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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding Access to Medical Records 
Act''.

SEC. 2. FULL ACCESS TO MEDICARE INFORMATION BY THE AUTHORIZED 
              REPRESENTATIVE OF A DECEASED BENEFICIARY.

    (a) In General.--Title XVIII of the Social Security Act (42 U.S.C. 
1395 et seq.) is amended by adding at the end the following new 
section:

``full access to medicare information by the authorized representative 
                       of a deceased beneficiary

    ``Sec. 1899.  (a) In General.--In the case of the death of an 
individual entitled to, or enrolled for, benefits under part A or 
enrolled for benefits under part B, the Secretary shall--
            ``(1) make available to the authorized representative of 
        the individual all information concerning the individual's 
        benefits under this title, including--
                    ``(A) the coverage and status of such benefits (as 
                of the day before the individual's death); and
                    ``(B) billing, claims, and payment information 
                regarding items and services furnished to the 
                individual under this title (on or before such day); 
                and
            ``(2) provide such authorized representative access to any 
        source of information maintained by the Federal government with 
        respect to such benefits, including online databases, that the 
        individual had access to during his or her lifetime.
    ``(b) Definition of Authorized Representative; Special Rules.--
            ``(1) In general.--In this section, the term `authorized 
        representative' means an executor, administrator, or other 
        individual who has authority to act on the deceased 
        individual's behalf (as determined by the Secretary under 
        paragraph (2)).
            ``(2) Determination of authorized representative.--
                    ``(A) In general.--The Secretary shall establish 
                procedures under which the Secretary determines whether 
                an individual is an authorized representative of the 
                deceased individual. Under such procedures, the 
                individual seeking such determination shall provide 
                evidence (in such form and such manner as specified by 
                the Secretary) of the individual's legal authority to 
                act on behalf of the deceased individual.
                    ``(B) Timeline for determination.--The Secretary 
                shall make a determination under subparagraph (A) not 
                later than 30 days after receipt of the evidence 
                described in such subparagraph.
            ``(3) Notification and access to information.--After making 
        a determination under paragraph (2) with respect to an 
        individual, the Secretary shall--
                    ``(A) notify the individual of the determination 
                not later than 7 days after the date on which the 
                determination is made; and
                    ``(B) in the case where such individual is so 
                determined to be the authorized representative of the 
                deceased individual, as soon as practicable--
                            ``(i) make available to the authorized 
                        representative the information described in 
                        paragraph (1) of subsection (a); and
                            ``(ii) provide the authorized 
                        representative access to the sources described 
                        in paragraph (2) of such subsection.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date that is 60 days after the date of enactment of this 
Act.

SEC. 3. FULL ACCESS TO MEDICAID INFORMATION BY THE AUTHORIZED 
              REPRESENTATIVE OF A DECEASED BENEFICIARY.

    (a) In General.--Title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.) is amended by adding at the end the following new 
section:

``full access to medicaid information by the authorized representative 
                       of a deceased beneficiary

