Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Oceanographic Partnership
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The oceans and coastal areas of the United States are
        among the Nation's most valuable natural resources, making
        substantial contributions to economic growth, quality of life,
        and national security.
            (2) Oceans drive global and regional climate. Hence, they
        contain information affecting agriculture, fishing, and the
        prediction of severe weather.
            (3) Understanding of the oceans through basic and applied
        research is essential for using the oceans wisely and
        protecting their limited resources. Therefore, the United
        States should maintain its world leadership in oceanography as
        one key to its competitive future.
            (4) Ocean research and education activities take place
        within Federal agencies, academic institutions, and industry.
        These entities often have similar requirements for research
        facilities, data, and other resources (such as oceanographic
        research vessels).
            (5) The need exists for a formal mechanism to coordinate
        existing partnerships and establish new partnerships for the
        sharing of resources, intellectual talent, and facilities in
        the ocean sciences and education, so that optimal use can be
        made of this most important natural resource for the well-being
        of all Americans.

SEC. 3. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

    (a) Program Required.--(1) Subtitle C of title 10, United States
Code, is amended by adding after chapter 663 the following new chapter:

       ``CHAPTER 665--NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM

``Sec.
``7901. National Oceanographic Partnership Program.
``7902. National Ocean Research Leadership Council.
``7903. Ocean Research Partnership Coordinating Group.
``7904. Ocean Research Advisory Panel.
``Sec. 7901. National Oceanographic Partnership Program
    ``(a) Establishment.--The Secretary of the Navy shall establish a
program to be known as the `National Oceanographic Partnership
Program'.
    ``(b) Purposes.--The purposes of the program are as follows:
            ``(1) To promote the national goals of assuring national
        security, advancing economic development, protecting quality of
        life, and strengthening science education and communication
        through improved knowledge of the ocean.
            ``(2) To coordinate and strengthen oceanographic efforts in
        support of those goals by--
                    ``(A) identifying and carrying out partnerships
                among Federal agencies, academia, industry, and other
                members of the oceanographic scientific community in
                the areas of data, resources, education, and
                communication; and
                    ``(B) reporting annually to Congress on the
                program.
``Sec. 7902. National Ocean Research Leadership Council
    ``(a) Council.--There is a National Ocean Research Leadership
Council (hereinafter in this chapter referred to as the ``Council'').
    ``(b) Membership.--The Council is composed of the following
members:
            ``(1) The Secretary of the Navy, who shall be the chairman
        of the Council.
            ``(2) The Administrator of the National Oceanic and
        Atmospheric Administration, who shall be the vice chairman of
        the Council.
            ``(3) The Director of the National Science Foundation.
            ``(4) The Administrator of the National Aeronautics and
        Space Administration.
            ``(5) The Deputy Secretary of Energy.
            ``(6) The Administrator of the Environmental Protection
        Agency.
            ``(7) The Commandant of the Coast Guard.
            ``(8) The Director of the Geological Survey of the
        Department of the Interior.
            ``(9) The Director of the Defense Advanced Research
        Projects Agency.
            ``(10) The Director of the Minerals Management Service of
        the Department of the Interior.
            ``(11) The President of the National Academy of Sciences,
        the President of the National Academy of Engineering, and the
        President of the Institute of Medicine.
            ``(12) The Director of the Office of Science and
        Technology.
            ``(13) The Director of the Office of Management and Budget.
            ``(14) One member appointed by the Chairman from among
        individuals who will represent the views of ocean industries.
            ``(15) One member appointed by the Chairman from among
        individuals who will represent the views of State governments.
            ``(16) One member appointed by the Chairman from among
        individuals who will represent the views of academia.
            ``(17) One member appointed by the Chairman from among
        individuals who will represent such other views as the Chairman
        considers appropriate.
    ``(c) Term of Office.--The term of office of a member of the
Council appointed under paragraph (14), (15), (16), or (17) of
subsection (b) shall be two years, except that any person appointed to
fill a vacancy occurring before the expiration of the term for which
his predecessor was appointed shall be appointed for the remainder of
such term.
    ``(d) Responsibilities.--The Council shall have the following
responsibilities:
            ``(1) To establish the Ocean Research Partnership
        Coordinating Group as provided in section 7903.
            ``(2) To establish the Ocean Research Advisory Panel as
        provided in section 7904.
            ``(3) To submit to Congress an annual report pursuant to
        subsection (e).
    ``(e) Annual Report.--Not later than March 1 of each year, the
Council shall submit to Congress a report on the National Oceanographic
Partnership Program. The report shall contain the following:
            ``(1) A description of activities of the program carried
        out during the fiscal year before the fiscal year in which the
        report is prepared. The description also shall include a list
        of the members of the Ocean Research Partnership Coordinating
        Group, the Ocean Research Advisory Panel, and any working
        groups in existence during the fiscal year covered.
            ``(2) A general outline of the activities planned for the
        program during the fiscal year in which the report is prepared.
            ``(3) A summary of projects continued from the fiscal year
        before the fiscal year in which the report is prepared and
        projects expected to be started during the fiscal year in which
        the report is prepared and during the following fiscal year.
            ``(4) A description of the involvement of the program with
        Federal interagency coordinating entities.
            ``(5) The amounts requested, in the budget submitted to
        Congress pursuant to section 1105(a) of title 31 for the fiscal
        year following the fiscal year in which the report is prepared,
        for the programs, projects, and activities of the program and
        the estimated expenditures under such programs, projects, and
        activities during such following fiscal year.
``Sec. 7903. Ocean Research Partnership Coordinating Group
    ``(a) Establishment.--The Council shall establish an entity to be
known as the `Ocean Research Partnership Coordinating Group'
(hereinafter in this chapter referred to as the `Coordinating Group').
    ``(b) Membership.--The Coordinating Group shall consist of members
appointed by the Council, with one member appointed from each Federal
department or agency having an oceanographic research or development
program.
    ``(c) Chairman.--The Council shall appoint the Chairman of the
Coordinating Group.
    ``(d) Responsibilities.--Subject to the authority, direction, and
control of the Council, the Coordinating Group shall have the following
responsibilities:
            ``(1) To prescribe policies and procedures to implement the
        National Oceanographic Partnership Program.
            ``(2) To review, select, and identify and allocate funds
        for partnership projects for implementation under the program,
        based on the following criteria:
                    ``(A) Whether the project addresses critical
                research objectives or operational goals, such as data
                accessibility and quality assurance, sharing of
                resources, education, or communication.
                    ``(B) Whether the project has broad participation
                within the oceanographic community.
                    ``(C) Whether the partners have a long-term
                commitment to the objectives of the project.
                    ``(D) Whether the resources supporting the project
                are shared among the partners.
                    ``(E) Whether the project has been subjected to
                adequate peer review.
            ``(3) To promote participation in partnership projects by
        each Federal department and agency involved with oceanographic
        research and development by publicizing the program and by
        prescribing guidelines for participation in the program.
            ``(4) To submit to the Council an annual report pursuant to
        subsection (i).
    ``(e) Partnership Program Office.--The Coordinating Group shall
establish, using competitive procedures, and oversee a partnership
program office to carry out such duties as the Chairman of the
Coordinating Group considers appropriate to implement the National
Oceanographic Partnership Program, including the following:
            ``(1) To establish and oversee working groups to propose
        partnership projects to the Coordinating Group and advise the
        Group on such projects.
            ``(2) To manage peer review of partnership projects
        proposed to the Coordinating Group and competitions for
        projects selected by the Group.
            ``(3) To submit to the Coordinating Group an annual report
        on the status of all partnership projects and activities of the
        office.
    ``(f) Contract and Grant Authority.--The Coordinating Group may
authorize one or more of the departments or agencies represented in the
Group to enter into contracts and make grants, using funds appropriated
pursuant to an authorization for the National Oceanographic Partnership
Program, for the purpose of implementing the program and carrying out
the Coordinating Group's responsibilities.
    ``(g) Forms of Partnership Projects.--Partnership projects selected
by the Coordinating Group may be in any form that the Coordinating
Group considers appropriate, including memoranda of understanding,
cooperative research and development agreements, and similar
instruments.
    ``(h) Annual Report.--Not later than February 1 of each year, the
Coordinating Group shall submit to the Council a report on the National
Oceanographic Partnership Program. The report shall contain, at a
minimum, copies of any recommendations or reports to the Coordinating
Group by the Ocean Research Advisory Panel.
``Sec. 7904. Ocean Research Advisory Panel
    ``(a) Establishment.--The Council shall appoint an Ocean Research
Advisory Panel (hereinafter in this chapter referred to as the
`Advisory Panel') consisting of not less than 10 and not more than 18
members.
    ``(b) Membership.--Members of the Advisory Panel shall be appointed
from among persons who are eminent in the fields of marine science or
marine policy, or related fields, and who are representative, at a
minimum, of the interests of government, academia, and industry.
    ``(c) Responsibilities.--(1) The Coordinating Group shall refer to
the Advisory Panel, and the Advisory Panel shall review, each proposed
partnership project estimated to cost more than $500,000. The Advisory
Panel shall make any recommendations to the Coordinating Group that the
Advisory Panel considers appropriate regarding such projects.
    ``(2) The Advisory Panel shall make any recommendations to the
Coordinating Group regarding activities that should be addressed by the
National Oceanographic Partnership Program that the Advisory Panel
considers appropriate.''.
    (2) The table of chapters at the beginning of subtitle C of title
10, United States Code, and at the beginning of part IV of such
subtitle, are each amended by inserting after the item relating to
chapter 663 the following:

