragraph (1)
        shall apply only with respect to indexed assets for which the
        taxpayer has written documentation of the original purchase
        price paid or incurred by the taxpayer to acquire such asset.
    ``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any indexed asset, any
individual if such individual has attained age 59\1/2\ as of the date
of the sale or other disposition of such asset.
    ``(c) Indexed Asset.--
            ``(1) In general.--For purposes of this section, the term
        `indexed asset' means--
                    ``(A) common stock in a C corporation (other than a
                foreign corporation), or
                    ``(B) tangible property,
        which is a capital asset or property used in the trade or
        business (as defined in section 1231(b)).
            ``(2) Stock in certain foreign corporations included.--For
        purposes of this section--
                    ``(A) In general.--The term `indexed asset'
                includes common stock in a foreign corporation which is
                regularly traded on an established securities market.
                    ``(B) Exception.--Subparagraph (A) shall not apply
                to--
                            ``(i) stock of a foreign investment
                        company,
                            ``(ii) stock in a passive foreign
                        investment company (as defined in section
                        1296),
                            ``(iii) stock in a foreign corporation held
                        by a United States person who meets the
                        requirements of section 1248(a)(2), and
                            ``(iv) stock in a foreign personal holding
                        company.
                    ``(C) Treatment of american depository receipts.--
                An American depository receipt for common stock in a
                foreign corporation shall be treated as common stock in
                such corporation.
    ``(d) Indexed Basis.--For purposes of this section--
            ``(1) In general.--The indexed basis for any asset is--
                    ``(A) the adjusted basis of the asset, increased by
                    ``(B) the applicable inflation adjustment.
            ``(2) Applicable inflation adjustment.--The applicable
        inflation adjustment for any asset is an amount equal to--
                    ``(A) the adjusted basis of the asset, multiplied
                by
                    ``(B) the percentage (if any) by which--
                            ``(i) the gross domestic product deflator
                        for the last calendar quarter ending before the
                        asset is disposed of, exceeds
                            ``(ii) the gross domestic product deflator
                        for the last calendar quarter ending before the
                        asset was acquired by the taxpayer.
        The percentage under subparagraph (B) shall be rounded to the
        nearest \1/10\ of 1 percentage point.
            ``(3) Gross domestic product deflator.--The gross domestic
        product deflator for any calendar quarter is the implicit price
        deflator for the gross domestic product for such quarter (as
        shown in the last revision thereof released by the Secretary of
        Commerce before the close of the following calendar quarter).
    ``(e) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
            ``(1) In general.--If the taxpayer (or a related person)
        enters into any transaction which substantially reduces the
        risk of loss from holding any asset, such asset shall not be
        treated as an indexed asset for the period of such reduced
        risk.
            ``(2) Short sales.--
                    ``(A) In general.--In the case of a short sale of
                an indexed asset with a short sale period in excess of
                3 years, for purposes of this title, the amount
                realized shall be an amount equal to the amount
                realized (determined without regard to this paragraph)
                increased by the applicable inflation adjustment. In
                applying subsection (d)(2) for purposes of the
                preceding sentence, the date on which the property is
                sold short shall be treated as the date of acquisition
                and the closing date for the sale shall be treated as
                the date of disposition.
                    ``(B) Short sale period.--For purposes of
                subparagraph (A), the short sale period begins on the
                day that the property is sold and ends on the closing
                date for the sale.
    ``(f) Dispositions Between Related Persons.--
            ``(1) In general.--This section shall not apply to any sale
        or other disposition of property between related persons except
        to the extent that the basis of such property in the hands of
        the transferee is a substituted basis.
            ``(2) Related persons defined.--For purposes of this
        section, the term `related persons' means--
                    ``(A) persons bearing a relationship set forth in
                section 267(b), and
                    ``(B) persons treated as single employer under
                subsection (b) or (c) of section 414.
    ``(g) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
    ``(h) Special Rules.--For purposes of this section--
            ``(1) Treatment of improvements, etc.--If there is an
        addition to the adjusted basis of any tangible property or of
        any stock in a corporation during the taxable year by reason of
        an improvement to such property or a contribution to capital of
        such corporation--
                    ``(A) such addition shall never be taken into
                account under subsection (d)(1)(A) if the aggregate
                amount thereof during the taxable year with respect to
                such property or stock is less than $1,000, and
                    ``(B) such addition shall be treated as a separate
                asset acquired at the close of such taxable year if the
                aggregate amount thereof during the taxable year with
                respect to such property or stock is $1,000 or more.
        A rule similar to the rule of the preceding sentence shall
        apply to any other portion of an asset to the extent that
        separate treatment of such portion is appropriate to carry out
        the purposes of this section.
            ``(2) Assets which are not indexed assets throughout
        holding period.--The applicable inflation adjustment shall be
        appropriately reduced for periods during which the asset was
        not an indexed asset.
            ``(3) Treatment of certain distributions.--A distribution
        with respect to stock in a corporation which is not a dividend
        shall be treated as a disposition.
            ``(4) Section cannot increase ordinary loss.--To the extent
        that (but for this paragraph) this section would create or
        increase a net ordinary loss to which section 1231(a)(2)
        applies or an ordinary loss to which any other provision of
        this title applies, such provision shall not apply. The
        taxpayer shall be treated as having a long-term capital loss in
        an amount equal to the amount of the ordinary loss to which the
        preceding sentence applies.
            ``(5) Acquisition date where there has been prior
        application of subsection (a)(1) with respect to the
        taxpayer.--If there has been a prior application of subsection
        (a)(1) to an asset while such asset was held by the taxpayer,
        the date of acquisition of such asset by the taxpayer shall be
        treated as not earlier than the date of the most recent such
        prior application.
    ``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
    (b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of such Code is amended by striking the item
relating to section 1023 and by inserting after the item relating to
section 1022 the following new items:

