Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on Integration of
Workers' Compensation Act of 1994''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Commission'' means the Commission on
        Integration of Workers' Compensation Medical Benefits
        established under section 3(a).
            (2) The term ``health insurance plan'' means any insurance
        plan providing coverage for medical care (within the meaning of
        section 213(d)(1)(c) of the Internal Revenue Code of 1986), and
        includes any plan or program of the Federal Government
        providing such coverage.
            (3) The term ``State'' includes the District of Columbia,
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
        Northern Mariana Islands.
            (4) The term ``workers' compensation medical benefits''
        means, with respect to an individual enrolled in a health
        insurance plan who is an employee subject to the workers'
        compensation laws of a State, the comprehensive medical
        benefits for work-related injuries and illnesses provided for
        under such laws with respect to such an employee.
            (5) The term ``workers' compensation carrier'' means an
        insurance company that underwrites workers' compensation
        medical benefits with respect to one or more employers and
        includes an employer or fund that is financially at risk for
        the provision of workers' compensation medical benefits.

SEC. 3. COMMISSION ON INTEGRATION OF WORKERS' COMPENSATION MEDICAL
              BENEFITS.

    (a) Establishment.--There is hereby created a Commission on
Integration of Workers' Compensation Medical Benefits.
    (b) Composition.--
            (1) In general.--The Commission shall consist of the
        Director of the National Institute for Occupational Safety and
        Health (or the Director's designee) and 14 members appointed
        jointly by the Secretary of Health and Human Services and the
        Secretary of Labor. Appointed members of the Commission shall
        include the following:
                    (A) One or more individuals representing State
                workers' compensation commissioners.
                    (B) One or more individuals representing State
                workers' compensation funds.
                    (C) One or more individuals representing organized
                labor.
                    (D) One or more members representing employers
                (other than workers' compensation insurance carriers).
                    (E) One or more members representing workers'
                compensation insurance carriers.
                    (F) One or more members of the medical profession
                having expertise in occupational health.
                    (G) One or more educators or researchers having
                expertise in the field of occupational health.
                    (H) One or more members of the legal profession who
                regularly represent workers' compensation claimants.
            (2) Role of congress.--Of the members of the Commission
        appointed under paragraph (1)--
                    (A) 3 shall be appointed from among individuals
                recommended by the Speaker of the House of
                Representatives;
                    (B) 3 shall be appointed from among individuals
                recommended by the Minority Leader of the House of
                Representatives;
                    (C) 3 shall be appointed from among individuals
                recommended by the Majority Leader of the Senate; and
                    (D) 3 shall be appointed from among individuals
                recommended by the Majority Leader of the Senate.
            (3) No compensation except travel expenses.--Members of the
        Commission shall serve without compensation, but the
        Secretaries shall provide that each member shall receive travel
        expenses, including per diem in lieu of subsistence, in
        accordance with sections 5702 and 5703 of title 5, United
        States Code.
            (4) Quorum.--Eight members of the Commission shall
        constitute a quorum.
    (c) Duties.--
            (1) In general.--The Commission shall study and develop a
        detailed plan for implementing the transfer of financial
        responsibility for workers' compensation medical benefits to
        health insurance plans and make a recommendation as to whether
        such a transfer should be effected.
            (2) Implementation issues to be addressed.--In the
        development of a plan under paragraph (1), the Commission shall
        consider potential barriers to integration including the
        following:
                    (A) Whether and how to maintain financial
                incentives for employers to prevent work-related
                illness and injury and to reduce workers' compensation
                costs.
                    (B) Modifications of requirements for workers'
                compensation carrier and health insurance plan
                reserves, including any associated transition issues
                relating to the modification of such requirements.
                    (C) The ability of health insurance plans to set
                capitated payment rates for workers' compensation
                costs, including the lack of availability of data for
                use by plans in setting such rates.
                    (D) Coverage for benefits (including cost-sharing)
                not typically included in health insurance plans that
                are covered under State workers' compensation laws.
                    (E) Variation among States in eligibility for
                medical and rehabilitation benefits, and the scope of
                such benefits, compensable under State workers'
                compensation laws.
                    (F) The ability to move the financial
                responsibility for workers' compensation medical
                benefits from an experience-rated system to a
                community-rated system.
                    (G) The need to provide appropriate incentives to
                encourage health insurance plans, providers of health
                cares services, and employers to return injured
                employees to work as soon as possible.
                    (H) The effect of an integrated system on the
                ability to preserve adequate case management of
                workers' compensation cases.
                    (I) The impact of an injured worker's choice of
                provider on the costs of medical care, losses in wages
                and benefits, and quality of care.
            (3) Evaluation issues to be addressed.--In making its
        recommendation under paragraph (1), the Commission shall
        consider both the potential benefits and potential
        disadvantages of such a transfer, including the likely impact
        on--
                    (A) the quality of medical care delivered to
                workers injured or made ill on the job;
                    (B) the incentives for employers to maintain safe
                workplaces; and
                    (C) workers' compensation indemnity benefit costs,
                medical costs and the overall cost of the workers'
                compensation system.
    (d) Staff Support.--The Secretaries shall provide staff support for
the Commission.
    (e) Report.--The Commission shall submit a report on its work to
the President and to the Congress by not later than 1 year after the
date of the enactment of this Act. The report shall include the plan
developed and its recommendation under subsection (c)(1).
    (f) Termination.--The Commission shall terminate 90 days after the
date of submission of its report under subsection (e).
    (g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 4. IMPLEMENTATION OF RECOMMENDATIONS.

    Unless Congress provides otherwise, if the report submitted by the
Commission to the President under section 3(e) recommends the
integration of financial responsibility for all medical benefits in
health insurance plans, the Secretary of Labor and the Secretary of
Health and Human Services shall promulgate regulations to carry out
such integration.

Output:
Commission on Integration of Workers' Compensation Act of 1994 - Establishes the Commission on Integration of Workers' Compensation Medical Benefits.
Directs the Commission to study and develop a detailed plan for implementing the transfer of financial responsibility for workers' compensation medical benefits to health insurance plans, and recommend whether such a transfer should be effected.  Lists implementation and evaluation issues to be addressed.
Requires a Commission report to the President and the Congress.
Authorizes appropriations.
Directs the Secretaries of Health and Human Services and of Labor to promulgate regulations to carry out such integration of financial responsibility for all medical benefits in health insurance plans if the Commission report recommends this and the Congress does not provide otherwise.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pharmaceutical Market Access Act of
2003''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Americans unjustly pay up to 1000 percent more to fill
        their prescriptions than consumers in other countries.
            (2) The United States is the world's largest market for
        pharmaceuticals yet consumers still pay the world's highest
        prices.
            (3) An unaffordable drug is neither safe nor effective.
        Allowing and structuring the importation of prescription drugs
        ensures access to affordable drugs, thus providing a level of
        safety to American consumers they do not currently enjoy.
            (4) According to the Congressional Budget Office, American
        seniors alone will spend $1.8 trillion dollars on
        pharmaceuticals over the next ten years.
            (5) Allowing open pharmaceutical markets could save
        American consumers at least $635 billion of their own money
        each year.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To give all Americans immediate relief from the
        outrageously high cost of pharmaceuticals.
            (2) To reverse the perverse economics of the American
        pharmaceutical markets.
            (3) To allow the importation of drugs only if the drugs and
        the facilities where they are manufactured are approved by the
        Food and Drug Administration, and to exclude pharmaceutical
        narcotics.
            (4) To require that imported prescription drugs be packaged
        and shipped using counterfeit-resistant technologies approved
        by the Bureau of Engraving and Printing (technologies similar
        to those used to secure United States currency).

SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS.

    Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting
                ``Not later than 180 days after the date of the
                enactment of the Pharmaceutical Market Access Act of
                2003, the Secretary''; and
                    (B) by striking ``pharmacists and wholesalers'' and
                inserting ``pharmacists, wholesalers, and qualifying
                individuals'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) require that each covered product imported pursuant
        to such subsection complies with sections 501, 502, and 505,
        and other applicable requirements of this Act; and'';
                    (B) in paragraph (2), by striking ``, including
                subsection (d); and'' and inserting a period; and
                    (C) by striking paragraph (3);
            (3) in subsection (c), by inserting ``by pharmacists and
        wholesalers (but not qualifying individuals)'' after
        ``importation of covered products'';
            (4) in subsection (d)--
                    (A) by striking paragraphs (3) and (10);
                    (B) in paragraph (5), by striking ``, including the
                professional license number of the importer, if any'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (C), by inserting ``(if
                        required under subsection (e))'' before the
                        period;
                            (ii) in subparagraph (D), by inserting
                        ``(if required under subsection (e))'' before
                        the period; and
                            (iii) in subparagraph (E), by striking
                        ``labeling'';
                    (D) in paragraph (7)--
                            (i) in subparagraph (A), by inserting ``(if
                        required under subsection (e))'' before the
                        period; and
                            (ii) by amending subparagraph (B) to read
                        as follows:
                    ``(B) Certification from the importer or
                manufacturer of such product that the product meets all
                requirements of this Act.''; and
                    (E) by redesignating paragraphs (4) through (9) as
                paragraphs (3) through (8), respectively;
            (5) by amending subsection (e) to read as follows:
    ``(e) Testing.--
            ``(1) In general.--Subject to paragraph (2), regulations
        under subsection (a) shall require that testing referred to in
        paragraphs (5) through (7) of subsection (d) be conducted by
        the importer of the covered product, unless the covered product
        is a prescription drug subject to the requirements of section
        505B for counterfeit-resistant technologies.
            ``(2) Exception.--The testing requirements of paragraphs
        (5) through (7) of subsection (d) shall not apply to an
        importer unless the importer is a wholesaler.'';
            (6) in subsection (f), by striking ``or designated by the
        Secretary, subject to such limitations as the Secretary
        determines to be appropriate to protect the public health'';
            (7) in subsection (g)--
                    (A) by striking ``counterfeit or''; and
                    (B) by striking ``and the Secretary determines that
                the public is adequately protected from counterfeit and
                violative covered products being imported pursuant to
                subsection (a)'';
            (8) in subsection (i)(1)--
                    (A) by amending subparagraph (A) to read as
                follows:
                    ``(A) In general.--The Secretary shall conduct, or
                contract with an entity to conduct, a study on the
                imports permitted pursuant to subsection (a), including
                consideration of the information received under
                subsection (d). In conducting such study, the Secretary
                or entity shall evaluate the compliance of importers
                with regulations under subsection (a), and the
                incidence of shipments pursuant to such subsection, if
                any, that have been determined to be misbranded or
                adulterated, and determine how such compliance
                contrasts with the incidence of shipments of
                prescription drugs transported within the United States
                that have been determined to be misbranded or
                adulterated.''; and
                    (B) in subparagraph (B), by striking ``Not later
                than 2 years after the effective date of final
                regulations under subsection (a),'' and inserting ``Not
                later than 18 months after the date of the enactment of
                the Pharmaceutical Market Access Act of 2003,'';
            (9) in subsection (k)(2)--
                    (A) by redesignating subparagraphs (D) and (E) as
                subparagraphs (E) and (F), respectively; and
                    (B) by inserting after subparagraph (C) the
                following:
                    ``(D) The term `qualifying individual' means an
                individual who is not a pharmacist or a wholesaler. '';
                and
            (10) by striking subsections (l) and (m).

SEC. 5. USE OF COUNTERFEIT-RESISTANT TECHNOLOGIES TO PREVENT
              COUNTERFEITING.

    (a) Misbranding.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be
misbranded) is amended by adding at the end the following:
    ``(w) If it is a drug subject to section 503(b), unless the
packaging of such drug complies with the requirements of section 505B
for counterfeit-resistant technologies.''.
    (b) Requirements.--Title V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A
the following:

``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES.

    ``(a) Incorporation of Counterfeit-Resistant Technologies Into
Prescription Drug Packaging.--The Secretary shall require that the
packaging of any drug subject to section 503(b) incorporate--
            ``(1) overt optically variable counterfeit-resistant
        technologies that are described in subsection (b) and comply
        with the standards of subsection (c); or
            ``(2) technologies that have an equivalent function of
        security, as determined by the Secretary.
    ``(b) Eligible Technologies.--Technologies described in this
subsection--
            ``(1) shall be visible to the naked eye, providing for
        visual identification of product authenticity without the need
        for readers, microscopes, lighting devices, or scanners;
            ``(2) shall be similar to that used by the Bureau of
        Engraving and Printing to secure United States currency;
            ``(3) shall be manufactured and distributed in a highly
        secure, tightly controlled environment; and
            ``(4) should incorporate additional layers of non-visible
        covert security features up to and including forensic
        capability.
    ``(c) Standards for Packaging.--
            ``(1) Multiple elements.--For the purpose of making it more
        difficult to counterfeit the packaging of drugs subject to
        section 503(b), manufacturers of the drugs shall incorporate
        the technologies described in subsection (b) into multiple
        elements of the physical packaging of the drugs, including
        blister packs, shrink wrap, package labels, package seals,
        bottles, and boxes.
            ``(2) Labeling of shipping container.--Shipments of drugs
        described in subsection (a) shall include a label on the
        shipping container that incorporates the technologies described
        in subsection (b), so that officials inspecting the packages
        will be able to determine the authenticity of the shipment.
        Chain of custody procedures shall apply to such labels and
        shall include procedures applicable to contractual agreements
        for the use and distribution of the labels, methods to audit
        the use of the labels, and database access for the relevant
        governmental agencies for audit or verification of the use and
        distribution of the labels.''.

            Passed the House of Representatives July 25 (legislative
      day, July 24), 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output:
Pharmaceutical Market Access Act of 2003 - (Sec. 4) Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products).

Amends provision pertaining to record keeping regarding imported covered products. States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product.

Amends provisions regarding the importation of covered products, including to remove language directing the Secretary to require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received. Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to the provisions of this Act pertaining to counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests). Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products. (Sec. 5) Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in packaging.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Employees through Stock
Ownership Act''.

SEC. 2. TREATMENT OF QUALIFIED EQUITY GRANTS.

