Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Buy America Update Act''.

SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT.

    (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code,
is amended--
            (1) by redesignating paragraph (3) as paragraph (4);
            (2) in paragraph (2) by striking ``or''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) that when procuring rolling stock under this
        chapter--
                    ``(A) the cost of components and subcomponents
                produced in the United States is more than 60 percent
                of the cost of all components of the rolling stock; and
                    ``(B) final assembly of the rolling stock has
                occurred in the United States; or''.
    (b) Rule Reevaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall review the
regulations found in section 635.410 of title 23, Code of Federal
Regulations, or any similar successor regulations, to determine whether
manufactured products other than those containing steel and iron should
be considered for the purposes of domestic content preferences.

SEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION.

    (a) Auditing and Certification Modernization.--
            (1) Not later than 6 months after the date of enactment of
        this Act, the Secretary of Transportation shall--
                    (A) initiate a rulemaking to develop audit
                procedures for the agency to review offeror and
                recipient compliance with domestic content provisions;
                and
                    (B) issue guidance on best practices for pre-award
                and post-delivery audits by recipients under section
                5323(m) of title 49, United States Code.
            (2) In developing the guidance required under paragraph
        (1)(B), the Secretary shall consider best practices for--
                    (A) proper and sufficient documentation requests
                from bidders by recipients under section 5323(m) of
                such title to support certification of compliance;
                    (B) proper and sufficient documentation requests
                from bidders by recipients under section 5323(m) of
                such title to support pre-award and post-delivery
                audits;
                    (C) determining the timing and requirements for
                post-delivery audit; and
                    (D) verifying the origin of supplier components and
                subcomponents.
    (b) Component Guidance.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall initiate a rulemaking to
further develop standards under section 5323(j) of title 49, United
States Code, for measuring the percentage value of a component relative
to the entire procurement.

SEC. 4. RAIL BUY AMERICA MODERNIZATION.

    Section 24305(f) of title 49, United States Code, is amended by
adding at the end the following:
    ``(5) Before seeking a waiver request under paragraph (4), Amtrak
shall contract with the National Institute of Standards and Technology
to conduct a supplier scouting process for domestic suppliers that can
provide the compliant products for which a waiver will be sought. Upon
conclusion of the supplier scouting process for a particular component,
material, or subcomponent, Amtrak shall submit to the Secretary a
scouting report along with the waiver request. The Secretary shall
consider the results of the supplier scouting before making a decision
on Amtrak's waiver. If the Secretary decides to grant the waiver, the
Secretary shall publish in the Federal Register a summary of the
Scouting report and the reasons for the Secretary's decision.''.

SEC. 5. FAA BUY AMERICA MODERNIZATION.

    Section 50101 of title 49, United States Code, is amended by adding
at the end the following:
    ``(d) Supplier Scouting.--Before issuing a waiver under subsection
(b), the Secretary shall--
            ``(1) consult with the National Institute of Standards and
        Technology; and
            ``(2) begin a supplier scouting process for domestic
        suppliers that can provide for those compliant products for
        which a waiver will be sought.
    ``(e) Publication Required.--Upon conclusion of the supplier
scouting process required under subsection (d)(2) for a particular
component, material, or subcomponent, the Secretary make the results of
the supplier scouting available to the public.''.

SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED
              WITH PASSENGER FACILITY CHARGES.

    (a) In General.--Section 50101(a) of title 49, United States Code,
is amended by inserting ``, and may approve a project under section
40117,'' before ``only if steel''.
    (b) Applicability.--The amendment made by subsection (b) shall
apply to an application submitted pursuant to section 40177(c) of title
49, United States Code, after the date of enactment of this Act.

Output: Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when:  the cost of components and subcomponents produced in the United States is more than 60% of the cost of all components of the rolling stock; and final assembly of such rolling stock has occurred in the United States.   The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States.


Input:
SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS
              ON PEER-TO-PEER NETWORKS.