``Sec. 1022. Indexing of certain assets for purposes of determining
                            gain or loss.
``Sec. 1023. Cross references.''.
    (c) Effective Date.--The amendments made by this section shall
apply to indexed assets acquired by the taxpayer after December 31,
2016, in taxable years ending after such date.

Output: Retirement Inflation Protection Act of 2016  This bill amends the Internal Revenue Code to allow the adjusted basis of certain assets (including common stock in a C corporation and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of individuals who: (1) have held the asset for more than 3 years, and (2) have attained the age of 59-1/2 as of the date of the sale or other disposition of the asset.  The bill sets forth rules for applying the inflation adjustment to short sales, dispositions between related persons, and improvements to property or contributions of capital.  The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civilian Facilities Closure and
Realignment Act of 1993''.

SEC. 2. PURPOSE.

    The purpose of this Act is to reduce unnecessary spending in the
Federal Government by closing or realigning duplicative, wasteful, or
otherwise unnecessary civilian facilities, including facilities that--
            (1) have a cost to the Federal Government that is out of
        proportion to the benefits provided through the facility; or
            (2) fail to further any legitimate goal or mission of the
        administering agency.

SEC. 3. THE CIVILIAN FACILITIES CLOSURE AND REALIGNMENT COMMISSION.

    (a) Establishment.--There is established an independent commission
to be known as the ``Civilian Facilities Closure and Realignment
Commission''.
    (b) Duties.--The Commission shall carry out the duties specified
for it in this Act.
    (c) Appointment.--(1)(A) The Commission shall be composed of seven
members appointed by the President, by and with the advice and consent
of the Senate.
    (B) No later than January 1, 1994, the President shall submit to
the Senate the nominations for appointment to the Commission.
    (2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with--
            (A) the Speaker of the House of Representatives concerning
        the appointment of one member;
            (B) the majority leader of the Senate concerning the
        appointment of one member;
            (C) the minority leader of the House of Representatives
        concerning the appointment of one member; and
            (D) the minority leader of the Senate concerning the
        appointment of one member.
    (3) At the time the President nominates individuals for appointment
to the Commission, the President shall designate one such individual
who shall serve as Chairman of the Commission.
    (d) Terms.--Each member of the Commission shall serve until
December 31, 1995, and may only be removed by the President for cause.
    (e) Meetings.--(1) Each meeting of the Commission, other than
meetings in which classified information is to be discussed, shall be
open to the public.
    (2) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to any Member or committee of
the Congress.
    (f) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment, but the individual appointed
to fill the vacancy shall serve only for the unexpired portion of the
term for which the individual's predecessor was appointed.
    (g) Pay and Travel Expenses.--(1)(A) Each member, other than the
Chairman, shall be paid at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission.
    (B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the minimum
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
    (2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
    (h) Director of Staff.--(1) The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a Director who
has not served as a Federal employee during the one-year period
preceding the date of such appointment.
    (2) The Director shall be paid at the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
    (i) Staff.--(1) Subject to paragraphs (2) and (3), the Director,
with the approval of the Commission, may appoint and fix the pay of
additional personnel.
    (2) The Director may make such appointments without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may not
receive pay in excess of the maximum annual rate of basic pay payable
for a position above GS-15 of the General Schedule.
    (3) Upon request of the Director, the head of any Federal
department or agency may detail any of the personnel of that department
or agency to the Commission to assist the Commission in carrying out
its duties under this Act.
    (4) The Comptroller General of the United States shall provide
assistance, including the detailing of employees, to the Commission in
accordance with an agreement entered into with the Commission.
    (j) Consultants and Property.--(1) The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to section
3109 of title 5, United States Code.
    (2) The Commission may lease space and acquire personal property to
the extent funds are available.
    (k) Funding.--There are authorized to be appropriated to the
Commission such funds as are necessary to carry out its duties under
this Act. Such funds shall remain available until expended.
    (l) Termination.--The Commission shall terminate on December 31,
1995.

