Input:
SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO
              ELEMENTARY AND SECONDARY SCHOOLS.

    (a) In General.--Subparagraph (B) of section 170(e)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
                    ``(B) Qualified research or education
                contribution.--For purposes of this paragraph, the term
                `qualified research or education contribution' means a
                charitable contribution by a corporation of tangible
                personal property (including computer software), but
                only if--
                            ``(i) the contribution is to--
                                    ``(I) an educational organization
                                described in subsection (b)(1)(A)(ii),
                                    ``(II) a governmental unit
                                described in subsection (c)(1), or
                                    ``(III) an organization described
                                in section 41(e)(6)(B),
                            ``(ii) the contribution is made not later
                        than 3 years after the date the taxpayer
                        acquired the property (or in the case of
                        property constructed by the taxpayer, the date
                        the construction of the property is
                        substantially completed),
                            ``(iii) the property is scientific
                        equipment or apparatus substantially all of the
                        use of which by the donee is for--
                                    ``(I) research or experimentation
                                (within the meaning of section 174), or
                                for research training, in the United
                                States in physical or biological
                                sciences, or
                                    ``(II) in the case of an
                                organization described in clause (i)
                                (I) or (II), use within the United
                                States for educational purposes related
                                to the purpose or function of the
                                organization,
                            ``(iv) the original use of the property
                        began with the taxpayer (or in the case of
                        property constructed by the taxpayer, with the
                        donee),
                            ``(v) the property is not transferred by
                        the donee in exchange for money, other
                        property, or services, and
                            ``(vi) the taxpayer receives from the donee
                        a written statement representing that its use
                        and disposition of the property will be in
                        accordance with the provisions of clauses (iv)
                        and (v).''
    (b) Donations to Charity for Refurbishing.--Section 170(e)(4) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
                    ``(D) Donations to charity for refurbishing.--For
                purposes of this paragraph, a charitable contribution
                by a corporation shall be treated as a qualified
                research or education contribution if--
                            ``(i) such contribution is a contribution
                        of property described in subparagraph (B)(iii)
                        to an organization described in section
                        501(c)(3) and exempt from taxation under
                        section 501(a),
                            ``(ii) such organization repairs and
                        refurbishes the property and donates the
                        property to an organization described in
                        subparagraph (B)(i), and
                            ``(iii) the taxpayer receives from the
                        organization to whom the taxpayer contributed
                        the property a written statement representing
                        that its use of the property (and any use by
                        the organization to which it donates the
                        property) meets the requirements of this
                        paragraph.''
    (c) Conforming Amendments.--
            (1) Paragraph (4)(A) of section 170(e) of the Internal
        Revenue Code of 1986 is amended by striking ``qualified
        research contribution'' each place it appears and inserting
        ``qualified research or education contribution''.
            (2) The heading for section 170(e)(4) of such Code is
        amended by inserting ``or education'' after ``research''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

SEC. 2. DONATIONS TO UNDERPRIVILEGED SCHOOLS.

    It is the sense of Congress that one of the main purposes of the
enhanced charitable deduction under section 170(e) of the Internal
Revenue Code of 1986 is to encourage the donation of computer equipment
and supplies to--
            (1) schools serving low income communities;
            (2) schools whose fiscal year budgets are below the
        applicable State-wide norm; and
            (3) schools at which student test scores are substantially
        below the State-wide norm.

Output: Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution."  Redefines such term as a "qualified research or education contribution."  Expresses the sense of the Congress that one of the main purposes of the revision is to encourage the donation of computer supplies and equipment to underprivileged schools.


Input:
50, Seventy-ninth
        Congress. Such regulations shall also grant the option to
        deduct as expenses intangible drilling and development costs in
        the case of wells drilled for any geothermal deposit (as
        defined in section 613(e)(2)) to the same extent and in the
        same manner as such expenses are deductible in the case of oil
        and gas wells. This subsection shall not apply with respect to
        any costs to which any deduction is allowed under section 59(e)
        or 291.
            ``(2) Exclusion.--
                    ``(A) In general.--This subsection shall not apply
                to amounts paid or incurred by a taxpayer in any
                taxable year in which such taxpayer is a major
                integrated oil company (within the meaning of section
                167(h)(5)).
                    ``(B) Amortization of amounts not allowable as
                deductions under subparagraph (a).--The amount not
                allowable as a deduction for any taxable year by reason
                of subparagraph (A) shall be allowable as a deduction
                ratably over the 60-month period beginning with the
                month in which the costs are paid or incurred. For
                purposes of section 1254, any deduction under this
                subparagraph shall be treated as a deduction under this
                subsection.''.
    (b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2013.

SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS
              WELLS.

    (a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(f) Application With Respect to Major Integrated Oil Companies.--
In the case of any taxable year in which the taxpayer is a major
integrated oil company (within the meaning of section 167(h)(5)), the
allowance for percentage depletion shall be zero.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.

SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.

    (a) In General.--Section 193 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(d) Application With Respect to Major Integrated Oil Companies.--
            ``(1) In general.--This section shall not apply to amounts
        paid or incurred by a taxpayer in any taxable year in which
        such taxpayer is a major integrated oil company (within the
        meaning of section 167(h)(5)).
            ``(2) Amortization of amounts not allowable as deductions
        under paragraph (1).--The amount not allowable as a deduction
        for any taxable year by reason of paragraph (1) shall be
        allowable as a deduction ratably over the 60-month period
        beginning with the month in which the costs are paid or
        incurred.''.
    (b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2013.

SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL COMPANY.

    (a) In General.--Paragraph (5) of section 167(h) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
                    ``(C) Certain successors in interest.--For purposes
                of this paragraph, the term `major integrated oil
                company' includes any successor in interest of a
                company that was described in subparagraph (B) in any
                taxable year, if such successor controls more than 50
                percent of the crude oil production or natural gas
                production of such company.''.
    (b) Conforming Amendments.--
            (1) In general.--Subparagraph (B) of section 167(h)(5) of
        the Internal Revenue Code of 1986 is amended by inserting
        ``except as provided in subparagraph (C),'' after ``For
        purposes of this paragraph,''.
            (2) Taxable years tested.--Clause (iii) of section
        167(h)(5)(B) of such Code is amended--
                    (A) by striking ``does not apply by reason of
                paragraph (4) of section 613A(d)'' and inserting ``did
                not apply by reason of paragraph (4) of section 613A(d)
                for any taxable year after 2004'', and
                    (B) by striking ``does not apply'' in subclause
                (II) and inserting ``did not apply for the taxable
                year''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.

         TITLE II--OUTER CONTINENTAL SHELF OIL AND NATURAL GAS

SEC. 201. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS
              ROYALTY RELIEF.

    (a) In General.--Sections 344 and 345 of the Energy Policy Act of
2005 (42 U.S.C. 15904, 15905) are repealed.
    (b) Administration.--The Secretary of the Interior shall not be
required to provide for royalty relief in the lease sale terms
beginning with the first lease sale held on or after the date of
enactment of this Act for which a final notice of sale has not been
published.

                        TITLE III--MISCELLANEOUS

SEC. 301. DEFICIT REDUCTION.

    The net amount of any savings realized as a result of the enactment
of this Act and the amendments made by this Act (after any expenditures
authorized by this Act and the amendments made by this Act) shall be
deposited in the Treasury and used for Federal budget deficit reduction
or, if there is no Federal budget deficit, for reducing the Federal
debt in such manner as the Secretary of the Treasury considers
appropriate.