    (a) In General.--Chapter 5 of title 17, United States Code, is
amended by adding at the end the following new section:
``Sec. 514. Remedies for infringement: use of technologies to prevent
              infringement of copyrighted works on peer-to-peer
              computer networks
    ``(a) In General.--Notwithstanding any State or Federal statute or
other law, and subject to the limitations set forth in subsections (b)
and (c), a copyright owner shall not be liable in any criminal or civil
action for disabling, interfering with, blocking, diverting, or
otherwise impairing the unauthorized distribution, display,
performance, or reproduction of his or her copyrighted work on a
publicly accessible peer-to-peer file trading network, if such
impairment does not, without authorization, alter, delete, or otherwise
impair the integrity of any computer file or data residing on the
computer of a file trader.
    ``(b) Exceptions.--Subsection (a) shall not apply to a copyright
owner in a case in which--
            ``(1) in the course of taking an action permitted by
        subsection (a), the copyright owner--
                    ``(A) impairs the availability within a publicly
                accessible peer-to-peer file trading network of a
                computer file or data that does not contain a work, or
                portion thereof, in which the copyright owner has an
                exclusive right granted under section 106, except as
                may be reasonably necessary to impair the distribution,
                display, performance, or reproduction of such a work,
                or portion thereof, in violation of any of the
                exclusive rights of the copyright owner under section
                106;
                    ``(B) causes economic loss to any person other than
                affected file traders; or
                    ``(C) causes economic loss of more than $50.00 per
                impairment to the property of the affected file trader,
                other than economic loss involving computer files or
                data made available through a publicly accessible peer-
                to-peer file trading network that contain works in
                which the owner has an exclusive right granted under
                section 106; or
            ``(2) the copyright owner fails to comply with the
        requirements of subsection (c).
    ``(c) Notification Requirement.--(1) A copyright owner shall not be
liable under subsection (a) for an act to which subsection (a) applies
only if--
            ``(A) the copyright owner has notified the Department of
        Justice, in such manner as the Attorney General shall specify,
        of the specific technologies the copyright owner intends to use
        to impair the unauthorized distribution, display, performance,
        or reproduction of the owner's copyrighted works over a
        publicly accessible peer-to-peer file trading network; and
            ``(B) the notification under paragraph (1) was made at
        least 7 days before the copyright owner engaged in the act.
    ``(2) At the request of an affected file trader or the assignee of
an Internet Protocol address used by an affected file trader, a
copyright owner shall provide notice to the affected file trader or
assignee (as the case may be) of--
            ``(A) the reason for impairing trading in the computer file
        or data containing the copyrighted work of the copyright owner;
            ``(B) the name and address of the copyright owner; and
            ``(C) the right of the affected file trader to bring an
        action described in subsection (d).
    ``(3) The notification by a copyright owner under paragraph (1)
shall not be construed for any purpose as an admission of an unlawful
act.
    ``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to
the authority provided by subsection (a), a copyright owner knowingly
and intentionally impairs the distribution, display, performance, or
reproduction of a particular computer file or data, and has no
reasonable basis to believe that such distribution, display,
performance, or reproduction constitutes an infringement of copyright,
and an affected file trader suffers economic loss in excess of $250 as
a result of the act by the copyright owner, the affected file trader
may seek compensation for such economic loss in accordance with the
following:
            ``(A) The affected file trader may file a claim for such
        compensation with the Attorney General not later than 1 year
        after the date on which the claim accrues. The Attorney General
        shall, not later than 10 days after the claim is filed, serve
        notice of the claim on the copyright owner against whom the
        claim is brought, and shall investigate the claim. The claim
        shall be in writing under oath or affirmation and shall contain
        such information and be in such form as the Attorney General
        requires. The claim shall not be made public by the Attorney
General.
            ``(B) If the Attorney General determines after such
        investigation that there is not reasonable cause to believe
        that the facts alleged in the claim are true, the Attorney
        General shall dismiss the claim and promptly notify the
        affected file trader and the copyright owner against whom the
