Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SAFE Transitional License Act''.

SEC. 2. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.

    (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:

``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.

    ``(a) Temporary Authority To Originate Loans for Loan Originators
Moving From a Depository Institution to a Non-Depository Institution.--
            ``(1) In general.--Upon employment by a State-licensed
        mortgage company, an individual who is a registered loan
        originator shall be deemed to have temporary authority to act
        as a loan originator in an application State for the period
        described in paragraph (2) if the individual--
                    ``(A) has not had an application for a loan
                originator license denied, or had such a license
                revoked or suspended in any governmental jurisdiction;
                    ``(B) has not been subject to or served with a
                cease and desist order in any governmental jurisdiction
                or as described in section 1514(c);
                    ``(C) has not been convicted of a felony that would
                preclude licensure under the law of the application
                State;
                    ``(D) has submitted an application to be a State-
                licensed loan originator in the application State; and
                    ``(E) was registered in the Nationwide Mortgage
                Licensing System and Registry as a loan originator
                during the 12-month period preceding the date of
                submission of the information required under section
                1505(a).
            ``(2) Period.--The period described in this paragraph shall
        begin on the date on which the individual submits the
        information required under section 1505(a) and shall end on the
        earliest of--
                    ``(A) the date on which the individual withdraws
                the application to be a State-licensed loan originator
                in the application State;
                    ``(B) the date on which the application State
                denies, or issues a notice of intent to deny, the
                application;
                    ``(C) the date on which the application State
                grants a State license; or
                    ``(D) the date that is 120 days after the date on
                which the individual submits the application, if the
                application is listed on the Nationwide Mortgage
                Licensing System and Registry as incomplete.
    ``(b) Temporary Authority To Originate Loans for State-Licensed
Loan Originators Moving Interstate.--
            ``(1) In general.--A State-licensed loan originator shall
        be deemed to have temporary authority to act as a loan
        originator in an application State for the period described in
        paragraph (2) if the State-licensed loan originator--
                    ``(A) meets the requirements of subparagraphs (A),
                (B), (C), and (D) of subsection (a)(1);
                    ``(B) is employed by a State-licensed mortgage
                company in the application State; and
                    ``(C) was licensed in a State that is not the
                application State during the 30-day period preceding
                the date of submission of the information required
                under section 1505(a) in connection with the
                application submitted to the application State.
            ``(2) Period.--The period described in this paragraph shall
        begin on the date on which the State-licensed loan originator
        submits the information required under section 1505(a) in
        connection with the application submitted to the application
        State and end on the earliest of--
                    ``(A) the date on which the State-licensed loan
                originator withdraws the application to be a State-
                licensed loan originator in the application State;
                    ``(B) the date on which the application State
                denies, or issues a notice of intent to deny, the
                application;
                    ``(C) the date on which the application State
                grants a State license; or
                    ``(D) the date that is 120 days after the date on
                which the State-licensed loan originator submits the
                application, if the application is listed on the
                Nationwide Mortgage Licensing System and Registry as
                incomplete.
    ``(c) Applicability.--
            ``(1) Employer of loan originators.--Any person employing
        an individual who is deemed to have temporary authority to act
        as a loan originator in an application State pursuant to this
        section shall be subject to the requirements of this title and
        to applicable State law to the same extent as if such
        individual was a State-licensed loan originator licensed by the
        application State.
            ``(2) Engaging in mortgage loan activities.--Any individual
        who is deemed to have temporary authority to act as a loan
        originator in an application State pursuant to this section and
        who engages in residential mortgage loan origination activities
        shall be subject to the requirements of this title and to
        applicable State law to the same extent as if such individual
        was a State-licensed loan originator licensed by the
        application State.
    ``(d) Definitions.--In this section, the following definitions
shall apply:
            ``(1) Application state.--The term `application State'
        means a State in which a registered loan originator or a State-
        licensed loan originator seeks to be licensed.
            ``(2) State-licensed mortgage company.--The term `State-
        licensed mortgage company' means an entity licensed or
        registered under the law of any State to engage in residential
        mortgage loan origination and processing activities.''.
    (b) Table of Contents Amendment.--The table of contents in section
1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501
note) is amended by inserting after the item relating to section 1517
the following:

``Sec. 1518. Employment transition of loan originators.''.
    (c) Effective Date.--This section and the amendments made by this
section shall take effect on the date that is 18 months after the date
of enactment of this Act.

Output: SAFE Transitional License Act This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Hate Crimes Hotline Act of
2016''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Nationwide, the number of hate groups in the United
        States increased by 14 percent in 2015 according to the
        Southern Poverty Law Center.
            (2) According to the Federal Bureau of Investigation, of
        the hate crimes in 2015, 59.2 percent of the offenses were
        racially motived, 19.4 percent were motivated by anti-LGBT
        animus, and 19.7 percent targeted religion.
            (3) In 2015, according to the Federal Bureau of
        Investigation, 4,482 individuals were victims of crimes against
        persons, and 57.5 percent of these individuals were victims of
        assault.
            (4) According to the Bureau of Justice Statistics, an
        average of more than 250,000 people a year are victims of hate
        crimes, but most incidents are not reported.

SEC. 3. NATIONAL HATE CRIME HOTLINE AND HATE CRIME INFORMATION AND
              ASSISTANCE WEBSITE.

    (a) In General.--The Attorney General may award one or more grants
to private, nonprofit entities--
            (1) to provide for the establishment and operation of a
        national, toll-free telephone hotline to provide information
        and assistance to victims of hate crimes (hereafter in this
        section referred to as the ``national hate crime hotline'');
        and
            (2) to provide for the establishment and operation of a
        highly secure Internet website to provide that information and
        assistance to such victims (hereafter in this section referred
        to as the ``hate crime information and assistance website'').
    (b) Duration.--A grant under this section may extend over a period
of not more than 5 years.
    (c) Annual Approval.--The provision of payments under a grant
awarded under this section shall be subject to annual approval by the
Attorney General and subject to the availability of appropriations for
each fiscal year to make the payments.
    (d) Hotline Activities.--An entity that receives a grant under this
section for activities described, in whole or in part, in subsection
(a)(1) shall use funds made available through the grant to establish
and operate a national hate crime hotline. In establishing and
operating the hotline, the entity shall--
            (1) contract with a carrier for the use of a toll-free
        telephone line;
            (2) employ, train (including technology training), and
        supervise personnel to answer incoming calls and provide
        counseling and referral services to callers on a 24-hour-a-day
        basis;
            (3) assemble and maintain a current database of information
        relating to services for victims of hate crimes to which
        callers throughout the United States may be referred;
            (4) publicize the national hate crime hotline to potential
        users throughout the United States; and
            (5) be prohibited from asking hotline callers about their
        citizenship status.
    (e) Secure Website Activities.--
            (1) In general.--An entity that receives a grant under this
        section for activities described, in whole or in part, in
        subsection (a)(2) shall use funds made available through the
        grant to provide grants for startup and operational costs
        associated with establishing and operating a hate crime
        information and assistance website.
            (2) Availability.--The hate crime information and
        assistance website shall be available to the entity operating
        the national hate crime hotline.
            (3) Information.--The hate crime information and assistance
        website shall provide accurate information that describes the
        services available to victims of hate crimes, including health
        care and mental health services, social services,
        transportation, and other relevant services.
            (4) Rule of construction.--Nothing in this section shall be
        construed to require any shelter or service provider, whether
        public or private, to be linked to the hate crime information
        and assistance website or to provide information to the
        recipient of the grant described in paragraph (1) or to the
        website.
    (f) Application.--The Attorney General may not award a grant under
this section unless the Attorney General approves an application for
such grant. To be approved by the Attorney General under this
subsection an application shall--
            (1) contain such agreements, assurances, and information,
        be in such form, and be submitted in such manner, as the
        Attorney General shall prescribe through notice in the Federal
        Register;
            (2) in the case of an application for a grant to carry out
        activities described in subsection (a)(1), include a complete
        description of the applicant's plan for the operation of a
        national hate crime hotline, including descriptions of--
                    (A) the training program for hotline personnel,
                including technology training to ensure that all
                persons affiliated with the hotline are able to
                effectively operate any technological systems used by
                the hotline;
                    (B) the hiring criteria for hotline personnel;
                    (C) the methods for the creation, maintenance, and
                updating of a resource database;
                    (D) a plan for publicizing the availability of the
                hotline;
                    (E) a plan for providing service to non-English
                speaking callers, including service through hotline
                personnel who speak Spanish; and
                    (F) a plan for facilitating access to the hotline
                by persons with hearing impairments;
            (3) in the case of an application for a grant to carry out
        activities described in subsection (a)(2)--
                    (A) include a complete description of the
                applicant's plan for the development, operation,
                maintenance, and updating of information and resources
                of the hate crime information and assistance website;
                    (B) include a certification that the applicant will
                implement a high level security system to ensure the
                confidentiality of the website, taking into
                consideration the safety of hate crime victims; and
                    (C) include an assurance that, after the third year
                of the website project, the recipient of the grant will
                develop a plan to secure other public or private
                funding resources to ensure the continued operation and
                maintenance of the website;
            (4) demonstrate that the applicant has recognized expertise
        in the area of hate crimes and a record of high quality service
        to victims of hate crimes, including a demonstration of support
        from advocacy groups;
            (5) demonstrate that the applicant has a commitment to
        diversity, and to the provision of services to ethnic, racial,
        religious, and non-English speaking minorities, in addition to
        older individuals, individuals with disabilities, and
        individuals of various gender, gender identity, and sexual
        orientation; and
            (6) contain such other information as the Attorney General
        may require.
    (g) Hate Crime Defined.--For purposes of this Act, the term ``hate
crime'' means a crime in which the defendant intentionally selects a
victim, or in the case of a property crime, the property that is the
object of the crime, because of the actual or perceived race, color,
religion, national origin, ethnicity, gender, gender identity,
disability, sexual orientation, perceived sexual identification, or
perceived gender identity of any person.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $3,500,000 for each of fiscal years 2017
        through 2021.
            (2) Website.--Of the amounts appropriated pursuant to
        paragraph (1) for a year, not less than 10 percent shall be
        used for purposes of carrying out subsection (a)(2).
            (3) Availability.--Funds authorized to be appropriated
        under paragraph (1) may remain available until expended.