SEC. 4. RECOMMENDATIONS AND REPORT FOR CIVILIAN FACILITY CLOSURES AND
              REALIGNMENTS.

    (a) Agency Recommendations.--(1) No later than June 1, 1994, each
head of an executive agency as defined under section 105 of title 5,
United States Code (except for the Secretary of Defense with regard to
the Department of Defense) shall submit to the Commission
recommendations for closing or realigning civilian facilities
administered by such agency. The recommendations shall include a
statement providing rationale for the recommended closure or
realignment.
    (2) The Office of Management and Budget shall submit to the
Commission with each recommendation submitted under paragraph (1), an
estimate of the administrative costs and savings that would result from
the implementation of such recommendation for the 5 fiscal years
following such implementation.
    (b) Review and Recommendations by the Commission.--(1) After
receiving the recommendations from the heads of executive agencies
under subsection (a), the Commission shall conduct public hearings on
the recommendations. Such hearings shall be conducted in Washington,
D.C. and in affected regions throughout the United States.
    (2)(A) No later than June 1, 1995, the Commission shall submit to
the President a report containing--
            (i) the Commission's findings and conclusions based on a
        review and analysis of the recommendations made by the heads of
        executive agencies and from public hearings;
            (ii) the Commission's recommendations for closures and
        realignments of Federal facilities; and
            (iii) proposed legislation (containing specific language
        proposed to be enacted) to implement the Commission's
        recommendations.
    (B) Subject to subparagraph (C), in making its recommendations, the
Commission may make changes in any of the recommendations made by the
heads of executive agencies.
    (C) In the case of a change described in subparagraph (D) in the
recommendations made by the heads of executive agencies, the Commission
may make the change only if the Commission--
            (i) publishes a notice of the proposed change in the
        Federal Register not less than 30 days before submitting its
        recommendations to the President under subparagraph (A); and
            (ii) conduct a public hearing on the proposed change.
    (D) Subparagraph (C) shall apply to a change by the Commission in
the heads of executive agencies' recommendations that would--
            (i) add a facility to the list of facilities recommended by
        the applicable head of an executive agency for closure;
            (ii) add a facility to the list of facilities recommended
        by the applicable head of an executive agency for realignment;
        or
            (iii) increase the extent of a realignment of a particular
        facility recommended by the applicable head of an executive
        agency.
    (3) The Commission shall explain and justify in its report
submitted to the President under paragraph (2) any recommendation made
by the Commission that is different from the recommendations made by
the heads of the executive agencies under subsection (a). The
Commission shall submit a copy of such report to the Congress on the
same date on which it submits its recommendations to the President
under paragraph (2).
    (4) After the Commission submits recommendations to the President
under this subsection, the Commission shall promptly provide, upon
request, to any Member or committee of Congress information used by the
Commission in making its recommendations.
    (5) The Comptroller General of the United States shall--
            (A) assist the Commission, to the extent requested, in the
        Commission's review and analysis of the recommendations made by
        the heads of the executive agencies under subsection (c); and
            (B) submit to the Congress and to the Commission a report
        containing a detailed analysis of the heads of executive
        agencies' recommendations and selection process, including an
        assessment of whether such recommendations comply with the
        purposes of this Act.
    (c) Review by the President.--(1) No later than September 1, 1995,
the President shall approve or disapprove the report submitted under
subsection (b)(2)(A).
    (2) If the report is approved the President shall submit the report
to the Congress for legislative action under section 5.
    (3) If the President disapproves the report, the President shall
report specific issues and objections, including the reasons for any
changes recommended in the report, to the Commission and the Congress.
    (4) The Commission shall consider any issues or objections raised
by the President and may modify the report based on such issues and
objections. No later than 30 days after receipt of the President's
disapproval under paragraph (3), the Commission shall submit the final
report (as modified if modified) to the Congress for legislative action
under section 5.

SEC. 5. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.

