Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Safety Monitoring
Act''.

SEC. 2. DEVICE PILOT PROJECTS.

    (a) Postmarket Pilot.--Section 519 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360i) is amended by adding at the end the
following:
    ``(i) Pilot Projects.--
            ``(1) In general.--In order to provide timely and reliable
        information on the safety and effectiveness of cleared or
        approved devices, including responses to adverse events and
        malfunctions, and to advance the objectives of part 803 of
        title 21, Code of Federal Regulations (or successor
        regulations), and advance the objectives of, and evaluate
        innovative new methods of compliance with, this section and
        section 522, the Secretary shall, within one year of the date
        of enactment of this subsection, initiate one or more pilot
        projects for voluntary participation by a manufacturer or
        manufacturers of device or device type, or continue existing
        projects in accordance with paragraph (3), that meet all of the
        following requirements:
                    ``(A) Are designed to efficiently generate reliable
                and timely safety and active surveillance data for use
                by the Secretary or manufacturers of the devices that
                are involved in the pilot project.
                    ``(B) Inform the development of methods, systems,
                data criteria, and programs that could be used to
                support safety and active surveillance activities for
                devices not included in such project.
                    ``(C) Are designed and conducted in coordination
                with a comprehensive system for evaluating medical
                device technology that operates under a governing board
                with appropriate representation of stakeholders,
                including consumer groups and device manufacturers.
                    ``(D) Use electronic health data including claims
                data, patient survey data, and any other data, as the
                Secretary determines appropriate.
                    ``(E) Prioritize devices and device types that meet
                one or more of the following criteria:
                            ``(i) Devices and device types for which
                        the collection and analysis of real world
                        evidence regarding a device's safety and
                        effectiveness is likely to advance public
                        health.
                            ``(ii) Devices and device types that are
                        widely used.
                            ``(iii) Devices and device types, the
                        failure of which has significant health
                        consequences.
                            ``(iv) Devices and device types for which
                        the Secretary has received public
                        recommendations in accordance with paragraph
                        (2)(B) and has determined to meet one of the
                        criteria under clauses (i) through (iii) and is
                        appropriate for a project under this
                        subsection.
            ``(2) Participation.--The Secretary shall establish the
        conditions and processes for--
                    ``(A) authorizing voluntary participation of a
                manufacturer of a device in the pilot project described
                in paragraph (1); and
                    ``(B) facilitating public recommendations for
                devices to be prioritized under the pilot project
                described in paragraph (1), including requirements for
                the data necessary to support such recommendation.
            ``(3) Implementation.--The Secretary may satisfy the
        requirements of paragraphs (1) and (2) by continuing or
        expanding existing projects, or by beginning new projects, that
        meet the criteria of subparagraphs (A) through (E) of paragraph
        (1) or by entering into contracts, cooperative agreements,
        grants, or other appropriate agreements with public or private
        entities that have a significant presence in the United States,
        and meet the following additional conditions:
                    ``(A) If such public or private entities are a
                component of another organization, the entities have
                established appropriate security measures to maintain
                the confidentiality and privacy of the data described
                in paragraph (1)(D) and the entity shall not make an
                unauthorized disclosure of such data to the other
                components of the organization in breach of such
                confidentiality and privacy requirements.
                    ``(B) In the case of the termination or nonrenewal
                of such contracts, cooperative agreements, grants, or
                other appropriate agreements, the entities shall comply
                with each of the following:
                            ``(i) Continue to comply with the
                        confidentiality and privacy requirements under
                        this subsection with respect to all data
                        disclosed to the entity.
                            ``(ii) Return any data disclosed to such
                        entity under this subsection to which it would
                        not otherwise have access or, if returning the
                        data is not practicable, destroy the data.
                    ``(C) Have at least one of the following
                qualifications:
                            ``(i) Research, statistical, epidemiologic,
                        or clinical capability and expertise to conduct
                        and complete the activities under this
                        subsection, including the capability and
                        expertise to provide the Secretary access to
                        de-identified data consistent with the
                        requirements of this subsection.
                            ``(ii) An information technology
                        infrastructure in place to support electronic
                        data and operational standards to provide
                        security for such data, as appropriate.
                            ``(iii) Experience with, and expertise on,
                        the development of device safety and
                        effectiveness research and surveillance using
                        electronic health data.
                            ``(iv) Other expertise which the Secretary
                        determines necessary to fulfill the activities
                        under this subsection.
            ``(4) Review of contract in the event of a merger or
        acquisition.--The Secretary shall review a contract with a
        qualified entity under this subsection in the event of a merger
        or acquisition of the entity in order to ensure that the
        requirements under this subsection will continue to be met.
            ``(5) Report to congress.--Not later than 18 months after
        the date of enactment of this subsection, and annually
        thereafter, the Secretary shall submit to the Committee on
        Health, Education, Labor, and Pensions of the Senate and the
        Committee on Energy and Commerce of the House of
        Representatives a report containing a description of the pilot
        projects being conducted pursuant to this subsection, including
        for each pilot project--
                    ``(A) how the project is being implemented in
                accordance with paragraph (3) and the contractor or
                grantee as applicable;
                    ``(B) the number of manufacturers that have agreed
                to participate;
                    ``(C) the data sources used;
                    ``(D) the devices or device categories involved;
                and
                    ``(E) the number of patients involved.
            ``(6) Compliance with requirements for records or reports
        on devices.--The participation of a manufacturer in a pilot
        project under this subsection shall not affect the eligibility
        of such manufacturer to participate in any quarterly reporting
        program implemented under this Act. The Secretary may determine
        that, for the specified time period to be determined by the
        Secretary, a manufacturer's participation in a pilot project
        under this subsection may meet certain other requirements of
        this section or section 522 if--
                    ``(A) the project has demonstrated success in
                capturing relevant adverse event information; and
                    ``(B) the Secretary has established procedures for
                making adverse event and safety information collected
                from the pilot public, to the extent possible, if
                collected pursuant to this section or section 522.
            ``(7) Privacy requirements.--With respect to the pilot
        projects conducted pursuant to this subsection--
                    ``(A) individual identifiable health information
                shall not be disclosed when presenting any information
                from such project; and
                    ``(B) such projects shall comply with section
                264(c) of the Health Insurance Portability and
                Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and
                sections 552 and 552a of title 5, United States Code.
            ``(8) Other compliance.--Any pilot program undertaken in
        coordination with the comprehensive system described in
        paragraph (1)(C), including pilot projects under this
        subsection, that relates to the use of real world evidence for
        devices shall comply with paragraph (1)(B), the conditions
        listed in subparagraphs (A) and (B) of paragraph (3), and
        paragraphs (4), (5), (6), and (7).
            ``(9) Sunset.--This subsection shall cease to have force or
        effect on October 1, 2022.''.
    (b) Report.--Not later than January 31, 2021, the Secretary of
Health and Human Services, acting through the Commissioner of Food and
Drugs, shall conduct a review through an independent third party to
evaluate the strengths, limitations, and appropriate use of evidence
collected pursuant to real world evidence pilot projects described in
the letters described in section 201(b) of the Medical Device User Fee
Amendments of 2017 and subsection (i) of section 519 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360i), as amended by subsection
(a), for informing premarket and postmarket decisionmaking for multiple
device types, and to determine whether the methods, systems, and
programs in such pilot projects efficiently generate reliable and
timely evidence about the effectiveness or safety surveillance of
devices.