    (a) In General.--
            (1) Election to defer income.--Section 83 of the Internal
        Revenue Code of 1986 is amended by adding at the end the
        following new subsection:
    ``(i) Qualified Equity Grants.--
            ``(1) In general.--For purposes of this subtitle, if
        qualified stock is transferred to a qualified employee who
        makes an election under this subsection--
                    ``(A) no amount shall be included in income under
                subsection (a) in the first taxable year in which the
                rights of the employee in such stock are transferable
                or are not subject to a substantial risk of forfeiture,
                whichever is applicable, and
                    ``(B) an amount equal to the amount which would be
                included in income of the employee under subsection (a)
                (determined without regard to this subsection) shall be
                included in income in the taxable year of the employee
                which includes the earliest of--
                            ``(i) the date such qualified stock is
                        sold, exchanged, or otherwise transferred,
                            ``(ii) the date the employee first becomes
                        an excluded employee,
                            ``(iii) the first date on which any stock
                        of the corporation which issued the qualified
                        stock becomes readily tradable on an
                        established securities market,
                            ``(iv) the date that is 7 years after the
                        first date the rights of the employee in such
                        stock are transferable or are not subject to a
                        substantial risk of forfeiture, whichever
                        occurs earlier, or
                            ``(v) the date on which the employee elects
                        under this clause to include the amount in
                        income.
            ``(2) Qualified stock.--
                    ``(A) In general.--For purposes of this subsection,
                the term `qualified stock' means any stock in a
                corporation if--
                            ``(i) the right to receive such stock was
                        provided by the corporation--
                                    ``(I) in connection with the
                                performance of services as an employee,
                                and
                                    ``(II) such right was received in
                                year in which such corporation was an
                                eligible corporation, and
                            ``(ii) such stock is received--
                                    ``(I) in connection with the
                                exercise of an option, or
                                    ``(II) in settlement of a
                                restricted stock unit.
                    ``(B) Limitation.--The term `qualified stock' shall
                not include any stock if the employee may sell to, or
                otherwise receive cash in lieu of stock from, the
                corporation at the time that the rights of the employee
                are transferrable or are not subject to a substantial
                risk of forfeiture.
                    ``(C) Eligible corporation.--For purposes of
                subparagraph (A)(i)(II)--
                            ``(i) In general.--The term `eligible
                        corporation' means, with respect to any
                        calendar year, any corporation if--
                                    ``(I) no stock of such corporation
                                is readily tradable on an established
                                securities market during such calendar
                                year or any preceding calendar year,
                                and
                                    ``(II) such corporation has a
                                written plan under which not less than
                                80 percent of all employees have the
                                same rights and privileges to receive
                                qualified stock for such calendar year.
                            ``(ii) Same rights and privileges.--For
                        purposes of clause (i)(II)--
                                    ``(I) except as provided in
                                subclauses (II) and (III), the
                                determination of rights and privileges
                                with respect to stock shall be
                                determined in a similar manner as
                                provided under section 423(b)(5),
                                    ``(II) employees shall not fail to
                                be treated as having the same rights
                                and privileges to receive qualified
                                stock solely because the number of
                                shares available to all employees are
                                not equal in amount, so long as the
                                number of shares available to each
                                employee is more than a de minimis
                                amount, and
                                    ``(III) the right to receive
                                qualified stock described subparagraph
                                (A)(ii)(I) shall not be treated as the
                                same right or privilege as the right to
                                receive qualified stock described in
                                subparagraph (A)(ii)(II).
                            ``(iii) Employee.--For purposes of clause
                        (i)(II), the term `employee' shall not include
                        any employee described in section 4980E(d)(4)
                        or any excluded employee.
                            ``(iv) Special rule for calendar years
                        before 2017.--In the case of any calendar year
                        beginning before January 1, 2017, clause
                        (i)(II) shall be applied without regard to
                        whether the rights and privileges with respect
                        to the qualified stock are the same.
            ``(3) Qualified employee; excluded employee.--For purposes
        of this subsection--
                    ``(A) In general.--The term `qualified employee'
                means any individual who--
                            ``(i) is not an excluded employee, and
                            ``(ii) agrees to meet such requirements as
                        determined by the Secretary to be necessary to
                        ensure that the withholding requirements of the
                        corporation under chapter 24 with respect to
                        the qualified stock are met.
                    ``(B) Excluded employee.--The term `excluded
                employee' means, with respect to any corporation, any
                individual--
                            ``(i) who is or has been at any prior time
                        a 1-percent owner (within the meaning of
                        section 416(i)(1)(B)(ii)),
                            ``(ii) who is or has been at any prior
                        time--
                                    ``(I) the chief executive officer
                                of such corporation or an individual
                                acting in such a capacity, or
                                    ``(II) the chief financial officer
                                of such corporation or an individual
                                acting in such a capacity,
                            ``(iii) who bears a relationship described
                        in section 318(a)(1) to any individual
                        described in subclause (I) or (II) of clause
                        (ii), or
                            ``(iv) who is or has been for any prior
                        taxable year one of the 4 highest compensated
                        officers of such corporation determined on the
                        basis of the shareholder disclosure rules for
                        compensation under the Securities Exchange Act
                        of 1934 (as if such rules applied to such
                        corporation).
            ``(4) Election.--
                    ``(A) Time for making election.--An election with
                respect to qualified stock shall be made under this
                subsection no later than 30 days after the first time
                the rights of the employee in such stock are
                transferable or are not subject to a substantial risk
                of forfeiture, whichever occurs earlier.
                    ``(B) Limitations.--No election may be made under
                this section with respect to any qualified stock if--
                            ``(i) the qualified employee has made an
                        election under subsection (b) with respect to
                        such qualified stock, or
                            ``(ii) any stock of the corporation which
                        issued the qualified stock is readily tradable
                        on an established securities market at any time
                        before the election is made.
            ``(5) Other rules.--
                    ``(A) Controlled groups.--For purposes of this
                subsection, all corporations which are members of the
                same controlled group of corporations (as defined in
                section 1563(a)) shall be treated as one corporation.
                    ``(B) Notice requirement.--Any corporation that
                transfers qualified stock to an employee shall notify
                such employee that--
                            ``(i) the employee may elect to defer
                        income on such stock under this subsection, and
                            ``(ii) if the employee makes such an
                        election, the amount of income recognized at
                        the end of the deferral period will be based on
                        the value of the stock at the time at which the
                        rights of the employee in such stock are
                        transferable or are not subject to substantial
                        risk of forfeiture, notwithstanding whether the
                        value of the stock has declined during the
                        deferral period.''.
            (2) Deduction by employer.--Subsection (h) of section 83 of
        the Internal Revenue Code of 1986 is amended by striking ``or
        (d)(2)'' and inserting ``(d)(2), or (i)''.
    (b) Withholding.--
            (1) Time of withholding.--Section 3401 of the Internal
        Revenue Code of 1986 is amended by adding at the end the
        following new subsection:
    ``(i) Qualified Stock for Which an Election Is in Effect Under
Section 83(i).--For purposes of subsection (a), qualified stock (as
defined in section 83(i)) with respect to which an election is made
under section 83(i) shall be treated as wages--
            ``(1) received on the earliest date described in section
        83(i)(1)(B), and
            ``(2) in an amount equal to the amount included in income
        under section 83 for the taxable year which includes such
        date.''.
            (2) Amount of withholding.--Section 3402 of such Code is
        amended by adding at the end the following new subsection:
    ``(t) Rate of Withholding for Certain Stock.--In the case of any
qualified stock (as defined in section 83(i)) with respect to which an
election is made under section 83(i), the rate of tax under subsection
(a) shall not be less than the maximum rate of tax in effect under
section 1.''.
    (c) Coordination With Other Deferred Compensation Rules.--
            (1) Election to apply deferral to statutory options.--
                    (A) Incentive stock options.--Section 422(b) of the
                Internal Revenue Code of 1986 is amended by inserting
                ``or any option with respect to which an election is
                made under section 83(i)'' after ``as an incentive
                stock option''.
                    (B) Employee stock purchase plans.--Section 423(a)
                of such Code is amended by adding at the end the
                following flush sentence:
``The preceding sentence shall not apply to any share of stock or
option with respect to which an election is made under section
83(i).''.
            (2) Exclusion from definition of nonqualified deferred
        compensation plan.--Subsection (d) of section 409A of the
        Internal Revenue Code of 1986 is amended by adding at the end
        the following new paragraph:
            ``(7) Treatment of qualified stock.--Receipt of stock shall
        not be treated as a nonqualified deferred compensation plan
        solely because of an election under 83(i).''.
    (d) Information Reporting.--Section 6051 of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (6) the following
new paragraph:
            ``(7) the amounts subject to subparagraphs (A) and (B) of
        section 83(i)(1),''.
    (e) Penalty for Failure of Employer To Provide Notice of Tax
Consequences.--Section 6652 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
    ``(o) Failure To Provide Notice Under Section 83(i).--In the case
of each failure to provide a notice as required by section 83(i)(5)(B),
at the time prescribed therefor, unless it is shown that such failure
is due to reasonable cause and not to willful neglect, there shall be
paid, on notice and demand of the Secretary and in the same manner as
tax, by the person failing to provide such notice, an amount equal to
$100 for each such failure, but the total amount imposed on such person
for all such failures during any calendar year shall not exceed
$50,000.''.
    (f) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to any property--
                    (A) in which the rights of the person who has the
                beneficial interest in such property are not
                transferable before January 1, 2017, and
                    (B) which is subject to a substantial risk of
                forfeiture before such date.
            (2) Requirement to provide notice.--The amendments made by
        subsection (e) shall apply to failures after December 31, 2016.

