SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expatriate Health Coverage
Clarification Act of 2014''.

SEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.

    (a) In General.--Subject to subsection (b), the provisions of
(including any amendment made by) the Patient Protection and Affordable
Care Act (Public Law 111-148) and of title I and subtitle B of title II
of the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152) shall not apply with respect to--
            (1) expatriate health plans;
            (2) employers with respect to any such plans for which such
        employers are acting as plan sponsors; or
            (3) expatriate health insurance issuers with respect to
        coverage offered by such issuers under such plans.
    (b) Minimum Essential Coverage and Eligible Employer-Sponsored
Plan.--For purposes of section 5000A(f) of the Internal Revenue Code of
1986, and any other section of the Internal Revenue Code of 1986 that
incorporates the definition of minimum essential coverage provided
under such section 5000A(f) by reference, coverage under an expatriate
health plan shall be deemed to be minimum essential coverage under an
eligible employer-sponsored plan as defined in paragraph (2) of such
section.
    (c) Qualified Expatriates and Dependents Not United States Health
Risk.--
            (1) In general.--For purposes of section 9010 of the
        Patient Protection and Affordable Care Act (26 U.S.C. 4001 note
        prec.), for calendar years after 2014, a qualified expatriate
        (and any dependent of such individual) enrolled in an
        expatriate health plan shall not be considered a United States
        health risk.
            (2) Special rule for 2014.--The fee under section 9010 of
        such Act for calendar year 2014 with respect to any expatriate
        health insurance issuer shall be the amount which bears the
        same ratio to the fee amount determined by the Secretary of the
        Treasury with respect to such issuer under such section for
        such year (determined without regard to this paragraph) as--
                    (A) the amount of premiums taken into account under
                such section with respect to such issuer for such year,
                less the amount of premiums for expatriate health plans
                taken into account under such section with respect to
                such issuer for such year, bears to
                    (B) the amount of premiums taken into account under
                such section with respect to such issuer for such year.
    (d) Definitions.--In this section:
            (1) Expatriate health insurance issuer.--The term
        ``expatriate health insurance issuer'' means a health insurance
        issuer that issues expatriate health plans.
            (2) Expatriate health plan.--The term ``expatriate health
        plan'' means a group health plan, health insurance coverage
        offered in connection with a group health plan, or health
        insurance coverage offered to a group of individuals described
        in paragraph (3)(B) (which may include dependents of such
        individuals) that meets each of the following standards:
                    (A) Substantially all of the primary enrollees in
                such plan or coverage are qualified expatriates, with
                respect to such plan or coverage. In applying the
                previous sentence, an individual shall not be taken
                into account as a primary enrollee if the individual is
                not a national of the United States and resides in the
                country of which the individual is a citizen.
                    (B) Substantially all of the benefits provided
                under the plan or coverage are not excepted benefits
                described in section 9832(c) of the Internal Revenue
                Code of 1986.
                    (C) The plan or coverage provides benefits for
                items and services, in excess of emergency care,
                furnished by health care providers--
                            (i) in the case of individuals described in
                        paragraph (3)(A), in the country or countries
                        in which the individual is present in
                        connection with the individual's employment,
                        and such other country or countries as the
                        Secretary of Health and Human Services, in
                        consultation with the Secretary of the Treasury
                        and the Secretary of Labor, may designate; or
                            (ii) in the case of individuals described
                        in paragraph (3)(B), in the country or
                        countries as the Secretary of Health and Human
                        Services, in consultation with the Secretary of
                        the Treasury and the Secretary of Labor, may
                        designate.
                    (D) In the case of an expatriate health plan that
                is a group health plan offered by a plan sponsor that--
                            (i) also offers a qualifying minimum value
                        domestic group health plan, the plan sponsor
                        reasonably believes that the benefits provided
                        by the expatriate health plan are actuarially
                        similar to, or better than, the benefits
                        provided under a qualifying minimum value
                        domestic group health plan offered by that plan
                        sponsor; or
                            (ii) does not also offer a qualifying
                        minimum value domestic group health plan, the
                        plan sponsor reasonably believes that the
                        benefits provided by the expatriate health plan
                        are actuarially similar to, or better than, the
                        benefits provided under a qualifying minimum
                        value domestic group health plan.
                    (E) If the plan or coverage provides dependent
                coverage of children, the plan or coverage makes such
                dependent coverage available for adult children until
                the adult child turns 26 years of age, unless such
                individual is the child of a child receiving dependent
                coverage.
                    (F) The plan or coverage--
                            (i) is issued by an expatriate health plan
                        issuer, or administered by an administrator,
                        that maintains, with respect to such plan or
                        coverage--
                                    (I) network provider agreements
                                with health care providers that are
                                outside of the United States; and
                                    (II) call centers in more than one
                                country and accepts calls from
                                customers in multiple languages; and
                            (ii) offers reimbursements for items or
                        services under such plan or coverage in more
                        than two currencies.
                    (G) The plan or coverage, and the plan sponsor or
                expatriate health insurance issuer with respect to such
                plan or coverage, satisfies the provisions of title
                XXVII of the Public Health Service Act (42 U.S.C. 300gg
                et seq.), chapter 100 of the Internal Revenue Code of
                1986, and part 7 of subtitle B of title I of the
                Employee Retirement Income Security Act of 1974 (29
                U.S.C. 1181 et seq.), which would otherwise apply to
                such a plan or coverage, and sponsor or issuer, if not
                for the enactment of the Patient Protection and
                Affordable Care Act and title I and subtitle B of title
                II of the Health Care and Education Reconciliation Act
                of 2010.
            (3) Qualified expatriate.--The term ``qualified
        expatriate'' means any of the following individuals:
                    (A) Workers.--An individual who is a participant in
                a group health plan, who is an alien residing outside
                the United States, a national of the United States,
                lawful permanent resident, or nonimmigrant for whom
                there is a good faith expectation by the plan sponsor
                of the plan that, in connection with the individual's
                employment, the individual is abroad for a total of not
                less than 180 days during any period of 12 consecutive
                months.
                    (B) Other individuals abroad.--An individual, such
                as a student or religious missionary, who is abroad,
                and who is a member of a group determined appropriate
                by the Secretary of Health and Human Services, in
                consultation with the Secretary of the Treasury and the
                Secretary of Labor.
            (4) Qualifying minimum value domestic group health plan.--
        The term ``qualifying minimum value domestic group health
        plan'' means a group health plan that is offered in the United
        States that meets the following requirements:
                    (A) Substantially all of the primary enrollees in
                the plan are not qualified expatriates, with respect to
                such plan.
                    (B) Substantially all of the benefits provided
                under the plan are not excepted benefits described in
                section 9832(c) of the Internal Revenue Code of 1986.
                    (C) The application of section 36B(c)(2)(C)(ii) of
                such Code to such plan would not prevent an employee
                eligible for coverage under such plan from being
                treated as eligible for minimum essential coverage for
                purposes of section 36B(c)(2)(B) of such Code.
            (5) Abroad.--
                    (A) United states nationals.--
                            (i) In general.--Except as provided in
                        clause (ii), for purposes of applying paragraph
                        (3) to a national of the United States, the
                        term ``abroad'' means outside the 50 States,
                        the District of Columbia, and Puerto Rico.
                            (ii) Special rule.--For purposes of
                        applying paragraph (3) to a national of the
                        United States who resides in the United States
                        Virgin Islands, the Commonwealth of the
                        Northern Mariana Islands, American Samoa, or
                        Guam, the term ``abroad'' means outside of the
                        50 States, the District of Columbia, Puerto
                        Rico, and such territory or possession.
                    (B) Foreign citizens.--For purposes of applying
                paragraph (3) to an individual who is not a national of
                the United States, the term ``abroad'' means outside of
                the country of which that individual is a citizen.
            (6) United states.--The term ``United States'' means the 50
        States, the District of Columbia, Puerto Rico, the United
        States Virgin Islands, the Commonwealth of the Northern Mariana
        Islands, American Samoa, and Guam.
            (7) Miscellaneous terms.--
                    (A) Group health plan; health insurance coverage;
                health insurance issuer; plan sponsor.--The terms
                ``group health plan'', ``health insurance coverage'',
                ``health insurance issuer'', and ``plan sponsor'' have
                the meanings given those terms in section 2791 of the
                Public Health Service Act (42 U.S.C. 300gg-91), except
                that in applying such terms under this section the term
                ``health insurance issuer'' includes a foreign
                corporation which is predominantly engaged in an
                insurance business and which would be subject to tax
                under subchapter L of chapter 1 of the Internal Revenue
                Code of 1986 if it were a domestic corporation.
                    (B) Foreign state; national of the united states;
                nonimmigrant; reside; lawful permanent resident.--The
                terms ``national of the United States'', and
                ``nonimmigrant'' have the meaning given such terms in
                section 101(a) of the Immigration and Nationality Act
                (8 U.S.C. 1101(a)), the term ``reside'' means having a
                residence (within the meaning of such term in such
                section), and the term ``lawful permanent resident''
                means an alien lawfully admitted for permanent
                residence (as defined in such section).