SEC. 302. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

Output: Close Big Oil Tax Loopholes Act - Amends the Internal Revenue Code to limit or repeal certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels or certain successors in interest of such companies), including: (1) the foreign tax credit for companies that are dual capacity taxpayers; (2) the tax deduction for income attributable to the production, refining, processing, transportation, or distribution of oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Up Government Act of 2007''.

SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND
              OTHER INTANGIBLE RIGHTS.

    Sections 1341 and 1343 of title 18, United States Code, are each
amended by striking ``money or property'' and inserting ``money,
property, or any other thing of value''.

SEC. 3. VENUE FOR FEDERAL OFFENSES.

    (a) Venue Includes Any District in Which Conduct in Furtherance of
an Offense Takes Place.--Subsection (a) of section 3237 of title 18,
United States Code, is amended to read as follows:
    ``(a) Except as otherwise provided by law, an offense against the
United States may be inquired of and prosecuted in any district in
which any conduct required for, or any conduct in furtherance of, the
offense took place, or in which the offense was completed.''.
    (b) Conforming Amendments.--
            (1) Section heading.--The heading for section 3237 of title
        18, United States Code, is amended to read as follows:
``Sec. 3237. Offense taking place in more than one district''.
            (2) Table of sections.--The table of sections at the
        beginning of chapter 211 of title 18, United States Code, is
        amended so that the item relating to section 3237 reads as
        follows:

``3237. Offense taking place in more than one district.''.

SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL
              FINANCIAL ASSISTANCE.

    Section 666(a) of title 18, United States Code, is amended by
striking ``ten years'' and inserting ``20 years''.

SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS.

    Section 641 of title 18, United States Code, is amended by striking
``ten years'' and inserting ``20 years''.

SEC. 6. BRIBERY AND GRAFT.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``fifteen years'' and
        inserting ``30 years''; and
            (2) in subsection (c), by striking ``two years'' and
        inserting ``five years''.

SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY
              OFFENSE.

    Section 641 of title 18, United States Code, is amended by
inserting ``the District of Columbia or'' before ``the United States''.

SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

    Paragraphs (A) and (B) of section 201(c)(1) of title 18, United
States Code, are each amended by inserting ``the official's official
position or'' before ``any official act''.

SEC. 9. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''.

    Section 201(a)(3) of title 18, United States Code, is amended by
striking ``any decision'' and all that follows through ``profit'' and
inserting ``any decision or action within the range of official duty of
a public official''.

SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN
              CRIMES.

    (a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission forthwith
shall review and amend its guidelines and its policy statements
applicable to persons convicted of an offense under sections 201, 641,
666, 1962 of title 18, United States Code in order to reflect the
intent of Congress that such penalties be increased in comparison to
those currently provided by guidelines and policy statements.
    (b) Requirements.--In carrying out this subsection, the Commission
shall--
            (1) ensure that the sentencing guidelines and policy
        statements reflect Congress' intent that the guidelines and
        policy statements reflect the serious nature of the offenses
        described in paragraph (1), the growing incidence of such
        offenses, and the need for an effective deterrent and
        appropriate punishment to prevent such offenses;
            (2) Consider the extent to which the guidelines may or may
        not appropriately account for.--
                    (A) the potential and actual harm to the public and
                the amount of any loss resulting from the offense;
                    (B) the level of sophistication and planning
                involved in the offense;
                    (C) whether the offense was committed for purposes
                of commercial advantage or private financial benefit;
                    (D) whether the defendant acted with intent to
                cause either physical or property harm in committing
                the offense;
                    (E) the extent to which the offense represented an
                abuse of trust by the offender and was committed in a
                manner that undermined public confidence in the
                federal, state or local government; and
                    (F) whether the violation was intended to or had
                the effect of creating a threat to public health or
                safety, injury to any person or even death;
            (3) assure reasonable consistency with other relevant
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating
        circumstances that might justify exceptions to the generally
        applicable sentencing ranges;
            (5) make any necessary conforming changes to the sentencing
        guidelines; and
            (6) assure that the guidelines adequately meet the purposes
        of sentencing as set forth in section 3553(a)(2) of title 18,
        United States Code.

Output:
Clean Up Government Act of 2007 - Amends the federal criminal code to: (1) expand mail and wire fraud prohibitions to include fraudulent use of the mails or wire to obtain any thing of value (currently, limited to money or property); (2) expand venue for prosecutions of federal offenses; (3) increase prison terms for theft or bribery concerning programs receiving federal funds and for bribery of public officials and witnesses; (4) include theft of District of Columbia property in the federal crime of stealing public money, property or records; and (5) expand the definition of "official act" for purposes of the crime of bribery of public officials and witnesses.

Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase penalties for public corruption.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Claims Processing
Innovation Act of 2007''.

SEC. 2. ESTABLISHMENT OF WORK CREDIT SYSTEM FOR REGIONAL OFFICES OF
              VETERANS BENEFITS ADMINISTRATION.

    (a) Establishment of System.--Chapter 7 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 713. Veterans Benefits Administration work credit system
    ``(a) Establishment.--The Secretary shall establish a work credit
system for evaluating regional offices of the Veterans Benefits
Administration.
    ``(b) Credit for Claims.--Under the system established under
subsection (a), a regional office of the Veterans Benefits
Administration may only receive work credit for a claim assigned to
that regional office when the appellate period for the claim has
expired or the Board of Veterans Appeals has issued a final decision
with respect to the claim.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``713. Veterans Benefits Administration work credit system.''.

SEC. 3. ELECTRONIC PROCESSING OF CLAIMS FOR BENEFITS ADMINISTERED BY
              SECRETARY OF VETERANS AFFAIRS.

    (a) Electronic Processing of Claims.--
            (1) In general.--Subtitle I of chapter 51 of title 38,
        United States Code, as amended by section 3, is further amended
        by adding at the end the following new section:
``Sec. 5109C. Electronic processing of claims
    ``(a) System Required.--The Secretary shall develop and maintain a
system for processing claims for disability compensation under this
title using artificial intelligence. Such system shall use medical and
military service data to generate recommendations with respect to
disability ratings.
    ``(b) Quarterly Reports.--During the period beginning on the date
that is 90 days after the date of the enactment of this section and
ending on the last day of the first full fiscal year after the fiscal
year during which the regional office required under section 351(c) of
this title is fully operational, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives quarterly reports on the status of the system required
under subsection (a) and the regional office required under such
section.''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by adding at the end the
        following new item:

``5109C. Electronic processing of claims.''.
    (b) Regional Office.--Section 315 of title 38, United States Code,
is amended by adding at the end the following new subsection:
    ``(c) The Secretary shall maintain a regional office at which all
claims for benefits under this title are processed exclusively
electronically. At such regional office, the Secretary shall--
            ``(1) maintain the system based on artificial intelligence
        required under section 5109C of this title; and
            ``(2) electronically scan all files created by or submitted
        to such office that relate to claimants or claims for such
        benefits.''.
    (c) Deadline for Implementation.--The Secretary of Veterans Affairs
shall establish a plan for establishing the regional office required
under subsection (c) of section 315 of title 38, United States Code, as
added by subsection (b), by not later than 90 days after the date of
the enactment of this Act.

SEC. 4. TREATMENT OF BENEFICIARY OF VETERAN'S ACCRUED BENEFITS AS
              CLAIMANT FOR PURPOSES OF INCOMPLETE CLAIMS AS OF DEATH OF
              VETERAN.

