Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Contact Lens Prescription Release
Act of 2002''.

SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES.

    (a) Availability of Contact Lens Prescription Information.--No
later than 9 months after the date of enactment of this Act, the
Federal Trade Commission shall promulgate a rule under section 553 of
title 5, United States Code, to require that a prescriber shall, upon
completion of the contact lens fitting process for a patient--
            (1) provide to the patient a copy of the prescriber's
        prescription for contact lenses, regardless of whether or not
        the patient requests such a copy; and
            (2) upon request of the patient or an agent of the
        patient--
                    (A) provide a copy of such a prescription to the
                patient or an agent of the patient; or
                    (B) promptly verify to an agent of the patient,
                including by electronic means, the information
                contained in such a prescription.
    (b) Expiration of Prescription.--The rule promulgated under
subsection (a) shall also provide that any contact lens prescription
shall expire--
            (1) except as provided in paragraph (2), on the later of--
                    (A) the date, if any, provided by the laws of the
                State that issued the license under the authority of
                which the prescription is issued; or
                    (B) a date that shall be prescribed by the
                Commission in the rule; or
            (2) on any expiration date specified by the prescriber that
        is different than the date that applies under paragraph (1) and
        that is based on the medical judgment of the prescriber with
        respect to the patient's ocular health.
    (c) Violations.--Any violation of a rule promulgated under this
section shall be treated as a violation of a rule under section 18 of
the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or
deceptive acts or practices.

SEC. 3. REQUIREMENTS APPLICABLE TO INDUSTRY MEMBERS.

    (a) Content of Advertisements and Sales Presentations.--No later
than 9 months after the date of enactment of this Act, the Federal
Trade Commission shall promulgate a rule under section 553 of title 5,
United States Code, to make it an unfair or deceptive act or practice
for any industry member to publish, or cause to be published, any
advertisement or sales presentation relating to contact lenses that
represents, directly or by implication, that contact lenses may be
obtained without a valid prescription.
    (b) Prescription Requirement.--
            (1) In general.--The rule promulgated under this section
        shall--
                    (A) prohibit selling contact lenses to a consumer
                unless the seller--
                            (i) obtains a copy of an unexpired
                        prescription; or
                            (ii) verifies the prescription in
                        accordance with paragraph (2); and
                    (B) require a seller of contact lenses to--
                            (i) record notifications made pursuant to
                        paragraph (2)(B) and the responses to such
                        notifications; and
                            (ii) preserve such records for a period of
                        time prescribed by the Commission.
            (2) Prescription verification.--The rule promulgated under
        this section shall provide that a prescription shall be
        considered verified for purposes of paragraph (1)(A) if the
        seller--
                    (A) notifies the prescriber that the patient or an
                agent of the patient seeks contact lenses from the
                seller; and
                    (B) gives the prescriber a sufficient opportunity
                (as prescribed in the rule) to correct any errors in
                the prescription.
    (c) Violations.--Any violation of a rule promulgated under this
section shall be treated as a violation of a rule under section 18 of
the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or
deceptive acts or practices.

SEC. 4. EFFECT ON STATE LAW.

    This Act and the regulations issued under this Act shall not affect
any State law that regulates who is authorized to fit contact lenses.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Completion of the contact lens fitting process.--The
        term ``completion of the contact lens fitting process'' means
        completion of the process that--
                    (A) begins after the initial eye examination;
                    (B) includes--
                            (i) an examination to determine what the
                        lens specifications should be;
                            (ii) except in the case of a renewal of a
                        prescription, an initial evaluation of the fit
                        of the lens on the patient's eye; and
                            (iii) followup examinations that are
                        medically necessary; and
                    (C) ends when--
                            (i) except in the case of a renewal of a
                        prescription, the prescriber is satisfied that
                        a successful fit has been achieved; or
                            (ii) in the case of a renewal of a
                        prescription, the prescriber determines that
                        there is no change in the prescription.
            (3) Industry member.--The term ``industry member'' means a
        person that engages in the manufacture, processing, assembly,
        sale, offering for sale, or distribution of contact lenses.
            (4) Prescriber.--The term ``prescriber'' means an
        ophthalmologist or optometrist who performs eye examinations
        under a license issued by a State.
            (5) Prescription.--The term ``prescription'' means the
        specifications necessary for a patient to obtain contact
        lenses, that include--
                    (A) all parameters of the contact lenses that are
                necessary to allow duplication of the lenses;
                    (B) a clear notation that the patient is suitable
                for contact lenses;
                    (C) the patient's name;
                    (D) the date of the examination on which the
                prescription is based;
                    (E) the date the prescription is issued;
                    (F) the name, postal address, voice telephone
                number, and facsimile telephone number of the
                prescriber that issues the prescription; and
                    (G) the date on which the prescription expires.

Output: Contact Lens Prescription Release Act of 2002 - Instructs the Federal Trade Commission (FTC) to promulgate a rule on ophthalmic practice that requires a contact lens prescriber to provide the patient (or, upon request, the patient's agent) a copy of the contact lens prescription. Sets forth guidelines for the rule pertaining to expiration dates for contact lenses.Directs the FTC to promulgate a rule to make it an unfair trade practice for a contact lenses industry member to: (1) publish any advertisement or sales presentation relating to contact lenses that represents that they may be obtained without a valid prescription; or (2) sell contact lenses to a consumer or agent of a consumer unless the seller obtains a copy of an unexpired prescription or verifies the prescription by notifying the prescriber of the intended sale.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security COLA Fix for 2010
Act''.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--The Congress finds that--
            (1) no cost-of-living increase in social security benefits
        is anticipated under current law for 2010; and
            (2) the rising costs being endured by our Nation's seniors
        and disabled individuals makes the lack of such a cost-of-
        living increase particularly burdensome for them and their
        families.
    (b) Statement of Policy.--It is the policy of this Act to provide
some compensation to our Nation's seniors and disabled individuals and
their families for the lack of a cost-of-living increase in social
security benefits for 2010 by providing for them a benefit increase of
$150 for one month in 2010.

SEC. 3. SOCIAL SECURITY BENEFIT INCREASE FOR ONE MONTH PAYABLE IN 2010.

    (a) In General.--Except as provided in this section, each
individual who is entitled to a monthly insurance benefit under section
202 or 223 of the Social Security Act (42 U.S.C. 402, 423) for the
month in which this Act is enacted and is also entitled to such benefit
for the applicable increase month (as defined in subsection (b)) shall
be entitled to an increase in such benefit for the applicable increase
month in the amount of $150.
    (b) Applicable Increase Month.--For purposes of this section, the
term ``applicable increase month'' means the first month beginning
after 180 days after the date of the enactment of this Act
    (c) Restriction of Increase to One Month.--Nothing in this section
shall affect the amount of a benefit under section 202 or 223 of the
Social Security Act for any month other than the applicable increase
month.
    (d) Notice.--Not later than the date of the benefit payment to each
individual which reflects the benefit increase under this section, the
Secretary of the Treasury shall issue to such individual a written
notice which includes the following statement: ``Your benefit payment
for ______ reflects a one-time increase in monthly insurance benefits
for that month of $150 which is in lieu of an annual cost-of-living
increase in benefits for 2010.'', with the blank space therein being
filled with a reference to the calendar month which is the applicable
increase month.
    (e) Simultaneous Entitlements.--In any case in which an individual
is entitled to 2 or more monthly insurance benefits under title II of
the Social Security Act for the applicable increase month, the increase
provided in subsection (a) shall apply to the total amount of such
benefits for the applicable increase month, after application of
section 202(k)), in lieu of the amount of each benefit which is so
payable.
    (f) Effect on Family Maximum.--The amount of the increase in
monthly insurance benefits under subsection (a) shall be disregarded in
determining reductions in benefits under section 203(a) of the Social
Security Act (42 U.S.C. 403(a)).
    (g) Increase To Be Disregarded for Purposes of All Federal and
Federally Assisted Programs.--The increase under subsection (a) shall
not be regarded as income and shall not be regarded as a resource for
the applicable increase month and the following 9 months, for purposes
of determining the eligibility of the recipient (or the recipient's
spouse or family) for benefits or assistance, or the amount or extent
of benefits or assistance, under any Federal program or under any State
or local program financed in whole or in part with Federal funds.
    (h) Increase Not Considered Income for Purposes of Taxation.--The
increase under subsection (a) shall not be considered as gross income
for purposes of the Internal Revenue Code of 1986.
    (i) Benefits Not Otherwise Payable.--Nothing in this section shall
be construed to provide, in connection with the increase of any benefit
under this section, for a payment of any amount of such benefit if such
benefit is not otherwise payable under subsection (t) or (x) of section
202 of the Social Security Act (42 U.S.C. 402(t), (x)).