            Passed the House of Representatives April 29, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Elections Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Voting participation in the United States is lower than
        in any other advanced industrialized democracy.
            (2) The rights of eligible citizens to seek election to
        office, vote for candidates of their choice and associate for
        the purpose of taking part in elections, including the right to
        create and develop new political parties, are fundamental in a
        democracy. The rights of citizens to participate in the
        election process, provided in and derived from the first and
        fourteenth amendments to the Constitution, having consistently
        been promoted and protected by the Federal Government. These
        rights include the right to cast an effective vote and the
        right to associate for the advancement of political beliefs,
        which includes the ``constitutional right . . . to create and
        develop new political parties.'' Norman v. Reed, 502
        U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal
        Government to see that these rights are not impaired in
        elections for Federal office.
            (3) Certain restrictions on access to the ballot impair the
        ability of citizens to exercise these rights and have a direct
        and damaging effect on citizens' participation in the electoral
        process.
            (4) Many States unduly restrict access to the ballot by
        nonmajor party candidates and nonmajor political parties by
        means of such devices as excessive petition signature
        requirements, insufficient petitioning periods,
        unconstitutionally early petition filing deadlines, petition
        signature distribution criteria, discriminatory petition
        signature fees, and limitations on eligibility to circulate and
        sign petitions.
            (5) Many States require political parties to poll an unduly
        high number of votes or to register an unduly high number of
        voters as a precondition for remaining on the ballot.
            (6) In 1983, the Supreme Court ruled unconstitutional an
        Ohio law requiring a nonmajor party candidate for President to
        qualify for the general election ballot earlier than major
        party candidates. This Supreme Court decision, Anderson v.
        Celebrezze, 460 U.S. 780 (1983) has been followed by many lower
        courts in challenges by nonmajor parties and candidates to
        early petition filing deadlines. See, e.g., Stoddard v. Quinn,
        593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of
        Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party
        of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986);
        Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir.
        1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568
        (11th Cir. 1991).
            (7) In 1992, 26 States still required nonmajor party
        candidates for President to qualify for the ballot before the
        second major party national convention (California, Colorado,
        Connecticut, Delaware, Florida, Georgia, Illinois, Indiana,
        Kansas, Maine, Maryland, Michigan, Missouri, Montana, North
        Carolina, Nevada, New Hampshire, New Jersey, Oklahoma,
        Pennsylvania, South Carolina, South Dakota, Texas, Washington,
        West Virginia). Nine of these States required nonmajor party
        candidates to qualify before the first major party national
        convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada,
        North Carolina, Oklahoma, Texas).
            (8) In 1992, nonmajor party candidates for President had to
        obtain 806,401 petition signatures to be listed on the ballots
        of all 50 States and the District of Columbia--32 times more
        signatures than the 25,500 required of Democratic Party
        candidates and 15 times more signatures than the 54,250
        required of Republican Party candidates. To be listed on the
        ballot in all 50 States and the District of Columbia with a
        party label, nonmajor party candidates for President had to
        obtain approximately 649,092 petition signatures and 79,136
        registrants. In 1992, 32 of the 41 States that held
        Presidential primaries required no signatures of major party
        candidates for President (Arkansas, California, Colorado,
        Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky,
        Louisiana, Maryland, Massachusetts, Michigan, Minnesota,
        Mississippi, Missouri, Nebraska, New Hampshire, New Mexico,
        North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island,
        South Carolina, South Dakota, Tennessee, Texas, Virginia,
        Washington, West Virginia, Wisconsin). Only two States required
        no signatures of nonmajor party candidates for President
        (Arkansas and Louisiana; Louisiana, however, requires a $500
        filing fee).
            (9) The number of petition signatures required by the
        States to list a major party candidate for Senate on the ballot
        in 1992 ranged from zero to 15,111. The number of petition
        signatures required to list a nonmajor party candidate for
        Senate ranged from zero to 180,935. Thirty-one States required
        no signatures of major party candidates for Senate (Alabama,
        Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida,
        Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland,
        Massachusetts, Minnesota, Mississippi, Missouri, Montana,
        Nebraska, Nevada, New Hampshire, North Carolina, North Dakota,
        Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West
        Virginia, Wyoming). Only one State required no signatures of
        nonmajor party candidates for Senate, provided they were
        willing to be listed on the ballot without a party label
        (Louisiana, although a $600 filing fee is required, and to run
        with a party label, a candidate must register 106,146 voters
        into his or her party).
            (10) The number of petition signatures required by the
        States to list a major party candidate for Congress on the
        ballot in 1992 ranged from zero to 2,000. The number of
        petition signatures required to list a nonmajor party candidate
        for Congress ranged from zero to 12,252. Thirty-one States
        required no signatures of major party candidates for Congress
        (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware,
        Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana,
        Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska,
        Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma,
        Oregon, South Carolina, Texas, Utah, Washington, West Virginia,
        Wyoming). Only one State required no signatures of nonmajor
        party candidates for Congress, provided they were willing to be
        listed on the ballot without a party label (Louisiana, although
        a $600 filing fee is required).
            (11) Eight States required additional signatures to list a
        nonmajor party candidate for President on the ballot with a
        party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North
        Dakota, Ohio, Tennessee). Thirteen States required additional
        signatures to list a nonmajor party candidate for Senate or
        Congress on the ballot with a party label (Alabama, Arizona,
        Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North
        Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States
        (Ohio and Tennessee, respectively) required 5,000 signatures
        and 25 signatures, respectively, to list a nonmajor party
        candidate for President or Senate on the ballot in 1992, but
        required 34,777 signatures and 19,759 signatures, respectively,
        to list the candidate on the ballot with her or his party
        label. One State (California) required a nonmajor party to have
        78,992 registrants in order to have its candidate for President
        listed on the ballot with a party label.
            (12) In 1992 one State (Arizona) required nonmajor party
        candidates for President or Senate to obtain 10,555 signatures
        in 10 days, but allowed major party candidates for Senate 45
        days to obtain approximately half that number of signatures,
        and required no signatures of major party candidates for
        President. Another State (California) required nonmajor party
        candidates for President or Senate to obtain 134,781 signatures
        in 105 days, but required major party candidates for Senate to
        obtain only 65 signatures in 105 days, and required no
        signatures of major party candidates for President. Another
        State (Texas) required nonmajor party candidates for President
        or Senate to obtain 38,900 signatures in 75 days, and required
        no signatures of major party candidates for President or
        Senate.
            (13) Two States required all nonmajor party candidates to
        pay fees of ten and five cents per petition signature, while
        requiring no fees or signatures of major party candidates
        (Florida and North Carolina, respectively).
            (14) Seven States require nonmajor party candidates for
        President or Senate to collect a certain number or percentage
        of their petition signatures in each congressional district or
        in a specified number of congressional districts (Michigan,
        Missouri, Nebraska, New Hampshire, New York, North Carolina,
        Virginia). Only three of these States impose a like requirement
        on major party candidates for President or Senate (Michigan,
        New York, Virginia).
            (15) Twenty States restrict the circulation of petitions
        for nonmajor party candidates to residents of those States
        (California, Colorado, Connecticut, District of Columbia,
        Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada,
        New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas,
        Virginia, West Virginia, Wisconsin). Three States restrict the
        circulation of petitions for nonmajor party candidates to the
        county or congressional district where the circulator lives
        (Kansas, Nebraska, Virginia).
            (16) Four States prohibit people who voted in a primary
        election from signing petitions for nonmajor party candidates
        (Nebraska, New York, Texas, West Virginia). Twelve States
        restrict the signing of petitions to people who indicate intent
        to support or vote for the candidate or party (California,
        Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New
        York, North Carolina, Ohio, Oregon, Utah). Five of these 12
        States require no petitions of major party candidates
        (Delaware, Maryland, North Carolina, Oregon, Utah), and only
        one of the six remaining States restricts the signing of
        petitions for major party candidates to people who indicate
        intent to support or vote for the candidate or party (New
        Jersey).
            (17) Restrictions on the ability of citizens to exercise
        the rights identified in this subsection have
        disproportionately impaired participation in the electoral
        process by various groups, including racial minorities.
            (18) The establishment of fair and uniform national
        standards for access to the ballot in elections for Federal
        office would remove barriers to the participation of citizens
        in the electoral process and thereby facilitate such
        participation and maximize the rights identified in this
        subsection.
            (19) The Congress has authority, under the provisions of
        the Constitution of the United States in sections 4 and 8 of
        article I, section 1 of article II, article VI, the thirteenth,
        fourteenth, and fifteenth amendments, and other provisions of
        the Constitution of the United States, to protect and promote
        the exercise of the rights identified in this subsection.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish fair and uniform standards regulating
        access to the ballot by eligible citizens who desire to seek
        election to Federal office and political parties, bodies, and
        groups which desire to take part in elections for Federal
        office; and
            (2) to maximize the participation of eligible citizens in
        elections for Federal office.

