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SECTION 1. CENTENNIAL CHALLENGE PROGRAM.

    Title III of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.), is amended by adding at the end the following:

``SEC. 316. AUTHORITY FOR COMPETITIVE PRIZE AWARD PROGRAM TO ENCOURAGE
              DEVELOPMENT OF ADVANCED SPACE AND AERONAUTICAL
              TECHNOLOGIES.

    ``(a) Program Authorized.--The Administrator may carry out a
program, known as the Centennial Challenge Program, to award prizes to
stimulate innovation in basic and applied research, technology
development, and prototype demonstration that have the potential for
application to the performance of the space and aeronautical activities
of the Administration.
    ``(b) Program Requirements.--
            ``(1) Competitive process.--Recipients of prizes under the
        program under this section shall be selected through one or
        more competitions conducted by the Administrator.
            ``(2) Advertisement of competitions.--The Administrator
        shall widely advertise any competitions conducted under the
        program.
    ``(c) Registration; Assumption of Risk.--
            ``(1) Registration.--Each potential recipient of a prize in
        a competition under the program under this section shall
        register for the competition.
            ``(2) Assumption of risk.--In registering for a competition
        under paragraph (1), a potential recipient of a prize shall
        assume any and all risks, and waive claims against the United
        States Government and its related entities (including
        contractors and subcontractors at any tier, suppliers, users,
        customers, cooperating parties, grantees, investigators, and
        detailees), for any injury, death, damage, or loss of property,
        revenue, or profits, whether direct, indirect, or
        consequential, arising from participation in the competition,
        whether such injury, death, damage, or loss arises through
        negligence or otherwise, except in the case of willful
        misconduct.
    ``(d) Budgeting and Awarding of Funds.--
            ``(1) Availability of funds.--Any funds appropriated to
        carry out this section shall remain available until expended,
        but for not more than 4 fiscal years.
            ``(2) Deposit and withdrawal of funds.--When a prize is
        offered, the total amount of funding made available for that
        prize shall be deposited in the Centennial Challenge Trust
        Fund. If funding expires before a prize is awarded, the
        Administrator shall deposit additional funds in the account to
        ensure the availability of funding for all prizes. If a prize
        competition expires before its goals are met, the Administrator
        may redesignate those funds for a new challenge, but any
        redesignated funds will be considered as newly deposited for
        the purposes of paragraph (3). All cash awards made under this
        section shall be paid from that account.
            ``(3) Overall limit.--The Administrator may not deposit
        more than $25,000,000 annually in the Centennial Challenge
        Trust Fund.
            ``(4) Maximum prize.--No competition under the program may
        result in the award of more than $1,000,000 in cash prizes
        without the approval of the Administrator.
    ``(e) Relationship to Other Authority.--The Administrator may
exercise the authority in this section in conjunction with or in
addition to any other authority of the Administrator to acquire,
support, or stimulate basic and applied research, technology
development, or prototype demonstration projects.''.

SEC. 2. NATIONAL AERONAUTICS AND SPACE FOUNDATION.

    Title III of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.), as amended by section 1, is amended by adding at
the end the following:

``SEC. 317. NATIONAL AERONAUTICS AND SPACE FOUNDATION.

    ``(a) In General.--There is established a charitable and nonprofit
corporation to be known as the National Aeronautics and Space
Foundation.
    ``(b) Purposes.--The purposes of the foundation are--
            ``(1) to encourage private gifts of real and personal
        property or any income therefrom or other interest therein for
        the benefit of, or in connection with, NASA, its activities, or
        its services; and
            ``(2) to further the public's knowledge of and inspiration
        by the Earth, the Earth's atmosphere, space, and celestial
        bodies in space, for current and future generations of
        Americans.
    ``(c) Board of Directors.--
            ``(1) In general.--The Foundation shall be governed by a
        board of directors of 6 individuals appointed by the
        Administrator, in consultation with the chairman and ranking
        member of the Senate Committee on Commerce, Science, and
        Transportation and of the House of Representatives Committee on
        Science. The Administrator shall designate 1 member to serve as
        chair.
            ``(2) Term of office.--Each member shall serve for a term
        of 6 years, except that of the members first appointed to the
        board--
                    ``(A) 1 member shall be appointed for a term of 1
                year;
                    ``(B) 1 member shall be appointed for a term of 2
                years;
                    ``(C) 1 member shall be appointed for a term of 3
                years;
                    ``(D) 1 member shall be appointed for a term of 4
                years;
                    ``(E) 1 member shall be appointed for a term of 5
                years; and
                    ``(F) 1 member shall be appointed for a term of 6
                years.
            ``(3) Vacancies.--An individual appointed to fill a vacancy
        occurring other than by the expiration of a term shall be
        appointed for the remainder of the term of the former member
        the individual succeeds.
            ``(4) Status.--Membership on the Board shall not be deemed
        to be an office within the meaning of the statutes of the
        United States.
            ``(5) Administrator to serve ex officio.--The Administrator
        shall be a member of the board ex officio but without the right
        to vote.
            ``(6) By-laws.--Upon the appointment and qualification of
        all members of the board, the board may by majority vote adopt
        by-laws, adopt an official seal (which shall be judicially
        recognized), and establish a schedule for meetings and a
        mechanism for calling non-scheduled meetings. Except as
        provided in the preceding sentence and unless modified by the
        Board--
                    ``(A) a majority of the members serving shall
                consitute a quorum; and
                    ``(B) the board shall meet at least once each year
                and at the call of the chair.
            ``(7) Compensation and expenses.--No compensation shall be
        paid to the members of the Board for their services as members,
        but they shall be reimbursed for actual and necessary traveling
        and subsistence expenses incurred by them in the performance of
        their duties as such members out of Foundation funds available
        to the Board for such purposes.
    ``(d) Powers and Duties.--
            ``(1) In general.--Except as otherwise provided in this
        section, the Foundation shall have the powers of, and be
        subject to the limitations of, a charitable and nonprofit
        corporation provided under the laws of the State (or the
        District of Columbia) in which it is incorporated.
            ``(2) Perpetual succession; member liability.--The
        Foundation shall have perpetual succession, with all the usual
        powers and obligations of a corporation acting as a trustee,
        including the power to sue and to be sued in its own name, but
        the members of the Board shall not be personally liable, except
        for malfeasance.
            ``(3) Contracts; grants; other instruments.--The Foundation
        shall have the power to enter into contracts or grants, to
        execute instruments, and generally to do any and all lawful
        acts necessary or appropriate to its purposes as approved by
        the board.
            ``(4) Gifts; devises; bequests.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), the Foundation may accept, receive,
                solicit, hold, administer, and use any gifts, devises,
                or bequests, either absolutely or in trust, of real or
                personal property or any income therefrom or other
                interest therein for the benefit of or in connection
                with, NASA, its activities, or its services, including
                a gift, devise, or bequest that is encumbered,
                restricted, or subject to beneficial interests of
                private persons if any current or future interest
                therein is for the benefit of NASA, its activities, or
                its services. For purposes of this paragraph, an
                interest in real property includes easements or other
                rights for preservation, conservation, protection, or
                enhancement by and for the public of natural, scenic,
                historic, scientific, educational, inspirational, or
                recreational resources.
                    ``(B) Limitation.--The Foundation may not accept a
                gift, devise, or bequest which entails any expenditure
                other than from the resources of the Foundation.
    ``(e) Tax Status and Functions.--
            ``(1) Tax-exempt status of foundation.--The Foundation and
        any income or property received or owned by it, and all
        transactions relating to such income or property, shall be
        exempt from all Federal, State, and local taxation with respect
        thereto.
            ``(2) In-lieu-of payments.--The Foundation may, in the
        discretion of the board--
                    ``(A) contribute toward the costs of local
                goverment in amounts not in excess of those which it
                would be obligated to pay such government if it were
                not exempt from taxation under paragraph (A) or by
                virtue of its being a charitable and nonprofit
                corporation; and
                    ``(B) may contribute with respect to property
                transferred to it and the income derived therefrom if
                such agreement is a condition of the transfer.
            ``(3) Deductibility of contributions to foundation.--Gifts
        and other transfers made to or for the use of the Foundation
        shall be regarded as contributions, gifts, or transfers to or
        for the use of the United States.
    ``(f) Cooperative Work With NASA.--
            ``(1) NASA support contracts.--The Administrator may
        contract with the Foundation for the performance of its duties
        and activities in support of the Administration.
            ``(2) NASA may not accept funds from foundation.--Neither
        NASA nor any employee thereof may be authorized to accept funds
        from the Foundation.
            ``(3) Foundation funding may not supplement appropriated
        funds activities.--Except as otherwise specifically provided by
        statute, the Foundation may not obligate or expend funds to
        directly supplement any program or activity of NASA, or any
        other Federal agency, for which appropriated funds may be
        obligated or expended.
    ``(g) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the National Aeronautics and Space
        Administration.
            ``(2) Board.--The term `board' means the board of directors
        of the Foundation.
            ``(3) Foundation.--The term `Foundation' means the National
        Aeronautics and Space Foundation established by subsection (a).
            ``(4) NASA.--The term `NASA' means the National Aeronautics
        and Space Administration.''.

