Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Heroes Credit Protection
Act''.

SEC. 2. PROTECTION OF CREDIT RATINGS OF MEMBERS OF THE RESERVE
              COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.

    (a) In General.--Title II of the Servicemembers Civil Relief Act
(50 U.S.C. App. 521 et seq.) is amended by adding at the end the
following new section:

``SEC. 208. PROTECTION OF CREDIT RATINGS OF MEMBERS OF RESERVE
              COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.

    ``(a) Request for Military Service Deployment Explanation.--At any
time during or after serving on active duty in support of a contingency
operation, an eligible servicemember may request that a consumer
reporting agency include a military service deployment explanation with
respect to a qualifying account in the file of that servicemember at
the consumer reporting agency.
    ``(b) Responsibilities of Consumer Reporting Agencies.--Upon
receiving a request from an eligible servicemember under subsection
(a), a consumer reporting agency shall--
            ``(1) include a military service deployment explanation
        with respect to a qualifying account in the file of that
        servicemember and provide the military service deployment
        explanation to each person who requests the credit score or
        consumer report of the servicemember;
            ``(2) develop and maintain procedures for the referral to
        other such agencies of any military service deployment
        explanation received by the agency; and
            ``(3) notify the servicemember in writing that the
        inclusion of any explanation or notation in the file of the
        servicemember could potentially negatively affect the credit
        rating of the servicemember and may not mitigate a low credit
        score.
    ``(c) Duty of Reseller to Reconvey Military Service Deployment
Explanation.--A reseller shall include in any report of the reseller on
a servicemember any military service deployment explanation placed in
the file of that servicemember by another consumer reporting agency
pursuant to this section.
    ``(d) Acknowledgment of Military Service Deployment Explanation.--
Any prospective user of a consumer credit report containing a military
service deployment explanation shall acknowledge such military service
deployment explanation.
    ``(e) Definitions.--For the purposes of this section:
            ``(1) The term `eligible servicemember' means a member of a
        reserve component who serves on active duty outside the
        continental United States in support of a contingency operation
        under a call or order specifying a period of such service of
        not less than 180 days (or who enters such service under a call
        or order specifying a period of 180 days or less and who,
        without a break in service, receives orders extending the
        period of such service to a period of not less than 180 days).
            ``(2) The term `military service deployment explanation'
        means a code generated by a consumer reporting agency that is
        delivered in conjunction with a consumer report or credit score
        to a user of the consumer report or credit score to indicate
        that the consumer report or credit score of the consumer was
        adversely affected during a period in which the consumer was a
        servicemember serving on active duty outside the continental
        United States in support of a contingency operation.
            ``(3) The term `contingency operation' has the meaning
        given that term under section 101(a)(13) of title 10, United
        States Code.
            ``(4) The term `active duty' has the meaning given that
        term under section 101(d)(1) of title 10, United States Code.
            ``(5) The term `consumer reporting agency' has the meaning
        given that term under section 603 of the Fair Credit Reporting
        Act.
            ``(6) The term `reseller' has the meaning given that term
        under section 603 of the Fair Credit Reporting Act.
            ``(7) The term `qualifying account' means an account that
        was opened by a servicemember before the date on which the
        servicemember was deployed outside the continental United
        States in support of a contingency operation, but only with
        respect to obligations incurred before such date.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 207
the following new item:

``Sec. 208. Protection of credit ratings of certain servicemembers.''.
    (c) Military Service Deployment Explanation Not to Affect Certain
Future Transactions.--Section 108 of such Act (50 U.S.C. App. 518) is
amended in the matter preceding paragraph (1), by inserting after
``liability of that servicemember'' the following: ``, or the inclusion
of a military service deployment explanation in a file of the
servicemember at a consumer reporting agency pursuant to section
208,''.

            Passed the House of Representatives November 5, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
National Heroes Credit Protection Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to authorize a member of the reserves who is deployed outside the United States for 180 days or more in support of a contingency operation (servicemember) to request that a consumer reporting agency (CRA) include in that servicemember's file a military service deployment explanation (explanation) with respect to an account that was opened by the servicemember before such deployment.

Requires: (1) a reseller of credit reporting information to include in any report on a servicemember any explanation placed in such servicemember's file by another CRA; and (2) any user of a consumer credit report containing such explanation to acknowledge the explanation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safer Communities Partnership Act of
1999''.

SEC. 2. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL
              JUVENILE CRIME REDUCTION STRATEGIES.