SEC. 3. BALLOT ACCESS RIGHTS.

    (a) An individual shall have the right to be placed as a candidate
on, or to have such individual's political party, body, or group
affiliation in connection with such candidacy placed on, a ballot or
similar voting materials to be used in a Federal election, if such
individual presents a petition stating in substance that the
signatories desire such individual's name and political party, body or
group affiliation, if any, to be placed on the ballot or other similar
voting materials to be used in the Federal election with respect to
which such rights are to be exercised, and
            (1) with respect to a Federal election for the office of
        President, Vice President, or Senator, such petition has a
        number of signatures of persons qualified to vote for such
        office equal to one-tenth of one percent of the number of
        persons who voted in the most recent previous Federal election
        for such office in the State, or 1,000 signatures, whichever is
        greater;
            (2) with respect to a Federal election for the office of
        Representative in, or Delegate or Resident Commissioner to, the
        Congress, such petition has a number of signatures of persons
        qualified to vote for such office equal to one-half of one
        percent of the number of persons who voted in the most recent
        previous Federal election for such office, or, if there was no
        previous Federal election for such office, 1,000 signatures;
            (3) with respect to a Federal election the date of which
        was fixed 345 or more days in advance, such petition was
        circulated during a period beginning on the 345th day and
        ending on the 75th day before the date of the election;
            (4) with respect to a Federal election the date of which
        was fixed less than 345 days in advance, such petition was
        circulated during a period established by the State holding the
        election, or, if no such period was established, during a
        period beginning on the day after the date the election was
        scheduled and ending on the tenth day before the date of the
        election, provided, however, that the number of signatures
        required under paragraph (1) or (2) shall be reduced by \1/
        270\th for each day less than 270 in such period.
    (b) An individual shall have the right to be placed as a candidate
on, or to have such individual's political party, body, or group
affiliation in connection with such candidacy placed on, a ballot or
similar voting materials to be used in a Federal election, without
having to satisfy any requirement relating to a petition under
subsection (a), if that or another individual, as a candidate of that
political party, body, or group, received one percent of the votes cast
in the most recent general Federal election for President or Senator in
that State.