    (a) Definitions.--For purposes of this section--
            (1) the term ``implementation bill'' means only a bill
        which is introduced as provided under subsection (b), and
        contains the proposed legislation contained in the final report
        submitted to the Congress under section 4(c) (2) or (4) without
        modification; and
            (2) the term ``session day'' means a day that both the
        Senate and the House of Representatives are in session.
    (b) Introduction and Referral.--(1) On the first session day on or
immediately following the date on which a final report is submitted to
the Congress under section 4(c) (2) or (4), an implementation bill
shall be introduced--
            (A) in the Senate by the Majority Leader of the Senate, for
        himself, the Minority Leader of the Senate, or by Members of
        the Senate designated by the Majority Leader and Minority
        Leader of the Senate; and
            (B) in the House of Representatives by the Majority Leader
        of the House of Representatives, for himself and the Minority
        Leader of the House of Representatives, or by Members of the
        House of Representatives designated by the Majority Leader and
        Minority Leader of the House of Representatives.
    (2) The implementation bill introduced in the Senate shall be
referred concurrently to the Committee on Governmental Affairs of the
Senate, and other committees with jurisdiction. The implementation bill
introduced in the House of Representatives shall be referred
concurrently to the Committee on Government Operations of the House of
Representatives, and other committees with jurisdiction.
    (c) Discharge.--If the committee to which an implementation bill is
referred has not reported such bill by the end of the 15 session day
period beginning on the date of introduction of such bill, such
committee shall be, at the end of such period, discharged from further
consideration of such bill, and such bill shall be placed on the
appropriate calendar of the House involved.
    (d) Consideration.--(1) On or after the fifth session day after the
date on which the committee to which such a bill is referred has
reported, or has been discharged (under subsection (c)) from further
consideration of, such a bill, it is in order (even though a previous
motion to the same effect has been disagreed to) for any Member of the
respective House to move to proceed to the consideration of the
implementation bill (but only on the day after the calendar day on
which such Member announces to the House concerned the Member's
intention to do so). All points of order against the implementation
bill (and against consideration of the implementation bill) are waived.
The motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the
implementation bill is agreed to, the respective House shall
immediately proceed to consideration of the implementation bill without
intervening motion, order, or other business, and the implementation
bill shall remain the unfinished business of the respective House until
disposed of.
    (2) Debate on the implementation bill, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the Majority Leader
and the Minority Leader or their designees. An amendment to the
implementation bill is not in order. A motion further to limit debate
is in order and not debatable. A motion to postpone, or a motion to
proceed to the consideration of other business, or a motion to recommit
the implementation bill is not in order. A motion to reconsider the
vote by which the implementation bill is agreed to or disagreed to is
not in order.
    (3) Immediately following the conclusion of the debate on an
implementation bill and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the appropriate
House, the vote on final passage of the implementation bill shall
occur.
    (4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to an implementation bill
shall be decided without debate.
    (e) Consideration by Other House.--(1) If, before the passage by
one House of an implementation bill of that House described in
subsection (a), that House receives from the other House an
implementation bill described in subsection (a), then the following
procedures shall apply:
            (A) The implementation bill of the other House shall not be
        referred to a committee and may not be considered in the House
        receiving it except in the case of final passage as provided in
        subparagraph (B)(ii).
            (B) With respect to an implementation bill described in
        subsection (a) of the House receiving such bill--
                    (i) the procedure in that House shall be the same
                as if no implementation bill had been received from the
                other House; but
                    (ii) the vote on final passage shall be on the
                implementation bill of the other House, except that if
                the implementation bill is a bill for the raising of
                revenue, the vote of final passage shall be upon the
                implementation bill which originates in the House of
                Representatives.
    (2) Upon disposition of the implementation bill received from the
other House, it shall no longer be in order to consider the
implementation bill that originated in the receiving House.
    (f) Rules of the Senate and House.--This section is enacted by
Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, respectively, and as such it is
        deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of an implementation bill described in
        subsection (a), and it supersedes other rules only to the
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

SEC. 6. DISTRIBUTION OF ASSETS.

    Any proceeds from the sale of assets of any department or agency
resulting from the enactment of an Act under section 5 shall be--
            (1) applied to reduce the Federal deficit; and
            (2) deposited in the Treasury and treated as general
        receipts.

SEC. 7. ADDITIONAL APPROPRIATIONS BASED ON AGENCY SAVINGS.

    It is the sense of the Congress that--
            (1) in the fiscal year immediately following a
        recommendation submitted under section 4(a)(1) there should be
        appropriated to each agency an amount no less than 25 percent
        of the amount of the estimate of administrative savings
        determined under section 4(a)(2) applicable to such agency in
        the 3 fiscal years following the submission of the
        recommendation; and
            (2) the appropriated amount described under paragraph (1)
        should be--
                    (A) appropriated funds in addition to funds which
                would otherwise be appropriated to such agency if not
                for the provisions of this Act; and
                    (B) made available for expenditure at the
                discretion of the head of such agency to improve such
                agency's management, efficiency, or productivity.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as necessary to
carry out the provisions of this Act.

