Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Arabia Mountain National Heritage
Area Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Arabia Mountain area contains a variety of natural,
        cultural, historical, scenic, and recreational resources that
        together represent distinctive aspects of the heritage of the
        United States that are worthy of recognition, conservation,
        interpretation, and continuing use.
            (2) The best methods for managing the resources of the
        Arabia Mountain area would be through partnerships between
        public and private entities that combine diverse resources and
        active communities.
            (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
        park in DeKalb County, Georgia--
                    (A) protects granite outcrop ecosystems, wetland,
                and pine and oak forests; and
                    (B) includes federally-protected plant species.
            (4) Panola Mountain, a national natural landmark, located
        in the 860-acre Panola Mountain State Conservation Park, is a
        rare example of a pristine granite outcrop.
            (5) The archaeological site at Miners Creek Preserve along
        the South River contains documented evidence of early human
        activity.
            (6) The city of Lithonia, Georgia, and related sites of
        Arabia Mountain and Stone Mountain possess sites that display
        the history of granite mining as an industry and culture in
        Georgia, and the impact of that industry on the United States.
            (7) The community of Klondike is eligible for designation
        as a National Historic District.
            (8) The city of Lithonia has 2 structures listed on the
        National Register of Historic Places.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To recognize, preserve, promote, interpret, and make
        available for the benefit of the public the natural, cultural,
        historical, scenic, and recreational resources in the area that
        includes Arabia Mountain, Panola Mountain, Miners Creek, and
        other significant sites and communities.
            (2) To assist the State of Georgia and the counties of
        DeKalb, Rockdale, and Henry in the State in developing and
        implementing an integrated cultural, historical, and land
        resource management program to protect, enhance, and interpret
        the significant resources within the heritage area.

SEC. 3. DEFINITIONS.

     For the purposes of this Act, the following definitions apply:
            (1) Heritage area.--The term ``heritage area'' means the
        Arabia Mountain National Heritage Area established by section
        4.
            (2) Management entity.--The term ``management entity''
        means the Arabia Mountain Heritage Area Alliance or a successor
        of the Arabia Mountain Heritage Area Alliance.
            (3) Management plan.--The term ``management plan'' means
        the management plan for the heritage area developed under
        section 6.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means the State of Georgia.

SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
    (b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``Arabia Mountain National
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
    (c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
    (d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.

SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
            (1) make grants to, and enter into cooperative agreements
        with, the State, political subdivisions of the State, and
        private organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--
            (1) Management plan.--
                    (A) In general.--The management entity shall
                develop and submit to the Secretary the management
                plan.
                    (B) Considerations.--In developing and implementing
                the management plan, the management entity shall
                consider the interests of diverse governmental,
                business, and nonprofit groups within the heritage
                area.
            (2) Priorities.--The management entity shall give priority
        to implementing actions described in the management plan,
        including assisting units of government and nonprofit
        organizations in preserving resources within the heritage area.
            (3) Public meetings.--The management entity shall conduct
        public meetings at least quarterly on the implementation of the
        management plan.
            (4) Annual report.--For any year in which Federal funds
        have been made available under this Act, the management entity
        shall submit to the Secretary an annual report that describes
        the following:
                    (A) The accomplishments of the management entity.
                    (B) The expenses and income of the management
                entity.
            (5) Audit.--The management entity shall--
                    (A) make available to the Secretary for audit all
                records relating to the expenditure of Federal funds
                and any matching funds; and
                    (B) require, with respect to all agreements
                authorizing expenditure of Federal funds by other
                organizations, that the receiving organizations make
                available to the Secretary for audit all records
                concerning the expenditure of those funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use
        Federal funds made available under this Act to acquire real
        property or an interest in real property.
            (2) Other sources.--Nothing in this Act precludes the
        management entity from using Federal funds made available under
        other Federal laws for any purpose for which the funds are
        authorized to be used.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
    (b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
    (c) Consideration of Other Plans and Actions.--The management plan
shall--
            (1) take into consideration State and local plans; and
            (2) involve residents, public agencies, and private
        organizations in the heritage area.
    (d) Requirements.--The management plan shall include the following:
            (1) An inventory of the resources in the heritage area,
        including--
                    (A) a list of property in the heritage area that--
                            (i) relates to the purposes of the heritage
                        area; and
                            (ii) should be preserved, restored,
                        managed, or maintained because of the
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the
                heritage area.
            (2) Provisions for the protection, interpretation, and
        enjoyment of the resources of the heritage area consistent with
        the purposes of this Act.
            (3) An interpretation plan for the heritage area.
            (4) A program for implementation of the management plan
        that includes--
                    (A) actions to be carried out by units of
                government, private organizations, and public-private
                partnerships to protect the resources of the heritage
                area; and
                    (B) the identification of existing and potential
                sources of funding for implementing the plan.
            (5) A description and evaluation of the management entity,
        including the membership and organizational structure of the
        management entity.
    (e) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of
        the enactment of this Act, the management entity shall submit
        the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is
        not submitted to the Secretary by the date specified in
        paragraph (1), the Secretary shall not provide any additional
        funding under this Act until such date as a management plan for
        the heritage area is submitted to the Secretary.
    (f) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receiving the
        management plan submitted under subsection (e), the Secretary,
        in consultation with the State, shall approve or disapprove the
        management plan.
            (2) Action following disapproval.--
                    (A) Revision.--If the Secretary disapproves a
                management plan submitted under paragraph (1), the
                Secretary shall--
                            (i) advise the management entity in writing
                        of the reasons for the disapproval;
                            (ii) make recommendations for revisions to
                        the management plan; and
                            (iii) allow the management entity to submit
                        to the Secretary revisions to the management
                        plan.
                    (B) Deadline for approval of revision.--Not later
                than 90 days after the date on which a revision is
                submitted under subparagraph (A)(iii), the Secretary
                shall approve or disapprove the revision.
    (g) Revision of Management Plan.--
            (1) In general.--After approval by the Secretary of a
        management plan, the management entity shall periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and
                approval by the Secretary, the recommendations of the
                management entity for any revisions to the management
                plan that the management entity considers to be
                appropriate.
            (2) Expenditure of funds.--No funds made available under
        this Act shall be used to implement any revision proposed by
        the management entity under paragraph (1)(B) until the
        Secretary approves the revision.

SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.

    (a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
    (b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
            (1) the conservation of the significant natural, cultural,
        historical, scenic, and recreational resources that support the
        purposes of the heritage area; and
            (2) the provision of educational, interpretive, and
        recreational opportunities that are consistent with the
        resources and associated values of the heritage area.

SEC. 8. EFFECT ON CERTAIN AUTHORITY.

    (a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this Act--
            (1) imposes an occupational, safety, conservation, or
        environmental regulation on the heritage area that is more
        stringent than the regulations that would be applicable to the
        land described in section 4(b) but for the establishment of the
        heritage area by section 4; or
            (2) authorizes a Federal agency to promulgate an
        occupational, safety, conservation, or environmental regulation
        for the heritage area that is more stringent than the
        regulations applicable to the land described in section 4(b) as
        of the date of enactment of this Act, solely as a result of the
        establishment of the heritage area by section 4.
    (b) Land Use Regulation.--Nothing in this Act--
            (1) modifies, enlarges, or diminishes any authority of the
        Federal Government or a State or local government to regulate
        any use of land as provided for by law (including regulations)
        in existence on the date of enactment of this Act; or
            (2) grants powers of zoning or land use to the management
        entity.

SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.

SEC. 10. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be
construed to--
            (1) require any private property owner to allow public
        access (including Federal, State, or local government access)
        to such private property; or
            (2) modify any provision of Federal, State, or local law
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this Act may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
    (b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.