Output: Medical Device Safety Monitoring Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to support pilot projects in order to provide timely and reliable information on the safety and effectiveness of marketed medical devices. The projects must: (1) be designed to generate safety and active surveillance data, (2) inform support for safety and active surveillance activities, (3) be coordinated with a system for evaluating medical device technology that operates under a board with representation from consumer groups and device manufacturers, and (4) use electronic health data. The FDA may determine that a manufacturer's participation in a pilot project satisfies requirements regarding reporting or postmarket surveillance if the project captures adverse event information and the FDA has established procedures to publish safety information from the project. Not later than January 31, 2021, the FDA must evaluate real world evidence pilot projects, such as the ones supported by this bill, for their ability to inform decision-making and efficiently generate evidence about the safety or effectiveness of medical devices.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strong Forests Grow Strong
Communities Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume
                requirement'', with respect to a unit of the National
                Forest System, means a volume of national forest
                materials no less than 50 percent of the sustained
                yield of the unit.
                    (B) Exclusions.--In determining the volume of
                national forest materials or the sustained yield of a
                Forest Reserve Revenue Area, the Secretary may not
                include non-commercial post and pole sales and personal
                use firewood.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Agriculture and the Committee
                on Natural Resources of the House of Representatives;
                and
                    (B) the Committee on Agriculture, Nutrition, and
                Forestry and the Committee on Energy and Natural
                Resources of the Senate.
            (3) National forest materials.--The term ``national forest
        materials'' has the meaning given that term in section 14(e)(1)
        of the National Forest Management Act of 1976 (16 U.S.C.
        472a(e)(1)).
            (4) National forest system.--The term ``National Forest
        System'' has the meaning given that term in section 11(a) of
        the Forest and Rangeland Renewable Resources Planning Act of
        1974 (16 U.S.C. 1609(a)), except that the term does not include
        the National Grasslands and land utilization projects
        designated as National Grasslands administered pursuant to the
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (6) Sustained yield.--The term ``sustained yield'' means
        the maximum annual growth potential of the forest calculated on
        the basis of the culmination of mean annual increment using
        cubic measurement.
            (7) State.--The term ``State'' includes the Commonwealth of
        Puerto Rico.

SEC. 3. ANNUAL VOLUME REQUIREMENT.

    (a) Publication.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register, make available on the website of the Forest Service, and
submit to the appropriate congressional committees the annual volume
requirement for each unit of the National Forest System.
    (b) Revision.--Upon publication of the annual volume requirement
for a unit of the National Forest System under subsection (a), the
Secretary may not reduce the annual volume requirement for that unit
without the consent of Congress in a law enacted after the date of the
enactment of this Act.

SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL
              VOLUME REQUIREMENTS.

    (a) Requirement To Achieve Annual Volume Requirement.--The
Secretary shall manage the sale of national forest materials in each
unit of the National Forest System in the manner necessary so that the
annual volume requirement for that unit is met each calendar year.
    (b) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for a unit of the National Forest System
as necessary so as to meet the annual volume requirement for that unit.
    (c) Compliance With Endangered Species Act.--
            (1) Non-jeopardy assessment.--If the Secretary determines
        that a sale of national forest materials may affect the
        continued existence of any species listed as endangered or
        threatened under section 4 of the Endangered Species Act of
        1973 (16 U.S.C. 1533), the Secretary shall issue a
        determination explaining the view of the Secretary that the
        proposed sale is not likely to jeopardize the continued
        existence of the species.
            (2) Submission, review, and response.--
                    (A) Submission.--The Secretary shall submit a
                determination issued by the Secretary under paragraph
                (1) to the Secretary of the Interior or the Secretary
                of Commerce, as appropriate.
                    (B) Review and response.--Within 30 days after
                receiving a determination under subparagraph (A), the
                Secretary of the Interior or the Secretary of Commerce,
                as appropriate, shall provide a written response to the
                Secretary concurring in or rejecting the Secretary's
                determination. If the Secretary of the Interior or the
                Secretary of Commerce rejects the determination, the
                written response shall include recommendations for
                measures that--
                            (i) will avoid the likelihood of jeopardy
                        to an endangered or threatened species;
                            (ii) can be implemented in a manner
                        consistent with the intended purpose of the
                        sale;
                            (iii) can be implemented consistent with
                        the scope of the Secretary's legal authority
                        and jurisdiction; and
                            (iv) are economically and technologically
                        feasible.
            (3) Formal consultation.--If the Secretary of the Interior
        or the Secretary of Commerce rejects a determination issued by
        the Secretary under paragraph (1), the Secretary of the
        Interior or the Secretary of Commerce also is required to
        engage in formal consultation with the Secretary. The
        Secretaries shall complete such consultation pursuant to
        section 7 of the Endangered Species Act of 1973 (16 U.S.C.
        1536) within 90 days after the submission of the written
        response under paragraph (2).

SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL
              VOLUME REQUIREMENTS ARE NOT MET.