S 1187 IS----2

Output:
Civilian Facilities Closure and Realignment Act of 1993 - Establishes the Civilian Facilities Closure and Realignment Commission.
Requires the heads of executive agencies (except for the Secretary of Defense) to submit recommendations for closing or realigning civilian facilities to the Commission.  Directs the Office of Management and Budget to submit estimates of the administrative costs and savings that would result from the implementation of such recommendations to the Commission.
Requires the Commission to report its recommendations for closures and realignments of Federal facilities and proposed legislation to the President.  Provides for presidential approval of the report.
Sets forth procedures for congressional consideration of the proposed legislation.
Requires proceeds from the sale of any agency's assets resulting from closures or realignments to be applied to reduce the Federal deficit and deposited in the Treasury and treated as general receipts.
Expresses the sense of the Congress that:  (1) in the fiscal year immediately following the submission of an agency's recommendation, there should be appropriated to each agency at least 25 percent of the amount of estimated administrative savings applicable to such agency in the three fiscal years following such submission; and (2) the appropriated amount should be in addition to funds which would otherwise be appropriated if not for this Act and made available for expenditure to improve the agency's management, efficiency, or productivity.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Cities Act of 2009''.

SEC. 2. CREATION OF AND ASSISTANCE FOR VIOLENT AND DRUG CRIME ZONES.

    Title XXI of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14061 et seq.) is amended by adding at the end the
following new subtitle:

 ``Subtitle E--Coordination With Federal Agencies to Curb Violent Crime

``SEC. 21501. CREATION OF AND ASSISTANCE FOR VIOLENT AND DRUG CRIME
              ZONES.

    ``(a) Definitions.--In this section the following definitions shall
apply:
            ``(1) Governor.--The term `Governor' means a Governor or
        other chief executive officer of a State or the Mayor of the
        District of Columbia.
            ``(2) Violent and drug crime zone.--The term `Violent and
        Drug Crime Zone' means a metropolitan area within a State or
        multiple States that is designated as having rates of
        homicides, violent felonies, sex offenses, drug and gang-
        related crimes that are high in proportion to the national
        average rates of such crimes, as determined by the most recent
        available data of the Federal Bureau of Investigation and the
        National Incident Based Reporting System maintained by the
        uniform crime reporting program of the Federal Bureau of
        Investigation. For purposes of the previous sentence, rates of
        a crime for an area shall be treated as high in proportion to
        the national average rates of such crime if such rates for the
        area are greater than 5 times the national average rates.
            ``(3) State.--The term `State' means a State of the United
        States, the District of Columbia, and any commonwealth,
        territory, or possession of the United States.
    ``(b) Violent and Drug Crime Zones.--
            ``(1) Designation.--The Attorney General, after
        consultation with the Governor of each appropriate State and
        with relevant Federal agencies, may designate as a Violent and
        Drug Crime Zone, any specified area that is located within 1 or
        more States, based on the criteria for designation under
        paragraph (4).
            ``(2) Assistance and coordination.--In order to provide
        Federal assistance to Violent and Drug Crime Zones, the
        Attorney General shall, upon consultation with appropriate
        State and relevant local and Federal law enforcement agencies--
                    ``(A) establish a drug and violent crime
                intervention team in each Violent and Drug Crime Zone,
                which will consist of local, State, and relevant
                Federal law enforcement authorities, for the
                coordinated investigation, apprehension, and
                prosecution of criminal activity in such zone;
                    ``(B) ensure the establishment of a Safe Cities
                Task Force described in subsection (c) for each Violent
                and Drug Crime Zone;
                    ``(C) coordinate with appropriate Federal agencies
                the temporary reassignment of personnel to the
                intervention team established under subparagraph (A);
                    ``(D) provide funding or create funding partnership
                opportunities with one or more States for the operation
                of such intervention teams; and
                    ``(E) require reporting from such intervention
                teams to share intelligence and best practices.
            ``(3) Composition of drug and violent crime intervention
        teams.--Each drug and violent crime intervention team
        established pursuant to paragraph (2)(A) shall consist of
        agents and officers, where feasible, from--
                    ``(A) the Federal Bureau of Investigation;
                    ``(B) the Drug Enforcement Administration;
                    ``(C) the Bureau of Alcohol, Tobacco, Firearms, and
                Explosives; and
                    ``(D) other relevant Federal agencies, as
                determined by the Attorney General in consultation with
                local law enforcement agencies in the relevant area
                designated under paragraph (1).
            ``(4) Criteria for designation.--In considering an area for
        designation as a Drug and Violent Crime Zone under this
        section, the Attorney General shall consider--
                    ``(A) the current levels of homicides, violent
                crimes, sex crimes, and drug-related and gang-related
                crimes in the zone;
                    ``(B) the extent to which State and local law
                enforcement agencies have committed and need additional
                resources to respond to the crimes described in
                subparagraph (A);
                    ``(C) the extent to which a significant increase in
                the allocation of Federal resources would enhance local
                response to the crimes described in subparagraph (A);
                and
                    ``(D) any other criteria deemed appropriate by the
                Attorney General.
            ``(5) Training and transfer of best practices.--Federal
        agency personnel who participate in a drug and violent crime
        intervention team under this subsection shall, as a condition
        of such participation, develop and submit to the Attorney
        General best practice reports. The Attorney General shall
        provide for such best practice reports, as well as other
        intelligence and knowledge-transfer opportunities, to be shared
        with State and local law enforcement agencies to enable such
        agencies to replicate the best practices of the intervention
        teams.
    ``(c) Safe Cities Task Forces.--
            ``(1) In general.--There shall be established, for each
        Violent and Drug Crimes Zone, a Safe Cities Task Force.
            ``(2) Membership.--Each Safe Cities Task Force, with
        respect to a Violent and Drug Crimes Zone, shall consist of not
        more than 8 members, including the Mayor involved, Chief of
        Police or equivalent, Governor of the applicable State, the
        city attorney (or equivalent) involved, and representatives
        from Federal law enforcement agencies as determined appropriate
        by the Attorney General.
            ``(3) Duties.--The duties of each Safe Cities Task Force
        shall include the following:
                    ``(A) Oversight of funding expenditures related to
                the creation and work of the drug and violent crime
                intervention team for the zone involved.
                    ``(B) Assistance with coordination of such
                intervention team.
                    ``(C) Outreach to affected communities within the
                zone served by such intervention team, as needed.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated from the Violent Crime Reduction Trust Fund such sums as
may be necessary to carry out this section.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY-BASED JUSTICE
              GRANTS FOR PROSECUTORS.