    ``Sec. 1943.  (a) In General.--In the case of the death of an 
individual enrolled under the State plan for medical assistance or 
under a waiver of such plan, the State Medicaid agency shall--
            ``(1) make available to the authorized representative of 
        the individual all information concerning the individual's 
        benefits under this title, including--
                    ``(A) the coverage and status of such benefits (as 
                of the day before the individual's death); and
                    ``(B) billing, claims, and payment information 
                regarding items and services furnished to the 
                individual under this title (on or before such day); 
                and
            ``(2) provide such authorized representative access to any 
        source of information maintained by the State with respect to 
        such benefits, including online databases, that the individual 
        had access to during his or her lifetime.
    ``(b) Definition of Authorized Representative; Special Rules.--
            ``(1) In this section, the term `authorized representative' 
        means an executor, administrator, or other individual who has 
        authority to act on the deceased individual's behalf (as 
        determined by the State Medicaid agency under paragraph (2)).
            ``(2) Determination of authorized representative.--
                    ``(A) In general.--The State Medicaid agency shall 
                establish procedures under which such agency determines 
                whether an individual qualifies as an authorized 
                representative of the deceased individual. Under such 
                procedures, the individual seeking such a determination 
                shall provide evidence (in such form and such manner as 
                specified by the State Medicaid Agency) of the 
                individual's legal authority to act on behalf of the 
                deceased individual.
                    ``(B) Timeline for determination.--The State 
                Medicaid agency shall make a determination under 
                subparagraph (A) not later than 30 days after receipt 
                of the evidence described in such subparagraph.
            ``(3) Notification and access to information.--After making 
        a determination under paragraph (2) with respect to an 
        individual, the State Medicaid Agency shall--
                    ``(A) notify the individual of the determination 
                not later than 7 days after the date on which the 
                determination is made; and
                    ``(B) in the case where such individual is so 
                determined to be the authorized representative of the 
                deceased individual, as soon as practicable--
                            ``(i) make available to the authorized 
                        representative the information described in 
                        paragraph (1) of subsection (a); and
                            ``(ii) provide the authorized 
                        representative access to the sources described 
                        in paragraph (2) of such subsection.
    ``(c) Definition of State Medicaid Agency.--The term `State 
Medicaid agency' means the State agency responsible for administering 
the State plan established under this title or any waiver of such 
plan.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this section shall take effect on the date 
        that is 60 days after the date of enactment of this Act.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under this title which the 
        Secretary of Health and Human Services determines requires 
        State legislation in order for the plan to meet the additional 
        requirements imposed by the amendment made by subsection (a), 
        the State plan shall not be regarded as failing to comply with 
        the requirements of such title solely on the basis of its 
        failure to meet these additional requirements before the first 
        day of the first calendar quarter beginning after the close of 
        the first regular session of the State legislature that begins 
        after the date of the enactment of this Act. For purposes of 
        the previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session is considered to 
        be a separate regular session of the State legislature.
Expanding Access to Medical Records Act - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the Secretary of Health and Human Services (HHS) grant the authorized representative of a deceased beneficiary full access to information with respect to the deceased beneficiary's benefits under the Medicare and Medicaid programs.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Non-Discrimination Act of 
2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Public school students who are lesbian, gay, bisexual 
        or transgender (LGBT), or are perceived to be LGBT, or who 
        associate with LGBT people, have been and are subjected to 
        pervasive discrimination, including harassment, bullying, 
        intimidation and violence, and have been deprived of equal 
        educational opportunities, in schools in every part of our 
        Nation.
            (2) While discrimination, including harassment, bullying, 
        intimidation and violence, of any kind is harmful to students 
        and to our education system, actions that target students based 
        on sexual orientation or gender identity represent a distinct 
        and especially severe problem.
            (3) Numerous social science studies demonstrate that 
        discrimination, including harassment, bullying, intimidation 
        and violence, at school has contributed to high rates of 
        absenteeism, dropout, adverse health consequences, and academic 
        underachievement among LGBT youth.
            (4) When left unchecked, discrimination, including 
        harassment, bullying, intimidation and violence, in schools 
        based on sexual orientation or gender identity can lead, and 
        has lead to, life-threatening violence and to suicide.
            (5) Public school students enjoy a variety of 
        constitutional rights, including rights to equal protection, 
        privacy, and free expression, which are infringed when school 
        officials engage in discriminatory treatment or are indifferent 
        to discrimination, including harassment, bullying, intimidation 
        and violence, on the basis of sexual orientation or gender 
        identity.
            (6) While Federal statutory protections expressly address 
        discrimination on the basis of race, color, sex, religion, 
        disability, and national origin, Federal civil rights statutes 
        do not expressly include ``sexual orientation'' or ``gender 
        identity''. As a result, students and parents have often had 
        limited legal recourse to redress for discrimination on the 
        basis of sexual orientation or gender identity.
    (b) Purposes.--The purposes of this Act are--
            (1) to ensure that all students have access to public 
        education in a safe environment free from discrimination, 
        including harassment, bullying, intimidation and violence, on 
        the basis of sexual orientation or gender identity;
            (2) to provide a comprehensive Federal prohibition of 
        discrimination in public schools based on actual or perceived 
        sexual orientation or gender identity;
            (3) to provide meaningful and effective remedies for 
        discrimination in public schools based on actual or perceived 
        sexual orientation or gender identity;
            (4) to invoke congressional powers, including but not 
        limited to the power to enforce the 14th Amendment to the 
        Constitution and to provide for the general welfare pursuant to 
        section 8 of article I of the Constitution and the power to 
        enact all laws necessary and proper for the execution of the 
        foregoing powers pursuant to section 8 of article I of the 
        Constitution, in order to prohibit discrimination in public 
        schools on the basis of sexual orientation or gender identity; 
        and
            (5) to allow the Department of Education to effectively 
        combat discrimination based on sexual orientation or gender 
        identity in public schools through regulation and enforcement, 
        as the Department has issued regulations under and enforced 
        title IX of the Education Amendments of 1972 and other 
        nondiscrimination laws in a manner that effectively addresses 
        discrimination.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Program or activity.--The terms ``program or activity'' 
        and ``program'' have same meanings given such terms as applied 
        under section 606 of the Civil Rights Act of 1964 (42 U.S.C. 
        2000d-4a) to the operations of public entities under paragraph 
        (2)(B) of such section.
            (2) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, or mannerisms or other 
        gender-related characteristics of an individual, with or 
        without regard to the individual's designated sex at birth.
            (3) Harassment.--The term ``harassment'' means conduct that 
        is sufficiently severe, persistent, or pervasive to limit a 
        student's ability to participate in or benefit from a public 
        school education program or activity, or to create a hostile or 
        abusive educational environment at a public school, including 
        acts of verbal, nonverbal, or physical aggression, 
        intimidation, or hostility, if such conduct is based on--
                    (A) a student's actual or perceived sexual 
                orientation or gender identity; or
                    (B) the actual or perceived sexual orientation or 
                gender identity of a person or persons with whom a 
                student associates or has associated.
            (4) Public schools.--The term ``public schools'' means 
        public elementary and secondary schools, including local 
        educational agencies, educational service agencies, and State 
        educational agencies, as defined in section 9101 of the 
        Elementary and Secondary Education Act of 1965.
            (5) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.
            (6) Student.--The term ``student'' means an individual who 
        is enrolled in a public school or who, regardless of official 
        enrollment status, attends classes or participates in a public 
        school's programs or educational activities.

SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.

    (a) In General.--No student shall, on the basis of actual or 
perceived sexual orientation or gender identity of such individual or 
of a person with whom the student associates or has associated, be 
excluded from participation in, or be denied the benefits of, or be 
subjected to discrimination under any program or activity receiving 
Federal financial assistance.
    (b) Harassment.--For purposes of this Act, discrimination includes, 
but is not limited to, harassment of a student on the basis of actual 
or perceived sexual orientation or gender identity of such student or 
of a person with whom the student associates or has associated.
    (c) Retaliation Prohibited.--
            (1) Prohibition.--No person shall be excluded from 
        participation in, be denied the benefits of, or be subjected to 
        discrimination, retaliation, or reprisal under any program or 
        activity receiving Federal financial assistance based on his or 
        her opposition to conduct made unlawful by this Act.
            (2) Definition.--For purposes of this subsection, 
        ``opposition to conduct made unlawful by this Act'' includes, 
        but is not limited to--
                    (A) opposition to conduct reasonably believed to be 
                made unlawful by this Act,
                    (B) any formal or informal report, whether oral or 
                written, to any governmental entity, including public 
                schools and employees thereof, regarding conduct made 
                unlawful by this Act or reasonably believed to be made 
                unlawful by this Act,
                    (C) participation in any investigation, proceeding, 
                or hearing related to conduct made unlawful by this Act 
                or reasonably believed to be made unlawful by this Act, 
                and
                    (D) assistance or encouragement provided to any 
                other person in the exercise or enjoyment of any right 
                granted or protected by this Act,
        if in the course of that expression, the person involved does 
        not purposefully provide information known to be false to any 
        public school or other governmental entity regarding a 
        violation, or alleged violation, of this Act.

SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL 
              COMMITTEES.

    Each Federal department and agency which is empowered to extend 
Federal financial assistance to any education program or activity, by 
way of grant, loan, or contract other than a contract of insurance or 
guaranty, is authorized and directed to effectuate the provisions of 
section 4 of this Act with respect to such program or activity by 
issuing rules, regulations, or orders of general applicability which 
shall be consistent with achievement of the objectives of the Act 
authorizing the financial assistance in connection with which the 
action is taken. No such rule, regulation, or order shall become 
effective unless and until approved by the President. Compliance with 
any requirement adopted pursuant to this section may be effected--
            (1) by the termination of or refusal to grant or to 
        continue assistance under such program or activity to any 
        recipient as to whom there has been an express finding on the 
        record, after opportunity for hearing, of a failure to comply 
        with such requirement, but such termination or refusal shall be 
        limited to the particular political entity, or part thereof, or 
        other recipient as to whom such a finding has been made, and 
        shall be limited in its effect to the particular program, or 
        part thereof, in which such noncompliance has been so found, or
            (2) by any other means authorized by law,
except that no such action shall be taken until the department or 
agency concerned has advised the appropriate person or persons of the 
failure to comply with the requirement and has determined that 
compliance cannot be secured by voluntary means. In the case of any 
action terminating, or refusing to grant or continue, assistance 
because of failure to comply with a requirement imposed pursuant to 
this section, the head of the Federal department or agency shall file 
with the committees of the House and Senate having legislative 
jurisdiction over the program or activity involved a full written 
report of the circumstances and the grounds for such action. No such 
action shall become effective until 30 days have elapsed after the 
filing of such report.

SEC. 6. CAUSE OF ACTION.

    (a) Cause of Action.--Subject to subsection (c) of this section, an 
aggrieved individual may assert a violation of this Act in a judicial 
proceeding. Aggrieved persons may be awarded all appropriate relief, 
including but not limited to equitable relief, compensatory damages, 
cost of the action, and remedial action.
    (b) Rule of Construction.--This section shall not be construed to 
preclude an aggrieved individual from obtaining other remedies under 
any other provision of law or to require such individual to exhaust any 
administrative complaint process or notice-of-claim requirement before 
seeking redress under this section.
    (c) Statute of Limitations.--For actions brought pursuant to this 
section, the statute of limitations period shall be determined in 
accordance with section 1658(a) of title 28 of the United States Code. 
The tolling of any such limitations period shall be determined in 
accordance with the law governing actions under section 1979 of the 
Revised Statutes (42 U.S.C. 1983) in the forum State.

SEC. 7. STATE IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the 11th 
Amendment to the Constitution of the United States from suit in Federal 
court for a violation of this Act.
    (b) Waiver.--A State's receipt or use of Federal financial 
assistance for any program or activity of a State shall constitute a 
waiver of sovereign immunity, under the 11th Amendment to the 
Constitution or otherwise, to a suit brought by an aggrieved individual 
for a violation of section 4 of this Act.
    (c) Remedies.--In a suit against a State for a violation of this 
Act, remedies (including remedies both at law and in equity) are 
available for such a violation to the same extent as such remedies are 
available for such a violation in the suit against any public or 
private entity other than a State.

SEC. 8. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 
amended by inserting ``the Student Nondiscrimination Act of 2011,'' 
after ``Religious Land Use and Institutionalized Persons Act of 
2000,''.

SEC. 9. EFFECT ON OTHER LAWS.