SEC. 4. RULEMAKING.

    The Attorney General shall make rules to carry out this Act.

SEC. 5. GENERAL DEFINITIONS.

    As used in this Act--
            (1) the term ``Federal election'' means a general or
        special election for the office of--
                    (A) President or Vice President;
                    (B) Senator; or
                    (C) Representative in, or Delegate or Resident
                Commissioner to, the Congress;
            (2) the term ``State'' means a State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico, and
        any other territory or possession of the United States; and
            (3) the term ``individual'' means an individual who has the
        qualifications required by law of a person who holds the office
        for which such individual seeks to be a candidate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for America's Servicemen
and Women in Higher Education Act of 2003''.

SEC. 2. REFUND POLICY.

    Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1091b(b)(2)) is amended by adding at the end the following:
                    ``(D) Students on active duty during a war or
                national emergency.--Notwithstanding subparagraphs (A),
                (B), and (C), a student who withdraws from an
                institution of higher education to serve on active duty
                during a war or national emergency shall not be
                required to repay any grant assistance that is
                otherwise required to be repayed under this section.''.

SEC. 3. DEFERMENT DURING ACTIVE DUTY.

    (a) FFEL Subsidized Loans.--Section 428(b)(1)(M) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
            (1) in clause (ii), by striking ``or'' after the semicolon;
            (2) in clause (iii), by inserting ``or'' after the
        semicolon; and
            (3) by inserting after clause (iii) the following:
                            ``(iv) during which the borrower--
                                    ``(I) is a member of a regular
                                component on active duty during a war
                                or during a national emergency declared
                                by the President or Congress, and
                                receives compensation described in
                                section 112(a) of the Internal Revenue
                                Code of 1986;
                                    ``(II) is on active duty under
                                section 688, 12301(a), 12301(d),
                                12301(g), 12302, 12304, 12306, 12307,
                                or 12406, or chapter 15 of title 10,
                                United States Code, or any other
                                provision of law, during a war or
                                during a national emergency declared by
                                the President or Congress, regardless
                                of the location at which such active
                                duty service is performed; or
                                    ``(III) in the case of a member of
                                the National Guard, is on full-time
                                National Guard duty (as defined in
                                section 101(d)(5) of title 10, United
                                States Code) under a call to active
                                service authorized by the President or
                                the Secretary of Defense for a period
                                of more than 30 consecutive days under
                                section 12402 of title 10, United
                                States Code, or section 502(f) of title
                                32, United States Code, for purposes of
                                responding to a national emergency
                                declared by the President and supported
                                by Federal funds.''.
    (b) Direct Subsidized Loans.--Section 455(f)(2) of such Act (20
U.S.C. 1087e(f)(2)) is amended--
            (1) by striking the period at the end of subparagraph (C)
        and inserting ``; and''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) during which the borrower--
                            ``(i) is a member of a regular component on
                        active duty during a war or during a national
                        emergency declared by the President or
                        Congress, and receives compensation described
                        in section 112(a) of the Internal Revenue Code
                        of 1986;
                            ``(ii) is on active duty under section 688,
                        12301(a), 12301(d), 12301(g), 12302, 12304,
                        12306, 12307, or 12406, or chapter 15 of title
                        10, United States Code, or any other provision
                        of law, during a war or during a national
                        emergency declared by the President or
                        Congress, regardless of the location at which
                        such active duty service is performed; or
                            ``(iii) in the case of a member of the
                        National Guard, is on full-time National Guard
                        duty (as defined in section 101(d)(5) of title
                        10, United States Code) under a call to active
                        service authorized by the President or the
                        Secretary of Defense for a period of more than
                        30 consecutive days under section 12402 of
                        title 10, United States Code, or section 502(f)
                        of title 32, United States Code, for purposes
                        of responding to a national emergency declared
                        by the President and supported by Federal
                        funds.''.
    (c) Consolidation Loans.--Section 428C(b)(4)(C)(ii) of the Higher
Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is amended--
            (1) in subclause (II), by striking ``or'' after the
        semicolon;
            (2) in subclause (III), by striking ``or (II)'' and
        inserting ``, (II) or (III)'';
            (3) by redesignating subclause (III) (as so amended) as
        subclause (IV); and
            (4) by inserting after subclause (II) the following:
                    ``(III) by the Secretary, in the case of a
                consolidation loan of a student who is on an active
                duty deferment under section 428(b)(1)(M)(iv); or''.
    (d) FFEL Unsubsidized Loans.--Section 428H(e) of the Higher
Education Act of 1965 (20 U.S.C. 1078-8(e)) is amended by adding at the
end the following:
            ``(C) Notwithstanding subparagraph (A), interest on loans
        made under this section for which payments of principal are
        deferred because the student is on an active duty deferment
        under section 428(b)(1)(M)(iv) shall be paid by the
        Secretary.''.
    (e) Direct Unsubsidized Loans.--Section 455(f) of such Act (20
U.S.C. 1087e(f)) is amended by adding at the end the following:
            ``(5) Interest during active duty deferments.--
        Notwithstanding paragraph (1)(B), interest on loans under this
        part for which payments of principal are deferred because the
        student is on an active duty deferment under paragraph (2)(D)
        shall be paid by the Secretary.''.
    (f) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education
Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
            (1) in clause (iii), by striking ``or'' after the
        semicolon;
            (2) in clause (iv), by inserting ``or'' after the
        semicolon; and
            (3) by inserting after clause (iv) the following:
                            ``(v) during which the borrower--
                                    ``(I) is a member of a regular
                                component on active duty during a war
                                or during a national emergency declared
                                by the President or Congress, and
                                receives compensation described in
                                section 112(a) of the Internal Revenue
                                Code of 1986;
                                    ``(II) is on active duty under
                                section 688, 12301(a), 12301(d),
                                12301(g), 12302, 12304, 12306, 12307,
                                or 12406, or chapter 15 of title 10,
                                United States Code, or any other
                                provision of law, during a war or
                                during a national emergency declared by
                                the President or Congress, regardless
                                of the location at which such active
                                duty service is performed; or
                                    ``(III) in the case of a member of
                                the National Guard, is on full-time
                                National Guard duty (as defined in
                                section 101(d)(5) of title 10, United
                                States Code) under a call to active
                                service authorized by the President or
                                the Secretary of Defense for a period
                                of more than 30 consecutive days under
                                section 12402 of title 10, United
                                States Code, or section 502(f) of title
                                32, United States Code, for purposes of
                                responding to a national emergency
                                declared by the President and supported
                                by Federal funds.''.
    (g) Effective Date.--The amendments made by this section shall
apply with respect to loans for which the first disbursement is made on
or after July 1, 1993, to an individual who is a new borrower (within
the meaning of section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) on or after such date.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Election Integrity Act of
2004'' .