    (a) In General.--Section 5102 of title 38, United States Code, is
amended by added at the end the following new subsection:
    ``(d) If a veteran who is a claimant dies before completing the
submission of a claim for any benefit under a law administered by the
Secretary, the person who would receive any accrued benefits due to the
veteran under section 5121(a)(2) of this title shall be treated as the
claimant for the purposes of completing the submission of the claim.''.
    (b) Effective Date.--Subsection (d) of section 5102 of title 38,
United States Code, shall apply with respect to the claim of any
veteran who dies on or after the date of the enactment of this Act.

SEC. 5. EVALUATION OF TRAINING AND ASSESSMENT PROGRAMS FOR EMPLOYEES OF
              VETERANS BENEFITS ADMINISTRATION.

    (a) Evaluation Required.--The Secretary of Veterans Affairs shall
enter into a contract with a private entity with experience evaluating
quality assurance and benefits programs under which that entity shall--
            (1) conduct an evaluation of the items required to be
        included in the annual report of the Secretary under section
        7734 of title 38, United States Code, that were included in the
        last such report submitted before the date of the enactment of
        this Act, that relate to the training and performance
        assessment programs of the Department of Veterans Affairs for
        employees of the Veterans Benefits Administration who are
        responsible for matters relating to compensation or pension
        benefits under the laws administered by the Secretary; and
            (2) submit to the Secretary the results of such evaluation
        not later than 180 days after the date of the enactment of this
        Act.
    (b) Submission of Results to Congress.--Not later than 180 days
after the date of the enactment of this Act, In the first annual report
required to be submitted to Congress under section 529 of title 38,
United States Code, submitted after the date on which the Secretary
receives the results of the evaluation required under subsection (a),
the Secretary shall include such results.
    (c) Report.--Not later than 180 days after the date on which the
Secretary submits the report referred to in subsection (b), the
Secretary shall submit to Congress a report on any actions the
Secretary has taken or plans to take in response to the results of the
evaluation required under subsection (a).

Output:
Veterans Claims Processing Innovation Act of 2007 - Directs the Secretary of Veterans Affairs to establish a work credit system for evaluating regional offices of the Veterans Benefits Administration (VBA) with respect to veterans' claims processing.

Requires the Secretary to: (1) develop and maintain a system for processing veterans' disability compensation claims using artificial intelligence that utilizes medical and military service data to generate disability rating recommendations; and (2) maintain a regional office at which all such claims are processed exclusively electronically.

Provides that if a veteran who is a claimant dies before completing the submission of a claim for benefits, the person who would receive any accrued benefit(s) due to such veteran shall be treated as the claimant for purposes of completing submission of the claim.

Directs the Secretary to contract with a private entity to evaluate the training and assessment programs for VBA employees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Gaming Regulatory Act
Amendments of 2004''.

SEC. 2. DEFINITIONS.

    Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is
amended--
            (1) by redesignating paragraphs (3), (4), (5), (6), (7),
        (8), and (10), as paragraphs (6), (7), (8), (3), (4), (5), and
        (11), respectively; and
            (2) by inserting after paragraph (9) the following:
            ``(10) Regulated person or entity.--The term `regulated
        person or entity' means--
                    ``(A) an Indian tribe;
                    ``(B) a tribal operator of an Indian gaming
                operation;
                    ``(C) a management contractor engaged in Indian
                gaming;
                    ``(D) any person that is associated with--
                            ``(i) a gaming operation, or any part of a
                        gaming operation, of an Indian tribe; or
                            ``(ii) a gaming-related contractor of an
                        Indian tribe; and
                    ``(E) any person that--
                            ``(i) agrees, by contract or otherwise, to
                        provide a tribal gaming operation with
                        supplies, a service, or a concession with an
                        estimated value in excess of $25,000 annually
                        (not including a contract for a legal or
                        accounting service, commercial banking service,
                        or public utility service); or
                            ``(ii) requests a suitability determination
                        by the Commission, or by an Indian tribe or
                        State, as part of an effort--
                                    ``(I) to acquire a direct financial
                                interest in, or management
                                responsibility for, a management
                                contract for operation of a tribal
                                gaming facility; or
                                    ``(II) to participate in a gaming-
                                related activity that requires a
                                licensing decision by an Indian tribe
                                or State.''.

SEC. 3. NATIONAL INDIAN GAMING COMMISSION.

    Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is
amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``(A)''; and
                    (B) by striking subparagraph (B);
            (2) by striking subsection (c) and inserting the following:
    ``(c) Vacancies.--
            ``(1) In general.--A vacancy on the Commission shall be
        filled in the same manner as the original appointment.
            ``(2) Service after expiration of term.--A member may serve
        after the expiration of the member's term at the pleasure of
        the officer of the United States who appointed the member.'';
        and
            (3) in the second sentence of subsection (e), by striking
        ``during meetings of the Commission in the absence of the
        Chairman'' and inserting ``in the absence of, or during any
        period of disability of, the Chairman''.

SEC. 4. POWERS OF CHAIRMAN.

    Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is
amended--
            (1) in subsection (a)--
                    (A) by striking ``, on behalf of the Commission,'';
                    (B) in paragraph (3), by striking ``and'' at the
                end;
                    (C) in paragraph (4), by striking the period at the
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(5) to issue to a regulated person or entity an order
        that--
                    ``(A) requires an accounting and disgorgement, with
                interest;
                    ``(B) reprimands or censures; or
                    ``(C) places a limitation on a gaming activity or
                gaming function.''; and
            (2) by adding at the end the following:
    ``(c) Delegation.--The Chairman may delegate to any member of the
Commission, on such terms and conditions as the Chairman may determine,
any power of the Chairman under subsection (a).
    ``(d) Manner of Exercise.--Authority under subsection (a) shall be
exercised in a manner that is consistent with--
            ``(1) due process of law;
            ``(2) this Act; and
            ``(3) the rules, findings, and determinations made by the
        Commission in accordance with applicable law.''.

SEC. 5. POWERS OF THE COMMISSION.

