Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Recycling Equity Act of
1995''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to promote the reuse and recycling of scrap material,
        in furtherance of the goals of waste minimization and natural
        resource conservation, while protecting human health and the
        environment;
            (2) to level the playing field between the use of virgin
        materials and recycled materials; and
            (3) to remove the disincentives and impediments to
        recycling created by potential liability under the
        Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING
              TRANSACTIONS.

    Title I of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding
at the end the following:

``SEC. 127. RECYCLING TRANSACTIONS.

    ``(a) Definitions.--In this section:
            ``(1) Consuming facility.--The term `consuming facility'
        means a facility where recyclable material is handled,
        processed, reclaimed, or otherwise managed by a person other
        than a person who arranges for the recycling of the recyclable
        material.
            ``(2) Recyclable material.--
                    ``(A) In general.--Subject to subparagraph (B), the
                term `recyclable material' means scrap paper, scrap
                plastic, scrap glass, scrap textiles, scrap rubber
                (other than whole tires), scrap metal, or spent lead-
                acid, spent nickel-cadmium, or other spent batteries,
                as well as minor quantities of material incident to or
                adhering to the scrap or spent material as a result of
                the normal and customary use of the material prior to
                the material becoming scrap or spent material.
                    ``(B) PCBs.--The term `recyclable material' does
                not include a material that contains polychlorinated
                biphenyls in excess of--
                            ``(i) 50 parts per million; or
                            ``(ii) any standard promulgated under
                        Federal law after the date of enactment of this
                        section.
            ``(3) Scrap metal.--The term `scrap metal' means 1 or more
        bits or pieces of metal parts (such as a bar, turning, rod,
        sheet, or wire), or 1 or more metal pieces that may be combined
        together with bolts or soldering (such as a radiator, scrap
        automobile, or railroad box car), that, when worn or
        superfluous, can be recycled, except for--
                    ``(A) a material that the Administrator excludes
                from the definition of scrap metal by regulation; and
                    ``(B) a steel shipping container with a capacity of
                not less than 30 and not more than 3,000 liters,
                whether intact or not, that has any hazardous substance
                (but not metal bits or pieces) contained in or adhering
                to the container.
    ``(b) Limitation on Liability.--
            ``(1) In general.--Subject to subsection (c), a person who
        arranges for the recycling of recyclable material shall not be
        liable under paragraph (3) or (4) of section 107(a).
            ``(2) Transactions deemed to be recycling of a recyclable
        material.--For purposes of this section, a transaction
        involving a recyclable material is considered to be arranging
        for recycling of recyclable material if the person arranging
        for the transaction can demonstrate, by a preponderance of the
        evidence, that, at the time of the transaction--
                    ``(A) the recyclable material met a commercial
                specification grade;
                    ``(B) a market existed for the recyclable material;
                    ``(C) a substantial portion of the recyclable
                material was made available for use as a feedstock for
                the manufacture of a new salable product;
                    ``(D) the recyclable material could have been a
                replacement or substitute for a virgin raw material, or
                the product to be made from the recyclable material
                could have been a replacement or substitute for a
                product made, in whole or in part, from a virgin raw
                material;
                    ``(E) in the case of a transaction occurring not
                later than 90 days after the date of enactment of this
                section, the person exercises reasonable care to
                determine that the consuming facility was in compliance
                with any substantive (and not procedural or
                administrative) provision of Federal, State, or local
                environmental law or regulation, and any compliance
                order or decree issued pursuant to the law or
                regulation, applicable to the handling, processing,
                reclamation, storage, or other management activity
                associated with the recyclable material;
                    ``(F) in the case of a transaction involving scrap
                metal--
                            ``(i) in the case of a transaction
                        occurring after the effective date of the
                        issuance of a regulation or standard regarding
                        the storage, transport, management, or other
                        activity associated with the recycling of scrap
                        metal that the Administrator promulgates under
                        the Solid Waste Disposal Act (42 U.S.C. 6901 et
                        seq.) subsequent to the date of enactment of
                        this section, the person acted in compliance
                        with the regulation or standard; and
                            ``(ii) the person did not melt the scrap
                        metal prior to the transaction; and
                    ``(G) in the case of a transaction involving a
                battery--
                            ``(i) the person did not recover the
                        valuable components of the battery;
                            ``(ii) in the case of a transaction
                        involving a lead-acid battery, the person acted
                        in compliance with any applicable Federal
                        environmental regulation or standard regarding
                        the storage, transport, management, or other
                        activity associated with the recycling of a
                        spent lead-acid battery;
                            ``(iii) in the case of a transaction
                        involving a nickel-cadmium battery--
                                    ``(I) a Federal environmental
                                regulation or standard is in effect
                                regarding the storage, transport,
                                management, or other activity
                                associated with the recycling of a
                                spent nickel-cadmium battery; and
                                    ``(II) the person acted in
                                compliance with the regulation or
                                standard; and
                            ``(iv) with respect to a transaction
                        involving a spent battery other than a lead-
                        acid or nickel-cadmium battery--
                                    ``(I) a Federal environmental
                                regulation or standard is in effect
                                regarding the storage, transport,
                                management, or other activity
                                associated with the recycling of the
                                spent battery; and
                                    ``(II) the person acted in
                                compliance with the regulation or
                                standard.
            ``(3) Sweating.--For purposes of paragraph (2)(F)(ii),
        melting of scrap metal does not include the thermal separation
        of 2 or more materials due to differences in the melting points
        of the materials.
            ``(4) Processing of battery by third person.--For purposes
        of paragraph (2)(G)(i), a person who, by contract, arranges or
        pays for processing of a battery by an unrelated third person,
        and receives from the third person materials reclaimed from the
        battery, shall be considered not to have recovered the valuable
        components of the battery.
            ``(5) Reasonable care.--For purposes of paragraph (2)(E),
        reasonable care shall be determined using criteria that
        include--
                    ``(A) the price paid to or received by the person
                in the recycling transaction;
                    ``(B) the ability of the person to detect the
                nature of the operations of the consuming facility
                concerning the handling, processing, reclamation, or
                other management activities associated with the
                recyclable material; and
                    ``(C) the result of any inquiry made to an
                appropriate Federal, State, or local environmental
                agency regarding the past and current compliance of the
                consuming facility with substantive (and not procedural
                or administrative) provisions of Federal, State, and
                local environmental laws and regulations, and any
                compliance order or decree issued pursuant to the laws
and regulations, applicable to the handling, processing, reclamation,
storage, or other management activity associated with the recyclable
material.
    ``(c) Exclusion From Limitation on Liability.--
            ``(1) In general.--Subsection (b) shall not apply if the
        person arranging for recycling of a recyclable material--
                    ``(A) had an objectively reasonable basis to
                believe at the time of the recycling transaction that--
                            ``(i) the recyclable material would not be
                        recycled;
                            ``(ii) the recyclable material would be
                        burned as fuel, or for energy recovery or
                        incineration; or
                            ``(iii) in the case of a transaction
                        occurring not later than 90 days after the date
                        of the enactment of this section, the consuming
                        facility acting not in compliance with a
                        substantive (and not a procedural or
                        administrative) provision of any Federal,
                        State, or local environmental law or
                        regulation, or a compliance order or decree
                        issued pursuant to the law or regulation,
                        applicable to the handling, processing,
                        reclamation, or other management activity
                        associated with the recyclable material;
                    ``(B) added a hazardous substance to the recyclable
                material for purposes other than processing for
                recycling; or
                    ``(C) failed to exercise reasonable care with
                respect to the management or handling of the recyclable
                material.
            ``(2) Reasonable basis for belief.--For purposes of
        paragraph (1)(A), an objectively reasonable basis for belief
        shall be determined using criteria that include--
                    ``(A) the size of any business owned by the person;
                    ``(B) the customary industry practices for any
                business owned by the person;
                    ``(C) the price paid to or received by the person
                in the recycling transaction;
                    ``(D) the ability of the person to detect the
                nature of the operations of the consuming facility
                concerning the handling, processing, reclamation, or
                other management activities associated with the
                recyclable material.
    ``(c) Permit Requirement.--For the purposes of this section, a
requirement to obtain a permit applicable to the handling, processing,
reclamation, or other management activity associated with a recyclable
material shall be considered to be a substantive provision.
    ``(d) Regulations.--The Administrator may issue regulations to
carry out this section.
    ``(e) Liability for Attorney Fees for Certain Actions.--Any person
who commences an action for contribution against a person who is
alleged to be liable under this Act but is found not to be liable as a
result of this section shall be liable to the person defending the
action for all reasonable costs of defending the action, including all
reasonable attorney and expert witness fees.
    ``(f) Effect on Pending or Concluded Actions.--This section shall
not affect a judicial or administrative action concluded prior to the
date of enactment of this section, or a pending judicial action
initiated by the United States prior to the date of enactment of this
section.
    ``(g) Effect on Other Liability.--Nothing in this section affects
the liability of a person under paragraph (1) or (2) of section 107(a).
    ``(h) Relationship to Liability Under Other Laws.--Nothing in this
section affects--
            ``(1) liability under any other Federal, State, or local
        law, or regulation promulgated pursuant to the law, including
        any requirement promulgated by the Administrator under the
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or
            ``(2) the ability of the Administrator to promulgate a
        regulation under any other law, including the Solid Waste
        Disposal Act.''.