Output: Amends the National Aeronautics and Space Act of 1958 to: (1) authorize the Administrator of the National Aeronautics and Space Administration (NASA) to carry out a Centennial Challenge Program to award prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of NASA's space and aeronautical activities; and (2) establish a charitable and nonprofit corporation to be known as the National Aeronautics and Space Foundation to encourage private gifts of real and personal property for the benefit of, or in connection with, NASA and to further the public's knowledge of, and inspiration by, the Earth and space.


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SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Bankruptcy
Fairness and Employee Benefits Protection Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title.
 TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES

Sec. 101. Prohibition of unfair reductions to employee and retiree
                            benefits.
Sec. 102. Payment of insurance benefits to retirees.
Sec. 103. Fair treatment of compensation.
Sec. 104. Venue; change of venue.
Sec. 105. Protection of benefits in chapter 9 bankruptcy.
Sec. 106. Requirement to make pension contributions.
      TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS

Sec. 201. Notification of extent to which health benefits can be
                            modified or terminated.
Sec. 202. Protection of retirees under certain collectively bargained
                            agreements.
Sec. 203. Comptroller General report.

 TITLE I--FAIRNESS FOR EMPLOYEES AND RETIREES IN CORPORATE BANKRUPTCIES

SEC. 101. PROHIBITION OF UNFAIR REDUCTIONS TO EMPLOYEE AND RETIREE
              BENEFITS.

    (a) Collective Bargaining Agreements.--Section 1113 of title 11,
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``necessary
                modifications in the employees benefits and protections
                that are necessary to permit the reorganization of the
                debtor'' and insert ``minimum modifications in the
                employees benefits and protections that are necessary
                to prevent the liquidation of the debtor''; and
                    (B) by adding at the end the following:
            ``(3)(A) If the proposal made under paragraph (1) provides
        for a modification of the health insurance benefits of
        employees of the debtor, the proposal shall provide for a
        modification of the health insurance benefits of officers and
        directors of the debtor--
                    ``(i) to, at a minimum, be comparable to the
                modification of health insurance benefits of employees
                of the debtor; and
                    ``(ii) such that the health insurance benefits of
                officers and directors are not more generous than those
                of employees of the debtor.
            ``(B) If the proposal made under paragraph (1) provides for
        a modification of any benefit of employees of the debtor other
        than health insurance benefits, including wages and pension
        benefits, the proposal shall provide for a modification of such
        benefit of officers and directors of the debtor that is, at a
        minimum, in an amount equal to the percentage by which such
        benefit of employees of the debtor was modified.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``subsection
                (b)(1)'' and inserting ``paragraphs (1) and (3) of
                subsection (b)'';
                    (B) by redesignating paragraphs (2) and (3) as
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) the debtor established by clear and convincing
        evidence that any modification of the benefits and protections
        of an employee of the debtor proposed under subsection (b)(1)
        is the minimum modification necessary to prevent the
        liquidation of the debtor;''; and
            (3) by adding at the end the following:
    ``(g) The rejection of a collective bargaining agreement under this
section constitutes a breach of the agreement, and shall entitle
employees of the debtor to a claim for damages.''.
    (b) Health Insurance Benefits of Retired Employees.--Section 1114
of title 11, United States Code, is amended--
            (1) in subsection (f)--
                    (A) in paragraph (1)(A), by striking ``necessary
                modifications in the retiree benefits that are
                necessary to permit the reorganization of the debtor''
                and insert ``minimum modifications in the retiree
                benefits that are necessary to prevent the liquidation
                of the debtor''; and
                    (B) by adding at the end the following:
    ``(3) If the proposal made under paragraph (1) provides for a
modification of the health insurance benefits of retired employees of
the debtor, the proposal shall provide for a modification of the health
insurance benefits of officers and directors of the debtor--
            ``(A) to, at a minimum, be comparable to the modification
        of health insurance benefits of retired employees of the
        debtor; and
            ``(B) such that the health insurance benefits of officers
        and directors are not more generous than those of retired
        employees of the debtor.''; and
            (2) in subsection (g)(3), by striking ``necessary to permit
        the reorganization of the debtor'' and insert ``the minimum
        modification necessary to prevent the liquidation of the
        debtor''.

SEC. 102. PAYMENT OF INSURANCE BENEFITS TO RETIREES.

    (a) In General.--Section 1114(j) of title 11, United States Code,
is amended to read as follows:
    ``(j)(1) No claim for retiree benefits shall be limited by section
502(b)(7).
    ``(2)(A) A retired employee whose retiree benefits are modified
under subsection (e)(1) or (g) shall have a claim in an amount equal to
the value of the retiree benefits lost as a result of the modification,
which shall be reduced by the amount paid by a debtor under
subparagraph (B).
    ``(B)(i) In accordance with section 1129(a)(13)(B), a debtor shall
pay a retired employee with a claim under subparagraph (A)--
            ``(I) cash in an amount equal to the 2-year cost of
        premiums for continuation coverage (as defined in section 602
        of the Employee Retirement Income Security Act of 1974 (29
        U.S.C. 1162)) for the retired employee under section 602(3) of
        the Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1162(3)); or
            ``(II) if the retired employee is not eligible for
        continuation coverage, cash in an amount equal to the 2-year
        cost of premiums for a comparable health insurance plan offered
        through a State Exchange, Federally Facilitated Exchange, or
        Federal-State Partnership Exchange established under the
        Patient Protection and Affordable Care Act (42 U.S.C. 18001 et
        seq.).
    ``(ii) Notwithstanding clause (i), if the court determines it to be
in the interest of fairness and equity, the court may require a debtor
to pay a retired employee with a claim under subparagraph (A) cash in
an amount equal to the cost of premiums for continuation coverage under
clause (i)(I) or for a comparable health insurance plan under clause
(i)(II) for a period of more than 2 years.
    ``(iii) The amount paid by a debtor under this subparagraph shall
not exceed the amount of the claim under subparagraph (A).
    ``(C) Any amount of the claim under subparagraph (A) that is not
paid under subparagraph (B) shall be a general unsecured claim.''.
    (b) Confirmation of Plan.--Section 1129(a)(13) of title 11, United
States Code, is amended to read as follows:
            ``(13) The plan provides--
                    ``(A) for the continuation, after the effective
                date of the plan, of the payment of all retiree
                benefits (as defined in section 1114(a)), at the level
                established pursuant to subsection (e)(1) or (g) of
                section 1114, at any time before the confirmation of
                the plan, for the duration of the period the debtor has
                obligated itself to provide such benefits; and
                    ``(B) that the holder of a claim under section
                1114(j)(2)(A) shall receive from the debtor, on the
                effective date of the plan, cash equal to the amount
                calculated under section 1114(j)(2)(B).''.

SEC. 103. FAIR TREATMENT OF COMPENSATION.

    (a) Prohibition of Bonus Payments.--Section 503(c) of title 11,
United States Code, is amended--
            (1) in paragraph (2)(B), by striking ``or'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) a bonus payment to an insider of the debtor,
        including an incentive-based bonus payment; or''.
    (b) Increased Priority Claim Amount for Employee Wages and
Benefits.--Section 507(a) of title 11, United States Code, is amended--
            (1) in paragraph (4)--
                    (A) by striking ``$10,000'' and inserting
                ``$25,000''; and
                    (B) by striking ``180 days'' and inserting ``1
                year''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A), by striking ``180 days''
                and inserting ``1 year''; and
                    (B) in subparagraph (B)(i), by striking ``$10,000''
                and inserting ``$25,000''.
    (c) Recovery of Excess Compensation.--Section 547 of title 11,
United States Code, is amended by adding at the end the following:
    ``(j) The court, upon motion of a party in interest, may prohibit a
transfer of compensation made to an insider of the debtor within 1 year
before the date on which the petition is filed if the court finds,
after notice and hearing, that the transfer--
            ``(1) was not made in the ordinary course of business; or
            ``(2) resulted in unjust enrichment.''.

SEC. 104. VENUE; CHANGE OF VENUE.