    (a) Request by State To Manage Unit.--
            (1) Submission of request; when authorized.--If the
        Secretary fails to meet the annual volume requirement for a
        unit of the National Forest System for five calendar years,
        whether consecutively or over a longer than five-year period,
        the State in which the unit is located may submit to the
        Secretary a request to enter into a cooperative agreement with
        the Secretary for purposes of managing the unit.
            (2) Role of political subdivisions.--A State that
        undertakes the management of a unit of the National Forest
        System under this section may conduct such management directly,
        through an agreement with a political subdivision of the State
        in which National Forest System lands of that unit are located,
        or through contracts with third parties.
            (3) Treatment of units located in multiple states.--If a
        unit of the National Forest System is located in more than one
        State, a State's request under paragraph (1) shall cover only
        those National Forest System lands of that unit located in that
        State.
    (b) Approval of Request.--Not later than 90 days after the date on
which the Secretary receives the request under subsection (a), the
Secretary shall approve the request and enter into the cooperative
agreement unless the Secretary determines that--
            (1) the State has failed to demonstrate that it has
        sufficient funds to manage the unit of the National Forest
        System for the production of national forest materials;
            (2) the request is incomplete; or
            (3) the proposed cooperative agreement submitted with the
        request fails to address all of the items specified in
        subsection (f).
    (c) Opportunity To Amend Request.--
            (1) Notice of denial.--If the Secretary denies a request
        received under subsection (a) on the basis of one or more of
        the reasons authorized by subsection (b), the Secretary shall
        provide the State with a clear and comprehensive statement of--
                    (A) the reasons why the request was denied; and
                    (B) any deficiencies in the request or the related
                proposed cooperative agreement.
            (2) Resubmission.--After receiving a notice from the
        Secretary under paragraph (1), a State may amend and resubmit
        the denied request.
    (d) Request and Cooperative Agreement Deemed Approved.--If the
Secretary does not approve or deny a request submitted under subsection
(a) or (c)(2) within the 90 days after receiving the request, the
request and the proposed cooperative agreement submitted with the
request shall be deemed approved.
    (e) Request Contents.--A request submitted under subsection (a)
shall include--
            (1) a letter signed by the Governor of the State addressed
        to the Secretary that identifies the unit of the National
        Forest System that the State will manage for the production of
        national forest materials;
            (2) the proposed cooperative agreement for State management
        of the unit;
            (3) the proposed role of political subdivisions of the
        State in the management of National Forest System lands of the
        unit located within the political subdivisions; and
            (4) documentation that demonstrates the ability of the
        State to provide sufficient funds to manage the unit for the
        duration of the cooperative agreement.
    (f) Elements of Cooperative Agreement.--The cooperative agreement
entered into by the Secretary and the Governor of a State for the
management of a unit of the National Forest System shall address the
following:
            (1) The State's management of the unit after the effective
        date of the transfer of management to the State for a specified
        term of years.
            (2) A cost-sharing agreement under which the State will
        provide a certain amount (equal to not less than 50 percent),
        in cash or in-kind, of the total amount required for the
        management of the unit.
            (3) The amount to be contributed by the State shall be
        determined by the Governor of the State and the Secretary, only
        after the Secretary submits to the State a categorical
        assessment of all costs, in the recent past and anticipated
        during the duration of the cooperative agreement, of managing
        the unit, including employee salary data.
            (4) In the event of a natural disaster, as categorized by
        the Federal Emergency Management Agency, the State shall assume
        authority over recovery initiatives (nullifying any existing
        established Federal response protocol) so that--
                    (A) the cost of damages to any structure on the
                unit be shared by both State and Federal entities at a
                ratio in accordance to the cost-sharing agreement; and
                    (B) the cost and administration of repair of
                damages resulting from natural disasters, not including
                structures referred to in subparagraph (A), shall be
                assumed by the State rather than the Federal
                Government.
            (5) All revenue accrued from fees, royalties, and other
        revenues related to the unit shall be distributed to the State
        and Federal entities in accordance to the percentages dictated
        by the cost-sharing agreement and shall be used so that the
        percentage of funds designated to the Federal entity shall be
        made available to the Secretary for use at the sole discretion
        of the Secretary.
            (6) The procedures to be followed for purposes of the
        transition from Federal to State management of the unit,
        including--
                    (A) a guarantee that all Federal employees managing
                the unit may remain employed without infringement upon
                their existing conditions of employment;
                    (B) a guarantee that the State may use its
                percentage of the amounts required for the management
                of the unit to hire additional staff whose terms of
                employment shall be decided by the State; and
                    (C) authority over the unit shall be directed by
                the State and a State-appointed manager, but the
                implementation of its directives may include the
                existing Federal superintendent concerned and performed
                in conjunction with State employees.
            (7) The transfer to the State of any special use permits
        issued to the Secretary with respect to the unit.
            (8) A provision stating that lands currently open to
        mineral entry under the Act of May 10, 1872 (commonly referred
        to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.),
        shall remain open to mineral entry under State law unless
        subsequently changed by a State mineral closing order.
    (g) Applicability of State Law on Qualifying Federal Lands Under
Cooperative Agreement.--State environmental, wildlife, and land
management laws shall supercede Federal environmental, wildlife, and
land management laws on a unit of the National Forest System managed by
a State under a cooperative agreement in place under this section.
    (h) Ownership.--Notwithstanding State management of a unit of the
National Forest System under a cooperative agreement entered into under
this section, the United States shall retain all right, title, and
interest in and to the National Forest System lands within the unit.
    (i) Termination of Cooperative Agreement.--A cooperative agreement
applicable under this section shall terminate, at the discretion of the
Secretary, under the following circumstances:
            (1) The State defaults on a payment, thereby requiring
        Federal entities to assume responsibility for the financial
        liabilities.
            (2) The State is in substantial breach of the cooperative
        agreement as determined by a court of the United States.
            (3) The cooperative agreement terminates under a term
        contained in that agreement.

SEC. 6. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each
calendar year, the Secretary shall submit to the appropriate
congressional committees an annual report specifying--
            (1) the annual volume requirement in effect for that
        calendar year for each unit of the National Forest System;
            (2) the units that did not meet the annual volume
        requirement;
            (3) the units under State management pursuant to section 5;
            (4) the volume of board feet actually harvested for each
        unit;
            (5) the average cost of preparation for sales of national
        forest materials; and
            (6) the revenues generated from such sales.
    (b) Form of Report.--In addition to submitting each report to
Congress, the Secretary shall also make the report available on the
website of the Forest Service.

Output: Strong Forests Grow Strong Communities Act of 2014 - Directs the Secretary of Agriculture (USDA) to publish in the Federal Register and make available on the Forest Service website, the annual volume requirement for each unit of the National Forest System (NFS). Defines the "annual volume requirement" for an NFS unit as a volume of national forest materials (trees, portions of trees, or forest products from NFS lands) that is at least 50% of the unit's sustained yield. Prohibits the Secretary from reducing the annual volume requirement for a unit without the consent of a new Act of Congress. Requires the Secretary to manage the sale of national forest materials in each NFS unit in the manner necessary so that the annual volume requirement for that unit is met each calendar year.  Directs the Secretary, if a sale of national forest materials may affect the continued existence of any endangered or threatened species, to issue a determination explaining the view that the proposed sale is not likely to jeopardize the continued existence of that species.  Authorizes the state in which an NFS unit is located, if the Secretary fails to meet the annual volume requirement for that unit for five calendar years, whether consecutively or over a longer than five-year period, to request a cooperative agreement with the Secretary for purposes of managing the unit. Permits a state that undertakes the management of an NFS unit to conduct the management directly, through an agreement with a political subdivision of the state, or through contracts with third parties. Limits a state's request to only those NFS lands of a unit located in the state if the unit covers more than one state.  Declares that state environmental, wildlife, and land management laws shall supercede federal environmental, wildlife, and management laws on an NSF unit managed by a state under a cooperative agreement in place pursuant to this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Encouraging Work and Supporting
Marriage Act of 2002''.

            TITLE I--ACCELERATION OF MARRIAGE PENALTY RELIEF

SEC. 101. ACCELERATION OF INCREASE IN STANDARD DEDUCTION FOR JOINT
              RETURNS.

    (a) In General.--Paragraph (7) of section 63(c) of the Internal
Revenue Code of 1986, as amended by section 301 of the Economic Growth
and Tax Relief Reconciliation Act of 2001, is amended to read as
follows:
            ``(7) Applicable percentage.--For purposes of paragraph
        (2), the applicable percentage shall be determined in
        accordance with the following table:

                ``For taxable years beginning
                                                         The applicable
                  in calendar year--
                                                        percentage is--
                    2003 or 2004...........................        170
                    2005...................................        174
                    2006...................................        184
                    2007...................................        187
                    2008...................................        190
                    2009 and thereafter....................     200.''.
    (b) Conforming Amendment.--Subsection (d) of section 301 of the
Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by
striking ``December 31, 2004'' and inserting ``December 31, 2002''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.