SEC. 4. INCREASES IN CONTRIBUTION AND BENEFIT BASE IRRESPECTIVE OF
              WHETHER A COST-OF-LIVING INCREASE IN BENEFITS HAS
              OCCURRED.

    (a) In General.--Section 230(a) of the Social Security Act (42
U.S.C. 430(a)) is amended--
            (1) by striking ``Whenever the Commissioner'' and all that
        follows through ``the Commissioner shall also'' and inserting
        the following: ``The Commissioner of Social Security shall'';
            (2) by striking ``November 1 of the calendar year in which
        such quarter occurs'' and inserting ``November 1 of each
        calendar year''; and
            (3) by striking ``after the calendar year in which such
        quarter occurs'' and inserting ``after such year''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to the determination of the contribution and benefit
base for years after 2009.

Output:
Social Security COLA Fix for 2010 Act - Authorizes an increase of $150 in Social Security benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year.

Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require an annual adjustment in the OASDI contribution and benefit base regardless of whether a cost-of-living increase in benefits has occurred.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invest in Rural Small Business Act
of 2017''.

SEC. 2. FLEXIBILITY FOR RESIDENCY IN HUBZONES.

    Section 3(p)(5)(A)(i)(I) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(I)) is amended by striking ``35 percent'' each place
that term appears and inserting ``33 percent''.

SEC. 3. ENABLING LOCAL COMMUNITIES TO MAXIMIZE ECONOMIC POTENTIAL.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) in section 3(p)(1) (15 U.S.C. 632(p)(1))--
                    (A) in subparagraph (E), by striking ``or'' at the
                end;
                    (B) by redesignating subparagraph (F) as
                subparagraph (G); and
                    (C) by inserting after subparagraph (E) the
                following:
                    ``(F) another qualified area designated by the
                Administrator under section 31(d); or''; and
            (2) in section 31 (15 U.S.C. 657a)--
                    (A) by redesignating subsection (d) as subsection
                (e); and
                    (B) by inserting after subsection (c) the
                following:
    ``(d) Other Qualified Areas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered area' means an area in a
                State--
                            ``(i) that is located outside of an
                        urbanized area, as determined by the Bureau of
                        the Census; and
                            ``(ii) with a population of not more than
                        50,000;
                    ``(B) the term `governor' means the chief executive
                of a State; and
                    ``(C) the term `State' means each of the several
                States, the District of Columbia, the Commonwealth of
                Puerto Rico, the Virgin Islands, Guam, the Commonwealth
                of the Northern Mariana Islands, and American Samoa.
            ``(2) Designation.--A governor may petition the
        Administrator to designate one or more covered areas as a
        HUBZone if the average unemployment rate of each covered area
        for which the designation is sought is not less than 120
        percent of the average unemployment rate of the United States
        or of the State in which the covered area is located, whichever
        is less, based on the most recent data available from the
        American Community Survey conducted by the Bureau of the
        Census.
            ``(3) Criteria.--In reviewing a petition submitted by a
        governor under paragraph (2), the Administrator may consider--
                    ``(A) the potential for job creation and
                investment;
                    ``(B) the demonstrated interest of small business
                concerns in the covered area to participate in the
                HUBZone program established under this section  31; and
                    ``(C) the consideration by State and local
                government officials of a HUBZone as part of an
                economic development strategy.
            ``(4) Petition.--With respect to a petition submitted by a
        governor to the Administrator under paragraph (2)--
                    ``(A) the governor may submit not more than 1
                petition in a fiscal year unless the Administrator
                determines that an additional petition from the State
                of the governor is appropriate;
                    ``(B) the governor may not submit a petition for
                more than 10 percent of the total number of covered
                areas in the State of the governor; and
                    ``(C) if the Administrator grants the petition and
                designates one or more covered areas as a HUBZone, the
                governor shall, not less frequently than annually,
                submit data to the Administrator certifying that each
                covered area designated by the Administrator continues
                to meet the requirements of clauses (i) and (ii) of
                paragraph (1)(A).
            ``(5) Process.--The Administrator shall establish
        procedures--
                    ``(A) to ensure that the Administration accepts
                petitions under paragraph (2) from all States each
                fiscal year; and
                    ``(B) to provide technical assistance, before the
                filing of a petition under paragraph (2), to a governor
                who is interested in filing such a petition.''.

SEC. 4. ENSURING TIMELY CONSIDERATION OF HUBZONE APPLICATIONS.

    Section 3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is
amended by adding at the end the following:
                    ``(C) Review of applications.--Not later than 60
                days after the date on which the Administrator receives
                an application from a small business concern to be
                certified as a qualified HUBZone small business concern
                under subparagraph (A)(i), the Administrator shall
                approve or deny the application.''.

Output: Invest in Rural Small Business Act of 2017 (Sec. 2) This bill amends the Small Business Act to modify the definition of qualified Historically Underutilized Business Zone (HUBZone) small business concern to reduce from 35% to 33% the number of a small firm's employees required to live within a HUBZone. (Sec. 3) The HUBZone program is expanded to include a qualified area located outside of an urbanized area with a population of 50,000 or less (covered area) designated by the Small Business Administration (SBA) in response to a petition by the governor of a state, the District of Columbia, or a U.S. territory. The SBA may designate, in response to a governor's petition, only a covered area for which the designation is sought that has an average unemployment rate at least 120% of the average U.S. or state unemployment rate, whichever is less. In reviewing such petition, the SBA may consider:  the potential for job creation and investment; the demonstrated interest of small business concerns in the covered area to participate in such HUBZone program; and the consideration by state and local government officials of a HUBZone as part of an economic development strategy.  The governor:   is limited to submitting one petition in a fiscal year unless the SBA determines that an additional petition from the governor's state is appropriate; may not submit a petition for more than 10% of the total number of covered areas in the state; and shall at least annually submit data to the SBA certifying that each covered area designated continues to meet the requirements of this bill.  The SBA shall establish procedures to ensure that it accepts petitions from all states each fiscal year and gives an interested governor technical assistance before a petition is filed.  (Sec. 4) The SBA must approve or deny, within 60 days upon receipt, a small business concern's application for certification as a qualified HUBZone small business concern.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Farm and Small Business Tax
Relief Act of 2009''.

SEC. 2. EXTENSION OF 2009 ESTATE AND GIFT TAX LEVELS.

    (a) EGTRRA Sunset Not To Apply.--Section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 shall not apply to title V of
such Act (other than subtitles A and E, and sections 511(d) and
521(b)(2), thereof).
    (b) $3,500,000 Applicable Exclusion Amount.--
            (1) In general.--Subsection (c) of section 2010 of the
        Internal Revenue Code of 1986 is amended by striking all that
        follows ``the applicable exclusion amount'' and inserting ``.
        For purposes of the preceding sentence, the applicable
        exclusion amount is $3,500,000.''.
            (2) Inflation adjustment.--Section 2010 of such Code is
        amended by redesignating subsection (d) as subsection (e) and
        by inserting after subsection (c) the following new subsection:
    ``(d) Cost-of-Living Adjustment.--In the case of any decedent dying
in a calendar year after 2011, the $3,500,000 amount in subsection (c)
shall be increased by an amount equal to--
            ``(1) such amount, multiplied by
            ``(2) the cost-of-living adjustment determined under
        section 1(f)(3) for such calendar year by substituting
        `calendar year 2010' for `calendar year 1992' in subparagraph
        (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
    (c) 45 Percent Maximum Rate.--The table in paragraph (1) of section
2001(c) of such Code is amended by striking the last 3 items and
inserting the following new item:

``Over $1,500,000............................  $555,800, plus 45 percent of the excess of such amount over
                                                $1,500,000.''.

    (d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.

SEC. 3. RESTORATION OF, AND INCREASE IN, DEDUCTION FOR FAMILY-OWNED
              BUSINESS INTERESTS.