    Chapter 87 of title 28, United States Code, is amended--
            (1) by amending section 1408 to read as follows:
``Sec. 1408. Venue of cases under title 11
    ``Except as provided in section 1410, a case under title 11 shall
be commenced in the district court for the district in which the
largest share of employees, retired employees, physical assets, and
operations of the person or entity that is the subject of the case were
located in the year immediately preceding the commencement of the
case.''; and
            (2) in section 1412, by striking ``to a district court for
        another district'' and inserting ``to the district court for
        the district in which the principal place of business in the
        United States of the person or entity that is the subject of
        the case was located in the year immediately preceding the
        commencement of the case''.

SEC. 105. PROTECTION OF BENEFITS IN CHAPTER 9 BANKRUPTCY.

    Section 901(a) of title 11, United States Code, is amended--
            (1) by inserting ``507(a)(4), 507(a)(5),'' after
        ``507(a)(2)'';
            (2) by inserting ``1113, 1114,'' after ``1111(b)''; and
            (3) by inserting ``1129(a)(13),'' after ``1129(a)(10)''.

SEC. 106. REQUIREMENT TO MAKE PENSION CONTRIBUTIONS.

    (a) Requirement To Pay Minimum Funding Contributions.--Subchapter I
of chapter 11 of title 11, United States Code, is amended by adding at
the end the following:
``Sec. 1117. Duty of debtor in possession to make required pension
              contributions
    ``(a) Definitions.--In this section--
            ``(1) the term `pension plan' has the meaning given that
        term under section 3 of the Employee Retirement Income Security
        Act of 1974 (29 U.S.C. 1002); and
            ``(2) the term `required pension contributions' means
        contributions necessary to satisfy the minimum funding
        standards under sections 412 and 430 of the Internal Revenue
        Code of 1986 and sections 302 and 303 of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1082 and
        1083), including any required installment contributions.
    ``(b) Requirement.--A debtor in possession that sponsors a pension
plan or is a member of the controlled group with respect to such a
plan, or the trustee of the debtor in possession, shall--
            ``(1) make all required pension contributions to the
        pension plan that become due after the filing of the petition;
        and
            ``(2) make such contributions on or before the due dates
        specified in section 430(j) of the Internal Revenue Code and
        section 303(j) of the Employee Retirement Income Security Act
        of 1974 (29 U.S.C. 1083(j)).''.
    (b) Treatment as Administrative Expenses.--Section 503(b) of title
11, United States Code, is amended--
            (1) in paragraph (8)(B), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) any required pension contributions under section
        1117 due to be made after the filing of the petition that are
        unpaid.''.
    (c) Perfection of Statutory Liens for Missed Pension
Contributions.--Section 362(b) of title 11, United States Code, is
amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(29) under subsection (a), of any act to perfect, or to
        maintain or continue the perfection of, a statutory lien
        imposed by section 430(k) of the Internal Revenue Code of 1986
        or section 303(k) of the Employee Retirement Income Security
        Act (29 U.S.C. 1083(k)) (which shall not be voidable under
        section 545 of this title), for failure to make contribution
        payments required under those sections, without regard to
        whether such contributions became due or whether such lien
        arose before or after the filing of the petition.''.

      TITLE II--PROTECTION OF EMPLOYEE AND RETIREE HEALTH BENEFITS

SEC. 201. NOTIFICATION OF EXTENT TO WHICH HEALTH BENEFITS CAN BE
              MODIFIED OR TERMINATED.

    (a) Inclusion in Summary Plan Description.--Section 102(b) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1022) is
amended by inserting ``; in the case of a group health plan (as so
defined), whether the provisions of the plan permit the plan sponsor or
any employer participating in the plan to unilaterally modify or
terminate the benefits under the plan with respect to employees,
retired employees, and beneficiaries, and when and to what extent
benefits under the plan are fully vested with respect to employees,
retired employees, and beneficiaries'' after ``the name and address of
such issuer''.
    (b) Presumption That Retired Employee Health Benefits Cannot Be
Modified or Terminated.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end
the following new subsection:
    ``(n) In the case of a suit brought under this title by a
participant or beneficiary relating to benefits of a retired employee
or the dependents of a retired employee under a group health plan (as
defined in section 733(a)(1)), the presumption for purposes of such
suit shall be that as of the date an employee retires or completes 20
years of service with the employer, benefits available under the plan
during retirement of the employee are fully vested and cannot be
modified or terminated for the life of the employee or, if longer, the
life of the employee's spouse. This presumption can be overcome only
upon a showing, by clear and convincing evidence, that the terms of the
group health plan allow for a modification or termination of benefits
available under the plan and that the employee, prior to becoming a
participant in the plan, was made aware, in clear and unambiguous
terms, that the plan allowed for such modification or termination of
benefits.''.

SEC. 202. PROTECTION OF RETIREES UNDER CERTAIN COLLECTIVELY BARGAINED
              AGREEMENTS.

    Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
    ``(h) It shall be an unfair labor practice for any labor
organization and any employer to enter into any contract or agreement,
express or implied, whereby the organization and employer agree to
modify the terms of any previous agreement in a manner that would
result in a reduction or termination of retiree health insurance
benefits provided to an employee or a dependent of an employee under
the previous agreement, if such modification of the terms of the
previous agreement occurs after the date on which the employee
retires.''.

SEC. 203. COMPTROLLER GENERAL REPORT.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the strategies that corporations
use to avoid obligations to pay promised employee and retiree benefits.
    (b) Contents.--The report under subsection (a) shall include a
discussion of--
            (1) the use of spin-offs, mergers, subsidiaries,
        bankruptcies, asset sales, and other strategies to avoid
        obligations to pay promised employee and retiree benefits;
            (2) the impact of such avoidance on the financial,
        physical, and mental well-being of employees and retirees;
            (3) the impact on Federal and State budgets when employers
        terminate or reduce the benefits of employees and retirees,
        including the costs that are incurred when employees and
        retirees seek assistance from Federal and State government
        programs and services as a result of the termination or
        reduction of their employment-related benefits; and
            (4) recommendations to prevent corporations from evading
        contractual obligations to pay employee and retiree benefits.

Output: Bankruptcy Fairness and Employee Benefits Protection Act of 2014 - Amends federal bankruptcy law to require the debtor in possession, prior to filing an application seeking rejection of a collective bargaining agreement, to propose only those minimum modifications to employee and retiree benefits and protections (including health insurance) that are necessary to prevent liquidation of the debtor.  Requires a proposal which modifies employee or retired employee health insurance benefits to modify also the health insurance benefits of the debtor's officers and directors so that their benefits are not more generous than those of debtor's employees.  Requires a proposal which modifies other employee benefits, including wages and pension benefits, also to modify such benefits of the debtor's officers and directors by an amount that, at a minimum, is equal to the percentage by which the employees' benefits are modified.  Conditions court approval of an application for rejection of a collective bargaining agreement upon a finding that the debtor has established by clear and convincing evidence that modification of employee benefits and protections is the minimum modification necessary to prevent the debtor's liquidation.  Declares that rejection of a collective bargaining agreement constitutes a breach of the agreement that entitles debtor's employees to a claim for damages. Grants any retirees whose benefits are modified by a court according to certain procedures a claim equal to the value of benefits lost as a result of the modification. Requires a debtor to pay cash to a retired employee making a claim in an amount equal to the two-year cost of premiums for: (1) continuation coverage; or (2) a comparable health insurance plan offered through a health care exchange established under the Patient Protection and Affordable Care Act.  Authorizes the court to require the debtor to pay such retiree claim in an amount equal to the cost of premiums for continuation of coverage, or for such a health insurance plan, for more than two years.  Prohibits allowance or payment of a bonus payment to an insider of the debtor, including an incentive-based bonus payment.   Increases the priority claim amount for employee wages and benefits.  Authorizes the court to prohibit a transfer of compensation made to an insider of the debtor within one year before the petition is filed if it finds that the transfer: (1) was not made in the ordinary course of business, or (2) resulted in unjust enrichment.  Amends the Judicial Code to require that a case under bankruptcy law be commenced in the district court for the district in which the largest share of employees, retired employees, physical assets, and operations of the person or entity that is the subject of the case were located in the year immediately preceding commencement of the case.  Requires a debtor in possession that sponsors a pension plan or is a member of the controlled group with respect to such a plan, or the trustee of the debtor in possession, to make all required pension contributions that fall due after filing the petition in bankruptcy.  Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits.  Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date.  Directs the Comptroller General (GAO) to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Nuclear Security Initiative
Act of 2002''.

SEC. 2. SECURITY OF NUCLEAR MATERIALS AND FACILITIES WORLDWIDE.