SEC. 2. REQUIRING PROOF OF CITIZENSHIP TO ACCOMPANY APPLICATION FOR
              VOTER REGISTRATION.

    (a) Application Provided With Motor Vehicle License Application.--
Section 5(c)(2) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg--3(c)(2)) is amended--
            (1) in subparagraph (B), by striking ``may require'' and
        inserting ``in addition to the information required under
        subparagraph (E), may require'';
            (2) by striking ``and'' at the end of subparagraph (D);
            (3) by redesignating subparagraph (E) as subparagraph (F);
        and
            (4) by inserting after subparagraph (D) the following new
        subparagraph:
            ``(E) shall require the applicant to provide a photographic
        copy of any document which provides proof that the applicant is
        a citizen of the United States, in accordance with guidelines
        established by the Election Administration Commission in
        consultation with the Secretary of Homeland Security and the
        Secretary of State.''.
    (b) Mail-In Form.--Section 9(b) of such Act (42 U.S.C. 1973gg--
7(b)) is amended--
            (1) in paragraph (1), by striking ``may require'' and
        inserting ``consistent with paragraph (5), may require'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by striking the period at the end of paragraph (4) and
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(5) shall require the applicant to provide a photographic
        copy of any document which provides proof that the applicant is
        a citizen of the United States, in accordance with guidelines
        established by the Election Administration Commission in
        consultation with the Secretary of Homeland Security and the
        Secretary of State.''.
    (c) Special Rules for States Without Registration Requirement and
States Permitting Same-Day Registration.--
            (1) In general.--Section 8 of such Act (42 U.S.C. 1973gg--
        6) is amended--
                    (A) by redesignating subsection (j) as subsection
                (k); and
                    (B) by inserting after subsection (i) the following
                new subsection:
    ``(j) Requirement for Proof of Citizenship in States Without
Registration Requirement and States Permitting Same-Day Registration.--
            ``(1) States without registration requirement.--In the case
        of a State described in section 4(b)(1), the appropriate State
        or local election official may not provide any individual with
        a ballot for an election for Federal office (including an
        absentee ballot) unless the individual provides the official
        with a photographic copy of any document which provides proof
        that the individual is a citizen of the United States, in
        accordance with guidelines established by the Election
        Administration Commission in consultation with the Secretary of
        Homeland Security and the Secretary of State.
            ``(2) States permitting same-day registration.--In the case
        of a State described in section 4(b)(2), the appropriate State
        or local election official may not permit any individual to
        register to vote in an election for Federal office (including
        an individual who desires to register to vote at the polling
        place at the time of voting in the election) unless the
        individual provides the official with a photographic copy of
        any document which provides proof that the individual is a
        citizen of the United States, in accordance with guidelines
        established by the Election Administration Commission in
        consultation with the Secretary of Homeland Security and the
        Secretary of State.''.
            (2) Conforming amendment.--Section 4(b) of such Act (42
        U.S.C. 1973gg-2(b)) is amended by striking ``This Act'' and
        inserting ``Except as provided in section 8(j), this Act''.

SEC. 3. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.

    (a) In General.--Section 303(b) of the Help America Vote Act of
2002 (42 U.S.C. 15483(b)) is amended--
            (1) in the heading, by striking ``for Voters Who Register
        by Mail'' and inserting ``for Providing Photo Identification'';
        and
            (2) by striking paragraphs (1) through (3) and inserting
        the following:
            ``(1) Individuals voting in person.--Notwithstanding any
        other provision of law, the appropriate State or local election
        official may not provide a ballot for an election for Federal
        office (including a provisional ballot under section 302(a)) to
        an individual who desires to vote in person unless the
        individual presents to the official a current and valid photo
        identification.
            ``(2) Individuals voting by mail.--Notwithstanding any
        other provision of law, the appropriate State or local election
        official may not accept any ballot for an election for Federal
        office provided by an individual who votes by mail unless the
        individual submits with the ballot a copy of a current and
        valid photo identification.''.
    (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C.
15483) is amended--
            (1) in the heading, by striking ``for voters who register
        by mail'' and inserting ``for providing photo identification'';
        and
            (2) in subsection (c), by striking ``subsections
        (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting
        ``subsection (a)(5)(A)(i)(II)''.
    (c) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 303 to read as
follows:

``Sec. 303. Computerized statewide voter registration list requirements
                            and requirements for providing photo
                            identification.''.
    (d) Effective Date.--Section 303(d) of such Act (42 U.S.C.
15483(d)) is amended to read as follows:
    ``(d) Requirement to Provide Photo Identification.--Subsection (b)
shall apply with respect to the regularly scheduled general election
for Federal office held in November 2004 and each succeeding election
for Federal office.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply with
respect to the regularly scheduled general election for Federal office
held in November 2004 and each succeeding election for Federal office.


SECTION 1. SHORT TITLE.

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

SEC. 2. LABOR ORGANIZATION DUES.

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

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

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

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

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

SEC. 4. USE OF PERSONAL INFORMATION.

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

SEC. 5. REQUIREMENT FOR SECRET PAPER BALLOT ELECTIONS.

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


SECTION 1. SHORT TITLE.

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

SEC. 2. DEBARMENT AND OTHER SANCTIONS.

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

SEC. 3. AMENDMENT TO THE SOCIAL SECURITY ACT.

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


SECTION 1. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.

