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[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medicare Identity Theft Prevention
Act of 2010''.

SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.

(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new clause:
''(xi) The Secretary of Health and Human Services, in consultation
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number
(or any derivative thereof) is not displayed, coded, or embedded on the
Medicare card issued to an individual who is entitled to benefits under
part A of title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily identifiable as
not being the social security account number (or a derivative
thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate funding
is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such
individuals of such a card that complies with such
amendment not later than 3 years after the effective
date specified under paragraph (1); and
(B) may permit such individuals to apply for the
reissuance of such a card that complies with such
amendment before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(c) Outreach Program.--Subject to subsection (d)(2), the Secretary
of Health and Human Services, in consultation with the Commissioner of
Social Security, shall conduct an outreach program to Medicare
beneficiaries and providers about the new Medicare card provided under
this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply
until adequate funding is appropriated pursuant to
paragraph (3) to implement the provisions of this
section, as determined by Congress; and
(B) any deadlines otherwise established under this
section for such amendment and requirements are
contingent upon the receipt of adequate funding (as
determined in subparagraph (A)) for such
implementation.
The previous sentence shall not affect the timely submission of
the report required under paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--In addition to any amounts made
available to the Secretary of Health and Human Services
for the Program Management Account of the Centers for
Medicare & Medicaid Services for administrative
expenses and to the Commissioner of Social Security for
administrative expenses, and subject to subparagraph
(B), taking into consideration the report submitted
under paragraph (1), there are authorized to be
appropriated such sums as are necessary to carry out
the previous subsections of this section, including
section 205(c)(2)(C)(xi) of the Social Security Act, as
added by subsection (a), for each of the five fiscal
years beginning after the date of submittal of the
report under paragraph (1).
(B) Limitation.--Such funds are not authorized to
be appropriated until after receipt of the report
provided under paragraph (1).
[A]: Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative).

[Q]: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Electronic Warfare Capabilities
Enhancement Act of 2016''.

SEC. 2. FIELDING OF ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND
ELECTRONIC WARFARE CAPABILITIES.

Funds authorized to be appropriated for electromagnetic spectrum
warfare systems and electronic warfare may be used for the development
and fielding of electromagnetic spectrum warfare systems and electronic
warfare capabilities.

SEC. 3. INCLUSION OF ELECTRONIC WARFARE PROGRAMS IN THE RAPID
ACQUISITION AUTHORITY PROGRAM.

(a) In General.--Section 806(c)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note) is amended by adding at the end the following new
subparagraph:
''(D)(i) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense without delegation, are urgently needed to eliminate a
deficiency in electronic warfare that if left unfilled is
likely to result in critical mission failure, the loss of life,
property destruction, or economic effects, the Secretary may
use the procedures developed under this section in order to
accomplish the rapid acquisition and deployment of needed
offensive or defensive electronic warfare capabilities,
supplies, and associated support services.
''(ii) The Secretary of Defense shall ensure, to the extent
practicable, that for the purposes of electronic warfare
acquisition, the Department of Defense shall consider use of
the following procedures:
''(I) The rapid acquisition authority provided
under this section.
''(II) Use of other transactions authority provided
under section 2371 of title 10, United States Code.
''(III) The acquisition of commercial items using
simplified acquisition procedures.
''(IV) The authority for procurement for
experimental purposes provided under section 2373 of
title 10, United States Code.
''(iii) In this subparagraph, the term 'electronic warfare'
means military action involving the use of electromagnetic and
directed energy to control the electromagnetic spectrum or to
attack the enemy, and includes electromagnetic spectrum
warfare, which encompasses military communications and sensing
operations that occur in the electromagnetic operational
domain.''.
(b) Conforming Amendments.--Section 2373 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ''and aeronautical
supplies'' and inserting '', aeronautical supplies, and
electronic warfare''; and
(2) by adding at the end of the following new subsection:
''(c) Electronic Warfare Defined.--The term 'electronic warfare'
means military action involving the use of electromagnetic and directed
energy to control the electromagnetic spectrum or to attack the enemy,
and includes electromagnetic spectrum warfare, which encompasses
military communications and sensing operations that occur in the
electromagnetic operational domain.''.