    (a) In General.--Section 31707 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as
follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this
subtitle $15,000,000 for each of the fiscal years 2010 through 2013
.''.
    (b) Increase in Prosecutors for Intervention Team Efforts.--Section
31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14211) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and
        inserting ``; and''; and
            (3) adding at the end the following new paragraph:
            ``(6) to fund programs that would increase the number of
        prosecutors available to work with efforts of drug and violent
        crime intervention teams under section 21501, as determined
        necessary by the Attorney General in consultation with
        appropriate Federal agencies and local law enforcement.''.

SEC. 4. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH STATE-
              WIDE CRIME PREVENTION DATABASES.

    Subtitle I of title XXXII of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by adding at the end the following
new section:

``SEC. 320936. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT TO ESTABLISH
              STATE-WIDE CRIME PREVENTION DATABASES.

    ``(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall award grants, in accordance with such
regulations as the Attorney General may prescribe, to State and local
programs designed to establish and maintain a State-wide database to
track criminals, arrests, prosecutions, and convictions.
    ``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.

Output: Safe Cities Act of 2009 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) authorize the Attorney General to designate a Violent and Drug Crime Zone (i.e., a metropolitan area with a higher than average rate of homicides, violent felonies, sex offenses, and drug and gang-related crimes) in each state; (2) establish a drug and violent crime intervention team and a Safe Cities Task Force in each Zone, consisting of state and local law enforcement officials, to coordinate the investigation, apprehension, and prosecution of criminal activity; (3) require the use of grant funds under such Act to increase the number of prosecutors available to work with drug and violent crime intervention teams; and (4) require the Office of Justice Programs of the Department of Justice (DOJ) to award grants to states to establish and maintain a state-wide database to track criminals, arrests, prosecutions, and convictions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Physician Assistants Continuity of
Care Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2006, approximately 286 million prescriptions were
        written by physician assistants and more than 230 million
        patient visits were made for physician assistant services. Such
        services are particularly needed in communities that experience
        health disparities, especially rural communities and
        communities with high minority populations.
            (2) Physician assistants furnish services in almost all
        health care settings and in every medical and surgical
        specialty, providing quality, cost-effective medical care. They
        deliver a broad range of medical and surgical services to
        diverse populations.
            (3) All 50 States, the District of Columbia, and Guam
        regulate physician assistant services so as to permit physician
        assistants to practice medicine subject to the oversight of
        physicians and to have the authority to write prescriptions
        subject to such oversight.
            (4) In 1997, the Balanced Budget Act of 1997 amended the
        Medicare program to extend coverage for medical services
        provided by physician assistants, as permitted under applicable
        State law, thus providing for a uniform rate of reimbursement
        for certain services furnished by physician assistants who work
        in health care practice settings subject to the oversight of a
        physician.
            (5) Physician assistants and physicians work together as a
        team. However, supervising physicians need not be physically
        present when physician assistants provide medical care. In
        medically underserved communities, a physician assistant may be
        the only onsite health care professional accessible during the
        time when a patient needs immediate care. Health care furnished
        by physician assistants is therefore critical to providing
        medical care for the most vulnerable and at-risk populations in
        the United States.
            (6) In some rural areas, physician assistants are the only
        providers of care immediately available. However, Medicare
        beneficiaries have faced delays of weeks in receiving hospice
        care because care delivered by physician assistants may not be
        reimbursed under the Medicare program.
            (7) Some critical access hospitals have reported difficulty
        with discharge planning because the Medicare program does not
        provide reimbursement for services related to skilled nursing
        facility orders or home health orders that have been signed by
        a physician assistant.
            (8) The continuity of care of a terminally ill Medicare
        beneficiary may be interrupted because a physician assistant
        may not be reimbursed under the Medicare program for furnishing
        such beneficiary with certain services, such as hospice care,
        even though a physician assistant may have been such
        beneficiary's primary health care provider prior to the
        diagnosis of the terminal illness. Such break downs in the
        continuity of care of Medicare beneficiaries may cause
        additional costs for the Medicare program.