    Section 7 of the Indian Gaming Regulatory Act (25 U.S.C. 2706) is
amended--
            (1) in subsection (a)(5), by striking ``permanent'' and
        inserting ``final'';
            (2) in subsection (b)--
                    (A) in paragraphs (1), (2), and (4), by inserting
                ``and class III gaming'' after ``class II gaming'';
                    (B) in paragraph (9), by striking ``and'' at the
                end;
                    (C) in paragraph (10), by striking the period at
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(11) may, in case of contumacy by, or refusal to obey any
        subpoena issued to, any person, request the Attorney General to
        invoke the jurisdiction of any court of the United States,
        within the geographical jurisdiction of which a person to whom
        the subpoena was directed is an inhabitant, is domiciled, is
        organized, has appointed an agent for service of process,
        transacts business, or is found, to compel compliance with the
        subpoena to require the attendance and testimony of witnesses
        and the production of records; and
            ``(12) subject to subsection (c), may accept gifts on
        behalf of the Commission.''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Gifts.--
            ``(1) In general.--The Commission shall not accept a gift--
                    ``(A) that attaches a condition that is
                inconsistent with any applicable law (including a
                regulation); or
                    ``(B) that is conditioned on, or will require, the
                expenditure of appropriated funds that are not
                available to the Commission.
            ``(2) Regulations.--The Commission shall promulgate
        regulations specifying the criteria to be used to determine
        whether the acceptance of a gift would--
                    ``(A) adversely affect the ability of the
                Commission or any employee of the Commission to carry
                out the duties of the Commission in a fair and
                objective manner; or
                    ``(B) compromise the integrity or the appearance of
                the integrity of any official involved in a program of
                the Commission.
    ``(d) Regulatory Plan.--
            ``(1) In general.--The Commission shall develop a
        nonbinding regulatory plan for use in carrying out activities
        of the Commission.
            ``(2) Treatment.--In developing the regulatory plan, the
        Commission shall not be bound by chapter 6 of title 5, United
        States Code.
            ``(3) Contents.--The regulatory plan shall include--
                    ``(A) a comprehensive mission statement describing
                the major functions and operations of the Commission;
                    ``(B) a description of the goals and objectives of
                the Commission;
                    ``(C) a description of the general means by which
                those goals and objectives are to be achieved,
                including a description of the operational processes,
                skills, and technology and the human resources,
                capital, information, and other resources required to
                achieve those goals and objectives;
                    ``(D) a performance plan for achievement of those
                goals and objectives, including provision for a report
                on the actual performance of the Commission as measured
                against the goals and objectives;
                    ``(E) an identification of the key factors that are
                external to, or beyond the control of, the Commission
                that could significantly affect the achievement of
                those goals and objectives; and
                    ``(F) a description of the program evaluations used
                in establishing or revising those goals and objectives,
                including a schedule for future program evaluations.
            ``(4) Duration.--The regulatory plan shall cover a period
        of not less than 5 fiscal years, beginning with the fiscal year
        in which the plan is developed.
            ``(5) Revision.--The regulatory plan shall be revised
        biennially.''.

SEC. 6. COMMISSION STAFFING.

    Section 8 of the Indian Gaming Regulatory Act (25 U.S.C. 2707) is
amended--
            (1) in subsection (a), by striking ``basic pay payable for
        GS-18 of the General Schedule under section 5332 of title 5''
        and inserting ``pay payable for level IV of the Executive
        Schedule under section 5315 of title 5, United States Code, as
        adjusted under section 5318 of that title'';
            (2) in the second sentence of subsection (b), by striking
        ``basic pay payable for GS-17 of the General Schedule under
        section 5332 of that title'' and inserting ``pay payable for
        level IV of the Executive Schedule under section 5315 of title
        5, United States Code, as adjusted under section 5318 of that
        title''; and
            (3) in subsection (c), by striking ``basic pay payable for
        GS-18 of the General Schedule'' and inserting ``pay payable for
        level IV of the Executive Schedule under section 5315 of title
        5, United States Code, as adjusted under section 5318 of that
        title''.

SEC. 7. TRIBAL GAMING ORDINANCES.

    Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is
amended--
            (1) in subsection (b)(2)(F)(i)--
                    (A) by inserting ``tribal gaming commissioners, key
                tribal gaming commission employees, and'' after
                ``conducted on'';
                    (B) by inserting ``primary management officials and
                key employees'' after ``oversight of''; and
                    (C) by striking ``such officials and their
                management''; and
            (2) in subsection (d)(9), by striking ``the provisions of
        subsections (b), (c), (d), (f), (g), and (h) of''.

SEC. 8. MANAGEMENT CONTRACTS.

    Section 12(a)(1) of the Indian Gaming Regulatory Act (25 U.S.C.
2711(a)(1)) is amended by inserting ``or a class III gaming activity
that the Indian tribe may engage in under section 11(d)'' after
``section 11(b)(1)''.

SEC. 9. CIVIL PENALTIES.

    Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is
amended--
            (1) by striking the section heading and all that follows
        through ``provide such tribal operator or management
        contractor'' in subsection (a)(3) and inserting the following:

``SEC. 14. CIVIL PENALTIES.

    ``(a) In General.--
            ``(1) Levy and collection.--Subject to such regulations as
        the Commission may promulgate, the Chairman shall have
        authority to--
                    ``(A) levy and collect appropriate civil fines, not
                to exceed $25,000 per violation, per day;
                    ``(B) issue orders requiring accounting and
                disgorgement, including interest; and
                    ``(C) issue orders of reprimand, censure, or the
                placement of limitations on gaming activities and
                functions of any regulated person or entity for any
                violation of any provision of this Act, Commission
                regulations, or tribal regulations, ordinances, or
                resolutions approved under section 11 or 13.
            ``(2) Appeal.--The Commission shall by regulation provide
        an opportunity for an appeal and hearing before the Commission
        of an action taken under paragraph (1).
            ``(3) Complaint.--If the Commission has reason to believe
        that a regulated person or entity is engaged in activities
        regulated by this Act (including regulations promulgated under
        this Act), or by tribal regulations, ordinances, or resolutions
        approved under section 11 or 13, that may result in the
        imposition of a fine under subsection (a)(1), the permanent
        closure of a game, or the modification or termination of a
        management contract, the Commission shall provide the regulated
        person or entity.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``game'' and
                inserting ``gaming operation, or any part of a gaming
                operation,''; and
                    (B) in paragraph (2)--
                            (i) in the first sentence, by striking
                        ``permanent'' and inserting ``final''; and
                            (ii) in the second sentence, by striking
                        ``order a permanent closure of the gaming
                        operation'' and inserting ``make final the
                        order of closure''; and
            (3) in subsection (c), by striking ``permanent closure''
        and inserting ``closure, accounting, disgorgement, reprimand,
        or censure or placement of a limitation on a gaming activity or
        function''.

SEC. 10. SUBPOENA AND DEPOSITION AUTHORITY.

    Section 16 of the Indian Gaming Regulatory Act (25 U.S.C. 2715) is
amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Judicial Enforcement.--On application of the Attorney
General, a district court of the United States shall have jurisdiction
to issue a writ of mandamus, injunction, or order commanding any person
to comply with this Act.'';
            (2) by redesignating subsections (d), (e), and (f) as
        subsections (e), (f), and (g), respectively, and inserting
        after subsection (c) the following:
    ``(d) Failure To Obey Subpoena.--
            ``(1) In general.--In case of a failure to obey a subpoena
        issued by the Commission or the Chairman and on request of the
        Commission or Chairman, the Attorney General may apply to the
        United States District Court for the District of Columbia or
        any United States district court within the geographical
        jurisdiction of which a person to whom the subpoena was
        directed is an inhabitant, is domiciled, is organized, has
        appointed an agent for service of process, transacts business
        or is found, to compel compliance with the subpoena.
            ``(2) Remedies.--On application under paragraph (1), the
        court shall have jurisdiction to--
                    ``(A) issue a writ commanding the person to comply
                with the subpoena; or
                    ``(B) punish a failure to obey the writ as a
                contempt of court.
            ``(3) Process.--Process to a person in any proceeding under
        this subsection may be served wherever the person may be found
        in the United States or as otherwise authorized by law or by
        rule or order of the court.''.

SEC. 11. COMMISSION FUNDING.

    Section 18(a)(2) of the Indian Gaming Regulatory Act (25 U.S.C.
2717(a)(2)) is amended by striking subparagraph (B) and inserting the
following:
                    ``(B) Limitation.--The total amount of all fees
                imposed during any fiscal year under the schedule
                established under paragraph (1) shall not exceed 0.080
                percent of the gaming revenues of all gaming operations
                subject to regulation by the Commission.''.

SEC. 12. PRESERVATION OF EXISTING STATUS.

    Nothing in this Act or any amendment made by this Act expands,
limits, or otherwise affects any immunity that an Indian tribe may have
under applicable law.