SEC. 4. LOCAL LAW ENFORCEMENT EDUCATION AND TRAINING GRANT PROGRAM.

    (a) In General.--The Attorney General may award grants to eligible
State and local law enforcement entities for educational and training
programs on solving hate crimes (as defined in section 1(g)) and
establishing community dialogues with groups whose members are at-risk
of being victims of such hate crimes.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local law enforcement entity must be in
compliance with reporting requirements applicable to such entity
pursuant to the Hate Crimes Statistics Act (28 U.S.C. 534 note).
    (c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2017 and each succeeding fiscal year.

SEC. 5. LOCAL RESOURCES TO COMBAT HATE CRIMES GRANT PROGRAM.

    (a) In General.--The Attorney General shall establish a grant
program within the Office for Victims of Crime in the Office of Justice
Programs, under which the Attorney General may award grants to local
community-based organizations, nonprofit organizations, and faith-based
organizations to establish or expand local programs and activities that
serve targeted areas and that provide legal, health (including physical
and mental health), and other support services to victims of hate
crimes (as defined in section 1(g)). Grant funds may be used for
activities including hiring counselors and providing training,
resources, language support services, and information to such victims.
    (b) Targeted Area Defined.--For purposes of this section, the term
``targeted area'' means an area with a demonstrated lack of resources,
as determined by the Attorney General, for victims of hate crimes.
    (c) Funding Restriction.--None of the funds from a grant made under
this section may be used--
            (1) by an organization that discriminates against an
        individual on the basis of religion; or
            (2) for purposes of promoting religious beliefs or views.
    (d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as are necessary for
fiscal year 2017 and each succeeding fiscal year.

Output: National Hate Crimes Hotline Act of 2016 This bill authorizes the Department of Justice (DOJ) to award grants to: (1) private, nonprofit entities to establish and operate a national, toll-free telephone hotline and an Internet website to assist victims of hate crimes; and (2) state and local law enforcement entities for educational and training programs on solving hate crimes and establishing dialogues with members of at-risk communities. Additionally, the bill directs DOJ to establish a grant program for local organizations to establish or expand programs that provide services to victims of hate crimes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dietary Supplement Full
Implementation and Enforcement Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Each year, more than 150,000,000 Americans regularly
        consume dietary supplements to maintain and improve their
        health.
            (2) Consumer expenditures on dietary supplements exceeded
        $25,000,000,000 in 2008.
            (3) Given the growing awareness of the importance of
        prevention and wellness in the health care system of the United
        States, it is vital that laws governing the safety of, and
        education about, dietary supplements be fully implemented and
        enforced.
            (4) In 1994, Congress approved, and the President signed
        into law, the Dietary Supplement Health and Education Act of
        1994 (Public Law 103-417) (referred to in this Act as
        ``DSHEA''). DSHEA balanced the importance of continuing
        consumer access to vitamins, minerals, and other dietary
        supplements, promoting scientific research on the benefits and
        risks of dietary supplements, and fostering public education on
        the benefits and risks of supplement use with the need for
        regulatory safeguards to protect consumer health, including a
        new standard for safety, penalties for mislabeled or
        adulterated dietary supplements, rules to ensure scientific
        substantiation of the claims made regarding dietary
        supplements, and a notification requirement to the Food and
        Drug Administration before dietary supplements that contain
        certain new dietary ingredients may be marketed.
            (5) DSHEA requires that claims made on dietary supplement
        labels, packaging, and accompanying material be truthful, non-
        misleading, and substantiated. Manufacturers are prohibited
        from making claims that products are intended to diagnose,
        treat, mitigate, cure, or prevent a disease.
            (6) DSHEA requires that dietary supplements comply with
        good manufacturing practice (referred to in this section as
        ``GMP'') requirements, and authorizes the Food and Drug
        Administration to establish such requirements.
            (7) In 2007, after many years of delay, the Food and Drug
        Administration published regulations detailing the GMP
        requirements for dietary supplements, including requirements
        for identity, purity, strength, sanitary conditions, and
        recordkeeping. The Food and Drug Administration began to
        enforce those requirements in 2008.
            (8) DSHEA requires that, before marketing a dietary
        supplement containing certain new dietary ingredients, the
        manufacturer or distributor must submit notice to the Food and
        Drug Administration that includes information showing that the
        dietary supplement will reasonably be expected to be safe.
        According to the Food and Drug Administration, the Food and
        Drug Administration has raised objections to more than 70
        percent of all new dietary ingredient notifications submitted
        to the agency.
            (9) The Food and Drug Administration has successfully used
        the adulteration provisions of DSHEA to remove from the
        marketplace dietary supplements that present an unreasonable
        risk of injury or illness.
            (10) In 2002, Congress passed the Public Health Security
        and Bioterrorism Preparedness and Response Act (Public Law 107-
        188). This law requires any facility engaged in manufacturing,
        processing, packing, or holding food for consumption in the
        United States, including dietary supplements, to be registered
        with the Food and Drug Administration.
            (11) In 2006, Congress supplemented DSHEA by approving the
        Dietary Supplement and Nonprescription Drug Consumer Protection
        Act (Public Law 109-462). This law requires dietary supplement
        manufacturers, packers, and distributors to report promptly to
        the Food and Drug Administration any reports the manufacturer
        or other responsible person receives of serious adverse events
        associated with the use of the products of such manufacturer or
        other responsible person. Information the Food and Drug
        Administration receives under this reporting requirement may
        help the agency detect possible safety problems related to
        dietary supplement products or ingredients.
            (12) DSHEA created the Office of Dietary Supplements within
        the National Institutes of Health to expand research and
        consumer information about the health effects of dietary
        supplements. The Office of Dietary Supplements has greatly
        expanded the number of scientific studies of dietary
        supplements and the availability of reliable information to
        consumers.
            (13) While the Food and Drug Administration has taken some
        important steps to implement and enforce DSHEA and the other
        laws governing the regulation of dietary supplements, the
        agency has not fully implemented and enforced DSHEA and the
        other laws governing the regulation of dietary supplements.
            (14) Both the public and regulated industry would benefit
        from more guidance from the Food and Drug Administration on the
        procedures and definitions concerning the regulation of new
        dietary ingredients under section 413 of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 350b).
            (15) If the Food and Drug Administration determines that a
        product labeled as a dietary supplement includes an anabolic
        steroid or an analogue of an anabolic steroid, the Food and
        Drug Administration does not systematically notify the Drug
        Enforcement Administration of that determination.
            (16) The Food and Drug Administration needs adequate
        resources to implement and enforce DSHEA and other laws
        governing the regulation of dietary supplements appropriately.
        Congress has appropriated additional funds over the last
        several years to implement and enforce DSHEA, reaching more
        than $14,000,000 for fiscal year 2009.
            (17) According to the Food and Drug Administration, full
        implementation of DSHEA and the other laws governing the
        regulation of dietary supplements would require substantial
        additional resources. In 2002, the Food and Drug Administration
        reported to Congress in writing that the agency would need
        between $24,000,000 and $65,000,000 per year to fully implement
        DSHEA.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that:
            (1) The Food and Drug Administration should increase
        efforts to implement DSHEA more fully and effectively, by--
                    (A) providing Congress with a professional judgment
                estimate of the annual costs during the 5-year period
                beginning on the date of enactment of this Act to fully
                implement and enforce DSHEA and other dietary
                supplement laws and regulations under the jurisdiction
                of the Food and Drug Administration;
                    (B) conducting inspections, using appropriately
                trained inspection personnel, of all facilities in
                which a dietary supplement is manufactured, processed,
                packed, or held to ensure compliance with the new
                dietary supplement good manufacturing practices
                regulations;
                    (C) using the authority under DSHEA to protect the
                public from unsafe dietary supplement products and
                ingredients and to ensure that claims made are
                truthful, non-misleading, and substantiated, with
                highest regulatory priority given to cases of clear
                violations of the law (including the intentional
                adulteration and spiking of products);
                    (D) implementing the recommendations contained in
                the January 2009 report of the Government
                Accountability Office, entitled, ``Dietary Supplements:
                FDA Should Take Further Actions To Improve Oversight
                and Consumer Understanding'', (GAO 09-250) that the
                Food and Drug Administration--
                            (i) require all dietary supplement
                        manufacturers, packers, and distributors to
                        identify themselves specifically as such under
                        existing registration requirements and to
                        update such information annually;
                            (ii) promptly issue guidance to clarify
                        when a dietary supplement ingredient is a new
                        dietary ingredient, the evidence needed to
                        document the safety of new dietary ingredients,
                        and appropriate methods for establishing the
                        identity of a new dietary ingredient; and
                            (iii) coordinate with stakeholder groups
                        involved in consumer outreach to identify,
                        implement, and evaluate the effectiveness of
                        additional mechanisms for educating consumers
                        about the safety, efficacy, and labeling of
                        dietary supplements; and
                    (E) notifying the Drug Enforcement Administration
                if the Food and Drug Administration determines that the
                information in a new dietary ingredient notification
                submitted under section 413 of the Federal Food, Drug,
                and Cosmetic Act (21 U.S.C. 350b) is inadequate to
                establish that the new dietary ingredient will
                reasonably be expected to be safe, because the dietary
                supplement may contain an anabolic steroid or an
                analogue of an anabolic steroid.
            (2) The manufacturers, packers, retailers, and distributors
        of dietary supplements and dietary supplement ingredients
        should increase efforts to--
                    (A) comply fully with all requirements of DSHEA and
                the Dietary Supplement and Nonprescription Drug
                Consumer Protection Act;
                    (B) cooperate fully and appropriately with the Food
                and Drug Administration in implementation and
                enforcement of Federal laws and regulations; and
                    (C) provide the Food and Drug Administration with
                appropriate input on known and suspected violations of
                such laws and regulations.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND ALLOCATION OF RESOURCES.