    (a) Federal and State Nondiscrimination Laws.--Nothing in this Act 
shall be construed to preempt, invalidate, or limit rights, remedies, 
procedures, or legal standards available to victims of discrimination 
or retaliation under any other Federal law or law of a State or 
political subdivision of a State, including title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of 
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this 
Act are in addition to those imposed by title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
    (b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards 
regarding, or affect the rights available to individuals or groups 
under, other Federal laws that establish protections for freedom of 
speech and expression, such as legal standards and rights available to 
religious and other student groups under the 1st Amendment to the 
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).

SEC. 10. SEVERABILITY.

    If any provision of this Act, or any application of such provision 
to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provision to any 
other person or circumstance shall not be affected.

SEC. 11. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act and shall not apply to conduct occurring before the 
effective date of this Act.
Student Non-Discrimination Act of 2011 - Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.

Considers harassment to be a form of discrimination.

Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.

Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.

Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney's fees should they prevail.

Deems a state's receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prison Work and Victim Restitution 
Act of 1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) work is inherently American and honorable;
            (2) work is of fundamental importance to any orderly 
        society which reveres such common values as responsibility, 
        independence, and respect for others;
            (3) in order to reduce recidivism, provide restitution to 
        victims, reparations to communities, and promote the values of 
        responsibility, independence, and respect for others, the 
        Federal Government should enact policies which expand work, 
        educational, and life skills opportunities for prisoners 
        incarcerated in Federal and State penal institutions;
            (4) American taxpayers are justified to expect that 
        prisoners reimburse the United States Treasury for the cost of 
        their incarceration, and in addition, that prisoners should 
        make monetary restitution to a fund which benefits the victims 
        of crime;
            (5) prisoners should be prohibited from engaging in certain 
        types of activities which are not healthy and conducive to 
        their successful rehabilitation and restitution;
            (6) prisoners should not have access to certain amenities 
        which are unnecessary, enhance leisure activities, or do not 
        promote successful rehabilitation;
            (7) prisoners should not be guaranteed the same wage and 
        working conditions guaranteed to hard working, law abiding 
        Americans;
            (8) existing Federal laws limit prisoners from engaging in 
        work, and do not impose mandatory work requirements for 
        prisoners; and
            (9) existing barriers to prisoner labor should be removed 
        and Federal laws should be strengthened to ensure that 
        prisoners, their victims, taxpayers, and society in general 
        reap the maximum benefits and positive values associated with 
        work.

SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS.

    (a) Work Requirement.--Section 2905 of the Crime Control Act of 
1990 (18 U.S.C. 4121 note) is amended by adding at the end of 
subsection (a) the following: ``Subject to this section, such inmates 
shall engage in work for not less than 50 hours weekly. In addition 
inmates shall engage job-training and educational and life skills 
preparation study. In the event that opportunities otherwise provided 
by law for inmates to work are not sufficient to meet the requirements 
of the preceding sentence, notwithstanding any other provision of law, 
the services of prisoners may also be made available to nonprofit 
entities to carry out any of their business or other functions. Each 
authority of the United States that makes grants to nonprofit entities 
shall take appropriate action to inform such entities of the 
availability of inmates for this purpose. The Attorney General shall 
make rules governing the provision of services by inmates to such 
entities and the payment of any wages or other compensation for such 
services.''.
    (b) Use of Prison Labor by Private Entities.--
            (1) Section 4125(a) of title 18, United States Code, is 
        amended by inserting ``, and notwithstanding any other 
        provision of law, to for-profit American entities either 
        located in a foreign country or considering moving to a foreign 
        country by reason of high domestic labor costs for work for 
        those entities'' after ``Congress''.
            (2) The Attorney General may provide incentives to American 
        entities either located in a foreign country or considering 
        moving to a foreign country by reason of high domestic labor 
        costs, such as the use of space and facilities in Federal 
        prisons at a free or reduced rate.
    (3) The Attorney General shall make rules governing the provision 
of services by prisoners to private for-profit entities under this 
subsection and the amendment made by this subsection. Such rules shall 
govern the wages and other proceeds paid by entities for those 
services.
    (c) Use of Revenues From Prison Labor.--
            (1) There is established in the Treasury a Fund 
        (hereinafter in this subsection referred to as the ``Fund''.
            (2) All proceeds and wages, less any taxes or withholding 
        required by Federal or State law, from prison labor shall be 
        placed in the Fund.
            (3) The Fund shall be used, under guidelines established by 
        the Attorney General, as follows:
                    (A) One third shall be used to offset the costs of 
                prisoner incarceration.
                    (B) One third shall be used for victim restitution.
                    (C) One tenth to be held in a non-interest bearing 
                account for the individual prisoner, to be paid on 
                release from prison, but if the prisoner will not be 
                eligible for release, then this portion shall be 
                immediately available for use under subparagraph (B).
                    (D) The remainder to States for programs to benefit 
                the dependents of prisoners, but only to those States 
                the Attorney General determines have substantially the 
                same prison work requirements and prison conditions as 
                established for Federal prisoners.