``665. National Oceanographic Partnership Program...........    7901''.

    (b) Initial Appointments of Council Members.--The Secretary of the
Navy shall make the appointments required by section 7902(b) of title
10, United States Code, as added by subsection (a)(1), not later than
December 1, 1996.
    (c) Initial Appointments of Advisory Panel Members.--The National
Ocean Research Leadership Council established by section 7902 of title
10, United States Code, as added by subsection (a)(1), shall make the
appointments required by section 7904 of such title not later than
January 1, 1997.
    (d) First Annual Report of National Ocean Research Leadership
Council.--The first annual report required by section 7902(e) of title
10, United States Code, as added by subsection (a)(1), shall be
submitted to Congress not later than March 1, 1997. The first report
shall include, in addition to the information required by such section,
information about the terms of office, procedures, and responsibilities
of the Ocean Research Advisory Panel established by the Council.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000 for the National Oceanographic Partnership
Program for fiscal year 1997.
    (f) Required Funding for Program Office.--Of the amount
appropriated for the National Oceanographic Partnership Program for
fiscal year 1997, at least $500,000, or 3 percent of the amount
appropriated, whichever is greater, shall be available for operations
of the partnership program office established pursuant to section
7903(e) of title 10, United States Code, for such fiscal year.

Output:
National Oceanographic Partnership Act - Establishes the National Oceanographic Partnership Program.  Sets forth the purposes of the program.
Establishes the:  (1) National Ocean Research Leadership Council; (2) Ocean Research Partnership Coordinating Group; and (3) Ocean Research Advisory Panel under the program.  Sets forth the composition of membership and specified duties of each.  Mandates certain annual reports.
Authorizes appropriations for the National Oceanographic Partnership Program for FY 1997 and requires that a certain amount be available for the operations of the partnership program office for such fiscal year.


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

    (a) Short Title.--This Act may be cited as the ``No Taxpayer
Funding for Abortion and Abortion Insurance Full Disclosure Act of
2014''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
            TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS

Sec. 101. Prohibiting taxpayer funded abortions.
Sec. 102. Amendment to table of chapters.
          TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT

Sec. 201. Clarifying application of prohibition to premium credits and
                            cost-sharing reductions under ACA.
Sec. 202. Revision of notice requirements regarding disclosure of
                            extent of health plan coverage of abortion
                            and abortion premium surcharges.

            TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS

SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS.

    Title 1, United States Code is amended by adding at the end the
following new chapter:

           ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS

``301. Prohibition on funding for abortions.
``302. Prohibition on funding for health benefits plans that cover
                            abortion.
``303. Limitation on Federal facilities and employees.
``304. Construction relating to separate coverage.
``305. Construction relating to the use of non-Federal funds for health
                            coverage.
``306. Non-preemption of other Federal laws.
``307. Construction relating to complications arising from abortion.
``308. Treatment of abortions related to rape, incest, or preserving
                            the life of the mother.
``309. Application to District of Columbia.
``Sec. 301. Prohibition on funding for abortions
    ``No funds authorized or appropriated by Federal law, and none of
the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for any abortion.
``Sec. 302. Prohibition on funding for health benefits plans that cover
              abortion
    ``None of the funds authorized or appropriated by Federal law, and
none of the funds in any trust fund to which funds are authorized or
appropriated by Federal law, shall be expended for health benefits
coverage that includes coverage of abortion.
``Sec. 303. Limitation on Federal facilities and employees
    ``No health care service furnished--
            ``(1) by or in a health care facility owned or operated by
        the Federal Government; or
            ``(2) by any physician or other individual employed by the
        Federal Government to provide health care services within the
        scope of the physician's or individual's employment,
may include abortion.
``Sec. 304. Construction relating to separate coverage
    ``Nothing in this chapter shall be construed as prohibiting any
individual, entity, or State or locality from purchasing separate
abortion coverage or health benefits coverage that includes abortion so
long as such coverage is paid for entirely using only funds not
authorized or appropriated by Federal law and such coverage shall not
be purchased using matching funds required for a federally subsidized
program, including a State's or locality's contribution of Medicaid
matching funds.
``Sec. 305. Construction relating to the use of non-Federal funds for
              health coverage
    ``Nothing in this chapter shall be construed as restricting the
ability of any non-Federal health benefits coverage provider from
offering abortion coverage, or the ability of a State or locality to
contract separately with such a provider for such coverage, so long as
only funds not authorized or appropriated by Federal law are used and
such coverage shall not be purchased using matching funds required for
a federally subsidized program, including a State's or locality's
contribution of Medicaid matching funds.
``Sec. 306. Non-preemption of other Federal laws
    ``Nothing in this chapter shall repeal, amend, or have any effect
on any other Federal law to the extent such law imposes any limitation
on the use of funds for abortion or for health benefits coverage that
includes coverage of abortion, beyond the limitations set forth in this
chapter.
``Sec. 307. Construction relating to complications arising from
              abortion
    ``Nothing in this chapter shall be construed to apply to the
treatment of any infection, injury, disease, or disorder that has been
caused by or exacerbated by the performance of an abortion. This rule
of construction shall be applicable without regard to whether the
abortion was performed in accord with Federal or State law, and without
regard to whether funding for the abortion is permissible under section
308.
``Sec. 308. Treatment of abortions related to rape, incest, or
              preserving the life of the mother
    ``The limitations established in sections 301, 302, and 303 shall
not apply to an abortion--
            ``(1) if the pregnancy is the result of an act of rape or
        incest; or
            ``(2) in the case where a woman suffers from a physical
        disorder, physical injury, or physical illness that would, as
        certified by a physician, place the woman in danger of death
        unless an abortion is performed, including a life-endangering
        physical condition caused by or arising from the pregnancy
        itself.
``Sec. 309. Application to District of Columbia
    ``In this chapter:
            ``(1) Any reference to funds appropriated by Federal law
        shall be treated as including any amounts within the budget of
        the District of Columbia that have been approved by Act of
        Congress pursuant to section 446 of the District of Columbia
        Home Rule Act (or any applicable successor Federal law).
            ``(2) The term `Federal Government' includes the government
        of the District of Columbia.''.