    (a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994, the amendments made by such Act, and other provisions
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
that apply to dietary supplements, $30,000,000 for fiscal year 2011 and
such sums as may be necessary for each of fiscal years 2012 through
2014.
    (b) Allocation of Funds for Fiscal Year 2010.--From funds
appropriated to the Food and Drug Administration for fiscal year 2010
for the purpose of enhancing food safety, not less than $20,000,000
shall be expended to effectively and fully implement and enforce the
Dietary Supplement Health and Education Act of 1994, the amendments
made by such Act, and other provisions under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.) that apply to dietary
supplements.
    (c) Office of Dietary Supplements.--There are authorized to be
appropriated for expanded research and development of consumer
information on dietary supplements by the Office of Dietary Supplements
at the National Institutes of Health--
            (1) $40,000,000 for fiscal year 2010; and
            (2) such sums as may be necessary for each of the fiscal
        years 2011 through 2014.

SEC. 5. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
              SUPPLEMENTS.

    (a) In General.--Not later than January 31, 2011, and annually
thereafter, the Secretary of Health and Human Services shall submit a
report to Congress on the implementation and enforcement of the Dietary
Supplement Health and Education Act of 1994 and the amendments made by
such Act.
    (b) Contents.--The report under subsection (a) shall include the
following:
            (1) The total funding and number of full-time equivalent
        personnel in the Food and Drug Administration dedicated to
        dietary supplement regulation during the prior fiscal year.
            (2) The total funding and number of full-time equivalent
        personnel in the Food and Drug Administration dedicated to
        administering adverse event reporting systems, as such systems
        relate to dietary supplement regulation, during the prior
        fiscal year.
            (3) The total funding and number of full-time equivalent
        personnel in the Food and Drug Administration dedicated to
        enforcement of dietary supplement labeling and claims
        requirements during the prior fiscal year and a brief
        explanation of the activities of such personnel.
            (4) The total funding and number of full-time equivalent
        personnel in the Food and Drug Administration dedicated to the
        review and enforcement of good manufacturing practice
        requirements with respect to dietary supplements during the
        prior fiscal year.
            (5) The number of inspections at which the Food and Drug
        Administration evaluated or reviewed the compliance of a
        manufacturer with good manufacturing practices for dietary
        supplements during the prior fiscal year, and the number of
        times the Food and Drug Administration issued a warning letter
        because it determined that such manufacturer was not in
        compliance with some aspect of such requirements.
            (6) The number of new dietary ingredient notification
        reviews that the Food and Drug Administration performed during
        the prior fiscal year and the number of times the Food and Drug
        Administration objected to the marketing of the dietary
        supplement described in such notification reviews.
            (7) The number of times the Food and Drug Administration
        issued a warning letter or initiated an enforcement action
        against a manufacturer or distributor for failure to file a new
        dietary ingredient notification as required under section 413
        of the Federal Food, Drug, and Cosmetic Act.
            (8) A brief summary and explanation of all enforcement
        actions taken by the Food and Drug Administration and the
        Department of Health and Human Services related to dietary
        supplements during the prior fiscal year, including the number
        and type of actions.
            (9) The number of times the Food and Drug Administration
        requested substantiation of dietary supplement claims from a
        manufacturer during the prior fiscal year, the number of times
        a manufacturer refused to provide such information, and the
        response of the agency in such situations.
            (10) The number of dietary supplement claims determined by
        the Food and Drug Administration during the prior fiscal year
        to be false, misleading, or not substantiated, and a
        description of the follow-up action taken by the agency in such
        instances.
            (11) The research and consumer education activities
        supported by the Office of Dietary Supplements of the National
        Institutes of Health during the prior fiscal year.
            (12) Any recommendations for administrative or legislative
        actions to improve the regulation of dietary supplements.
            (13) Any other information regarding the regulation of
        dietary supplements determined appropriate by the Secretary of
        Health and Human Services or the Commissioner of Food and
        Drugs.

SEC. 6. NEW DIETARY INGREDIENTS.

    (a) Guidelines for Introducing New Dietary Ingredients.--Section
413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is
amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following:
    ``(c) Guidelines.--Not later than 180 days after the date of
enactment of the Dietary Supplement Full Implementation and Enforcement
Act of 2010, the Secretary shall publish guidance that clarifies when a
dietary supplement ingredient is a new dietary ingredient, when the
manufacturer or distributor of a dietary ingredient or dietary
supplement should provide the Secretary with information as described
in subsection (a)(2), the evidence needed to document the safety of new
dietary ingredients, and appropriate methods for establishing the
identity of a new dietary ingredient.
    ``(d) Notification to DEA.--
            ``(1) In general.--If the Secretary determines that the
        information in a new dietary ingredient notification submitted
        under this section for an article purported to be a new dietary
        ingredient is inadequate to establish that a dietary supplement
        containing such article will reasonably be expected to be safe
        because the article may be, or may contain, an anabolic steroid
        or an analogue of an anabolic steroid, the Secretary shall
        notify the Drug Enforcement Administration of such
        determination. Such notification by the Secretary shall
        include, at a minimum, the name of the product or article, the
        name of the person or persons who marketed the product or made
        the submission of information regarding the article to the
        Secretary under this section, and any contact information for
        such person or persons that the Secretary has.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) the term `anabolic steroid' has the meaning
                given such term in section 102(41) of the Controlled
                Substances Act; and
                    ``(B) the term `analogue of an anabolic steroid'
                means a substance whose chemical structure is
                substantially similar to the chemical structure of an
                anabolic steroid.''.