    (a) Restoration.--Subsection (j) of section 2057 (relating to
termination) is amended to read as follows:
    ``(j) Application of Section.--This section--
            ``(1) shall not apply to estates of decedents dying after
        December 31, 2003, and before January 1, 2011, but
            ``(2) shall apply to estates of decedents dying after
        December 31, 2010.''.
    (b) Increase.--
            (1) In general.--Subsection (a) of section 2057 is
        amended--
                    (A) by striking ``$675,000'' in paragraph (2) and
                inserting ``$8,000,000'', and
                    (B) by striking paragraph (3).
            (2) Cost-of-living adjustment.--Subsection (a) of section
        2057 is amended by adding at the end the following new
        paragraph:
            ``(3) Cost-of-living adjustment.--In the case of any
        decedent dying in a calendar year after 2011, the $8,000,000
        amount in paragraph (2) shall be increased by an amount equal
        to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for such calendar year by
                substituting `calendar year 2010' for `calendar year
                1992' in subparagraph (B) thereof.
        If any amount as adjusted under the preceding sentence is not a
        multiple of $10,000, such amount shall be rounded to the
        nearest multiple of $10,000.''.
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 2010.

SEC. 4. EXCLUSION FROM GROSS ESTATE FOR CERTAIN FARMLAND SO LONG AS
              FARMLAND USE CONTINUES.

    (a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:

``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND
              CONTINUES.

    ``(a) In General.--In the case of an estate of a decedent to which
this section applies, if the executor makes the election described in
subsection (f), the value of the gross estate shall not include the
adjusted value of qualified farmland included in the estate.
    ``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
            ``(1) the decedent was (at the date of the decedent's
        death) a citizen or resident of the United States, and
            ``(2) during the 8-year period ending on the date of the
        decedent's death there have been periods aggregating 5 years or
        more during which--
                    ``(A) the qualified farmland was owned by the
                decedent or a member of the decedent's family, and
                    ``(B) there was material participation (within the
                meaning of section 2032A(e)(6)) by the decedent or a
                member of the decedent's family in the operation of
                such farmland, except that `material participation'
                shall also include any rental of real estate and
                related property between the estate of the decedent or
                any successor thereto and any tenant so long as the
                tenant uses the real estate and related property to
                produce agricultural or horticultural commodities,
                including but not limited to livestock, bees, poultry,
                orchards and woodlands, timber and fur-bearing animals
                and wildlife on such farmland.
        Rules similar to the rules of paragraphs (4) and (5) of section
        2032A(b) shall apply for purposes of subparagraph (B).
    ``(c) Definitions and Special Rule.--For purposes of this section--
            ``(1) Qualified farmland.--The term `qualified farmland'
        means any real property or other property related to the farm
        operation--
                    ``(A) which is located in the United States,
                    ``(B) which is used as a farm for farming purposes,
                and
                    ``(C) which was acquired from or passed from the
                decedent to a qualified heir of the decedent and which,
                on the date of the decedent's death, was being so used
                by the decedent or a member of the decedent's family.
            ``(2) Member of family.--A member of a family, with respect
        to any individual, means--
                    ``(A) a member of the family (as defined by section
                2031A(e)(2)), and
                    ``(B) includes--
                            ``(i) a lineal descendant of any spouse
                        described in subparagraph (D) of section
                        2032A(e)(2),
                            ``(ii) a lineal descendant of a sibling of
                        a parent of such individual,
                            ``(iii) a spouse of any lineal descendant
                        described in clause (ii), and
                            ``(iv) a lineal descendant of a spouses
                        described in clause (iii).
            ``(3) Adjusted value.--The term `adjusted value' means the
        value of farmland for purposes of this chapter (determined
        without regard to this section), reduced by the amount
        deductible under paragraph (3) or (4) of section 2053(a).
            ``(4) Other terms.--Any other term used in this section
        which is also used in section 2032A shall have the same meaning
        given such term by section 2032A.
    ``(d) Tax Treatment of Dispositions and Failures To Use for Farming
Purposes.--
            ``(1) Imposition of recapture tax.--If, at any time after
        the decedent's death--
                    ``(A) the qualified heir disposes of any interest
                in qualified farmland (other than by a disposition to a
                member of his family), or
                    ``(B) the qualified heir ceases to use the real
                property which was acquired (or passed) from the
                decedent as a farm for farming purposes,
        then there is hereby imposed a recapture tax on such
        disposition or cessation of use.
            ``(2) Amount of recapture tax.--
                    ``(A) In general.--The amount of the tax imposed by
                paragraph (1) shall be the excess of--
                            ``(i) the tax which would have been imposed
                        by section 2001 on the estate of the decedent
                        but determined as if such estate included the
                        interest in qualified farmland described in
                        paragraph (1) which was so disposed of or
                        ceased to be so used, reduced by the credits
                        allowable against such tax, over
                            ``(ii) the tax imposed by section 2001 on
                        the estate of the decedent, reduced by such
                        credits.
        For purposes of this paragraph, the value of the interest in
        qualified farmland specified in subparagraph (A) shall be the
        adjusted value of such interest as of the date of the
        disposition or cessation of such interest described in
        paragraph (1).
                    ``(B) $8,000,000 exclusion amount.--For purposes of
                subparagraph (A), the adjusted value of such interest
                shall be reduced by an amount equal to--
                            ``(i) $8,000,000, reduced (but not below
                        zero) by
                            ``(ii) an amount equal to the amount by
                        which the adjusted value of all other interests
                        in such qualified farmland has been reduced
                        previously by reason of this subparagraph.
            ``(3) Regulations.--The Secretary may prescribe such
        regulations as may be necessary or appropriate to carry out
        this subsection, including regulations requiring record keeping
        and information reporting, except that the Secretary may not
        impose a lien on the estate of the decedent or qualified
        farmland for such purposes.
    ``(e) Application of Other Rules.--Rules similar to the rules of
subsections (e) (other than paragraph (13) thereof), (f), (g), (h), and
(i) of section 2032A shall apply for purposes of this section.
    ``(f) Election.--The election under this subsection shall be made
on or before the due date (including extensions) for filing the return
of tax imposed by section 2001 and shall be made on such return.''.
    (b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:

``Sec. 2033A. Exclusion of certain farmland so long as use as farmland
                            continues.''.
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.

Output:
Family Farm and Small Business Tax Relief Act of 2009 - Extends the estate and gift tax rates in effect in 2009 by eliminating the general terminating date (i.e., December 31, 2010) in the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to such rates.

Amends the Internal Revenue Code to: (1) establish a permanent $3.5 million estate tax exclusion (adjusted for inflation) and a maximum estate and gift tax rate of 45% after 2010; (2) restore after 2010 the estate tax deduction for family-owned business interests and increase the amount of such deduction to $8 million (adjusted annually for inflation); and (3) exclude from the gross estate of a decedent the value of farmland used as a farm for farming purposes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Competition Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) prescription drug prices are increasing at an alarming
        rate and are a major worry of many senior citizens and American
        families;
            (2) there is a potential for companies with patent rights
        regarding brand name drugs and companies which could
        manufacture generic versions of such drugs to enter into
        financial deals that could tend to restrain trade and greatly
        reduce competition and increase prescription drug expenditures
        for American citizens; and
            (3) enhancing competition among these companies can
        significantly reduce prescription drug expenditures for
        Americans.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to provide timely notice to the Department of Justice
        and the Federal Trade Commission regarding agreements between
        companies with patent rights regarding brand name drugs and
        companies which could manufacture generic versions of such
        drugs; and
            (2) by providing timely notice, to enhance the
        effectiveness and efficiency of the enforcement of the
        antitrust and competition laws of the United States.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) ANDA.--The term ``ANDA'' means an Abbreviated New Drug
        Application, as defined under section 201(aa) of the Federal
        Food, Drug, and Cosmetic Act (21 U.S.C. 321(aa)).
            (2) Assistant attorney general.--The term ``Assistant
        Attorney General'' means the Assistant Attorney General in
        charge of the Antitrust Division of the Department of Justice.
            (3) Brand name drug.--The term ``brand name drug'' means a
        drug approved under section 505(c) of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 355(c)).
            (4) Brand name drug company.--The term ``brand name drug
        company'' means the party that received Food and Drug
        Administration approval to market a brand name drug pursuant to
        an NDA, where that drug is the subject of an ANDA, or a party
        owning or controlling enforcement of any patent listed in the
        Approved Drug Products With Therapeutic Equivalence Evaluations
        of the Food and Drug Administration for that drug, under
        section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 355(b)).
            (5) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (6) Generic drug.--The term ``generic drug'' means a
        product that the Food and Drug Administration has approved
        under section 505(j) of the Federal Food, Drug, and Cosmetic
        Act (21 U.S.C. 355(j)).
            (7) Generic drug applicant.--The term ``generic drug
        applicant'' means a person who has filed or received approval
        for an ANDA under section 505(j) of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 355(j)).
            (8) NDA.--The term ``NDA'' means a New Drug Application, as
        defined under section 505(b) et seq. of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 355(b) et seq.)