TITLE II--MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK
                                 CREDIT

SEC. 201. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK
              CREDIT.

    (a) Eligibility of Ex-Felons Determined Without Regard to Family
Income.--Paragraph (4) of section 51(d) of the Internal Revenue Code of
1986 is amended by adding ``and'' at the end of subparagraph (A), by
striking ``, and'' at the end of subparagraph (B) and inserting a
period, and by striking all that follows subparagraph (B).
    (b) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) of such Code is amended
by striking ``25'' and inserting ``30''.
    (c) Clarification of Treatment of Individuals Under Individual Work
Plans.--Subparagraph (B) of section 51(d)(6) of such Code (relating to
vocational rehabilitation referral) is amended by striking ``or'' at
the end of clause (i), by striking the period at the end of clause (ii)
and inserting ``, or'', and by adding at the end the following new
clause:
                            ``(iii) an individual work plan developed
                        and implemented by an employment network
                        pursuant to subsection (g) of section 1148 of
                        the Social Security Act with respect to which
                        the requirements of such subsection are met.''
    (d) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2002.

SEC. 202. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK
              CREDIT.

    (a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting ``, or'', and by adding at the end the following new
subparagraph:
                    ``(I) a long-term family assistance recipient.''
    (b) Long-Term Family Assistance Recipient.--Subsection (d) of
section 51 of such Code is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following new paragraph:
            ``(10) Long-term family assistance recipient.--The term
        `long-term family assistance recipient' means any individual
        who is certified by the designated local agency--
                    ``(A) as being a member of a family receiving
                assistance under a IV-A program (as defined in
                paragraph (2)(B)) for at least the 18-month period
                ending on the hiring date,
                    ``(B)(i) as being a member of a family receiving
                such assistance for 18 months beginning after August 5,
                1997, and
                    ``(ii) as having a hiring date which is not more
                than 2 years after the end of the earliest such 18-
                month period, or
                    ``(C)(i) as being a member of a family which ceased
                to be eligible for such assistance by reason of any
                limitation imposed by Federal or State law on the
                maximum period such assistance is payable to a family,
                and
                    ``(ii) as having a hiring date which is not more
                than 2 years after the date of such cessation.''
    (c) Increased Credit for Employment of Long-Term Family Assistance
Recipients.--Section 51 of such Code is amended by inserting after
subsection (d) the following new subsection:
    ``(e) Credit for Second-Year Wages for Employment of Long-Term
Family Assistance Recipients.--
            ``(1) In general.--With respect to the employment of a
        long-term family assistance recipient--
                    ``(A) the amount of the work opportunity credit
                determined under this section for the taxable year
                shall include 40 percent of the qualified second-year
                wages for such year, and
                    ``(B) in lieu of applying subsection (b)(3), the
                amount of the qualified first-year wages, and the
                amount of qualified second-year wages, which may be
                taken into account with respect to such a recipient
                shall not exceed $10,000 per year.
            ``(2) Qualified second-year wages.--For purposes of this
        subsection, the term `qualified second-year wages' means
        qualified wages--
                    ``(A) which are paid to a long-term family
                assistance recipient, and
                    ``(B) which are attributable to service rendered
                during the 1-year period beginning on the day after the
                last day of the 1-year period with respect to such
                recipient determined under subsection (b)(2).
            ``(3) Special rules for agricultural and railway labor.--If
        such recipient is an employee to whom subparagraph (A) or (B)
        of subsection (h)(1) applies, rules similar to the rules of
        such subparagraphs shall apply except that--
                    ``(A) such subparagraph (A) shall be applied by
                substituting `$10,000' for `$6,000', and
                    ``(B) such subparagraph (B) shall be applied by
                substituting `$833.33' for `$500'.''.
    (d) Repeal of Separate Welfare-to-Work Credit.--
            (1) In general.--Section 51A of such Code is hereby
        repealed.
            (2) Clerical amendment.--The table of sections for subpart
        F of part IV of subchapter A of chapter 1 of such Code is
        amended by striking the item relating to section 51A.
    (e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2002.

            Passed the House of Representatives May 21, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Encouraging Work and Supporting Marriage Act of 2002 - Amends the Internal Revenue Code to increase the standard deduction for the married filing jointly category beginning in calendar year 2003.Modifies the work opportunity credit by: (1) repealing the requirement that a "qualified ex-felon" be a member of a low-income (as specified) family; (2) increasing the maximum age for eligibility of food stamp recipients to 30 years; (3) redefining the term "vocational rehabilitation referral"; (4) adding "long-term family assistance recipients" (as defined) to the definition of "targeted groups"; and (5) increasing the maximum allowable credit for employment of long-term family assistance recipients.Repeals the separate welfare-to-work credit.


Input:
SECTION 1. IMPROVED PROTECTION FOR CONSUMERS.