SEC. 12. TERMINATION OF AUTHORITY.

     The authority of the Secretary to make any grant or provide any
assistance under this Act shall terminate on September 30, 2016.

Output:
Arabia Mountain National Heritage Area Act - (Sec. 4) Establishes the Arabia Mountain National Heritage Area in Georgia. Designates the Arabia Mountain Heritage Area Alliance as the Area's management entity.

(Sec. 5) Provides for the Alliance to: (1) make grants to and enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and private organizations; (2) develop and submit to the Secretary a management plan for the Area; and (3) assist units of government and nonprofit organizations in preserving resources within the Area.

Requires the Alliance, for any year in which Federal funds have been made available under this Act, to submit to the Secretary of the Interior annual reports on its accomplishments, expenses, and income.

 Instructs the Alliance to: (1) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (2) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds.

Prohibits the Alliance from using Federal funds made available under this Act to acquire real property or an interest in real property.

 (Sec. 6) Requires the management plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Area. Requires that the plan be based on the preferred concept in the document entitled "Arabia Mountain National Heritage Area Feasibility Study" (February 28, 2001).

Provides that if a management plan is not submitted to the Secretary for approval within three years, the Secretary shall not provide any additional funding under this Act until such a plan is submitted to the Secretary.

Directs the Secretary to approve or disapprove the management plan, and if the plan is disapproved, to make recommendations for revisions to such plan and to allow the Alliance to submit revisions to that plan. Requires the Alliance to periodically review the plan and to submit for review and approval its recommendations for any revisions that it considers to be appropriate. Prohibits the use of any funds made available under this Act to implement any revision proposed by the Alliance until such revision is approved by the Secretary.

(Sec. 7) Authorizes the Secretary to provide financial and technical assistance to the Area to develop and implement the plan, upon request by the Alliance.

(Sec. 8) Prohibits anything in this Act from: (1) imposing an occupational, safety, conservation, or environmental regulation on the Area that is more stringent than the regulations that would be applicable to the Area, but for the Area's establishment; or (2) authorizing a Federal agency to promulgate such a regulation for the Area that is more stringent than the regulations applicable to the Area solely as a result of the Area's establishment.

Prohibits anything in this Act: (1) modifying, enlarging, or diminishing any existing authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations); or (2) granting zoning or land use powers to the Alliance.

(Sec. 9) Prohibits the preservation, conservation, or promotion of any privately owned property by the management plan until the owner has been notified in writing by the Alliance and has given written consent. Allows owners of private property included within the boundary of the Area to request that their property be immediately removed.

(Sec. 10) Prohibits anything in this Act from being construed to: (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property or modify any provision of Federal, State, or local law with regard to public access to or use of private property; (2) modify the authority of Federal, State, or local governments to regulate land use; and (3) require the owner of any private property located within the Area's boundaries to participate in or be associated with the Area.

Declares that the boundaries designated for the Area represent the area within which Federal funds appropriated for this Act may be expended and that the establishment of the Area and its boundaries shall not be construed to provide any nonexistent regulatory authority on land use within the Area or its viewshed by the Secretary, the National Park Service, or the Alliance.

(Sec. 11) Authorizes appropriations. Limits the Federal share of the cost of projects or activities carried out using funds made available under this Act to 50 percent.

(Sec. 12) Terminates grants or assistance for the Area on September 30, 2016.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atchafalaya National Heritage Area
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Atchafalaya National Heritage Area established by section 3(a).
            (2) Local coordinating entity.--The term ``local
        coordinating entity'' means the local coordinating entity for
        the Heritage Area designated by section 3(c).
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area developed under
        section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means the State of
        Louisiana.

SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of the whole of
the following parishes in the State: St. Mary, Iberia, St. Martin, St.
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne,
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
    (c) Local Coordinating Entity.--
            (1) In general.--The Atchafalaya Trace Commission shall be
        the local coordinating entity for the Heritage Area.
            (2) Composition.--The local coordinating entity shall be
        composed of 13 members appointed by the governing authority of
        each parish within the Heritage Area.

SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Authorities.--For the purposes of developing and implementing
the management plan and otherwise carrying out this Act, the local
coordinating entity may--
            (1) make grants to, and enter into cooperative agreements
        with, the State, units of local government, and private
        organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The local coordinating entity shall--
            (1) submit to the Secretary for approval a management plan;
            (2) implement the management plan, including providing
        assistance to units of government and others in--
                    (A) carrying out programs that recognize important
                resource values within the Heritage Area;
                    (B) encouraging sustainable economic development
                within the Heritage Area;
                    (C) establishing and maintaining interpretive sites
                within the Heritage Area; and
                    (D) increasing public awareness of, and
                appreciation for the natural, historic, and cultural
                resources of, the Heritage Area;
            (3) adopt bylaws governing the conduct of the local
        coordinating entity; and
            (4) for any year for which Federal funds are received under
        this Act, submit to the Secretary a report that describes, for
        the year--
                    (A) the accomplishments of the local coordinating
                entity; and
                    (B) the expenses and income of the local
                coordinating entity.
    (c) Acquisition of Real Property.--The local coordinating entity
shall not use Federal funds received under this Act to acquire real
property or an interest in real property.
    (d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to protect, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area.
    (b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
            (1) take into consideration State and local plans; and
            (2) invite the participation of residents, public agencies,
        and private organizations in the Heritage Area.
    (c) Contents.--The management plan shall include--
            (1) an inventory of the resources in the Heritage Area,
        including--
                    (A) a list of property in the Heritage Area that--
                            (i) relates to the purposes of the Heritage
                        Area; and
                            (ii) should be preserved, restored,
                        managed, or maintained because of the
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the
                Heritage Area;
            (2) provisions for the protection, interpretation, and
        enjoyment of the resources of the Heritage Area consistent with
        this Act;
            (3) an interpretation plan for the Heritage Area; and
            (4) a program for implementation of the management plan
        that includes--
                    (A) actions to be carried out by units of
                government, private organizations, and public-private
                partnerships to protect the resources of the Heritage
                Area; and
                    (B) the identification of existing and potential
                sources of funding for implementing the plan.
    (d) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of
        enactment of this Act, the local coordinating entity shall
        submit the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is
        not submitted to the Secretary by the date specified in
        paragraph (1), the Secretary shall not provide any additional
        funding under this Act until a management plan for the Heritage
        Area is submitted to the Secretary.
    (e) Approval.--
            (1) In general.--Not later than 90 days after receiving the
        management plan submitted under subsection (d)(1), the
        Secretary, in consultation with the State, shall approve or
        disapprove the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a
                management plan under paragraph (1), the Secretary
                shall--
                            (i) advise the local coordinating entity in
                        writing of the reasons for the disapproval;
                            (ii) make recommendations for revisions to
                        the management plan; and
                            (iii) allow the local coordinating entity
                        to submit to the Secretary revisions to the
                        management plan.
                    (B) Deadline for approval of revision.--Not later
                than 90 days after the date on which a revision is
                submitted under subparagraph (A)(iii), the Secretary
                shall approve or disapprove the revision.
    (f) Revision.--
            (1) In general.--After approval by the Secretary of a
        management plan, the local coordinating entity shall
        periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and
                approval by the Secretary, the recommendations of the
                local coordinating entity for any revisions to the
                management plan that the local coordinating entity
                considers to be appropriate.
            (2) Expenditure of funds.--No funds made available under
        this Act shall be used to implement any revision proposed by
        the local coordinating entity under paragraph (1)(B) until the
        Secretary approves the revision.