    (a) Sense of Congress on Program To Secure Stockpiles of Highly
Enriched Uranium and Plutonium.--(1) It is the sense of Congress that
the Secretary of Energy, in consultation with the Secretary of State
and Secretary of Defense, should develop a comprehensive program of
activities to encourage all countries with nuclear materials to adhere
to, or to adopt standards equivalent to, the International Atomic
Energy Agency standard on The Physical Protection of Nuclear Material
and Nuclear Facilities (INFCIRC/225/Rev.4), relating to the security of
stockpiles of highly enriched uranium (HEU) and plutonium (Pu).
    (2) To the maximum extent practicable, the program should be
developed in consultation with the Russian Federation, other Group of 8
countries, and other allies of the United States.
    (3) Activities under the program may include specific, targeted
incentives intended to encourage countries that cannot undertake the
expense of conforming to the standard referred to in paragraph (1) to
relinquish their highly enriched uranium or plutonium, including
incentives in which a country, group of countries, or international
body--
            (A) purchases such materials and provides for their
        security (including by removal to another location);
            (B) undertakes the costs of decommissioning facilities that
        house such materials;
            (C) in the case of research reactors, converts such
        reactors to low-enriched uranium reactors; or
            (D) upgrades the security of facilities that house such
        materials in order to meet stringent security standards that
        are established for purposes of the program based upon agreed
        best practices.
    (b) Study of Program To Secure Certain Radiological Materials.--(1)
The Secretary of Energy, acting through the Administrator for Nuclear
Security, shall require the Office of International Materials
Protection, Control, and Accounting of the Department of Energy to
conduct a study to determine the feasibility and advisability of
developing a program to secure radiological materials outside the
United States that pose a threat to the national security of the United
States.
    (2) The study under paragraph (1) shall include the following:
            (A) An identification of the categories of radiological
        materials that are covered by that paragraph, including an
        order of priority for securing each category of such
        radiological materials.
            (B) An estimate of the number of sites at which such
        radiological materials are present.
            (C) An assessment of the effort required to secure such
        radiological materials at such sites, including--
                    (i) a description of the security upgrades, if any,
                that are required at such sites;
                    (ii) an assessment of the costs of securing such
                radiological materials at such sites;
                    (iii) a description of any cost-sharing
                arrangements to defray such costs;
                    (iv) a description of any legal impediments to such
                effort, including a description of means of overcoming
                such impediments; and
                    (v) a description of the coordination required for
                such effort among appropriate United States Government
                entities (including the Nuclear Regulatory Commission),
                participating countries, and international bodies
                (including the International Atomic Energy Agency).
            (D) A description of the pilot project undertaken in
        Russia.
    (3) In identifying categories of radiological materials under
paragraph (2)(A), the Secretary shall take into account matters
relating to specific activity, half-life, radiation type and energy,
attainability, difficulty of handling, and toxicity, and such other
matters as the Secretary considers appropriate.
    (4) Not later than one year after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the study
conducted under this subsection. The report shall include the matters
specified under paragraph (2) and such other matters, including
recommendations, as the Secretary considers appropriate as a result of
the study.
    (5) In this subsection, the term ``radiological material'' means
any radioactive material, other than plutonium or uranium enriched
above 20 percent uranium-235.
    (c) Study of Actions To Address Terrorist Threat to Nuclear Power
Plants Outside the United States.--(1) The Secretary of Energy shall,
in consultation with the Nuclear Regulatory Commission and the
International Atomic Energy Agency, conduct a study of the feasibility
and advisability of various actions to reduce the risks associated with
terrorist attacks on nuclear power plants outside the United States.
    (2) Not later than nine months after the date of the enactment of
this Act, the Secretary shall submit to Congress a report on the
results of the study under paragraph (1). The report shall include the
following:
            (A) A description of the actions studied.
            (B) An assessment of the feasibility and advisability of
        undertaking one or more such actions.
            (C) Any other matters, including recommendations, that the
        Secretary considers appropriate.
    (d) Amendment of Convention on Physical Protection of Nuclear
Materials.--(1) It is the sense of Congress that the President should
encourage amendment of the Convention on the Physical Protection of
Nuclear Materials in order to provide that the Convention shall--
            (A) apply to both the domestic and international use and
        transport of nuclear materials;
            (B) incorporate fundamental practices for the physical
        protection of such materials; and
            (C) address protection against sabotage involving nuclear
        materials.
    (2) In this subsection, the term ``Convention on the Physical
Protection of Nuclear Materials'' means the Convention on the Physical
Protection of Nuclear Materials, With Annex, done at Vienna on October
26, 1979.

Output: Global Nuclear Security Initiative Act of 2002 - Expresses the sense of Congress that the Secretary of Energy should develop a comprehensive program of activities to encourage all countries with nuclear materials to adhere to, or adopt standards equivalent to, the International Atomic Energy Agency standard on the Physical Protection of Nuclear Material and Nuclear Facilities relating to the security of stockpiles of highly enriched uranium and plutonium. Directs the Secretary to require the Office of International Materials Protection, Control, and Accounting of the Department of Energy to conduct a study of the feasibility and advisability of developing a program to secure radiological materials outside the United States that pose a threat to U.S. national security. Requires the Secretary to report to Congress on: (1) such study's results; and (2) results of a study by the Secretary of the feasibility and advisability of various actions to reduce the risks associated with terrorist attacks on nuclear power plants outside the United States.Expresses the sense of Congress that the President should encourage amendment of the Convention on the Physical Protection of Nuclear Materials to make it: (1) apply to both domestic and international use and transport of nuclear materials; (2) incorporate fundamental practices for the physical protection of such materials; and (3) address protection against sabotage involving nuclear materials.


Input:
SECTION 1. URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND.

    (a) Expenditures Beginning October 1, 1999.--Notwithstanding any
other law, beginning on October 1, 1999, the Secretary of Energy may
expend amounts collected under subsections (c) and (d) of section 1802
of the Atomic Energy Act of 1954 (42 U.S.C. section 2297g-1 (c), (d))
for the purposes set forth in subsections (b) and (c) of section 1803
of such Act (42 U.S.C. 2297g-2 (b), (c)) without further appropriation
and without fiscal year limitation.
    (b) Expenditures Beginning October 1, 2008.--Notwithstanding any
other law, beginning October 1, 2008, the Secretary of Energy may
expend amounts in the fund established by section 1801 of the Atomic
Energy Act of 1954 (42 U.S.C. 2297g) for the purposes set forth in
subsections (b) and (c) of section 1803 of such Act (42 U.S.C. section
2297g-1 (c), (d)) without further appropriation and without fiscal year
limitation but subject to limitations that may be included in
appropriations Acts.

SEC. 2. ALLOCATION OF FUNDS.

    (a) In General.--The funds referred to in section 1 shall be
allocated to each decontamination and decommissioning program of the 3
gaseous diffusion plants in, Portsmouth, Ohio, Paducah, Kentucky, and
Oak Ridge, Tennessee, proportional to the total number of Separative
Work Units processed at each such site. Such units shall be calculated
as of the date of enactment of this Act. The Secretary of Energy shall
report the allocation to Congress within 60 days of such date of
enactment.
    (b) Advance Notification of Termination of Lease.--Upon receiving
advance notification that the United States Enrichment Corporation, or
its affiliates, is terminating all or part of its lease with the
Department of Energy at the gaseous diffusion plant at Portsmouth,
Ohio, or Paducah, Kentucky, the Department of Energy shall notify local
and State officials, the congressional delegation, employee
representatives, and community reuse organizations (if any).
    (c) Decontamination and Decommissioning Program.--If such a lease
is terminated, in whole or in part, the Department of Energy shall,
within 60 days, make a determination whether it will lease the facility
involved in the lease to a successor entity, operate the facility as a
government enterprise, operate the facility on standby, or close all or
part of the operations of the facility. In the event that the
Department of Energy determines that it will no longer operate or lease
all or part of a gaseous diffusion plant, the Department of Energy
shall immediately initiate a decontamination and decommissioning
program. Within 30 days of such decision, the Department of Energy
shall immediately commence all required environmental reviews,
including compliance with the National Environmental Policy Act of
1969.
    (d) Report.--The Secretary of Energy shall transmit to Congress a
decontamination and decommissioning program for the Portsmouth, Ohio
and Paducah, Kentucky, gaseous diffusion plants no later than 180 days
after the date a decision has been made to close all or part of one of
the gaseous diffusion plants.

SEC. 3. PORTSMOUTH AND PADUCAH OPERATIONS OFFICE.