Output:
Indian Gaming Regulatory Act Amendments of 2004 - Amends the Indian Gaming Regulatory Act to define a regulated person or entity to be a Indian tribe, a tribal operator of an Indian gaming operation, or any related management contractor or associated person, including certain concessionaires.

Revises procedures for filling vacancies on the National Indian Gaming Commission and the powers of the Chairman.

Directs the Commission to monitor, inspect, and access records of class III gaming. Authorizes it, in the case of contumacy by, or refusal to obey any subpoena issued to, any person, to request the Attorney General to invoke the jurisdiction of any U.S. court to compel compliance.

Authorizes the Commission to accept gifts on its behalf, subject to specified prohibitions.

Requires the Commission to develop a nonbinding minimum five-year regulatory plan to carry out its activities.

Adjusts the salary of the General Counsel to the Commission and of other staff.

Requires Commission Chairman approval of any tribal gaming ordinance that provides for a system ensuring background investigations and continuing oversight of tribal gaming commissioners and key tribal gaming commission employees (as well as primary management officials and key employees of a class II gaming enterprise, as under current law).

Allows an Indian tribe to enter into a management contract for the operation and management of a class III gaming activity, subject to specified requirements currently applicable to class II gaming management contracts.

Revises the authority of the Chairman to levy and collect appropriate civil fines up to $25,000 per violation to specify up to $25,000 per violation, per day. Authorizes the Chairman to issue orders: (1) requiring accounting and disgorgement, including interest; and (2) of reprimand, censure, or the placement of limitations on gaming activities and functions of any regulated person or entity for violations of Federal law or Commission or tribal regulations or ordinances.

Requires the Commission to provide the regulated person or entity (currently, the tribal operator of an Indian game or a management contractor) with a written complaint if the Commission has reason to believe that such person or entity is engaged in specified activities.

Authorizes Federal court enforcement of Commission subpoenas.

Limits the schedule of fees to be paid to the Commission by each gaming operation that conducts a class II or class III gaming activity during any fiscal year to 0.080 percent of the gaming revenues.


Input:
SECTION 1. ENHANCED SECURITY FOR AIRCRAFT.

    (a) Security for Larger Aircraft.--
            (1) Program required.--Not later than 90 days after the
        date of the enactment of this Act, the Administrator of the
        Federal Aviation Administration shall commence implementation
        of a program to provide security screening for all aircraft
        operations conducted with respect to any aircraft having a
        maximum certified takeoff weight of more than 12,500 pounds
        that is not operating as of the date of the implementation of
        the program under security procedures prescribed by the
        Administrator.
            (2) Waiver.--
                    (A) Authority to waive.--The Administrator may
                waive the applicability of the program under paragraph
                (1) with respect to any aircraft or class of aircraft
                otherwise described by that paragraph if the
                Administrator determines that aircraft described in
                that paragraph can be operated safely without the
                applicability of the program to such aircraft or class
                of aircraft, as the case may be.
                    (B) Limitations.--A waiver under subparagraph (A)
                may not go into effect--
                            (i) unless approved by the Secretary of
                        Transportation; and
                            (ii) until 10 days after the date on which
                        notice of the waiver has been submitted to the
                        appropriate committees of Congress.
            (3) Program elements.--The program under paragraph (1)
        shall require the following:
                    (A) The search of any aircraft covered by the
                program before takeoff.
                    (B) The screening of all crew members, passengers,
                and other persons boarding any aircraft covered by the
                program, and their property to be brought on board such
                aircraft, before boarding.
            (4) Procedures for searches and screening.--The
        Administrator shall develop procedures for searches and
        screenings under the program under paragraph (1). Such
        procedures may not be implemented until approved by the
        Secretary.
    (b) Security for Smaller Aircraft.--
            (1) Program required.--Not later than one year after the
        date of the enactment of this Act, the Administrator shall
        commence implementation of a program to provide security for
        all aircraft operations conducted with respect to any aircraft
        having a maximum certified takeoff weight of 12,500 pounds or
        less that is not operating as of the date of the implementation
        of the program under security procedures prescribed by the
        Administrator. The program shall address security with respect
        to crew members, passengers, baggage handlers, maintenance
        workers, and other individuals with access to aircraft covered
        by the program, and to baggage.
            (2) Report on program.--Not later than 180 days after the
        date of the enactment of this Act, the Secretary shall submit
        to the appropriate committees of Congress a report containing a
        proposal for the program to be implemented under paragraph (1).
    (c) Background Checks for Aliens Engaged in Certain Transactions
Regarding Aircraft.--
            (1) Requirement.--Notwithstanding any other provision of
        law and subject to paragraph (3), no person or entity may sell,
        lease, or charter any aircraft to an alien, or any other
        individual specified by the Secretary for purposes of this
        subsection, within the United States unless the Attorney
        General issues a certification of the completion of a
        background investigation of the alien, or other individual, as
        the case may be, that meets the requirements of paragraph (2).
            (2) Background investigation.--A background investigation
        or an alien or individual under this subsection shall consist
        of the following:
                    (A) A determination whether or not there is a
                record of a criminal history for the alien or
                individual, as the case may be, and, if so, a review of
                the record.
                    (B) In the case of an alien, a determination of the
                status of the alien under the immigration laws of the
                United States.
                    (C) A determination whether the alien or
                individual, as the case may be, presents a risk to the
                national security of the United States.
            (3) Expiration.--The prohibition in paragraph (1) shall
        expire as follows:
                    (A) In the case of an aircraft having a maximum
                certified takeoff weight of more than 12,500 pounds,
                upon implementation of the program required by
                subsection (a).
                    (B) In the case of an aircraft having a maximum
                certified takeoff weight of 12,500 pounds or less, upon
                implementation of the program required by subsection
                (b).
            (4) Alien defined.--In this subsection, the term ``alien''
        has the meaning given that term in section 101(a)(3) of the
        Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
    (d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Commerce, Science, and Transportation
        of the Senate; and
            (2) the Committee on Commerce of the House of
        Representatives.

Output: Directs the Administrator of the Federal Aviation Administration to implement programs to provide security screening for all aircraft operations conducted with respect to any larger aircraft (with a maximum certified takeoff weight of more than 12,500 pounds) and any smaller aircraft (12,500 pounds or under) that are not operating under security procedures prescribed by the Administrator. Authorizes a waiver of such requirement to aircraft that can be operated safely without such a program.Prohibits a person or entity from selling, leasing, or chartering an aircraft to an alien, or any other individual specified by the Secretary of Transportation, within the United States unless the Attorney General certifies completion of a background investigation of the alien (or other individual) that meets specified requirements.


Input:
SECTION 1. FINDINGS.

    (a) The Congress makes the following findings:
            (1) The free exchange of ideas and information through
        modern, reliable telecommunications equipment fosters the
        development of democratic institutions, the promotion of free
        market economic reforms, and the facilitation of international
        commerce.
            (2) Exports of advanced telecommunications equipment and
        technology contribute to United States economic competitiveness
        and high-skill, high-wage jobs in the United States.
            (3) Export restrictions on telecommunications equipment and
        technology are outdated, controlling the export of equipment
        and technology that is more than 10 years old and has over 15
        times less capacity than similar equipment and technology in
        use today in the United States.
            (4) Foreign availability of telecommunications equipment
        and technology exists both from countries that do not belong to
        or cooperate with the Coordinating Committee for Multilateral
        Export Controls, and from within countries to which exports of
        such equipment and technology are controlled by agreement of
        the Coordinating Committee.