SEC. 5. NOTIFICATION OF AGREEMENTS.

    (a) In General.--
            (1) Requirement.--A generic drug applicant that has
        submitted an ANDA containing a certification under section
        505(j)(2)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act
        (21 U.S.C. 355(j)(2)(vii)(IV)) and a brand name drug company
        that enter into an agreement described in paragraph (2), prior
        to the generic drug that is the subject of the application
        entering the market, shall each file the agreement as required
        by subsection (b).
            (2) Definition.--An agreement described in this paragraph
        is an agreement regarding--
                    (A) the manufacture, marketing or sale of the brand
                name drug that is the subject of the generic drug
                applicant's ANDA;
                    (B) the manufacture, marketing or sale of the
                generic drug that is the subject of the generic drug
                applicant's ANDA; or
                    (C) the 180-day period referred to in section
                505(j)(5)(B)(iv) of the Federal Food, Drug, and
                Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) as it applies
                to such ANDA or to any other ANDA based on the same
                brand name drug.
    (b) Filing.--
            (1) Agreement.--The generic drug applicant and the brand
        name drug company entering into an agreement described in
        subsection (a)(2) shall file with the Assistant Attorney
        General and the Commission the text of any such agreement,
        except that the generic drug applicant and the brand-name drug
        company shall not be required to file an agreement that solely
        concerns--
                    (A) purchase orders for raw material supplies;
                    (B) equipment and facility contracts;
                    (C) employment or consulting contracts; or
                    (D) packaging and labeling contracts.
            (2) Other agreements.--The generic drug applicant and the
        brand name drug company entering into an agreement described in
        subsection (a)(2) shall file with the Assistant Attorney
        General and the Commission the text of any other agreements not
        described in subsection (a)(2) between the generic drug
        applicant and the brand name drug company which are contingent
        upon, provide a contingent condition for, or are otherwise
        related to an agreement which must be filed under this Act.
            (3) Description.--In the event that any agreement required
        to be filed by paragraph (1) or (2) has not been reduced to
        text, both the generic drug applicant and the brand name drug
        company shall file written descriptions of the non-textual
        agreement or agreements that must be filed sufficient to reveal
        all of the terms of the agreement or agreements.

SEC. 6. FILING DEADLINES.

    Any filing required under section 5 shall be filed with the
Assistant Attorney General and the Commission not later than 10
business days after the date the agreements are executed.

SEC. 7. DISCLOSURE EXEMPTION.

    Any information or documentary material filed with the Assistant
Attorney General or the Commission pursuant to this Act shall be exempt
from disclosure under section 552 of title 5, and no such information
or documentary material may be made public, except as may be relevant
to any administrative or judicial action or proceeding. Nothing in this
section is intended to prevent disclosure to either body of Congress or
to any duly authorized committee or subcommittee of the Congress.

SEC. 8. ENFORCEMENT.

    (a) Civil Penalty.--Any brand name drug company or generic drug
applicant which fails to comply with any provision of this Act shall be
liable for a civil penalty of not more than $11,000, for each day
during which such entity is in violation of this Act. Such penalty may
be recovered in a civil action brought by the United States, or brought
by the Commission in accordance with the procedures established in
section 16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
    (b) Compliance and Equitable Relief.--If any brand name drug
company or generic drug applicant fails to comply with any provision of
this Act, the United States district court may order compliance, and
may grant such other equitable relief as the court in its discretion
determines necessary or appropriate, upon application of the Assistant
Attorney General or the Commission.

SEC. 9. RULEMAKING.

    The Commission, with the concurrence of the Assistant Attorney
General and by rule in accordance with section 553 of title 5 United
States Code, consistent with the purposes of this Act--
            (1) may define the terms used in this Act;
            (2) may exempt classes of persons or agreements from the
        requirements of this Act; and
            (3) may prescribe such other rules as may be necessary and
        appropriate to carry out the purposes of this Act.

SEC. 10. SAVINGS CLAUSE.

    Any action taken by the Assistant Attorney General or the
Commission, or any failure of the Assistant Attorney General or the
Commission to take action, under this Act shall not bar any proceeding
or any action with respect to any agreement between a brand name drug
company and a generic drug applicant at any time under any other
provision of law, nor shall any filing under this Act constitute or
create a presumption of any violation of any antitrust or competition
laws.

SEC. 11. EFFECTIVE DATE.

    This Act shall--
            (1) take effect 30 days after the date of enactment of this
        Act; and
            (2) shall apply to agreements described in section 5 that
        are entered into 30 days after the date of enactment of this
        Act.

            Passed the Senate November 18, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.

Output: Drug Competition Act of 2002 - (Sec. 5) Requires a generic drug applicant that has submitted an Abbreviated New Drug Application (ANDA) and a brand name drug company that enter into an agreement, prior to the generic drug entering the market, regarding the manufacture, marketing, or sale of the brand name or the generic drug, or regarding the 180-day semi-exclusivity period referred to in the Federal Food, Drug, and Cosmetic Act as it applies to such ANDA or any other ANDA based on the same brand name drug, to each file such agreement and any related agreements with the Assistant Attorney General and the Federal Trade Commission (FTC). Makes an exception for agreements that solely concern purchase orders for raw material supplies, equipment and facility contracts, or employment or consulting contracts. Requires such agreements to be filed not later than ten business days after the date they are executed.(Sec. 7) Exempts any such information or documentary material filed from disclosure under the Freedom of Information Act. Prohibits such information or material from being made public, except as relevant to any administrative or judicial action or proceeding.(Sec. 8) Subjects an applicant or company to a civil penalty of up to $11,000 for each day such entity fails to comply with this Act, recoverable in a civil action brought by the United States or the FTC. Authorizes a U.S. district court to order compliance and grant equitable relief.


Input:
SECTION 1. COORDINATED SERVICES FOR STUDENTS AND FAMILIES.

    Chapter 1 of title I of the Elementary and Secondary Education Act
of 1965 is amended by inserting after part F the following new part:

    ``PART G--COORDINATED SERVICES FOR SCHOOL STUDENTS AND FAMILIES

``SEC. 1493. CONGRESSIONAL FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) there are influences outside of school which affect
        the ability of a child to achieve academically;
            ``(2) factors such as hunger, homelessness, unemployment,
        and drug and alcohol abuse affect family relationships and the
        ability of a child to learn;
            ``(3) access to health and social service programs can
        assist children and their families and improve the ability of
        the family to take an active role in their child's education;
            ``(4) schools are in a unique position to identify the
        needs of their students and their families and to coordinate
        programs to meet such needs; and
            ``(5) coordination of health and social service programs
        with education can help the Nation meet the National Education
        Goals and ensure better outcomes for children.
    ``(b) Purposes.--The purpose of this part is to provide elementary
and secondary school students and their families better access to the
social, health, and education services necessary for the students to
succeed in school and the family to take an active role in ensuring
that the child receives the best possible education.

``SEC. 1494. ELIGIBLE ENTITIES.

    ``The Secretary of Education is authorized to make grants under
this part to a local educational agency to conduct model programs--
            ``(1) in schools that serve not less than 30 percent of
        families who meet poverty criteria based on the best available
        data to the State and local educational agency; and
            ``(2) schools that meet the criteria established under
        paragraph (1) which are in partnership with community-based
        organizations if the local educational agency is responsible
        for fiscal administration.

``SEC. 1495. PROGRAM AUTHORIZED.