SEC. 102. AMENDMENT TO TABLE OF CHAPTERS.

    The table of chapters for title 1, United States Code, is amended
by adding at the end the following new item:

``4. Prohibiting taxpayer funded abortions..................     301''.

          TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT

SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND
              COST-SHARING REDUCTIONS UNDER ACA.

    (a) In General.--
            (1) Disallowance of refundable credit and cost-sharing
        reductions for coverage under qualified health plan which
        provides coverage for abortion.--
                    (A) In general.--Subparagraph (A) of section
                36B(c)(3) of the Internal Revenue Code of 1986 is
                amended by inserting before the period at the end the
                following: ``or any health plan that includes coverage
                for abortions (other than any abortion or treatment
                described in section 307 or 308 of title 1, United
                States Code)''.
                    (B) Option to purchase or offer separate coverage
                or plan.--Paragraph (3) of section 36B(c) of such Code
                is amended by adding at the end the following new
                subparagraph:
                    ``(C) Separate abortion coverage or plan allowed.--
                            ``(i) Option to purchase separate coverage
                        or plan.--Nothing in subparagraph (A) shall be
                        construed as prohibiting any individual from
                        purchasing separate coverage for abortions
                        described in such subparagraph, or a health
                        plan that includes such abortions, so long as
                        no credit is allowed under this section with
                        respect to the premiums for such coverage or
                        plan.
                            ``(ii) Option to offer coverage or plan.--
                        Nothing in subparagraph (A) shall restrict any
                        non-Federal health insurance issuer offering a
                        health plan from offering separate coverage for
                        abortions described in such subparagraph, or a
                        plan that includes such abortions, so long as
                        premiums for such separate coverage or plan are
                        not paid for with any amount attributable to
                        the credit allowed under this section (or the
                        amount of any advance payment of the credit
                        under section 1412 of the Patient Protection
                        and Affordable Care Act).''.
            (2) Disallowance of small employer health insurance expense
        credit for plan which includes coverage for abortion.--
        Subsection (h) of section 45R of the Internal Revenue Code of
        1986 is amended--
                    (A) by striking ``Any term'' and inserting the
                following:
            ``(1) In general.--Any term''; and
                    (B) by adding at the end the following new
                paragraph:
            ``(2) Exclusion of health plans including coverage for
        abortion.--
                    ``(A) In general.--The term `qualified health plan'
                does not include any health plan that includes coverage
                for abortions (other than any abortion or treatment
                described in section 307 or 308 of title 1, United
                States Code).
                    ``(B) Separate abortion coverage or plan allowed.--
                            ``(i) Option to purchase separate coverage
                        or plan.--Nothing in subparagraph (A) shall be
                        construed as prohibiting any employer from
                        purchasing for its employees separate coverage
                        for abortions described in such subparagraph,
                        or a health plan that includes such abortions,
                        so long as no credit is allowed under this
                        section with respect to the employer
                        contributions for such coverage or plan.
                            ``(ii) Option to offer coverage or plan.--
                        Nothing in subparagraph (A) shall restrict any
                        non-Federal health insurance issuer offering a
                        health plan from offering separate coverage for
                        abortions described in such subparagraph, or a
                        plan that includes such abortions, so long as
                        such separate coverage or plan is not paid for
                        with any employer contribution eligible for the
                        credit allowed under this section.''.
            (3) Conforming aca amendments.--Section 1303(b) of Public
        Law 111-148 (42 U.S.C. 18023(b)) is amended--
                    (A) by striking paragraph (2);
                    (B) by striking paragraph (3), as amended by
                section 202(a); and
                    (C) by redesignating paragraph (4) as paragraph
                (2).
    (b) Application to Multi-State Plans.--Paragraph (6) of section
1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read
as follows:
            ``(6) Coverage consistent with federal abortion policy.--In
        entering into contracts under this subsection, the Director
        shall ensure that no multi-State qualified health plan offered
        in an Exchange provides health benefits coverage for which the
        expenditure of Federal funds is prohibited under chapter 4 of
        title 1, United States Code.''.
    (c) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years ending after December 31, 2014, but only with
respect to plan years beginning after such date, and the amendment made
by subsection (b) shall apply to plan years beginning after such date.

SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF
              EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION
              PREMIUM SURCHARGES.

    (a) In General.--Paragraph (3) of section 1303(b) of Public Law
111-148 (42 U.S.C. 18023(b)) is amended to read as follows:
            ``(3) Rules relating to notice.--
                    ``(A) In general.--The extent of coverage (if any)
                of services described in paragraph (1)(B)(i) or
                (1)(B)(ii) by a qualified health plan shall be
                disclosed to enrollees at the time of enrollment in the
                plan and shall be prominently displayed in any
                marketing or advertising materials, comparison tools,
                or summary of benefits and coverage explanation made
                available with respect to such plan by the issuer of
                the plan, by an Exchange, or by the Secretary,
                including information made available through an
                Internet portal or Exchange under sections 1311(c)(5)
                and 1311(d)(4)(C).
                    ``(B) Separate disclosure of abortion surcharges.--
                In the case of a qualified health plan that includes
                the services described in paragraph (1)(B)(i) and where
                the premium for the plan is disclosed, including in any
                marketing or advertising materials or any other
                information referred to in subparagraph (A), the
                surcharge described in paragraph (2)(B)(i)(II) that is
                attributable to such services shall also be disclosed
                and identified separately.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to materials, tools, or other information made available more
than 30 days after the date of the enactment of this Act.

Output: No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2014 - Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. (Currently, federal funds cannot be used for abortion services, except in cases involving rape, incest, or life endangerment.) Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion (thus making permanent existing federal policies). Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes an abortion from such prohibitions if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician.  Applies such prohibitions to District of Columbia funds. Amends the Internal Revenue Code to exclude from the definition of "qualified health plan" after December 31, 2014, for purposes of the refundable tax credit for premium assistance for such plans, any plan that includes coverage for abortion. Excludes from the definition of "qualified health plan," for purposes of the tax credit for small employer health insurance expenses, any health plan that includes coverage for abortions. Exempts from the application of such tax provisions: (1) abortions for pregnancies resulting from rape or incest or in cases where a woman suffers from a physical disorder, injury, or illness that would, as certified by a physician, endanger her life if an abortion were not performed; and (2) the treatment of any infection, injury, disease, or disorder that was caused by or exacerbated by the performance of an abortion.  Requires the Director of the Office of Personnel Management (OPM), when entering into contracts for health insurance, to ensure that no multi-state qualified health plan offered in a state health care exchange provides health benefits coverage for which the expenditure of federal funds is prohibited under this Act.  Amends the Patient Protection and Affordable Care Act, with respect to notice provided to health plan enrollees, to require:  disclosure at the time of enrollment of the extent of coverage of abortion services for which the expenditure of public funds is either prohibited or allowed; prominent display in marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available by the issuer of the plan, by an exchange, or by the Secretary of Health and Human Services (HHS), including information made available through an Internet portal or an exchange; and separate disclosure and identification, in the case of a health plan that includes coverage of abortion services for which public funding is prohibited, and where the premium is disclosed, of the separate payment collected by the plan issuer equal to the actuarial value of such coverage.