SEC. 6. EFFECT OF ACT.

    Nothing in this Act or in establishment of the Heritage Area--
            (1) grants any Federal agency regulatory authority over any
        interest in the Heritage Area, unless cooperatively agreed on
        by all involved parties;
            (2) modifies, enlarges, or diminishes any authority of the
        Federal Government or a State or local government to regulate
        any use of land as provided for by law (including regulations)
        in existence on the date of enactment of this Act;
            (3) grants any power of zoning or land use to the local
        coordinating entity;
            (4) imposes any environmental, occupational, safety, or
        other rule, standard, or permitting process that is different
        from those in effect on the date of enactment of this Act that
        would be applicable had the Heritage Area not been established;
            (5)(A) imposes any change in Federal environmental quality
        standards; or
            (B) authorizes designation of any portion of the Heritage
        Area that is subject to part C of title I of the Clean Air Act
        (42 U.S.C. 7470 et seq.) as class 1 for the purposes of that
        part solely by reason of the establishment of the Heritage
        Area;
            (6) authorizes any Federal or State agency to impose more
        restrictive water use designations, or water quality standards
        on uses of or discharges to, waters of the United States or
        waters of the State within or adjacent to the Heritage Area
        solely by reason of the establishment of the Heritage Area;
            (7) abridges, restricts, or alters any applicable rule,
        standard, or review procedure for permitting of facilities
        within or adjacent to the Heritage Area; or
            (8) affects the continuing use and operation, where located
        on the date of enactment of this Act, of any public utility or
        common carrier.

SEC. 7. REPORTS.

    For any year in which Federal funds have been made available under
this Act, the local coordinating entity shall submit to the Secretary a
report that describes--
            (1) the accomplishments of the local coordinating entity;
        and
            (2) the expenses and income of the local coordinating
        entity.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.

SEC. 9. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance to the local
coordinating entity under this Act terminates on the date that is 15
years after the date of enactment of this Act.

            Passed the Senate September 15, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output:
Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana.

Designates the Atchafalaya Trace Commission as the local coordinating entity of such Area which shall develop and implement an Area management plan for the protection, interpretation, and enjoyment of such Area, subject to the Secretary of the Interior's approval.

Prohibits the use of Federal funds to acquire real property.

Authorizes appropriations. Limits Federal cost sharing to 50 percent. Terminates the Secretary's authority to provide assistance to the Commission 15 years after the enactment of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Access to Medication and
Improving Health Savings Act of 2016''.

          TITLE I--RESTORING ACCESS TO MEDICATION ACT OF 2016

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Restoring Access to Medication Act
of 2016''.

SEC. 102. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
              DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS.

    (a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of
1986 is amended by striking the last sentence.
    (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
striking the last sentence.
    (c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f).
    (d) Effective Date.--The amendments made by this section shall
apply to expenses incurred after December 31, 2016.

               TITLE II--HEALTH CARE SECURITY ACT OF 2016

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Health Care Security Act of
2016''.

SEC. 202. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
              HEALTH SAVINGS ACCOUNT.

    (a) In General.--Section 223(b)(5) of the Internal Revenue Code of
1986 is amended to read as follows:
            ``(5) Special rule for married individuals with family
        coverage.--
                    ``(A) In general.--In the case of individuals who
                are married to each other, if both spouses are eligible
                individuals and either spouse has family coverage under
                a high deductible health plan as of the first day of
                any month--
                            ``(i) the limitation under paragraph (1)
                        shall be applied by not taking into account any
                        other high deductible health plan coverage of
                        either spouse (and if such spouses both have
                        family coverage under separate high deductible
                        health plans, only one such coverage shall be
                        taken into account),
                            ``(ii) such limitation (after application
                        of clause (i)) shall be reduced by the
                        aggregate amount paid to Archer MSAs of such
                        spouses for the taxable year, and
                            ``(iii) such limitation (after application
                        of clauses (i) and (ii)) shall be divided
                        equally between such spouses unless they agree
                        on a different division.
                    ``(B) Treatment of additional contribution
                amounts.--If both spouses referred to in subparagraph
                (A) have attained age 55 before the close of the
                taxable year, the limitation referred to in
                subparagraph (A)(iii) which is subject to division
                between the spouses shall include the additional
                contribution amounts determined under paragraph (3) for
                both spouses. In any other case, any additional
                contribution amount determined under paragraph (3)
                shall not be taken into account under subparagraph
                (A)(iii) and shall not be subject to division between
                the spouses.''.
    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.

SEC. 203. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
              ESTABLISHMENT OF HEALTH SAVINGS ACCOUNT.

    (a) In General.--Section 223(d)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
                    ``(D) Treatment of certain medical expenses
                incurred before establishment of account.--If a health
                savings account is established during the 60-day period
                beginning on the date that coverage of the account
                beneficiary under a high deductible health plan begins,
                then, solely for purposes of determining whether an
                amount paid is used for a qualified medical expense,
                such account shall be treated as having been
                established on the date that such coverage begins.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to coverage beginning after December 31, 2016.

SEC. 204. MAXIMUM CONTRIBUTION LIMIT TO HEALTH SAVINGS ACCOUNT
              INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET
              LIMITATION.

    (a) Self-Only Coverage.--Section 223(b)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``$2,250'' and inserting
``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
    (b) Family Coverage.--Section 223(b)(2)(B) of such Code is amended
by striking ``$4,500'' and inserting ``the amount in effect under
subsection (c)(2)(A)(ii)(II)''.
    (c) Conforming Amendments.--Section 223(g)(1) of such Code is
amended--
            (1) by striking ``subsections (b)(2) and'' both places it
        appears and inserting ``subsection'', and
            (2) by striking ``determined by'' in subparagraph (B)
        thereof and all that follows through ```calendar year 2003'.''
        and inserting ``determined by substituting `calendar year 2003'
        for `calendar year 1992' in subparagraph (B) thereof .''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.

   TITLE III--PROTECTING TAXPAYERS BY RECOVERING IMPROPER OBAMACARE
                        SUBSIDY OVERPAYMENTS ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Protecting Taxpayers by Recovering
Improper Obamacare Subsidy Overpayments Act''.

SEC. 302. RECOVERY OF IMPROPER OVERPAYMENTS RESULTING FROM CERTAIN
              FEDERALLY SUBSIDIZED HEALTH INSURANCE.

    (a) In General.--Section 36B(f)(2)(B)(i) of the Internal Revenue
Code of 1986 is amended to read as follows:
                            ``(i) In general.--In the case of a
                        taxpayer whose household income is less than
                        300 percent of the poverty line for the size of
                        the family involved for the taxable year, the
                        amount of the increase under subparagraph (A)
                        shall in no event exceed the applicable dollar
                        amount determined in accordance with the
                        following table (one-half of such amount in the
                        case of a taxpayer whose tax is determined
                        under section 1(c) for the taxable year):

----------------------------------------------------------------------------------------------------------------
  ``If the household income (expressed as a
         percent of poverty line) is:                           The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 200%...............................  $600
At least 200% but less than 250%.............  $1,500
At least 250% but less than 300%.............  $3,000.''.
----------------------------------------------------------------------------------------------------------------

    (b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.