    ``(a) In General.--In carrying out the program under this part,
funds made available to local educational agencies for the use of
eligible schools and in certain cases by eligible schools in
partnership with community-based organizations, shall be used to pay
the Federal share of the cost of providing coordinated social, health
and education services to students and their families which may include
hiring a coordinator of services if necessary, minor renovation of
existing buildings, and equipment purchases.
    ``(b) Program Elements.--Programs should be tailored to meet the
needs of the community served, but may include the coordinated
provision of--
            ``(1) nutrition assistance;
            ``(2) health care assistance;
            ``(3) housing assistance;
            ``(4) drug and alcohol prevention or rehabilitation
        services;
            ``(5) education and training programs;
            ``(6) energy assistance; and
            ``(7) other social services.
    ``(c) Location.--Coordination and delivery of services may take
place in school facilities during or after school hours or may be
located in an outreach facility that is centrally located for access by
students and their families.
    ``(d) Federal Share.--(1) The Federal share under this part may
be--
            ``(A) not more than 90 percent for the first year;
            ``(B) not more than 70 percent in the second year;
            ``(C) not more than 50 percent in the third and fourth
        years; and
            ``(D) not more than 25 percent in any subsequent year.
    ``(2) The remaining cost of a project that receives assistance
under this part may be paid from any source other than from funds made
available for programs under this part.
    ``(3) The Secretary may waive, in whole or in part, the requirement
that all or part of the remaining cost described in paragraph (1) be
obtained from sources other than funds made available under this part
if a local educational agency--
            ``(A) demonstrates that it otherwise would not be able to
        participate in the program under this part; and
            ``(B) negotiates with the Secretary with respect to the
        amount of the remaining cost to which the waiver would be
        applicable.

``SEC. 1496. APPLICATIONS.

    ``(a) Notification.--The Secretary shall notify schools that meet
the criteria established under section 1494 regarding the availability
of grants under this part.
    ``(b) Submission.--To be eligible to receive a grant under this
part, a local educational agency shall submit an application to the
Secretary in such form and containing such information as the Secretary
may reasonably require.
    ``(c) Requirements.--An application submitted under subsection (b)
shall include--
            ``(1) assurances that projects developed with funds
        received under this part shall not be used to duplicate
        existing services or programs that are accessible to families
        who meet the criteria established under section 1494;
            ``(2) documentation that an assessment has been made to
        determine the needs of families in the schools community;
            ``(3) documentation that broad-based community support is
        available for such a program;
            ``(4) a description of new services to be provided;
            ``(5) a description of how existing services or projects
        will be coordinated with new projects;
            ``(6) a description of how on and off campus services or
        projects will be integrated, promoted, and made accessible; and
            ``(7) a description of how services will continue once
        Federal funds are not available under this part.

``SEC. 1497. GRANT SELECTION.

    ``(a) Grant Selection.--The Secretary shall consider the following
factors in awarding grants to local educational agencies:
            ``(1) The need for the coordination of services in such
        community.
            ``(2) The geographic distribution of grants, including
        urban and rural areas.
            ``(3) The ability of grantees to serve as models for other
        programs.
    ``(b) Renewal of Grants.--A grant under this part is for a 4-year
period, and can be renewed for only one additional 2-year period.

``SEC. 1498. REPORTS.

    ``(a) Report to Secretary.--Each local educational agency that
receives assistance under this part shall submit an annual report to
the Secretary that describes the activities and projects established
with funds under this part.
    ``(b) Reports to Congress.--The Secretary shall submit to Congress
a report each year which describes and evaluates the projects
established with funds under this part.

``SEC. 1499. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the fiscal
years 1995 through 1999 to carry out the projects under this part.''.

Output:
Amends the Elementary and Secondary Education Act of 1965 to establish a model grant program to provide coordinated social, health, and education services to elementary and secondary school students and their families (under the chapter 1 title I programs for educationally disadvantaged children).
Authorizes the Secretary of Education to make such grants to selected local educational agencies (LEAs) to conduct model programs in schools where at least 30 percent of families meet poverty criteria and in such schools in partnership with community-based organizations if the LEA is responsible for fiscal administration.
Sets forth program elements, Federal share, application, selection, and reporting requirements.
Authorizes appropriations.


Input:
SECTION 1. COMMUNITY ECONOMIC ADJUSTMENT PLAN FOR CLOSED OR REALIGNED
              MILITARY INSTALLATIONS.

    (a) In General.--The Secretary of Defense may not close or realign
a military installation under a base closure law until a community
economic adjustment plan with respect to the installation is prepared
in accordance with this section.
    (b) Plan Preparation.--(1) The Secretary shall--
            (A) ensure that the community economic adjustment plan, if
        any, prepared by a State or local government, or a regional
        economic organization or other organization, with respect to a
        military installation to be closed or realigned under a base
        closure law meets the requirements for such a plan under this
        section; or
            (B) in the event that no government or organization
        prepares such a plan, prepare a plan meeting such requirements.
    (2)(A) The Secretary may provide such assistance (including making
grants and entering into cooperative agreements) as the Secretary
determines appropriate to State or local governments, or regional
economic organizations or other organizations, in the preparation of a
community economic adjustment plans under paragraph (1)(A).
    (B) Any grants made by the Secretary under this paragraph shall
meet the requirements of section 2391(b) of title 10, United States
Code.
    (3) The Secretary shall carry out the requirements of this
subsection through the Office of Economic Adjustment of the Department
of Defense.
    (c) Plan Requirements.--Each community economic adjustment plan
prepared under this section with respect to a military installation to
be closed or realigned shall contain the following:
            (1) If the utilization of any portion of the installation
        for non-defense purposes is determined to be economically
        practicable, a proposal for the utilization of such portion for
        such purposes, including--
                    (A) a specific description of such utilization;
                    (B) a proposal for notifying the public the
                availability of such portion for such purposes;
                    (C) an assessment of the environmental hazards, if
                any, that exist at the installation, and a plan for the
                remediation of such hazards;
                    (D) an assessment of (i) the number of civilian
                employees who will gain or lose employment as a result
                of the closure or realignment of the installation, and
                (ii) the number of such employees, if any, who will
                find alternative employment in the vicinity of the
                installation after such closure or realignment as a
                result of such utilization; and
                    (E) an assessment of the affect on the tax base and
                expenditures of the State and local governments
                affected by the closure or realignment of (i) the
                closure or realignment, and (ii) such utilization.
            (2) If the utilization of any portion of the installation
        for non-defense purposes is determined not to be economically
        practicable, a detailed explanation of the analysis supporting
        that determination.
            (3) A proposal for the minimization of the economic impact
        of the closure or realignment on the region in which the
        installation is located, including means of--
                    (A) ensuring the economic stability of the region;
                    (B) providing for job creation in the region;
                    (C) providing for growth in rates of personal
                income throughout the region; and
                    (D) stabilizing the tax base and projected
                expenditures of State and local governments in the
                region.
    (d) Notification.--Not later than 30 days after the Secretary
determines that a community economic adjustment plan with respect to a
military installation meets the requirements of subsection (c), the
Secretary shall--
            (1) submit to the appropriate committees of the Senate and
        House of Representatives a written notification of the
        completion of the plan; and
            (2) in the event that the Secretary prepares the plan under
        subsection (a)(1)(B), submit the plan to the governments of the
        State and localities in which the military installation is
        located and to such regional economic organizations or other
        organizations as the Secretary determines appropriate.
    (e) Regulations.--The Secretary shall prescribe regulations for the
purposes of carrying out this section.
    (f) Definition.--In this section, the term ``base closure law''
means the following:
            (1) Section 2687 of title 10, United States Code.
            (2) Title II of the Defense Authorization Amendments and
        Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
        2687 note).
            (3) The Defense Base Closure and Realignment Act of 1990
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
        note).
            (4) Any other similar law enacted after the date of the
        enactment of this Act.
    (g) Effective Date.--The provisions of this Act shall take effect
on the date of the enactment of this Act and apply to military
installations closed or realigned after such date.

Output: Prohibits the Secretary of Defense from closing or realigning a military installation under a base closure law until a community economic adjustment plan is prepared.  Outlines provisions concerning plan preparation and requirements. Authorizes the Secretary to provide assistance to a State or local government or organization for preparation of such plan through grants or cooperative arrangements.  Requires each plan to include:  (1) a proposal for utilizing a portion of such installation for non-defense purposes, if economically feasible; or (2) a detailed explanation if no portion is determined appropriate for non-defense purposes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Equity for the Economic
Development of Low Income Areas Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``Administration'' and ``Administrator'' mean
        the Small Business Administration and the Administrator
        thereof, respectively;
            (2) the term ``low-income geographic area'' has the same
        meaning as in section 351 of the Small Business Investment Act
        of 1958 (15 U.S.C. 689), as amended by this Act;
            (3) the term ``New Markets Venture Capital company'' has
        the same meaning as in section 351 of the Small Business
        Investment Act of 1958 (15 U.S.C. 689); and
            (4) the term ``New Markets Venture Capital Program'' means
        the program under part B of title III of the Small Business
        Investment Act of 1958 (15 U.S.C. 689 et seq.).