Input:
SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Child Pornography
Prevention Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Strengthening section 2257 to ensure that children are not
                            exploited in the production of pornography.
Sec. 4. Prevention of distribution of child pornography used as
                            evidence in prosecutions.
Sec. 5. Authorizing civil and criminal asset forfeiture in child
                            exploitation and obscenity cases.
Sec. 6. Enhancing administrative subpoena power to cover obscenity.
Sec. 7. Prohibiting the production of obscenity as well as
                            transportation, distribution, and sale.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The effect of the intrastate production,
        transportation, distribution, receipt, advertising, and
        possession of child pornography on interstate market in child
        pornography.
                    (A) The illegal production, transportation,
                distribution, receipt, advertising and possession of
                child pornography, as defined in section 2256(8) of
                title 18, United States Code, as well as the transfer
                of custody of children for the production of child
                pornography, is harmful to the physiological,
                emotional, and mental health of the children depicted
                in child pornography and has a substantial and
                detrimental effect on society as a whole.
                    (B) A substantial interstate market in child
                pornography exists, including not only a multimillion
                dollar industry, but also a nationwide network of
                individuals openly advertising their desire to exploit
                children and to traffic in child pornography. Many of
                these individuals distribute child pornography with the
                expectation of receiving other child pornography in
                return.
                    (C) The interstate market in child pornography is
                carried on to a substantial extent through the mails
                and other instrumentalities of interstate and foreign
                commerce, such as the Internet. The advent of the
                Internet has greatly increased the ease of
                transporting, distributing, receiving, and advertising
                child pornography in interstate commerce. The advent of
                digital cameras and digital video cameras, as well as
                videotape cameras, has greatly increased the ease of
                producing child pornography. The advent of inexpensive
                computer equipment with the capacity to store large
                numbers of digital images of child pornography has
                greatly increased the ease of possessing child
                pornography. Taken together, these technological
                advances have had the unfortunate result of greatly
                increasing the interstate market in child pornography.
                    (D) Intrastate incidents of production,
                transportation, distribution, receipt, advertising, and
                possession of child pornography, as well as the
                transfer of custody of children for the production of
                child pornography, have a substantial and direct effect
                upon interstate commerce because:
                            (i) Some persons engaged in the production,
                        transportation, distribution, receipt,
                        advertising, and possession of child
                        pornography conduct such activities entirely
                        within the boundaries of one State. These
                        persons are unlikely to be content with the
                        amount of child pornography they produce,
                        transport, distribute, receive, advertise, or
                        possess. These persons are therefore likely to
                        enter the interstate market in child
                        pornography in search of additional child
                        pornography, thereby stimulating demand in the
                        interstate market in child pornography.
                            (ii) When the persons described in
                        subparagraph (D)(i) enter the interstate market
                        in search of additional child pornography, they
                        are likely to distribute the child pornography
                        they already produce, transport, distribute,
                        receive, advertise, or possess to persons who
                        will distribute additional child pornography to
                        them, thereby stimulating supply in the
                        interstate market in child pornography.
                            (iii) Much of the child pornography that
                        supplies the interstate market in child
                        pornography is produced entirely within the
                        boundaries of one State, is not traceable, and
                        enters the interstate market surreptitiously.
                        This child pornography supports demand in the
                        interstate market in child pornography and is
                        essential to its existence.
                    (E) Prohibiting the intrastate production,
                transportation, distribution, receipt, advertising, and
                possession of child pornography, as well as the
                intrastate transfer of custody of children for the
                production of child pornography, will cause some
                persons engaged in such intrastate activities to cease
                all such activities, thereby reducing both supply and
                demand in the interstate market for child pornography.
                    (F) Federal control of the intrastate incidents of
                the production, transportation, distribution, receipt,
                advertising, and possession of child pornography, as
                well as the intrastate transfer of children for the
                production of child pornography, is essential to the
                effective control of the interstate market in child
                pornography.
            (2) The importance of protecting children from repeat
        exploitation in child pornography:
                    (A) The vast majority of child pornography
                prosecutions today involve images contained on computer
                hard drives, computer disks, and related media.
                    (B) Child pornography is not entitled to protection
                under the First Amendment and thus may be prohibited.
                    (C) The Government has a compelling State interest
                in protecting children from those who sexually exploit
                them, and this interest extends to stamping out the
                vice of child pornography at all levels in the
                distribution chain.
                    (D) Every instance of viewing images of child
                pornography represents a renewed violation of the
                privacy of the victims and a repetition of their abuse.
                    (E) Child pornography constitutes prima facie
                contraband, and as such should not be distributed to,
                or copied by, child pornography defendants or their
                attorneys.
                    (F) It is imperative to prohibit the reproduction
                of child pornography in criminal cases so as to avoid
                repeated violation and abuse of victims, so long as the
                Government makes reasonable accommodations for the
                inspection, viewing, and examination of such material
                for the purposes of mounting a criminal defense.

SEC. 3. STRENGTHENING SECTION 2257 TO ENSURE THAT CHILDREN ARE NOT
              EXPLOITED IN THE PRODUCTION OF PORNOGRAPHY.

    Section 2257 of title 18 of the United States Code is amended--
            (1) in subsection (a)(l), by striking ``actual'';
            (2) in subsection (b), by striking ``actual'';
            (3) in subsection (f)(4)(A), by striking ``actual'';
            (4) by amending paragraph (1) of subsection (h) to read as
        follows:
            ``(1) the term `sexually explicit conduct' has the meaning
        set forth in subparagraphs (A)(i) through (v) of paragraph (2)
        of section 2256 of this title;'';
            (5) in subsection (h)(4), by striking ``actual.'';
            (6) in subsection (f)--
                    (A) at the end of paragraph (3), by striking
                ``and'';
                    (B) at the end of paragraph (4)(B), by striking the
                period and inserting ``; and''; and
                    (C) by inserting after paragraph (4)(B) the
                following new paragraph:
            ``(5) for any person to whom subsection (a) applies to
        refuse to permit the Attorney General or his or her delegee to
        conduct an inspection under subsection (c).''.
            (7) in subsection (h)(3), by striking ``to produce,
        manufacture, or publish any book, magazine, periodical, film,
        video tape, computer generated image, digital image, or
        picture, or other similar matter and includes the duplication,
        reproduction, or reissuing of any such matter, but does not
        include mere distribution or any other activity which does not
        involve hiring, contracting for managing or otherwise arranging
        for the participation of the performers depicted'' and
        inserting ``actually filming, videotaping, photographing;
        creating a picture, digital image, or digitally- or computer-
        manipulated image of an actual human being; or digitizing an
        image, of a visual depiction of sexually explicit conduct; or,
        assembling, manufacturing, publishing, duplicating,
        reproducing, or reissuing a book, magazine, periodical, film,
        videotape, digital image, or picture, or other matter intended
        for commercial distribution, that contains a visual depiction
        of sexually explicit conduct; or, inserting on a computer site
        or service a digital image of, or otherwise managing the
        sexually explicit content, of a computer site or service that
        contains a visual depiction of, sexually explicit conduct'';
            (8) in subsection (a), by inserting after ``videotape,''
        the following: ``digital image, digitally- or computer-
        manipulated image of an actual human being, or picture,''; and
            (9) in subsection (f)(4), by inserting after ``video'' the
        following: ``digital image, digitally- or computer-manipulated
        image of an actual human being, or picture,''.