Output:
Dietary Supplement Full Implementation and Enforcement Act of 2010 - Authorizes appropriations for FY2011-FY2014 to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and other provisions under the Federal Food, Drug, and Cosmetic Act (FFDCA) that apply to dietary supplements.

Requires the allocation of funds appropriated to the Food and Drug Administration (FDA) for FY2010 for the purpose of enhancing food safety to be expended to effectively and fully implement and enforce DSHEA and other FFDCA provisions that apply to dietary supplements.

Authorizes appropriations for FY2010-FY2014 for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH).

Requires the Secretary of Health and Human Services (HHS) to report to Congress annually on the implementation and enforcement of DSHEA and its amendments.

Amends the FFDCA to require the Secretary to publish guidance that clarifies when a dietary supplement ingredient is a new dietary ingredient, when the manufacturer or distributor of a dietary ingredient or dietary supplement should provide the Secretary with safety information, the evidence needed to document the safety of new dietary ingredients, and appropriate methods for establishing the identity of a new dietary ingredient.

Requires the Secretary to notify the Drug Enforcement Agency (DEA) if information in a new dietary ingredient notification is inadequate to establish that a dietary supplement containing such ingredient will reasonably be expected to be safe because the ingredient may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Contractor Clarification
Act of 1999''.

SEC. 2. DETERMINATION OF EMPLOYEE AND EMPLOYER STATUS.

    (a) In General.--Subsection (c) of section 7701 of the Internal
Revenue Code of 1986 is amended to read as follows:
    ``(c) Employee and Employer.--
            ``(1) In general.--For purposes of this title, except as
        otherwise expressly provided in this title--
                    ``(A) an individual (hereinafter in this subsection
                referred to as the `service provider') performing
                services for another person (hereinafter in this
                subsection referred to as the `service recipient')
                shall be treated as an employee of the service
                recipient, and
                    ``(B) the service recipient shall be treated as the
                employer of such service provider,
        unless the requirements of each of the subparagraphs of
        paragraph (3) have been satisfied.
            ``(2) Repeal of common law tests.--The rules of this
        subsection shall apply in lieu of any common law rules which
        would otherwise apply.
            ``(3) Requirements.--
                    ``(A) Lack of control by service recipient.--The
                requirements of this subparagraph are met only if the
                service provider has the right, to the exclusion of the
                service recipient, to control and direct the manner of,
                and the means used in, the service provider's
                performance of services for the service recipient.
                    ``(B) Availability of service to others.--The
                requirements of this subparagraph are met only if the
                service provider--
                            ``(i) makes substantially similar services
                        available to others, and
                            ``(ii) is not precluded by the service
                        recipient from soliciting business
                        opportunities that involve providing
                        substantially similar services for other
                        persons during the period that the service
                        provider is providing services for the service
                        recipient.
                    ``(C) Entrepreneurial risk.--The requirements of
                this subparagraph are met only if--
                            ``(i) in the service provider's overall
                        business activities, the service provider has
                        the potential to generate profit and bears risk
                        of loss and the extent to which profit is
                        generated or loss is sustained depends on the
                        service provider's efforts and decisions other
                        than as to the amount of work performed, and
                            ``(ii) in the event the service provider
                        fails to perform the work in accordance with
                        the service recipient's requirements, the
                        service provider is either subject to liability
                        to the service recipient for damages arising
                        from claims sounding in contract or would be
                        subject to such liability but for a waiver by
                        the service recipient.
            ``(4) Person.--For purposes of this subsection, the term
        `person' includes any governmental unit (and any agency or
        instrumentality thereof).''
    (b) Repeal of Section 530 of Revenue Act of 1978.--Section 530 of
the Revenue Act of 1978 is hereby repealed.
    (c) Conforming Amendments.--
            (1) Paragraph (2) of section 3121(d) of such Code is
        amended to read as follows:
            ``(2) any individual who is treated as an employee under
        section 7701(c); or''.
            (2) Paragraph (2) of section 210(j) of the Social Security
        Act is amended to read as follows:
            ``(2) any individual who is treated as an employee under
        section 7701(c) of the Internal Revenue Code of 1986; or''.
            (3) Subsection (a) of section 7701 of such Code is amended
        by inserting after paragraph (33) the following new paragraph:
            ``(34) Includes and including.--The terms `includes' and
        `including' when used in a definition contained in this title
        shall not be deemed to exclude other things otherwise within
        the meaning of the term defined.''
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to services
        performed after December 31, 2000.
            (2) Repeal of limitations on regulations and rulings.--The
        repeal made by subsection (b), insofar as it relates to section
        530(b) of the Revenue Act of 1978, shall take effect on the
        date of the enactment of this Act; except that regulations and
        Revenue Rulings permitted to be issued by reason of such repeal
        may not apply to services performed before January 1, 2001.

SEC. 3. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX RECLASSIFICATIONS.

    (a) General Rule.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions applicable to employment taxes) is
amended by adding at the end the following new section:

``SEC. 3511. LIMITATIONS ON RETROACTIVE EMPLOYMENT TAX
              RECLASSIFICATIONS.

    ``(a) General Rule.--If--
            ``(1) for purposes of employment taxes, the taxpayer treats
        an individual as not being an employee for any period after
        December 31, 2000, and
            ``(2) for such period, the taxpayer meets--
                    ``(A) the consistency requirements of subsection
                (b),
                    ``(B) the return filing requirements of subsection
                (c), and
                    ``(C) the safe harbor requirement of subsection
                (d),
for purposes of applying this subtitle for such period, the individual
shall be deemed not to be an employee of the taxpayer for such period.
The preceding sentence shall cease to apply to periods beginning more
than 60 days after the date that the Secretary notifies the taxpayer in
writing of a final administrative determination that the taxpayer
should treat such individual (or any individual holding a substantially
similar position) as an employee.
    ``(b) Consistency Requirements.--A taxpayer meets the consistency
requirements of this subsection with respect to any individual for any
period if the taxpayer treats such individual (and all other
individuals holding substantially similar positions) as not being an
employee for purposes of the employment taxes for such period and all
prior periods after December 31, 1978.
    ``(c) Return Filing Requirements.--The taxpayer meets the return
filing requirements of this subsection with respect to any individual
for any period if all Federal tax returns (including information
returns) required to be filed by the taxpayer for such period with
respect to such individual are filed on a basis consistent with the
taxpayer's treatment of such individual as not being an employee.
    ``(d) Safe Harbors.--
            ``(1) In general.--The taxpayer meets the safe harbor
        requirement of this subsection with respect to any individual
        for any period if the taxpayer establishes that its treatment
        of such individual as not being an employee for such period
        was--
                    ``(A) in reasonable reliance on a written
                determination (as defined in section 6110(b)(1)) issued
                to the taxpayer that addressed the employment status of
                the individual or an individual holding a substantially
                similar position with the taxpayer;
                    ``(B) in reasonable reliance on a concluded
                Internal Revenue Service audit of the taxpayer in which
                the employment status of the individual or any
                individual holding a substantially similar position
                with the taxpayer was examined and the taxpayer was
                notified in writing that no change would be made to
                such individual's employment status; or
                    ``(C) supported by substantial authority.
        For purposes of subparagraph (C), the term `substantial
        authority' has the same meaning as when used in section
        6662(d)(2)(B)(i); except that such term shall not include (i)
        any private letter ruling issued to a person other than the
        taxpayer, and (ii) any authority that does not address the
        employment status of individuals holding positions
        substantially similar to that of the individual.
            ``(2) Special rules.--
                    ``(A) Application to pre-2001 determinations,
                etc.--Paragraph (1) shall apply without regard to
                whether the determination, audit, or the authority
                referred to therein was before January 1, 2001.
                    ``(B) Subsequent authority.--The taxpayer shall not
                be considered to meet the safe harbor requirement of
paragraph (1) with respect to any individual for any period if the
treatment of such individual as not being an employee is inconsistent
with any regulation, Revenue Ruling, Revenue Procedure, or other
authority--
                            ``(i) which is published by the Secretary
                        at least 60 days before the beginning of such
                        period and after the date of the determination,
                        the conclusion of the audit, or the substantial
                        authority referred to in paragraph (1), and
                            ``(ii) which applies to the type of
                        services performed by such individual or the
                        industry or business in which such services are
                        performed.
            ``(3) Transitional rule.--Except as provided in paragraph
        (2)(B), the taxpayer shall be considered to meet the safe
        harbor requirement of paragraph (1) with respect to services
        performed by an individual during 2001 or 2002 if the taxpayer
        would be treated under section 530 of the Revenue Act of 1978
        (as in effect on the day before the date of the enactment of
        this section) as having a reasonable basis for not treating
        such individual as an employee.
    ``(e) Other Special Rules.--
            ``(1) Notice.--An officer or employee of the Internal
        Revenue Service shall, before or at the commencement of any
        audit inquiry relating to the employment status of one or more
        individuals who perform services for the taxpayer, provide the
        taxpayer with a written notice of the provisions of this
        section.
            ``(2) Availability of safe harbors.--Nothing in this
        section shall be construed to provide that this section only
        applies where the individual involved is otherwise an employee
        of the taxpayer.
    ``(f) Definitions and Special Rules.--For purposes of this
section--
            ``(1) Employment tax.--The term `employment tax' means any
        tax imposed by this subtitle.
            ``(2) Employment status.--The term `employment status'
        means the status of an individual as an employee or as an
        independent contractor (or other individual who is not an
        employee).
            ``(3) Taxpayer.--The term `taxpayer' includes any person or
        entity (including a governmental entity) which is (or would be
        but for this section) liable for any employment tax. Such term
        includes any predecessor or successor to the taxpayer.
            ``(4) Substantially similar position.--The determination as
        to whether an individual holds a position substantially similar
        to a position held by another individual shall include
        consideration of the relationship between the taxpayer and such
        individuals.
    ``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section.''
    (b) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:

                              ``Sec. 3511. Limitations on retroactive
                                        employment tax
                                        reclassifications.''
    (c) Effective Date.--The amendments made by this section shall
apply to all periods beginning after December 31, 2000.

SEC. 4. STATUTE OF LIMITATIONS ON ASSESSMENT OF EMPLOYMENT TAXES TO RUN
              BEGINNING ON DATE CERTAIN INFORMATION RETURNS FILED.

    (a) In General.--Subsection (b) of section 6501 of the Internal
Revenue Code of 1986 (relating to limitations on assessment and
collection) is amended by adding at the end the following new
paragraph:
            ``(5) Certain information returns to begin limitation
        periods on employment taxes.--For purposes of this section,
        if--
                    ``(A) a return is filed under section 6041 or 6041A
                which specifies an amount of payments made to any
                individual for services performed by such individual,
                and
                    ``(B) such payments are not taken into account in
                determining the taxes imposed by chapters 21 and 24,
        then, notwithstanding the last sentence of subsection (a), such
        return shall be treated as the return referred to in subsection
        (a) for purposes of determining the period of limitations with
        respect to such taxes on such services.''
    (b) Effective Date.--The amendment made by this section shall apply
to payments made after December 31, 2000.

Output:
Sets forth restrictions on retroactive employment tax reclassifications, including safe harbor requirements.
Provides that the statute of limitations on assessment of employment taxes shall run beginning on the date certain information returns (specifying payments to an individual for services performed where the payments are not taken into account in determining such taxes) are filed.


Input:
SECTION 1. SHORT TITLE; COORDINATION WITH TAXPAYER RELIEF ACT OF 1997.

    (a) Short Title.--This Act may be cited as the ``Higher Education
Affordability and Availability Act''.
    (b) Coordination With Taxpayer Relief Act of 1997.--Any reference
in this Act to any section of the Internal Revenue Code of 1986 amended
or added by the Taxpayer Relief Act of 1997 shall be a reference to
such section as so amended or added.

SEC. 2. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM
              QUALIFIED TUITION PROGRAMS; COVERAGE OF PRIVATE PROGRAMS.

    (a) Exclusion.--
            (1) In general.--Subparagraph (B) of section 529(c)(3) of
        the Internal Revenue Code of 1986 (relating to distributions)
        is amended to read as follows:
                    ``(B) Distributions for qualified higher education
                expenses.--If a distributee elects the application of
                this subparagraph for any taxable year--
                            ``(i) no amount shall be includible in
                        gross income by reason of a distribution which
                        consists of providing a benefit to the
                        distributee which, if paid for by the
                        distributee, would constitute payment of a
                        qualified higher education expense, and
                            ``(ii) the amount which (but for the
                        election) would be includible in gross income
                        by reason of any other distribution shall not
                        be so includible in an amount which bears the
                        same ratio to the amount which would be so
                        includible as the amount of the qualified
                        higher education expenses of the distributee
                        bears to the amount of the distribution.''
            (2) Additional tax on amounts not used for higher education
        expenses.--Section 529 of such Code is amended by adding at the
        end the following new subsection:
    ``(f) Additional Tax for Distributions Not Used for Educational
Expenses.--
            ``(1) In general.--The tax imposed by section 530(d)(4)
        shall apply to payments and distributions from qualified
        tuition programs in the same manner as such tax applies to
        education individual retirement accounts.
            ``(2) Excess contributions returned before due date of
        return.--Paragraph (1) shall not apply to the distribution to a
        contributor of any contribution paid during a taxable year to a
        qualified tuition program to the extent that such contribution
        exceeds the limitation in section 4973(e) if such distribution
        (and the net income with respect to such excess contribution)
        meets requirements comparable to the requirements of clauses
        (i) and (ii) of section 530(d)(4)(C).''
            (3) Coordination with education credits.--Section 25A(e)(2)
        of such Code is amended by inserting ``529(c)(3)(B) or'' before
        ``530(d)(2)''.
            (4) Effective date.--The amendments made by this subsection
        shall apply to distributions after December 31, 1997, for
        education furnished in academic periods beginning after such
        date.
    (b) Eligible Educational Institutions Permitted To Maintain
Qualified Tuition Programs.--
            (1) In general.--Paragraph (1) of section 529(b) of such
        Code (defining qualified State tuition program) is amended by
        inserting ``or by one or more eligible educational
        institutions'' after ``maintained by a State or agency or
        instrumentality thereof''.
            (2) Limitation on contributions to qualified tuition
        programs not maintained by a state.--Subsection (b) of section
        529 of such Code is amended by adding at the end the following
        new paragraph:
            ``(8) Limitation on contributions to qualified tuition
        programs not maintained by a state.--In the case of a program
        not maintained by a State or agency or instrumentality thereof,
        such program shall not be treated as a qualified tuition
        program unless it limits the annual contribution to the program
        on behalf of a designated beneficiary to $5,000.''
            (3) Tax on excess contributions.--
                    (A) In general.--Subsection (a) of section 4973 of
                such Code is amended by striking ``or'' at the end of
                paragraph (3), by redesignating paragraph (4) as
                paragraph (5), and by inserting after paragraph (3) the
                following new paragraph:
            ``(4) a qualified tuition program (as defined in section
        529) not maintained by a State or any agency or instrumentality
        thereof, or''.
                    (B) Excess contributions defined.--Section 4973(e)
                of such Code is amended to read as follows:
    ``(e) Excess Contributions to Private Qualified Tuition Program and
Education Individual Retirement Accounts.--For purposes of this
section--
            ``(1) In general.--In the case of private education
        investment accounts maintained for the benefit of any 1
        beneficiary, the term `excess contributions' means the amount
        by which the amount contributed for the taxable year to such
        accounts exceeds $5,000.
            ``(2) Private education investment account.--For purposes
        of paragraph (1), the term `private education investment
        account' means--
                    ``(A) a qualified tuition program (as defined in
                section 529) not maintained by a State or any agency or
                instrumentality thereof, and
                    ``(B) an education individual retirement account
                (as defined in section 530).
            ``(3) Special rules.--For purposes of paragraph (1), the
        following contributions shall not be taken into account:
                    ``(A) Any contribution which is distributed out of
                the education individual retirement account in a
                distribution to which section 530(d)(4)(C) applies.
                    ``(B) Any contribution to a qualified tuition
                program (as so defined) described in section
                530(b)(2)(B) from any such account.
                    ``(C) Any rollover contribution.''
            (4) Conforming amendments.--
                    (A) Paragraph (2) of section 26(b) of such Code is
                amended by redesignating subparagraphs (E) through (Q)
                as subparagraphs (F) through (R), respectively, and by
                inserting after subparagraph (D) the following new
                subparagraph:
                    ``(E) section 529(f) (relating to additional tax on
                certain distributions from qualified tuition
                programs),''.
                    (B) The text and headings of sections 529 and 530
                of such Code are amended by striking ``qualified State
                tuition program'' each place it appears and inserting
                ``qualified tuition program''.
                    (C)(i) The section heading of section 529 of such
                Code is amended to read as follows:

``SEC. 529. QUALIFIED TUITION PROGRAMS.''