        claim is brought of the Attorney General's action.
            ``(C) If the Attorney General determines after such
        investigation that there is reasonable cause to believe that
        the facts alleged in the claim are true, the Attorney General
        shall promptly notify the affected file trader and the
        copyright owner of the Attorney General's determination.
            ``(D) The Attorney General shall make the determination on
        reasonable cause as promptly as possible, but in no case later
        than 120 days after the date on which the claim is filed.
            ``(E) The affected file trader may seek compensation for
        the economic loss that is the subject of the claim, plus
        reasonable attorney's fees, in the appropriate United States
        district court by filing an action in such court--
                    ``(i) not later than 60 days after being notified
                of the Attorney General's determination under
                subparagraph (C); or
                    ``(ii) if the Attorney General has not made a
                determination on the claim within the 120-day period
                specified in subparagraph (D), not later than 60 days
                after the end of that 120-day period.
    ``(2) The cause of action established by this subsection shall only
be available as a remedy against impairing actions that would not be
lawful but for subsection (a).
    ``(e) Suits by United States.--The Attorney General of the United
States may seek injunctive relief in the appropriate United States
district court to prevent a copyright owner from engaging in impairing
activities that would not be lawful but for subsection (a) if that
owner has engaged in a pattern or practice of impairing the
distribution, display, performance, or reproduction of computer files
or data without a reasonable basis to believe that infringement of
copyright has occurred.
    ``(f) Construction With Other Statutes.--(1) Nothing in this
section shall be construed as limiting the authority of a copyright
owner to take any otherwise lawful action to enforce any of the
exclusive rights granted by section 106.
    ``(2) Nothing in this section shall limit any remedies available to
a person under section 1030 of title 18, or under any other State or
Federal statute or any other law, against a copyright owner who fails
to qualify for the protections afforded under subsection (a).
    ``(3) Actions taken by a copyright owner pursuant to subsection (a)
shall not be considered by a court for any other purpose under this
title, including in determining whether a particular use of a work is
infringing.
    ``(g) Nondisclosure of Information.--Information contained in any
notification under subsection (c)(1)(A) may not be made available to
the public under section 552 of title 5.
    ``(h) Definitions.--In this section--
            ``(1) the term `economic loss' means monetary costs only;
            ``(2) `peer-to-peer file trading network' means two or more
        computers which are connected by computer software that--
                    ``(A) is primarily designed to--
                            ``(i) enable the connected computers to
                        transmit files or data to other connected
                        computers;
                            ``(ii) enable the connected computers to
                        request the transmission of files or data from
                        other connected computers; and
                            ``(iii) enable the designation of files or
                        data on the connected computers as available
                        for transmission; and
                    ``(B) does not permanently route all file or data
                inquiries or searches through a designated, central
                computer located in the United States;
            ``(3) a peer-to-peer file trading network is `publicly
        accessible' if--
                    ``(A) participation in the network is substantially
                open to the public; and
                    ``(B) the network enables the transmission of
                computer files or data over the Internet or any other
                public network of computers;
            ``(4) the term `file trader' means an individual who is
        utilizing a publicly accessible, peer-to-peer file trading
        network to transmit, make available for transmission, or
        download computer files or data, or the owner of a computer
        that is connected to a publicly accessible, peer-to-peer file
        trading network and is engaged in the transmission of computer
        files or data through the peer-to-peer file trading network;
            ``(5) the term `distribution', in the case of a computer
        connected to a peer-to-peer file trading network, includes the
        placement of a computer file or data in an area of a computer
        that is accessible to other computers connected to the peer-to-
        peer file trading network; and
            ``(6) the term `copyright owner' means a legal or
        beneficial owner of an exclusive right under section 106 and
        any party authorized to act on the owner's behalf.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of
title 17, United States Code, is amended by adding at the end the
following new item:

``514. Remedies for infringement: use of technologies to prevent
                            infringement of copyrighted works on peer-
                            to-peer computer networks.''.

Output: Amends Federal copyright law to protect a copyright owner from liability in any criminal or civil action for impairing, with appropriate technology, the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader.Denies such liability protection to a copyright owner who does not comply with certain notification requirements or who: (1) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work in which the owner has an exclusive copyright; (2) causes economic loss to any person other than affected file traders; or (3) causes other economic loss of more than $50.00 per impairment to the property of the affected file trader.Conditions a copyright owner's protection from liability upon seven-days' notice to the Department of Justice of the specific technologies intended for use to impair unauthorized distribution, display, performance, or reproduction of a copyrighted work. Requires notice as well, upon request, to an affected file trader or the assignee of an Internet Protocol address used by an affected file trader.Provides for a cause of action against a copyright owner for wrongful impairment, including an action by the Attorney General for injunctive relief in certain circumstances.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Research Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nearly 4 of 5 peer reviewed research projects deemed
        worthy of funding by the National Institutes of Health are not
        funded.
            (2) Less than 2 percent of the nearly one trillion dollars
        our Nation spends on health care is devoted to health research,
        while the defense industry spends 15 percent of its budget on
        research.
            (3) Public opinion surveys have shown that Americans want
        more Federal resources put into health research and support by
        having a portion of their health insurance premiums set aside
        for this purpose.
            (4) Ample evidence exists to demonstrate that health
        research has improved the quality of health care in the United
        States. Advances such as the development of vaccines, the cure
        of many childhood cancers, drugs that effectively treat a host
        of diseases and disorders, a process to protect our Nation's
        blood supply from the HIV virus, progress against
        cardiovascular disease including heart attack and stroke, and
        new strategies for the early detection and treatment of
        diseases such as colon, breast, and prostate cancer clearly
        demonstrates the benefits of health research.
            (5) Among the most effective methods to control health care
        costs are prevention and cure of disease and disability, thus,
        health research which holds the promise of cure and prevention
        of disease and disability is a critical component of any
        comprehensive health care reform plan.
            (6) The state of our Nation's research facilities at the
        National Institutes of Health and at universities is
        deteriorating significantly. Renovation and repair of these
        facilities are badly needed to maintain and improve the quality
        of research.
            (7) Because the Omnibus Budget Reconciliation Act of 1993
        freezes discretionary spending for the next 5 years, the
        Nation's investment in health research through the National
        Institutes of Health is likely to decline in real terms unless
        corrective legislative action is taken.
            (8) A health research fund is needed to maintain our
        Nation's commitment to health research and to increase the
        percentage of approved projects which receive funding at the
        National Institutes of Health to at least 33 percent.

SEC. 3. NATIONAL FUND FOR HEALTH RESEARCH.

    (a) Establishment.--There is established in the Treasury of the
United States an account, to be known as the ``National Fund for Health
Research'' (hereafter referred to in this section as the ``Fund''),
consisting of such amounts as are transferred to the Fund under
subsection (b) and any interest earned on investment of amounts in the
Fund.
    (b) Transfers to Fund.--
            (1) In general.--The Secretary of the Treasury shall
        transfer to the Fund an amount equal to the amounts designated
        under paragraph (2) and received in the Treasury.
            (2) Amounts.--
                    (A) In general.--With respect to each calendar year
                beginning with the first full calendar year during
                which a comprehensive health care reform program
                utilizing a regional and corporate health alliance
                structure has been implemented, each such alliance
                shall set aside and transfer to the Treasury of the
                United States the applicable amount under subparagraph
                (B) and under section 6097 of the Internal Revenue Code
                of 1986.
                    (B) Applicable amount.--The applicable amount under
                this subparagraph with respect to a regional or
                corporate alliance shall be equal to--
                            (i) with respect to the first full calendar
                        year described in subparagraph (A), .25 percent
                        of all health premiums received by the alliance
                        for such year;
                            (ii) with respect to the second calendar
                        year described in subparagraph (A), .50 percent
                        of all health premiums received by the alliance
                        for such year;
                            (iii) with respect to the third calendar
                        year described in subparagraph (A), .75 percent
                        of all health premiums received by the alliance
                        for such year; and
                            (iv) with respect to the fourth and
                        succeeding calendar years described in
                        subparagraph (A), 1 percent of all health
                        premiums received by the alliance for such
                        year.
            (3) Designation of overpayments and contributions.--
                    (A)  In general.--Subchapter A of chapter 61 of the
                Internal Revenue Code of 1986 (relating to returns and
                records) is amended by adding at the end the following
                new part:

   ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
                   NATIONAL FUND FOR HEALTH RESEARCH

``Sec. 6097. Amounts for the National Fund for Health Research.

``SEC. 6097. AMOUNTS FOR THE NATIONAL FUND FOR HEALTH RESEARCH.

    ``(a) In General.--Every individual (other than a nonresident
alien) may designate that--
            ``(1) a portion (not less than $1) of any overpayment of
        the tax imposed by chapter 1 for the taxable year, and
            ``(2) a cash contribution (not less than $1),
be paid over to the National Fund for Health Research established under
section 3 of the Health Research Act of 1994. In the case of a joint
return of a husband and wife, each spouse may designate one-half of any
such overpayment of tax (not less than $2).
    ``(b) Manner and Time of Designation.--Any designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the original return of the tax imposed by chapter 1 for
such taxable year. Such designation shall be made either on the 1st
page of the return or on the page bearing the taxpayer's signature.
    ``(c) Overpayments Treated as Refunded.--For purposes of this
section, any overpayment of tax designated under subsection (a) shall
be treated as being refunded to the taxpayer as of the last day
prescribed for filing the return of tax imposed by chapter 1
(determined with regard to extensions) or, if later, the date the
return is filed.
    ``(d) Designated Amounts Not Deductible.--No amount designated
pursuant to subsection (a) shall be allowed as a deduction under
section 170 or any other section for any taxable year.
    ``(e) Termination.--This section shall not apply to taxable years
beginning in a calendar year after a determination by the Secretary
that the sum of all designations under subsection (a) for taxable years
beginning in the second and third calendar years preceding the calendar
year is less than $5,000,000.''.
                    (B) Clerical amendment.--The table of parts for
                subchapter A of chapter 61 of such Code is amended by
                adding at the end the following new item:

                              ``Part IX. Designation of overpayments
                                        and contributions for the
                                        National Fund for Health
                                        Research.''.
                    (C) Effective date.--The amendments made by this
                paragraph shall apply to taxable years beginning after
                December 31, 1993.
    (c) Expenditures From Fund.--
            (1) In general.--The Secretary of the Treasury shall pay
        annually, within 30 days after the President signs an
        appropriations Act for the Departments of Labor, Health and
        Human Services, and Education and related agencies, or by the
        end of the first quarter of the fiscal year, to the Secretary
        of Health and Human Services on behalf of the National
        Institutes of Health, an amount equal to the amount in the
        National Fund for Health Research at the time of such payment,
        to enable the Secretary to carry out the purpose of section
        404F of the Public Health Service Act, less any administrative
        expenses which may be paid under paragraph (3).
            (2) Purposes for expenditures from fund.--Part A of title
        IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is
        amended by adding at the end the following new section:

``SEC. 404F. EXPENDITURES FROM THE NATIONAL FUND FOR HEALTH RESEARCH.

    ``(a) In General.--From amounts received for any fiscal year from
the National Fund for Health Research, the Secretary of Health and
Human Services shall distribute--
            ``(1) 2 percent of such amounts during any fiscal year to
        the Office of the Director of the National Institutes of Health
        to be allocated at the Director's discretion for the following
        activities:
                    ``(A) for carrying out the responsibilities of the
                Office of the Director, National Institutes of Health,
                including the Office of Research on Women's Health and
                the Office of Research on Minority Health, the Office
                of Alternative Medicine and the Office of Rare Diseases
                Research; and
                    ``(B) for construction and acquisition of equipment
                for or facilities of or used by the National Institutes
                of Health;
            ``(2) 2 percent of such amounts for transfer to the
        National Center for Research Resources to carry out section
        1502 of the National Institutes of Health Revitalization Act of
        1993 concerning Biomedical and Behavioral Research Facilities;
            ``(3) 1 percent of such amounts during any fiscal year for
        carrying out section 301 and part D of title IV with respect to
        health information communications; and
            ``(4) the remainder of such amounts during any fiscal year
        to member institutes of the National Institutes of Health and
        Centers in the same proportion to the total amount received
        under this section, as the amount of annual appropriations
        under appropriations Acts for each member institute and Centers
        for the fiscal year bears to the total amount of appropriations
        under appropriations Acts for all member institutes and Centers
        of the National Institutes of Health for the fiscal year.
    ``(b) Plans of Allocation.--The amounts transferred under
subsection (a) shall be allocated by the Director of NIH or the various
directors of the institutes and centers, as the case may be, pursuant
to allocation plans developed by the various advisory councils to such
directors, after consultation with such directors.''.
            (3) Administrative expenses.--Amounts in the National Fund
        for Health Research shall be available to pay the
        administrative expenses of the Department of the Treasury
        directly allocable to--
                    (A) modifying the individual income tax return
                forms to carry out section 6097 of the Internal Revenue
                Code of 1986;
                    (B) carrying out this section with respect to such
                Fund; and
                    (C) processing amounts received under this section
                and transferring such amounts to such Fund.
            (4) Trigger and release of fund monies.--No expenditures
        shall be made pursuant to section 3(c) during any fiscal year
        in which the annual amount appropriated for the National
        Institutes of Health is less than the amount so appropriated
        for the prior fiscal year.
    (d) Budget Enforcement.--Amounts contained in the National Fund for
Health Research shall be excluded from, and shall not be taken into
account for purposes of, any budget enforcement procedures under the
Congressional Budget Act of 1974 or the Balanced Budget Emergency
Deficit Control Act of 1985.