SEC. 4. PREVENTION OF DISTRIBUTION OF CHILD PORNOGRAPHY USED AS
              EVIDENCE IN PROSECUTIONS.

    Section 3509 of title 18, United States Code, is amended by adding
at the end the following:
    ``(m) Prohibition on Reproduction of Child Pornography.--
            ``(1) In any criminal proceeding, any property or material
        that constitutes child pornography (as defined by section 2256
        of this title) must remain in the care, custody, and control of
        either the Government or the court.
            ``(2)(A) Notwithstanding rule 16 of the Federal Rules of
        Criminal Procedure, a court shall deny, in any criminal
        proceeding, any request by the defendant to copy, photograph,
        duplicate, or otherwise reproduce any property or material that
        constitutes child pornography (as defined by section 2256 of
        this title), so long as the Government makes the property or
        material reasonably available to the defendant.
            ``(B) For the purposes of subparagraph (A), property or
        material shall be deemed to be reasonably available to the
        defendant if the Government provides ample opportunity for
        inspection, viewing, and examination at a Government facility
        of the property or material by the defendant, his or her
        attorney, aid any individual the defendant may seek to qualify
        to furnish expert testimony at trial.''.

SEC. 5. AUTHORIZING CIVIL AND CRIMINAL ASSET FORFEITURE IN CHILD
              EXPLOITATION AND OBSCENITY CASES.

    (a) Conforming Forfeiture Procedures for Obscenity Offenses.--
Section 1467 of title 18, United States Code, is amended--
            (1) in subsection (a)(3), by inserting a period after ``of
        such offense'' and striking all that follows; and
            (2) by striking subsections (b) through (n) and inserting
        the following:
    ``(b) The provisions of section 413 of the Controlled Substance Act
(21 U.S.C. 853) with the exception of subsection (d), shall apply to
the criminal forfeiture of property pursuant to subsection (a).
    ``(c) Any property subject to forfeiture pursuant to subjection (a)
may be forfeited to the United States in a civil case in accordance
with the procedures set forth in chapter 46 of this title.''.
    (b) Amendments to Child Exploitation Forfeiture Provisions.--
            (1) Criminal forfeiture.--Section 2253(a) of title 18,
        United States Code, is amended--
                    (A) in the matter preceding paragraph (1) by--
                            (i) inserting ``or who is convicted of an
                        offense under sections 2252B or 2257 of this
                        chapter,'' after ``2260 of this chapter'';
                            (ii) inserting ``, or 2425'' after ``2423''
                        and striking ``or'' before ``2423''; and
                            (iii) inserting ``or an offense under
                        chapter 109A'' after ``of chapter 117''; and
                    (B) in paragraph (I), by inserting ``, 2252A, 2252B
                or 2257'' after ``2252''.
            (2) Civil forfeiture.--Section 2254(a) of title 18, United
        States Code, is amended--
                    (A) in paragraph (1), by inserting ``, 2252A,
                2252B, or 2257'' after ``2252'';
                    (B) in paragraph (2)--
                            (i) by striking ``or'' and inserting ``of''
                        before ``chapter 117'';
                            (ii) by inserting ``, or an offense under
                        section 2252B or 2257 of this chapter,'' after
                        ``Chapter 117,'' and
                            (iii) by inserting ``, or an offense under
                        chapter 109A'' before the period; and
                    (C) in paragraph (3) by--
                            (i) inserting ``, or 2425'' after ``2423''
                        and striking ``or'' before ``2423''; and
                            (ii) inserting ``, a violation of section
                        2252B or 2257 of this chapter, or a violation
                        of chapter 109A'' before the period.
    (c) Amendments to RICO.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``2252A, 2252B,'' after ``2252''.

SEC. 6. ENHANCING ADMINISTRATIVE SUBPOENA POWER TO COVER OBSCENITY.

    Section 3486(a)(l) of title 18, United States Code, is amended--
            (1) in subparagraph (A)(i), by striking ``children,'' and
        inserting ``children; or (III) a Federal offense involving the
        distribution of obscenity,''; and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) As used in this paragraph, the term `Federal
                offense involving the distribution of obscenity' means
                an offense under section 1460, 1461, 1462, 1465, 1466,
                1468, or 1470.''.

SEC. 7. PROHIBITING THE PRODUCTION OF OBSCENITY AS WELL AS
              TRANSPORTATION, DISTRIBUTION, AND SALE.

    (a) Section 1465.--Section 1465 of title 18 of the United States
Code is amended--
            (1) by inserting ``Production and'' before
        ``Transportation'' in the heading of the section;
            (2) by inserting ``produces with the intent to transport,
        distribute, or transmit in interstate or foreign commerce, or
        whoever knowingly'' after ``whoever knowingly'' and before
        ``transports or travels in''; and
            (3) by inserting a comma after ``in or affecting such
        commerce''.
    (b) Section 1466.--Section 1466 of title 18 of the United States
Code is amended--
            (1) in subsection (a), by inserting ``producing with intent
        to distribute or sell, or'' before ``selling or transferring
        obscene matter,'';
            (2) in subsection (b), by inserting, ``produces'' before
        ``sells or transfers or offers to sell or transfer obscene
        matter''; and
            (3) in subsection (b) by inserting ``production,'' before
        ``selling or transferring or offering to sell or transfer such
        material.''.

Output:
Child Pornography Prevention Act of 2005 - Amends federal criminal code provisions regarding the sexual exploitation of children to: (1) prohibit producers of visual depictions of sexually explicit conduct from refusing to permit the Attorney General to inspect records at business premises; and (2) modify the definition of "produces" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of sexually explicit conduct.

Requires, in any criminal proceeding: (1) any material that constitutes child pornography to remain in the care, custody, and control of either the government or the court; and (2) a court to deny any request by the defendant to reproduce material that constitutes child pornography, provided the government makes the material reasonably available to the defendant.

Makes specified provisions of the Controlled Substances Act applicable to the criminal forfeiture of obscene property. Authorizes criminal and civil asset forfeiture in specified child exploitation and obscenity cases, such as cases involving: (1) the use of interstate facilities to transmit information about a minor with intent to solicit sexual activity; and (2) the use of misleading domain names on the Internet with intent to deceive a person into viewing obscene material. Makes the Racketeer Influenced and Corrupt Organizations (RICO) Act applicable to activities relating to material involving the sexual exploitation of minors.

Authorizes administrative subpoenas for investigations of federal offenses involving the distribution of obscenity.

Prohibits the production of obscene matter.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Integrity and Pension
Forfeiture Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Members of Congress pledge to uphold the Constitution
        and the laws of the United States;
            (2) Members of Congress and other elected government
        officials are elected to serve in, and pledge to uphold, the
        public trust;
            (3) a breach of the public trust by a Member of Congress or
        other elected government official is a serious offense that
        should have serious consequences; and
            (4) taxpayers should not pay for the congressional
        retirement benefits of present or former Members of Congress
        who have been convicted of a felony committed while serving as
        an elected government official.

SEC. 3. APPLICATION TO OTHER ELECTED OFFICIALS AND CRIMINAL OFFENSES.