            Passed the House of Representatives July 6, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Restoring Access to Medication and Improving Health Savings Act of 2016  This bill amends the Internal Revenue Code to modify the rules that apply to health savings accounts (HSAs) and overpayments of subsidies under the Patient Protection and Affordable Care Act.  Restoring Access to Medication Act of 2016  The bill repeals provisions of the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that limit payments for medications from HSAs, medical savings accounts, and health flexible spending arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs).  Health Care Security Act of 2016  The bill modifies the rules for HSAs with respect to catch-up contributions for married couples, medical expenses incurred before an HSA is established, and contribution limits.  If both spouses of a married couple have family coverage under a high deductible health plan, each spouse may make catch-up contributions to the same HSA. (Catch-up contributions are additional contributions which individuals who are at least 55 years of age may make to an HSA.)  If an HSA is established within 60 days of the beginning of coverage under a high deductible health plan, any distribution from the HSA used to pay a qualified medical expense incurred during that 60-day period after the health coverage began is excludible from gross income. (Under current law, the medical expense must be incurred on or after the date that the HSA is established.)  The bill increases the maximum contribution limits for HSAs to equal the maximum for the sum of the annual deductible and out-of-pocket expenses that may be required to be paid for covered benefits under a high deductible health plan.  Protecting Taxpayers by Recovering Improper Obamacare Subsidy Overpayments Act  The bill eliminates the limitation on the increase in tax imposed upon certain low-income families for advance payments of the tax credit for health insurance premium assistance that exceed the allowable amount of such credit.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Medical Care for Troops and
Retirees Act''.

SEC. 2. MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES AND
              DEPENDENTS.

    (a) Future Repeal of Limitation on Number of Sites.--Effective
January 1, 2001, paragraph (2) of section 1896(b) of section 1896 of
the Social Security Act (42 U.S.C. 1395ggg) is amended to read as
follows:
    ``(2) Location of Sites.--The program shall be conducted in any
site designated jointly by the administering Secretaries, and shall be
conducted nationwide by January 1, 2006.''.
    (b) Making Project Permanent; Changes in Project References.--
            (1) Elimination of time limitation.--Paragraph (4) of
        section 1896(b) of such Act is repealed.
            (2) Treatment of caps.--Subsection (i)(4) of section 1896
        of such Act is amended by adding at the end the following:
            ``This paragraph shall not apply after calendar year
        2001.''.
            (3) Conforming changes of references to demonstration
        project.--Section 1896 of such Act is further amended--
                    (A) in the heading, by striking ``demonstration
                project'' and inserting ``program'';
                    (B) by amending subsection (a)(2) to read as
                follows:
    ``(2) Program.--The term `program' means the program carried out
under this section.'';
                    (C) in the heading to subsection (b), by striking
                ``Demonstration Project'' and inserting ``Program'';
                    (D) by striking ``demonstration project'' or
                ``project'' each place either appears and inserting
                ``program'';
                    (E) in subsection (k)(2)--
                            (i) by striking ``extension and expansion
                        of demonstration project'' and inserting
                        ``program''; and
                            (ii) by striking subparagraphs (A) through
                        (C) and inserting the following:
                    ``(A) whether there is a cost to the health care
                program under this title in conducting the program
                under this section; and
                    ``(B) whether the terms and conditions of the
                program should be modified.''.
            (4) Reports.--Subsection (k)(1) of section 1896 is amended
        in the second sentence--
                    (A) by striking ``the demonstration project'' and
                inserting ``the program'';
                    (B) by striking ``, and the'' and all that follows
                through ``date'';
                    (C) by redesignating subparagraph (O) as
                subparagraph (P); and
                    (D) by inserting after subparagraph (N) the
                following new subparagraph:
                    ``(O) Patient satisfaction with the program.''.
            (5) Additional conforming amendments.--Section 1896(b) of
        such Act is further amended--
                    (A) by redesignating paragraph (5) as paragraph
                (4); and
                    (B) by striking ``At least 60 days'' and all that
                follows through ``agreement'' and inserting ``The
                administering Secretaries shall submit on an annual
                basis the most current agreement''.
            (6) Continuation of provision of care.--Section 1896(b) of
        such Act is further amended by adding at the end the following
        new paragraph:
            ``(6) Continuation of provision of care.--With respect to
        any individual who receives health care benefits under this
        section before the date of the enactment of this paragraph, the
        administering Secretaries shall not terminate such benefits
        unless the individual ceases to fall within the definition of
        the term `medicare-eligible military retiree or dependent' (as
        defined in subsection (a)).''.
    (c) Payments.--
            (1) Permitting payments on a fee-for-service basis.--
        Section 1896 of the Social Security Act is further amended by
        adding at the end the following new subsection:
    ``(l) Payment on a Fee-for-Service Basis.--Instead of the payment
method described in subsection (i)(1) and in the case of individuals
who are not enrolled in the program in the manner described in
subsection (d)(1), the Secretary may reimburse the Secretary of Defense
for services provided under the program at a rate that does not exceed
the rate of payment that would otherwise be made under this title for
such services if sections 1814(c) and 1835(d), and paragraphs (2) and
(3) of section 1862(a), did not apply.''.
            (2) Payments to military treatment facilities.--Such
        section is further amended by adding at the end the following
        new subsection:
    ``(m) Payments to Military Treatment Facilities.--The Secretary of
Defense shall reimburse military treatment facilities for the provision
of health care under this section.''.
            (3) Conforming amendments.--Such section is further
        amended--
                    (A) in subsections (b)(1)(B)(v) and
                (b)(1)(B)(viii)(I), by inserting ``or subsection (l)''
                after ``subsection (i)'';
                    (B) in subsection (b)(2), by adding at the end the
                following: ``If feasible, at least one of the sites
                shall be conducted using the fee-for-service
                reimbursement method described in subsection (l).'';
                    (C) in subsection (d)(1)(A), by inserting
                ``(insofar as it provides for the enrollment of
                individuals and payment on the basis described in
                subsection (i))'' before ``shall meet'';
                    (D) in subsection (d)(1)(A), by inserting ``and the
                program (insofar as it provides for payment for
                facility services on the basis described in subsection
                (l)) shall meet all requirements for such facilities
                under this title'' after ``medicare payments'';
                    (E) in subsection (d)(2), by inserting ``, insofar
                as it provides for the enrollment of individuals and
                payment on the basis described in subsection (i),''
                before ``shall comply'';
                    (F) in subsection (g)(1), by inserting ``, insofar
                as it provides for the enrollment of individuals and
                payment on the basis described in subsection (i),''
                before ``the Secretary of Defense'';
                    (G) in subsection (i)(1), by inserting ``and
                subsection (l)'' after ``of this subsection'';
                    (H) in subsection (i)(4), by inserting ``and
                subsection (l)'' after ``under this subsection''; and
                    (I) in subsection (j)(2)(B)(ii), by inserting ``or
                subsection (l)'' after ``subsection (i)(1)''.
            (3) Effective date.--The amendments made by this subsection
        take effect on January 1, 2001, and apply to services furnished
        on or after such date.
    (d) Elimination of Restriction on Eligibility.--Section 1896(b)(1)
of such Act is amended by adding at the end the following new
subparagraph:
                    ``(C) Elimination of restrictive policy.--If the
                enrollment capacity in the program has been reached at
                a particular site designated under paragraph (2) and
                the Secretary therefore limits enrollment at the site
                to medicare-eligible military retirees and dependents
                who are enrolled in TRICARE Prime (as defined for
                purposes of chapter 55 of title 10, United States Code)
                at the site immediately before attaining 65 years of
                age, participation in the program by a retiree or
                dependent at such site shall not be restricted based on
                whether the retiree or dependent has a civilian primary
                care manager instead of a military primary care
                manager.''.
    (e) Medigap Protection for Enrollees.--Section 1896 of such Act is
further amended by adding at the end the following new subsection:
    ``(m) Medigap Protection for Enrollees.--(1) Subject to paragraph
(2), the provisions of section 1882(s)(3) (other than clauses (i)
through (iv) of subparagraph (B)) and 1882(s)(4) of the Social Security
Act shall apply to any enrollment (and termination of enrollment) in
the program (for which payment is made on the basis described in
subsection (i)) in the same manner as they apply to enrollment (and
termination of enrollment) with a Medicare+Choice organization in a
Medicare+Choice plan.
    ``(2) In applying paragraph (1)--
            ``(A) in the case of enrollments occurring before January
        1, 2001, any reference in clause (v) or (vi) of section
        1882(s)(3)(B) of such Act to 12 months is deemed a reference to
        the period ending on December 31, 2001; and
            ``(B) the notification required under section 1882(s)(3)(D)
        of such Act shall be provided in a manner specified by the
        Secretary of Defense in consultation with the Director of the
        Office of Personnel Management.''.
    (f) Reimbursement Rates.--Section 1896 of such Act is further
amended in subsection (i)(1) by striking ``95 percent of''.