    (a) Verification of Authorization.--Subsection (a) of section 258
of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as
follows:
    ``(a) Prohibition.--
            ``(1) In general.--No telecommunications carrier or
        reseller of telecommunications services shall submit or execute
        a change in a subscriber's selection of a provider of telephone
        exchange service or telephone toll service except in accordance
        with this section and such verification procedures as the
        Commission shall prescribe.
            ``(2) Verification.--
                    ``(A) In general.--In order to verify a
                subscriber's selection of a telephone exchange service
                or telephone toll service provider under this section,
                the telecommunications carrier or reseller shall, at a
                minimum, require the subscriber--
                            ``(i) to acknowledge the type of service to
                        be changed as a result of the selection;
                            ``(ii) to affirm the subscriber's intent to
                        select the provider as the provider of that
                        service;
                            ``(iii) to affirm that the consumer is the
                        subscriber or is authorized to select the
                        provider of that service for the telephone
                        number in question;
                            ``(iv) to acknowledge that the selection of
                        the provider will result in a change in
                        providers of that service; and
                            ``(v) to provide such other information as
                        the Commission considers appropriate for the
                        protection of the subscriber.
                    ``(B) Additional requirements.--The procedures
                prescribed by the Commission to verify a subscriber's
                selection of a provider shall--
                            ``(i) preclude the use of negative option
                        marketing;
                            ``(ii) provide for verification of a change
                        in telephone exchange service or telephone toll
                        service provider in oral, written, or
                        electronic form; and
                            ``(iii) require the retention of such
                        verification in such manner and form and for
                        such time as the Commission considers
                        appropriate.
            ``(3) Intrastate services.--Nothing in this section shall
        preclude any State commission from enforcing such procedures
        with respect to intrastate services.
            ``(4) Section not to apply to wireless.--This section does
        not apply to a provider of commercial mobile service, as that
        term is defined in section 332(d)(1) of this Act.''.
    (b) Resolution of Complaints.--Section 258 of the Communications
Act of 1934 (47 U.S.C. 258) is amended by adding at the end thereof the
following:
    ``(c) Notice to Subscriber.--Whenever there is a change in a
subscriber's selection of a provider of telephone exchange service or
telephone toll service, the telecommunications carrier or reseller
selected shall notify the subscriber in writing, not more than 15 days
after the change is processed by the telecommunications carrier or the
reseller--
            ``(1) of the subscriber's new carrier; and
            ``(2) that the subscriber may request information regarding
        the date on which the change was agreed to and the name of the
        individual who authorized the change.
    ``(d) Resolution of Complaints.--
            ``(1) Prompt resolution.--
                    ``(A) In general.--The Commission shall prescribe a
                period of time, not in excess of 120 days after a
                telecommunications carrier or reseller receives notice,
                for the telecommunications carrier or reseller to
                resolve a complaint by a subscriber concerning an
                unauthorized change in the subscriber's selection of a
                provider of telephone exchange service or telephone
                toll service.
                    ``(B) Unresolved complaints.--If a
                telecommunications carrier or reseller fails to resolve
                a complaint within the time period prescribed by the
                Commission, then, within 10 days after the end of that
                period, the telecommunications carrier or reseller
                shall--
                            ``(i) notify the subscriber in writing of
                        the subscriber's right to file a complaint with
                        the Commission concerning the unresolved
                        complaint, the subscriber's rights under this
                        section, and all other remedies available to
                        the subscriber concerning unauthorized changes;
                            ``(ii) inform the subscriber in writing of
                        the procedures prescribed by the Commission for
                        filing such a complaint; and
                            ``(iii) provide the subscriber a copy of
                        any evidence in the carrier's or reseller's
                        possession showing that the change in the
                        subscriber's provider of telephone exchange
                        service or telephone toll service was submitted
                        or executed in accordance with the verification
                        procedures prescribed under subsection (a).
            ``(2) Resolution by commission.--The Commission shall
        provide a simplified process for resolving complaints under
        paragraph (1)(B). The simplified procedure shall preclude the
        use of interrogatories, depositions, discovery, or other
        procedural techniques that might unduly increase the expense,
        formality, and time, involved in the process. The Commission
        shall issue an order resolving any such complaint at the
        earliest date practicable, but in no event later than--
                    ``(A) 150 days after the date on which it received
                the complaint, with respect to liability issues; and
                    ``(B) 90 days after the date on which it resolves a
                complaint, with respect to damages issues, if such
                additional time is necessary.
            ``(3) Damages awarded by commission.--In resolving a
        complaint under paragraph (1)(B), the Commission may award
        damages equal to the greater of $500 or the amount of actual
        damages. The Commission may, in its discretion, increase the
        amount of the award to an amount equal to not more than 3 times
        the amount available under the preceding sentence.
    ``(e) Penalty.--
            ``(1) In general.--Unless the Commission determines that
        there are mitigating circumstances, violation of subsection (a)
        is punishable by a fine of not less than $40,000 for the first
        offense, and not less than $150,000 for each subsequent
        offense.
            ``(2) Failure to notify treated as violation of subsection
        (a).--If a telecommunications carrier or reseller fails to
        comply with the requirements of subsection (d)(1)(B), then that
        failure shall be treated as a violation of subsection (a).
    ``(f) Recovery of Fines.--The Commission may take such action as
may be necessary--
            ``(1) to collect any fines it imposes under this section;
        and
            ``(2) on behalf of any subscriber, any damages awarded the
        subscriber under this section.
    ``(g) Change Includes Initial Selection.--For purposes of this
section, the initiation of service to a subscriber by a
telecommunications carrier or a reseller shall be treated as a change
in a subscriber's selection of a provider of telephone exchange service
or telephone toll service.''.
    (c) State Right-of-Action.--Section 258 of the Communications Act
of 1934 (47 U.S.C. 258), as amended by subsection (b), is amended by
adding at the end thereof the following:
    ``(h) Actions by States.--
            ``(1) Authority of states.--Whenever the attorney general
        of a State, or an official or agency designated by a State, has
        reason to believe that a telecommunications carrier or reseller
        has engaged or is engaging in a pattern or practice of changing
        telephone exchange service or telephone toll service provider
        without authority from subscribers in that State in violation
        of this section or the regulations prescribed under this
        section, the State may bring a civil action on behalf of its
        residents to enjoin such unauthorized changes, an action to
        recover for actual monetary loss or receive $500 in damages for
        each violation, or both such actions. If the court finds the
        defendant willfully or knowingly violated such regulations, the
        court may, in its discretion, increase the amount of the award
        to an amount equal to not more than 3 times the amount
        available under the preceding sentence.
            ``(2) Exclusive jurisdiction of federal courts.--The
        district courts of the United States, the United States courts
        of any territory, and the District Court of the United States
        for the District of Columbia shall have exclusive jurisdiction
        over all civil actions brought under this subsection. Upon
        proper application, such courts shall also have jurisdiction to
        issue writs of mandamus, or orders affording like relief,
        commanding the defendant to comply with the provisions of this
        section or regulations prescribed under this section, including
        the requirement that the defendant take such action as is
        necessary to remove the danger of such violation. Upon a proper
        showing, a permanent or temporary injunction or restraining
        order shall be granted without bond.
            ``(3) Rights of commission.--The State shall serve prior
        written notice of any such civil action upon the Commission and
        provide the Commission with a copy of its complaint, except in
        any case where such prior notice is not feasible, in which case
        the State shall serve such notice immediately upon instituting
        such action. The Commission shall have the right--
                    ``(A) to intervene in the action;
                    ``(B) upon so intervening, to be heard on all
                matters arising therein; and
                    ``(C) to file petitions for appeal.
            ``(4) Venue; service of process.--Any civil action brought
        under this subsection in a district court of the United States
        may be brought in the district wherein the defendant is found
        or is an inhabitant or transacts business or wherein the
        violation occurred or is occurring, and process in such cases
        may be served in any district in which the defendant is an
        inhabitant or where the defendant may be found.
            ``(5) Investigatory powers.--For purposes of bringing any
        civil action under this subsection, nothing in this section
shall prevent the attorney general of a State, or an official or agency
designated by a State, from exercising the powers conferred on the
attorney general or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and other
evidence.
            ``(6) Effect on state court proceedings.--Nothing contained
        in this subsection shall be construed to prohibit an authorized
        State official from proceeding in State court on the basis of
        an alleged violation of any general civil or criminal statute
        of such State.
            ``(7) Limitation.--Whenever the Commission has instituted a
        civil action for violation of regulations prescribed under this
        section, no State may, during the pendency of such action
        instituted by the Commission, subsequently institute a civil
        action against any defendant named in the Commission's
        complaint for any violation as alleged in the Commission's
        complaint.
            ``(8) Definition.--As used in this subsection, the term
        `attorney general' means the chief legal officer of a State.
    ``(i) State Law Not Preempted.--Nothing in this section or in the
regulations prescribed under this section shall preempt any State law
that imposes more restrictive intrastate requirements or regulations
on, or which prohibits unauthorized changes in, a subscriber's
selection of a provider of telephone exchange service or telephone toll
service.''.
    (d) Report on Carriers Executing Unauthorized Changes of Telephone
Service.--
            (1) Report.--Not later than October 31, 1998, the Federal
        Communications Commission shall submit to Congress a report on
        unauthorized changes of subscribers' selections of providers of
        telephone exchange service or telephone toll service.
            (2) Elements.--The report shall include the following:
                    (A) A list of the 10 telecommunications carriers
                that, during the 1-year period ending on the date of
                the report, were subject to the highest number of
                complaints of having executed unauthorized changes of
                subscribers from their selected providers of telephone
                exchange service or telephone toll service when
                compared with the total number of subscribers served by
                such carriers.
                    (B) The telecommunications carriers, if any,
                assessed fines under section 258(e) of the
                Communications Act of 1934 (as added by subsection
                (c)), during that period, including the amount of each
                such fine and whether the fine was assessed as a result
                of a court judgment or an order of the Commission or
                was secured pursuant to a consent decree.