    (a) Application to Other Elected Officials.--
            (1) Civil service retirement system.--Section 8332(o)(2)(A)
        of title 5, United States Code, is amended--
                    (A) in clause (i), by inserting ``, the President,
                the Vice President, or an elected official of a State
                or local government'' after ``Member''; and
                    (B) in clause (ii), by inserting ``, the President,
                the Vice President, or an elected official of a State
                or local government'' after ``Member''.
            (2) Federal employees retirement system.--Section
        8411(l)(2) of title 5, United States Code, is amended--
                    (A) in subparagraph (A), by inserting ``, the
                President, the Vice President, or an elected official
                of a State or local government'' after ``Member''; and
                    (B) in subparagraph (B), by inserting ``, the
                President, the Vice President, or an elected official
                of a State or local government'' after ``Member''.
    (b) Criminal Offenses.--Section 8332(o)(2) of title 5, United
States Code, is amended--
            (1) in subparagraph (A), by striking clause (iii) and
        inserting the following:
                            ``(iii) The offense--
                                    ``(I) is committed after the date
                                of enactment of this subsection and--
                                            ``(aa) is described under
                                        subparagraph (B)(i), (iv),
                                        (xvi), (xix), (xxiii), (xxiv),
                                        or (xxvi); or
                                            ``(bb) is described under
                                        subparagraph (B)(xxvii) or
                                        (xxviii), but only with respect
                                        to an offense described under
                                        subparagraph (B)(i), (iv),
                                        (xvi), (xix), (xxiii), (xxiv),
                                        or (xxvi); or
                                    ``(II) is committed after the date
                                of enactment of the Congressional
                                Integrity and Pension Forfeiture Act of
                                2011 and--
                                            ``(aa) is described under
                                        subparagraph (B)(ii), (iii),
                                        (v), (vi), (vii), (viii), (ix),
                                        (x), (xi), (xii), (xiii),
                                        (xiv), (xv), (xvii), (xviii),
                                        (xx), (xxi), (xxii), or (xxv);
                                        or
                                            ``(bb) is described under
                                        subparagraph (B)(xxvii) or
                                        (xxviii), but only with respect
                                        to an offense described under
                                        subparagraph (B)(ii), (iii),
                                        (v), (vi), (vii), (viii), (ix),
                                        (x), (xi), (xii), (xiii),
                                        (xiv), (xv), (xvii), (xviii),
                                        (xx), (xxi), (xxii), or
                                        (xxv).''; and
            (2) by striking subparagraph (B) and inserting the
        following:
                    ``(B) An offense described in this subparagraph is
                only the following, and only to the extent that the
                offense is a felony:
                            ``(i) An offense under section 201 of title
                        18 (relating to bribery of public officials and
                        witnesses).
                            ``(ii) An offense under section 203 of
                        title 18 (relating to compensation to Member of
                        Congress, officers, and others in matters
                        affecting the Government).
                            ``(iii) An offense under section 204 of
                        title 18 (relating to practice in the United
                        States Court of Federal Claims or the Unites
                        States Court of Appeals for the Federal Circuit
                        by Member of Congress).
                            ``(iv) An offense under section 219 of
                        title 18 (relating to officers and employees
                        acting as agents of foreign principals).
                            ``(v) An offense under section 286 of title
                        18 (relating to conspiracy to defraud the
                        Government with respect to claims).
                            ``(vi) An offense under section 287 of
                        title 18 (relating to false, fictitious or
                        fraudulent claims).
                            ``(vii) An offense under section 597 of
                        title 18 (relating to expenditures to influence
                        voting).
                            ``(viii) An offense under section 599 of
                        title 18 (relating to promise of appointment by
                        candidate).
                            ``(ix) An offense under section 602 of
                        title 18 (relating to solicitation of political
                        contributions).
                            ``(x) An offense under section 606 of title
                        18 (relating to intimidation to secure
                        political contributions).
                            ``(xi) An offense under section 607 of
                        title 18 (relating to place of solicitation).
                            ``(xii) An offense under section 641 of
                        title 18 (relating to public money, property or
                        records).
                            ``(xiii) An offense under section 666 of
                        title 18 (relating to theft or bribery
                        concerning programs receiving Federal funds).
                            ``(xiv) An offense under section 1001 of
                        title 18 (relating to statements or entries
                        generally).
                            ``(xv) An offense under section 1341 of
                        title 18 (relating to frauds and swindles,
                        including as part of a scheme to deprive
                        citizens of honest services thereby).
                            ``(xvi) An offense under section 1343 of
                        title 18 (relating to fraud by wire, radio, or
                        television, including as part of a scheme to
                        deprive citizens of honest services thereby).
                            ``(xvii) An offense under section 1503 of
                        title 18 (relating to influencing or injuring
                        officer or juror).
                            ``(xviii) An offense under section 1505 of
                        title 18 (relating to obstruction of
                        proceedings before departments, agencies, and
                        committees).
                            ``(xix) An offense under section 1512 of
                        title 18 (relating to tampering with a witness,
                        victim, or an informant).
                            ``(xx) An offense under section 1951 of
                        title 18 (relating to interference with
                        commerce by threats of violence).
                            ``(xxi) An offense under section 1952 of
                        title 18 (relating to interstate and foreign
                        travel or transportation in aid of racketeering
                        enterprises).
                            ``(xxii) An offense under section 1956 of
                        title 18 (relating to laundering of monetary
                        instruments).
                            ``(xxiii) An offense under section 1957 of
                        title 18 (relating to engaging in monetary
                        transactions in property derived from specified
                        unlawful activity).
                            ``(xxiv) An offense under chapter 96 of
                        title 18 (relating to racketeer influenced and
                        corrupt organizations).
                            ``(xxv) An offense under section 7201 of
                        the Internal Revenue Code of 1986 (relating to
                        attempt to evade or defeat tax).
                            ``(xxvi) An offense under section 104(a) of
                        the Foreign Corrupt Practices Act of 1977
                        (relating to prohibited foreign trade practices
                        by domestic concerns).
                            ``(xxvii) An offense under section 371 of
                        title 18 (relating to conspiracy to commit
                        offense or to defraud United States), to the
                        extent of any conspiracy to commit an act which
                        constitutes--
                                    ``(I) an offense under clause (i),
                                (ii), (iii), (iv), (v), (vi), (vii),
                                (viii), (ix), (x), (xi), (xii), (xiii),
                                (xiv), (xv), (xvi), (xvii), (xviii),
                                (xix), (xx), (xxi), (xxii), (xxiii),
                                (xxiv), (xxv), or (xxvi); or
                                    ``(II) an offense under section 207
                                of title 18 (relating to restrictions
                                on former officers, employees, and
                                elected officials of the executive and
                                legislative branches).
                            ``(xxviii) Perjury committed under section
                        1621 of title 18 in falsely denying the
                        commission of an act which constitutes--
                                    ``(I) an offense under clause (i),
                                (ii), (iii), (iv), (v), (vi), (vii),
                                (viii), (ix), (x), (xi), (xii), (xiii),
                                (xiv), (xv), (xvi), (xvii), (xviii),
                                (xix), (xx), (xxi), (xxii), (xxiii),
                                (xxiv), (xxv), or (xxvi); or
                                    ``(II) an offense under clause
                                (xxvii), to the extent provided in such
                                clause.
                            ``(xxix) Subornation of perjury committed
                        under section 1622 of title 18 in connection
                        with the false denial or false testimony of
                        another individual as specified in clause
                        (xxviii).''.