SEC. 3. EXTENSION OF FEHBP DEMONSTRATION PROGRAM.

    Section 1108 of title 10, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following
        new paragraph:
    ``(6) With respect to any individual who enrolls in the program
under this section and does not elect to discontinue enrollment, the
Secretary shall not terminate the enrollment of such individual after
the termination of the demonstration project unless the individual
ceases to meet the requirements described in subsection (b)(1).'';
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``three'' and
                inserting ``four''; and
                    (B) in paragraph (2), by striking ``2002'' and
                inserting ``2003'';
            (3) in subsection (f)(1), by striking ``three'' and
        inserting ``four'';
            (4) in subsections (j)(1) and (k), by striking ``2002'' and
        inserting ``2003''; and
            (5) in subsection (l)(2), by striking ``36 months'' and
        inserting ``48 months''.

SEC. 4. COVERAGE OF FAMILY MEMBERS UNDER SUPPLEMENTAL CARE PROGRAM FOR
              MEMBERS ASSIGNED TO CERTAIN DUTY LOCATIONS FAR FROM
              SOURCES OF CARE.

    Section 731(b) of the National Defense Authorization Act for Fiscal
Year 1998 (Public Law 105-85; 10 U.S.C. 1074 note) is amended by adding
at the end the following new paragraph:
            ``(4) A family member of a member described in subsection
        (c) shall also be eligible to receive the care described in
        subsection (a). For purposes of this subsection, the term
        `family member' shall have the same meaning as the term
        `dependent', as defined for purposes of title 10, United States
        Code.''.

SEC. 5. EXPANSION OF PHARMACY PROGRAM.

    Section 723 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 10 U.S.C. 1073 note) is
amended--
            (1) in subsection (a), by striking ``who reside in an area
        selected under subsection (f)'';
            (2) by amending subsection (f) to read as follows:
    ``(f) Benefits To Be Offered.--The pharmacy benefits provided under
the redesigned system implemented under this section shall be at least
equivalent to the pharmacy benefits provided under section 702 of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 10 U.S.C. 1079 note).''; and
            (3) by adding at the end the following new subsection:
    ``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            ``(1) $455,000,000 for fiscal year 2001; and
            ``(2) $485,000,000 for fiscal year 2002.''.

SEC. 6. IMPROVEMENTS UNDER THE TRICARE PROGRAM.

    (a) Elimination of Copayments Under TRICARE Prime.--(1) Chapter 55
of title 10, United States Code, is amended in section 1095d by adding
at the end the following new subsection:
    ``(c) Termination of Copayments for Certain Covered
Beneficiaries.--The Secretary may not require a member of the uniformed
services on active duty, or the dependent of such a member, to pay a
copayment for health care services received under TRICARE Prime.''.
    (2) The heading of such section is amended to read as follows:
``Sec. 1095d. TRICARE program: waiver of certain deductibles and
              copayments''.
    (3) The item relating to section 1095d in the table of sections at
the beginning of such chapter 55 is amended to read as follows:

``1095d. TRICARE program: waiver of certain deductibles and
                            copayments.''.
    (b) Elimination of Non-Availability Statement Requirement;
Reduction of Catastrophic Cap.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1095e the following new
section:
``Sec. 1095f. TRICARE Program: non-availability statement; catastrophic
              cap
    ``(a) Prohibition on Requirement To Obtain Non-Availability
Statement.--The Secretary shall not require a covered beneficiary to
obtain a non-availability statement in order to receive health care
services under TRICARE Standard.
    ``(b) Reduction of Catastrophic Cap.--The Secretary shall reduce
the catastrostrophic cap for covered beneficiaries under TRICARE
Standard and TRICARE Extra to $3,000.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1095e the
following new item:

``1095f. TRICARE Program: Non-Availability Statement; Catastrophic
                            Cap.''.

SEC. 7. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.

    (a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074g the following new section:
``Sec. 1074h. Reimbursement for certain travel expenses
    ``In any case in which a covered beneficiary is referred by a
primary care physician to a specialty care provider who provides
services more than 100 miles from the location in which the primary
care provider provides services to the member, the Secretary shall
provide reimbursement for reasonable travel expenses for the covered
beneficiary.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1074h. Reimbursement for certain travel expenses.''.

Output: Authorizes appropriations for the redesigned pharmacy system under the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investment Adviser Oversight Act of
1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the activities of investment advisers are of continuing
        national concern;
            (2) increased supervision of investment advisers by the
        Securities and Exchange Commission (hereafter in this Act
        referred to as the ``Commission'') is necessary to protect
        investors from fraud and other illegal conduct;
            (3) additional resources are necessary to recover the
        Commission's costs of an enhanced program for the oversight of
        investment advisers and their activities, including the costs
        of registration and inspections; and
            (4) because the direct beneficiaries of these activities
        are investment advisers, it is appropriate for investment
        advisers to pay fees for such activities.

SEC. 3. REGISTERED INVESTMENT ADVISER FEES.

    (a) In General.--The Investment Advisers Act of 1940 (15 U.S.C.
80b-1 et seq.) is amended by inserting after section 203 the following
new section:

``SEC. 203A. FEES FOR REGISTRANTS AND APPLICANTS.

    ``(a) In General.--The Commission is authorized, in accordance with
this section, to collect fees to recover the costs of enhanced efforts
to register all persons required to be registered under this title and
enhanced supervision and regulation of investment advisers and their
activities. Such fees shall be collected and shall be made available
only to the extent provided in advance in appropriations Acts. Such
fees shall be deposited as an offsetting collection to the Commission's
appropriation and shall remain available until expended. The costs
covered by such fees shall be the costs of Commission expenses for the
registration and inspection of investment advisers and related
activities.
    ``(b) Time for Payment.--
            ``(1) Applicants.--At the time of filing an application for
        registration under this title, the applicant shall pay to the
        Commission the fee directed in advance in appropriations Acts
        to be collected as specified in subsection (c). No part of such
        fee shall be refunded to the applicant. The filing of an
        application for registration under this title shall not be
        deemed to have occurred unless the application is accompanied
        by the fee required under this section.
            ``(2) Investment advisers.--Each investment adviser whose
        registration is effective on the last day of its fiscal year
        shall pay such fee to the Commission not later than 90 days
        after the end of its fiscal year, or at such other time as the
        Commission, by rule, shall determine, unless its registration
        has been withdrawn, canceled, or revoked prior to that date. No
        part of such fee shall be refunded to the investment adviser.
    ``(c) Schedule of Fees.--The amount of fees due from investment
advisers in accordance with paragraphs (1) and (2) of subsection (b)
shall be determined according to the following schedule:

``Assets under management                                      Fee due:
    Less than $10,000,000.........................                 $300
    $10,000,000 or more, but less than $25,000,000                 $500
    $25,000,000 or more, but less than $50,000,000               $1,000
    $50,000,000 or more, but less than                           $2,500
        $100,000,000.
    $100,000,000 or more, but less than                          $4,000
        $250,000,000.
    $250,000,000 or more, but less than                          $5,000
        $500,000,000.
    $500,000,000 or more..........................              $7,000.
    ``(d) Suspension for Failure To Pay.--The Commission, by order, may
suspend the registration of any investment adviser if it finds (after
notice) that such investment adviser has failed to pay when due any fee
required by this section. The Commission shall reinstate such
registration upon payment of the fee (and any penalties due), if such
suspension was based solely on the failure to pay the fee.
    ``(e) Rulemaking.--The Commission may adopt such rules and
regulations as are necessary to carry out this section.''.
    (b) Effective Date.--This section (and the amendment made by this
section) shall become effective upon the adoption by the Commission of
implementing rules and regulations, under section 203A(e) of the
Investment Advisers Act of 1940, as added by subsection (a).

SEC. 4. FACILITIES FOR FILING RECORDS AND REPORTS.

    Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
4) is amended--
            (1) by inserting ``(a)'' after ``Sec. 204.''; and
            (2) by adding at the end the following:
    ``(b) The Commission, by rule, may require any investment adviser--
            ``(1) to file with the Commission any fee, application,
        report, or notice required by this title or by the rules issued
        under this title through any person designated by the
        Commission for that purpose; and
            ``(2) to pay the reasonable costs associated with such
        filing.''.

SEC. 5. BOND REQUIREMENT.

    (a) In General.--Section 208 of the Investment Advisers Act of 1940
(15 U.S.C. 80b-8) is amended by adding at the end the following:
    ``(e)(1) The Commission may require, by rules and regulations for
the protection of investors, any investment adviser registered under
section 203 that--
            ``(A) is authorized to exercise investment discretion, as
        defined in section 3(a)(35) of the Securities Exchange Act of
        1934, with respect to an account;
            ``(B) has access to the securities or funds of a client; or
            ``(C) is an investment adviser of an investment company, as
        defined in section 2(a)(20) of the Investment Company Act of
        1940,
to obtain a bond from a reputable fidelity insurance company against
larceny and embezzlement in such reasonable amounts and covering such
officers, partners, directors, and employees of the investment adviser
as the Commission may prescribe.
    ``(2) In implementing paragraph (1), the Commission shall
consider--
            ``(A) the degree of risk to client assets that is involved;
            ``(B) the cost and availability of fidelity bonds;
            ``(C) existing fidelity bonding requirements;
            ``(D) any alternative means to protect client assets; and
            ``(E) the results, findings, and conclusions of the study
        required by paragraph (3).
    ``(3) Before implementing paragraph (1), the Commission shall study
(and shall make such study and its conclusions and findings available
to the public)--
            ``(A) the availability of fidelity bonds, both for large-
        scale and small-scale investment advisers, and also for
        investment advisers not located in urban areas; and
            ``(B) the impact of the provisions of paragraph (1) on the
        competitive position of small-scale investment advisers.
    ``(4) The Commission shall not require investment advisers to
obtain a fidelity bond if--
            ``(A) fidelity bonds are not readily or reasonably
        available in the urban or rural areas in which such investment
        advisers are located; or
            ``(B) the cost of obtaining a fidelity bond would have a
        substantial adverse impact on such investment advisers'
        competitive positions.''.

            Passed the Senate November 20 (legislative day, November
      2), 1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

Output:
Investment Advisers Amendments of 1994 - Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to collect fees to cover specified costs of regulating investment advisers and their activities.  Sets forth a sliding scale fee schedule.  Authorizes the SEC to suspend the registration of any investment adviser for failure to pay the requisite fees.
Directs the SEC to report to the Congress on certain surveys regarding the failure of persons to register as mandated.
Authorizes the SEC to designate registered self-regulatory organizations to:  (1) conduct periodic compliance examinations of members and their affiliates; (2) discipline them for non-compliance; and (3) collect examination fees. Places limitations upon such designation authority with respect to affiliates of members (especially those whose primary business is investment advisory activities), and savings association affiliates of members.
Requires the SEC to:  (1) examine the nature of potential conflicts of interest with an adviser's fiduciary obligations when the adviser is compensated for the sale of investment products; and (2) prescribe rules for the disclosure of such conflicts of interest.
Empowers the SEC to:  (1) require any investment adviser to file requisite fees or reports with the SEC; and (2) designate an entity to operate a readily accessible electronic facility to process inquiries regarding disciplinary proceedings involving investment advisers and their associates.
Directs the SEC to include in certain annual reports status updates on:  (1) proposed revisions of investment adviser registration; (2) consultations with State authorities regarding collection and dissemination of registration information; and (3) implementation of information systems.  Requires such updates to include an analysis of how registration revisions will provide investment clients with timely and effective disclosure of investment adviser conflicts of interest and/or previous convictions.
Authorizes the Commission to require registered advisers to be bonded against larceny and embezzlement.  Directs the Commission to study:  (1) the availability of fidelity bonds for large and small-scale investment advisers and advisers located in non-urban areas; and (2) the impact of this Act's bonding requirements upon the competitive position of small-scale investment advisers.
Directs the Commission to exempt investment advisers from such bonding requirements if:  (1) the bonds are not reasonable or readily available in their locality; or (2) the cost of obtaining the bonds would have a substantial adverse impact upon an adviser's competitive position.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Relief Act of 2004''.

SEC. 2. FIRST $2,000 OF HEALTH INSURANCE PREMIUMS FULLY DEDUCTIBLE.

    (a) In General.--Subsection (a) of section 213 of the Internal
Revenue Code of 1986 (relating to medical, dental, etc., expenses) is
amended to read as follows:
    ``(a) Allowance of Deduction.--There shall be allowed as a
deduction the following amounts not compensated for by insurance or
otherwise--
            ``(1) the amount by which the amount of expenses paid
        during the taxable year (reduced by the amount deductible under
        paragraph (2)) for medical care of the taxpayer, the taxpayer's
        spouse, and the taxpayer's dependents (as defined in section
        152) exceeds 7.5 percent of adjusted gross income, plus
            ``(2) so much of the expenses paid during the taxable year
        for insurance which constitutes medical care under subsection
        (d)(1)(D) (other than for a qualified long-term care insurance
        contract) for such taxpayer, spouse, and dependents as does not
        exceed $2,000.''.
    (b) Deduction Allowed Whether or not Taxpayer Itemizes Deduction.--
Section 62(a) of the Internal Revenue Code of 1986 (defining adjusted
gross income) is amended by inserting after paragraph (18) the
following new paragraph:
            ``(19) Health insurance premiums.--The deduction allowed by
        section 213(a)(2).''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

SEC. 3. CREDIT FOR HEALTH INSURANCE EXPENSES OF SMALL BUSINESSES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:

``SEC. 45G. SMALL BUSINESS HEALTH INSURANCE EXPENSES.