SEC. 4. AUTHORITY TO WAIVE THE JOINT REQUIREMENTS OVERSIGHT COUNCIL
(JROC) FOR CERTAIN ELECTRONIC WARFARE PROGRAMS.

(a) Alternate Review.--The Secretary of Defense shall delegate to
the Office of the Secretary of Defense's senior electronic warfare
executive the authority to review and validate all Joint Capabilities
Integration and Development System documents for electronic warfare
acquisition programs notwithstanding section 181 of title 10, United
States Code.
(b) JROC Appeal.--The Joint Requirements Oversight Council may
appeal to the Office of the Secretary of Defense to review any program
through the normal Joint Capabilities Integration and Development
System process.

SEC. 5. ELECTRONIC WARFARE EXECUTIVE COMMITTEE REPORTS TO CONGRESS.

(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Electronic Warfare Executive Committee shall
submit to the congressional defense committees a strategic plan with
measurable and timely objectives to achieve its mission according to
the following metrics:
(1) Progress on intra-service ground and air
interoperabilities.
(2) Progress in streamlining the requirements, acquisition,
and budget process to further a rapid electronic warfare
acquisition process.
(3) The efficiency and effectiveness of the acquisition
process for priority electronic warfare items.
(4) The training methods and requirements of the military
services for training in contested electronic warfare
environments.
(5) Capability gaps with respect to near-peer adversaries
identified pursuant to a capability gap assessment.
(6) A joint strategy on achieving near real-time system
adaption to rapidly advancing modern digital electronics.
(7) Progress on increasing innovative electromagnetic
spectrum warfighting methods and operational concepts that
provide advantages within the electromagnetic spectrum
operational domain.
(b) Congressional Defense Committees Defined.--In this section, the
term ''congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
[A]: Electronic Warfare Capabilities Enhancement Act of 2016 This bill permits the use of appropriations authorized for electromagnetic spectrum warfare systems and electronic warfare in order to develop and field electromagnetic spectrum warfare systems and electronic warfare capabilities. The Bob Stump National Defense Authorization Act for Fiscal Year 2003 is amended to include electronic warfare programs in the rapid acquisition authority program. Electronic warfare is military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy, and includes electromagnetic spectrum warfare, which encompasses military communications and sensing operations that occur in the electromagnetic operational domain. The Department of Defense shall delegate to the senior electronic warfare executive the authority to review and validate all Joint Capabilities Integration and Development System documents for electronic warfare acquisition programs. The Electronic Warfare Executive Committee shall submit to the congressional defense committees a strategic plan with measurable and timely objectives to achieve its mission according to specified metrics.

[Q]: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Federal Merit
System Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Allegations of wrongdoing against Special Counsel or Deputy
Special Counsel.
Sec. 4. Discrimination on the basis of sexual orientation prohibited.
Sec. 5. Procedures of the Merit Systems Protection Board.
Sec. 6. Procedures of the Office of Special Counsel.
Sec. 7. Reporting requirements.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

(a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ''2003, 2004, 2005, 2006, and 2007'' and inserting ''2008,
2009, and 2010''.
(b) Office of Special Counsel.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ''2003, 2004, 2005, 2006, and 2007'' and inserting ''2008,
2009, and 2010''.
(c) Effective Date.--This section shall take effect as of October
1, 2007.

SEC. 3. ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY
SPECIAL COUNSEL.

(a) Definitions.--In this section--
(1) the term ''Special Counsel'' refers to the Special
Counsel appointed under section 1211(b) of title 5, United
States Code;
(2) the term ''Integrity Committee'' refers to the
Integrity Committee described in Executive Order 12993
(relating to administrative allegations against inspectors
general) or its successor in function (as identified by the
President); and
(3) the terms ''wrongdoing'' and ''Inspector General'' have
the same respective meanings as under the Executive order cited
in paragraph (2).
(b) Authority of Integrity Committee.--
(1) In general.--An allegation of wrongdoing against the
Special Counsel (or the Deputy Special Counsel) may be
received, reviewed, and referred for investigation by the
Integrity Committee to the same extent and in the same manner
as in the case of an allegation against an Inspector General
(or a member of the staff of an Office of Inspector General),
subject to the requirement that the Special Counsel recuse
himself or herself from the consideration of any allegation
brought under this subsection.
(2) Coordination with existing provisions of law.--This
section does not eliminate access to the Merit Systems
Protection Board for review under section 7701 of title 5,
United States Code. To the extent that an allegation brought
under this subsection involves section 2302(b)(8) of such
title, a failure to obtain corrective action within 120 days
after the date on which that allegation is received by the
Integrity Committee shall, for purposes of section 1221 of such
title, be considered to satisfy section 1214(a)(3)(B) of such
title.
(c) Regulations.--The Integrity Committee may prescribe any rules
or regulations necessary to carry out this section, subject to such
consultation or other requirements as might otherwise apply.