Output:
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions.
Excludes from the definition of "recyclable material" any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment.
Considers transactions involving scrap paper, plastic, glass, textiles, rubber (other than whole tires), or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that:  (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations; (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction; and (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling.
Makes the exemptions from liability under this Act inapplicable if the person:  (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Armed Forces Education Benefits
Improvement Act''.

SEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE
              UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS.

    (a) In General.--Section 3015 of title 38, United States Code, is
amended--
            (1) in subsection (a), by amending paragraph (1) to read as
        follows:
            ``(1) for an approved program of education pursued on a
        full-time basis--
                    ``(A) $1,584 per month for months during fiscal
                year 2005; and
                    ``(B) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                paragraph for the previous fiscal year multiplied by
                the percentage increase calculated under subsection
                (h); or'';
            (2) in subsection (b), by amending paragraph (1) to read as
        follows:
            ``(1) for an approved program of education pursued on a
        full-time basis--
                    ``(A) $1,267 per month for months during fiscal
                year 2005; and
                    ``(B) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                paragraph for the previous fiscal year multiplied by
                the percentage increase calculated under subsection
                (h); or''; and
            (3) in subsection (h)(1), by striking ``all items'' and
        inserting ``college tuition and fees''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first month beginning after the
date of enactment of this Act.

SEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS.

    (a) Findings.--Congress finds that--
            (1) the enhanced educational benefits provided under the
        Ronald W. Reagan National Defense Authorization Act for Fiscal
        Year 2005 are an important step in ensuring that members of the
        Selected Reserve are thanked for their increasing role in the
        modern warfare; and
            (2) when these members return from extended tours in Iraq,
        Afghanistan, and other places, they should be provided with
        immediate access to these enhanced educational benefits.
    (b) Cooperation.--The Secretary of Defense shall work expeditiously
with the Secretary of Veterans Affairs to ensure that members of the
Selected Reserve receive the educational benefits referred to in
subsection (a) in a timely manner.
    (c) Studies.--
            (1) Secretary of defense.--The Secretary of Defense shall
        conduct a study analyzing the effect of all Montgomery GI bill
        educational benefits on recruitment and retention during the
        12-month period beginning on the date on which the enhanced
        benefits referred to in subsection (a) become available.
            (2) Secretary of veterans affairs.--The Secretary of
        Veterans Affairs shall conduct a study analyzing the effect of
        all Montgomery GI bill educational benefits on the readjustment
        of veterans eligible for educational benefits under section
        3015 of title 38, United States Code, and chapters 1606 and
        1607 of title 10, United States Code, during the 12-month
        period beginning on the date on which the enhanced benefits
        referred to in subsection (a) become available.
            (3) Report.--Not later than 18 months after the date on
        which the enhanced benefits referred to in subsection (a)
        become available, the Secretary of Defense and the Secretary of
        Veterans Affairs shall submit a report on the results of the
        studies conducted under paragraphs (1) and (2) to--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Armed Services of the House of
                Representatives;
                    (C) the Committee on Veterans' Affairs of the
                Senate; and
                    (D) the Committee on Veterans' Affairs of the House
                of Representatives.

SEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE
              UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE
              SELECTED RESERVE.

    (a) Increase in Rates.--Section 16131(b) of title 10, United States
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``at the following rates:'' and
                inserting ``--''; and
                    (B) by striking subparagraphs (A) through (C) and
                inserting the following:
            ``(A) for a program of education pursued on a full-time
        basis--
                    ``(i) $475 per month for months during fiscal year
                2005; and
                    ``(ii) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                subparagraph for the previous fiscal year multiplied by
                the percentage increase calculated under paragraph (2);
            ``(B) for a program of education pursued on a three-
        quarter-time basis--
                    ``(i) $356 per month for months during fiscal year
                2005; and
                    ``(ii) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                subparagraph for the previous fiscal year multiplied by
                the percentage increase calculated under paragraph (2);
            ``(C) for a program of education pursued on a half-time
        basis--
                    ``(i) $238 per month for months during fiscal year
                2005; and
                    ``(ii) for months during fiscal year 2006 and each
                subsequent fiscal year, the monthly amount under this
                subparagraph for the previous fiscal year multiplied by
                the percentage increase calculated under paragraph (2);
                and''; and
            (2) in paragraph (2)--
                    (A) by inserting ``beginning on or after October 1,
                2005'' after ``With respect to any fiscal year''; and
                    (B) in subparagraph (A), by striking ``all items''
                and inserting ``college tuition and fees''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first month beginning after the
date of enactment of this Act.

SEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER
              THE MONTGOMERY GI BILL.