    (a) In General.--The Department of Energy shall establish, not
later than March 30, 2000, a Portsmouth and Paducah Operations Office.
The office shall manage the environmental restoration, nuclear energy,
and uranium enrichment program activities at such 2 sites. The office
shall be provided with budget authority and contracting authority over
existing contracts and authority to award new contracts. The office
shall manage and direct, among other projects, the depleted uranium
hexafluoride conversion program and decontamination and decommissioning
program. The office shall also have its own capacity to perform
environmental, safety, health, and financal oversight.
    (b) Plan.--The Department shall submit, not later than 60 days
after the date of enactment of this Act, a plan for establishing the
Portsmouth and Paducah Operations Office. The plan shall describe
actions required to transfer functions from the Oak Ridge Operations
Office to the Portsmouth and Paducah Operations Office. The plan shall
outline the personnel transfers, full-time equivalent requirements,
budget requirements, physical space requirements, and identify the
source of funds to accomplish the transfer of personnel, documents, and
support systems. The plan shall include the provision for legal counsel
and chief financial officer and describe the reporting relationships to
the Headquarters Program Office. The plan shall detail which Operations
Office functions shall be located at the Portsmouth Plant Area Office
versus the Paducah Plant Area Office.
    (c) President's Budget.--The President's Budget request for fiscal
year 2001 and for each fiscal year thereafter shall include funding for
the Portsmouth and Paducah Operations Office as a separate line item
from the Oak Ridge Operations Office budget.

SEC. 4. CLOSURE OF GASEOUS DIFFUSION PLANT.

    The Department of Energy shall minimize the social and economic
impacts of any decisions related to the closure of all or part of a
gaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky. As
part of this effort, all contracts and subcontracts for safe shutdown,
deactivation, decontamination, and decommissioning work at
such Department of Energy's gaseous diffusion plants shall include
requirements that--
            (1) consistent with site seniority practices, contractors
        and subcontractors of all tiers directly provide a continuing
        right of first refusal for available work to gaseous diffusion
        plant employees and Department of Energy contractor employees
        who were employed on the date of enactment of this Act and are
        displaced or facing displacement and are qualified or can
        qualify with a reasonable amount of training;
            (2) contractors and subcontractors provide requisite
        training and retraining for incumbent employees not to exceed
        $10,000 per worker, excluding wages and time spent in training;
            (3) pay wages and benefits not less than wages and fringes
        provided under the Service Contract Act of 1965, and provide
        pension and retiree health care benefit continuity using the
        Multiple Employer Pension Plan now in place at the Portsmouth,
        Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee sites or an
        equivalent instrument;
            (4) comply with the workforce restructuring plan
        promulgated by the Department of Energy pursuant to section
        3161 of the National Defense Authorization Act for Fiscal Year
        1993 (42 U.S.C. 7274h); and
            (5) suits alleging violations of this section may be
        brought in any district court of the United States having
        jurisdiction over the parties, without regard to the amount in
        controversy or citizenship of the parties.

Output:
(Sec. 2) Mandates allocation of such funds to each decontamination and decommissioning program of the gaseous diffusion plants in Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each site.
Sets forth procedural guidelines for possible termination by the United States Enrichment Corporation of its lease with the Department of Energy (DOE).
Instructs the Secretary to transmit a decontamination and decommissioning program for the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants after the date a decision has been made to close all or part of one of the gaseous diffusion plants.
(Sec. 3) Directs DOE to establish a Portsmouth and Paducah Operations Office to manage environmental restoration, nuclear energy, and uranium enrichment program activities.
Mandates that the President's Budget request for FY2001 and for each fiscal year thereafter include funding for such Office as a separate line item from the Oak Ridge Operations Office budget.
(Sec. 4) Sets forth closure requirements to minimize social and economic impacts relating to partial or total closures of the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Health Insurance Portability
Protection Act of 1997''.

SEC. 2. APPLYING HEALTH INSURANCE PORTABILITY PROTECTIONS TO STUDENTS
              UNDER COLLEGE-SPONSORED HEALTH PLANS.

    (a) In General.--Title XXVII of the Public Health Service Act, as
added by section 102(a) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191), is amended by
inserting after section 2723 the following new section:

``SEC. 2724. APPLICATION OF PORTABILITY PROTECTIONS TO STUDENTS UNDER
              COLLEGE-SPONSORED HEALTH PLANS.

    ``(a) In General.--Subject to the succeeding provisions of this
section, the provisions of subpart 1 shall apply to health insurance
coverage offered in connection with a college-sponsored health plan (as
defined in subsection (b)) in the same manner as they apply to health
insurance coverage offered in connection with a group health plan.
    ``(b) College-Sponsored Health Plan Defined.--For purposes of this
section, the term `college-sponsored health plan' means health benefits
offered by or through an institution of higher education (as defined in
section 481(a) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)))
in relation to students at the institution, but does not include
benefits offered to such a student as a participant or beneficiary in a
group health plan.
    ``(c) Application of Exceptions, Enforcement, Preemption;
Definitions.--In applying subsection (a)--
            ``(1) subject to paragraph (2), the previous provisions of
        this subpart shall apply in relation to such subsection in the
        same manner as they apply in relation to subpart 1; and
            ``(2) in applying the other provisions of this title under
        this section--
                    ``(A) any reference in such provisions to a group
                health plan is deemed a reference to a college-
                sponsored health plan;
                    ``(B) any reference in such provisions to a
                participant or beneficiary in a group health plan is
                deemed a reference to an enrollee in a college-
                sponsored health plan; and
                    ``(C) any reference in such provisions to an
                employee in relation to the group health plan is deemed
                a reference to a student in relation to the college-
                sponsored health plan.''.
    (b) Clarification of Coverage Under College-Sponsored Health Plan
as Creditable Coverage.--
            (1) Amendment to public health service act.--Section
        2701(c)(1)(B) of the Public Health Service Act (42 U.S.C.
        300gg(c)(1)(B)) is amended by inserting ``(including such
        coverage under a college-sponsored health plan, as defined in
        section 2724(b))'' after ``coverage''.
            (2) Amendment to employee retirement income security act of
        1974.--Section 701(c)(1)(B) of the Employee Retirement Income
        Security Act of 1974 (29 U.S.C. 1181(c)(1)(B)) is amended by
        inserting ``(including such coverage under a college-sponsored
        health plan, as defined in section 2724(b) of the Public Health
        Service Act)'' after ``coverage''.
            (3) Amendment to the internal revenue code of 1986.--
        Section 9801(c)(1)(B) of the Internal Revenue Code of 1986 is
        amended by inserting ``(including such coverage under a
        college-sponsored health plan, as defined in section 2724(b) of
        the Public Health Service Act)'' after ``coverage''.
    (c) Effective Date; Transition.--
            (1) Effective date.--The amendment made by subsection (a)
        shall apply to coverage under college-sponsored health plans
        for students matriculating or enrolling for periods beginning
        on or after August 1, 1997, and the amendments made by
        subsection (b) shall be effective as if included in the
        enactment of the corresponding provisions in the Health
        Insurance Portability and Accountability Act of 1996 (Public
        Law 104-191).
            (2) Crediting permitted for certain previous coverage.--
        Creditable coverage occurring on or after July 1, 1996, shall
        be taken into account in applying section 2724(a) of the Public
        Health Service Act.
            (3) Certifications, etc.--Insofar as the certification
        requirements of section 2743 of the Public Health Service Act
        are not otherwise applicable to health insurance coverage under
        a college-sponsored health plan (as defined in subsection (b)
        of section 2724 of such Act), subsection (e) of section 2701 of
        the Public Health Service Act shall apply (as incorporated
        under subsection (a) of such section 2724) to the issuer of
        such coverage with respect to events occurring after April 7,
        1997; but in no case is a certification required to be provided
        under such section 2724 pursuant to such subsection (e) before
        60 days after the date of the enactment of this Act.

Output:
Student Health Insurance Portability Protection Act of 1997 - Amends the Public Health Service Act to apply health insurance portability, access, and renewability requirements to coverage offered in connection with a college-sponsored health plan as they apply to a group health plan.
Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to include coverage under a college-sponsored plan in the definition of "creditable coverage."