SEC. 4. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION PROHIBITED.

(a) Repudiation.--In order to dispel any public confusion, Congress
repudiates any assertion that Federal employees are not protected from
discrimination on the basis of sexual orientation.
(b) Affirmation.--It is the sense of Congress that, in the absence
of the amendment made by subsection (c), discrimination against Federal
employees and applicants for Federal employment on the basis of sexual
orientation is prohibited by section 2302(b)(10) of title 5, United
States Code.
(c) Discrimination Based on Sexual Orientation Prohibited.--Section
2302(b)(1) of title 5, United States Code, is amended--
(1) in subparagraph (D), by striking ''or'' at the end;
(2) in subparagraph (E), by inserting ''or'' at the end;
and
(3) by adding at the end the following:
''(F) on the basis of sexual orientation;''.

SEC. 5. PROCEDURES OF THE MERIT SYSTEMS PROTECTION BOARD.

(a) Proof of Exhaustion for Individual Right of Action.--Section
1221(a) of title 5, United States Code, is amended--
(1) by striking ''(a)'' and inserting ''(a)(1)''; and
(2) by adding at the end the following:
''(2) For purposes of paragraph (1), an employee, former employee,
or applicant for employment may demonstrate compliance with section
1214(a)(3)(B) by--
''(A) submitting a copy of the complaint or other pleading
pursuant to which such employee, former employee, or applicant
sought corrective action from the Special Counsel with respect
to the personnel action involved; and
''(B) certifying that the Special Counsel did not provide
notice of intent to seek such corrective action to such
employee, former employee, or applicant within the 120-day
period described in such section 1214(a)(3)(B).''.
(b) Individual Requests for Stays.--Section 1221(c) of title 5,
United States Code, is amended by striking paragraph (2) and inserting
the following:
''(2) Any stay requested under paragraph (1) shall be granted
within 10 calendar days (excluding Saturdays, Sundays, and legal
holidays) after the date the request is made, if the Board determines
that the employee, former employee, or applicant has demonstrated that
protected activity described under section 2302(b)(8) was a
contributing factor to the personnel action involved. If the stay
request is denied, the employee, former employee, or applicant may
submit an interlocutory appeal for expedited review by the Board.''.
(c) Joining Subsequent and Related Claims With Pending
Litigation.--
(1) In general.--Section 1221 of title 5, United States
Code, is amended--
(A) by redesignating subsections (h), (i), and (j)
as subsections (i), (j), and (k), respectively; and
(B) inserting after subsection (g) the following:
''(h) During a pending proceeding, subsequent personnel actions may
be joined if the employee, former employee, or applicant for employment
demonstrates that retaliation for protected activity at issue in the
pending proceeding was a contributing factor to subsequent alleged
prohibited personnel practices.''.
(2) Conforming amendment.--Section 1222 of title 5, United
States Code, is amended by striking ''section 1221(i)'' and
inserting ''section 1221(j)''.
(d) Procedural Due Process.--Section 1204(b)(1) of title 5, United
States Code, is amended by inserting ''in accordance with regulations
consistent with the Federal Rules of Civil Procedure, so far as
practicable'' before the period.
(e) Attorney Fees.--Section 7701(g)(1) of title 5, United States
Code, is amended by striking ''if the employee or applicant is the
prevailing party and'' and inserting ''if the claim or claims raised by
the employee or applicant were not frivolous, unreasonable, or
groundless; the case was a substantial or significant factor in the
agency's action providing some relief or benefit to the employee or
applicant; and''.