                    (ii) The item relating to section 529 of such Code
                in the table of sections for part VIII of subchapter F
                of chapter 1 is amended by striking ``State''.
            (5) Effective date.--The amendments made by this subsection
        shall take effect on January 1, 1998.
    (c) Change of Qualified Tuition Program or of Designated
Beneficiary.--
            (1) In general.--Clause (i) of section 529(c)(3)(C) of such
        Code is amended by inserting ``to another qualified tuition
        program for the benefit of the designated beneficiary or''
        after ``transferred''.
            (2) Inclusion of siblings as member of family.--Paragraph
        (e)(2) of section 529(e) of such Code is amended by inserting
        before the period at the end the following: ``, except that
        such term shall include any sibling (whether by the whole or
        half blood) of the designated beneficiary''.
            (3) Effective date.--The amendments made by this subsection
        shall take effect on January 1, 1998.

Output:
Higher Education Affordability and Availability Act - Amends the Internal Revenue Code (as revised by the Taxpayer Relief Act of 1997) to exclude from income distributions from qualified tuition programs used for qualifying higher education expenses.
Includes within the definition of "qualified State tuition program" programs maintained by eligible educational institutions.  Requires such non-State programs to limit annual contributions on behalf of a designated beneficiary to $5,000.
Sets forth related excess contribution provisions.


Input:
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Puerto Rico
Economic Activity Credit Improvement Act of 1999''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY CREDIT.

    (a) Corporations Eligible To Claim Credit.--Section 30A(a)(2)
(defining qualified domestic corporation) is amended to read as
follows:
            ``(2) Qualified domestic corporation.--For purposes of
        paragraph (1)--
                    ``(A) In general.--A domestic corporation shall be
                treated as a qualified domestic corporation for a
                taxable year if it is actively conducting within Puerto
                Rico during the taxable year--
                            ``(i) a line of business with respect to
                        which the domestic corporation is an existing
                        credit claimant under section 936(j)(9), or
                            ``(ii) an eligible line of business not
                        described in clause (i).
                    ``(B) Limitation to lines of business.--A domestic
                corporation shall be treated as a qualified domestic
                corporation under subparagraph (A) only with respect to
                the lines of business described in subparagraph (A)
                which it is actively conducting in Puerto Rico during
                the taxable year.
                    ``(C) Exception for corporations electing reduced
                credit.--A domestic corporation shall not be treated as
                a qualified domestic corporation if such corporation
                (or any predecessor) had an election in effect under
                section 936(a)(4)(B)(iii) for any taxable year
                beginning after December 31, 1996.''
    (b) Application on Separate Line of Business Basis; Eligible Line
of Business.--Section 30A is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the following new
subsection:
    ``(g) Application on Line of Business Basis; Eligible Lines of
Business.--For purposes of this section--
            ``(1) Application to separate line of business.--
                    ``(A) In general.--In determining the amount of the
                credit under subsection (a), this section shall be
                applied separately with respect to each substantial
                line of business of the qualified domestic corporation.
                    ``(B) Exceptions for existing credit claimant.--
                This paragraph shall not apply to a substantial line of
                business with respect to which the qualified domestic
                corporation is an existing credit claimant under
                section 936(j)(9).
                    ``(C) Allocation.--The Secretary shall prescribe
                rules necessary to carry out the purposes of this
                paragraph, including rules--
                            ``(i) for the allocation of items of
                        income, gain, deduction, and loss for purposes
                        of determining taxable income under subsection
                        (a), and
                            ``(ii) for the allocation of wages, fringe
                        benefit expenses, and depreciation allowances
                        for purposes of applying the limitations under
                        subsection (d).
            ``(2) Eligible line of business.--The term `eligible line
        of business' means a substantial line of business in any of the
        following trades or businesses:
                    ``(A) Manufacturing.
                    ``(B) Agriculture.
                    ``(C) Forestry.
                    ``(D) Fishing.
            ``(3) Substantial line of business.--For purposes of this
        subsection, the determination of whether a line of business is
        a substantial line of business shall be determined by reference
        to 2-digit codes under the North American Industry
        Classification System (62 Fed. Reg. 17288 et seq., formerly
        known as `SIC codes').''
    (c) Repeal of Base Period Cap.--
            (1) In general.--Section 30A(a)(1) (relating to allowance
        of credit) is amended by striking the last sentence.
            (2) Conforming amendment.--Section 30A(e)(1) is amended by
        inserting ``but not including subsection (j)(3)(A)(ii)
        thereof'' after ``thereunder''.
    (d) Application of Credit.--Section 30A(h) (relating to
applicability of section), as redesignated by subsection (b), is
amended by striking ``January 1, 2006'' and inserting ``January 1,
2009''.
    (e) Conforming Amendments.--
            (1) Section 30A(b) is amended by striking ``within a
        possession'' each place it appears and inserting ``within
        Puerto Rico''.
            (2) Section 30A(d) is amended by striking ``possession''
        each place it appears.
            (3) Section 30A(f) is amended to read as follows:
    ``(f) Definitions.--For purposes of this section--
            ``(1) Qualified income taxes.--The qualified income taxes
        for any taxable year allocable to nonsheltered income shall be
        determined in the same manner as under section 936(i)(3).
            ``(2) Qualified wages.--The qualified wages for any taxable
        year shall be determined in the same manner as under section
        936(i)(1).
            ``(3) Other terms.--Any term used in this section which is
        also used in section 936 shall have the same meaning given such
        term by section 936.''
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.

SEC. 3. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY CREDIT.