    (a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
    ``(a)(1) Notwithstanding any other provision of this chapter,
during the 1-year period beginning on the date of enactment of this
section, a qualified individual (described in subsection (b)) may make
an irrevocable election under this section to receive basic educational
assistance under this chapter.
    ``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
    ``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
            ``(1) The individual first became a member of the Armed
        Forces or first served on active duty as a member of the Armed
        Forces before July 1, 1985.
            ``(2) The individual--
                    ``(A) has served on active duty without a break in
                service since the date the individual first became such
                a member or first served on active duty as such a
                member; and
                    ``(B) continues to serve on active duty for some or
                all of the 1-year period described in subsection (a).
            ``(3) The individual, before applying for benefits under
        this section--
                    ``(A) completed the requirements of a secondary
                school diploma (or equivalency certificate); or
                    ``(B) has successfully completed (or otherwise
                received academic credit for) the equivalent of 12
                semester hours in a program of education leading to a
                standard college degree.
            ``(4) The individual, when discharged or released from
        active duty, is discharged or released therefrom with an
        honorable discharge.
    ``(c)(1) Subject to paragraph (2), with respect to a qualified
individual who elects under this section to receive basic educational
assistance under this chapter--
            ``(A) the basic pay of the qualified individual shall be
        reduced (in a manner determined by the Secretary concerned)
        until the total amount by which such basic pay is reduced is
        $1,200; and
            ``(B) to the extent that basic pay is not reduced under
        subparagraph (A) before the qualified individual's discharge or
        release from active duty, an amount equal to the difference
        between $1,200 and the total amount of reductions under
        subparagraph (A), which shall be paid into the Treasury of the
        United States as miscellaneous receipts, shall, at the election
        of the qualified individual, be--
                    ``(i) collected from the qualified individual by
                the Secretary concerned; or
                    ``(ii) withheld from the retired or retainer pay of
                the qualified individual by the Secretary concerned.
    ``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
    ``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
    ``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
            ``(1) the Secretary concerned collects the applicable
        amount under subsection (c)(1)(B)(i); or
            ``(2) the retired or retainer pay of the qualified
        individual is first reduced under subsection (c)(1)(B)(ii).
    ``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
    (b) Conforming Amendments.--Section 3017(b)(1) of title 38, United
States Code, is amended--
            (1) in subparagraphs (A) and (C), by striking ``or
        3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
            (2) in subparagraph (B), by inserting ``or 3018D(c)'' after
        ``under section 3018C(e)''.
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of title 38, United States Code, is amended by inserting
after the item relating to section 3018C the following:

``3018D. Opportunity for certain active-duty personnel to enroll.''.

Output:
Armed Forces Education Benefits Improvement Act - Increases for FY2005 and thereafter the amount of monthly basic educational assistance under the Montgomery GI Bill (GI Bill) for veterans whose obligated period of active duty for such entitlement is three years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index.

Directs the Secretary of Defense to work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive their educational benefits in a timely manner. Requires a study from the Secretary of: (1) Defense analyzing the effect of all GI Bill educational benefits on recruitment and retention; and (2) Veterans Affairs analyzing the effect of such benefits on the readjustment of veterans eligible for the increased benefits, above.

Increases for FY2005 and thereafter the amount of monthly educational assistance for members of the Selected Reserve who agree to remain members for at least six years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index.

Allows eligible members of the Armed Forces to make an irrevocable election to receive basic educational assistance under the GI Bill. Defines as eligible members those who: (1) first became a member or first served on active duty before July 1, 1985; (2) served on active duty without a break in service since such date; (3) continue to so serve during the one-year period following enactment of this Act; (4) have successfully completed the requirements of a secondary school diploma and the equivalent of 12 semester hours toward a standard college degree; and (5) when discharged or released, receive an honorable discharge.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Electronic Theft (NET) Act''.

SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS.

    (a) Definition of Financial Gain.--Section 101 of title 17, United
States Code, is amended by inserting after the undesignated paragraph
relating to the term ``display'', the following new paragraph:
        ``The term `financial gain' includes receipt, or expectation of
    receipt, of anything of value, including the receipt of other
    copyrighted works.''.
    (b) Criminal Offenses.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
    ``(a) Criminal Infringement.--Any person who infringes a copyright
willfully either--
        ``(1) for purposes of commercial advantage or private financial
    gain, or
        ``(2) by the reproduction or distribution, including by
    electronic means, during any 180-day period, of 1 or more copies or
    phonorecords of 1 or more copyrighted works, which have a total
    retail value of more than $1,000,
shall be punished as provided under section 2319 of title 18, United
States Code. For purposes of this subsection, evidence of reproduction
or distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.''.
    (c) Limitation on Criminal Proceedings.--Section 507(a) of title
17, United States Code, is amended by striking ``three'' and inserting
``5''.
    (d) Criminal Infringement of a Copyright.--Section 2319 of title
18, United States Code, is amended--
        (1) in subsection (a), by striking ``subsection (b)'' and
    inserting ``subsections (b) and (c)'';
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1), by striking
        ``subsection (a) of this section'' and inserting ``section
        506(a)(1) of title 17''; and
            (B) in paragraph (1)--
                (i) by inserting ``including by electronic means,''
            after ``if the offense consists of the reproduction or
            distribution,''; and
                (ii) by striking ``with a retail value of more than
            $2,500'' and inserting ``which have a total retail value of
            more than $2,500''; and
        (3) by redesignating subsection (c) as subsection (e) and
    inserting after subsection (b) the following:
    ``(c) Any person who commits an offense under section 506(a)(2) of
title 17, United States Code--
        ``(1) shall be imprisoned not more than 3 years, or fined in
    the amount set forth in this title, or both, if the offense
    consists of the reproduction or distribution of 10 or more copies
    or phonorecords of 1 or more copyrighted works, which have a total
    retail value of $2,500 or more;
        ``(2) shall be imprisoned not more than 6 years, or fined in
    the amount set forth in this title, or both, if the offense is a
    second or subsequent offense under paragraph (1); and
        ``(3) shall be imprisoned not more than 1 year, or fined in the
    amount set forth in this title, or both, if the offense consists of
    the reproduction or distribution of 1 or more copies or
    phonorecords of 1 or more copyrighted works, which have a total
    retail value of more than $1,000.
    ``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
        ``(A) producers and sellers of legitimate works affected by
    conduct involved in the offense;
        ``(B) holders of intellectual property rights in such works;
    and
        ``(C) the legal representatives of such producers, sellers, and
    holders.''.
    (e) Unauthorized Fixation and Trafficking of Live Musical
Performances.--Section 2319A of title 18, United States Code, is
amended--
        (1) by redesignating subsections (d) and (e) as subsections (e)
    and (f), respectively; and
        (2) by inserting after subsection (c) the following:
    ``(d) Victim Impact Statement.--(1) During preparation of the
presentence report pursuant to Rule 32(c) of the Federal Rules of
Criminal Procedure, victims of the offense shall be permitted to
submit, and the probation officer shall receive, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim, including the
estimated economic impact of the offense on that victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
        ``(A) producers and sellers of legitimate works affected by
    conduct involved in the offense;
        ``(B) holders of intellectual property rights in such works;
    and
        ``(C) the legal representatives of such producers, sellers, and
    holders.''.
    (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of
title 18, United States Code, is amended--
        (1) by redesignating subsections (d) and (e) as subsections (e)
    and (f), respectively; and
        (2) by inserting after subsection (c) the following:
    ``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
    ``(2) Persons permitted to submit victim impact statements shall
include--
        ``(A) producers and sellers of legitimate goods or services
    affected by conduct involved in the offense;
        ``(B) holders of intellectual property rights in such goods or
    services; and
        ``(C) the legal representatives of such producers, sellers, and
    holders.''.
    (g) Directive to Sentencing Commission.--(1) Under the authority of
the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987)
and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101
Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the
sentencing guidelines and policy statements), the United States
Sentencing Commission shall ensure that the applicable guideline range
for a defendant convicted of a crime against intellectual property
(including offenses set forth at section 506(a) of title 17, United
States Code, and sections 2319, 2319A, and 2320 of title 18, United
States Code) is sufficiently stringent to deter such a crime and to
adequately reflect the additional considerations set forth in paragraph
(2) of this subsection.
    (2) In implementing paragraph (1), the Sentencing Commission shall
ensure that the guidelines provide for consideration of the retail
value and quantity of the items with respect to which the crime against
intellectual property was committed.