    (a) In General.--
            (1) Establishment.--The Attorney General (or a designee of
        the Attorney General), in conjunction with the Secretary of the
        Treasury (or the designee of the Secretary), shall establish a
        pilot program (referred to in this section as the ``program'')
        to encourage and support communities that adopt a comprehensive
        approach to suppressing and preventing violent juvenile crime
        and reducing drug and alcohol abuse among juveniles, patterned
        after successful State juvenile crime reduction strategies.
            (2) Program.--In carrying out the program, the Attorney
        General shall--
                    (A) make and track grants to grant recipients
                (referred to in this section as ``coalitions'');
                    (B) in conjunction with the Secretary of the
                Treasury and the Secretary of Health and Human
                Services, provide for technical assistance and
                training, in addition to data collection, and
                dissemination of relevant information; and
                    (C) provide for the general administration of the
                program.
            (3) Administration.--Not later than 30 days after the date
        of enactment of this Act, the Attorney General shall appoint or
        designate an Administrator (referred to in this section as the
        ``Administrator'') to carry out the program.
            (4) Program authorization.--To be eligible to receive an
        initial grant or a renewal grant under this section, a
        coalition shall meet each of the following criteria:
                    (A) Composition.--The coalition shall consist of 1
                or more representatives of--
                            (i) the local or tribal police department
                        or sheriff's department;
                            (ii) the local prosecutors' office;
                            (iii) State or local probation officers;
                            (iv) religious affiliated or fraternal
                        organizations involved in crime prevention;
                            (v) schools;
                            (vi) parents or local grass roots
                        organizations such as neighborhood watch
                        groups;
                            (vii) social service agencies involved in
                        crime prevention;
                            (viii) a juvenile or youth court judge; and
                            (ix) substance and alcohol abuse counselors
                        and treatment providers.
                    (B) Other participants.--If possible, in addition
                to the representatives from the categories listed in
                subparagraph (A), the coalition shall include 1 or more
                representatives of--
                            (i) the United States Attorney's office;
                            (ii) the Federal Bureau of Investigation;
                            (iii) the Bureau of Alcohol, Tobacco and
                        Firearms;
                            (iv) the Drug Enforcement Administration;
                            (v) the business community; and
                            (vi) researchers who have studied criminal
                        justice and can offer technical or other
                        assistance.
                    (C) Coordinated strategy.--A coalition shall submit
                to the Attorney General, or the Attorney General's
                designee, a comprehensive plan for reducing violent
                juvenile crime. To be eligible for consideration, a
                plan shall--
                            (i) ensure close collaboration among all
                        members of the coalition in suppressing and
                        preventing juvenile crime;
                            (ii) place heavy emphasis on coordinated
                        enforcement initiatives, such as Federal and
                        State programs that coordinate local police
                        departments, prosecutors, and local community
                        leaders to focus on the suppression of violent
                        juvenile crime involving gangs;
                            (iii) ensure that there is close
                        collaboration between police and probation
                        officers in the supervision of juvenile
                        offenders, such as initiatives that coordinate
                        the efforts of parents, school officials, and
                        police and probation officers to patrol the
                        streets and make home visits to ensure that
                        offenders comply with the terms of their
                        probation;
                            (iv) ensure that a program is in place to
                        trace all firearms seized from crime scenes or
                        offenders in an effort to identify illegal gun
                        traffickers;
                            (v) ensure that effective crime prevention
                        programs are in place, such as programs that
                        provide after-school safe havens and other
                        opportunities for at-risk youth to escape or
                        avoid gang or other criminal activity, and to
                        reduce recidivism; and
                            (vi) ensure that a program is in place to
                        divert nonviolent juvenile offenders into
                        substance or alcohol abuse treatment,
the successful completion of which may result in a suspended sentence
for the offense, and the unsuccessful completion of which may result in
an enhanced sentence for the offense.
                    (D) Accountability.--A coalition shall--
                            (i) establish a system to measure and
                        report outcomes consistent with common
                        indicators and evaluation protocols established
                        by the Administrator and that receives the
                        approval of the Administrator; and
                            (ii) devise a detailed model for measuring
                        and evaluating the success of the plan of the
                        coalition in reducing violent juvenile crime,
                        and provide assurances that the plan will be
                        evaluated on a regular basis to assess progress
                        in reducing violent juvenile crime.
            (5) Priority.--In awarding grants under this section, the
        Attorney General shall give priority to coalitions representing
        communities with demonstrated juvenile crime and drug abuse
        problems.
            (6) Grant amounts.--
                    (A) In general.--The Administrator may award a
                grant to an eligible coalition under this section, in
                an amount not to exceed the lesser of--
                            (i) the amount of non-Federal funds raised
                        by the coalition, including in-kind
                        contributions, for that fiscal year; and
                            (ii) $400,000.
                    (B) Nonsupplanting requirement.--A coalition
                seeking funds shall provide reasonable assurances that
                funds made available under this program to States or
                units of local government shall be so used as to
                supplement and increase (but not supplant) the level of
                the State, local, and other non-Federal funds that
                would in the absence of such Federal funds be made
                available for programs described in this section, and
                shall in no event replace such State, local, or other
                non-Federal funds.
                    (C) Suspension of grants.--If a coalition fails to
                continue to meet the criteria set forth in this
                section, the Administrator may suspend the grant, after
                providing written notice to the grant recipient and an
                opportunity to appeal.
                    (D) Renewal grants.--Subject to subparagraph (D),
                the Administrator may award a renewal grant to grant
                recipient under this subparagraph for each fiscal year
                following the fiscal year for which an initial grant is
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                kind contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
            (7) Permitted use of funds.--A coalition receiving funds
        under this section may expend such Federal funds on any use or
        program that is contained in the plan submitted to the
        Administrator.
            (8) Congressional consultation.--
                    (A) In general.--Two years after the date of
                implementation of the program established in this
                section, the Comptroller General of the United States
                shall submit to Congress a report reviewing the
                effectiveness of the program in suppressing and
                reducing violent juvenile crime in the participating
                communities.
                    (B) Contents of report.--The report submitted under
                subparagraph (A) shall include--
                            (i) an analysis of each community
                        participating in the program, along with
                        information regarding the plan undertaken in
                        the community, and the effectiveness of the
                        plan in reducing violent juvenile crime; and
                            (ii) recommendations regarding the efficacy
                        of continuing the program.
    (b) Information Collection and Dissemination With Respect to
Coalitions.--
            (1) Coalition information.--For the purpose of audit and
        examination, the Attorney General--
                    (A) shall have access to any books, documents,
                papers, and records that are pertinent to any grant or
                grant renewal request under this section; and
                    (B) may periodically request information from a
                coalition to ensure that the coalition meets the
                applicable criteria.
            (2) Reporting.--The Attorney General shall, to the maximum
        extent practicable and in a manner consistent with applicable
        law, minimize reporting requirements by a coalition and
        expedite any application for a renewal grant made under this
        section.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $5,000,000 for each of fiscal years 2000
        through 2003, of which--
                    (A) not less than $1,000,000 in each fiscal year
                shall be used for coalitions representing communities
                with a population of not more than 50,000; and
                    (B) not less than 2 percent in each fiscal year
                shall be used for technical assistance and training
                under subsection (a)(2)(B).
            (2) Source of sums.--Amounts authorized to be appropriated
        pursuant to this subsection may be derived from the Violent
        Crime Reduction Trust Fund.

Output:
Requires the Attorney General, in carrying out the program, to: (1) make and track grants; and (2) provide for technical assistance and training, in addition to data collection and dissemination of relevant information, and general program administration.  Directs the Attorney General to appoint or designate an Administrator to carry out the program.
Sets forth initial grant and renewal requirements.  Directs that a grant recipient (coalition) submit to the Attorney General a comprehensive plan for reducing violent juvenile crime that meets specified requirements, such as ensuring that: (1) heavy emphasis is placed on coordinated enforcement initiatives; (2) there is close collaboration between police and probation officers in the supervision of juvenile offenders; (3) a program is in place to trace all firearms seized from crime scenes or offenders in an effort to identify illegal gun traffickers; and (4) a program is in place to divert nonviolent juvenile offenders into substance or alcohol abuse treatment.
Requires coalitions to establish a system to measure and report outcomes, devise a detailed model for measuring and evaluating success, and provide assurances that the plan will be evaluated regularly to assess progress in reducing violent juvenile crime.  Directs the Attorney General to give priority to coalitions representing communities with demonstrated juvenile crime and drug abuse problems.
Sets forth provisions regarding grant amounts, permitted use of funds, a Comptroller General report to Congress reviewing program effectiveness, and information collection and dissemination with respect to coalitions.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kenai Mountains-Turnagain Arm
National Heritage Area Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) The Kenai Mountains-Turnagain Arm transportation
        corridor is a major gateway to Alaska and includes a range of
        transportation routes used first by indigenous people who were
        followed by pioneers who settled the Nation's last frontier;
            (2) the natural history and scenic splendor of the region
        are equally outstanding; vistas of nature's power include
        evidence of earthquake subsidence, recent avalanches,
        retreating glaciers and tidal action along Turnagain Arm, which
        has the world's second greatest tidal range;
            (3) the cultural landscape formed by indigenous people and
        then by settlement, transportation and modern resource
        development in this rugged and often treacherous natural
        setting stands as powerful testimony to the human fortitude,
        perseverance, and resourcefulness that is America's proudest
        heritage from the people who settled the frontier;
            (4) there is a national interest in recognizing,
        preserving, promoting, and interpreting these resources;
            (5) the Kenai Mountains-Turnagain Arm region is
        geographically and culturally cohesive because it is defined by
        a corridor of historic routes--trail, water, railroad, and
        roadways through a distinct landscape of mountains, lakes, and
        fjords;
            (6) national significance of separate elements of the
        region include, but are not limited to, the Iditarod National
        Historic Trail, the Seward Highway National Scenic Byway, and
        the Alaska Railroad National Scenic Railroad;
            (7) national heritage area designation provides for the
        interpretation of these routes, as well as the national
        historic districts and numerous historic routes in the region
        as part of the whole picture of human history in the wider
        transportation corridor including early Native trade routes,
        connections by waterway, mining trail, and other routes;
            (8) national heritage area designation also provides
        communities within the region with the motivation and means for
        ``grass roots'' regional coordination and partnerships with
        each other and with borough, State, and Federal agencies; and
            (9) national heritage area designation is supported by the
        Kenai Peninsula Historical Association, the Seward Historical
        Commission, the Seward City Council, the Hope and Sunrise
        Historical Society, the Hope Chamber of Commerce, the Alaska
        Association for Historic Preservation, the Cooper Landing
        Community Club, the Alaska Wilderness Recreation and Tourism
        Association, Anchorage Historic Properties, the Anchorage
        Convention and Visitors Bureau, the Cook Inlet Historical
        Society, the Moose Pass Sportsman's Club, the Alaska
Historical Commission, the Girdwood Board of Supervisors, the Kenai
River Special Management Area Advisory Board, the Bird/Indian Community
Council, the Kenai Peninsula Borough Trails Commission, the Alaska
Division of Parks and Recreation, the Kenai Peninsula Borough, the
Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal
Assembly.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize, preserve, and interpret the historic and
        modern resource development and cultural landscapes of the
        Kenai Mountains-Turnagain Arm historic transportation corridor,
        and to promote and facilitate the public enjoyment of these
        resources; and
            (2) to foster, through financial and technical assistance,
        the development of cooperative planning and partnership among
        the communities and borough, State, and Federal Government
        entities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Kenai Mountains-Turnagain Arm National Heritage Area
        established by section 4(a) of this Act.
            (2) Management entity.--The term ``management entity''
        means the 11 member Board of Directors of the Kenai Mountains-
        Turnagain Arm National Heritage Corridor Communities
        Association.
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Area.
    (b) Boundaries.--The Heritage Area shall comprise the lands in the
Kenai Mountains and upper Turnagain Arm region generally depicted on
the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage
Corridor'', numbered ``Map #KMTA-1, and dated ``August 1999''. The map
shall be on file and available for public inspection in the offices of
the Alaska Regional Office of the National Park Service and in the
offices of the Alaska State Heritage Preservation Officer.