SEC. 3. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM.

    (a) Selection of Companies in Each Geographic Region.--Section 354
of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is
amended by adding at the end the following:
    ``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the program
established under this part, the Administrator shall select, to the
extent practicable, from among companies submitting applications under
subsection (b), not fewer than 1 company from each geographic region of
the Administration.''.
    (b) Participation in New Markets Venture Capital Program.--
            (1) Administration participation required.--Section 353 of
        the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
        amended in the matter preceding paragraph (1), by striking
        ``under which the Administrator may'' and inserting ``under
        which the Administrator shall''.
            (2) Small manufacturer participation agreements required.--
        Section 353 of the Small Business Investment Act of 1958 (15
        U.S.C. 689b) is amended--
                    (A) by striking ``In accordance with this part,''
                and inserting the following:
    ``(a) In General.--In accordance with this part,'';
                    (B) in subsection (a)(1), as so designated by this
                paragraph, by inserting after ``section 352'' the
                following: ``(with not fewer than 1 such agreement to
                be with a company engaged primarily in development of
                and investment in small manufacturers, to the extent
                practicable)''; and
                    (C) by adding at the end the following:
    ``(b) Rule of Construction.--Subsection (a)(1) shall not be
construed to authorize the Administrator to decline to enter into a
participation agreement with a company solely on the basis that the
company is not engaged primarily in development of and investment in
small manufacturers.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to Congress a report evaluating the success
of the New Markets Venture Capital Program in promoting economic
development and creating wealth and job opportunities in low-income
geographic areas, among individuals living in such areas, by
encouraging developmental venture capital investments in smaller
enterprises.

SEC. 5. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL.

    Title II of the Small Business Investment Act of 1958 (15 U.S.C.
671) is amended by adding at the end the following:

``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.

    ``(a) Establishment.--There is established in the Investment
Division of the Administration, the `Office of New Markets Venture
Capital'.
    ``(b) Director.--The Office of New Markets Venture Capital shall be
headed by a Director, who shall be appointed by the Administrator.
    ``(c) Responsibilities of Director.--Subject to the direction and
control of the Administrator, the responsibilities of the Director of
the Office of New Markets Venture Capital are--
            ``(1) to administer the New Markets Venture Capital Program
        under part B of title III;
            ``(2) to periodically assess the nature and scope of the
        New Markets Venture Capital Program and to advise the
        Administrator on recommended changes to the program, based on
        such assessment;
            ``(3) to work to expand the number of small business
        concerns participating in the New Markets Venture Capital
        Program;
            ``(4) to encourage investment in small manufacturing; and
            ``(5) to perform such other duties relating to such
        responsibilities as the Administrator may provide.''.

SEC. 6. LOW-INCOME GEOGRAPHIC AREAS.

    (a) Modification of Definition of Low-Income Geographic Area for
Purposes of New Markets Venture Capital Program.--
            (1) In general.--Section 351 of the Small Business
        Investment Act of 1958 (15 U.S.C. 689) is amended--
                    (A) by striking paragraphs (2) and (3) and
                inserting the following:
            ``(2) Low-income geographic area.--The term `low-income
        geographic area' has the meaning given the term `low-income
        community' in section 45D of the Internal Revenue Code of 1986
        (relating to the new markets tax credit).''; and
                    (B) by redesignating paragraphs (4) through (8) as
                paragraphs (3) through (7), respectively.
            (2) Retroactive application of amended definition to
        capital requirement.--The definition of a low-income geographic
        area in section 351(2) of the Small Business Investment Act of
        1958, as amended by paragraph (1), shall apply to private
        capital raised under section 354(d)(1) of the Small Business
        Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or
        after the date of enactment of this Act.
    (b) Study on Availability of Equity Capital.--
            (1) Study required.--Not later than the end of the 180-day
        period beginning on the date of enactment of this Act, the
        Chief Counsel for Advocacy of the Administration shall conduct
        a study on the availability of equity capital in low-income
        geographic areas.
            (2) Report.--Not later than 90 days after the completion of
        the study under paragraph (1) the Administrator shall submit to
        Congress a report containing the findings of the study required
        under paragraph (1) and any recommendations of the
        Administrator based on such study.

SEC. 7. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.

    Section 354(d) of the Small Business Investment Act of 1958 (15
U.S.C. 689c(d)) is amended by striking ``a period of time, not to
exceed 2 years,'' and inserting ``2 years''.

SEC. 8. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.

    Not later than 60 days after the date of enactment of this Act, the
Administrator shall prescribe standard documents for an application for
final approval by a New Markets Venture Capital company under section
354(e) of the Small Business Investment Act of 1958 (15 U.S.C.
689c(e)). The Administrator shall ensure that such documents are
designed to substantially reduce the cost burden of the application
process on a company making such an application.

SEC. 9. OPERATIONAL ASSISTANCE GRANTS.

    Section 358(a)(4)(A) of the Small Business Investment Act of 1958
(15 U.S.C. 689g(a)(4)(A)) is amended to read as follows:
                    ``(A) New markets venture capital companies.--
                Notwithstanding section 354(d)(2), the amount of a
                grant made under this subsection to a New Markets
                Venture Capital company shall be equal to the lesser
                of--
                            ``(i) 10 percent of the private capital
                        raised by the company; or
                            ``(ii) $1,000,000.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Reauthorization of New Markets Venture Capital Program.--
Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C.
689q(a)) is amended in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal years 2006
through 2009''.
    (b) Office of New Markets Venture Capital.--There is authorized to
be appropriated to carry out section 202 of the Small Business
Investment Act of 1958, as added by this Act, $1,000,000.

Output:
Securing Equity for the Economic Development of Low Income Areas Act of 2006 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to select at least one company from each SBA geographic region when selecting companies to participate as New Markets Venture Capital companies.

Establishes in the Investment Division of the SBA the Office of New Markets Venture Capital.

Modifies the definition of low-income geographic area to reflect the new markets tax credit under the Internal Revenue Code.

Revises the formula for the amount of operational assistance grants for new markets venture capital companies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on American Jobs Act''.

SEC. 2. ESTABLISHMENT.

    The Secretary of Commerce shall establish a commission to be known
as the ``Commission on American Jobs''.

SEC. 3. DUTIES OF THE COMMISSION.

    On an annual basis, the Commission shall--
            (1) collect data on outsourcing by companies of interest
        from reports transmitted to the Commission pursuant to section
        6(d) and any other information that the Commission may consider
        under this Act;
            (2) identify the number of jobs outsourced by companies of
        interest, the dates that the jobs were outsourced, and the
        locations to which the jobs were outsourced;
            (3) conduct studies on why the jobs identified under
        paragraph (2) were outsourced; and
            (4) propose possible measures to prevent outsourcing by
        companies of interest.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of
six members appointed by the President.
    (b) Political Affiliation.--Not more than three members of the
Commission appointed under subsection (a) may be affiliated with the
same political party.
    (c) Labor Affiliation.--At least two members of the Commission
appointed under subsection (a) shall be representatives of labor
organizations certified by the National Labor Relations Board.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for a term
        of six years, except as provided in paragraphs (2) and (3). A
        member may be appointed for more than one term.
            (2) Terms of initial appointees.--As designated by the
        President at the time of appointment, of the members first
        appointed--
                    (A) two, not affiliated with the same political
                party, shall be appointed for a term of six years;
                    (B) two, not affiliated with the same political
                party, shall be appointed for a term of four years; and
                    (C) two, not affiliated with the same political
                party, shall be appointed for a term of two years.
            (3) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
    (e) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2),
        members shall each be paid at the maximum rate of basic pay for
        GS-15 of the General Schedule.
            (2) Prohibition of compensation of federal employees.--
        Except as provided in subsection (f), members of the Commission
        who are full-time officers or employees of the United States or
        Members of Congress may not receive additional pay, allowances,
        or benefits by reason of their service on the Commission.
    (f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
    (g) Quorum.--Three members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
    (h) Chairperson.--The Chairperson of the Commission shall be
designated by the President. The term of office of the Chairperson
shall be one year. The position of Chairperson shall rotate among the
members of the Commission, and a member may serve as Chairperson only
once during each six-year term.
    (i) Meetings.--The Commission shall meet at the call of either the
Chairperson or a majority of the Commission's members. The Commission
shall meet at least once annually.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
    (b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly
from any agency of the United States information necessary to enable it
to carry out this Act. Upon request of the Chairperson or any three
members of the Commission, the head of that agency shall furnish that
information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other agencies of the
United States.
    (e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
    (f) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas
        requiring the attendance and testimony of witnesses and the
        production of any evidence relating to any matter under
        investigation by the Commission. The attendance of witnesses
        and the production of evidence may be required from any place
        within the United States at any designated place of hearing
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to
        obey a subpoena issued by the Commission under paragraph (1),
        the Commission may apply to a United States district court for
        an order requiring that person to appear before the Commission
        to give testimony, produce evidence, or both, relating to the
        matter under investigation. The application may be made within
        the judicial district in which that person is found, resides,
        or transacts business. Any failure to obey the order of the
        court may be punished by the court as civil contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission
        shall be served in the manner provided for subpoenas issued by
        a United States district court under the Federal Rules of Civil
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which
        application is made under paragraph (2) may be served in the
        judicial district in which the person required to be served
        resides or may be found.
    (g) Immunity.--The Commission is an agency of the United States for
purpose of part V of title 18, United States Code (relating to immunity
of witnesses).