SEC. 2. REPORT ON TELEMARKETING PRACTICES.

    (a) In General.--The Federal Communications Commission shall issue
a report within 180 days after the date of enactment of this Act on the
telemarketing practices used by telecommunications carriers or
resellers or their agents or employees for the purpose of soliciting
changes by subscribers of their telephone exchange service or telephone
toll service provider.
    (b) Specific Issues.--As part of the report required under
subsection (a), the Commission shall include findings on--
            (1) the extent to which imposing penalties on telemarketers
        would deter unauthorized changes in a subscriber's selection of
        a provider of telephone exchange service or telephone toll
        service;
            (2) the need for rules requiring third-party verification
        of changes in a subscriber's selection of such a provider; and
            (3) whether wireless carriers should continue to be exempt
        from the verification and retention requirements imposed by
        section 258(a)(2)(B)(iii) of the Communications Act of 1934 (47
        U.S.C. 258(a)(2)(B)(iii)).
    (c) Rulemaking.--If the Commission determines that particular
telemarketing practices are being used with the intention to mislead,
deceive, or confuse subscribers and that they are likely to mislead,
deceive, or confuse subscribers, then the Commission shall initiate a
rulemaking to prohibit the use of such practices within 120 days after
the completion of its report.

Output:
Amends the Communications Act of 1934 to prohibit a telecommunications carrier or a reseller of telecommunications services from submitting or executing a change in a subscriber's selection of a provider of telephone exchange service or toll service, except in accordance with this Act and Federal Communications Commission (FCC) verification procedures.
Requires a carrier or reseller, in verifying a subscriber's selection of a telephone exchange or toll service provider, to require the subscriber to:  (1) acknowledge the type of service to be changed by the selection; (2) affirm the intent to select the service provider; (3) affirm that the consumer is the subscriber or is authorized to make such selection for that telephone number; (4) acknowledge that such selection will result in a change of service provider; and (5) provide any other such information the FCC considers appropriate for the subscriber's protection.
Requires FCC selection verification procedures to:  (1) preclude the use of negative option marketing; (2) provide for verification of a change of provider in oral, written, or electronic form; and (3) require the retention of such verification in a manner and form and for such time as the FCC considers appropriate.
Makes the above provisions inapplicable to providers of commercial mobile service.
Requires a carrier or reseller selected by a subscriber to notify the subscriber in writing not more than 15 days after the change is processed by the carrier or reseller:  (1) of the subscriber's new carrier; and (2) that the subscriber may request information regarding the date of the change and the individual authorizing the change.
Requires the FCC to:  (1) prescribe a period not to exceed 120 days after receipt of notice of a complaint of an unauthorized change for the carrier or reseller to resolve such complaint; and (2) provide a simplified process for resolving such complaints.  Authorizes the FCC, in resolving a complaint, to award damages of:  (1) the greater amount of $500 or actual damages; or (2) three times such amount.
Provides penalties for violations of this Act and authorizes the FCC to collect fines and damages.
Treats an initiation of service as a change in a subscriber's selection for purposes of this Act.
Authorizes a State, when it has reason to believe that a carrier or reseller has or is engaged in a practice of changing service providers without subscriber authority, to bring an action on behalf of its residents to enjoin such changes and to recover damages.  Gives Federal courts exclusive jurisdiction over such actions.  Requires FCC notification of, and authorizes FCC intervention in, any such action.
Requires the FCC to report to the Congress on unauthorized changes in subscribers' providers.
(Sec. 2) Directs the FCC to issue a report on the telemarketing practices used by carriers or resellers to solicit changes by subscribers in their service providers.  Authorizes the FCC to initiate a rulemaking to prohibit particular practices it determines are being used with the intention to mislead, deceive, or confuse subscribers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Health Benefits
Provider Integrity Amendments of 1997''.

SEC. 2. DEBARMENT AND OTHER SANCTIONS.