    (a) Requirement of Benchmarking and Disclosure for Leasing
Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is
amended--
            (1) by striking ``paragraph (2)'' and inserting ``paragraph
        (1)''; and
            (2) by striking ``signing the contract,'' and all that
        follows through the period at the end and inserting the
        following: ``signing the contract, the following requirements
        are met:
                    ``(A) The space is renovated for all energy
                efficiency and conservation improvements that would be
                cost effective over the life of the lease, including
                improvements in lighting, windows, and heating,
                ventilation, and air conditioning systems.
                    ``(B)(i) Subject to clause (ii), the space is
                benchmarked under a nationally recognized, online, free
                benchmarking program, with public disclosure, unless
                the space is a space for which owners cannot access
                whole building utility consumption data, including
                spaces--
                            ``(I) that are located in States with
                        privacy laws that provide that utilities shall
                        not provide such aggregated information to
                        multitenant building owners; and
                            ``(II) for which tenants do not provide
                        energy consumption information to the
                        commercial building owner in response to a
                        request from the building owner.
                    ``(ii) A Federal agency that is a tenant of the
                space shall provide to the building owner, or authorize
                the owner to obtain from the utility, the energy
                consumption information of the space for the
                benchmarking and disclosure required by this
                subparagraph.''.
    (b) Study.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary of Energy, in
        collaboration with the Administrator of the Environmental
        Protection Agency, shall complete a study--
                    (A) on the impact of--
                            (i) State and local performance
                        benchmarking and disclosure policies, and any
                        associated building efficiency policies, for
                        commercial and multifamily buildings; and
                            (ii) programs and systems in which
                        utilities provide aggregated information
                        regarding whole building energy consumption and
                        usage information to owners of multitenant
                        commercial, residential, and mixed-use
                        buildings;
                    (B) that identifies best practice policy approaches
                studied under subparagraph (A) that have resulted in
                the greatest improvements in building energy
                efficiency; and
                    (C) that considers--
                            (i) compliance rates and the benefits and
                        costs of the policies and programs on building
                        owners, utilities, tenants, and other parties;
                            (ii) utility practices, programs, and
                        systems that provide aggregated energy
                        consumption information to multitenant building
                        owners, and the impact of public utility
                        commissions and State privacy laws on those
                        practices, programs, and systems;
                            (iii) exceptions to compliance in existing
                        laws where building owners are not able to
                        gather or access whole building energy
                        information from tenants or utilities;
                            (iv) the treatment of buildings with--
                                    (I) multiple uses;
                                    (II) uses for which baseline
                                information is not available; and
                                    (III) uses that require high levels
                                of energy intensities, such as data
                                centers, trading floors, and
                                televisions studios;
                            (v) implementation practices, including
                        disclosure methods and phase-in of compliance;
                            (vi) the safety and security of
                        benchmarking tools offered by government
                        agencies, and the resiliency of those tools
                        against cyber attacks; and
                            (vii) international experiences with regard
                        to building benchmarking and disclosure laws
                        and data aggregation for multitenant buildings.
            (2) Submission to congress.--At the conclusion of the
        study, the Secretary shall submit to the Committee on Energy
        and Commerce of the House of Representatives and Committee on
        Energy and Natural Resources of the Senate a report on the
        results of the study.
    (c) Creation and Maintenance of Database.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act and following opportunity for public
        notice and comment, the Secretary of Energy, in coordination
        with other relevant agencies, shall maintain, and if necessary
        create, a database for the purpose of storing and making
        available public energy-related information on commercial and
        multifamily buildings, including--
                    (A) data provided under Federal, State, local, and
                other laws or programs regarding building benchmarking
                and energy information disclosure;
                    (B) information on buildings that have disclosed
                energy ratings and certifications; and
                    (C) energy-related information on buildings
                provided voluntarily by the owners of the buildings,
                only in an anonymous form unless the owner provides
                otherwise.
            (2) Complementary programs.--The database maintained
        pursuant to paragraph (1) shall complement and not duplicate
        the functions of the Environmental Protection Agency's Energy
        Star Portfolio Manager tool.
    (d) Input From Stakeholders.--The Secretary of Energy shall seek
input from stakeholders to maximize the effectiveness of the actions
taken under this section.
    (e) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary of Energy shall
submit to the Committee on Energy and Commerce of the House of
Representatives and Committee on Energy and Natural Resources of the
Senate a report on the progress made in complying with this section.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Health Care
Freedom of Choice Act''.