Output: Congressional Integrity and Pension Forfeiture Act of 2011 - Extends provisions requiring forfeiture of pension benefits under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to the President, Vice President, or an elected state or local government official, in addition to Members of Congress, upon conviction of a serious public corruption crime. Expands the list of such crimes that would require a pension forfeiture.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oil Recycling Incentives Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The generation of solid and hazardous waste has grown
        to alarming proportions in the United States. Each person in
        the United States throws away 3.6 pounds of garbage every day--
        enough annually to fill a convoy of 10-ton garbage trucks
        145,000 miles long, which is the equivalent of half-way to the
        moon or roughly 7 times around the equator.
            (2) Frequently economic incentives are not sufficient to
        encourage waste minimization and responsible environmental
        behavior, and such incentives actually may favor increased
        waste generation and improper behavior.
            (3) A system of economic incentives targeted at waste
        reduction and recycling together with responsible regulation of
        recycling activity can reduce both the amount and toxicity of
        materials entering the environment.
            (4) In particular, there is a need to encourage greater
        recycling of used oils. Americans are improperly pouring on the
        ground or into sewers, placing in landfills, or improperly
        burning over 400 million gallons of such oil per year. This is
        equivalent to more than 35 Exxon Valdez spills. In addition to
        fouling the environment, this depletes oil resources and
        increases the Nation's reliance on foreign oil.
            (5) The Administrator of the Environmental Protection
        Agency requires additional statutory authority to address
        situations in which economic incentives to encourage waste
        reduction and responsible environmental behavior are not
        adequate.

SEC. 3. USED OIL RECYCLING REQUIREMENTS.

    (a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) is amended by redesignating sections 3015 through
3023 as sections 3016 through 3024, respectively, and by inserting
after section 3014 the following new section:

``SEC. 3015. RECYCLING REQUIREMENTS FOR USED OIL.

    ``(a) General Requirement.--(1) During the period beginning not
later than 24 months after the date of the enactment of the Oil
Recycling Incentives Act and ending 10 years after such date, a
producer or importer of lubricating oil each year shall recycle, using
a method described in paragraph (2), an amount of used oil equal to at
least that amount of oil determined by--
            ``(A) multiplying the lubricating oil produced for domestic
        use or consumption or imported that year by such person, by
            ``(B) the recycling percentage established by the
        Administrator under subsection (b).
    ``(2) A producer or importer of lubricating oil may comply with
this subsection--
            ``(A) by recycling used oil (in compliance with the
        requirements of section 3014 and regulations promulgated
        pursuant to such section) through reintroducing the used oil
        into refinery production for purposes of producing petroleum
        products;
            ``(B) by purchasing re-refined oil or re-refined lubricant
        base stock from a facility having a permit under section 3005
        for purposes of producing lubricating oil; or
            ``(C) by purchasing recycling credits under the recycling
        credit system established pursuant to subsection (c).
    ``(3) A producer or importer of lubricating oil shall submit to the
Administrator, under regulations promulgated by the Administrator, a
report on the amount of lubricating oil produced or imported in each
calendar year by such person. The report shall be submitted at least
once a year, but the Administrator also may require such interim
reports under this paragraph as the Administrator considers necessary.
    ``(4) For purposes of paragraph (1), a producer or importer shall
be treated as recycling 2 units of used oil for each unit of re-refined
oil or re-refined lubricant base stock purchased as provided in
paragraph (2)(B).
    ``(5) Nothing in this section shall prohibit a producer or importer
from entering into an agreement with a subsidiary or division of such
producer or importer--
            ``(A) for purposes of treating oil recycled by such
        subsidiary or division as being recycled by the producer or
        importer for purposes of meeting the recycling requirement of
        this section; or
            ``(B) for purposes of obtaining recycling credits created
        by such subsidiary or division.
    ``(6) For purposes of paragraph (2)(A), the amount of used oil that
is recycled as provided in that paragraph shall be determined on the
basis of the records of the amount of used oil received by the producer
or importer.
    ``(b) Recycling Percentage.--The Administrator each year shall
establish a recycling percentage for use under subsection (a). The
percentage applicable during the first year that the requirement
established by subsection (a) is in effect shall be a percentage that
is 2 percentage points higher than the recycling rate for lubricating
oil that exists on the date of the enactment of this section. Such
recycling rate shall be determined by using data for 1990 or the most
recent year for which data are available. For each of the 10 years
thereafter, the recycling percentage shall be an additional 2
percentage points higher than the recycling percentage of the previous
year. Such recycling percentage shall go into effect automatically and
shall be published in the Federal Register.
    ``(c) Credit System for Recycling Used Oil.--(1) Not later than 18
months after the date of the enactment of the Oil Recycling Incentives
Act, the Administrator shall promulgate regulations to establish a
system under which (A) recyclers may create credits for used oil
recycling, and (B) producers or importers of lubricating oil may
purchase such recycling credits from such recyclers, for purposes of
complying with subsection (a). No person may create such credits, and
no producer or importer of lubricating oil may purchase such credits,
except in accordance with this subsection and the regulations
promulgated under this subsection. In developing the regulations, the
Administrator shall, to the maximum extent feasible, allow for the use
of records kept in the ordinary course of business or other approaches
that facilitate the simple, rapid generation and exchange of credits
without a case-by-case approval.
    ``(2) At a minimum, the regulations under paragraph (1) shall
include the following requirements:
            ``(A) The following records shall be kept by a recycler for
        at least 3 years:
                    ``(i) A record of the quantities of used oil
                received for recycling, together with the prices paid
                to transporters or owners or operators of collection
                centers.
                    ``(ii) A record of the quantities of recycled oil
                sold or otherwise distributed in commerce, and the
                destinations of such recycled oil. Part of such record
                shall be a record of the quantities and price of re-
                refined oil sold to producers or importers of
                lubricating oil for the purpose of complying with
                subsection (a).
                    ``(iii) A record of the sale or other disposition
                of recycling credits, including the name and address of
                the producers and importers the credits were sold to,
                the price charged, and the amount of credits sold.
            ``(B) The recycler shall sell or otherwise distribute in
        commerce the recycled oil as specification used oil, off-
        specification or industrial specification used oil, or re-
        refined oil (as defined by the Administrator). The recycler
        shall maintain records of the tests certifying that the oil
        meets the standards for one of those categories of oil or fuel,
        along with records of the destination of the oil or fuel by
        category.
            ``(C) Each year a producer or importer of lubricating oil
        shall keep records of the quantity of lubricating oil produced
        or imported, the recycling of used oil carried out to comply
        with subsection (a), the amount of re-refined oil or lubricant
        base stock purchased to comply with subsection (a), the amount
        of recycling credits purchased (including the names of
        recyclers from whom the credits were purchased and the dates of
        the purchases), the price paid for the credits, and the amount
        (if any) of recycling credits sold or carried over from
        previous years. The regulations shall allow for a 2-year
        carryover of credits.
    ``(3) The Administrator may include such other requirements in the
regulations under paragraph (1) with respect to qualifications for
recyclers, importers, and producers; methods for auditing compliance
with the system; and enforcement of the system; as the Administrator
considers necessary or appropriate for administering the recycling
credit system established under this subsection.
    ``(4) The Administrator shall include in the regulations under
paragraph (1) a procedure by which an interested party may petition the
Administrator for credits to be created under the credit system for
recycling of used oil using new technology. The Administrator shall
determine, after public notice and opportunity for comment, the amount
of credit that may be created by new technologies for which petitions
are granted under this paragraph.
    ``(d) Reports.--(1) Not later than 6 years after the date of the
enactment of the Oil Recycling Incentives Act, the Administrator shall
submit to Congress an interim report on the implementation of this
section. The report shall include, at a minimum--
            ``(A) a discussion of the effects of the requirements of
        this section on the lubricating oil industry, the used oil
        recycling industry, and on the environment; and
            ``(B) an evaluation of the level of the recycling
        percentage under subsection (b) and recommendations on whether,
        and at what rate, the percentage should be increased in future
        years above the percentage applicable under subsection (b).
    ``(2) Not later than 10 years after such date, the Administrator
shall submit to Congress a final report on the implementation of this
section. The report shall include an updated version of the discussion
and evaluation required in the interim report, as well as such other
findings and recommendations with respect to the implementation of this
section as the Administrator considers appropriate.
    ``(e) Definitions.--For purposes of this section:
            ``(1) The term `producer' with respect to lubricating oil
        means any person who produces a lubricant base stock from crude
        oil. Such production does not include the re-refining of used
        oil.
            ``(2) The term `importer' with respect to lubricating oil
        means any person who imports a lubricant base stock.
            ``(3) The term `lubricant base stock' means oil from which
        lubricating oil is made after introduction of additives.
            ``(4) The terms `used oil collection center', `collection
        center', and `generator' mean any facility or entity that
        collects, stores, accumulates, or otherwise generates used oil,
        including a service station dealer (as defined in section
        101(37) of the Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601(37)),
        an auto parts retailer, or municipality. Such term does not
        include an individual who generates used oil by removing such
        oil from the engine of a light duty motor vehicle or household
        appliance owned or operated by such individual and used only
        for personal purposes.
            ``(5) The term `recycler' means an owner or operator of a
        used oil recycling facility.
            ``(6) The term `recycling credit' means a legal record of a
        recycling activity undertaken in accordance with subsection (c)
        that represents an amount of used oil recycled for purposes of
        complying with subsection (a).
            ``(7) The terms `used oil recycling facility' and
        `recycling facility' mean a facility with a permit under
        section 3005 that re-refines or reprocesses used oil.
    ``(f) Applicability.--This section applies to any person who
produces or imports more than 100,000 gallons of lubricating oil a
year.
    ``(g) Regulations.--The Administrator shall promulgate regulations
to implement this section not later than 18 months after the date of
the enactment of the Oil Recycling Incentives Act. If the Administrator
fails to promulgate such regulations by that date, the recycling
percentage under subsection (b) shall be 40 percent until such time as
the regulations are promulgated.''.
    (b) Table of Contents Amendment.--The table of contents for
subtitle C of the Solid Waste Disposal Act (contained in section 1001)
is amended--
            (1) by redesignating the items relating to sections 3015
        through 3023 as sections 3016 through 3024, respectively; and
            (2) by inserting after the item relating to section 3014
        the following new item:

``Sec. 3015. Recycling requirements for used oil.''.

Output:
Oil Recycling Incentives Act - Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator of the Environmental Protection Agency.  Authorizes such individuals to comply with this Act by:  (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act.  Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons.  Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased.
Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil.  Provides for increases in such percentage of two points annually for ten years.
Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require:  (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil.
Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually.  Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.


Input:
SECTION 1. FINDINGS AND PURPOSES.

    (a) Initial Findings.--The Congress finds the following:
            (1) Over the last 5 decades, billions of dollars in social
        security taxes have been paid by American workers but have not
        been credited to their social security earnings records. When
        the Social Security Administration is not able to match
        information on annual earnings reports to existing workers'
        earnings records, the amount of such earnings reported are
        credited by the Administration in a ``suspense file'' of
        uncredited earnings.
            (2) Largely due to the inflexible matching policy of the
        Social Security Administration and an unacceptable number of
        errors made by employers on annual earnings reports submitted
        to the Administration, the suspense file has accumulated
        approximately 200,000,000 individual earnings reports totaling
        approximately $200,000,000,000 in earnings. These numbers
        continue to grow.
            (3) Because earnings are used to determine an individual's
        eligibility and benefit amount, uncredited earnings can affect
        social security benefit payments. Current beneficiaries have
        lost, and continue to lose, benefits because of the failure of
        the Social Security Administration to correctly credit their
        earnings. This has the practical effect of denying millions of
        hard-working Americans up to hundreds of dollars on their
        monthly retirement or disability benefits.
    (b) Further Findings.--The Congress further finds the following:
            (1) Current and future retirees should receive the full
        social security benefits to which they are entitled.
            (2) The impact of uncredited earnings on social security
        beneficiaries has not been adequately determined. An
        examination of the practical effects of uncredited earnings on
        individuals' benefits should be conducted, in order that
        beneficiaries who are due higher benefits or retroactive
        payments can be compensated accordingly.
    (c) Purpose.--It is the purpose of this Act to ensure that the
Social Security Administration, together with the Secretary of the
Treasury, will take prompt action to--
            (1) determine and implement an effective procedure to
        reconcile the wage reports currently in the suspense file to
        the rightful beneficiaries, and
            (2) put in place a system that will prevent further
        mismatches.

SEC. 2. STUDY.

    (a) In General.--The Commissioner of Social Security and the
Secretary of the Treasury shall jointly undertake, as soon as
practicable after the date of the enactment of this Act, a thorough
study with respect to the inability of the Social Security
Administration to provide for American workers their full social
security benefits by reason of insufficiency of information held by the
Administration necessary for correctly identifying accounts for the
earnings of such workers.
    (b) Matters To Be Studied.--The Commissioner and the Secretary, in
their study under this section, shall address, analyze, and report
specifically on the following matters:
            (1) the extent of, and the reasons for, the inability of
        the Social Security Administration to maintain accurate and
        current records of every worker's annual earnings sufficient
        for determining eligibility for, and the correct amount of,
        monthly insurance benefits under title II of the Social
        Security Act,
            (2) proposals for an effective procedure for eliminating
        the current backlog of uncredited earnings in the suspense file
        maintained by the Social Security Administration,
            (3) proposals for an effective procedure for resolving new
        discrepancies which would result in new uncredited earnings,
        and
            (4) any additional resources which the Social Security
        Administration would require to carry out effective procedures
        described in paragraphs (2) and (3).

SEC. 3. REMEDIAL MEASURES.

    Pursuant to the study carried out under section 2, the Commissioner
of Social Security and the Secretary of the Treasury shall promptly--
            (1) devise and implement a procedure for eliminating, in
        accordance with an established time-phased schedule, the
        backlog of uncredited earnings currently contained in the
        suspense file maintained by the Administration, and
            (2) devise and implement a procedure for resolving new
        discrepancies which would prevent the addition of future
        uncredited earnings in the suspense file.

SEC. 4. REPORT.

    The Commissioner of Social Security and the Secretary of the
Treasury shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate, not
later than 180 days after the date of the enactment of this Act, a
report of the findings of the study conducted under section 2 and the
progress made in meeting the requirements of section 3. Such report
shall include any recommendations for further legislative action the
Commissioner and the Secretary consider appropriate.

Output: Directs the Commissioner of Social Security and the Secretary of the Treasury jointly to:  (1) study and report to specified congressional committees on the inability of the Social Security Administration to provide for American workers their full social security benefits by reason of insufficiency of information held by the Administration necessary for correctly identifying accounts for the earnings of such workers; and (2) take appropriate remedial measures, including devising and implementing a procedure for resolving new discrepancies involving uncredited earnings in the suspense file.