    ``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the health insurance credit determined under this
section for the taxable year is an amount equal to the applicable
percentage of the expenses paid by the taxpayer during the taxable year
for health insurance coverage for such year provided under a new health
plan for employees of such employer.
    ``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
            ``(1) in the case of insurance purchased as a member of a
        health benefit purchasing coalition (as defined in regulations
        prescribed by the Secretary), 40 percent, and
            ``(2) in the case of insurance not described in paragraph
        (1), 30 percent.
    ``(c) Limitations.--
            ``(1) Per employee dollar limitation.--The amount of
        expenses taken into account under subsection (a) with respect
        to any employee for any taxable year shall not exceed--
                    ``(A) in the case of insurance purchased as a
                member of a coalition referred to in subsection
                (b)(1)--
                            ``(i) $800 in the case of self-only
                        coverage, and
                            ``(ii) $2,000 in the case of family
                        coverage, and
                    ``(B) in any other case--
                            ``(i) $600 in the case of self-only
                        coverage, and
                            ``(ii) $1,500 in the case of family
                        coverage.
        In the case of an employee who is covered by a new health plan
        of the employer for only a portion of such taxable year, the
        limitation under the preceding sentence shall be an amount
        which bears the same ratio to such limitation (determined
        without regard to this sentence) as such portion bears to the
        entire taxable year.
            ``(2) Period of coverage.--Expenses may be taken into
        account under subsection (a) only with respect to coverage for
        the 4-year period beginning on the date the employer
        establishes a new health plan.
            ``(3) Employer must bear 65 percent of cost.--Expenses may
        be taken into account under subsection (a) only if at least 65
        percent of the cost of the coverage (without regard to this
        section) is borne by the employer.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Health insurance coverage.--The term `health
        insurance coverage' has the meaning given such term by section
        9832(b)(1).
            ``(2) New health plan.--
                    ``(A) In general.--The term `new health plan' means
                any arrangement of the employer which provides health
                insurance coverage to employees if--
                            ``(i) such employer (and any predecessor
                        employer) did not establish or maintain such
                        arrangement (or any similar arrangement) at any
                        time during the 2 taxable years ending prior to
                        the taxable year in which the credit under this
                        section is first allowed, and
                            ``(ii) such arrangement provides health
                        insurance coverage to at least 70 percent of
                        the qualified employees of such employer.
                    ``(B) Qualified employee.--
                            ``(i) In general.--The term `qualified
                        employee' means any employee of an employer and
                        shall include a leased employee within the
                        meaning of section 414(n).
            ``(3) Small employer.--The term `small employer' has the
        meaning given to such term by section 4980D(d)(2); except
        that--
                    ``(A) only qualified employees shall be taken into
                account, and
                    ``(B) such section shall be applied by substituting
                `100 employees' for `50 employees'.
    ``(e) Special Rules.--
            ``(1) Certain rules made applicable.--For purposes of this
        section, rules similar to the rules of section 52 shall apply.
            ``(2) Amounts paid under salary reduction arrangements.--No
        amount paid or incurred pursuant to a salary reduction
        arrangement shall be taken into account under subsection (a).
            ``(3) Inflation adjustment.--In the case of any taxable
        year beginning in a calendar year after 2004, each dollar
        amount contained in subsections (c)(1) and (d)(2)(B) shall be
        increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins, determined by substituting
                `calendar year 2003' for `calendar year 1992' in
                subparagraph (B) thereof.
        Any increase determined under the preceding sentence shall be
        rounded to the nearest multiple of $50.
    ``(f) Termination.--This section shall not apply to expenses paid
or incurred by an employer with respect to any arrangement established
on or after January 1, 2010.''.
    (b) Credit to Be Part of General Business Credit.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (13), by striking the period
at the end of paragraph (14) and inserting ``, plus'', and by adding at
the end the following:
            ``(15) in the case of a small employer (as defined in
        section 45G(d)(3)), the health insurance credit determined
        under section 45G(a).''.
    (c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
            ``(11) No carryback of section 45g credit before effective
        date.--No portion of the unused business credit for any taxable
        year which is attributable to the employee health insurance
        expenses credit determined under section 45G may be carried
        back to a taxable year beginning before January 1, 2004.''.
    (d) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
    ``(d) Credit for Small Business Health Insurance Expenses.--
            ``(1) In general.--No deduction shall be allowed for that
        portion of the expenses (otherwise allowable as a deduction)
        taken into account in determining the credit under section 45G
        for the taxable year which is equal to the amount of the credit
        determined for such taxable year under section 45G(a).
            ``(2) Controlled groups.--Persons treated as a single
        employer under subsection (a) or (b) of section 52 shall be
        treated as 1 person for purposes of this section.''.
    (e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:

``Sec. 45G. Small business health insurance expenses.''.
    (f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2003, for arrangements established after the date of the
enactment of this Act.

SEC. 4. REFUNDABLE HEALTH INSURANCE COSTS CREDIT.

    (a) Allowance of Credit.--
            (1) In general.--Subpart C of part IV of subchapter A of
        chapter 1 of the Internal Revenue Code of 1986 (relating to
        refundable personal credits) is amended by redesignating
        section 36 as section 37 and by inserting after section 35 the
        following new section:

``SEC. 36. HEALTH INSURANCE COSTS FOR UNINSURED INDIVIDUALS.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the amount paid by the taxpayer
during such taxable year for qualified health insurance for the
taxpayer and the taxpayer's spouse and dependents.
    ``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $500.
    ``(c) Qualified Health Insurance.--For purposes of this section,
the term `qualified health insurance' means health insurance coverage
(as defined in section 9832(b)(1)).
    ``(d) Special Rules.--
            ``(1) Coordination with medical expense deduction.--The
        amount which would (but for this paragraph) be taken into
        account by the taxpayer under section 213 for the taxable year
        shall be reduced by the credit (if any) allowed by this section
        to the taxpayer for such year.
            ``(2) Coordination with deduction for health insurance
        costs of self-employed individuals.--In the case of a taxpayer
        who is eligible to deduct any amount under section 162(l) for
        the taxable year, this section shall apply only if the taxpayer
        elects not to claim any amount as a deduction under such
        section for such year.
            ``(3) Coordination with deduction for archer msas and
        hsas.--In the case of a taxpayer who is eligible to deduct any
        amount under section 220 or 223 for the taxable year, this
        section shall apply only if the taxpayer elects not to claim
        any amount as a deduction under such section for such year.
            ``(4) Denial of credit to dependents.--No credit shall be
        allowed under this section to any individual with respect to
        whom a deduction under section 151 is allowable to another
        taxpayer for a taxable year beginning in the calendar year in
        which such individual's taxable year begins.
            ``(5) Coordination with section 35.--If a taxpayer is
        eligible for the credit allowed under this section and section
        35 for any taxable year, the taxpayer shall elect which credit
        is to be allowed.
    ``(e) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
    ``(f) Regulations.--The Secretary may prescribe such regulations as
may be necessary to carry out the purposes of this section.''.
    (b) Conforming Amendments.--
            (1) Section 162(l) of the Internal Revenue Code of 1986 is
        amended by adding at the end the following:
            ``(6) Election to have subsection apply.--No deduction
        shall be allowed under paragraph (1) for a taxable year unless
        the taxpayer elects to have this subsection apply for such
        year.''.
            (2) Section 220(b) of such Code is amended by adding at the
        end the following:
            ``(8) Election to have subsection apply.--No deduction
        shall be allowed under subsection (a) for a taxable year unless
        the taxpayer elects to have this section apply for such
        year.''.
            (3) Section 223(b) of such Code is amended by adding at the
        end the following:
            ``(8) Election to have subsection apply.--No deduction
        shall be allowed under subsection (a) for a taxable year unless
        the taxpayer elects to have this section apply for such
        year.''.
            (4) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``, or
        from section 36 of such Code''.
            (5) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by striking the last item and inserting the
        following:

``Sec. 36. Health insurance costs for uninsured individuals.
``Sec. 37. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.