SEC. 2. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    (a) Definitions.--Section 8901 of title 5, United States Code, is
amended--
            (1) in paragraph (10) by striking ``and'' after the
        semicolon;
            (2) in paragraph (11) by striking the period and inserting
        a semicolon; and
            (3) by adding at the end the following:
            ``(12) the term `high deductible health plan' means a plan
        described by section 8903(5) or section 8903a(d); and
            ``(13) the term `medical savings account' has the meaning
        given such term by section 220(d) of the Internal Revenue Code
        of 1986.''.
    (b) Authority To Contract for High Deductible Health Plans.--
Section 8902 of title 5, United States Code, is amended by adding at
the end the following:
    ``(p)(1) The Office shall contract under this chapter for a high
deductible health plan with any qualified carrier that--
            ``(A) offers such a plan; and
            ``(B) as of the date of enactment of the Federal Employees
        Health Care Freedom of Choice Act, offers a health benefits
        plan under this chapter.
    ``(2) The Office may contract under this chapter for a high
deductible health plan with any qualified carrier that--
            ``(A) offers such a plan; but
            ``(B) does not satisfy the requirement under paragraph
        (1)(B).''.
    (c) Description of High Deductible Health Plans and Benefits To Be
Provided Thereunder.--
            (1) In general.--Section 8903 of title 5, United States
        Code, is amended by adding at the end the following:
            ``(5) High deductible health plans.--(A) One or more plans
        described by paragraph (1), (2), (3), or (4), which--
                    ``(i) are high deductible health plans (as defined
                by section 220(c)(2) of the Internal Revenue Code of
                1986); and
                    ``(ii) provide benefits of the types referred to by
                section 8904(a)(5).
            ``(B) Nothing in this section shall be considered--
                    ``(i) to prevent a carrier from simultaneously
                offering a plan described by subparagraph (A) and a
                plan described by paragraph (1) or (2);
                    ``(ii) to require that a high deductible health
                plan offer two levels of benefits; or
                    ``(iii) to allow, in any contract year, for--
                            ``(I) more than one plan to be offered
                        which satisfies both subparagraph (A) and
                        paragraph (1) (subject to clause (ii)); and
                            ``(II) more than one plan which satisfies
                        both subparagraph (A) and paragraph (2)
                        (subject to clause (ii)).''.
            (2) Types of benefits.--Section 8904(a) of title 5, United
        States Code, is amended by inserting after paragraph (4) the
        following:
            ``(5) High deductible health plans.--Benefits of the types
        named under paragraph (1) or (2) of this subsection or both.''.
            (3) Conforming amendments.--(A) Section 8903a of title 5,
        United States Code, is amended by redesignating subsection (d)
        as subsection (e) and by inserting after subsection (c) the
        following:
    ``(d) The plans under this section may include one or more plans,
otherwise allowable under this section, that satisfy the requirements
of clauses (i) and (ii) of section 8903(5)(A).''.
            (B) Section 8909(d) of title 5, United States Code, is
        amended by striking ``8903a(d)'' and inserting ``8903a(e)''.
            (4) References.--Section 8903 of title 5, United States
        Code, is amended by adding at the end (as a flush left
        sentence) the following:
``The Office shall prescribe regulations under which the requirements
of section 8902(c), 8902(n), 8909(e), and any other provision of this
chapter that applies with respect to a plan described by paragraph (1),
(2), (3), or (4) of this section shall apply with respect to the
corresponding plan under paragraph (5) of this section. Similar
regulations shall be prescribed with respect to any plan under section
8903a(d).''.
    (d) Contributions Toward High Deductible Health Plans and Medical
Savings Accounts.--
            (1) Amendments.--
                    (A) In general.--Title 5, United States Code, is
                amended by redesignating section 8906a as section 8906b
                and by inserting after section 8906 the following:
``Sec. 8906a. Contribution provisions relating to certain individuals
              enrolled in high deductible health plans
    ``(a) In the case of an employee or annuitant who enrolls in a high
deductible health plan, section 8906 shall apply in accordance with its
terms, except as otherwise provided in this section.
    ``(b) Instead of the amount that would otherwise apply under the
provisions of section 8906(d), the amount to be withheld under such
provisions from the pay or annuity of an employee or annuitant
described in subsection (a), for any biweekly or other period, shall be
the equivalent (expressed in terms of such periods) of the amount by
which--
            ``(1) the applicable average subscription charge, as
        determined under section 8906(a) for the contract year
        involved, exceeds
            ``(2) the total Government contribution allowable for such
        contract year (as defined in subsection (h)),
but not to exceed 100 percent of the subscription charge for the plan
in which such employee or annuitant is enrolled.
    ``(c) Instead of the amount that would otherwise apply under the
provisions of section 8906(b), in the case of an employee or annuitant
described in subsection (a), the biweekly or other periodic Government
contribution under such provisions toward the subscription charge for
the plan in which such employee or annuitant is enrolled shall be the
amount by which such charge exceeds (if at all) the amount which under
subsection (b) is required to be withheld from the pay or annuity of
the employee or annuitant involved.
    ``(d)(1) Subject to paragraph (2), there shall be paid to the
medical savings account of each employee or annuitant described in
subsection (a), at the same time that the Government contribution under
section 8906 is made (or would, but for this section, be made) for the
benefit of such employee or annuitant, the amount by which--
            ``(A) the total Government contribution allowable for the
        contract year involved (as defined in subsection (h)), exceeds
            ``(B) the amount of the Government contribution which under
        subsection (c) is required to be made toward the subscription
        charge for the plan in which such employee or annuitant is
        enrolled.
No election to decline any contributions under this subsection shall be
available to an employee or annuitant.
    ``(2) No contribution under this subsection shall be made to any
medical savings account of an employee or annuitant for any period if,
as of the first day of the month before the month in which such period
commences, such employee or annuitant (or the spouse of such employee
or annuitant, if coverage is for self and family) is entitled to
benefits under part A of title XVIII of the Social Security Act.
    ``(3) The Office shall by regulation prescribe the time, form, and
manner in which an employee or annuitant shall identify any medical
savings account to which contributions for such employee or annuitant
shall be made under this subsection.
    ``(4) Subsections (f) and (g) of section 8906 shall apply with
respect to contributions under this subsection.
    ``(e) Any adjustment in the amount of any contribution under
section 8906 that is required by subsection (b) or (c) of this section
beginning in any contract year shall take effect--
            ``(1) in the case of an employee, at the point in such year
        described in the second sentence of section 8906(b)(1); and
            ``(2) in the case of an annuitant, at the point in such
        year described in the third sentence of section 8906(b)(1).
    ``(f)(1) This section shall not apply to any employee or annuitant
with respect to any period for which such employee or annuitant would
not otherwise be eligible for a Government contribution under section
8906 (determined disregarding this section).
    ``(2) Neither subsection (b) nor (c) shall apply with respect to an
employee or annuitant for any period for which--
            ``(A) such employee or annuitant is ineligible for any
        contribution under subsection (d) by reason of paragraph (2)
        thereof; or
            ``(B) the amount of the contribution under subsection (d)
        for such employee or annuitant would otherwise be zero.
    ``(g) The Office shall by regulation provide for the application of
section 8906(c) to the extent necessary to reflect any change in the
ratio of individual to Government contributions resulting from the
application of this section.
    ``(h) For purposes of this section, the term `total Government
contribution allowable', as used with respect to a contract year, means
the maximum Government contribution that could be made for health
benefits for an employee or annuitant for such contract year, as
determined under paragraph (1) of section 8906(b) (as well as paragraph
(3) thereof, if appropriate, but disregarding paragraph (2) thereof and
the provisions of this section).''.
                    (B) Technical and conforming amendments.--(i) The
                table of sections at the beginning of chapter 89 of
                title 5, United States Code, is amended by striking the
                item relating to section 8906a and inserting the
                following:

``8906a.   Contribution provisions relating to certain individuals
                            enrolled in high deductible health plans.
``8906b.   Temporary employees.''.
                    (ii) Section 8913(b)(4) of title 5, United States
                Code, is amended by striking ``8906a(a)'' and inserting
                ``8906b(a)''.
            (2) High deductible health plans to be disregarded in
        determining government contributions.--Section 8906 of title 5,
        United States Code, is amended by adding at the end the
        following:
    ``(j) Notwithstanding any other provision of this section, there
shall not be taken into account, for purposes of computing any average
under subsection (a), any subscription charge for any high deductible
health plan or any individuals enrolled therein.''.
            (3) Coordination provision.--Nothing in this section or in
        any amendment made by this section shall be considered to
        affect any authority under section 1005(f) of title 39, United
        States Code, to vary, add to, or substitute for any provision
        of chapter 89 of title 5, United States Code, as amended by
        this section.
            (4) Technical amendment.--The second sentence of section
        8909(a) of title 5, United States Code, is amended by inserting
        ``(not including any Government contributions under section
        8906a to a medical savings account)'' after ``of this title''.
    (e) Information to Individuals Who May Be Eligible for Government
Contributions to a Medical Savings Account.--Section 8907 of title 5,
United States Code, is amended by adding at the end the following:
    ``(c) In addition to any information otherwise provided for under
this section, the Office shall make available to all employees and
annuitants eligible to enroll in a high deductible health plan, in a
form acceptable to the Office after consultation with the carrier,
information relating to--
            ``(1) the conditions under which a Government contribution
        shall be made under this chapter to a medical savings account;
            ``(2) the amount of the Government contribution payable
        under this chapter to a medical savings account (or how such
        amount may be ascertained); and
            ``(3) any other matter which the Office considers
        appropriate in connection with medical savings accounts.''.
    (f) Effective Date.--The amendments made by this section shall
apply with respect to contract years beginning on or after January 1,
1999. The Office of Personnel Management shall take appropriate
measures to ensure that coverage under a high deductible health plan
under chapter 89 of title 5, United States Code (as amended by this
section) shall be available as of the beginning of the first contract
year described in the preceding sentence.

SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Inclusion of Employees Enrolled in FEHBP High Deductible Health
Plan.--Clause (iii) of section 220(c)(1)(A) of the Internal Revenue
Code of 1986 (defining eligible individual) is amended by striking
``or'' at the end of subclause (I), by striking the period at the end
of subclause (II) and inserting ``, or'', and by adding at the end the
following new subclause:
                                    ``(III) the high deductible health
                                plan covering such individual is
                                provided under chapter 89 of title 5,
                                United States Code.''.
    (b) Contributions Limited to Federal Contribution.--Subsection (b)
section 220 of such Code (relating to limitations) is amended by adding
at the end the following new paragraph:
            ``(8) Denial of deduction for individuals covered by high
        deductible federal employee health benefits plan.--The
        limitation under this subsection for any month with respect to
        any individual shall be zero if, as of the first day of such
        month, such individual is covered under a high deductible
        health plan provided under chapter 89 of title 5, United States
        Code. For purposes of applying section 106(b) for such month--
                    ``(A) the preceding sentence shall not apply, and
                    ``(B) paragraph (4) shall not apply to any
                individual who is entitled to receive any amount for
                such month by reason of being an annuitant (as defined
                in section 8901(3) of such title 5).''.
    (c) Numerical Limitations, Etc., Not To Apply.--
            (1) In general.--Subsection (i) of section 220 of such Code
        is amended by adding at the end the following new paragraph:
            ``(6) Exception for individuals covered by federal employee
        health benefits plans.--This subsection shall not apply to any
        individual who is an eligible individual by reason of
        subsection (c)(1)(A)(iii)(III). Medical savings accounts
        established by such individuals shall not be taken into account
        in determining whether the numerical limitations under
        subsection (j) are exceeded.''.
            (2) Exception from reporting.--Paragraph (4) of section
        220(j) of such Code is amended by adding at the end the
        following new subparagraph:
                    ``(E) Exception for accounts of individuals covered
                by federal employee health benefits plans.--No report
                shall be required under this paragraph with respect to
                a medical savings account of an individual if such
                account was established at the time such individual was
                an eligible individual by reason of subsection
                (c)(1)(A)(iii)(III).''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees' Compensation
Reform Act of 2011''.

SEC. 2. FEDERAL WORKERS COMPENSATION REFORMS FOR RETIREMENT ELIGIBLE
              EMPLOYEES.

    (a) Transition to Retirement.--
            (1) In general.--Chapter 81 of title 5, United States Code,
        is amended by inserting after section 8106 the following:
``Sec. 8106a. Transition to retirement
    ``(a) Definitions.--In this section--
            ``(1) the term `covered employee' means an employee who--
                    ``(A) is paid compensation under section 8105 or
                8106; and
                    ``(B) on or after attaining retirement age is
                eligible for an annuity under chapter 83 or 84 (other
                than a survivor annuity); and
            ``(2) the term `retirement age' has the meaning given under
        section 216(l)(1) of the Social Security Act (42 U.S.C.
        416(l)(1)).
    ``(b) Notwithstanding any other provision of this chapter, the
payment of compensation under section 8105 or 8106 to a covered
employee shall terminate on the date that the covered employee--
            ``(1) attains retirement age and is eligible for an annuity
        under chapter 83 or 84 (other than a survivor annuity); or
            ``(2) after attaining retirement age becomes eligible for
        an annuity under chapter 83 or 84 (other than a survivor
        annuity).
    ``(c) Not later than 1 year before the date that a covered employee
attains retirement age or subsequently becomes eligible for an annuity
under chapter 83 or 84 (other than a survivor annuity), the Secretary
of Labor shall provide notice of this section to--
            ``(1) the covered employee;
            ``(2) the employing agency of that covered employee; and
            ``(3) the Office of Personnel Management.
    ``(d) The employing agency of a covered employee shall file an
application for an annuity with the Office of Personnel Management in
accordance with section 8352 or 8471.''.
            (2) Technical and conforming amendment.--The table of
        sections for chapter 81 of title 5, United States Code, is
        amended by inserting after the item relating to section 8106
        the following:

``Sec. 8106a. Transition to retirement.''.
    (b) Filing of Applications.--
            (1) Civil service retirement system.--
                    (A) In general.--Chapter 83 of title 5, United
                States Code, is amended by inserting after section 8351
                the following:
``Sec. 8352. Employees transitioning from workers compensation
    ``(a) Definition.--In this section, the term `covered employee'
means an employee who is a covered employee as defined under section
8106a(a)(1) and is eligible for an annuity under this chapter.
    ``(b) Applications.--Not later than 1 year before the date of the
termination of payments of compensation under section 8106a(b) to a
covered employee who is eligible for an annuity under this chapter, the
employing agency of that covered employee shall file an application for
an annuity for that covered employee under this chapter with the Office
of Personnel Management.
    ``(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.''.
                    (B) Technical and conforming amendment.--The table
                of sections for chapter 83 of title 5, United States
                Code, is amended by inserting after the item relating
                to section 8351 the following:

``Sec. 8352. Employees transitioning from workers compensation.''.
            (2) Federal employees retirement system.--
                    (A) In general.--Chapter 84 of title 5, United
                States Code, is amended by inserting after section 8470
                the following:
``Sec. 8471. Employees transitioning from workers compensation
    ``(a) Definition.--In this section, the term `covered employee'
means an employee who is a covered employee as defined under section
8106a(a)(1) and is eligible for an annuity under this chapter.
    ``(b) Applications.--Not later than 1 year before the date of the
termination of payments of compensation under section 8106a(b) to a
covered employee who is eligible for an annuity under this chapter, the
employing agency of that covered employee shall file an application for
an annuity for that covered employee under this chapter with the Office
of Personnel Management.
    ``(c) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this section.''.
                    (B) Technical and conforming amendment.--The table
                of sections for chapter 84 of title 5, United States
                Code, is amended by inserting after the item relating
                to section 8456 the following:

``Sec. 8471. Employees transitioning from workers compensation.''.

SEC. 3. REGULATIONS.

    Not later than 180 days after the date of enactment of this Act,
the Secretary of Labor, after consultation with the Director of the
Office of Personnel Management, shall prescribe regulations to carry
out this Act.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided under subsection (b), this Act
(including the amendments made by this Act) shall take effect on the
date of enactment of this Act.
    (b) Termination of Compensation.--Section 8106a(b) of title 5,
United States Code, (as added by section 2 of this Act) shall take
effect 1 year after the date regulations are prescribed under section
3.