SEC. 5. MANAGEMENT ENTITY.

    (a) The Secretary shall enter into a cooperative agreement with the
management entity, to carry out the purposes of this Act. The
cooperative agreement shall include information relating to the
objectives and management of the Heritage Area, including the
following:
            (1) A discussion of the goals and objectives of the
        Heritage Area.
            (2) An explanation of the proposed approach to conservation
        and interpretation of the Heritage Area.
            (3) A general outline of the protection measures, to which
        the management entity commits.
    (b) Nothing in this Act authorizes the management entity to assume
any management authorities or responsibilities on Federal lands.
    (c) Representatives of other organizations shall be invited and
encouraged to participate with the management entity and in the
development and implementation of the management plan, including but
not limited to: The State Division of Parks and Outdoor Recreation; the
State Division of Mining, Land and Water; the Forest Service; the State
Historic Preservation Office; the Kenai Peninsula Borough; the
Municipality of Anchorage; the Alaska Railroad; the Alaska Department
of Transportation; and the National Park Service.
    (d) Representation of ex-officio members in the non-profit
corporation shall be established under the bylaws of the management
entity.

SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT
              ENTITY.

    (a) Management Plan.--
            (1) In general.--Not later than 3 years after the Secretary
        enters into a cooperative agreement with the management entity,
        the management entity shall develop a management plan for the
        Heritage Area, taking into consideration existing Federal,
        State, borough, and local plans.
            (2) Contents.--The management plan shall include, but not
        be limited to--
                    (A) comprehensive recommendations for conservation,
                funding, management, and development of the Heritage
                Area;
                    (B) a description of agreements on actions to be
                carried out by Government and private organizations to
                protect the resources of the Heritage Area;
                    (C) a list of specific and potential sources of
                funding to protect, manage, and develop the Heritage
                Area;
                    (D) an inventory of the resources contained in the
                Heritage Area; and
                    (E) a description of the role and participation of
                other Federal, State, and local agencies that have
                jurisdiction on lands within the Heritage Area.
    (b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
cooperative agreement with the Secretary and the heritage plan,
including assisting communities within the region in--
            (1) carrying out programs which recognize important
        resource values in the Heritage Area;
            (2) encouraging economic viability in the affected
        communities;
            (3) establishing and maintaining interpretive exhibits in
        the Heritage Area;
            (4) improving and interpreting heritage trails;
            (5) increasing public awareness and appreciation for the
        natural, historical, and cultural resources and modern resource
        development of the Heritage Area;
            (6) restoring historic buildings and structures that are
        located within the boundaries of the Heritage Area; and
            (7) ensuring that clear, consistent, and appropriate signs
        identifying public access points and sites of interest are
        placed throughout the Heritage Area.
    (c) Public Meetings.--The management entity shall conduct 2 or more
public meetings each year regarding the initiation and implementation
of the management plan for the Heritage Area. The management entity
shall place a notice of each such meeting in a newspaper of general
circulation in the Heritage Area and shall make the minutes of the
meeting available to the public.

SEC. 7. DUTIES OF THE SECRETARY.

    (a) The Secretary, in consultation with the Governor of Alaska, or
his designee, is authorized to enter into a cooperative agreement with
the management entity. The cooperative agreement shall be prepared with
public participation.
    (b) In accordance with the terms and conditions of the cooperative
agreement and upon the request of the management entity, and subject to
the availability of funds, the Secretary may provide administrative,
technical, financial, design, development, and operations assistance to
carry out the purposes of this Act.

SEC. 8. SAVINGS PROVISIONS.

    (a) Regulatory Authority.--Nothing in this Act shall be construed
to grant powers of zoning or management of land use to the management
entity of the Heritage Area.
    (b) Effect on Authority of Governments.--Nothing in this Act shall
be construed to modify, enlarge, or diminish any authority of the
Federal, State, or local governments to manage or regulate any use of
land as provided for by law or regulation.
    (c) Effect on Business.--Nothing in this Act shall be construed to
obstruct or limit business activity on private development or resource
development activities.

SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY.

    The management entity may not use funds appropriated to carry out
the purposes of this Act to acquire real property or interest in real
property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) First Year.--For the first year $350,000 is authorized to be
appropriated to carry out the purposes of this Act, and is made
available upon the Secretary and the management entity completing a
cooperative agreement.
    (b) In General.--There is authorized to be appropriated not more
than $1,000,000 to carry out the purposes of this Act for any fiscal
year after the first year. Not more than $10,000,000, in the aggregate,
may be appropriated for the Heritage Area.
    (c) Matching Funds.--Federal funding provided under this Act shall
be matched at least 25 percent by other funds or in-kind services.
    (d) Sunset Provision.--The Secretary may not make any grant or
provide any assistance under this Act beyond 15 years from the date
that the Secretary and management entity complete a cooperative
agreement.

Output:
Kenai Mountains-Turnagain Arm National Heritage Area Act - Establishes the Kenai Mountains-Turnagain Arm National Heritage Area in Alaska.

Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association; and (2) the Association to develop a management plan for the Heritage Area. Prohibits the Association from using funds appropriated to carry out this Act to acquire real property.