Output: Empowering Employees through Stock Ownership Act  This bill amends the Internal Revenue Code to allow an employee to elect to defer, for income tax purposes, income attributable to certain stock transferred to the employee by an employer.  The employee may defer the inclusion of income from the stock until the year that includes the earliest of the dates on which:    the stock is sold, exchanged, or otherwise transferred;   the employee becomes an excluded employee;   stock of the corporation becomes readily tradable on an established securities market;   seven years has passed after the rights of the employee in the stock are transferrable or are not subject to a substantial risk of forfeiture, whichever occurs earlier; or  the employee elects to include the amount in income.   The stock must meet specified requirements and be transferred to the employee from an eligible corporation in connection with the performance of services as an employee.  A corporation is eligible if: (1) no stock of the corporation is readily tradable on an established securities market during the year or any preceding year, and (2) it has a written plan under which at least 80% of all employees have the same rights and privileges to receive stock for the year.  Employees are excluded if they are or have been: (1) a 1% owner, the chief executive officer, or the chief financial officer of the corporation; (2) a family member of the specified individuals; (3) or one of the four highest compensated officers of the corporation.  The corporation transferring stock must notify employees regarding the option of deferring income and meet specified withholding and reporting requirements.


Input:
SECTION 1. FINDINGS.

    Congress finds that--
            (1) born in 1928 in Latrobe, Pennsylvania, Fred McFeely
        Rogers, was raised in an environment where education was highly
        valued, and which fostered an active imagination;
            (2) Fred Rogers earned his bachelor's degree in music
        composition at Rollins College in Winter Park, Florida in 1951;
            (3) upon graduation, he was hired by NBC television in New
        York as an assistant producer for ``The Voice of Firestone'',
        and later as floor director for ``The Lucky Strike Hit
        Parade'', ``The Kate Smith Hour'', and the ``NBC Opera
        Theatre'';
            (4) Fred Rogers later studied child development at the
        University of Pittsburgh, attended Pittsburgh Theological
        Seminary, and was ordained as a Presbyterian minister;
            (5) in 1953, Fred Rogers began production of the television
        program ``The Children's Corner'', one of his first efforts as
        a producer, which was a live, daily, hour-long variety show
        that incorporated his talents as a musician and puppeteer;
            (6) in 1955, ``The Children's Corner'' won the Sylvania
        Award for the best locally produced children's program in the
        country;
            (7) it was on this program that Fred Rogers developed and
        first introduced us to his puppet characters, such as King
        Friday XIII, Daniel Striped Tiger, X the Owl, Henrietta
        Pussycat, and Lady Elaine Fairchilde;
            (8) Fred Rogers produced ``Mister Rogers' Neighborhood'',
        and hosted the show on the Public Broadcasting Service (PBS)
        from 1968 until the airing of the final episode in 2001;
            (9) it was through ``Mister Rogers' Neighborhood'' that
        Fred Rogers invited both grownups and children alike to
        actively engage their imaginations, and through the use of
        stories, songs, and puppets, Fred Rogers infused laughter and
        life lessons into each episode;
            (10) time spent in Mr. Rogers' home taught children about
        being a good neighbor, sharing, and expressing thoughts and
        emotions;
            (11) transported by the famous trolley to the ``Land of
        Make Believe'', ``Mister Rogers' Neighborhood'' allowed
        children to escape to a safe place that creatively encouraged
        them to use their imaginations and showed them the benefits of
        being a friendly neighbor;
            (12) ``Mister Rogers' Neighborhood'' was the longest-
        running program on PBS, and was created and filmed in Fred
        Rogers' hometown of Pittsburgh, Pennsylvania;
            (13) Fred Rogers' caring, genuine spirit reflected the
        values shared by the people of southwestern Pennsylvania and by
        so many neighborhoods throughout the country;
            (14) ``Mister Rogers' Neighborhood'' continues to air as a
        nurturing, educational program for children, emphasizing the
        value of every individual and helping children understand how
        they fit into their families, communities, and country;
            (15) each episode of ``Mister Rogers' Neighborhood'' was
        carefully crafted by Fred Rogers to convey wholesome, uplifting
        messages for the children who watched;
            (16) Fred Rogers was appointed Chairman of the Forum on
        Mass Media and Child Development of the White House Conference
        on Youth in 1968;
            (17) winning 4 Emmy Awards, ``Lifetime Achievement'' Awards
        from the National Academy of Television Arts and Sciences and
        the TV Critics Association, and 2 George Foster Peabody Awards,
        Fred Rogers won every major award in television for which he
        was eligible, and was inducted into the Television Hall of Fame
        in 1999;
            (18) President George W. Bush awarded Fred Rogers the
        Presidential Medal of Honor in 2002, and throughout his
        lifetime, Fred Rogers was presented with over 40 honorary
        degrees from colleges and universities; and
            (19) in a country where children face neglect and may live
        without the benefit of loving parents, Fred McFeely Rogers
        succeeded, through his simple television program, in connecting
        with children on an intellectual and emotional level, while
        teaching them to value themselves and others.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

    (a) Presentation Authorized.--The President is authorized, on
behalf of the Congress, to posthumously award a gold medal of
appropriate design to Fred McFeely Rogers.
    (b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.

SEC. 3. DUPLICATE MEDALS.

    The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2, under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.

SEC. 4. NATIONAL MEDALS.

    The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.

SEC. 5. FUNDING.

    (a) Authority to Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $30,000, to pay for the cost of the medals authorized by
this Act.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.

Output: Authorizes the President to posthumously award a gold medal, on behalf of Congress, to Fred McFeely Rogers ("Mister Rogers" of "Mister Rogers Neighborhood" public television program) in recognition of his lasting contributions to the application of creativity and imagination in the early education of our Nation's children, and to his lasting example to the Nation and the world of what it means to be a good neighbor.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Copyright Improvement Act
of 1995''.

SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.