SEC. 6. PROCEDURES OF THE OFFICE OF SPECIAL COUNSEL.

(a) Investigations of Alleged Prohibited Personnel Practices.--
Section 1212(e) of title 5, United States Code, is amended by striking
''may prescribe such regulations as may be necessary to perform the
functions'' and inserting ''shall prescribe such regulations as may be
necessary to carry out subsection (a)(2) and may prescribe any
regulations necessary to carry out any of the other functions''.
(b) Mandatory Communications With Complainants.--
(1) Contact information.--Section 1214(a)(1)(B) of title 5,
United States Code, is amended by striking clause (ii) and
inserting the following:
''(ii) shall include the name and contact information of a
person at the Office of Special Counsel who--
''(I) shall be responsible for interviewing the
complainant and making recommendations to the Special
Counsel regarding the allegations of the complainant;
and
''(II) shall be available to respond to reasonable
questions from the complainant regarding the
investigation or review conducted by the Special
Counsel, the relevant facts ascertained by the Special
Counsel, and the law applicable to the allegations of
the complainant.''.
(2) Statement after termination of investigation.--Section
1214(a)(2)(A)(iv) of title 5, United States Code, is amended by
striking ''a response'' and inserting ''specific responses''.
(c) Qualifications of Special Counsel.--The third sentence of
section 1211(b) of title 5, United States Code, is amended by striking
''position.'' and inserting ''position and has professional experience
that demonstrates an understanding of and a commitment to protecting
the merit based civil service.''.
(d) Alternative Dispute Resolution Program of the Office of Special
Counsel.--Section 1212 of title 5, United States Code, is amended by
adding at the end the following:
''(h) The Office of Special Counsel shall by regulation provide for
one or more alternative methods for settling matters subject to the
jurisdiction of the Office which shall be applicable at the election of
an employee, former employee, or applicant for employment or at the
direction of the Special Counsel with the consent of the employee,
former employee, or applicant concerned. In order to carry out this
subsection, the Special Counsel shall provide for appropriate offices
in the District of Columbia and other appropriate locations.''.
(e) Substantial Likelihood Determinations.--Section 1213 of title
5, United States Code, is amended--
(1) in subsection (b), by striking ''15 days'' and
inserting ''45 days''; and
(2) in subsection (c)(1), by inserting '', after consulting
with the person who made the disclosure on how to characterize
the issues,'' after ''appropriate agency head''.
(f) Determination of Statutory Requirements Met.--Section 1213(e)
of title 5, United States Code, is amended--
(1) in paragraph (3), by striking ''subsection (e)(1)'' and
inserting ''paragraph (1)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
''(3) Upon receipt of any report of the head of an agency required
under subsection (c), if the Special Counsel is unable to make a
determination under paragraph (2)(A) or (B), the Special Counsel shall
require the agency head to submit any additional information necessary
for the Special Counsel to make such determinations before any
information is transmitted under paragraph (4).''.
(g) Public and Internet Access for Agency Investigations.--Section
1219 of title 5, United States Code, is amended by striking subsections
(a) and (b) and inserting the following:
''(a) The Special Counsel shall maintain and make available to the
public (including on the website of the Office of Special Counsel)--
''(1) a list of noncriminal matters referred to heads of
agencies under subsection (c) of section 1213, together with--
''(A) reports from heads of agencies under
subsection (c)(1)(B) of such section relating to such
matters;
''(B) comments submitted under subsection (e)(1) of
such section relating to such matters, if the person
making the disclosure consents; and
''(C) comments or recommendations by the Special
Counsel under subsection (e)(4) of such section
relating to such matters;
''(2) a list of matters referred to heads of agencies under
section 1215(c)(2);
''(3) a list of matters referred to heads of agencies under
subsection (e) of section 1214, together with certifications
from heads of agencies under such subsection; and
''(4) reports from heads of agencies under section
1213(g)(1).
''(b) The Special Counsel shall take steps to ensure that any list
or report made available to the public or placed on the website of the
Office of Special Counsel under this section does not contain any
information the disclosure of which is prohibited by law or by
Executive order requiring that information be kept secret in the
interest of national defense or the conduct of foreign affairs.''.