SEC. 6. REPORTS.

    (a) Commission Reports.--The Commission shall transmit to--
            (1) the Committee on Appropriations, the Committee on
        Education and the Workforce, the Committee on Energy and
        Commerce, and the Committee on Ways and Means of the House of
        Representatives;
            (2) the Committee on Appropriations, the Committee on
        Commerce, Science, and Transportation, the Committee on
        Finance, and the Committee on Health, Education, Labor, and
        Pensions of the Senate; and
            (3) the Joint Economic Committee of the Congress,
annual reports including the content described in subsection (c).
    (b) Timing.--The Commission shall transmit its first annual report
under subsection (a)--
            (1) not later than six months after the date of enactment
        of this Act, if such date of enactment is on or before
        September 30, 2004; and
            (2) not later than May 1, 2005, if such date of enactment
        is after September 30, 2004.
The Commission shall transmit subsequent annual reports not later than
May 1 of each year.
    (c) Content.--The annual reports required under subsection (a)
shall include--
            (1) detailed summaries of the data collected under section
        3(1);
            (2) detailed summaries of the information identified under
        section 3(2);
            (3) the results of the studies conducted pursuant to
        section 3(3); and
            (4) the possible measures to prevent outsourcing proposed
        under section 3(4).
    (d) Company of Interest Reports.--A company of interest shall
transmit to the Commission annual reports stating the number of jobs,
if any, that the company of interest has outsourced during the previous
year, the dates that the jobs were outsourced, and the locations to
which the jobs were outsourced. A company of interest shall transmit
its first annual report under this subsection--
            (1) not later than three months after the date of enactment
        of this Act, if such date of enactment is on or before
        September 30, 2004; and
            (2) not later than March 1, 2005, if such date of enactment
        is after September 30, 2004.
A company of interest shall transmit subsequent annual reports not
later than March 1 of each year.

SEC. 7. TERMINATION.

    Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.;
relating to the termination of advisory committees) shall not apply to
the Commission.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of
Commerce $25,000,000 for fiscal year 2005, to remain available until
expended, to carry out this Act.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the
        Commission on American Jobs established under this Act.
            (2) Companies of interest.--The term ``companies of
        interest'' means--
                    (A) corporations and other legal entities organized
                under the laws of the United States;
                    (B) subsidiaries of corporations and legal entities
                described in subparagraph (A);
                    (C) corporations and other legal entities that
                employed at least 50 employees to perform services in
                the United States at any one time on or after January
                1, 1980; and
                    (D) corporations and other legal entities with
                $1,000,000 or more annual gross income that is
                effectively connected with the conduct of a trade or
                business within the United States.
            (3) Outsourcing.--The term ``outsourcing'' means hiring
        employees to perform services outside the United States when
        the services previously had been performed in the United
        States.
            (4) United states.--The term ``United States'' means the
        several States, the District of Columbia, the Commonwealth of
        Puerto Rico, the Commonwealth of the Northern Mariana Islands,
        American Samoa, Guam, the Virgin Islands, and any other
        territory or possession of the United States.

Output:
Commission on American Jobs Act - Directs the Secretary of Commerce to establish a Commission on American Jobs. Requires the Commission to: (1) collect data on the outsourcing of jobs by specified types of companies of interest; (2) study such outsourcing's causes; (3) propose prevention measures; and (4) report to specified congressional committees.

Requires such companies to report outsourcing data annually to the Commission.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honoring Emergency Response Officers
Benefits Reform Act of 2016'' or the ``HERO Benefits Reform Act of
2016''.

SEC. 2. PRESUMPTION THAT OFFICER ACTED PROPERLY.

    Section 1202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796a) is amended--
            (1) by striking ``No benefit'' and inserting the following:
    ``(a) In General.--No benefit''; and
            (2) by adding at the end the following:
    ``(b) Presumption.--In determining whether a benefit is payable
under this part, the Bureau shall--
            ``(1) presume that none of the limitations under subsection
        (a) apply; and
            ``(2) have the burden of establishing by clear and
        convincing evidence that a limitation under subsection (a)
        applies.''.

SEC. 3. BACKLOG OF CLAIMS.

    Subpart 1 of part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended by adding at the
end the following:

``SEC. 1206. APPEALS.

    ``(a) Standard of Review.--Notwithstanding section 706 of title 5,
United States Code, or any other provision of law, in any appeal of a
determination of the Bureau to deny a claim under this part, including
an appeal to a hearing officer of the Bureau, to the Director, or to a
court of the United States, the reviewing official or court shall
review the determination de novo.
    ``(b) Exception to Administrative Exhaustion Requirement.--
            ``(1) In general.--Notwithstanding section 704 of title 5,
        United States Code, or any other provision of law, an
        individual who files a claim for benefits under this part with
        the Bureau may file a subsequent claim with the United States
        Court of Federal Claims seeking an award of benefits under this
        part despite an absence of final agency action with respect to
        the original claim filed with the Bureau if--
                    ``(A) the Bureau does not make a determination with
                respect to the original claim within 1 year of the date
                on which the claim was filed with the Bureau;
                    ``(B)(i) the Bureau denies the original claim
                within 1 year of the date on which the claim was filed
                with the Bureau;
                    ``(ii) the individual appeals the denial under
                clause (i) to a hearing officer; and
                    ``(iii) the hearing officer does not make a
                determination with respect to the original claim within
                180 days of the date on which the appeal was filed
                under clause (ii); or
                    ``(C)(i) the Bureau denies the original claim
                within 1 year of the date on which the claim was filed
                with the Bureau;
                    ``(ii) the individual appeals the denial under
                clause (i) to a hearing officer;
                    ``(iii) the hearing officer denies the original
                claim within 180 days of the date on which the appeal
                was filed under clause (ii);
                    ``(iv) the individual appeals the denial under
                clause (iii) to the Director; and
                    ``(v) the Director does not make a determination
                with respect to the original claim within 180 days of
                the date on which the appeal was filed under clause
                (iv).
            ``(2) Standard of review.--The United States Court of
        Federal Claims shall review a claim filed under paragraph (1)
        without regard to any determination made by the Bureau,
        including a hearing officer of the Bureau, with respect to the
        original claim filed with the Bureau.
            ``(3) Determination of whether original claim is
        complete.--For purposes of determining whether an individual is
        eligible to file a claim under paragraph (1), the United States
        Court of Federal Claims shall determine the date on which the
        original claim was filed with the Bureau without regard to
        whether the Bureau has deemed the application that forms the
        basis of the original claim to be incomplete and thus not
        constitute an official claim.''.

SEC. 4. TRANSPARENCY.

    Subpart 1 of part L of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796a), as amended by section 3, is
amended by adding at the end the following:

``SEC. 1207. ANNUAL REPORT.