SEC. 3. INFRINGEMENT BY UNITED STATES.

    Section 1498(b) of title 28, United States Code, is amended by
striking ``remedy of the owner of such copyright shall be by action''
and inserting ``action which may be brought for such infringement shall
be an action by the copyright owner''.

                               Speaker of the House of Representatives.

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

Output:
No Electronic Theft (NET) Act - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works.
Sets penalties for willfully infringing a copyright:  (1) for purposes of commercial advantage or private financial gain; or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000.  Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.
Extends the statute of limitations for criminal copyright infringement from three to five years.
Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500.
Provides for:  (1) up to three years' imprisonment and fines in infringement cases described above (exclusive of commercial gain intent considerations); (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1); and (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000.
Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim.
Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Modernization Act''.

SEC. 2. ECONOMIC TRANSITION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by section 13403(a) of
Public Law 115-97, is amended by adding at the end the following new
section:

``SEC. 45T. ECONOMIC TRANSITION CREDIT.

    ``(a) In General.--For purposes of section 38, the amount of the
economic transition credit determined under this section for the
taxable year shall be equal to the sum of any applicable payroll taxes
paid by an employer during the taxable year with respect to employment
of any qualified employee.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Applicable payroll taxes.--
                    ``(A) In general.--The term `applicable payroll
                taxes' means, with respect to any employer for any
                taxable year, the amount of the taxes imposed by--
                            ``(i) section 3111 on wages paid by an
                        employer with respect to employment of
                        qualified employee during the applicable
                        period, and
                            ``(ii) section 3221(a) on compensation paid
                        by an employer with respect to services
                        rendered by a qualified employee during the
                        applicable period.
                    ``(B) Applicable period.--For purposes of
                subparagraph (A), the term `applicable period' means
                the 3-year period beginning with the day the qualified
                employee begins work for the employer.
            ``(2) Declining field.--
                    ``(A) In general.--The term `declining field' means
                any occupation or field of work which has been
                determined by the Secretary, in consultation with the
                Bureau of Labor Statistics of the Department of Labor,
                to have experienced a decline in the level of average
                employment in such occupation or field in the United
                States of not less than 8 percent over the most recent
                3-year period for which such information is available.
                    ``(B) Determination and publication.--The
                Secretary, in consultation with the Bureau of Labor
                Statistics of the Department of Labor, shall annually--
                            ``(i) determine which occupations or fields
                        of work satisfy the requirements described in
                        subparagraph (A), and
                            ``(ii) publish and make available on the
                        website of the Department of the Treasury a
                        complete list of such occupations and fields of
                        work.
            ``(3) Qualified employee.--
                    ``(A) In general.--The term `qualified employee'
                means an individual who--
                            ``(i) is provided wages for employment by
                        the employer (as such terms are defined in
                        section 3121), provided that such employment is
                        not in a declining field,
                            ``(ii) is not a covered employee (as
                        defined in section 162(m)(3)), and
                            ``(iii) was employed in a declining field
                        for any period during the 12-month period
                        preceding the applicable period under paragraph
                        (1)(B).
                    ``(B) Nonqualifying rehires.--The term `qualifying
                employee' shall not include any individual who, prior
                to the beginning of the applicable period under
                paragraph (1)(B), had been employed by the employer at
                any time.''.
    (b) Credit Part of General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986, as amended by section 13403(b) of Public
Law 115-97, is amended by striking ``plus'' at the end of paragraph
(36), by striking the period at the end of paragraph (37) and inserting
``, plus'', and by adding at the end the following new paragraph:
            ``(38) the economic transition credit determined under
        section 45T(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

``Sec. 45T. Economic Transition Credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR
              PROFESSIONALS IN SHORT SUPPLY.

    (a) In General.--
            (1) Publication.--For each calendar year beginning after
        the date of the enactment of this Act, the Secretary of the
        Treasury, in consultation with the Secretary of Labor, shall
        publish and make available on the website of the Department of
        the Treasury a list of any occupation or field of work which
        qualifies as a short supply field for such calendar year.
            (2) Short supply field.--The term ``short supply field''
        means an occupation or field of work which the Secretary of the
        Treasury, in consultation with the Secretary of Labor, has
        determined--
                    (A) requires--
                            (i) theoretical and practical application
                        of a body of highly specialized knowledge; and
                            (ii)(I) attainment of a bachelor's or
                        higher degree in the specific specialty (or its
                        equivalent); or
                            (II) experience in the specialty equivalent
                        to the completion of such degree; and
                    (B) has an insufficient number of individuals who
                are citizens or residents of the United States and are
                qualified, willing, and able to satisfy the demand for
                labor in such occupation or field of work.
    (b) Enhancements to Certain Education Tax Benefits.--
            (1) In general.--
                    (A) Educational assistance programs.--Paragraph (2)
                of section 127(a) of the Internal Revenue Code of 1986
                is amended by inserting ``(or, in the case of an
                individual employed in an occupation or field of work
                which has been designated as a short supply field for
                such calendar year pursuant to section 3(a) of the
                Economic Modernization Act, the first $15,000 of such
                assistance so furnished)'' before the period at the
                end.
                    (B) Interest on education loans.--Paragraph (1) of
                section 221(b) of the Internal Revenue Code of 1986 is
                amended by inserting ``(or, in the case of a individual
                employed in an occupation or field of work which has
                been designated, pursuant to section 3(a) of the
                Economic Modernization Act, as a short supply field for
                the calendar year in which such taxable year began,
                shall not exceed $8,000)'' before the period at the
                end.
                    (C) Qualified tuition and related expenses.--
                Paragraph (1) of section 222(b) of the Internal Revenue
                Code of 1986 is amended by inserting ``(or, in the case
                of an individual employed in an occupation or field of
                work which has been designated, pursuant to section
                3(a) of the Economic Modernization Act, as a short
                supply field for the calendar year in which such
                taxable year began, an amount equal to the applicable
                dollar limit multiplied by 2)'' before the period at
                the end.
            (2) Exclusion for certain employer payments of student
        loans.--
                    (A) In general.--Paragraph (1) of section 127(c) of
                the Internal Revenue Code of 1986 is amended by
                striking ``and'' at the end of subparagraph (A), by
                redesignating subparagraph (B) as subparagraph (C), and
                by inserting after subparagraph (A) the following new
                subparagraph:
                    ``(B) in the case of an employee employed in an
                occupation or field of work which has been designated
                as a short supply field for a calendar year pursuant to
                section 3(a) of the Economic Modernization Act, the
                payment by an employer during such calendar year,
                whether paid to the employee or to a lender, of
                principal or interest on any qualified education loan
                (as defined in section 221(d)(1)) incurred by the
                employee, and''.
                    (B) Conforming amendment; denial of double
                benefit.--Paragraph (1) of section 221(e) of the
                Internal Revenue Code of 1986 is amended by inserting
                before the period the following: ``, or for which an
                exclusion is allowable under section 127 to the
                taxpayer's employer by reason of the payment by such
                employer of any indebtedness on a qualified education
                loan of the taxpayer''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after the date of the
        enactment of this Act.

SEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 181
the following new section:

``SEC. 182. QUALIFIED ENTERPRISE INCOME.

    ``(a) In General.--In the case of a qualified taxpayer, there shall
be allowed as a deduction an amount equal to any qualified enterprise
income of such taxpayer.
    ``(b) Limitation.--The amount of the deduction allowed under
subsection (a) for any taxable year shall not exceed an amount equal to
50 percent of the W-2 wages paid by the qualified taxpayer during such
taxable year.
    ``(c) Definitions.--In this section:
            ``(1) Qualified enterprise income.--
                    ``(A) In general.--The term `qualified enterprise
                income' means the amount equal to the excess (if any)
                of--
                            ``(i) the gross receipts of the qualified
                        taxpayer for the taxable year which are
                        properly allocable to a qualified facility,
                        over
                            ``(ii) an amount equal to the sum of--
                                    ``(I) the cost of goods sold which
                                are allocable to such receipts, and
                                    ``(II) any other expenses, losses
                                or deductions (with the exception of
                                the deduction allowed under this
                                section) which are allocable to such
                                receipts.
                    ``(B) Limitation.--The term `qualified enterprise
                income' shall apply only to gross receipts described in
                subparagraph (A) for the 3-taxable-year period
                beginning after the qualified facility is placed in
                service.
                    ``(C) Method of allocation.--The Secretary shall
                prescribe regulations for ensuring proper allocation of
                amounts under subparagraph (A).
            ``(2) Qualified facility.--
                    ``(A) In general.--The term `qualified facility'
                means any nonresidential building (and its structural
                components) which--
                            ``(i) prior to 2000, was placed in service
                        and used in the active conduct of a trade or
                        business by a person other than the qualified
                        taxpayer,
                            ``(ii) after being acquired by the
                        qualified taxpayer, has been substantially
                        rehabilitated,
                            ``(iii) during the 2-year period prior to
                        commencement of rehabilitation by the qualified
                        taxpayer, was not used in the active conduct of
                        a trade or business, and
                            ``(iv) is located within a State.
                    ``(B) Substantial rehabilitation.--For purposes of
                this paragraph, a building shall be deemed to have been
                substantially rehabilitated only if--
                            ``(i) not less than 50 percent of the
                        existing external walls of such building are
                        retained in place as external walls,
                            ``(ii) not less than 75 percent of the
                        existing internal structural framework of such
                        building is retained in place, and
                            ``(iii) the amount properly chargeable to
                        the capital account for any addition to or
                        improvement of the building is in excess of an
                        amount equal to the greater of--
                                    ``(I) the adjusted basis of such
                                building (and its structural
                                components), or
                                    ``(II) $20,000.
            ``(3) Qualified taxpayer.--The term `qualified taxpayer'
        means the person that owns the qualified facility and directly
        incurs not less than 50 percent of the expenses for
        substantially rehabilitating such facility (under rules similar
        to the rules applicable to self-rehabilitated buildings under
        section 47(d)(4)).
            ``(4) State.--The term `State' means any State of the
        United States or the District of Columbia or any Territory or
        possession of the United States.
            ``(5) W-2 wages.--
                    ``(A) In general.--The term `W-2 wages' means, with
                respect to any person for any taxable year of such
                person, the amounts described in paragraphs (3) and (8)
                of section 6051(a) paid by such person with respect to
                employment of employees by such person during the
                calendar year ending during such taxable year.
                    ``(B) Limitation to wages attributable to qualified
                enterprise income.--Such term shall not include any
                amount which is not properly allocable to qualified
                enterprise income for purposes of subsection (c)(1).
                    ``(C) Return requirement.--Such term shall not
                include any amount which is not properly included in a
                return filed with the Social Security Administration on
                or before the 60th day after the due date (including
                extensions) for such return.''.
    (b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:

``Sec. 182. Qualified Enterprise Income.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output: Economic Modernization Act  This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields.  A "declining field" has experienced a decline in the level of average employment of at least 8% over the most recent 3-year period.  A "short-supply" field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty; and (2) has an insufficient number of U.S. citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work.  For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field.  For individuals employed in short-supply fields, the bill:   increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans,  increases the limit for the deduction for interest on education loans, and   increases the limit for the deduction for qualified tuition and related expenses.  The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50% of the wages paid by the company.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Religious Freedom Act of
1999''.

SEC. 2. AMENDMENTS.

    (a) Definitions.--Section 701(j) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(j)) is amended--
            (1) by inserting ``(1)'' after ``(j)'';
            (2) by inserting ``, after initiating and engaging in an
        affirmative and bona fide effort,'' after ``unable'';
            (3) by striking ``an employee's'' and all that follows
        through ``religious'' and insert ``an employee's religious'';
        and
            (4) by adding at the end the following:
    ``(2) As used in this subsection, the term `employee' includes a
prospective employee.
    ``(3) As used in this subsection, the term `undue hardship' means
an accommodation requiring significant difficulty or expense. For
purposes of determining whether an accommodation requires significant
difficulty or expense--
            ``(A) an accommodation shall be considered to require
        significant difficulty or expense if the accommodation will
        result in the inability of an employee to perform the essential
        functions of the employment position of the employee; and
            ``(B) other factors to be considered in making the
        determination shall include--
                    ``(i) the identifiable cost of the accommodation,
                including the costs of loss of productivity and of
                retraining or hiring employees or transferring
                employees from one facility to another, in relation to
                the size and operating cost of the employer;
                    ``(ii) the number of individuals who will need the
                particular accommodation to a religious observance or
                practice; and
                    ``(iii) for an employer with multiple facilities,
                the degree to which the geographic separateness or
                administrative or fiscal relationship of the facilities
                will make the accommodation more difficult or
                expensive.''.
    (b) Employment Practices.--Section 703 of such Act (42 U.S.C.
2000e-2) is amended by adding at the end the following:
    ``(o)(1) As used in this subsection:
            ``(A) The term `employee' includes a prospective employee.
            ``(B) The term `leave of general usage' means leave
        provided under the policy or program of an employer, under
        which--
                    ``(i) an employee may take leave by adjusting or
                altering the work schedule or assignment of the
                employee according to criteria determined by the
                employer; and
                    ``(ii) the employee may determine the purpose for
                which the leave is to be utilized.
            ``(C) The term `undue hardship' has the meaning given the
        term in section 701(j)(3).
    ``(2) For purposes of determining whether an employer has committed
an unlawful employment practice under this title by failing to provide
a reasonable accommodation to the religious observance or practice of
an employee, an accommodation by the employer shall not be deemed to be
reasonable if such accommodation does not remove the conflict between
employment requirements and the religious observance or practice of the
employee.
    ``(3) An employer shall be considered to commit such a practice by
failing to provide such a reasonable accommodation for an employee if
the employer refuses to permit the employee to utilize leave of general
usage to remove such a conflict solely because the leave will be used
to accommodate the religious observance or practice of the employee.
    ``(4) It shall not be a defense to a claim of unlawful employment
practice under this title for failure to provide a reasonable
accommodation to a religious observance or practice of an employee that
such accommodation would be in violation of a bona fide seniority
system if, in order for the employer to reasonably accommodate such
observance or practice--
            ``(A) an adjustment would be made in the employee's work
        hours (including an adjustment that requires the employee to
        work overtime in order to avoid working at a time that
        abstention from work is necessary to satisfy religious
        requirements), shift, or job assignment, that would not be
        available to any employee but for such accommodation; or
            ``(B) the employee and any other employee would voluntarily
        exchange shifts or job assignments, or voluntarily make some
        other arrangement between the employees.
    ``(5)(A) An employer shall not be required to pay premium wages or
confer premium benefits for work performed during hours to which such
premium wages or premium benefits would ordinarily be applicable, if
work is performed during such hours only to accommodate religious
requirements of an employee.
    ``(B) As used in this paragraph--
            ``(i) the term `premium benefit' means an employment
        benefit, such as seniority, group life insurance, health
        insurance, disability insurance, sick leave, annual leave, an
        educational benefit, or a pension, that is greater than the
        employment benefit due the employee for an equivalent period of
        work performed during the regular work schedule of the
        employee; and
            ``(ii) the term `premium wages' includes overtime pay and
        compensatory time off, premium pay for night, weekend, or
        holiday work, and premium pay for standby or irregular duty.''.