SEC. 7. REPORTING REQUIREMENTS.

(a) Merit Systems Protection Board.--Each annual report submitted
by the Merit Systems Protection Board under section 1206 of title 5,
United States Code, shall, with respect to the period covered by such
report, include--
(1) the number of cases and alleged violations of section
2302 of such title 5 filed with the Board for each agency,
itemized for each prohibited personnel practice;
(2) the number of cases and alleged violations of section
2302 of such title 5 that the Board determines for each agency,
itemized for each prohibited personnel practice and compared to
the total number of cases and allegations filed with the Board
for each, both with respect to the initial decisions by
administrative judges and final Board decisions;
(3) the number of cases and allegations in which corrective
action was provided, compared to the total number of cases and
allegations filed with the Board for each, itemized separately
for settlements and final Board decisions; and
(4) with respect to paragraphs (8) and (9) of section 2302
(b) of such title 5, the number of cases in which the Board has
ruled in favor of the employee on the merits of the claim
compared to the total number of cases and allegations filed
with the Board for each, where findings of fact and conclusions
of law were issued on whether those provisions were violated,
independent from cases disposed by procedural determinations,
including a separate itemization of both initial decisions by
administrative judges and final Board decisions for each
category.
(b) Office of Special Counsel.--Each annual report submitted under
section 1218 of title 5, United States Code, by the Special Counsel or
an employee designated by the Special Counsel shall, with respect to
the period covered by such report, include--
(1) the number of cases and allegations for each prohibited
personnel practice, delineated by type of prohibited personnel
practice;
(2) for each type of prohibited personnel practice, the
number of cases and allegations as to which the Office of
Special Counsel found reasonable grounds to believe section
2302 of such title 5 had been violated;
(3) for each type of prohibited personnel practice, the
number of cases and allegations as to which the Office of
Special Counsel referred the complaint for full field
investigation;
(4) for each prohibited personnel practice, the number of
cases and allegations as to which the Office of Special Counsel
recommended corrective action;
(5) for each prohibited personnel practice, the number of
cases and allegations as to which the Office of Special Counsel
conducted a mediation or other form of alternative dispute
resolution, with statistics and illustrative examples
describing the results with particularity;
(6) the number of instances in which the Office of Special
Counsel referred disclosures submitted under section 1213 of
such title 5 to an agency head, without any finding under
subsection (c) or (g) of such section;
(7) a statistical tabulation of results for each customer
satisfaction survey question, both with respect to allegations
of prohibited personnel practice submitted under section 1214
of such title 5 and disclosures submitted under section 1213 of
such title; and
(8) for each provision under section 1216(a) (1) through
(5) and (c) of such title 5, the number of cases and
allegations, the number of field investigations opened, the
number of instances in which corrective action was sought, and
the number of instances in which corrective action was
obtained.
(c) Annual Survey.--Section 13(a) of the Act entitled ''An Act to
reauthorize the Office of Special Counsel, and for other purposes'',
approved October 29, 1994 (5 U.S.C. 1212 note; Public Law 103-424) is
amended in the first sentence by inserting '', including individuals
who disclose information to the Office of Special Counsel under section
1213'' before the period.
[A]:
Federal Merit System Reauthorization Act of 2007 - Amends the Whistleblower Protection Act of 1989 to authorize appropriations for FY2008-FY2010 for the Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC).

Repudiates assertions that federal employees are not protected from discrimination on the basis of sexual orientation. Expresses the sense of Congress that discrimination on such basis against federal employees and applicants is currently prohibited. Prohibits any federal employee who has authority to take, direct, recommend, or approve any personnel action from discriminating for or against any federal employee or applicant on such basis.

Revises procedures of the MSPB and OSC, including by requiring the MSPB to use the National Labor Relations Board model for procedural due process and by requiring the OSC to prescribe regulations necessary to receive and investigate allegations of prohibited personnel practices.

Requires the Special Counsel to have professional experience that demonstrates an understanding of and a commitment to protecting the merit based civil service.

Requires the OSC to publish specified whistleblower disclosures and reports.

Sets forth MSPB and OSC reporting requirements with respect to incidences of prohibited personnel practices.