SEC. 4. PRISONERS UNDER THE FAIR LABOR STANDARDS ACT OF 1938 AND THE 
              OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970.

    (a) Fair Labor Standards Act of 1938.--Section 3(e) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended by adding at 
the end the following:
    ``(5) The term `employee' does not include a prisoner confined in a 
Federal or State prison, in a prison of a political subdivision of a 
State, or in a prison maintained for the Federal Government, a State 
government, or political subdivision government.''.
    (b) Occupational Safety and Health Act of 1970.--Section 3(6) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(6)) is 
amended by adding at the end the following: ``The term `employee' does 
not include a prisoner confined in a Federal or State prison, in a 
prison of a political subdivision of a State, or in a prison maintained 
for the Federal Government, a State government, or political 
subdivision government.''.

SEC. 5. PRISON CONDITIONS.

    The Bureau of Prisoners shall ensure that Federal prisoners--
            (1) do not smoke, use or possess any type of tobacco;
            (2) do not possess, view or read pornographic or sexually 
        explicit materials;
            (3) are subject to regular and random testing for drugs and 
        illegal substances;
            (4) do not possess microwave ovens, hot plates, toaster 
        ovens, or televisions (unless provided by the prison for group 
        viewing), or VCRs;
            (5) do not possess, or listen to, music which contains 
        lyrics that are violent, sexually explicit, vulgar, glamorize 
        gang membership or activities, demean women or disrespect law 
        enforcement;
            (6) do not view cable television which is not educational 
        in nature; and
            (7) do not engage in sexual activity.

SEC. 6. CONVICT PILOT PROJECTS.

    Section 1761(c)(1) of title 18, United States Code, is amended by 
striking ``--one of not more than 50''.

Prison Work and Victim Restitution Act of 1996 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in:  (1) work for no fewer than 50 hours weekly; and (2) job-training and educational and life skills preparation study.  Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements. 
Authorizes the Attorney General to:  (1) make prisoners available to for-profit American entities either located in a foreign country or considering moving to a foreign country because of high domestic labor costs, subject to specified requirements; and (2) provide incentives to such entities, such as the use of space and facilities in Federal prisons at a free or reduced rate. 
Directs the Attorney General to make rules governing the provision of services by inmates to such nonprofit and for-profit entities. 
Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor.  Directs that such Fund be used:  (1) to offset the costs of prisoner incarceration (one third); (2) for victim restitution (one third); (3) for payment into the individual prisoner's account to be paid upon his or her release (one tenth); and (4) for payments to States with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners. 
 Amends the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970 to exclude prisoners from the term "employee" for purposes of such Acts. 
Directs the Bureau of Prisons to ensure that Federal prisoners: (1) are subject to regular and random testing for drugs and illegal substances; (2) do not engage in specified activities, such as smoking, viewing pornographic materials, or sexual activity; and (3) do not possess microwave ovens, hot plates, toaster overs, televisions, or VCRs. 
Repeals the limitation on the number of non-Federal prison work pilot projects with respect to which penalties for transporting in interstate commerce or importing from any foreign country into the United States goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners are inapplicable.