Output:
Health Research Act of 1994 - Establishes in the Treasury the National Fund for Health Research.  Requires regional and corporate health alliances formed under a comprehensive health care reform program to set aside and transfer specified amounts each calendar year into the Fund.
Amends the Internal Revenue Code to authorize individuals (other than nonresident aliens) to designate for payment into the Fund at least $1 of a cash contribution or of any tax overpayment made.
Requires the Secretary of Health and Human Services to distribute specified amounts from the Fund for various health research activities of the National Institutes of Health and the National Center for Research Resources.  Excludes Fund amounts from any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).


Input:
SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES,
              SURVIVING JOINT DEBTORS, AND PARENTS.

    (a) Definitions.--For purposes of this section:
            (1) Eligible public servant.--The term ``eligible public
        servant'' means an individual who--
                    (A) served as a police officer, firefighter, other
                safety or rescue personnel, or as a member of the Armed
                Forces; and
                    (B) died (or dies) or became (or becomes)
                permanently and totally disabled due to injuries
                suffered in the terrorist attack on September 11, 2001;
        as determined in accordance with regulations of the Secretary.
            (2) Eligible victim.--The term ``eligible victim'' means an
        individual who died (or dies) or became (or becomes)
        permanently and totally disabled due to injuries suffered in
        the terrorist attack on September 11, 2001, as determined in
        accordance with regulations of the Secretary.
            (3) Eligible spouse.--The term ``eligible spouse'' means
        the spouse of an eligible public servant, as determined in
        accordance with regulations of the Secretary.
            (4) Eligible surviving debtor.--The term ``eligible
        surviving debtor'' means an individual who owes a Federal
        student loan that is a consolidation loan that was used,
        jointly by that individual and an eligible victim, to repay the
        Federal student loans of that individual and of such eligible
        victim.
            (5) Eligible parent.--The term ``eligible parent'' means
        the parent of an eligible victim if--
                    (A) the parent owes a Federal student loan that is
                a consolidation loan that was used to repay a PLUS loan
                incurred on behalf of such eligible victim; or
                    (B) the parent owes a Federal student loan that is
                a PLUS loan incurred on behalf of an eligible victim
                who became (or becomes) permanently and totally
                disabled due to injuries suffered in the terrorist
                attack on September 11, 2001.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (7) Federal student loan.--The term ``Federal student
        loan'' means any loan made, insured, or guaranteed under part
        B, D, or E of title IV of the Higher Education Act of 1965.
    (b) Relief From Indebtedness.--
            (1) In general.--The Secretary shall provide for the
        discharge or cancellation of--
                    (A) the Federal student loan indebtedness of an
                eligible spouse;
                    (B) the consolidation loan indebtedness of an
                eligible surviving debtor;
                    (C) the portion of the consolidation loan
                indebtedness of an eligible parent that was incurred on
                behalf of an eligible victim, if the amount of such
                indebtedness with respect to such eligible victim may
                be reliably determined on the basis of records
                available to the lender; and
                    (D) the PLUS loan indebtedness of an eligible
                parent that was incurred on behalf of an eligible
                victim described in subsection (a)(5)(B).
            (2) Method of discharge or cancellation.--A loan required
        to be discharged or canceled under paragraph (1) shall be
        discharged or canceled by the method used under section 437(a),
        455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965
        (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is
        applicable to such loan.
    (c) Facilitation of Claims.--The Secretary shall--
            (1) establish procedures for the filing of applications for
        discharge or cancellation under this section by regulations
        that shall be prescribed and published within 90 days after the
        date of enactment of this Act and without regard to the
        requirements of section 553 of title 5, United States Code; and
            (2) take such actions as may be necessary to publicize the
        availability of discharge or cancellation of Federal student
        loan indebtedness for eligible spouses, eligible surviving
        debtors, and eligible parents under this section.
    (d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of deceased or disabled
individuals shall be available for making payments under section 437(a)
to lenders of loans to the eligible spouses, eligible surviving
debtors, and eligible parents as required by this section.
    (e) Applicable to Outstanding Debt.--The provisions of this section
shall be applied to discharge or cancel only Federal student loans
(including consolidation loans) on which amounts were owed on September
11, 2001.