    (a) Amendments.--Section 8902a of title 5, United States Code, is
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``and'' at the end of
                        subparagraph (B);
                            (ii) by striking the period at the end and
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(D) the term `should know' means that a person, with
        respect to information, acts in deliberate ignorance of, or in
        reckless disregard of, the truth or falsity of the information,
        and no proof of specific intent to defraud is required.''; and
                    (B) in paragraph (2)(A), by striking ``subsection
                (b) or (c)'' and inserting ``subsection (b), (c), or
                (d)'';
            (2) in subsection (b)--
                    (A) by striking ``The Office of Personnel
                Management may bar'' and inserting ``The Office of
                Personnel Management shall bar''; and
                    (B) by amending paragraph (5) to read as follows:
            ``(5) Any provider that is currently suspended or excluded
        from participation under any program of the Federal Government
        involving procurement or nonprocurement activities.'';
            (3) by redesignating subsections (c) through (i) as
        subsections (d) through (j), respectively, and by inserting
        after subsection (b) the following:
    ``(c) The Office may bar the following providers of health care
services from participating in the program under this chapter:
            ``(1) Any provider--
                    ``(A) whose license to provide health care services
                or supplies has been revoked, suspended, restricted, or
                not renewed, by a State licensing authority for reasons
                relating to the provider's professional competence,
                professional performance, or financial integrity; or
                    ``(B) that surrendered such a license while a
                formal disciplinary proceeding was pending before such
                an authority, if the proceeding concerned the
                provider's professional competence, professional
                performance, or financial integrity.
            ``(2) Any provider that is an entity directly or indirectly
        owned, or with a 5 percent or more controlling interest, by an
        individual who is convicted of any offense described in
        subsection (b), against whom a civil monetary penalty has been
        assessed under subsection (d), or who has been debarred from
        participation under this chapter.
            ``(3) Any individual who directly or indirectly owns or has
        a controlling interest in an entity and who knows or should
        know of the action constituting the basis for the entity's
        conviction of any offense described in subsection (b),
        assessment with a civil monetary penalty under subsection (d),
        or debarment from participation under this chapter.
            ``(4) Any provider that the Office determines, in
        connection with claims presented under this chapter, has
        charged for health care services or supplies in an amount
        substantially in excess of such provider's customary charge for
        such services or supplies (unless the Office finds there is
        good cause for such charge), or charged for health care
        services or supplies which are substantially in excess of the
        needs of the covered individual or which are of a quality that
        fails to meet professionally recognized standards for such
        services or supplies.
            ``(5) Any provider that the Office determines has committed
        acts described in subsection (d).'';
            (4) in subsection (d) (as so redesignated by paragraph (3))
        by amending paragraph (1) to read as follows:
            ``(1) in connection with claims presented under this
        chapter, that a provider has charged for a health care service
        or supply which the provider knows or should have known
        involves--
                    ``(A) an item or service not provided as claimed,
                    ``(B) charges in violation of applicable charge
                limitations under section 8904(b), or
                    ``(C) an item or service furnished during a period
                in which the provider was debarred from participation
                under this chapter pursuant to a determination by the
                Office under this section, other than as permitted
                under subsection (g)(2)(B);'';
            (5) in subsection (f) (as so redesignated by paragraph (3))
        by inserting after ``under this section'' the first place it
        appears the following: ``(where such debarment is not
        mandatory)'';
            (6) in subsection (g) (as so redesignated by paragraph
        (3))--
                    (A) by striking ``(g)(1)'' and all that follows
                through the end of paragraph (1) and inserting the
                following:
    ``(g)(1)(A) Except as provided in subparagraph (B), debarment of a
provider under subsection (b) or (c) shall be effective at such time
and upon such reasonable notice to such provider, and to carriers and
covered individuals, as shall be specified in regulations prescribed by
the Office. Any such provider that is debarred from participation may
request a hearing in accordance with subsection (h)(1).
    ``(B) Unless the Office determines that the health or safety of
individuals receiving health care services warrants an earlier
effective date, the Office shall not make a determination adverse to a
provider under subsection (c)(5) or (d) until such provider has been
given reasonable notice and an opportunity for the determination to be
made after a hearing as provided in accordance with subsection
(h)(1).'';
                    (B) in paragraph (3)--
                            (i) by inserting ``of debarment'' after
                        ``notice''; and
                            (ii) by adding at the end the following:
                        ``In the case of a debarment under paragraph
                        (1), (2), (3), or (4) of subsection (b), the
                        minimum period of debarment shall not be less
                        than 3 years, except as provided in paragraph
                        (4)(B)(ii).'';
                    (C) in paragraph (4)(B)(i)(I) by striking
                ``subsection (b) or (c)'' and inserting ``subsection
                (b), (c), or (d)''; and
                    (D) by striking paragraph (6);
            (7) in subsection (h) (as so redesignated by paragraph (3))
        by striking ``(h)(1)'' and all that follows through the end of
        paragraph (2) and inserting the following:
    ``(h)(1) Any provider of health care services or supplies that is
the subject of an adverse determination by the Office under this
section shall be entitled to reasonable notice and an opportunity to
request a hearing of record, and to judicial review as provided in this
subsection after the Office renders a final decision. The Office shall
grant a request for a hearing upon a showing that due process rights
have not previously been afforded with respect to any finding of fact
which is relied upon as a cause for an adverse determination under this
section. Such hearing shall be conducted without regard to subchapter
II of chapter 5 and chapter 7 of this title by a hearing officer who
shall be designated by the Director of the Office and who shall not
otherwise have been involved in the adverse determination being
appealed. A request for a hearing under this subsection shall be filed
within such period and in accordance with such procedures as the Office
shall prescribe by regulation.
    ``(2) Any provider adversely affected by a final decision under
paragraph (1) made after a hearing to which such provider was a party
may seek review of such decision in the United States District Court
for the District of Columbia or for the district in which the plaintiff
resides or has his or her principal place of business by filing a
notice of appeal in such court within 60 days after the date the
decision is issued, and by simultaneously sending copies of such notice
by certified mail to the Director of the Office and to the Attorney
General. In answer to the appeal, the Director of the Office shall
promptly file in such court a certified copy of the transcript of the
record, if the Office conducted a hearing, and other evidence upon
which the findings and decision complained of are based. The court
shall have power to enter, upon the pleadings and evidence of record, a
judgment affirming, modifying, or setting aside, in whole or in part,
the decision of the Office, with or without remanding the case for a
rehearing. The district court shall not set aside or remand the
decision of the Office unless there is not substantial evidence on the
record, taken as whole, to support the findings by the Office of a
cause for action under this section or unless action taken by the
Office constitutes an abuse of discretion.''; and
            (8) in subsection (i) (as so redesignated by paragraph
        (3))--
                    (A) by striking ``subsection (c)'' and inserting
                ``subsection (d)''; and
                    (B) by adding at the end the following: ``The
                amount of a penalty or assessment as finally determined
                by the Office, or other amount the Office may agree to
                in compromise, may be deducted from any sum then or
                later owing by the United States to the party against
                whom the penalty or assessment has been levied.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on the date
        of the enactment of this Act.
            (2) Exceptions.--(A) Paragraphs (2), (3), and (5) of
        section 8902a(c) of title 5, United States Code, as amended by
        subsection (a)(3), shall apply only to the extent that the
        misconduct which is the basis for debarment under such
        paragraph (2), (3), or (5), as applicable, occurs after the
        date of the enactment of this Act.
    (B) Paragraph (1)(B) of section 8902a(d) of title 5, United States
Code, as amended by subsection (a)(4), shall apply only with respect to
charges which violate section 8904(b) of such title for items or
services furnished after the date of the enactment of this Act.
    (C) Paragraph (3) of section 8902a(g) of title 5, United States
Code, as amended by subsection (a)(6)(B), shall apply only with respect
to debarments based on convictions occurring after the date of the
enactment of this Act.

SEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT.

    Section 1128B(f)(1) of the Social Security Act (42 U.S.C. 1320a-
7b(f)(1)), as amended by section 204(a)(7) of the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191; 110
Stat. 2000), is amended by striking ``(other than the health insurance
program under chapter 89 of title 5, United States Code)''.

Output:
Federal Employees Health Benefits Provider Integrity Amendments of 1997 - Amends Federal law, with respect to Federal employees' health insurance coverage under the Federal Employees Health Benefits Program (FEHB), to revise provisions regarding the debarment of any health care provider found to have engaged in fraudulent practices, including requiring (currently permitting) debarment for certain fraudulent practices.
(Sec. 3) Amends the Social Security Act, as amended by the Health Insurance Portability and Accountability Act of 1996, to apply certain criminal health antifraud and abuse sanctions to fraud and abuse involving the FEHB Program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Rights Act''.

SEC. 2. LABOR ORGANIZATION DUES.