SEC. 2. EXPORT CONTROLS ON TELECOMMUNICATIONS.

    (a) In General.--Section 5(c) of the Export Administration Act of
1979 (50 U.S.C. App. 2404(c)) is amended by adding at the end the
following:
            ``(8)(A) The Secretary shall, not later than 30 days after
        the date of the enactment of this paragraph, propose to the
        Coordinating Committee that exports of telecommunications
        equipment and telecommunications technology for civil end uses
        shall not require a validated license for export to any of the
        republics of the former Soviet Union, the People's Republic of
        China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania,
        Albania, Estonia, Lithuania, or Latvia.
            ``(B) For purposes of this paragraph--
                    ``(i) the term `telecommunications equipment'
                includes--
                            ``(I) telephone switching systems and
                        stored program controlled communications
                        switching systems, including related features
                        and components that provide services and
                        management of telecommunications networks;
                            ``(II) telecommunications transmission
                        equipment;
                            ``(III) microwave, light wave, and other
                        radio relay, transmitting, or test equipment,
                        and related components and accessories;
                            ``(IV) telecommunications cables and
                        components, including optical fibers and
                        optical fiber cables;
                            ``(V) equipment containing frequency
                        synthesizers when used in land-based mobile
                        communications systems;
                            ``(VI) equipment described in any of
                        subclauses (I) through (V), or any other
                        telecommunications equipment, that contains
                        lasers;
                            ``(VII) computer hardware and application
                        specific software which are related to any of
                        the items described in clauses (I) through (VI)
                        and are required for data communications; and
                            ``(VIII) all spare parts, components, and
                        measuring or test equipment related to any of
                        the items described in subclauses (I) through
                        (VII);
                    ``(ii) the term `telecommunications technology'
                means technology related to telecommunications
                equipment, including technology for the production,
                development, and use of telecommunications equipment;
                    ``(iii) the term `telecommunications networks'
                includes local area, intracity, intercity, and
                international telecommunications networks; and
                    ``(iv) the term `telecommunications' means voice,
                video, and data communications over any public or
                private network or broadcasting system, and services
                related to such communications.''.
    (b) Report.--Not later than 60 days after the date of the enactment
of this Act, the President shall submit to the Speaker of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report certifying that the proposal required by
section 5(c)(8) of the Export Administration Act of 1979 (as added by
subsection (a) of this section) has been made to the members of the
Coordinating Committee and outlining the plans to gain the concurrence
of the other members of the Committee in the proposal.

Output:
Directs the Secretary of Commerce to propose to the Coordinating Committee for Multilateral Export Controls that exports of telecommunications technology for civil end uses shall not require a validated license for export to any of the republics of the former Soviet Union, China, Poland, the Czech Republic, Slovakia, Bulgaria, Romania, Albania, Estonia, Lithuania, or Latvia.
Requires the President to submit to specified congressional committees a report that certifies that such proposal was made and that outlines plans to gain the concurrence of other Coordinating Committee members in the proposal.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Erroneous Payments Recovery Act of
2001''.

SEC. 2. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES IN PAYMENTS
              TO CONTRACTORS AND RECOVERY OF AMOUNTS ERRONEOUSLY PAID.

    (a) Program Required.--The head of each executive agency that
enters into contracts with a total value in excess of $500,000,000 in a
fiscal year shall carry out a cost-effective program for identifying
any errors made in paying the contractors and for recovering any
amounts erroneously paid to the contractors.
    (b) Recovery Audits and Activities.--A program of an executive
agency under subsection (a) shall include recovery audits and recovery
activities. The head of the executive agency shall determine, in
accordance with guidance provided under subsection (c), the classes of
contracts to which recovery audits and recovery activities are
appropriately applied.
    (c) OMB Guidance.--The Director of the Office of Management and
Budget shall issue guidance for the conduct of programs under
subsection (a). The guidance shall include the following:
            (1) Definitions of the terms ``recovery audit'' and
        ``recovery activity'' for the purposes of the programs.
            (2) The classes of contracts to which recovery audits and
        recovery activities are appropriately applied under the
        programs.
            (3) Protections for the confidentiality of--
                    (A) sensitive financial information that has not
                been released for use by the general public; and
                    (B) information that could be used to identify a
                person.
            (4) Policies and procedures for ensuring that the
        implementation of the programs does not result in duplicative
        audits of contractor records.
            (5) Policies regarding the types of contracts executive
        agencies may use for the procurement of recovery services,
        including guidance for use, in appropriate circumstances, of a
        contingency contract pursuant to which the head of an executive
        agency may pay a contractor an amount equal to a percentage of
        the total amount collected for the United States pursuant to
        that contract.
            (6) Protections for a contractor's records and facilities
        through restrictions on the authority of a contractor under a
        contract for the procurement of recovery services for an
        executive agency--
                    (A) to require the production of any record or
                information by any person other than an officer,
                employee, or agent of the executive
                agency;
                    (B) to establish, or otherwise have, a physical
                presence on the property or premises of any private
                sector entity for the purposes of performing the
                contract; or
                    (C) to act as agents for the Government in the
                recovery of funds erroneously paid to contractors.
            (7) Policies for the appropriate types of management
        improvement programs authorized by section 5 that executive
        agencies may carry out to address overpayment problems and the
        recovery of overpayments.

SEC. 3. DISPOSITION OF RECOVERED FUNDS.

    (a) Availability of Funds for Recovery Audits and Activities
Program.--Funds collected under a program carried out by an executive
agency under section 2 shall be available to the executive agency,
without further appropriation, for the following purposes:
            (1) To reimburse the actual expenses incurred by the
        executive agency in the administration of the program.
            (2) To pay contractors for services under the program in
        accordance with the guidance issued under section 2(c)(5).
    (b) Funds Not Used for Program.--Any amounts erroneously paid by an
executive agency that are recovered under such a program of an
executive agency and are not used to reimburse expenses or pay
contractors under subsection (a)--
            (1) shall be credited to the appropriations from which the
        erroneous payments were made that remain available for
        obligation as of the time such amounts were collected, shall be
        merged with other amounts in those appropriations, and shall be
        available for the purposes and period for which such
        appropriations are available; or
            (2) if no such appropriation remains available for
        obligation at that time, shall be disposed of as provided in
        subsection (c).
    (c) Other Dispositions.--Of the total amount collected under such a
program of an executive agency that is to be disposed of under this
subsection--
            (1) up to 25 percent of such amount may be expended by the
        head of the executive agency for carrying out any management
        improvement program of the executive agency under section 5;
        and
            (2) the remainder of that total amount, including any
        amount not expended under paragraph (1), shall be deposited in
        the Treasury as miscellaneous receipts.
    (d) Priority of Other Authorized Dispositions.--Notwithstanding
subsections (b) and (c), the authority under such subsections may not
be exercised to use, credit, or deposit funds collected under such a
program as provided in those subsections to the extent that any other
provision of law requires or authorizes the crediting of such funds to
a nonappropriated fund instrumentality, revolving fund, working-capital
fund, trust fund, or other fund or account.

SEC. 4. SOURCES OF RECOVERY SERVICES.