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by section 2 take effect on the date of
enactment of this Act.
    (b) Application of Amendments.--The amendments made by section 2 do
not apply with respect to conduct occurring before the date of
enactment of this Act.

Output: Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Nonprofit Hospital
Protection Act of 1997''.

SEC. 2. DISQUALIFICATION FROM MEDICARE PAYMENT OF NON-PROFIT HOSPITALS
              THAT TRANSFER ASSETS OR CONTROL TO A FOR-PROFIT ENTITY
              WITHOUT APPROVAL.

    (a) In General.--Part A of title XVIII of the Social Security Act
is amended by adding at the end the following new section:

   ``disqualification of certain nonprofit hospitals from payment if
 assets or control transferred to a for-profit entity without approval

    ``Sec. 1821. (a) Requirement.--No payment may be made under this
part with respect to inpatient hospital services of a hospital if the
hospital, on or after January 7, 1997, was owned or controlled by a
nonprofit entity and there is an impermissible transfer (as defined in
subsection (b)) with respect to the hospital or the entity.
    ``(b) Impermissible Transfers.--
            ``(1) In general.--For purposes of this section, the term
        `impermissible transfer' means any covered transfer (as defined
        in paragraph (2)) that has not been considered to be approved
        in accordance with subsection (c).
            ``(2) Covered transfer defined.--For purposes of this
        section, the term `covered transfer' means, with respect to a
        hospital that is owned or controlled by a nonprofit entity--
                    ``(A) the sale, transfer, lease, exchange, option,
                conveyance, or other disposition of, the assets of the
                hospital (or of the entity in relation to the hospital)
                to a for-profit entity, if a material amount of the
                assets relating to the hospital are involved in such
                disposition; or
                    ``(B) the transfer of control, responsibility, or
                governance of a material amount of the assets or
                operation of the hospital (or of the entity in relation
                to the hospital) to any for-profit entity.
        Transfers described in this paragraph may be effected through
        sale, joint venture, joint operating agreement, or any other
        means.
            ``(3) Other definitions.--For purposes of this section:
                    ``(A) The term `acquired hospital' means, with
                respect to a covered transfer, the non-profit hospital
                the assets or control of which are the subject of the
                transfer.
                    ``(B) The term `acquiring entity' means, with
                respect to a covered transfer, the for-profit entity
                that is involved in the transfer.
    ``(c) Conditions for Approval.--Subject to subsection (d)--
            ``(1) In general.--A covered transfer with respect to an
        acquired hospital owned or controlled by a nonprofit entity is
        not considered to be approved in accordance with this
        subsection unless--
                    ``(A) the acquiring entity has disclosed to the
                Secretary, in a form and manner specified by the
                Secretary, the information described in paragraph (2)
                relating to the transfer;
                    ``(B) there has been an independent fairness review
                conducted of the proposed transfer and the report on
                the review concludes that no assets of the acquired
                hospital in relation to the nonprofit entity have
                inappropriately benefited any private parties; and
                    ``(C) the Secretary has approved the transfer.
            ``(3) Information to be disclosed.--The information
        described in this paragraph is a complete description of the
        terms of covered transfer, together with a description of all
        collateral arrangements, including information describing--
                    ``(A) the acquired hospital and the nonprofit
                entity that owns or controls the hospital;
                    ``(B) the acquiring entity;
                    ``(C) other parties to the transfer;
                    ``(D) terms of the proposed transfer;
                    ``(E) the value of consideration to be provided in
                connection with the transfer (including details as to
                the basis for the valuation);
                    ``(F) copies of documents relating to the transfer;
                    ``(G) the identity of individuals and persons who
                are officers, directors, or affiliates of the nonprofit
                entity and whether they have any direct or indirect
                economic interest in the transfer (including any
                promise or discussion of future employment); and
                    ``(H) such other information as the Secretary may
                require.
            ``(3) Public disclosure.--The Secretary shall provide for
        public disclosure (including disclosure through electronic
        means on the Internet) of information described in paragraph
        (3) provided under paragraph (1)(A) and the report on the
        transfer described in paragraph (1)(B).
            ``(4) Conditions for approval of transfers.--The Secretary
        may not approve a covered transfer relating to an acquired
        hospital owned or controlled by a nonprofit entity unless,
        after completion of the public hearing described in paragraph
        (6), the Secretary determines that the following conditions are
        met:
                    ``(A) Due care was exercised by the nonprofit
                entity in deciding to enter into the transfer,
                selecting the acquiring entity, and negotiating the
                terms of the transfer.
                    ``(B) The nonprofit entity sought appropriate
                expert assistance in making decisions in relation to
                the transfer.
                    ``(C) The nonprofit entity took all reasonable
                steps to avoid conflict of interests.
                    ``(D) The nonprofit entity will receive fair market
                value for its assets transferred in connection with the
                covered transfer.
                    ``(E) No charitable funds are placed at risk in
                connection with the covered transfer.
                    ``(F) The amount of any compensation under any
                management contract entered into in connection with the
                covered transfer is fair.
                    ``(G) The proceeds to the nonprofit entity in
                connection with the covered transfer will be used only
                for appropriate charitable purposes consistent with the
                entity's non-profit charter and for the promotion of
                health in the affected community and such proceeds will
                be controlled as charitable funds independent of the
                acquiring entity.
                    ``(H) Any charitable corporation established to
                hold proceeds of the acquired hospital in connection
                with the covered transfer will be broadly based in the
                community.
                    ``(I) There are sufficient safeguards to assure the
                affected community continues to have access to
                affordable hospital services.
                    ``(J) The acquiring entity has made a commitment to
                provide comparable care to the disadvantaged, the
                uninsured, and the underinsured, and to provide
                benefits to the affected community.
                    ``(K) The acquiring entity has no contractual right
                to receive or direct future grants in relation to the
                acquired hospital.
                    ``(L) The acquiring entity has paid the Secretary,
                with respect to the covered transfer, a fee sufficient
                to cover the costs of the Secretary in administering
                this section in relation to such transfer.
            ``(6) Public hearing.--Before approving a covered transfer,
        the Secretary shall provide for notice and a public hearing to
        take place in the community of the acquired hospital concerning
        the transfer and publication of a public report on testimony
        received at the hearing.
    ``(d) Application of Alternative State Law Requirements.--A covered
transfer is deemed to meet an applicable requirement of subsection (c)
relating to the transfer to the extent that the Secretary determines
that there is a State law that imposes a requirement at least as
stringent as the requirement involved with respect to the transfer.
    ``(e) Delegation of Authority.--The Secretary may exercise the
Secretary's authority under this section through any appropriate
official in the Department of Health and Human Services.
    ``(f) No Effect on Other Rights.--The fact that the Secretary has
approved a covered transfer under this section shall not supersede
other rights that any entity (including the federal government or a
State or local government) may have to challenge the transfer on any
grounds.''.
    (b) Effective Date.--The amendment made by this section shall apply
with respect to covered transfers for which agreements or transactions
are entered into on or after January 7, 1997.