Input:
SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary for Indian Health appointed under
        subsection (b)(2)(A).
            (2) Department.--The term ``Department'' means the
        Department of Health and Human Services.
            (3) Office.--The term ``Office'' means the Office of the
        Assistant Secretary for Indian Health established by subsection
        (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
    (b) Establishment.--
            (1) In general.--There is established within the Department
        the Office of the Assistant Secretary for Indian Health.
            (2) Assistant secretary.--
                    (A) In general.--Except as provided in subparagraph
                (B), the Office shall be headed by an Assistant
                Secretary for Indian Health, to be appointed by the
                President, by and with the advice and consent of the
                Senate.
                    (B) Continued service by incumbent.--The individual
                serving in the position of Director of the Indian
                Health Service on the day before the date of enactment
                of this Act may serve as Assistant Secretary at the
                pleasure of the President after the date of enactment
                of this Act.
            (3) Duties.--The position of Assistant Secretary is
        established to, in a manner consistent with the government-to-
        government relationship between the United States and Indian
        tribes--
                    (A) facilitate advocacy for the development of
                appropriate Indian health policy; and
                    (B) promote consultation on matters relating to
                Indian health.
    (c) Assistant Secretary for Indian Health.--In addition to the
functions performed as of the date of enactment of this Act by the
Director of the Indian Health Service, the Assistant Secretary shall--
            (1) report directly to the Secretary concerning all policy-
        and budget-related matters affecting Indian health;
            (2) collaborate with the Assistant Secretary for Health
        concerning appropriate matters of Indian health that affect the
        agencies of the Public Health Service;
            (3) advise each Assistant Secretary of the Department
        concerning matters of Indian health with respect to which that
        Assistant Secretary has authority and responsibility;
            (4) advise the heads of other agencies and programs of the
        Department concerning matters of Indian health with respect to
        which those heads have authority and responsibility;
            (5) coordinate the activities of the Department concerning
        matters of Indian health; and
            (6) perform such other functions as the Secretary may
        designate.
    (d) Rate of Pay.--
            (1) Positions at level iv.--Section 5315 of title 5, United
        States Code, is amended by striking ``Assistant Secretaries of
        Health and Human Services (6).'' and inserting ``Assistant
        Secretaries of Health and Human Services (7).''.
            (2) Positions at level v.--Section 5316 of title 5, United
        States Code, is amended by striking ``Director, Indian Health
        Service, Department of Health and Human Services.''.
    (e) Duties of Assistant Secretary for Indian Health.--Section 601
of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended
by striking the section heading and all that follows through subsection
(a) and inserting the following:

``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF
              THE PUBLIC HEALTH SERVICE.

    ``(a) Establishment.--
            ``(1) In general.--In order to more effectively and
        efficiently carry out the responsibilities, authorities, and
        functions of the United States to provide health care services
        to Indians and Indian tribes, there is established within the
        Public Health Service of the Department of Health and Human
        Services the Indian Health Service.
            ``(2) Administration.--The Indian Health Service shall be
        administered by the Assistant Secretary for Indian Health.
            ``(3) Duties.--In carrying out paragraph (2), the Assistant
        Secretary shall--
                    ``(A) report directly to the Secretary concerning
                all policy- and budget-related matters affecting Indian
                health;
                    ``(B) collaborate with the Assistant Secretary for
                Health concerning appropriate matters of Indian health
                that affect the agencies of the Public Health Service;
                    ``(C) advise each Assistant Secretary of the
                Department of Health and Human Services concerning
                matters of Indian health with respect to which that
                Assistant Secretary has authority and responsibility;
                    ``(D) advise the heads of other agencies and
                programs of the Department of Health and Human Services
                concerning matters of Indian health with respect to
                which those heads have authority and responsibility;
                    ``(E) coordinate the activities of the Department
                of Health and Human Services concerning matters of
                Indian health; and
                    ``(F) perform such other functions as the Secretary
                may designate.''.
    (f) Conforming Amendments.--
            (1) Amendments to indian health care improvement act.--The
        Indian Health Care Improvement Act is amended--
                    (A) in section 601 (25 U.S.C. 1661)--
                            (i) in subsection (c), by striking
                        ``Director of the Indian Health Service'' each
                        place it appears and inserting ``Assistant
                        Secretary for Indian Health''; and
                            (ii) in subsection (d)(1), by striking
                        ``Director of the Indian Health Service'' and
                        inserting ``Assistant Secretary for Indian
                        Health''; and
                    (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)),
                by striking ``Director of the Indian Health Service''
                and inserting ``Assistant Secretary for Indian
                Health''.
            (2) Amendments to other provisions of law.--
                    (A) Section 3307(b)(1)(C) of the Children's Health
                Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310)
                is amended by striking ``Director of the Indian Health
                Service'' and inserting ``Assistant Secretary for
                Indian Health''.
                    (B) The Indian Lands Open Dump Cleanup Act of 1994
                is amended--
                            (i) in section 3 (25 U.S.C. 3902)--
                                    (I) by striking paragraph (2);
                                    (II) by redesignating paragraphs
                                (1), (3), (4), (5), and (6) as
                                paragraphs (4), (5), (2), (6), and (1),
                                respectively, and moving those
                                paragraphs so as to appear in numerical
                                order; and
                                    (III) by inserting before paragraph
                                (4) (as redesignated by subclause (II))
                                the following:
            ``(3) Assistant secretary.--The term `Assistant Secretary'
        means the Assistant Secretary for Indian Health.'';
                            (ii) in section 5 (25 U.S.C. 3904), by
                        striking the section heading and inserting the
                        following:

``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.'';

                            (iii) in section 6(a) (25 U.S.C. 3905(a)),
                        in the subsection heading, by striking
                        ``Director'' and inserting ``Assistant
                        Secretary'';
                            (iv) in section 9(a) (25 U.S.C. 3908(a)),
                        in the subsection heading, by striking
                        ``Director'' and inserting ``Assistant
                        Secretary''; and
                            (v) by striking ``Director'' each place it
                        appears and inserting ``Assistant Secretary''.
                    (C) Section 5504(d)(2) of the Augustus F. Hawkins-
                Robert T. Stafford Elementary and Secondary School
                Improvement Amendments of 1988 (25 U.S.C. 2001 note;
                Public Law 100-297) is amended by striking ``Director
                of the Indian Health Service'' and inserting
                ``Assistant Secretary for Indian Health''.
                    (D) Section 203(a)(1) of the Rehabilitation Act of
                1973 (29 U.S.C. 763(a)(1)) is amended by striking
                ``Director of the Indian Health Service'' and inserting
                ``Assistant Secretary for Indian Health''.
                    (E) Subsections (b) and (e) of section 518 of the
                Federal Water Pollution Control Act (33 U.S.C. 1377)
                are amended by striking ``Director of the Indian Health
                Service'' each place it appears and inserting
                ``Assistant Secretary for Indian Health''.
                    (F) Section 317M(b) of the Public Health Service
                Act (42 U.S.C. 247b-14(b)) is amended--
                            (i) by striking ``Director of the Indian
                        Health Service'' each place it appears and
                        inserting ``Assistant Secretary for Indian
                        Health''; and
                            (ii) in paragraph (2)(A), by striking ``the
                        Directors referred to in such paragraph'' and
                        inserting ``the Director of the Centers for
                        Disease Control and Prevention and the
                        Assistant Secretary for Indian Health''.
                    (G) Section 417C(b) of the Public Health Service
                Act (42 U.S.C. 285-9(b)) is amended by striking
                ``Director of the Indian Health Service'' and inserting
                ``Assistant Secretary for Indian Health''.
                    (H) Section 1452(i) of the Safe Drinking Water Act
                (42 U.S.C. 300j-12(i)) is amended by striking
                ``Director of the Indian Health Service'' each place it
                appears and inserting ``Assistant Secretary for Indian
                Health''.
                    (I) Section 803B(d)(1) of the Native American
                Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is
                amended in the last sentence by striking ``Director of
                the Indian Health Service'' and inserting ``Assistant
                Secretary for Indian Health''.
                    (J) Section 203(b) of the Michigan Indian Land
                Claims Settlement Act (Public Law 105-143; 111 Stat.
                2666) is amended by striking ``Director of the Indian
                Health Service'' and inserting ``Assistant Secretary
                for Indian Health''.
    (g) References.--Any reference to the Director of the Indian Health
Service in any other Federal law, Executive order, rule, regulation, or
delegation of authority, or in any document of or relating to the
Director of the Indian Health Service, shall be deemed to refer to the
Assistant Secretary.

            Passed the Senate July 16, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Output: Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to facilitate advocacy for the development of appropriate Indian health policy, and promote consultation on matters related to Indian health, in a manner consistent with the government-to-government relationship between the United States and Indian tribes. Elevates the position of Director of the Indian Health Service to such Assistant Secretary position. Makes the Indian Health Service an agency of the Public Health Service.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Bureau of Investigation
First Amendment Protection Act of 1993''.

SEC. 2. INVESTIGATION AUTHORIZATION AND INVESTIGATION STANDARDS.

    (a) In General.--Except as provided in section 7, the Federal
Bureau of Investigation (hereinafter in this Act referred to as the
``Bureau'') shall not initiate or conduct any investigation that may
involve the collection of information about the exercise by a United
States person of first amendment rights (hereinafter in this Act
referred to as an ``investigation covered by this Act''), other than in
accordance with the limitations and requirements established by and
under this Act.
    (b) Guidelines by Attorney General.--The Attorney General shall
issue publicly available guidelines for investigations covered by this
Act. Such guidelines shall implement this Act.