Output: Health Care Relief Act of 2004 - Amends the Internal Revenue Code to allow: (1) taxpayers, including non-itemizing taxpayers, a tax deduction from gross income for the first $2,000 of their out-of-pocket medical expenses; (2) certain small business employers a business tax credit for amounts paid for employee health insurance coverage; and (3) a refundable tax credit up to $500 for the health insurance costs of a taxpayer and the taxpayer's spouse and dependents.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Security Enhancement Act of
2006''.

                TITLE I--ALIEN SMUGGLER PROSECUTION ACT

SEC. 101. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS.

    (a) Findings.--The Congress finds as follows:
            (1) Recent experience shows that alien smuggling is
        flourishing, is increasingly violent, and is highly profitable.
            (2) Alien smuggling operations also present terrorist and
        criminal organizations with opportunities for smuggling their
        members into the United States practically at will.
            (3) Alien smuggling is a lucrative business. Each year,
        criminal organizations that smuggle or traffic in persons are
        estimated to generate $9,500,000,000 in revenue worldwide.
            (4) Alien smuggling frequently involves dangerous and
        inhumane conditions for smuggled aliens. Migrants are
        frequently abused or exploited, both during their journey and
        upon reaching the United States. Consequently, aliens smuggled
        into the United States are at significant risk of physical
        injury, abuse, and death.
            (5) Notwithstanding that alien smuggling poses a risk to
        the United States as a whole, uniform guidelines for the
        prosecution of smuggling offenses are not employed by the
        various United States attorneys. Understanding that border-area
        United States attorneys face an overwhelming workload, a lack
        of sufficient prosecutions by certain United States attorneys
        has encouraged additional smuggling, and demoralized Border
        Patrol officers charged with enforcing our anti-smuggling laws.
    (b) Sense of Congress.--It is the sense of the Congress that the
Attorney General should adopt, not later than 3 months after the date
of the enactment of this Act, uniform guidelines for the prosecution of
smuggling offenses to be followed by each United States attorney in the
United States.
    (c) Additional Personnel.--In each of the fiscal years 2008 through
2013, the Attorney General shall, subject to the availability of
appropriations, increase by not less than 20 the number of attorneys in
the offices of United States attorneys employed to prosecute cases
under section 274 of the Immigration and Nationality Act (8 U.S.C.
1324), as compared to the previous fiscal year.

                  TITLE II--CRIMINAL ALIEN REMOVAL ACT

SEC. 201. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL
              GROUNDS.

    (a) In General.--Section 238(b) of the Immigration and Nationality
Act (8 U.S.C. 1228(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting
                ``Secretary of Homeland Security in the exercise of
                discretion''; and
                    (B) by striking ``set forth in this subsection or''
                and inserting ``set forth in this subsection, in lieu
                of removal proceedings under'';
            (2) in paragraph (3), by striking ``paragraph (1) until 14
        calendar days'' and inserting ``paragraph (1) or (3) until 7
        calendar days'';
            (3) by striking ``Attorney General'' each place it appears
        in paragraphs (3) and (4) and inserting ``Secretary of Homeland
        Security'';
            (4) in paragraph (5)--
                    (A) by striking ``described in this section'' and
                inserting ``described in paragraph (1) or (2)''; and
                    (B) by striking ``the Attorney General may grant in
                the Attorney General's discretion'' and inserting ``the
                Secretary of Homeland Security or the Attorney General
                may grant, in the discretion of the Secretary or
                Attorney General, in any proceeding'';
            (5) by redesignating paragraphs (3), (4), and (5) as
        paragraphs (4), (5), and (6), respectively; and
            (6) by inserting after paragraph (2) the following new
        paragraph:
            ``(3) The Secretary of Homeland Security in the exercise of
        discretion may determine inadmissibility under section
        212(a)(2) (relating to criminal offenses) and issue an order of
        removal pursuant to the procedures set forth in this
        subsection, in lieu of removal proceedings under section 240,
        with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of
                persecution pursuant to the procedures set forth in
                section 235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of
                inadmissibility or relief from removal.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act but shall not
apply to aliens who are in removal proceedings under section 240 of the
Immigration and Nationality Act as of such date.

            TITLE III--BORDER TUNNEL PREVENTION ACT OF 2006

SEC. 301. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

    (a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Border tunnels and passages
    ``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses the
international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by the Bureau
of Immigration and Customs Enforcement, shall be imprisoned for not
more than 20 years.
    ``(b) Any person who recklessly permits the construction or use of
a tunnel or passage described in subsection (a) on land that the person
owns or controls shall be imprisoned for not more than 10 years.
    ``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in violation of
section 545), controlled substances, weapons of mass destruction
(including biological weapons), or a member of a terrorist organization
(as defined in section 212(a)(3)(B)(vi) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))) shall be subject to twice
the penalty that would have otherwise been imposed had the unlawful
activity not made use of such a tunnel or passage.''.
    (b) Clerical Amendment.--The table of sections for chapter 27 of
title 18, United States Code, is amended by adding at the end the
following:

``Sec. 554. Border tunnels and passages.''.
    (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, United
States Code, is amended by inserting ``554,'' before ``1425,''.

SEC. 302. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate or amend
sentencing guidelines to provide for increased penalties for persons
convicted of offenses described in section 554 of title 18, United
States Code, as added by section 301.
    (b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
            (1) ensure that the sentencing guidelines, policy
        statements, and official commentary reflect the serious nature
        of the offenses described in section 554 of title 18, United
        States Code, and the need for aggressive and appropriate law
        enforcement action to prevent such offenses;
            (2) provide adequate base offense levels for offenses under
        such section;
            (3) account for any aggravating or mitigating circumstances
        that might justify exceptions, including--
                    (A) the use of a tunnel or passage described in
                subsection (a) of such section to facilitate other
                felonies; and
                    (B) the circumstances for which the sentencing
                guidelines currently provide applicable sentencing
                enhancements;
            (4) ensure reasonable consistency with other relevant
        directives, other sentencing guidelines, and statutes;
            (5) make any necessary and conforming changes to the
        sentencing guidelines and policy statements; and
            (6) ensure that the sentencing guidelines adequately meet
        the purposes of sentencing set forth in section 3553(a)(2) of
        title 18, United States Code.

Output:
Border Security Enhancement Act of 2006 - Expresses the sense of Congress that the Attorney General should adopt uniform guidelines for the prosecution of smuggling offenses.

Directs the Attorney General, subject to the availability of appropriations, to increase the number of U.S. attorneys employed to prosecute alien smuggling cases by at least 20 in each of FY2008-FY2013.

Amends the Immigration and Nationality Act to authorize the Secretary of Homeland Security to determine inadmissibility based on criminal grounds under an expedited removal process for an alien who: (1) has not been admitted or paroled; (2) has not been found to have a credible fear of persecution; and (3) is not eligible for a waiver of inadmissibility or relief from removal.

Authorizes the Secretary to execute an order of removal seven days (currently, 14 days) after it's issuance.

Amends the federal criminal code to prohibit the knowing construction or financing of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country.

Imposes a 20-year maximum prison term for such offense. Imposes a 10-year maximum prison term on any person who recklessly permits the construction or use of such a tunnel or passage on land that such person owns or controls.

Doubles penalties for persons who use such a tunnel or passage to unlawfully smuggle an alien, illegal goods, controlled substances, weapons of mass destruction, or members of a terrorist organization.

Subjects to forfeiture any property involved in, or traceable to, the construction or financing of such a tunnel or passage.

Directs the U.S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of criminal offenses related to the construction or financing of such a tunnel or passage.