    (a) Definition of Financial Gain.--Section 101 of title 17, United
States Code, is amended by inserting after the undesignated paragraph
relating to the term ``display'', the following new paragraph:
            ``The term `financial gain' includes receipt of anything of
        value, including the receipt of other copyrighted works.''.
    (b) Criminal Offenses.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
    ``(a) Criminal Infringement.--Any person who infringes a copyright
willfully either--
            ``(1) for purposes of commercial advantage or private
        financial gain; or
            ``(2) by the reproduction or distribution, including by
        transmission, or assisting others in such reproduction or
        distribution, of 1 or more copies, of 1 or more copyrighted
        works, which have a total retail value of $5,000 or more,
shall be punished as provided under section 2319 of title 18.''.
    (c) Limitation on Criminal Proceedings.--Section 507(a) of title
17, United States Code, is amended by striking out ``three'' and
inserting in lieu thereof ``five''.
    (d) Criminal Infringement of a Copyright.--Section 2319 of title
18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by
                striking out ``subsection (a) of this section'' and
                inserting in lieu thereof ``section 506(a)(1) of title
                17'';
                    (B) in paragraph (1)--
                            (i) by inserting ``including by
                        transmission, or assisting others in such
                        reproduction or distribution,'' after ``if the
                        offense consists of the reproduction or
                        distribution,'';
                            (ii) by striking out ``with a retail value
                        of more than $2,500'' and inserting in lieu
                        thereof ``which have a total retail value of
                        more than $5,000''; and
                            (iii) by adding ``and'' at the end thereof;
                    (C) by striking out paragraph (2); and
                    (D) by redesignating paragraph (3) as paragraph
                (2); and
            (2) by redesignating subsection (c) as subsection (f) and
        inserting after subsection (b) the following:
    ``(c) Any person who commits an offense under section 506(a)(2) of
title 17--
            ``(1) shall be imprisoned not more than 5 years, or fined
        in the amount set forth in this title, or both, if the offense
        consists of the reproduction or distribution, including by
        transmission, or assisting others in such reproduction or
        distribution, of 1 or more copyrighted works, which have a
        total retail value of more than $10,000; and
            ``(2) shall be imprisoned not more than 1 year, or fined in
        the amount set forth in this title, or both, in any other case.
    ``(d) Any person who commits an offense under subsection (a) shall
be imprisoned not more than 10 years, or fined in the amount set forth
in this title, or both, if the offense is a second or subsequent felony
offense under that subsection.
    ``(e)(1) During preparation of the presentence report pursuant to
rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
            ``(A) producers and sellers of legitimate works affected by
        conduct involved in the offense;
            ``(B) holders of intellectual property rights in such
        works; and
            ``(C) the legal representatives of such producers, sellers,
        and holders.''.
    (e) Unauthorized Fixation and Trafficking of Live Musical
Performances.--Section 2319A of title 18, United States Code, is
amended--
            (1) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Victim Impact Statement.--(1) During preparation of the
presentence report pursuant to rule 32(c) of the Federal Rules of
Criminal Procedure, victims of the offense shall be permitted to
submit, and the probation officer shall receive, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim, including the
estimated economic impact of the offense on that victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
            ``(A) producers and sellers of legitimate works affected by
        conduct involved in the offense;
            ``(B) holders of intellectual property rights in such
        works; and
            ``(C) the legal representatives of such producers, sellers,
        and holders.''.
    (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of
title 18, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d)(1) During preparation of the presentence report pursuant to
rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
            ``(A) producers and sellers of legitimate goods or services
        affected by conduct involved in the offense;
            ``(B) holders of intellectual property rights in such goods
        or services; and
            ``(C) the legal representatives of such producers, sellers,
        and holders.''.
    (g) Directive to Sentencing Commission.--(1) Under the authority of
the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987)
and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101
Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the
sentencing guidelines and policy statements), the United States
Sentencing Commission shall ensure that the applicable guideline range
for a defendant convicted of a crime against intellectual property
(including offenses set forth at section 506(a) of title 17, United
States Code, and sections 2319, 2319A and 2320 of title 18, United
States Code) is sufficiently stringent to deter such a crime, and to
adequately reflect the additional considerations set forth in paragraph
(2) of this subsection.
    (2) In implementing paragraph (1), the Sentencing Commission shall
ensure that the guidelines provide for consideration of the retail
value of the legitimate items that are infringed upon and the quantity
of items so infringed.

Output:
Criminal Copyright Improvement Act of 1995 - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works.
Sets penalties for willfully infringing a copyright by reproducing or distributing, including by transmission, or assisting others in the reproduction or distribution of, one or more copies of one or more copyrighted works which have a total retail value of $5,000 or more.
Extends the statute of limitations for criminal copyright infringement from three to five years.
Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright:  (1) for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by transmission, or assisting others in such reproduction or distribution, during any 180-day period, of at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $5,000; or (2) otherwise by reproducing or distributing one or more copyrighted works which have a total retail value of more than $10,000.  Provides for:  (1) up to one year's imprisonment in any other such infringement case; and (2) up to ten years' imprisonment for a second or subsequent felony offense.
Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim.
Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and to adequately reflect consideration of the retail value of the legitimate items that are infringed upon and the quantity of items so infringed.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Executive Board
Authorization Act of 2009''.

SEC. 2. FEDERAL EXECUTIVE BOARDS.