SEC. 3. INVESTIGATION AUTHORIZATION PROCEDURES.

    (a) Requirement of Finding by Director.--
            (1) In general.--Except as provided in subsection (c), the
        Bureau shall not initiate an investigation covered by this Act,
        unless the Director of the Bureau, or the Director's designee,
        finds in writing that--
                    (A) specific and articulable facts reasonably
                indicate that the subject of the investigation has
                engaged, is engaging, or is about to engage in a
                Federal criminal offense; and
                    (B) that the investigation is warranted, taking
                into consideration the magnitude of the suspected
                criminal offense, the likelihood it would occur, and
                the danger to privacy and the exercise of first
                amendment rights.
            (2) Citation of Law.--Such finding shall include a citation
        of the specific section of law establishing the criminal
        offense.
    (b) Special Rule if Organization is Target.--If such investigation
is directed at an organization engaging in the exercise of rights under
the first article of amendment to the Federal Constitution, such
finding must also set forth specific and articulable facts reasonably
indicating that all or most of the members of the organization have
engaged, are engaging, or are about to engage in a Federal criminal
offense.
    (c) Exception.--Employees of the Bureau, designated for this
purpose by the Director of the Bureau, may initiate an investigation
without a finding under subsection (a) if exigent circumstances so
require. However, an investigation initiated under this subsection must
cease not later than 7 days after the date it is initiated, unless a
finding of the sort required under subsection (a) is made.

SEC. 4. INVESTIGATIVE STANDARDS.

    (a) Least Intrusive Techniques and Minimization Procedures to be
Used.--In the conduct of any investigation covered by this Act, the
Bureau shall--
            (1) seek to gather only information relevant to Federal
        criminal offenses;
            (2) employ the least intrusive techniques available to
        gather information; and
            (3) follow procedures to minimize the acquisition,
        retention, or dissemination of any information relating to the
        exercise of first amendment rights or individual privacy.
    (b) Disposition of Certain Records.--Except as provided in this
subsection, the Bureau shall not disseminate or use any record,
identifiable to a United States person, resulting from any
investigation prohibited by this Act. The Bureau shall allow the person
to which such record relates to examine that record.
    (c) Periodic Review of Investigations.--An Assistant Director of
the Bureau shall at least once every 90 days, and the Department of
Justice shall at least once every 180 days, review each open
investigation covered by this Act. Such review shall assure that--
            (1) there is a continuing basis for the investigation; and
            (2) the requirements of this section are being met with
        respect to such investigation.

SEC. 5. CIVIL REMEDY.

    Any person aggrieved by a violation of this Act may in a civil
action against the United States recover appropriate relief, including
whichever is the greater of actual damages or $10,000.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) first amendment rights include any right protected
        under the first article of amendment to the Constitution of the
        United States;
            (2) the Bureau includes each agent or other person or
        entity acting under authority of the Bureau; and
            (3) the term ``United States person'' has the meaning given
        that term in section 1801 of title 50, United States Code.

SEC. 7. NONAPPLICABILITY TO BACKGROUND INVESTIGATIONS.

    This Act does not apply to background investigations conducted with
the consent of the subject regarding--
            (1) nominees to judicial and executive branch positions
        requiring the advice and consent of the Senate;
            (2) employees of the Department of Justice, or any
        component thereof; or
            (3) the granting or retention of security clearances.

Output: Federal Bureau of Investigation First Amendment Protection Act of 1993 - Prohibits the Federal Bureau of Investigation from conducting any investigation that may involve the collection of information about the exercise by a U.S.  person of first amendment rights, except in conformance with specified procedures and standards.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Savings and Employee
Notification Act of 2003''.

SEC. 2. REPEAL TAX BENEFITS RELATING TO COMPANY-OWNED LIFE INSURANCE.

    (a) Inclusion of Life Insurance Investment Gains.--Section 72 of
the Internal Revenue Code of 1986 (relating to annuities; certain
proceeds of endowment and life insurance contracts) is amended by
inserting after subsection (j) the following new subsection:
    ``(k) Treatment of Nonqualified Company-Owned Life Insurance
Contracts.--
            ``(1) In general.--In the case of a nonqualified company-
        owned life insurance contract, the income on the contract (as
        determined under section 7702(g)) for any taxable year shall be
        includible in gross income for such year.
            ``(2) Nonqualified company-owned life insurance contract.--
        For the purposes of paragraph (1)--
                    ``(A) In general.--The term `nonqualified company-
                owned life insurance contract' means any life insurance
                policy or endowment contract held by any entity engaged
                in a trade or business.
                    ``(B) Exceptions.--Such term shall not include--
                            ``(i) any policy or contract covering the
                        life solely of individuals who are key persons
                        (as defined in section 264(e)(3)),
                            ``(ii) any contract which is acquired by
                        the estate of a decedent by reason of the death
                        of the decedent,
                            ``(iii) any contract which is held under a
                        plan described in section 401(a) or 403(a),
                        under a program described in section 403(b), or
                        under an individual retirement plan,
                            ``(iv) any contract which is a qualified
                        funding asset (as defined in section 130(d),
                        but without regard to whether there is a
                        qualified assignment), and
                            ``(v) any contract which is purchased by an
                        employer upon the termination of a plan
                        described in section 401(a) or 403(a) and is
                        held by the employer until all amounts under
                        such contract are distributed to the employee
                        for whom such contract was purchased or the
                        employee's beneficiary.
                    ``(C) Contracts held by natural persons,
                partnerships, and s corporations.--Rules similar to the
                rules of section 264(f)(5) shall apply.''.
    (b) Repeal of Exclusion for Death Benefits.--Section 101 of such
Code (relating to certain death benefits) is amended by adding at the
end the following new subsection:
    ``(j) Proceeds of Nonqualified Company-Owned Life Insurance.--
Notwithstanding any other provision of this section, there shall be
included in gross income amounts received under a nonqualified company-
owned life insurance contract (as defined in section 72(k)) to the
extent that such amounts exceed the sum of--
            ``(1) the income on the contract (as determined under
        section 7702(g)) which as been previously included in income,
        plus
            ``(2) the premiums paid (as defined in section 7702(f)(1))
        under the contract.
Amounts included in gross income under the preceding sentence shall be
so included under section 72.''.
    (c) Information Reporting.--Section 6047 of such Code (relating to
information relating to certain trusts and annuity plans) is amended by
redesignating subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
    ``(g) Nonqualified Company-Owned Life Insurance Contracts.--The
Secretary shall require the issuer of nonqualified company-owned life
insurance contracts to make such returns and reports regarding such
contracts (as defined in section 72(k)) to the Secretary, beneficiaries
of such contracts, and such other persons as the Secretary may
prescribe.''.
    (d) Reduction in Public Debt.--The increase in Federal receipts in
the United States Treasury by reason of the amendments made by this
section shall be used solely for reduction of the public debt and for
such purpose the Secretary of the Treasury shall deposit an amount
equal to such receipts in the account established under section 3113 of
title 31, United States Code.
    (e) Effective Date.--The amendments made by this section shall
apply to contracts entered into after the date of the enactment of this
Act.

SEC. 3. DISCLOSURE.

    (a) In General.--Not later than 60 days before the date of purchase
of a nonqualified company-owned life insurance contract (as defined by
section 72(k) of the Internal Revenue Code of 1986) by an entity on one
or more of its employees, the entity shall provide to each such
employee a written disclosure that shall contain the following
information:
            (1) A statement that the company plans to purchase such
        contract on the life of the employee.
            (2) The identity of the insurance carrier with respect to
        such contract.
            (3) The amount of the benefit under such contract.
            (4) The name of the beneficiary under such contract.
    (b) Objection to Purchase of Contract.--If such employee notifies
such entity in writing before the date of purchase of such contract
that the employee objects to the purchase, then the entity shall not
purchase the contract.
    (c) Enforcement.--
            (1) Unfair or deceptive act or practice.--A violation of
        either subsection (a) or (b) shall be treated as a violation of
        a rule defining an unfair or deceptive act or practice
        prescribed under section 18(a)(1)(B) of the Federal Trade
        Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Actions by the federal trade commission.--The Federal
        Trade Commission shall enforce this section in the same manner,
        by the same means, and with the same jurisdiction, powers, and
        duties as though all applicable terms and provisions of the
        Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
        incorporated into and made a part of this Act.
    (d) Effective Date.--This section shall apply to contracts entered
into after the date of the enactment of this Act.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to affect any case in controversy, or any investigation by
the Secretary of the Treasury, relating to any leveraged company-owned
life insurance contract entered into on or before the date of the
enactment of this Act.