    (a) Corporations Eligible To Claim Credit.--Section 936(j)(2)(A)
(relating to economic activity credit) is amended to read as follows:
                    ``(A) Economic activity credit.--
                            ``(i) In general.--In the case of a
                        domestic corporation which, during the taxable
                        year, is actively conducting within a
                        possession other than Puerto Rico--
                                    ``(I) a line of business with
                                respect to which the domestic
                                corporation is an existing credit
                                claimant under paragraph (9), or
                                    ``(II) an eligible line of business
                                not described in subclause (I),
                        the credit determined under subsection
                        (a)(1)(A) shall be allowed for taxable years
                        beginning after December 31, 1995, and before
                        January 1, 2002.
                            ``(ii) Limitation to lines of business.--
                        Clause (i) shall only apply with respect to the
                        lines of business described in clause (i) which
                        the domestic corporation is actively conducting
                        in a possession other than Puerto Rico during
                        the taxable year.
                            ``(iii) Exception for corporations electing
                        reduced credit.--Clause (i) shall not apply to
                        a domestic corporation if such corporation (or
                        any predecessor) had an election in effect
                        under subsection (a)(4)(B)(iii) for any taxable
                        year beginning after December 31, 1996.''
    (b) Application on Separate Line of Business Basis; Eligible Line
of Business.--
            (1) In general.--Section 936(j) is amended by adding at the
        end the following new paragraph:
            ``(11) Application on line of business basis; eligible
        lines of business.--For purposes of this section--
                    ``(A) Application to separate line of business.--
                            ``(i) In general.--In determining the
                        amount of the credit under subsection (a)(1)(A)
                        for a corporation to which paragraph (2)(A)
                        applies, this section shall be applied
                        separately with respect to each substantial
                        line of business of the corporation.
                            ``(ii) Exceptions for existing credit
                        claimant.--This paragraph shall not apply to a
                        line of business with respect to which the
                        qualified domestic corporation is an existing
                        credit claimant under paragraph (9).
                            ``(iii) Allocation.--The Secretary shall
                        prescribe rules necessary to carry out the
                        purposes of this subparagraph, including
                        rules--
                                    ``(I) for the allocation of items
                                of income, gain, deduction, and loss
                                for purposes of determining taxable
                                income under subsection (a)(1)(A), and
                                    ``(II) for the allocation of wages,
                                fringe benefit expenses, and
                                depreciation allowances for purposes of
                                applying the limitations under
                                subsection (a)(4)(A).
                    ``(B) Eligible line of business.--For purposes of
                this subsection, the term `eligible line of business'
                means a substantial line of business in any of the
                following trades or businesses:
                            ``(i) Manufacturing.
                            ``(ii) Agriculture.
                            ``(iii) Forestry.
                            ``(iv) Fishing.''
            (2) New lines of business.--Section 936(j)(9)(B) is amended
        to read as follows:
                    ``(B) New lines of business.--A corporation shall
                not be treated as an existing credit claimant with
                respect to any substantial new line of business which
                is added after October 13, 1995, unless such addition
                is pursuant to an acquisition described in subparagraph
(A)(ii).''
            (3) Separate lines of business.--Section 936(j), as amended
        by paragraph (1), is amended by adding at the end the following
        new paragraph:
            ``(12) Substantial line of business.--For purposes of this
        subsection (other than paragraph (9)(B) thereof), the
        determination of whether a line of business is a substantial
        line of business shall be determined by reference to 2-digit
        codes under the North American Industry Classification System
        (62 Fed. Reg. 17288 et seq., formerly known as `SIC codes').''
    (c) Repeal of Base Period Cap for Economic Activity Credit.--
            (1) In general.--Section 936(j)(3) is amended to read as
        follows:
            ``(3) Additional restricted reduced credit.--
                    ``(A) In general.--In the case of an existing
                credit claimant to which paragraph (2)(B) applies, the
                credit determined under subsection (a)(1)(A) shall be
                allowed for any taxable year beginning after December
                31, 1998, and before January 1, 2006, except that the
                aggregate amount of taxable income taken into account
                under subsection (a)(1)(A) for such taxable year shall
                not exceed the adjusted base period income of such
                claimant.
                    ``(B) Coordination with subsection (a)(4)(B).--The
                amount of income described in subsection (a)(1)(A)
                which is taken into account in applying subsection
                (a)(4)(B) shall be such income as reduced under this
                paragraph.''
            (2) Conforming amendments.--
                    (A) Section 936(j)(2)(A), as amended by subsection
                (a), is amended by striking ``2002'' and inserting
                ``2006''.
                    (B) Section 30A(e)(1), as amended by section
                2(c)(2), is amended by striking ``subsection
                (j)(3)(A)(ii)'' and inserting ``the exception under
                subsection (j)(3)(A)''.
    (d) Application of Credit.--
            (1) In general.--Section 936(j)(2)(A), as amended by this
        section, is amended by striking ``January 1, 2006'' and
        inserting ``January 1, 2009''.
            (2) Special rules for applicable possessions.--Section
        936(j)(8)(A) is amended to read as follows:
                    ``(A) In general.--In the case of an applicable
                possession--
                            ``(i) this section (other than the
                        preceding paragraphs of this subsection) shall
                        not apply for taxable years beginning after
                        December 31, 1995, and before January 1, 2006,
                        with respect to any substantial line of
                        business actively conducted in such possession
                        by a domestic corporation which is an existing
                        credit claimant with respect to such line of
                        business, and
                            ``(ii) this section (including this
                        subsection) shall apply--
                                    ``(I) with respect to any
                                substantial line of business not
                                described in clause (i) for taxable
                                years beginning after December 31,
                                1998, and before January 1, 2009, and
                                    ``(II) with respect to any
                                substantial line of business described
                                in clause (i) for taxable years
                                beginning after December 31, 2006, and
                                before January 1, 2009.''
    (e) Effective Dates.--
            (1) In general.--The amendments made by this section shall
        apply to taxable years beginning after December 31, 1998.
            (2) New lines of business.--The amendment made by
        subsection (b)(2) shall apply to taxable years beginning after
        December 31, 1995.

Output:
Puerto Rico Economic Activity Credit Improvement Act of 1999 - Amends the Internal Revenue Code to modify the requirements for corporations to be eligible for the Puerto Rico economic activity credit.  Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation.  Removes provisions limiting, in taxable years beginning after 2001, the aggregate taxable income taken into account in determining the amount of the credit.
Amends provisions relating to the Puerto Rico and possession tax credit to modify, with respect to possessions other than Puerto Rico, corporate eligibility requirements.  Requires that, in determining the credit amount, the credit provisions be applied separately to each substantial line of business of the corporation.  Modifies additional restricted credit requirements.  Sets forth credit rules applicable to Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Defense Science and
Technology Investment Act of 1998''.

SEC. 2. FINDINGS.

    The Congress of the United States finds the following:
            (1) To provide for the national security of the United
        States in the 21st century, the U.S. military must be able to
        dominate the full range of military operations, from
        humanitarian assistance to full-scale conflict. The keys to
        achieving this ``Full Spectrum Dominance,'' as described in the
        Department of Defense's ``Joint Vision 2010,'' are
        technological innovation and information superiority.
            (2) The global spread of advanced technology is
        transforming the military threats faced by the United States
        and will challenge our ability to achieve Full Spectrum
        Dominance. Some of the major technological challenges our
        military face include information warfare; proliferating
        weapons of mass destruction; inexpensive, precise, cruise
        missiles; and increasingly difficult operations in urban
        environments.
            (3) The United States is now in a relatively secure
        interlude in its international relations, but the future
        security environment is very uncertain. Thus, now is the time
        to focus our Defense investments on the research and
        experimentation needed to meet new and undefined threats and
        achieve Full Spectrum Dominance.
            (4) The Department of Defense has been the preeminent
        Federal agency supporting research in engineering, mathematics,
        and computer science, and a key supporter of research in the
        physical and environmental sciences. These disciplines remain
        critical to achieving information superiority and maintaining
        technological innovation in our military. The Department of
        Energy has played a critical role in supporting the research
        needed to limit the spread of weapons of mass destruction. No
        other organizations, public or private, can be expected to
        substitute for the role of the Department of Defense and
        Department of Energy in these research areas.
            (5) However, the current budget plan for the Defense
        Science and Technology Program is essentially flat in real
        terms through fiscal year 2003. The planned budget for
        nonproliferation science and technology activities at the
        Department of Energy will decline.
            (6) These budget plans are not consistent with the vision
        of Full Spectrum Dominance, the threats or uncertainties on the
        horizon, or the opportunity presented by the current state of
        international relations. The planned level of investment could
        pose a serious threat to our national security in the next 15
        years, given the usual time it takes from the start of Defense
        research to achieving new military capabilities.
            (7) Consequently, the Congress must act to establish a
        long-term vision for the Defense Science and Technology
        Program's funding if the United States is to encourage the
        research and experimentation needed to seize the current
        opportunity and begin transforming our military to meet the new
        threats and achieve Full Spectrum Dominance early in the next
        century.
            (8) The Congress must also act to establish a robust long-
        term vision and funding plan in support of nonproliferation
        science and technology activities at the Department of Energy.

SEC. 3. PURPOSE AND FUNDING REQUIREMENTS.

    (a) Purpose.--The purpose of this Act is to create a ten-year
budget plan to support the disciplines, research, and concept of
operations experimentation that will transform our military and reduce
the threat from weapons of mass destruction early in the next century.
    (b) Funding Requirements.--
            (1) Defense science and technology program budget.--For
        each year from fiscal year 2000 until fiscal year 2008, it
        shall be an objective of the Secretary of Defense to increase
        the Defense Science and Technology Program budget by no less
        than 2.0 percent over inflation greater than the previous
        fiscal year's budget request.
            (2) Nonproliferation science and technology activities
        budget.--For each year from fiscal year 2000 until fiscal year
        2008, it shall be an objective of the Secretary of Energy to
        increase the budget for nonproliferation science and technology
        activities by no less than 2.0 percent a year over inflation
        greater than the previous fiscal year's budget request.

SEC. 4. GUIDELINES FOR THE DEFENSE SCIENCE AND TECHNOLOGY PROGRAM.