    (a) In General.--Chapter 11 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 1106. Federal Executive Boards
    ``(a) Purposes.--The purposes of this section are to--
            ``(1) strengthen the coordination of Government activities;
            ``(2) facilitate interagency collaboration to improve the
        efficiency and effectiveness of Federal programs;
            ``(3) facilitate communication and collaboration on Federal
        emergency preparedness and continuity of operations for the
        Federal workforce in applicable geographic areas; and
            ``(4) provide stable funding for Federal Executive Boards.
    ``(b) Definitions.--In this section:
            ``(1) Agency.--The term `agency'--
                    ``(A) means an Executive agency as defined under
                section 105; and
                    ``(B) shall not include the Government
                Accountability Office.
            ``(2) Director.--The term `Director' means the Director of
        the Office of Personnel Management.
            ``(3) Federal executive board.--The term `Federal Executive
        Board' means an interagency entity established by the Director,
        in consultation with the headquarters of appropriate agencies,
        in a geographic area with a high concentration of Federal
        employees outside the Washington, D.C. metropolitan area to
        strengthen the management and administration of agency
        activities and coordination among local Federal officers to
        implement national initiatives in that geographic area.
    ``(c) Establishment.--
            ``(1) In general.--The Director shall establish Federal
        Executive Boards in geographic areas outside the Washington,
        D.C. metropolitan area. Before establishing Federal Executive
        Boards that are not in existence on the date of enactment of
        this section, the Director shall consult with the headquarters
        of appropriate agencies to determine the number and location of
        the Federal Executive Boards.
            ``(2) Membership.--Each Federal Executive Board for a
        geographic area shall consist of an appropriate senior officer
        for each agency in that geographic area. The appropriate senior
        officer may designate, by title of office, an alternate
        representative who shall attend meetings and otherwise
        represent the agency on the Federal Executive Board in the
        absence of the appropriate senior officer. An alternate
        representative shall be a senior officer in the agency.
            ``(3) Location of federal executive boards.--In determining
        the location for the establishment of Federal Executive Boards,
        the Director shall consider--
                    ``(A) whether a Federal Executive Board exists in a
                geographic area on the date of enactment of this
                section;
                    ``(B) whether a geographic area has a strong,
                viable, and active Federal Executive Association;
                    ``(C) whether the Federal Executive Association of
                a geographic area petitions the Director to become a
                Federal Executive Board; and
                    ``(D) such other factors as the Director and the
                headquarters of appropriate agencies consider relevant.
    ``(d) Administration and Oversight.--
            ``(1) In general.--The Director shall provide for the
        administration and oversight of Federal Executive Boards,
        including--
                    ``(A) establishing staffing policies in
                consultation with the headquarters of agencies
                participating in Federal Executive Boards;
                    ``(B) designating an agency to staff each Federal
                Executive Board based on recommendations from that
                Federal Executive Board;
                    ``(C) establishing communications policies for the
                dissemination of information to agencies;
                    ``(D) in consultation with the headquarters of
                appropriate agencies, establishing performance
                standards for the Federal Executive Board staff;
                    ``(E) developing accountability initiatives to
                ensure Federal Executive Boards are meeting performance
                standards; and
                    ``(F) administering Federal Executive Board funding
                through the fund established in subsection (f).
            ``(2) Staffing.--In making designations under paragraph
        (1)(B), the Director shall give preference to agencies staffing
        Federal Executive Boards.
    ``(e) Governance and Activities.--
            ``(1) In general.--Each Federal Executive Board shall--
                    ``(A) subject to the approval of the Director,
                adopt by-laws or other rules for the internal
                governance of the Federal Executive Board;
                    ``(B) elect a Chairperson from among the members of
                the Federal Executive Board, who shall serve for a set
                term;
                    ``(C) serve as an instrument of outreach for the
                national headquarters of agencies relating to agency
                activities in the geographic area;
                    ``(D) provide a forum for the exchange of
                information relating to programs and management methods
                and problems--
                            ``(i) between the national headquarters of
                        agencies and the field; and
                            ``(ii) among field elements in the
                        geographic area;
                    ``(E) develop local coordinated approaches to the
                development and operation of programs that have common
                characteristics;
                    ``(F) communicate management initiatives and other
                concerns from Federal officers and employees in the
                Washington, D.C. area to Federal officers and employees
                in the geographic area to achieve better mutual
                understanding and support;
                    ``(G) develop relationships with State and local
                governments and nongovernmental organizations to help
                fulfill the roles and responsibilities of that Board;
                    ``(H) in coordination with appropriate agencies and
                consistent with any relevant memoranda of understanding
                between the Office of Personnel Management and such
                agencies, facilitate communication, collaboration, and
                training to prepare the Federal workforce for
                emergencies and continuity of operations; and
                    ``(I) take other actions as agreed to by the
                Federal Executive Board and the Director.
            ``(2) Coordination of certain activities.--The facilitation
        of communication, collaboration, and training described under
        paragraph (1)(H) shall, when appropriate, be coordinated and
        defined through memoranda of understanding entered into between
        the Director and headquarters of appropriate agencies.
    ``(f) Funding.--
            ``(1) Establishment of fund.--The Director shall establish
        a fund within the Office of Personnel Management for financing
        essential Federal Executive Board functions--
                    ``(A) including basic staffing and operating
                expenses; and
                    ``(B) excluding the costs of the Office of
                Personnel Management relating to administrative and
                oversight activities conducted under subsection (d).
            ``(2) Deposits.--There shall be deposited in the fund
        established under paragraph (1) contributions from the
        headquarters of each agency participating in Federal Executive
        Boards, in an amount determined by a formula established by the
        Director, in consultation with the headquarters of such
        agencies and the Office of Management and Budget.
            ``(3) Contributions.--
                    ``(A) Formula.--The formula for contributions
                established by the Director shall consider the number
                of employees in each agency in all geographic areas
                served by Federal Executive Boards. The contribution of
                the headquarters of each agency to the fund shall be
                recalculated at least every 2 years.
                    ``(B) In-kind contributions.--At the sole
                discretion of the Director, the headquarters of an
                agency may provide in-kind contributions instead of
                providing monetary contributions to the fund.
            ``(4) Use of excess amounts.--Any unobligated and
        unexpended balances in the fund which the Director determines
        to be in excess of amounts needed for essential Federal
        Executive Board functions shall be allocated by the Director,
        in consultation with the headquarters of agencies participating
        in Federal Executive Boards, among the Federal Executive Boards
        for the activities under subsection (e) and other priorities,
        such as conducting training.
            ``(5) Administrative and oversight costs.--The Office of
        Personnel Management shall pay for costs relating to
        administrative and oversight activities conducted under
        subsection (d) from appropriations made available to the Office
        of Personnel Management.
    ``(g) Reports.--The Director shall submit annual reports to
Congress and agencies on Federal Executive Board program outcomes and
budget matters.
    ``(h) Regulations.--The Director shall prescribe regulations
necessary to carry out this section.''.
    (b) Report.--Not later than 60 days after the date of enactment of
this Act, the Director of the Office of Personnel Management shall
submit a report 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 that includes--
            (1) a description of essential Federal Executive Board
        functions;
            (2) details of basic staffing requirements for each Federal
        Executive Board;
            (3) estimates of basic staffing and operating expenses for
        each Federal Executive Board; and
            (4) a comparison of basic staffing and operating expenses
        for Federal Executive Boards operating before the date of
        enactment of this Act and such expenses for Federal Executive
        Boards after the implementation of this Act.
    (c) Technical and Conforming Amendments.--The table of sections for
chapter 11 of title 5, United States Code, is amended by inserting
after the item relating to section 1105 the following:

``1106. Federal Executive Boards.''.

            Passed the Senate November 5, 2009.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.

Output:
Federal Executive Board Authorization Act of 2009 - Requires the Director of the Office of Personnel Management (OPM) to establish Federal Executive Boards, which are defined as interagency entities established in a geographic area with a high concentration of federal employees outside the Washington, D.C. metropolitan area to strengthen the management and administration of agency activities and coordination among local federal officers to implement national initiatives in that area. Requires each Board for a geographic area to consist of a senior officer for each agency in that area.

Requires the Director to: (1) consider specified factors in determining the location for establishment of such Boards, such as whether a geographic area has a strong, viable, and active Federal Executive Association and whether such Association petitions to become a Board; and (2) provide for the administration and oversight of such Boards, including by establishing staffing and communications policies and performance standards for Board staff.

Requires each Board to: (1) serve as an instrument of outreach for the national headquarters of agencies relating to agency activities in the geographic area; (2) provide a forum for the exchange of information relating to programs and management methods and problems between the national headquarters of agencies and the field; (3) develop local coordinated approaches to the development and operation of programs that have common characteristics; (4) communicate management initiatives and other concerns from federal officers and employees in the Washington, D.C. area to federal officers and employees in the geographic area to achieve better mutual understanding and support; (5) develop relationships with state and local governments and nongovernmental organizations to help fulfill the roles and responsibilities of that Board; and (6) facilitate communication, collaboration, and training to prepare the federal workforce for emergencies and continuity of operations.

Requires the Director to: (1) establish a fund within OPM for financing essential Board functions, into which contributions from the headquarters of each participating agency shall be deposited; (2) submit annual reports to Congress and agencies on Board program outcomes and budget matters; and (3) report to specified congressional committees on essential Board functions, staffing requirements, and staffing and operating expenses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Taxation on Device Innovation
Act''.

SEC. 2. REPEAL OF THE MEDICAL DEVICE EXCISE TAX.

    (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 4221 of such Code is amended
        by striking the last sentence.
            (2) Paragraph (2) of section 6416(b) of such Code is
        amended by striking the last sentence.
    (c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by striking the item related to subchapter E.
    (d) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2017.

SEC. 3. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
              INTEGRATED OIL COMPANIES.

    (a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)) may not use the method provided in subsection (b) in
inventorying of any goods.''.
    (b) Effective Date and Special Rule.--
            (1) In general.--The amendment made by subsection (a) shall
        apply to taxable years beginning after December 31, 2017.
            (2) Change in method of accounting.--In the case of any
        taxpayer required by the amendment made by this section to
        change its method of accounting for its first taxable year
        beginning after the date of the enactment of this Act--
                    (A) such change shall be treated as initiated by
                the taxpayer;
                    (B) such change shall be treated as made with the
                consent of the Secretary of the Treasury; and
                    (C) the net amount of the adjustments required to
                be taken into account by the taxpayer under section 481
                of the Internal Revenue Code of 1986 shall be taken
                into account ratably over a period (not greater than 8
                taxable years) beginning with such first taxable year.

SEC. 4. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.