    (a) Consideration of Available Recovery Resources.--(1) In carrying
out a program under section 2, the head of an executive agency shall
consider all resources available to that official to carry out the
program.
    (2) The resources considered by the head of an executive agency for
carrying out the program shall include the resources available to the
executive agency for such purpose from the following sources:
            (A) The executive agency.
            (B) Other departments and agencies of the United States.
            (C) Private sector sources.
    (b) Compliance With Applicable Law and Regulations.--Before
entering into a contract with a private sector source for the
performance of services under a program of the executive agency carried
out under section 2, the head of an executive agency shall comply
with--
            (1) any otherwise applicable provisions of Office of
        Management and Budget Circular A-76; and
            (2) any other applicable provision of law or regulation
        with respect to the selection between employees of the United
        States and private sector sources for the performance of
        services.

SEC. 5. MANAGEMENT IMPROVEMENT PROGRAMS.

    In accordance with guidance provided by the Director of the Office
of Management and Budget under section 2, the head of an executive
agency required to carry out a program under section 2 may carry out a
program for improving management processes within the executive
agency--
            (1) to address problems that contribute directly to the
        occurrence of errors in the paying of contractors of the
        executive agency; or
            (2) to improve the recovery of overpayments due to the
        agency.

SEC. 6. REPORTS.

    (a) Requirement for Reports.--Not later than 30 months after the
date of the enactment of this Act, and annually for each of the first
two years following the year of the first report, the Director of the
Office of Management and Budget shall submit to the House Committee on
Government Reform and the Senate Committee on Governmental Affairs, a
report on the implementation of this Act.
    (b) Content.--Each report shall include--
            (1) a general description and evaluation of the steps taken
        by the heads of executive agencies to carry out the programs
        under this Act, including any management improvement programs
        carried out under section 5;
            (2) the costs incurred by executive agencies to carry out
        the programs under this Act; and
            (3) the amounts recovered under the programs under this
        Act.

SEC. 7. RELATIONSHIP TO AUTHORITY OF INSPECTORS GENERAL.

    Nothing in this Act shall be construed as impairing the authority
of an Inspector General under the Inspector General Act of 1978 or any
other provision of law.

SEC. 8. PRIVACY PROTECTIONS.

    (a) Prohibition.--Any nongovernmental entity that, in the course of
recovery auditing or recovery activity under this Act, obtains
information that identifies an individual or with respect to which
there is a reasonable basis to believe that the information can be used
to identify an individual, may not disclose the information for any
purpose other than such recovery auditing or recovery activity and
governmental oversight of such activity, unless disclosure for that
other purpose is authorized by the individual to the executive agency
that contracted for the performance of the recovery auditing or
recovery activity.
    (b) Liability.--Any person that violates subsection (a) shall be
liable for any damages (including nonpecuniary damages), costs, and
attorneys fees incurred by the individual as a result of the violation.

SEC. 9. DEFINITION.

    In this Act, the term ``executive agency'' has the meaning given
the term in section 4(1) of the Office of Federal Procurement Policy
Act (41 U.S.C. 403(1)).

Output: Erroneous Payments Recovery Act of 2001 - Requires each executive agency that enters into contracts with a total value in excess of $500 million in a fiscal year to carry out a cost-effective program for: (1) identifying errors made in paying contractors; and (2) recovering amounts erroneously paid. Requires the Director of the Office of Management and Budget to issue guidance for conducting such programs.Requires funds collected under such a program to be available to reimburse the agency for program expenses and to pay contractors for recovery services under the program. Requires remaining recovered amounts: (1) to be credited to the appropriations from which such payments were made that remain available for obligation; or (2) if no such appropriation remains available, to be disposed of by the affected agency head for carrying out a management improvement program (25 percent) with the remainder to be deposited in the Treasury.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unemployed Workers Hiring Act of
2011''.

SEC. 2. TEMPORARY PAYROLL TAX REDUCTION FOR NEWLY HIRED EMPLOYEES.

    (a) Employer.--
            (1) In general.--Paragraph (1) of section 3111(d) of the
        Internal Revenue Code of 1986 is amended by striking so much as
        precedes subparagraph (A) and inserting the following:
            ``(1) In general.--Subsection (a) shall not apply to wages
        paid by a qualified employer with respect to employment of any
        qualified individual during the 1-year period beginning with
        the date the individual's employment with the employer began
        for services performed--''.
            (2) Qualified individual.--Paragraph (3) of section 3111(d)
        of such Code is amended--
                    (A) by striking subparagraphs (A) and (B) and
                inserting the following new subparagraphs:
                    ``(A) begins employment with a qualified employer
                during the 2-year period beginning after the date of
                the enactment of the Unemployed Workers Hiring Act of
                2011,
                    ``(B) certifies by signed affidavit, under
                penalties of perjury, that such individual on the day
                before the date the employee begins work for the
                employer was in receipt of unemployment compensation
                under State or Federal law or was unemployed and had
                exhausted the right to such unemployment
                compensation,'', and
                    (B) by striking ``and'' at the end of subparagraph
                (C), by striking the period at the end of subparagraph
                (D), and by adding at the end the following new
                subparagraphs:
                    ``(E) prior to the date the employment with the
                employer begins, has not been employed by the employer
                at any time, and
                    ``(F) is employed on average at least 30 hours of
                service per week.''.
            (3) Recapture.--Subsection (d) of section 3111 of such Code
        is amended by adding at the end the following new paragraph:
            ``(6) Recapture.--
                    ``(A) In general.--In any case in which an
                individual ceases to be a qualified individual with
                respect to the employer during the 1-year period
                beginning with the date the individual's employment
                with the employer began, the tax imposed under
                subsection (a) with respect to individuals in his
                employ shall be increased by the amount such tax was
                reduced with respect to such individual by reason of
                paragraph (1).
                    ``(B) Due date.--The increase in tax under
                subparagraph (A) shall be paid over to the Secretary--
                            ``(i) not later than 30 days after the date
                        such individual first ceases to be a qualified
                        individual during such 1-year period, and
                            ``(ii) in the same manner as deposits are
                        made under section 6302 of taxes imposed on
                        such employer under subsection (a) with respect
                        to individuals in his employ.''.
    (b) Employee.--Section 3101 of such Code is amended by adding at
the end the following new subsection:
    ``(d) Temporary Exemption for Newly Hired Unemployed Individuals.--
In the case of a qualified individual (as defined in section
3111(d)(3)) of a qualified employer (as defined in section 3111(d)(2)),
subsection (a) shall not apply with respect to the wages of such
individual with respect to employment with such employer during the 1-
year period beginning with the date such employee began work for such
employer.''.
    (c) Application to Railroad Retirement Taxes.--
            (1) Employers.--
                    (A) In general.--Paragraph (1) of section 3221(c)
                of such Code is amended to read as follows:
            ``(1) In general.--In the case of compensation paid by a
        qualified employer--
                    ``(A) with respect to having a qualified individual
                in the employer's employ for services rendered to such
                qualified employer, and
                    ``(B) during the 1-year period beginning with the
                date any qualified individual's employment with such
                employer began,
        the applicable percentage under subsection (a) shall be equal
        to the rate of tax in effect under section 3111(b) for the
        calendar year.''.
            (2) Qualified individual.--Paragraph (3) of section 3221(c)
        of such Code is amended--
                    (A) by striking subparagraphs (A) and (B) and
                inserting the following new subparagraphs:
                    ``(A) begins employment with a qualified employer
                during the 2-year period beginning after the date of
                the enactment of the Unemployed Workers Hiring Act of
                2011,
                    ``(B) certifies by signed affidavit, under
                penalties of perjury, that such individual on the day
                before the date the employee begins work for the
                employer was in receipt of unemployment compensation
                under State or Federal law or was unemployed and had
                exhausted the right to such unemployment
                compensation,'', and
                    (B) by striking ``and'' at the end of subparagraph
                (C), by striking the period at the end of subparagraph
                (D), and by adding at the end the following new
                subparagraphs:
                    ``(E) prior to the date the employment with the
                employer begins, has not been employed by the employer
                at any time, and
                    ``(F) is employed on average at least 30 hours of
                service per week.''.
            (3) Recapture.--Subsection (c) of section 3221 of such Code
        is amended by adding at the end the following new paragraph:
            ``(6) Recapture.--
                    ``(A) In general.--In any case in which an
                individual ceases to be a qualified individual with
                respect to the employer during the 1-year period
                beginning with the date the individual's employment
                with the employer began, the tax imposed under
                subsection (a) with respect to individuals in his
                employ shall be increased by the amount such tax was
                reduced with respect to such individual by reason of
                paragraph (1).
                    ``(B) Due date.--The increase in tax under
                subparagraph (A) shall be paid over to the Secretary--
                            ``(i) not later than 30 days after the date
                        such individual first ceases to be a qualified
                        individual during such 1-year period, and
                            ``(ii) in the same manner as deposits are
                        made under section 6302 of taxes imposed on
                        such employer under subsection (a) with respect
                        to individuals in his employ.''.
            (4) Employee.--Section 3201 of such Code is amended by
        redesignating subsection (c) as subsection (d) and by inserting
        after subsection (b) the following new subsection:
    ``(c) Temporary Exemption for Newly Hired Unemployed Individuals.--
In the case of a qualified individual (as defined in section
3221(c)(3)) employed by a qualified employer (as defined in section
3221(c)(2), the applicable percentage with respect to compensation
received during the 1-year period beginning with the date such
qualified individual's employment with such employer began shall be
equal to the rate of tax in effect under section 3101(b) for the
calendar year.''.
    (d) Guidance.--The Secretary of the Treasury shall provide such
guidance as is necessary or appropriate to carry out the purposes of
the amendments made by this section.
    (e) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsections (a) and (b). Amounts
appropriated by the preceding sentence shall be transferred from the
general fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
    (f) Transfers to Social Security Equivalent Benefit Account.--There
are hereby appropriated to the Social Security Equivalent Benefit
Account established under section 15A(a) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of the amendments made by subsection
(c). Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such manner as
to replicate to the extent possible the transfers which would have
occurred to such Account had such amendments not been enacted.
    (g) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this subsection shall apply to wages paid
        after the date of the enactment of this Act.
            (2) Railroad retirement taxes.--The amendments made by
        subsection (c) shall apply to compensation paid after the date
        of the enactment of this Act.