    (a) Dues Not Deductible From Pay.--Chapter 71 of title 5, United
States Code, is amended by striking section 7115 and inserting the
following:
``Sec. 7115. Labor organization dues
    ``(a) Dues Not Deductible From Pay.--
            ``(1) In general.--An agency may not deduct any amount from
        the pay of an employee for the dues of a labor organization.
            ``(2) Restriction.--Appropriated funds may not be used to
        pay an employee who makes deductions described in paragraph
        (1).
            ``(3) Definition.--For purposes of this subsection, the
        term `agency' means--
                    ``(A) an Executive agency (as defined in section
                105), the United States Postal Service, and the Postal
                Regulatory Commission;
                    ``(B) an office, agency, or other establishment in
                the legislative branch;
                    ``(C) an office, agency, or other establishment in
                the judicial branch; and
                    ``(D) the government of the District of Columbia.
    ``(b) Prohibition on Use of Dues for Political Purposes.--
            ``(1) In general.--Employee dues collected by a labor
        organization pursuant to this chapter may not be used for any
        purpose not directly related to the organization's collective
        bargaining activities on behalf of the employee under this
        chapter unless, after a notice period of not less than 35 days,
        the employee authorizes such use in writing.
            ``(2) Expiration.--An authorization under paragraph (1)
        shall--
                    ``(A) expire not later than 1 year after the date
                on which such authorization is signed by the employee;
                and
                    ``(B) not provide for an automatic renewal of any
                authorization under this subsection.''.
    (b) Postal Service Amendment.--Section 1205 of title 39, United
States Code, is amended to read as follows:
``Sec. 1205. Prohibition on use of dues for political purposes
    ``(a) Employee dues collected by a labor organization pursuant to
this chapter may not be used for any purpose not directly related to
the organization's collective bargaining activities on behalf of the
employee under this chapter unless, after a notice period of not less
than 35 days, the employee authorizes such use in writing.
    ``(b) An authorization under subsection (a) shall--
            ``(1) expire not later than 1 year after the date on which
        such authorization is signed by the employee; and
            ``(2) not provide for an automatic renewal of any
        authorization under this subsection.''.
    (c) Clerical Amendments.--
            (1) Title 5.--The table of sections at the beginning of
        chapter 71 of title 5, United States Code, is amended by
        striking the item relating to section 7115 and inserting the
        following:

``7115. Labor organization dues.''.
            (2) Title 39.--The table of sections at the beginning of
        chapter 12 of title 39, United States Code, is amended by
        striking the item relating to section 1205 and inserting the
        following:

``1205. Prohibition on use of dues for political purposes.''.
    (d) Effective Dates; Transition Provisions.--
            (1) Effective date.--The amendments made by this section
        shall take effect on the date of enactment of this section.
            (2) Transition provisions.--
                    (A) Current deductions for dues of an exclusive
                representative.--Nothing in this section shall, in the
                case of an assignment received before the date of
                enactment of this section under subsection (a) of
                section 7115 of title 5, United States Code (as then in
                effect), cause the termination of such assignment
                before--
                            (i) the date on which such assignment is
                        revoked, in accordance with the last sentence
                        of such subsection (a) (as last in effect
                        before such date of enactment); or
                            (ii) if earlier, the date determined under
                        paragraph (1) or (2) of subsection (b) of such
                        section 7115 (as last in effect before such
                        date of enactment).
                    (B) Current deductions for dues of other labor
                organizations.--Nothing in this section shall, in the
                case of a voluntary allotment made before the date of
                enactment of this section under subsection (c) of
                section 7115 of title 5, United States Code (as then in
                effect), cause the termination of such allotment before
                the date on which the underlying agreement (under
                authority of which such allotment is being made) ceases
                to have effect, whether by reason of section
                7115(c)(2)(B) of such title 5 (as last in effect before
                such date of enactment) or otherwise.
                    (C) Current deductions for dues of a labor
                organization from postal service employees.--Nothing in
                this section shall, in the case of a written assignment
                received before the date of enactment of this section
                under section 1205 of title 39, United States Code (as
                then in effect), cause the termination of such
                assignment before the date on which such assignment--
                            (i) is revoked in accordance with such
                        section (as last in effect before such date of
                        enactment); or
                            (ii) otherwise expires.
            (3) Nonrenewability.--
                    (A) In general.--An agreement between an agency and
                a labor organization, entered into before the date of
                enactment of this section under subsection (a) or (c)
                of section 7115 of such title 5 (as then in effect),
                shall not, to the extent that it relates to deductions
                for the payment of dues of such labor organization, be
                subject to renewal or extension.
                    (B) Postal service.--A written assignment received
                by the United States Postal Service under section 1205
                of title 39, United States Code (as then in effect) or
                an agreement between the United States Postal Service
                and any organization of employees in effect pursuant to
                1205(b) of such title (as then in effect), shall not,
                to the extent that it relates to deductions for the
                payment of dues of such organization, be subject to
                renewal or extension.
            (4) Definitions.--For purposes of this subsection, the
        terms ``agency'', ``exclusive representative'', and ``labor
        organization'' have the respective meanings given such terms in
        section 7103 of title 5, United States Code.

SEC. 3. REQUIRE MAJORITY VOTE OF EMPLOYEES IN A UNIT TO JOIN UNION.

    (a) In General.--Section 7111 of title 5, United States Code, is
amended--
            (1) in subsection (a), by striking ``who cast valid ballots
        in the election'';
            (2) in subsection (b)(1)(A), by striking ``30 percent'' and
        inserting ``more than 50 percent''; and
            (3) in subsection (f)(4), by striking ``voting'' and insert
        ``in the appropriate unit''.
    (b) Postal Service Amendments.--Section 1203 of title 39, United
States Code, is amended--
            (1) in subsection (c)(1), by striking ``a substantial
        number of employees'' and inserting ``a majority of employees
        in a unit''; and
            (2) in subsection (d), by striking ``30 percent'' and
        inserting ``more than 50 percent''.
    (c) Application.--The amendments made by subsections (a) and (b)
shall apply to any applicable election or petition filed after the date
of enactment of this Act.

SEC. 4. USE OF PERSONAL INFORMATION.

    (a) In General.--Section 7111 of title 5, United States Code, is
amended by adding at the end the following:
    ``(h) During any organizing activity conducted under this chapter,
an employee may elect, in writing, to withhold the employee's personal
information from a labor organization.''.
    (b) Postal Service Amendment.--Section 1203 of title 39, United
States Code, is further amended by adding at the end the following:
    ``(f) During any organizing activity conducted under this chapter,
an employee may elect, in writing, to withhold the employee's personal
information from a labor organization.''.

SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.

    (a) In General.--Section 7111(d) of title 5, United States Code, is
amended by adding at the end after the period the following: ``Any
election under this chapter shall be a secret paper ballot election.''.
    (b) Postal Service Amendment.--Section 1204(a) of title 39, United
States Code, is amended by adding at the end after the period the
following: ``Any election under this chapter shall be a secret paper
ballot election.''.

Output: Federal Employee Rights Act  This bill repeals current authority allowing the deduction of labor organization dues from employee pay and prohibits federal agencies, including executive, legislative, and judicial agencies, the U.S. Postal Service, the Postal Regulatory Commission, and the government of the District of Columbia, from deducting any amount from the pay of an employee for the dues of a labor organization.  The bill prohibits employee dues collected by a labor organization from being used for any purpose not directly related to the organization's collective bargaining activities without employee authorization.  The bill requires a vote of more than 50% of all employees (not just employees who cast ballots) to approve union representation and extends this requirement to postal service employees.  An employee may elect, in writing, to withhold personal information from a labor organization during organizing activity. The bill requires that all elections relating to labor representation, including elections involving postal service employees, have secret paper ballots.