    (a) Definitions.--In this section:
            (1) Covered lease.--The term ``covered lease'' means a
        lease for oil or gas production in the Gulf of Mexico that is--
                    (A) in existence on the date of enactment of this
                Act;
                    (B) issued by the Department of the Interior under
                section 304 of the Outer Continental Shelf Deep Water
                Royalty Relief Act (43 U.S.C. 1337 note; Public Law
                104-58); and
                    (C) not subject to limitations on royalty relief
                based on market price that are equal to or less than
                the price thresholds described in clauses (v) through
                (vii) of section 8(a)(3)(C) of the Outer Continental
                Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
            (2) Lessee.--The term ``lessee'' includes any person or
        other entity that controls, is controlled by, or is in or under
        common control with, a lessee.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
    (b) Issuance of New Leases.--
            (1) In general.--The Secretary shall not issue any new
        lease that authorizes the production of oil or natural gas
        under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
        seq.) to a person described in paragraph (2) unless the person
        has renegotiated each covered lease with respect to which the
        person is a lessee to modify the payment responsibilities of
        the person to require the payment of royalties if the price of
        oil and natural gas is greater than or equal to the price
        thresholds described in clauses (v) through (vii) of section
        8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
        1337(a)(3)(C)).
            (2) Persons described.--A person referred to in paragraph
        (1) is a person that--
                    (A) is a lessee that--
                            (i) holds a covered lease on the date on
                        which the Secretary considers the issuance of
                        the new lease; or
                            (ii) was issued a covered lease before the
                        date of enactment of this Act, but transferred
                        the covered lease to another person or entity
                        (including a subsidiary or affiliate of the
                        lessee) after the date of enactment of this
                        Act; or
                    (B) any other person that has any direct or
                indirect interest in, or that derives any benefit from,
                a covered lease.
            (3) Multiple lessees.--
                    (A) In general.--For purposes of paragraph (1), if
                there are multiple lessees that own a share of a
                covered lease, the Secretary may implement separate
                agreements with any lessee with a share of the covered
                lease that modifies the payment responsibilities with
                respect to the share of the lessee to include price
                thresholds that are equal to or less than the price
                thresholds described in clauses (v) through (vii) of
                section 8(a)(3)(C) of the Outer Continental Shelf Lands
                Act (43 U.S.C. 1337(a)(3)(C)).
                    (B) Treatment of share as covered lease.--Beginning
                on the effective date of an agreement under
                subparagraph (A), any share subject to the agreement
                shall not constitute a covered lease with respect to
                any lessees that entered into the agreement.
    (c) Transfers.--A lessee or any other person who has any direct or
indirect interest in, or who derives a benefit from, a lease shall not
be eligible to obtain by sale or other transfer (including through a
swap, spinoff, servicing, or other agreement) any covered lease, the
economic benefit of any covered lease, or any other lease for the
production of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee
or other person has--
            (1) renegotiated each covered lease with respect to which
        the lessee or person is a lessee, to modify the payment
        responsibilities of the lessee or person to include price
        thresholds that are equal to or less than the price thresholds
        described in clauses (v) through (vii) of section 8(a)(3)(C) of
        the Outer Continental Shelf Lands Act (43 U.S.C.
        1337(a)(3)(C)); or
            (2) entered into an agreement with the Secretary to modify
        the terms of all covered leases of the lessee or other person
        to include limitations on royalty relief based on market prices
        that are equal to or less than the price thresholds described
        in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
        Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
    (d) Price Thresholds for Royalty Suspension Provisions.--
            (1) In general.--The Secretary shall agree to a request by
        any lessee to amend any lease issued for any Central and
        Western Gulf of Mexico tract during the period of January 1,
        1996, through November 28, 2000, to incorporate price
        thresholds applicable to royalty suspension provisions, that
        are equal to or less than the price thresholds described in
        clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
        Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
            (2) Requirement.--
                    (A) In general.--A lease amended under paragraph
                (1) shall impose the new or revised price thresholds
                effective January 1, 2018.
                    (B) Existing lease provisions.--Existing lease
                provisions for a lease amended under paragraph (1)
                shall prevail through December 31, 2017.

Output: No Taxation on Device Innovation Act This bill amends the Internal Revenue Code to repeal the excise tax on medical devices. The bill also prohibits: (1) major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (2) the issuance of new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act to any person who does not renegotiate certain existing leases to require royalty payments if the price of oil and natural gas is greater than or equal to specified price thresholds.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healing the Invisible Wounds Act of
2006''.

SEC. 2. NOTICE AND WAIT ON MODIFICATION OF HANDLING OF POST-TRAUMATIC
              STRESS DISORDER UNDER DISABILITY COMPENSATION RATING
              SYSTEM.

    The Secretary of Veterans Affairs may not implement any
modification in the manner in which Post-Traumatic Stress Disorder
(PTSD) is handled in the rating of service-connected disabilities for
purposes of the payment of compensation under chapter 11 of title 38,
United States Code, until the date that is six months after the date on
which the Secretary submits to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on such proposed
modification.

SEC. 3. COUNSELING FOR MEMBERS OF THE NATIONAL GUARD AND RESERVES
              RETURNING FROM DEPLOYMENT IN A COMBAT THEATER.

    (a) Expansion of Reunion and Re-Entry From Combat Program.--
            (1) In general.--The Secretary of Veterans Affairs, in
        consultation with the Secretary of Defense, shall provide to
        each member of the National Guard and Reserves described in
        subsection (b) the counseling services described in subsection
        (c) upon the return of such member from a deployment in a
        combat theater.
            (2) Purpose of services.--The purpose of the counseling
        services provided under this section is to assist members of
        the National Guard and Reserves described in subsection (b) in
        making the readjustment to civilian life in the United States
        upon their return from a combat theater.
    (b) Covered Members of the National Guard and Reserves.--A member
of the National Guard and Reserves described in this subsection is any
member of the National Guard or the Reserves who serves on active duty
in a combat theater.
    (c) Counseling To Be Provided.--The counseling services to be
provided under this subsection shall include the following:
            (1) A session of group counseling provided to such member
        together with such other number of members as the Secretary
        determines appropriate for the purpose of this section.
            (2) A session, of not less than one hour duration, of
        private counseling provided to such member.
            (3) A presentation on counseling-related matters, including
        on the readjustment counseling and related mental health
        services available under section 1712A of title 38, United
        States Code, provided to the family of such member.
            (4) Such other counseling services as the Secretary
        determines appropriate for the purpose of this section.
    (d) Means of Providing Counseling.--Counseling services shall be
provided under this section through the personnel of the centers
(commonly referred to as ``vet centers'') providing readjustment
counseling and related mental health services for veterans under
section 1712A of title 38, United States Code.
    (e) Timing of Counseling.--The counseling provided to a member of
the National Guard and Reserves under paragraphs (1) and (2) of
subsection (c) shall be provided not later than 14 days after the date
of the return of the member to the member's home following a deployment
to a combat theater.
    (f) Retention on Active Duty Pending Counseling.--A member of the
National Guard and Reserves described in subsection (a) shall be
retained on active duty in the Armed Forces until the provision of the
counseling required to be provided under paragraphs (1) and (2) of
subsection (c).
    (g) Additional Counseling.--The Secretary shall ensure that the
centers referred to in subsection (d), as part of the discharge of
their functions under section 1712A of title 38, United States Code,
provide, and have sufficient resources to provide, such follow-up and
additional counseling services to veterans described in subsection (a)
as such veterans shall request from such centers, in accordance with
applicable law.
    (h) Report.--
            (1) Report required.--Not later than one year after the
        date of the commencement of the provision of counseling
        services under this section, the Secretary shall submit to the
        appropriate committees of Congress a report on the provision of
        such services under this section.
            (2) Elements.--The report required by paragraph (1) shall
        include information as follows:
                    (A) The cost of the provision of counseling
                services under this section.
                    (B) An assessment of the efficacy of such services
                in meeting the readjustment needs of veterans described
                in subsection (a).
                    (C) An assessment (based on surveys or such
                information as the Secretary considers appropriate) of
                the satisfaction of veterans described in subsection
                (a) with the services provided under this section,
                including the manner in which such services are
                provided.
                    (D) The number of followup visits for counseling
                and services of veterans described in subsection (a)
                and the number of visits of family members of such
                veterans for counseling and services.
                    (E) Such recommendations as the Secretary considers
                appropriate in order to enhance the services provided
                under this section, including the manner in which such
                services are provided.
    (i) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
            (1) the Committees on Veterans' Affairs and Armed Services
        of the Senate; and
            (2) the Committees on Veterans' Affairs and Armed Services
        of the House of Representatives.
    (j) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Veterans Affairs for fiscal year
2007, such sums as may be necessary for the provision of counseling
services under this section.