SEC. 3. PERMITTING PHYSICIAN ASSISTANTS WHEN DELEGATED BY A PHYSICIAN
              TO ORDER OR PROVIDE POST-HOSPITAL EXTENDED CARE SERVICES,
              HOME HEALTH SERVICES, AND HOSPICE CARE UNDER THE MEDICARE
              PROGRAM.

    (a) Post-Hospital Extended Care Services.--Section 1814(a)(2) of
the Social Security Act (42 U.S.C. 1395f(a)(2)) is amended, in the
matter before subparagraph (A)--
            (1) by inserting ``or a physician assistant as delegated by
        a physician'' after ``a physician'' the first place it appears;
        and
            (2) by inserting ``a physician assistant as delegated by a
        physician,'' after ``a physician,'' the second place it
        appears.
    (b) Home Health Services.--
            (1) Under part a.--Section 1814(a)(2)(C) of such Act (42
        U.S.C. 1395f(a)(2)(C)) is amended--
                    (A) by inserting ``by a physician or by a physician
                assistant as delegated by a physician,'' after
                ``established''; and
                    (B) by inserting ``or a physician assistant as
                delegated by a physician'' after ``a physician'' each
                place it appears.
            (2) Under part b.--Section 1835(a)(2) of such Act (42
        U.S.C. 1395n(a)(2)) is amended--
                    (A) in the matter before subparagraph (A), by
                inserting ``or a physician assistant as delegated by a
                physician,'' after ``a physician''; and
                    (B) in each of clauses (ii) and (iii) of
                subparagraph (A)(ii), by inserting ``or a physician
                assistant as delegated by a physician'' after ``a
                physician''.
    (c) Hospice Care.--
            (1) Certification of terminal illness.--Section
        1814(a)(7)(A) of such Act is (42 U.S.C. 1395f(a)(7)(A)) is
        amended--
                    (A) in clause (i)(I), by inserting ``or a physician
                assistant as delegated by such attending physician''
                after ``nurse practitioner)''; and
                    (B) in clause (ii), by inserting ``or physician
                assistant'' after ``physician''.
            (2) Including professional services of physician
        assistant.--Section 1861(dd)(1)(F) of such Act (42 U.S.C.
        1395x(dd)(1)(F)) is amended by inserting after ``physicians'
        services'' the following: ``and services which would be
        physicians' services if furnished by a physician (as defined in
        subsection (r)(1)) and which are performed by a physician
        assistant under the supervision of a physician (as so defined)
        and which the physician assistant is legally authorized to
        perform in the State in which the services are performed''.
    (d) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2007.

Output:
Physician Assistants Continuity of Care Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to permit a physician assistant, when delegated by a physician, to: (1) certify that inpatient psychiatric hospital services or post-hospital extended care services are required; (2) establish and review a plan for home health services; and (3) certify a terminal illness with respect to hospice care.

Covers as hospice care any legally authorized services of a physician assistant performed under a physician's supervision.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beneficiary Notification Rights Act
of 1998''.

SEC. 2. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES.

    (a) Group Health Plans.--
            (1) Public health service act amendments.--(A) Subpart 2 of
        part A of title XXVII of the Public Health Service Act is
        amended by adding at the end the following new section:

``SEC. 2706. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES.