Input:
SECTION 1. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended--
            (1) in section 515(d)--
                    (A) by striking paragraph (5); and
                    (B) by redesignating paragraph (6) as paragraph
                (5); and
            (2) by inserting after section 515A (21 U.S.C. 360e-1) the
        following:

``SEC. 515B. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES.

    ``(a) In General.--In order to provide for more effective treatment
or diagnosis of life-threatening or irreversibly debilitating human
diseases or conditions, the Secretary shall establish a program to
provide priority review for devices--
            ``(1) representing breakthrough technologies;
            ``(2) for which no approved alternatives exist;
            ``(3) offering significant advantages over existing
        approved or cleared alternatives, including the potential to,
        compared to existing approved or cleared alternatives, reduce
        or eliminate the need for hospitalization, improve patient
        quality of life, facilitate patients' ability to manage their
        own care (such as through self-directed personal assistance),
        or establish long-term clinical efficiencies; or
            ``(4) the availability of which is in the best interest of
        patients.
    ``(b) Request for Designation.--A sponsor of a device may request
that the Secretary designate the device for priority review under this
section. Any such request for designation may be made at any time prior
to the submission of an application under section 515(c), a petition
for classification under section 513(f)(2), or a notification under
section 510(k).
    ``(c) Designation Process.--
            ``(1) In general.--Not later than 60 calendar days after
        the receipt of a request under subsection (b), the Secretary
        shall determine whether the device that is the subject of the
        request meets the criteria described in subsection (a). If the
        Secretary determines that the device meets the criteria, the
        Secretary shall designate the device for priority review.
            ``(2) Review.--Review of a request under subsection (b)
        shall be undertaken by a team that is composed of experienced
        staff and managers of the Food and Drug Administration and is
        chaired by a senior manager.
            ``(3) Designation determination.--A determination approving
        or denying a request under subsection (b) shall be considered a
        significant decision under section 517A and the Secretary shall
        provide a written, substantive summary of the basis for the
        determination in accordance with section 517A(a).
            ``(4) Reconsideration.--
                    ``(A) Request for reconsideration.--Any person
                whose request under subsection (b) is denied may,
                within 30 days of the denial, request reconsideration
                of the denial in accordance with section 517A(b)--
                            ``(i) based upon the submission of
                        documents by such person; or
                            ``(ii) based upon such documents and a
                        meeting or teleconference.
                    ``(B) Response.--Reconsideration of a designation
                determination under this paragraph shall be conducted
                in accordance with section 517A(b).
            ``(5) Withdrawal.--If the Secretary approves a priority
        review designation for a device under this section, the
        Secretary may not withdraw the designation based on the fact
        that the criteria specified in subsection (a) are no longer met
        because of the subsequent clearance or approval of another
        device that was designated under--
                    ``(A) this section; or
                    ``(B) section 515(d)(5) (as in effect immediately
                prior to the enactment of the 21st Century Cures Act).
    ``(d) Priority Review.--
            ``(1) Actions.--For purposes of expediting the development
        and review of devices designated under subsection (c), the
        Secretary shall--
                    ``(A) assign a team of staff, including a team
                leader with appropriate subject matter expertise and
                experience, for each device for which a request is
                submitted under subsection (b);
                    ``(B) provide for oversight of the team by senior
                agency personnel to facilitate the efficient
                development of the device and the efficient review of
                any submission described in subsection (b) for the
                device;
                    ``(C) adopt an efficient process for timely dispute
                resolution;
                    ``(D) provide for interactive communication with
                the sponsor of the device during the review process;
                    ``(E) expedite the Secretary's review of
                manufacturing and quality systems compliance, as
                applicable;
                    ``(F) disclose to the sponsor in advance the topics
                of any consultation concerning the sponsor's device
                that the Secretary intends to undertake with external
                experts or an advisory committee and provide the
                sponsor an opportunity to recommend such external
                experts;
                    ``(G) for applications submitted under section
                515(c), provide for advisory committee input, as the
                Secretary determines appropriate (including in response
                to the request of the sponsor); and
                    ``(H) assign staff to be available within a
                reasonable time to address questions by institutional
                review committees concerning the conditions and
                clinical testing requirements applicable to the
                investigational use of the device pursuant to an
                exemption under section 520(g).
            ``(2) Additional actions.--In addition to the actions
        described in paragraph (1), for purposes of expediting the
        development and review of devices designated under subsection
        (c), the Secretary, in collaboration with the device sponsor,
        may, as appropriate--
                    ``(A) coordinate with the sponsor regarding early
                agreement on a data development plan;
                    ``(B) take steps to ensure that the design of
                clinical trials is as efficient as practicable, such as
                through adoption of shorter or smaller clinical trials,
                application of surrogate endpoints, and use of adaptive
                trial designs and Bayesian statistics, to the extent
                scientifically appropriate;
                    ``(C) facilitate, to the extent scientifically
                appropriate, expedited and efficient development and
                review of the device through utilization of timely
                postmarket data collection, with regard to applications
                for approval under section 515(c); and
                    ``(D) agree to clinical protocols that the
                Secretary will consider binding on the Secretary and
                the sponsor, subject to--
                            ``(i) changes agreed to by the sponsor and
                        the Secretary;
                            ``(ii) changes that the Secretary
                        determines are required to prevent an
                        unreasonable risk to the public health; or
                            ``(iii) the identification of a substantial
                        scientific issue determined by the Secretary to
                        be essential to the safety or effectiveness of
                        the device involved.
    ``(e) Priority Review Guidance.--
            ``(1) Content.--The Secretary shall issue guidance on the
        implementation of this section. Such guidance shall include the
        following:
                    ``(A) The process for a person to seek a priority
                review designation.
                    ``(B) A template for requests under subsection (b).
                    ``(C) The criteria the Secretary will use in
                evaluating a request for priority review.
                    ``(D) The standards the Secretary will use in
                assigning a team of staff, including team leaders, to
                review devices designated for priority review,
                including any training required for such personnel on
                effective and efficient review.
            ``(2) Process.--Prior to finalizing the guidance under
        paragraph (1), the Secretary shall propose such guidance for
        public comment.
    ``(f) Construction.--
            ``(1) Purpose.--This section is intended to encourage the
        Secretary and provide the Secretary sufficient authorities to
        apply efficient and flexible approaches to expedite the
        development of, and prioritize the agency's review of, devices
        that represent breakthrough technologies.
            ``(2) Construction.--Nothing in this section shall be
        construed to alter the criteria and standards for evaluating an
        application pursuant to section 515(c), a report and request
        for classification under section 513(f)(2), or a report under
        section 510(k), including the recognition of valid scientific
        evidence as described in section 513(a)(3)(B), and
        consideration of the least burdensome means of evaluating
        device effectiveness or demonstrating substantial equivalence
        between devices with differing technological characteristics,
        as applicable. Nothing in this section alters the authority of
        the Secretary to act on an application pursuant to section
        515(d) before completion of an establishment inspection, as the
        Secretary deems appropriate.''.
    (b) Conforming Amendment Related to Designation Determinations.--
Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360g-1(a)(1)) is amended by inserting ``a request for
designation under section 515B,'' after ``an application under section
515,''.