SEC. 4. FUNDING FOR VET CENTERS.

    There is authorized to be appropriated to the Department of
Veterans Affairs for fiscal year 2007, $180,000,000 for the provision
of readjustment counseling and related mental health services through
centers (commonly referred to as ``vet centers'') under section 1712A
of title 38, United States Code.

Output:
Healing the Invisible Wounds Act of 2006 - Prohibits the Secretary of Veterans Affairs from implementing any modification in the manner in which post-traumatic stress disorder (PTSD) is handled in the rating of service-connected disabilities for purposes of the payment of veterans' disability compensation until six months after the Secretary reports to the congressional veterans' committees on the proposed modification.

Directs the Secretary to provide to each member of the National Guard and reserves who serves on active duty in a combat theater a session of group counseling, a session of private counseling, and a presentation on counseling-related matters to the family of such member. Requires the member's counseling to be provided within 14 days after their return from such deployment. Authorizes additional counseling upon member request.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permanent Stewardship Contracting
Authority Act of 2013''.

SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

    (a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591) is amended by adding at the end the following:

``SEC. 602. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

    ``(a) Definitions.--In this section:
            ``(1) Chief.--The term `Chief' means the Chief of the
        Forest Service.
            ``(2) Director.--The term `Director' means the Director of
        the Bureau of Land Management.
    ``(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private entities to
perform services to achieve land management goals for the national
forests and public lands that meet local and rural community needs.
    ``(c) Land Management Goals.--The land management goals of a
project under subsection (b) may include--
            ``(1) road and trail maintenance or obliteration to restore
        or maintain water quality;
            ``(2) soil productivity, habitat for wildlife and
        fisheries, or other resource values;
            ``(3) setting of prescribed fires to improve the
        composition, structure, condition, and health of stands or to
        improve wildlife habitat;
            ``(4) removing vegetation or other activities to promote
        healthy forest stands, reduce fire hazards, or achieve other
        land management objectives;
            ``(5) watershed restoration and maintenance;
            ``(6) restoration and maintenance of wildlife and fish; or
            ``(7) control of noxious and exotic weeds and
        reestablishing native plant species.
    ``(d) Agreements or Contracts.--
            ``(1) Procurement procedure.--A source for performance of
        an agreement or contract under subsection (b) shall be selected
        on a best-value basis, including consideration of source under
        other public and private agreements or contracts.
            ``(2) Contract for sale of property.--A contract entered
        into under this section may, at the discretion of the Secretary
        of Agriculture, be considered a contract for the sale of
        property under such terms as the Secretary may prescribe
        without regard to any other provision of law.
            ``(3) Term.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), the Chief and the Director may enter
                into a contract under subsection (b) in accordance with
                section 3903 of title 41, United States Code.
                    ``(B) Maximum.--The period of the contract under
                subsection (b) may exceed 5 years but may not exceed 10
                years.
            ``(4) Offsets.--
                    ``(A) In general.--The Chief and the Director may
                apply the value of timber or other forest products
                removed as an offset against the cost of services
                received under the agreement or contract described in
                subsection (b).
                    ``(B) Methods of appraisal.--The value of timber or
                other forest products used as an offset under
                subparagraph (A)--
                            ``(i) shall be determined using appropriate
                        methods of appraisal commensurate with the
                        quantity of products to be removed; and
                            ``(ii) may--
                                    ``(I) be determined using a unit of
                                measure appropriate to the contracts;
                                and
                                    ``(II) may include valuing products
                                on a per-acre basis.
            ``(5) Relation to other laws.--Notwithstanding subsections
        (d) and (g) of section 14 of the National Forest Management Act
        of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement
        or contract under subsection (b).
            ``(6) Contracting officer.--Notwithstanding any other
        provision of law, the Secretary or the Secretary of the
        Interior may determine the appropriate contracting officer to
        enter into and administer an agreement or contract under
        subsection (b).
    ``(e) Receipts.--
            ``(1) In general.--The Chief and the Director may collect
        monies from an agreement or contract under subsection (b) if
        the collection is a secondary objective of negotiating the
        contract that will best achieve the purposes of this section.
            ``(2) Use.--Monies from an agreement or contract under
        subsection (b)--
                    ``(A) may be retained by the Chief and the
                Director; and
                    ``(B) shall be available for expenditure without
                further appropriation at the project site from which
                the monies are collected or at another project site.
            ``(3) Relation to other laws.--
                    ``(A) In general.--Notwithstanding any other
                provision of law, the value of services received by the
                Chief or the Director under a stewardship contract
                project conducted under this section, and any payments
                made or resources provided by the contractor, Chief, or
                Director shall not be considered monies received from
                the National Forest System or the public lands.
                    ``(B) Knutson-vanderberg act.--The Act of June 9,
                1930 (commonly known as the `Knutson-Vanderberg Act')
                (16 U.S.C. 576 et seq.) shall not apply to any
                agreement or contract under subsection (b).
    ``(f) Costs of Removal.--Notwithstanding the fact that a contractor
did not harvest the timber, the Chief may collect deposits from a
contractor covering the costs of removal of timber or other forest
products under--
            ``(1) the Act of August 11, 1916 (16 U.S.C. 490); and
            ``(2) and the Act of June 30, 1914 (16 U.S.C. 498).
    ``(g) Performance and Payment Guarantees.--
            ``(1) In general.--The Chief and the Director may require
        performance and payment bonds under sections 28.103-2 and
        28.103-3 of the Federal Acquisition Regulation, in an amount
        that the contracting officer considers sufficient to protect
        the investment in receipts by the Federal Government generated
        by the contractor from the estimated value of the forest
        products to be removed under a contract under subsection (b).
            ``(2) Excess offset value.--If the offset value of the
        forest products exceeds the value of the resource improvement
        treatments, the Chief and the Director may--
                    ``(A) collect any residual receipts under the Act
                of June 9, 1930 (commonly known as the `Knutson-
                Vanderberg Act') (16 U.S.C. 576 et seq.); and
                    ``(B) apply the excess to other authorized
                stewardship projects.
    ``(h) Monitoring and Evaluation.--
            ``(1) In general.--The Chief and the Director shall
        establish a multiparty monitoring and evaluation process that
        accesses the stewardship contracting projects conducted under
        this section.
            ``(2) Participants.--Other than the Chief and Director,
        participants in the process described in paragraph (1) may
        include--
                    ``(A) any cooperating governmental agencies,
                including tribal governments; and
                    ``(B) any other interested groups or individuals.
    ``(i) Reporting.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Chief and the Director
shall report to the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Agriculture of the House of
Representatives on--
            ``(1) the status of development, execution, and
        administration of agreements or contracts under subsection (b);
            ``(2) the specific accomplishments that have resulted; and
            ``(3) the role of local communities in the development of
        agreements or contract plans.''.
    (b) Conforming Amendment.--Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; Public Law 105-277) is repealed.

Output: Permanent Stewardship Contracting Authority Act of 2013 - Amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and public lands that meet local and rural community needs. States that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. Repeals a section of the Department of the Interior and Related Agencies Appropriations Act, 1999 that provides for forest health protection.