    (a) Synergistic Management of Research and Development.--The
Secretary of Defense may allocate a combination of funds from
Department of Defense 6.1, 6.2, or 6.3 accounts in supporting any
individual project or program of the Defense Science and Technology
Program.
    (b) Relationship of the Defense Science and Technology Program to
Commercial Research and Technology.--
            (1) In supporting projects within the Defense Science and
        Technology Program, the Secretary of Defense shall attempt to
        leverage commercial research, technology, products, and
        processes for the benefit of the Department of Defense to the
        maximum extent practicable.
            (2) Funds made available to the Defense Science and
        Technology Program must only be used to benefit the Department
        of Defense, which includes--
                    (A) the development of defense unique technology;
                    (B) the development of military useful, commercial
                viable technology; or
                    (C) the adaption of commercial technology,
                products, or processes for military purposes.
    (c) Relationship of Defense Science and Technology Program to
University Research.--The following shall be key objectives of the
Defense Science and Technology Program--
            (1) the sustainment of research capabilities in scientific
        and engineering disciplines critical to the Department of
        Defense;
            (2) the education and training of the next generation of
        scientists and engineers in disciplines relevant to future
        Defense systems, particularly through the conduct of basic
        research; and
            (3) the continued support of the Defense Experimental
        Program to Stimulate Competitive Research and research programs
        at Historically Black Colleges and Universities and Minority
        Institutions.

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) Defense science and technology program.--The term
        ``Defense Science and Technology Program'' means work funded in
        Department of Defense accounts 6.1, 6.2, or 6.3; and
            (2) Nonproliferation science and technology activities.--
        The term ``nonproliferation science and technology activities''
        means work related to preventing and countering the
        proliferation of weapons of mass destruction that is funded by
        the Department of Energy under the following programs and
        projects of the Department's Office of Nonproliferation and
        National Security and Office of Defense Programs;
                    (A) the Verification and Control Technology program
                within the Office of Nonproliferation and National
                Security;
                    (B) projects under the ``Technology and Systems
                Development'' element of the Nuclear Safeguards and
                Security program within the Office of Nonproliferation
                and National Security;
                    (C) projects relating to a national capability to
                assess the credibility of radiological and extortion
                threats, or to combat nuclear materials trafficking or
                terrorism, under the Emergency Management program
                within the Office of Nonproliferation and National
                Security;
                    (D) projects relating to developing or integrating
                new technology to respond to emergencies and threats
                involving the presence, or possible presence, of
                weapons of mass destruction; radiological emergencies;
                and related terrorist threats, under the Office of
                Defense Programs; and
                    (E) program direction costs for the programs and
                projects funded under subparagraphs (A) through (D).

Output:
National Defense Science and Technology Investment Act of 1998 - States that, for each year from FY 2000 until 2008, it shall be an objective of the Secretary of:  (1) Defense to increase the Defense Science and Technology Program (DSTP) budget by not less than two percent over inflation over the year before; and (2) Energy to increase the budget for nonproliferation science and technology activities by not less than two percent over inflation over the year before.
Authorizes the Secretary of Defense to expend funds from Department of Defense (DOD) 6.1, 6.2, or 6.3 accounts in supporting any individual DSTP project or program.  Directs the Secretary to attempt to leverage commercial research, technology, products, and processes for the benefit of DOD.  Allows funds made available to the DSTP to be used only to benefit DOD.
Includes as key DSTP objectives:  (1) the sustainment of research capabilities in scientific and engineering disciplines critical to DOD; (2) the education and training of the next generation of scientists and engineers in disciplines relevant to future defense systems; and (3) the continued support of the Defense Experimental Program to Stimulate Competitive Research and research programs at historically black colleges and universities and minority institutions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Victims' Bill of Rights Act''.

SEC. 2. VICTIMS' STATEMENT IN FEDERAL CASES.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``and'' at the end of subdivision
        (a)(1)(B);
            (2) by striking the period at the end of subdivision
        (a)(1)(C) and inserting ``; and'';
            (3) by inserting after subdivision (a)(1)(C) the following:
                    ``(D) address personally any victim of the offense
                for which sentence is to be imposed (or a member of
                that victim's immediate family or, in the discretion of
                the court, any other appropriate person representing
                the victim) who is present at the sentencing hearing,
                and afford the individual so addressed the opportunity
                to make a statement and present information in relation
                to the sentence.'';
            (4) in the penultimate sentence of subdivision (a)(1), by
        striking ``equivalent opportunity'' and inserting ``opportunity
        equivalent to that of the defendant's counsel''; and
            (5) by adding at the end of subdivision (a)(1) the
        following: ``Upon request by a victim, the court may hear in
        camera such a statement by that victim.''.

SEC. 3. RIGHT OF VICTIMS OF STATE OFFENSES TO BE INFORMED ABOUT VICTIM
              COMPENSATION AND ASSISTANCE PROGRAMS.

    Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(b) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by inserting after paragraph (7) the following:
            ``(8) such State provides an effective system of notice to
        crime victims of the existence of compensation and other
        programs to assist victims of crime in which those victims
        might be eligible to participate; and''; and
            (3) by redesignating existing paragraph (8) as paragraph
        (9).

SEC. 4. RIGHT OF VICTIMS IN COURT PROCEEDINGS.

    (a) Separation of Victim from Accused.--Section 501(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
            (1) by striking the period at the end of paragraph (21) and
        adding ``; and''; and
            (2) by adding at the end the following:
            ``(22) programs that allow for the physical and visual
        separation of a victim of crime from an alleged perpetrator of
        such crime while waiting in a judicial facility for a courtroom
        appearance.''.
    (b) Formula Grant Reduction for Noncompliance.--Section 506 of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by adding at the end the following:
    ``(g) In order not to reduce the funds available under this subpart
by 25 percent (for redistribution to other participating States), a
State shall, on the first day of each fiscal year succeeding the first
fiscal year beginning after September 30, 1994--
            ``(1) notify a victim of crime of the availability of
        visual and physical separation from an alleged perpetrator of
        such crime while waiting in a judicial facility for a courtroom
        appearance;
            ``(2) provide such victim the opportunity for visual and
        physical separation from an alleged perpetrator of such crime
        while waiting in a judicial facility for a courtroom
        appearance;
            ``(3) provide a victim of crime with the earliest possible
        notice of the scheduling of each court proceeding or parole
        hearing that the witness is either required or entitled to
        attend; and
            ``(4) address personally any victim of the offense for
        which sentence is to be imposed (or a member of that victim's
        immediate family or, in the discretion of the court, any other
        appropriate person representing the victim) who is present at
        the sentencing hearing, and afford the individual so addressed
        the opportunity to make a statement and present information in
        relation to the sentence.''.

SEC. 5. FEDERAL VICTIMS RIGHTS TO BE INFORMED ABOUT COMPENSATION
              PROGRAMS AND TO SEPARATE WAITING FACILITIES.

    The Attorney General shall assure that Federal prosecutors and law
enforcement officials--
            (1) provide an effective system of notice to crime victims
        of the existence of compensation and other programs to assist
        victims of crime in which those victims might be eligible to
        participate;
            (2) notify victims of Federal crime of the availability of
        visual and physical separation from alleged perpetrators of
        such crime while waiting in a judicial facility for a courtroom
        appearance;
            (3) provide victims of Federal crime the opportunity for
        visual and physical separation from alleged perpetrators of
        such crime while waiting in a judicial facility for a courtroom
        appearance; and
            (4) provide a victim of crime with the earliest possible
        notice of the scheduling of each court proceeding or parole
        hearing that the witness is either required or entitled to
        attend.

Output:
Crime Victims' Bill of Rights Act - Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence, to address personally any victim of the offense for which sentence is to be imposed (or a member of that victim's immediate family or, in the court's discretion, any other appropriate person representing the victim) who is present at the sentencing hearing and to afford such individual the opportunity to make a statement and present information in relation to the sentence.    Permits the court, upon request by a victim, to hear in camera such a statement by that victim.
Amends the Victims of Crime Act of 1984 to condition Federal grant eligibility of crime victim compensation programs on a State providing an effective system of notice to eligible victims of the existence of compensation and other programs to assist victims of crime.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to:  (1) authorize drug control and system improvement grants to States to be used for programs that allow for the physical and visual separation of a victim of crime from an alleged perpetrator of such crime while waiting in a judicial facility for a courtroom appearance; and (2) provide for a reduction of formula grants by 25 percent (for redistribution to other participating States) for States which fail to notify a crime victim of specified rights.
Directs the Attorney General to assure that Federal prosecutors and law enforcement officials:  (1) provide an effective system of notice to crime victims of the existence of compensation and other programs to assist victims who might be eligible to participate; (2) notify crime victims of the availability of, and provide such victims the opportunity for, visual and physical separation from alleged crime perpetrators while waiting in a judicial facility for a courtroom appearance; and (3) provide a crime victim with the earliest possible notice of the scheduling of each court proceeding or parole hearing that the witness is required or entitled to attend.