Output: Medicare Nonprofit Hospital Protection Act of 1997 - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to disqualify for Medicare payment any non-profit hospital that transfers assets or control to a for-profit entity without appropriate approval by the Secretary of Health and Human Services.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guidance, Understanding, and
Information for Dual Eligibles (GUIDE) Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Nearly 8,800,000 Americans were eligible for benefits
        under the Medicare program and for medical assistance under
        Medicaid (dual eligible beneficiaries) in fiscal year 2005. Of
        these ``dual eligible beneficiaries'', almost 40 percent have
        cognitive impairments, including Alzheimer's disease, dementia,
        serious mental illnesses, and intellectual disabilities. Until
        December 31, 2005, dual eligible beneficiaries received
        outpatient prescription drug benefits through medical
        assistance under Medicaid. On January 1, 2006, drug coverage
        for dual eligibles switched from Medicaid to Medicare.
            (2) In 2008, 53 percent of dual eligible beneficiaries had
        medication access problems and of those, 27 percent experienced
        significant adverse clinical events.
            (3) Individuals with medication access issues experience
        significantly more adverse clinical events. Among dual eligible
        beneficiaries with mental illness who had medication access
        problems, 27 percent experienced significant adverse clinical
        events, which included emergency room visits and
        hospitalizations.
            (4) In total, over 1,000,000 dual eligible beneficiaries
        and low-income subsidy beneficiaries were automatically auto-
        enrolled to new benchmark prescription drug plans under part D
        of the Medicare program between 2006 and 2007.
            (5) Community providers are at the front line of helping
        the most vulnerable dual eligible beneficiaries obtain
        prescription drug coverage under the Medicare program and
        navigate complex enrollment and low-income subsidy eligibility
        requirements under such program.
    (b) Purpose.--It is the purpose of this bill to help low-income
persons with cognitive impairments to enroll in and navigate the
prescription drug benefit under the Medicare program by providing front
line community providers who serve the population daily with financial
assistance to conduct vigorous education and outreach and direct case
management.

SEC. 3. MEDICARE PRESCRIPTION DRUG OUTREACH DEMONSTRATION PROGRAM FOR
              DUAL ELIGIBLE BENEFICIARIES WITH MENTAL DISABILITIES.

    (a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a 3-year
demonstration program (in this section referred to as ``the
demonstration program'') under which the Secretary awards grants and
contracts to appropriate, qualified community programs and clinics for
individuals with intellectual or developmental disabilities or such
programs that are described in subsection (b)(1) of section 1913 of the
Public Health Services Act, regardless of whether such program meets
the criteria described in subsection (c) of such section, to employ
qualified social workers and case managers to provide Medicare
prescription drug assistance described in subsection (c) to target
full-benefit dual eligible individuals. As a condition of receipt of a
grant or contract under this subsection, a program or clinic shall
collect and maintain data identified by the Centers for Medicare &
Medicaid Services as critical for the final evaluation and report to
Congress described in subsection (d).
    (b) Target Full-Benefit Dual Eligible Individual Defined.--For
purposes of this section, the term ``target full-benefit dual eligible
individual'' means a part D eligible individual, as defined in section
1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-
101(a)(3)(A)), who is a full-benefit dual eligible individual (as
defined in section 1935(c)(6) of the Social Security Act (42 U.S.C.
1396u-5(c)(6))) with one or more mental disabilities, including mental
retardation, dementia, mental illnesses, Alzheimer's disease, autism,
or any other related condition that produces serious cognitive
impairments.
    (c) Types of Assistance.--For purposes of subsection (a), the
Medicare prescription drug assistance described in this subsection is
one-on-one counseling with respect to one or more of the following
areas of assistance:
            (1) Assistance with initial enrollment in a prescription
        drug plan under part D of title XVIII of the Social Security
        Act or in an MA-PD plan under part C of such title.
            (2) Assistance with switching from one such prescription
        drug plan or MA-PD plan to another such prescription drug plan
        or MA-PD plan.
            (3) Assistance with filing for an exception to a formulary
        used by such a plan.
            (4) Assistance with filing a grievance, reconsideration, or
        appeal under section 1860D-4 of the Social Security Act (42
        U.S.C. 1395w-104), including assistance with collecting
        relevant information to file such a grievance, reconsideration,
        or appeal.
            (5) Assistance with navigating utilization management
        programs administered by a PDP sponsor offering a prescription
        drug plan under part D of title XVIII of the Social Security
        Act or a Medicare Advantage organization offering an MA-PD plan
        under part C of such title.
            (6) Assistance with obtaining prescription drugs from
        pharmacies participating with such a plan.
            (7) Assistance with facilitating contact with the Medicare
        Beneficiary Ombudsman appointed under section 1808(c) of the
        Social Security Act (42 U.S.C. 1395b-9).
    (d) Evaluation and Report.--
            (1) Evaluation.--The Secretary shall provide for an
        evaluation of the demonstration program. Such evaluation may
        include an analysis of--
                    (A) the utilization of the assistance provided
                under the program;
                    (B) the satisfaction of target full-benefit dual
                eligible individuals with such assistance; and
                    (C) the success of the program in--
                            (i) facilitating access by such individuals
                        to covered part D drugs (as defined in section
                        1860D-2(e) of the Social Security Act (42
                        U.S.C. 1395w-102(e)); and
                            (ii) medication compliance.
            (2) Report.--Not later than 6 months after the date of the
        completion of the demonstration program, the Secretary shall
        submit to Congress a report on such evaluation and shall
        include in such report recommendations regarding the
        feasibility of permanently funding an education and outreach
        program on the prescription drug benefit under the Medicare
        program for target full-benefit dual eligible individuals.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated for each of the fiscal years 2011 through 2013--
            (1) to carry out this section (other than subsection (d)),
        $10,000,000; and
            (2) such sums as may be necessary to carry out subsection
        (d).

Output: Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act - Directs the Secretary of Health and Human Services to establish a three-year demonstration program under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities, or certain programs under the Public Health Services Act, to employ qualified social workers and case managers to provide one-on-one counseling about benefits under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to a full-benefit dual eligible individual (eligible for benefits under both Medicare and SSA title XIX [Medicaid]) who has one or more mental disabilities.


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

    (a) Short Title.--This Act may be cited as the ``Voluntary Medicare
Prescription Drug Plan Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for outpatient prescription drugs.
        ``Part D--Voluntary Medicare Prescription Drug Coverage

        ``Sec. 1860A. Medicare Prescription Drug Plan.
        ``Sec. 1860B. Rx Option.
        ``Sec. 1860C. Combined deductible.
        ``Sec. 1860D. Partnerships with private entities to offer the
                            Rx Option.''.
Sec. 3. Conforming changes to Medigap.

SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by redesignating part D as part E and by
inserting after part C the following new part:

        ``Part D--Voluntary Medicare Prescription Drug Coverage

                   ``medicare prescription drug plan

    ``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan
eligible individual may elect coverage (beginning on January 1, 2001)
under this part by enrolling in the Rx Option in order to receive
coverage for outpatient prescription drugs as described in section
1860B and to pay a combined deductible under section 1860C.
    ``(b) Medicare Prescription Drug Plan Eligible Individual
Defined.--In this part, the term `Medicare Prescription Drug Plan
eligible individual' means an individual who is--
            ``(1) eligible for benefits under part A and enrolled under
        part B;
            ``(2) not enrolled in a Medicare+Choice plan under part C;
        and
            ``(3) not eligible for medical assistance for outpatient
        prescription drugs under title XIX.

                              ``rx option

    ``Sec. 1860B. (a) Enrollment in the Rx Option.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Secretary shall establish a process for the enrollment of
        Medicare Prescription Drug Plan eligible individuals under the
        Rx Option that is based upon the process for enrollment in
        Medicare+Choice plans under part C of this title.
            ``(2) Exceptions.--
                    ``(A) 2-year obligation.--Except as provided in
                subparagraph (B), a Medicare Prescription Drug Plan
                eligible individual who elects the Rx Option shall be
                subject to the provisions of this part for a minimum
                period of 2 years, beginning with the first full month
                during which the individual is eligible for benefits
                under the Rx Option.
                    ``(B) Free look period.--An individual who elects
                the Rx Option may disenroll from such Option no later
                than the last day of the first full month following the
                month in which such election was made.
            ``(3) Enrollment in medicare supplemental policies.--An
        individual enrolled in the Rx Option may be enrolled only in a
        medicare supplemental policy subject to the special rules
        described in section 1882(v).
    ``(b) Outpatient Prescription Drug Benefits.--
            ``(1) In general.--Beginning in 2001, under the Rx Option,
        after the enrollee has met the combined deductible under
        section 1860C, the Secretary shall provide a benefit for
        outpatient prescription drugs through private entities under
        section 1860D equal to 50 percent of the lesser of--
                    ``(A) the cost of outpatient prescription drugs for
                such year; or
                    ``(B) $5000.
            ``(2) Cost-of-living adjustment.--
                    ``(A) In general.--In the case of any calendar year
                beginning after 2001, the dollar amount in paragraph
                (1)(B) shall be increased by an amount equal to--
                            ``(i) such dollar amount; multiplied by
                            ``(ii) the cost-of-living adjustment.
                    ``(B) Cost-of-living adjustment.--For purposes of
                subparagraph (A), the cost-of-living adjustment for any
                calendar year is the percentage (if any) by which--
                            ``(i) the prescription drug component of
                        the Consumer Price Index for all urban
                        consumers (all items city average) for the 12-
                        month period ending with August of the
                        preceding year; exceeds
                            ``(ii) such prescription drug component of
                        the Consumer Price Index for the 12-month
                        period ending with August 2000.
                    ``(C) Rounding.--If any increase determined under
                subparagraph (B) is not a multiple of $1, such increase
                shall be rounded to the nearest multiple of $1.

                         ``combined deductible

    ``Sec. 1860C. (a) In General.--Notwithstanding any provision of
this title and beginning in 2001, a beneficiary electing the Rx Option
shall be subject to a combined deductible that shall apply in lieu of
the deductibles applied under sections 1813(a)(1) and 1833(b).
    ``(b) Amount.--
            ``(1) In general.--For purposes of subsection (a), the
        combined deductible is equal to $675.
            ``(2) Cost-of-living adjustment.--In the case of any
        calendar year after 2001, the dollar amount in paragraph (1)
        shall be increased by an amount equal to--
                    ``(A) such dollar amount; multiplied by
                    ``(B) the increase in the medical component of the
                CPI as determined by the Bureau of Labor Statistics.
            ``(3) Rounding.--If any increase determined under paragraph
        (2) is not a multiple of $1, such increase shall be rounded to
        the nearest multiple of $1.
    ``(c) Application.--In applying the combined deductible described
in subsection (a) such deductible shall apply to each expense incurred
on a calendar year basis for each item or service covered under this
title, and each expense paid on a calendar year basis for such an item
or service shall be credited against such deductible.

      ``partnerships with private entities to offer the rx option

    ``Sec. 1860D. (a) Partnerships.--
            ``(1) In general.--The Secretary shall contract with
        private entities for the provision of outpatient prescription
        drug benefits under the Rx Option.
            ``(2) Private entities.--The private entities described in
        paragraph (1) shall include insurers (including issuers of
        medicare supplemental policies under section 1882),
        pharmaceutical benefit managers, chain pharmacies, groups of
        independent pharmacies, and other private entities that the
        Secretary determines are appropriate.
            ``(3) Areas.--The Secretary may award a contract to a
        private entity under this section on a local, regional, or
        national basis.
            ``(4) Drug benefits only through private entities.--
        Outpatient prescription drug benefits under the Rx Option shall
        be offered only through a contract with a private entity under
        this section.
    ``(b) Secretary Required To Contract With Any Willing Qualified
Private Entity.--The Secretary may not exclude a private entity from
receiving a contract to provide outpatient prescription drug benefits
under the Rx Option if the private entity meets all of the requirements
established by the Secretary for providing such benefits.''.

SEC. 3. CONFORMING CHANGES TO MEDIGAP.

    Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is
amended by adding at the end the following new subsection:
    ``(v) Special Rules for Medicare Prescription Drug Plan
Enrollees.--
            ``(1) Revision of benefit packages.--
                    ``(A) In general.--Notwithstanding subsection (p),
                the benefit packages established under such subsection
                (including the 2 plans described in paragraph (11)(A)
                of such subsection) shall be revised (in the manner
                described in subsection (p)(1)(E)) so that each of the
                benefit packages classified as `A' through `J' remain
                exactly the same, except that each benefit package
                shall include special rules that apply only to
                individuals enrolled in the Rx Option under section
                1860B as follows:
                            ``(i) Combined deductible.--Each benefit
                        package shall require the beneficiary of the
                        policy to pay annual out-of-pocket expenses
                        (other than premiums) in an amount equal to the
                        amount of the combined deductible under section
                        1860C(b) before the policy begins payment of
                        any benefits.
                            ``(ii) Prescription drug coverage.--In the
                        case of a benefit package classified as `H',
                        `I', and `J', such policy may not provide
                        coverage for outpatient prescription drugs that
                        duplicates the coverage for outpatient
                        prescription drugs provided under the Rx Option
                        under section 1860B(b).
                    ``(B) Adjusted premium.--In the case of an
                individual enrolled in the Rx Option, the premium for
                the policy in which the individual is enrolled may be
                appropriately adjusted to reflect the special rules
                applicable to such individual under subparagraph (A).
            ``(2) Renewability and continuity of coverage.--The
        revisions of benefit packages under paragraph (1) shall not
        affect--
                    ``(A) the renewal of medicare supplemental policies
                under this section that are in existence on the
                effective date of such revisions; or
                    ``(B) the continuity of coverage under such
                policies.''.

Output:
Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5000.
Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option.