Output: This bill amends the Federal Food, Drug, and Cosmetic Act to replace the requirement that the Food and Drug Administration (FDA) prioritize review of breakthrough medical devices with a requirement that the FDA establish a program to provide priority review for breakthrough medical devices. Prior to submitting an application for approval, a medical device sponsor may request that the FDA designate the medical device for priority review. The FDA must provide a summary of the basis for its determination regarding designation. To expedite the development and review of designated medical devices, the FDA must:  assign a team of staff for each device, adopt an efficient process for dispute resolution, provide for interactive communication with the device sponsor, expedite review of manufacturing and quality systems compliance, disclose to the sponsor in advance the topics of any consultation between the FDA and external experts or an advisory committee and provide the sponsor the opportunity to recommend external experts, assign staff to address questions by institutional review committees concerning investigational use of the device.  The FDA may: (1) coordinate with the sponsor regarding early agreement on a data development plan; (2) take steps to ensure that the design of clinical trials is as efficient as practicable; (3) utilize timely postmarket data collection; and (4) agree to clinical protocols, subject to an FDA determination that changes are required to prevent an unreasonable risk to the public health or that a substantial scientific issue is essential to the safety or effectiveness of the device.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``EINSTEIN Act of 2015''.

SEC. 2. PROTECTION OF FEDERAL CIVILIAN INFORMATION SYSTEMS.

    (a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following new section:

``SEC. 230. AVAILABLE PROTECTION OF FEDERAL CIVILIAN INFORMATION
              SYSTEMS.

    ``(a) In General.--The Secretary shall deploy, operate, and
maintain, to make available for use by any Federal agency, with or
without reimbursement, capabilities to protect Federal agency
information and Federal civilian information systems, including
technologies to diagnose, detect, prevent, and mitigate against
cybersecurity risks involving Federal agency information or Federal
civilian information systems.
    ``(b) Activities.--In carrying out this section, the Secretary
may--
            ``(1) access, and Federal agency heads may disclose to the
        Secretary or a private entity providing assistance to the
        Secretary under paragraph (2), information traveling to or from
        or stored on a Federal civilian information system, regardless
        of from where the Secretary or a private entity providing
        assistance to the Secretary under paragraph (2) accesses such
        information, notwithstanding any other provision of law that
        would otherwise restrict or prevent Federal agency heads from
        disclosing such information to the Secretary or a private
        entity providing assistance to the Secretary under paragraph
        (2);
            ``(2) enter into contracts or other agreements, or
        otherwise request and obtain the assistance of, private
        entities to deploy, operate, and maintain technologies in
        accordance with subsection (a); and
            ``(3) retain, use, and disclose information obtained
        through the conduct of activities authorized under this section
        only to protect Federal agency information and Federal civilian
        information systems from cybersecurity risks or in furtherance
        of the national cybersecurity and communications integration
        center's authority under the second section 226, or, with the
        approval of the Attorney General and if disclosure of such
        information is not otherwise prohibited by law, to law
        enforcement only to investigate, prosecute, disrupt, or
        otherwise respond to--
                    ``(A) a violation of section 1030 of title 18,
                United States Code;
                    ``(B) an imminent threat of death or serious bodily
                harm;
                    ``(C) a serious threat to a minor, including sexual
                exploitation or threats to physical safety; or
                    ``(D) an attempt, or conspiracy, to commit an
                offense described in any of subparagraphs (A) through
                (C).
    ``(c) Conditions.--Contracts or other agreements under subsection
(b)(2) shall include appropriate provisions barring--
            ``(1) the disclosure of information to any entity other
        than the Department or a Federal agency disclosing information
        in accordance with subsection (b)(1) that can be used to
        identify specific persons and is reasonably believed to be
        unrelated to a cybersecurity risk; and
            ``(2) the use of any information to which such private
        entity gains access in accordance with this section for any
        purpose other than to protect Federal agency information and
        Federal civilian information systems against cybersecurity
        risks or to administer any such contract or other agreement.
    ``(d) Limitation.--No cause of action shall lie in any court
against a private entity for assistance provided to the Secretary in
accordance with this section and a contract or agreement under
subsection (b)(2).
    ``(e) Definition.--The term `cybersecurity risk' has the meaning
given such term in the second section 226 (relating to the national
cybersecurity and communications integration center).''.
    (b) Definitions.--Paragraphs (1) and (2) of the second section 226
of the Homeland Security Act of 2002 (6 U.S.C. 148; relating to the
national cybersecurity and communications integration center) are
amended to read as follows:
            ``(1)(A) except as provided in subparagraph (B), the term
        `cybersecurity risk' means threats to and vulnerabilities of
        information or information systems and any related consequences
        caused by or resulting from unauthorized access, use,
        disclosure, degradation, disruption, modification, or
        destruction of such information or information systems,
        including such related consequences caused by an act of
        terrorism; and
            ``(B) such term does not include any action that solely
        involves a violation of a consumer term of service or a
        consumer licensing agreement;
            ``(2) the term `incident' means an occurrence that actually
        or imminently jeopardizes, without lawful authority, the
        integrity, confidentiality, or availability of information on
        an information system, or actually or imminently jeopardizes,
        without lawful authority, an information system;''.
    (c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by adding at the end the following new
item:

``Sec. 230. Available protection of Federal civilian information
                            systems.''.

Output: EINSTEIN Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to deploy, operate, and maintain (to make available for use by any federal agency, with or without reimbursement) capabilities to protect federal agency information and federal civilian information systems, including technologies to continuously diagnose, detect, prevent, and mitigate against cybersecurity risks involving such information or systems. Authorizes the DHS Secretary to access, and allows federal agency heads to disclose to the Secretary, information traveling to or from or stored on such systems, regardless of from where the Secretary accesses such information, notwithstanding any law that would otherwise restrict or prevent such disclosures.  Authorizes the Secretary to retain, use, and disclose information obtained through such activities only to protect federal agency information and federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center's (NCCIC's) authority, or, with DOJ approval and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to:   criminal computer fraud;  an imminent threat of death or serious bodily harm;  a serious threat to a minor, including sexual exploitation or threats to physical safety; or  an attempt or conspiracy to commit any of such offenses.  Provides liability protections to private entities authorized to assist the Secretary for such purposes.  Redefines for purposes of the NCCIC's cybersecurity functions: (1) "cybersecurity risk" to exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement; and (2) "incident" to include an occurrence that actually or imminently jeopardizes, without lawful authority, an information system, thereby replacing a standard that includes occurrences that constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Religious Land Use and
Institutionalized Persons Act of 2000''.

SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.

    (a) Substantial Burdens.--
            (1) General rule.--No government shall impose or implement
        a land use regulation in a manner that imposes a substantial
        burden on the religious exercise of a person, including a
        religious assembly or institution, unless the government
        demonstrates that imposition of the burden on that person,
        assembly, or institution--
                    (A) is in furtherance of a compelling governmental
                interest; and
                    (B) is the least restrictive means of furthering
                that compelling governmental interest.
            (2) Scope of application.--This subsection applies in any
        case in which--
                    (A) the substantial burden is imposed in a program
                or activity that receives Federal financial assistance,
                even if the burden results from a rule of general
                applicability;
                    (B) the substantial burden affects, or removal of
                that substantial burden would affect, commerce with
                foreign nations, among the several States, or with
                Indian tribes, even if the burden results from a rule
                of general applicability; or
                    (C) the substantial burden is imposed in the
                implementation of a land use regulation or system of
                land use regulations, under which a government makes,
                or has in place formal or informal procedures or
                practices that permit the government to make,
                individualized assessments of the proposed uses for the
                property involved.
    (b) Discrimination and Exclusion.--
            (1) Equal terms.--No government shall impose or implement a
        land use regulation in a manner that treats a religious
        assembly or institution on less than equal terms with a
        nonreligious assembly or institution.
            (2) Nondiscrimination.--No government shall impose or
        implement a land use regulation that discriminates against any
        assembly or institution on the basis of religion or religious
        denomination.
            (3) Exclusions and limits.--No government shall impose or
        implement a land use regulation that--
                    (A) totally excludes religious assemblies from a
                jurisdiction; or
                    (B) unreasonably limits religious assemblies,
                institutions, or structures within a jurisdiction.

SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.

    (a) General Rule.--No government shall impose a substantial burden
on the religious exercise of a person residing in or confined to an
institution, as defined in section 2 of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997), even if the burden
results from a rule of general applicability, unless the government
demonstrates that imposition of the burden on that person--
            (1) is in furtherance of a compelling governmental
        interest; and
            (2) is the least restrictive means of furthering that
        compelling governmental interest.
    (b) Scope of Application.--This section applies in any case in
which--
            (1) the substantial burden is imposed in a program or
        activity that receives Federal financial assistance; or
            (2) the substantial burden affects, or removal of that
        substantial burden would affect, commerce with foreign nations,
        among the several States, or with Indian tribes.

SEC. 4. JUDICIAL RELIEF.

    (a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
    (b) Burden of Persuasion.--If a plaintiff produces prima facie
evidence to support a claim alleging a violation of the Free Exercise
Clause or a violation of section 2, the government shall bear the
burden of persuasion on any element of the claim, except that the
plaintiff shall bear the burden of persuasion on whether the law
(including a regulation) or government practice that is challenged by
the claim substantially burdens the plaintiff's exercise of religion.
    (c) Full Faith and Credit.--Adjudication of a claim of a violation
of section 2 in a non-Federal forum shall not be entitled to full faith
and credit in a Federal court unless the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
    (d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
            (1) by inserting ``the Religious Land Use and
        Institutionalized Persons Act of 2000,'' after ``Religious
        Freedom Restoration Act of 1993,''; and
            (2) by striking the comma that follows a comma.
    (e) Prisoners.--Nothing in this Act shall be construed to amend or
repeal the Prison Litigation Reform Act of 1995 (including provisions
of law amended by that Act).
    (f) Authority of United States To Enforce This Act.--The United
States may bring an action for injunctive or declaratory relief to
enforce compliance with this Act. Nothing in this subsection shall be
construed to deny, impair, or otherwise affect any right or authority
of the Attorney General, the United States, or any agency, officer, or
employee of the United States, acting under any law other than this
subsection, to institute or intervene in any proceeding.
    (g) Limitation.--If the only jurisdictional basis for applying a
provision of this Act is a claim that a substantial burden by a
government on religious exercise affects, or that removal of that
substantial burden would affect, commerce with foreign nations, among
the several States, or with Indian tribes, the provision shall not
apply if the government demonstrates that all substantial burdens on,
or the removal of all substantial burdens from, similar religious
exercise throughout the Nation would not lead in the aggregate to a
substantial effect on commerce with foreign nations, among the several
States, or with Indian tribes.

SEC. 5. RULES OF CONSTRUCTION.

    (a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
    (b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for restricting or burdening religious exercise or for
claims against a religious organization, including any religiously
affiliated school or university, not acting under color of law.
    (c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require a
government to incur expenses in its own operations to avoid imposing a
substantial burden on religious exercise.
    (d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
            (1) authorize a government to regulate or affect, directly
        or indirectly, the activities or policies of a person other
        than a government as a condition of receiving funding or other
        assistance; or
            (2) restrict any authority that may exist under other law
        to so regulate or affect, except as provided in this Act.
    (e) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy or practice that results in a
substantial burden on religious exercise, by retaining the policy or
practice and exempting the substantially burdened religious exercise,
by providing exemptions from the policy or practice for applications
that substantially burden religious exercise, or by any other means
that eliminates the substantial burden.
    (f) Effect on Other Law.--With respect to a claim brought under
this Act, proof that a substantial burden on a person's religious
exercise affects, or removal of that burden would affect, commerce with
foreign nations, among the several States, or with Indian tribes, shall
not establish any inference or presumption that Congress intends that
any religious exercise is, or is not, subject to any law other than
this Act.
    (g) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by the terms of this Act and the Constitution.
    (h) No Preemption or Repeal.--Nothing in this Act shall be
construed to preempt State law, or repeal Federal law, that is equally
as protective of religious exercise as, or more protective of religious
exercise than, this Act.
    (i) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.

SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.

    Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. In
this section, the term ``granting'', used with respect to government
funding, benefits, or exemptions, does not include the denial of
government funding, benefits, or exemptions.

SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.

    (a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
            (1) in paragraph (1), by striking ``a State, or a
        subdivision of a State'' and inserting ``or of a covered
        entity'';
            (2) in paragraph (2), by striking ``term'' and all that
        follows through ``includes'' and inserting ``term `covered
        entity' means''; and
            (3) in paragraph (4), by striking all after ``means'' and
        inserting ``religious exercise, as defined in section 8 of the
        Religious Land Use and Institutionalized Persons Act of
        2000.''.
    (b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
``and State''.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``claimant'' means a person raising
        a claim or defense under this Act.
            (2) Demonstrates.--The term ``demonstrates'' means meets
        the burdens of going forward with the evidence and of
        persuasion.
            (3) Free exercise clause.--The term ``Free Exercise
        Clause'' means that portion of the first amendment to the
        Constitution that proscribes laws prohibiting the free exercise
        of religion.
            (4) Government.--The term ``government''--
                    (A) means--
                            (i) a State, county, municipality, or other
                        governmental entity created under the authority
                        of a State;
                            (ii) any branch, department, agency,
                        instrumentality, or official of an entity
                        listed in clause (i); and
                            (iii) any other person acting under color
                        of State law; and
                    (B) for the purposes of sections 4(b) and 5,
                includes the United States, a branch, department,
                agency, instrumentality, or official of the United
                States, and any other person acting under color of
                Federal law.
            (5) Land use regulation.--The term ``land use regulation''
        means a zoning or landmarking law, or the application of such a
        law, that limits or restricts a claimant's use or development
        of land (including a structure affixed to land), if the
        claimant has an ownership, leasehold, easement, servitude, or
        other property interest in the regulated land or a contract or
        option to acquire such an interest.
            (6) Program or activity.--The term ``program or activity''
        means all of the operations of any entity described in
        paragraph (1) or (2) of section 606 of the Civil Rights Act of
        1964 (42 U.S.C. 2000d-4a).
            (7) Religious exercise.--
                    (A) In general.--The term ``religious exercise''
                includes any exercise of religion, whether or not
                compelled by, or central to, a system of religious
                belief.
                    (B) Rule.--The use, building, or conversion of real
                property for the purpose of religious exercise shall be
                considered to be religious exercise of the person or
                entity that uses or intends to use the property for
                that purpose.