    ``(a) Requirement.--If a health insurance issuer offering group
health insurance coverage intends to terminate coverage or allow a
policy to lapse because a group health plan failed to pay to the issuer
premiums necessary to maintain coverage, the issuer shall, not later
than 30 days prior to the date of termination or policy lapse, provide
written notice to all participants and beneficiaries indicating the
termination date of such coverage. The issuer may not terminate
coverage retroactively.
    ``(b) Conversion Option.--In a case in which a health insurance
issuer terminates health insurance coverage offered in connection with
a group health plan because a group health plan failed to pay to the
issuer premiums necessary to maintain coverage, the issuer shall, for a
period of 180 days beginning on the termination date, provide to all
participants and beneficiaries the option of enrollment under a
conversion health plan.
    ``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(c) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
            (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as
        amended by section 604(b)(2) of Public Law 104-204, is amended
        by striking ``section 2704'' and inserting ``sections 2704 and
        2706''.
            (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
        B of title I of the Employee Retirement Income Security Act of
        1974 is amended by adding at the end the following new section:

``SEC. 713. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES.

    ``(a) Requirement.--If a health insurance issuer offering group
health insurance coverage intends to terminate coverage or allow a
policy to lapse because a group health plan failed to pay to the issuer
premiums necessary to maintain coverage, the issuer shall, not later
than 30 days prior to the date of termination or policy lapse, provide
written notice to all participants and beneficiaries indicating the
termination date of such coverage. The issuer may not terminate
coverage retroactively.
    ``(b) Conversion Option.--In a case in which a health insurance
issuer terminates health insurance coverage offered in connection with
a group health plan because a group health plan failed to pay to the
issuer premiums necessary to maintain coverage, the issuer shall, for a
period of 180 days beginning on the termination date, provide to all
participants and beneficiaries the option of enrollment under a
conversion health plan.
    ``(c) Notice Under Group Health Plan.--A group health plan, and a
health insurance issuer providing health insurance coverage in
connection with a group health plan, shall provide notice to each
participant and beneficiary under such plan regarding the imposition of
the requirements of this section in accordance with regulations
promulgated by the Secretary. Such notice shall be in writing and
prominently positioned in any literature or correspondence made
available or distributed by the plan or issuer and shall be transmitted
upon enrollment and annually thereafter, with the first notice required
in the first mailing made by the plan or issuer to the participant or
beneficiary after the date of the enactment of the Beneficiary
Notification Rights Act of 1998.''.
            (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as
        amended by section 603(b)(1) of Public Law 104-204, is amended
        by striking ``section 711'' and inserting ``sections 711 and
        713''.
            (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
        amended by section 603(b)(2) of Public Law 104-204, is amended
        by striking ``section 711'' and inserting ``sections 711 and
        713''.
            (D) The table of contents in section 1 of such Act is
        amended by inserting after the item relating to section 712 the
        following new item:

``Sec. 713. Notification to participants and beneficiaries.''.
            (3) Internal revenue code amendments.--Subchapter B of
        chapter 100 of the Internal Revenue Code of 1986 (as amended by
        section 1531(a) of the Taxpayer Relief Act of 1997) is
        amended--
            (A) in the table of sections, by inserting after the item
        relating to section 9803 the following new item:

                              ``Sec. 9804. Notification to participants
                                        and beneficiaries.''; and
            (B) by inserting after section 9803 the following:

``SEC. 9804. NOTIFICATION TO PARTICIPANTS AND BENEFICIARIES.

    ``(a) In General.--If a health insurance issuer offering group
health insurance coverage intends to terminate coverage or allow a
policy to lapse because a group health plan failed to pay to the issuer
premiums necessary to maintain coverage, the issuer shall, not later
than 30 days prior to the date of termination or policy lapse, provide
written notice to all participants and beneficiaries indicating the
termination date of such coverage. The issuer may not terminate
coverage retroactively.
    ``(b) Conversion Option.--In a case in which a health insurance
issuer terminates health insurance coverage offered in connection with
a group health plan because a group health plan failed to pay to the
issuer premiums necessary to maintain coverage, the issuer shall, for a
period of 180 days beginning on the termination date, provide to all
participants and beneficiaries the option of enrollment under a
conversion health plan.''.
    (b) Effective Dates.--The amendments made by subsection (a) shall
apply with respect to group health plans or health insurance coverage
offered in connection with group health plans for plan years beginning
on or after January 1, 1999.
    (c) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''.

Output: Beneficiary Notification Rights Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a health insurance issuer intending to terminate coverage or allow a policy to lapse because a group health plan failed to pay premiums necessary to maintain coverage, to:  (1) notify all participants and beneficiaries of such situation; and (2) if such plan is terminated, provide all participants and beneficiaries with the option of enrollment under a conversion health plan.