    ``Not later than 60 days after the last day of each fiscal year,
the Bureau shall submit to Congress and publish publically on the
website of the Bureau a report that includes--
            ``(1) the number of claims filed under this part during the
        fiscal year, broken down by--
                    ``(A) the type of benefit sought, meaning death,
                disability, educational benefit, and any combination
                thereof; and
                    ``(B) the type of public safety officer to which
                each claim pertains;
            ``(2) the number of claims filed that were granted during
        the fiscal year;
            ``(3) the number of claims filed that were denied during
        the fiscal year, broken down by the reason for denial; and
            ``(4) the number of claims filed as of the last day of the
        fiscal year, broken down by--
                    ``(A) the date on which each claim was filed; and
                    ``(B) the reason why the Bureau has been unable to
                render a decision.
        The Attorney General shall make such report publically
        available over the Internet.''.

SEC. 5. EXTENDING PUBLIC SAFETY OFFICER DEATH BENEFITS TO FIRE POLICE
              AND FIRE INVESTIGATORS.

    (a) In General.--Section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
            (1) by redesignating paragraphs (5) through (9) as
        paragraphs (7) through (11), respectively;
            (2) in paragraph (11)(A), as so redesignated, by inserting
        ``as a fire police officer, fire investigator'' after
        ``firefighter,''; and
            (3) by inserting after paragraph (4) the following:
            ``(5) `fire police officer' includes an individual who--
                    ``(A) is serving in accordance with State or local
                law as an officially recognized or designated member of
                a legally organized public safety agency;
                    ``(B) is not a law enforcement officer, a
                firefighter, a chaplain, or a member of a rescue squad
                or ambulance crew described in paragraph (10)(A); and
                    ``(C) is officially authorized to provide scene
                security or direct traffic--
                            ``(i) in response to any fire drill, fire
                        call, or other fire, rescue, or police
                        emergency; or
                            ``(ii) at a planned special event;
            ``(6) `fire investigator' includes any individual who--
                    ``(A) is serving in accordance with State or local
                law as an officially recognized or designated member of
                a legally organized public safety agency; and
                    ``(B) is officially authorized to conduct,
                coordinate and complete fire and explosion
                investigations;''.
    (b) Technical and Conforming Amendment.--Section 611(a) of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C.
3796c-1(a)) is amended--
            (1) by striking ``section 1204(7)(B)'' and inserting
        ``section 1204(8)(B)''; and
            (2) by striking ``(42 U.S.C. 3796b(7)(B))'' and inserting
        ``(42 U.S.C. 3796b(8)(B))''.

Output: Honoring Emergency Response Officers Benefits Reform Act of 2016 or the HERO Benefits Reform Act of 2016 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish, with respect to a public safety officer's death benefits, a rebuttable presumption that: (1) the officer acted properly at the time of injury or death, and (2) specified limitations on the officer's benefits do not apply. The bill also extends such benefits to fire police officers and fire investigators. In addition, with respect to an appeal of a determination to deny such benefits, the bill: (1) specifies that the standard of review shall be de novo (without deference to the determination), and (2) establishes certain exceptions to administrative exhaustion limitations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security and Medicare Lock-
box Act of 1999''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to put social security and Medicare
solvency first, by prohibiting the use of social security surpluses,
Medicare surpluses, and any other government surpluses for any purpose
other than paying down publicly held debt, until legislation is enacted
significantly extending the solvency of the social security and
Medicare trust funds.

SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY
              LEGISLATION IS   ENACTED.

    (a) In General.--Section 312 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
    ``(g) Surpluses Reserved Until Social Security and Medicare
Solvency Legislation Is Enacted.--
            ``(1) In general.--Until there is both a social security
        solvency certification and a Medicare solvency certification,
        it shall not be in order in the House of Representatives or the
        Senate to consider--
                    ``(A) any concurrent resolution on the budget, or
                conference report thereon or amendment thereto, that
                would use any portion of the baseline budget surpluses,
                or
                    ``(B) any bill, joint resolution, amendment,
                motion, or conference report if--
                            ``(i) the enactment of that bill or
                        resolution as reported,
                            ``(ii) the adoption and enactment of that
                        amendment, or
                            ``(iii) the enactment of that bill or
                        resolution in the form recommended in that
                        conference report,
                would use any portion of the baseline budget surpluses.
            ``(2) Baseline budget surpluses.--
                    ``(A) In general.--For purposes of this subsection,
                the term `baseline budget surplus' means the sum of the
                on- and off-budget surpluses contained in the most
                recent baseline budget projections made by the
                Congressional Budget Office at the beginning of the
                annual budget cycle and no later than the month of
                March.
                    ``(B) Baseline budget projection.--For purposes of
                subparagraph (A), the term `baseline budget projection'
                means the projection described in section 257 of the
                Balanced Budget and Emergency Deficit Control Act of
                1985 of current year levels of outlays, receipts, and
                the surplus or deficit into the budget year and future
                years; except that outlays for programs subject to
                discretionary appropriations shall be projected at the
                lesser of any applicable statutory discretionary limits
                or the baseline level otherwise defined in such section
                257. For purposes of this subsection, the baseline
                budget projection shall include both on-budget and off-
                budget outlays and receipts.
            ``(3) Use of portion of the baseline budget surpluses.--For
        purposes of this subsection, a portion of the baseline budget
        surpluses is used if, relative to the baseline budget
        projection--
                    ``(A) in the case of legislation affecting
                revenues, any net reduction in revenues in the current
                year or the budget year, or over the 5 or 10-year
                estimating periods beginning with the budget year, is
                not offset by reductions in direct spending,
                    ``(B) in the case of legislation affecting direct
                spending, any net increase in direct spending in the
                current year or the budget year, or over such 5 or 10-
                year periods, is not offset by increases in revenues,
                and
                    ``(C) in the case of an appropriations bill, there
                is a net increase in discretionary outlays in the
                current year or the budget year when the discretionary
                outlays from such bill are added to the discretionary
                outlays from all previously enacted appropriations
                bills.
            ``(4) Social security solvency certification.--For purposes
        of this subsection, the term `social security solvency
        certification' means a certification by the Board of Trustees
        of the Social Security Trust Funds that the Federal Old-Age and
        Survivors Insurance Trust Fund and the Federal Disability
        Insurance Trust Fund are, taken together, in actuarial balance
        for the 75-year period utilized in the most recent annual
        report of such Board of Trustees pursuant to section 201(c)(2)
        of the Social Security Act (42 U.S.C. 401(c)(2)).
            ``(5) Medicare solvency certification.--For purposes of
        this subsection, the term `Medicare solvency certification'
        means a certification by the Board of Trustees of the Federal
        Hospital Insurance Trust Fund that such Trust Fund is in
        actuarial balance for the 30-year period utilized in the most
        recent annual report of such Board of Trustees pursuant to
        section 1817(b) of the Social Security Act.''
    (b) Super Majority Requirement.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``312(g),''
after ``310(d)(2),''.
    (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``312(g),'' after ``310(d)(2),''.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect upon the date of its enactment and the
amendments made by it shall apply only to fiscal year 2000 and
subsequent fiscal years.

Output:
Social Security and Medicare Lock-box Act of 1999 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate, until there is both a social security solvency certification and a Medicare solvency certification, to consider any concurrent budget resolution (or related conference report or amendment) that would use any portion of the baseline budget surpluses or any bill, joint resolution, amendment, motion, or conference report if the enactment of such legislation or amendment (or enactment of legislation in the form recommended in the conference report) would use any portion of such surpluses.
Defines: (1) "baseline budget surplus" as the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March; (2) "social security solvency certification" as a certification by the Board of Trustees of the social security trust funds that the Federal Old-Age and Survivors and Disability Insurance Trust Funds are, taken together, in actuarial balance for the 75-year period utilized in a specified Board of Trustees annual report; and (3) "Medicare solvency certification" as a certification by the Board of Trustees of the Federal Hospital Insurance Fund that such fund is in actuarial balance for the 30-year period utilized in a specified Board of Trustees annual report.
Declares that a portion of such surpluses is used if, relative to the baseline budget projection in the case of: (1) legislation affecting revenues, any net reduction in revenues in the current or budget year, or over the five or ten-year estimating periods beginning with the budget year, is not offset by reductions in direct spending; (2) legislation affecting direct spending, any net increase in such spending in the current or budget year, or over such five or ten-year periods, is not offset by increases in revenues; and (3) an appropriations bill, there is a net increase in discretionary outlays in the current or budget year when the discretionary outlays from such bill are added to the outlays from all previously enacted appropriations bills.
Waives or suspends the point of order provided in this Act in the Senate only by an affirmative vote of three-fifths of the Members. Requires the same majority to sustain an appeal of a ruling of the Chair on such point of order.