Output: Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare/Medicaid Solvency Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) illnesses and diseases that result from the use of
        tobacco products cost Federal Government health care programs
        billions of dollars, including $10,200,000,000 in the medicare
        program, $5,100,000,000 in the medicaid program, and
        $4,700,000,000 in other Federal health programs in fiscal year
        1993;
            (2) in April 1994, the trustees of the medicare trust funds
        concluded that such funds may be insolvent in 2001;
            (3) such insolvency would severely affect the ability of
        the medicare trust funds to continue to protect the health of
        America's senior citizens; and
            (4) the medicare population has a significantly higher risk
        of contracting illnesses and diseases that result from the use
        of tobacco products than younger age groups.
    (b) Purpose.--The purpose of this Act is to insure the long-term
viability of the medicare, medicaid, and other federal health programs
by establishing a dedicated trust fund to reimburse the government for
the health care costs of individuals with diseases attributable to the
use of tobacco products.

SEC. 3. TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH CARE COST
              REIMBURSEMENT TRUST FUND.

    (a) In General.--The Internal Revenue Code of 1986 is amended by
adding at the end the following new subtitle:

``Subtitle K--Tobacco Product Manufacturers Contribution to Health Care
                     Cost Reimbursement Trust Fund.

                              ``Chapter 100. Tobacco Product
                                        Manufacturers Contribution to
                                        Health Care Cost Reimbursement
                                        Trust Fund.

  ``CHAPTER 100--TOBACCO PRODUCT MANUFACTURERS CONTRIBUTION TO HEALTH
                  CARE COST REIMBURSEMENT TRUST FUND.

                              ``Sec. 9801. Establishment of Tobacco
                                        Product Health Care Cost
                                        Reimbursement Trust Fund.
                              ``Sec. 9802. Contributions to Trust Fund.

``SEC. 9801. ESTABLISHMENT OF TOBACCO PRODUCT HEALTH CARE COST
              REIMBURSEMENT TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Tobacco Product
Health Care Cost Reimbursement Trust Fund' (hereafter referred to in
this chapter as the `Trust Fund'), consisting of such amounts as may be
appropriated or transferred to the Trust Fund as provided in this
section or section 9602(b).
    ``(b) Transfers to Trust Fund.--The Secretary shall transfer to the
Trust Fund an amount equivalent to contributions received in the
Treasury under section 9802.
    ``(c) Distribution of Amounts in Trust Fund.--
            ``(1) In general.--The amounts in the Trust Fund shall be
        available in each fiscal year (beginning with fiscal year
        1997), as provided by appropriation Acts, to the Secretary--
                    ``(A) to distribute to each particular Secretary
                responsible for the expenditure of Federal funds for
                that fiscal year under title XVIII or XIX of the Social
                Security Act or any other Federal program for the
                payment of health care costs of individuals with
                diseases attributable to the use of tobacco products,
                and
                    ``(B) to pay all expenses of administration
                incurred by the Department of the Treasury in
                administering this chapter and the Trust Fund.
            ``(2) Determination of distribution.--Each particular
        Secretary described in paragraph (1)(A) shall submit to the
        Secretary of the Treasury such documentation as the Secretary
        requires to determine the appropriate distribution under
        paragraph (1)(A).
            ``(3) Use of distributions.--In any case in which an
        expenditure of Federal funds described in paragraph (1)(A) was
        made from a trust fund, the distribution under paragraph (1)(A)
        reimbursing such expenditure shall be made to such trust fund.
            ``(4) State medicaid expenditures.--For purposes of this
        section, the Secretary of Health and Human Services shall
        include in the Secretary's submission under paragraph (2) the
        expenditure of State funds under State plans under title XIX of
        the Social Security Act for the payment of health care costs of
        individuals with diseases attributable to the use of tobacco
        products, and to the extent the distribution to the Secretary
        under paragraph (1)(A) is attributable to such expenditure,
        shall reimburse the various States for such expenditures.
    ``(d) Administrative Rules.--For purposes of this section, the
rules of subchapter B of chapter 98 shall apply.
    ``(e) Tobacco Products.--For purposes of this chapter, the term
`tobacco products' has the meaning given such term by section 5702(c).

``SEC. 9802. CONTRIBUTIONS TO TRUST FUND.

    ``(a) Annual Premiums.--Each manufacturer of tobacco products shall
pay to the Trust Fund, an annual contribution equal to the product of
the amount determined under subsection (b) for each fiscal year
(beginning with fiscal year 1997) and the manufacturer's market share
percentage determined under subsection (c) for the calendar year
preceding such fiscal year.
    ``(b) Determination of Funding Levels.--
            ``(1) In general.--Not later than the date the President is
        required to submit the budget of the United States for a fiscal
        year to Congress, the Director of the Centers for Disease
        Control and Prevention, after consultation with the Directors
        of the National Institutes of Health, the National Cancer
        Institute, and the National Heart, Lung, and Blood Institute,
        shall make an estimate of--
                    ``(A) the amount of Federal expenditures for that
                fiscal year under titles XVIII and XIX of the Social
                Security Act and other Federal programs, and
                    ``(B) the amount of State expenditures for that
                fiscal year under State plans under title XIX of the
                Social Security Act,
        for payment of health care costs of individuals with diseases
        attributable to the use of tobacco products.
            ``(2) Disclosure of estimate methodology.--The Director of
        the Centers for Disease Control and Prevention shall publish in
        the Federal Register all relevant documentation considered and
        the methodology used in making the estimate described in
        paragraph (1).
            ``(3) Report in budget.--The President shall include the
        estimate described in paragraph (1) in the budget for the
        fiscal year.
    ``(c) Market Share Percentage.--
            ``(1) In general.--Not later than July 1, the Secretary
        shall determine and publish the market share percentage for the
        preceding calendar year for each manufacturer of tobacco
        products by determining such manufacturer's percentage share of
        the total amount of tobacco products sold in the United States
        during such calendar year.
            ``(2) Information.--Not later than April 1, each
        manufacturer of tobacco products shall furnish to the Secretary
        such information as the Secretary may require to determine any
        market share percentage under this subsection for the preceding
        calendar year.
    ``(d) Payment of Contributions.--The annual contribution under
subsection (a) for any fiscal year shall be payable in 12 monthly
installments, due on the twenty-fifth day of each calendar month in the
fiscal year.
    ``(e) Enforcement.--For penalties and other general and
administrative provisions applicable to this section, see subtitle F.
    ``(f) Manufacturer of Tobacco Products.--For purposes of this
section, the term `manufacturer of tobacco products' has the meaning
given such term by section 5702(d).''
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

Output:
Medicare/Medicaid Solvency Act - Amends the Internal Revenue Code to establish in the Treasury the Tobacco Product Health Care Cost Reimbursement Trust Fund.  Directs the Secretary of the Treasury to:  (1) distribute amounts in the Fund to each Secretary responsible for the expenditure of Federal funds for that fiscal year (beginning with FY 1997) under titles XXVIII (Medicare) and XIX (Medicaid) of the Social Security Act or any other Federal program for the payment of health care costs for individuals with diseases attributable to the use of tobacco products; and (2) pay administrative expenses of the Fund.
Requires each manufacturer of tobacco products to pay to the Fund an annual contribution based on the total amount of tobacco-related Federal health care costs in proportion to that manufacturer's share of the tobacco market.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Vehicles Incentive Act of
2013''.

SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
              NONATTAINMENT AREAS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
              NONATTAINMENT AREAS.

    ``(a) In General.--For purposes of section 38, in the case of an
eligible business the clean-fuel credit determined under this section
for the taxable year is the sum of--
            ``(1) the clean-fuel property credit, plus
            ``(2) the clean-burning fuel use credit.
    ``(b) Clean-Fuel Property Credit.--
            ``(1) In general.--The clean-fuel property credit is the
        sum of--
                    ``(A) qualified vehicle property costs, plus
                    ``(B) qualified refueling property costs.
            ``(2) Qualified vehicle property costs.--
                    ``(A) In general.--For purposes of paragraph (1),
                the term `qualified vehicle property costs' means the
                amount paid or incurred by the eligible business for
                qualified clean-fuel vehicle property which is placed
                in service during the taxable year by the eligible
                business and substantially all of the use of which is
                in a nonattainment area.
                    ``(B) Limitation.--The amount which may be taken
                into account under subparagraph (A) with respect to any
                motor vehicle shall not exceed--
                            ``(i) $8,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        not more than 8,500 pounds,
                            ``(ii) $20,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        more than 8,500 pounds but not more than 14,000
                        pounds,
                            ``(iii) $40,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        more than 14,000 pounds but not more than
                        26,000 pounds, and
                            ``(iv) $80,000, in the case of a motor
                        vehicle with a gross vehicle weight rating of
                        more than 26,000 pounds.
                    ``(C) Qualified clean-fuel vehicle property.--The
                term `qualified clean-fuel vehicle property' shall have
                the meaning given to such term by section 179A(c)
                (without regard to paragraphs (1)(A) and (3) thereof),
                except that such term does not include property that is
                a motor vehicle propelled by a fuel that is not a
                clean-burning fuel.
            ``(3) Qualified refueling property costs.--
                    ``(A) In general.--For purposes of paragraph (1),
                the term `qualified refueling property costs' means
                amounts paid or incurred by the eligible business for
                qualified clean-fuel vehicle refueling property (as
                defined by section 179A(d)) which is placed in service
                in a nonattainment area during the taxable year by the
                eligible business.
                    ``(B) Limitation.--
                            ``(i) In general.--The aggregate cost which
                        may be taken into account under subparagraph
                        (A) with respect to qualified clean-fuel
                        vehicle refueling property placed in service by
                        the eligible business during the taxable year
                        at a location shall not exceed the lesser of--
                                    ``(I) $150,000, or
                                    ``(II) the cost of such property
                                reduced by the amount described in
                                clause (ii).
                            ``(ii) Reduction for amounts previously
                        taken into account.--For purposes of clause
                        (i)(II), the amount described in this clause is
                        the sum of--
                                    ``(I) the aggregate amount taken
                                into account under paragraph (1)(B) for
                                all preceding taxable years, and
                                    ``(II) the aggregate amount taken
                                into account under section
                                179A(a)(1)(B) by the taxpayer (or any
                                related person or predecessor) with
                                respect to property placed in service
                                at such location for all preceding
                                taxable years.
                            ``(iii) Special rules.--For purposes of
                        this subparagraph, the provisions of
                        subparagraphs (B) and (C) of section 179A(b)(2)
                        shall apply.
    ``(c) Clean-Burning Fuel Use Credit.--
            ``(1) In general.--For purposes of subsection (a), the
        clean-burning fuel use credit is the amount equal to 50 cents
        for each gasoline gallon equivalent of clean-burning fuel used
        by an eligible business during the taxable year to propel
        qualified clean-fuel vehicle property.
            ``(2) Clean-burning fuel.--For purposes of paragraph (1),
        the term `clean-burning fuel' has the meaning given to such
        term by section 179A, except that such term includes compressed
        natural gas and biodiesel (as defined by section 40A(d)(1)).
            ``(3) Gasoline gallon equivalent.--For purposes of
        paragraph (1), the term `gasoline gallon equivalent' means,
        with respect to any clean burning fuel, the amount (determined
        by the Secretary) of such fuel having a Btu content of 114,000.
    ``(d) Other Definitions.--For purposes of this section--
            ``(1) Eligible business.--The term `eligible business'
        means--
                    ``(A) a qualified business entity or a qualified
                proprietorship (as such terms are defined by section
                1397C, determined by substituting `nonattainment area'
                for `empowerment zone' and `enterprise zone' each place
                it appears), and
                    ``(B) a trade or business located outside of a
                nonattainment area, but only with respect to qualified
                clean-fuel vehicle property used substantially within a
                nonattainment area.
            ``(2) Nonattainment area.--The term `nonattainment area'
        shall have the meaning given to such term by section 171 of the
        Clean Air Act (42 U.S.C. 7501).
    ``(e) Denial of Double Benefit.--Except as provided in section
30B(d)(4), no credit shall be allowed under subsection (a) for any
expense for which a deduction or credit is allowed under any other
provision of this chapter.
    ``(f) Recapture.--The Secretary shall, by regulations, provide for
recapturing the benefit under any credit allowable under subsection (a)
with respect to any property substantially all of the use of which is
not in a nonattainment area.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
            ``(37) the clean-fuel credit determined under section
        45S.''.
    (c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
    ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45S.''.
    (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph
(B) of section 38(c)(4) of such Code (relating to specified credits) is
amended by striking ``and'' at the end of clause (viii), by striking
the period at the end of clause (ix) and inserting ``, and'', and by
inserting after clause (ix) the following:
                            ``(x) the credit determined under section
                        45S.''.
    (e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (13), by striking the period at the end of paragraph (14)
and inserting ``, and'', and by adding after paragraph (14) the
following new paragraph:
            ``(15) the clean fuels credit determined under section
        45S.''.
    (f) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45R the following new
item:

``Sec. 45S. Clean-fuel credit with respect to businesses located in
                            nonattainment areas.''.
    (g) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2012.

SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT
              AREAS.

    (a) In General.--Subsection (d) of section 30B of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(4) Vehicles placed in service in nonattainment area
        after 2012.--
                    ``(A) In general.--No amount shall be allowed as a
                credit determined under this subsection for any taxable
                year beginning after 2012 with respect to a new
                qualified hybrid motor vehicle unless such vehicle is
                placed in service by an eligible business and
                substantially all of the use of which is in a
                nonattainment area.
                    ``(B) Recapture.--The Secretary shall, by
                regulations, provide for recapturing the benefit under
                any credit allowable under subsection (a) by reason of
                subparagraph (A) with respect to any property
                substantially all of the use of which is not in a
                nonattainment area.
                    ``(C) Phaseout not to apply.--For purposes of this
                subsection, subsection (f) shall not apply.
                    ``(D) Definitions.--For purposes of this
                subsection, the terms `eligible business' and
                `nonattainment area' have the meanings given such terms
                by section 45S(d).''.
    (b) Extension of Credit for Hybrid Vehicles Placed in Service in
Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is
amended to read as follows:
            ``(3) in the case of a new qualified hybrid motor vehicle
        (as described in subsection (d)(2)(B))--
                    ``(A) December 31, 2009, and before January 1,
                2013, or
                    ``(B) December 31, 2012, and before January 1,
                2018.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2012.

Output: Clean Vehicles Incentive Act of 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts.  Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area.