Output: Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eating Healthy at School Act of
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Information about school meal quality is vital to
        maximizing the national investment in the school meal programs
        established under the Richard B. Russell National School Lunch
        Act (42 U.S.C. 1751 et seq.) and section 4 of the Child
        Nutrition Act of 1966 (42 U.S.C. 1773) and for measuring the
        effectiveness of and compliance with Federal school meal
        standards.
            (2) Assessing compliance with Federal school meal standards
        will enhance child health and the nutritional quality of school
        meals, contribute to nutrition research and evaluation of the
        school meal programs, and improve oversight of the school meal
        programs.
            (3) According to the School Nutrition Dietary Assessment
        Study-III of the school meals served under the school meal
        programs in school year 2004-2005, the majority of schools
        offered breakfasts and lunches that met the standards for the
        recommended daily intake of key nutrients, such as vitamins A
        and C, calcium, protein, and iron, but that the majority of
        school lunches were still too high in fat, saturated fat, and
        sodium.
            (4) Reviews of the nutritional quality of school meals
        under the school meals initiative for healthy children (60 Fed.
        Reg. 31188 (1995)) assess only the lunches served in 1 school
        per school food authority every 5 years and do not include
        assessments of breakfasts served by schools participating in
        the school breakfast program established under section 4 of the
        Child Nutrition Act of 1966 (42 U.S.C. 1773) or compliance with
        nutrition standards for foods sold in schools outside of the
        school meal programs.
            (5) Reviews of school meals under the school meals
        initiative for healthy children are laborious for State child
        nutrition programs and local school food authorities.
        Simplified, less burdensome, and more effective approaches are
        needed.
            (6) The Institute of Medicine recommends changes to school
        meals to reflect the most recent Dietary Guidelines for
        Americans published under section 301 of the National Nutrition
        Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
        The recommendations for new meal requirements involve
        significant shifts in the approach of schools to menu planning
        and will likely require new mechanisms for monitoring meal
        quality.
            (7) Food of poor nutritional value sold in schools outside
        of the school meal programs can undermine the national
        investment in school meals.
            (8) Gaps in Federal requirements for program integrity
        reviews limit the ability to identify and address meal counting
        and claiming errors.
            (9) Program integrity reviews are not required for the
        school breakfast program. Twenty-one States reported to the
        Comptroller General of the United States that they do not
        review the school breakfast program.
            (10) The percentage of meal counting and claiming errors is
        higher in the school breakfast program than in the school lunch
        program.

SEC. 3. COMPLIANCE AND ACCOUNTABILITY STUDY.

    (a) In General.--The Secretary of Agriculture shall conduct a study
to--
            (1) assess the effectiveness and efficiency of
        administrative review systems to ensure--
                    (A) each local educational agency participating in
                the school lunch program established under the Richard
                B. Russell National School Lunch Act (42 U.S.C. 1751 et
                seq.) complies with the provisions of such Act,
                including the provisions with respect to nutrition,
                eligibility, meal counts, and claims for reimbursement;
                    (B) each local educational agency participating in
                the school breakfast program established under section
                4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)
                complies with the provisions of such Act, including the
                provisions with respect to nutrition, eligibility, meal
                counts, and claims for reimbursement; and
                    (C) each local educational agency described in
                subparagraphs (A) and (B) is accountable for the
                compliance described in such subparagraphs;
            (2) design and test alternative processes and procedures
        that may improve the effectiveness and efficiency of the
        administrative review systems described in paragraph (1), and
        determine the optimal frequency for carrying out reviews under
        such systems; and
            (3) identify any alternative processes and procedures for
        establishing a more effective and efficient administrative
        review system which--
                    (A) reflect the results of tests of alternative
                processes and procedures conducted pursuant to
                paragraph (2); and
                    (B) consider the practicality of implementing such
                alternative processes and procedures, including the
                cost and burden of implementation that would be imposed
                on local school food authorities, local educational
                agencies, and State educational agencies.
    (b) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to the Committee
on Education and Labor of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, a
report that describes the results and recommendations of the study
conducted pursuant to subsection (a).
    (c) Regulations.--The Secretary of Agriculture may prescribe
regulations as may be necessary to implement the processes or
procedures identified pursuant to subsection (a)(3) for establishing an
effective and efficient administrative review system.
    (d) Funding.--
            (1) In general.--Upon the date of the enactment of this
        Act, out of any funds in the Treasury not otherwise
        appropriated, the Secretary of the Treasury shall transfer to
        the Secretary of Agriculture $3,500,000 to carry out this
        section, to remain available until expended.
            (2) Receipt and acceptance.--The Secretary of Agriculture
        shall be entitled to receive, shall accept, and shall use to
        carry out this section the funds transferred under paragraph
        (1), without further appropriation.