Output: Unemployed Workers Hiring Act of 2011 - Amends the Internal Revenue Code to exempt employers and employees from employment taxes for up to one year for wages paid to new employees who had exhausted all unemployment benefits prior to the start of their employment and who are working on average at least 30 hours a week.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) No statutory health care program existed for members of
        the uniformed services who entered service prior to June 7,
        1956, and retired after serving a minimum of 20 years or by
        reason of a service-connected disability.
            (2) Recruiters for the uniformed services are agents of the
        United States Government and employed recruiting tactics that
        allowed members who entered the uniformed services prior to
        June 7, 1956, to believe they would be entitled to fully-paid
        lifetime health care upon retirement.
            (3) Statutes enacted in 1956 entitled those who entered
        service on or after June 7, 1956, and retired after serving a
        minimum of 20 years or by reason of a service-connected
        disability, to medical and dental care in any facility of the
        uniformed services, subject to the availability of space and
        facilities and the capabilities of the medical and dental
        staff.
            (4) After 4 rounds of base closures between 1988 and 1995
        and further drawdowns of remaining military medical treatment
        facilities, access to ``space available'' health care in a
        military medical treatment facility is virtually nonexistent
        for many military retirees.
            (5) The military health care benefit of ``space available''
        services and medicare is no longer a fair and equitable benefit
        as compared to benefits for other retired Federal employees.
            (6) The failure to provide adequate health care upon
        retirement is preventing the retired members of the uniformed
        services from recommending, without reservation, that young men
        and women make a career of any military service.
            (7) Although provisions enacted in the Floyd D. Spence
        National Defense Authorization Act for Fiscal Year 2001 (Public
        Law 106-398) extended coverage under the TRICARE program to
        medicare eligible military retirees age 65 and older, those
        provisions did not address the health care needs of military
        retirees under the age of 65.
            (8) The United States should establish health care that is
        fully paid by the sponsoring agency under the Federal Employees
        Health Benefits program for members who entered active duty on
        or prior to June 7, 1956, and who subsequently earned
        retirement.
            (9) The United States should reestablish adequate health
        care for all retired members of the uniformed services that is
        at least equivalent to that provided to other retired Federal
        employees by extending to such retired members of the uniformed
        services the option of coverage under the Federal Employees
        Health Benefits program.

SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
              HEALTH BENEFITS PROGRAM.

    (a) Earned Coverage for Certain Retirees and Dependents.--Chapter
89 of title 5, United States Code, is amended--
            (1) in section 8905, by adding at the end the following new
        subsection:
    ``(i) For purposes of this section, the term `employee' includes a
retired member of the uniformed services (as defined in section
101(a)(5) of title 10) who began service before June 7, 1956. A
surviving widow or widower of such a retired member may also enroll in
an approved health benefits plan described by section 8903 or 8903a of
this title as an individual.''; and
            (2) in section 8906(b)--
                    (A) in paragraph (1), by striking ``paragraphs (2)
                and (3)'' and inserting ``paragraphs (2) through (5)'';
                and
                    (B) by adding at the end the following new
                paragraph:
    ``(5) In the case of an employee described in section 8905(i) or
the surviving widow or widower of such an employee, the Government
contribution for health benefits shall be 100 percent, payable by the
department from which the employee retired.''.
    (b) Coverage for Other Retirees and Dependents.--(1) Section 1108
of title 10, United States Code, is amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
              Benefits program
    ``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
    ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is
            ``(A) a member or former member of the uniformed services
        described in section 1074(b) of this title;
            ``(B) an individual who is an unremarried former spouse of
        a member or former member described in section 1072(2)(F) or
        1072(2)(G);
            ``(C) an individual who is--
                    ``(i) a dependent of a deceased member or former
                member described in section 1076(b) or 1076(a)(2)(B) of
                this title or of a member who died while on active duty
                for a period of more than 30 days; and
                    ``(ii) a member of family as defined in section
                8901(5) of title 5; or
            ``(D) an individual who is--
                    ``(i) a dependent of a living member or former
                member described in section 1076(b)(1) of this title;
                and
                    ``(ii) a member of family as defined in section
                8901(5) of title 5.
    ``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
    ``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
    ``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
    ``(5) An eligible beneficiary who is eligible to enroll in the
Federal Employees Health Benefits program as an employee under chapter
89 of title 5 is not eligible to enroll in a Federal Employees Health
Benefits plan under this section.
    ``(6) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
    ``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
    ``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
    ``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.''.
    (2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:

``1108. Health care coverage through Federal Employees Health Benefits
                            program.''.
    (3) The amendments made by this subsection shall take effect on
January 2, 2004.

Output: Keep Our Promise to America's Military Retirees Act - Includes as an employee, for purposes of Federal provisions authorizing enrollment under the Federal Employees Health Benefits (FEHB) Program: (1) a member of the armed forces who began service before June 7, 1956, and retired after a minimum of 20 years of such service or by reason of a service-connected disability; and (2) the surviving widow or widower of such member.Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member.