Output: Taxpayer Savings and Employee Notification Act of 2003 - Amends the Internal Revenue Code to include in gross income from nonqualified company-owned life insurance contracts (as defined by this Act) income and death benefits (amounts exceeding reported income and premiums).States that violations of such provisions shall be treated as a violation of an unfair or deceptive act or practice under the Federal Trade Commission Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Children from Sexual
Exploitation Act of 2005''.

SEC. 2. RECORD KEEPING OF DIGITAL IMAGES.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after ``videotape,''
        the following: ``digital image, digitally- or computer-
        manipulated image of an actual human being, picture,''; and
            (2) in subsection (f)(4), by inserting after ``video'' the
        following: ``digital image, digitally- or computer-manipulated
        image of an actual human being, picture,''.

SEC. 3. OTHER RECORD KEEPING REQUIREMENTS.

    Section 2257 of title 18, United States Code, is amended--
            (1) in subsection (f), by--
                    (A) in paragraph (3), by striking ``and'' after the
                semicolon;
                    (B) in paragraph (4), by striking the period and
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) for any person to whom subsection (a) applies to
        refuse to permit the Attorney General or his or her designee to
        conduct an inspection under subsection (c).''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) In this section--
            ``(1) the term `actual sexually explicit conduct' means
        actual but not simulated conduct as defined in clauses (i)
        through (v) of section 2256(2)(A) of this title;
            ``(2) the term `produces'--
                    ``(A) means--
                            ``(i) actually filming, videotaping,
                        photographing, creating a picture, digital
                        image, or digitally- or computer-manipulated
                        image of an actual human being;
                            ``(ii) digitizing an image, of a visual
                        depiction of sexually explicit conduct; or,
                        assembling, manufacturing, publishing,
                        duplicating, reproducing, or reissuing a book,
                        magazine, periodical, film, videotape, digital
                        image, or picture, or other matter intended for
                        commercial distribution, that contains a visual
                        depiction of sexually explicit conduct; or
                            ``(iii) inserting on a computer site or
                        service a digital image of, or otherwise
                        managing the sexually explicit content, of a
                        computer site or service that contains a visual
                        depiction of, sexually explicit conduct; and
                    ``(B) does not include activities that are limited
                to--
                            ``(i) photo or film processing, including
                        digitization of previously existing visual
                        depictions, as part of a commercial enterprise,
                        with no other commercial interest in the
                        sexually explicit material, printing, and video
                        duplication;
                            ``(ii) distribution;
                            ``(iii) any activity, other than those
                        activities identified in subparagraph (A), that
                        does not involve the hiring, contracting for,
                        managing, or otherwise arranging for the
                        participation of the depicted performers;
                            ``(iv) the provision of web-hosting
                        services when the provider does not, and
                        reasonably cannot, manage the sexually explicit
                        content of the computer site or service; or
                            ``(v) the provision of an electronic
                        communication service or remote computing
                        service when the provider does not, and
                        reasonably cannot, manage the sexually explicit
                        content of the computer site or service; and
            ``(3) the term `performer' includes any person portrayed in
        a visual depiction engaging in, or assisting another person to
        engage in, actual sexually explicit conduct.''.

SEC. 4. RECORD KEEPING REQUIREMENTS FOR SIMULATED SEXUAL CONDUCT.

    (a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting after section 2257 the following:
``Sec. 2257A. Record keeping requirements for simulated sexual conduct
    ``(a) Whoever produces any book, magazine, periodical, film,
videotape, or other matter that--
            ``(1) contains one or more visual depictions of simulated
        sexually explicit conduct; and
            ``(2) is produced in whole or in part with materials which
        have been mailed or shipped in interstate or foreign commerce,
        or is shipped or transported or is intended for shipment or
        transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
    ``(b) Any person to whom subsection (a) applies shall, with respect
to every performer portrayed in a visual depiction of simulated
sexually explicit conduct--
            ``(1) ascertain, by examination of an identification
        document containing such information, the performer's name and
        date of birth, and require the performer to provide such other
        indicia of his or her identity as may be prescribed by
        regulations;
            ``(2) ascertain any name, other than the performer's
        present and correct name, ever used by the performer including
        maiden name, alias, nickname, stage, or professional name; and
            ``(3) record in the records required by subsection (a) the
        information required by paragraphs (1) and (2) and such other
        identifying information as may be prescribed by regulation.
    ``(c) Any person to whom subsection (a) applies shall maintain the
records required by this section at their business premises, or at such
other place as the Attorney General may by regulation prescribe and
shall make such records available to the Attorney General for
inspection at all reasonable times.
    ``(d)(1) No information or evidence obtained from records required
to be created or maintained by this section shall, except as provided
in this section, directly or indirectly, be used as evidence against
any person with respect to any violation of law.
    ``(2) Paragraph (1) shall not preclude the use of such information
or evidence in a prosecution or other action for a violation of this
chapter or chapter 71, or for a violation of any applicable provision
of law with respect to the furnishing of false information.
    ``(e)(1) Any person to whom subsection (a) applies shall cause to
be affixed to every copy of any matter described in subsection (a)(1)
in such manner and in such form as the Attorney General shall by
regulations prescribe, a statement describing where the records
required by this section with respect to all performers depicted in
that copy of the matter may be located.
    ``(2) If the person to whom subsection (a) applies is an
organization the statement required by this subsection shall include
the name, title, and business address of the individual employed by
such organization responsible for maintaining the records required by
this section.
    ``(f) It shall be unlawful--
            ``(1) for any person to whom subsection (a) applies to fail
        to create or maintain the records as required by subsections
        (a) and (c) or by any regulation promulgated under this
        section;
            ``(2) for any person to whom subsection (a) applies
        knowingly to make any false entry in or knowingly to fail to
        make an appropriate entry in, any record required by subsection
        (b) or any regulation promulgated under this section;
            ``(3) for any person to whom subsection (a) applies
        knowingly to fail to comply with the provisions of subsection
        (e) or any regulation promulgated pursuant to that subsection;
        or
            ``(4) for any person knowingly to sell or otherwise
        transfer, or offer for sale or transfer, any book, magazine,
        periodical, film, video, or other matter, produced in whole or
        in part with materials which have been mailed or shipped in
        interstate or foreign commerce or which is intended for
        shipment in interstate or foreign commerce, that--
                    ``(A) contains one or more visual depictions made
                after the date of enactment of this subsection of
                simulated sexually explicit conduct; and
                    ``(B) is produced in whole or in part with
                materials which have been mailed or shipped in
                interstate or foreign commerce, or is shipped or
                transported or is intended for shipment or
                transportation in interstate or foreign commerce;
        which does not have affixed thereto, in a manner prescribed as
        set forth in subsection (e)(1), a statement describing where
        the records required by this section may be located, but such
        person shall have no duty to determine the accuracy of the
        contents of the statement or the records required to be kept;
        and
            ``(5) for any person to whom subsection (a) applies to
        refuse to permit the Attorney General or his or her designee to
        conduct an inspection under subsection (c).
    ``(g) As used in this section, the terms `simulated sexually
explicit conduct', `produces', and `performer' have the same meaning as
in section 2257(h) of this title.
    ``(h)(1) Whoever violates this section shall be imprisoned for not
more than 1 year, and fined in accordance with the provisions of this
title, or both.
    ``(2) Whoever violates this section in an effort to conceal a
substantive offense involving the causing, transporting, permitting or
offering or seeking by notice or advertisement, a minor to engage in
sexually explicit conduct for the purpose of producing a visual
depiction of such conduct in violation of this title, or to conceal a
substantive offense that involved trafficking in material involving the
sexual exploitation of a minor, including receiving, transporting,
advertising, or possessing material involving the sexual exploitation
of a minor with intent to traffic, in violation of this title, shall be
imprisoned for not more than 5 years and fined in accordance with the
provisions of this title, or both.
    ``(3) Whoever violates paragraph (2) after having been previously
convicted of a violation punishable under that paragraph shall be
imprisoned for any period of years not more than 10 years but not less
than 2 years, and fined in accordance with the provisions of this
title, or both.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 110 of
title 18, United States Code, is amended by inserting after the item
for section 2257 the following:

        ``2257A. Record keeping requirements for simulated sexual
                            conduct.''.

Output: Protecting Children from Sexual Exploitation Act of 2005 - Amends federal criminal code provisions regarding child sexual exploitation to apply recordkeeping requirements applicable to visual depictions of sexually explicit conduct to pictures, digital images, and digitally- or computer-manipulated images of actual human beings. Prohibits any person to whom these provisions apply from refusing to permit the Attorney General to conduct an inspection of records at that person's business premises at a reasonable time. Establishes recordkeeping requirements for simulated sexual conduct.