Output:
Eating Healthy at School Act of 2010 - Directs the Secretary of Agriculture to study and report to Congress on: (1) the effectiveness and efficiency of administrative review systems in holding local educational agencies accountable for complying with the requirements of the school lunch and breakfast programs; (2) the design and test of alternative processes and procedures that may improve the effectiveness and efficiency of such systems; and (3) any such alternative processes and procedures that reflect the results of such tests, and consider the practicality of implementation.

Authorizes the Secretary to prescribe the regulations necessary to implement such alternative processes or procedures.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Exclusion and Asylum Reform
Amendments of 1993''.

SEC. 2. ADMISSIONS FRAUD.

    (a) Exclusion for Fraudulent Documents and Failure To Present
Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(6)(C)) is amended--
            (1) by striking ``(C) Misrepresentation'' and inserting in
        lieu thereof the following:
                    ``(C) Fraud, misrepresentation, and failure to
                present documents'';
            (2) by adding at the end the following new clause:
                            ``(iii) Fraudulent documents and failure to
                        present documents.--
                                    ``(I) Any alien who, in seeking
                                entry to the United States or boarding
                                a common carrier for the purpose of
                                coming to the United States, presents
                                any document which, in the
                                determination of the immigration
                                officer, is forged, counterfeit,
                                altered, falsely made, stolen, or
                                inapplicable to the alien presenting
                                the document, or otherwise contains a
                                misrepresentation of a material fact,
                                is excludable.
                                    ``(II) Any alien who, in boarding a
                                common carrier for the purpose of
                                coming to the United States, presents a
                                document that relates or purports to
                                relate to the alien's eligibility to
                                enter the United States, and fails to
                                present such document to an immigration
                                officer upon arrival at a port of entry
                                into the United States, is
                                excludable.''.
    (b) Availability of Asylum and Other Discretionary Relief.--
            (1) Section 208 of the Immigration and Nationality Act (8
        U.S.C. 1158) is amended by adding at the end the following new
        subsection:
    ``(e)(1) Application of Fraud Exclusion.--Notwithstanding
subsection (a) and except as provided in paragraph (2), any alien who
is excludable under section 212(a)(6)(C)(iii) or section
212(a)(7)(A)(i) may not apply for or be granted asylum.
    ``(2) Exception.--The limitation under paragraph (1) shall not
apply if the action upon which the exclusion is based was pursuant to
direct departure from a country in which (A) the alien has a credible
fear of persecution, or (B) there is a significant danger that the
alien would be returned to a country in which the alien would have a
credible fear of persecution.
    ``(3) Definition.--As used in this subsection, the term `credible
fear of persecution' means (A) that it is more probable than not that
the statements made by the alien in support of his or her claim are
true, and (B) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer about
country conditions, that the alien could establish eligibility as a
refugee within the meaning of section 101(a)(42)(A).''.
            (2) Section 212(c) of the Immigration and Nationality Act
        (8 U.S.C. 1182(c)) is amended in the third sentence by
        inserting before the period ``or to any alien who is excludable
        pursuant to section 212(a)(6)(C)(iii)''.

SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    Section 235(b) of the Immigration and Nationality Act (8 U.S.C.
1225(b)) is amended to read as follows:
    ``(b) Inspection and Exclusion by Immigration Officers.--
            ``(1) An immigration officer shall inspect each alien who
        is seeking entry to the United States.
            ``(2)(A) If the examining immigration officer determines
        that an alien seeking entry--
                    ``(i)(I) is excludable under section
                212(a)(6)(C)(iii), or
                    ``(II) is excludable under section 212(a)(7)(A)(i),
                    ``(ii) does not have any reasonable basis for legal
                entry into the United States, and
                    ``(iii) does not indicate an intention to apply for
                asylum under section 208,
        the alien shall be specially excluded from entry into the
        United States without a hearing.
            ``(B) The examining immigration officer shall refer to an
        immigration officer, specially trained to conduct interviews
        and make determinations bearing on eligibility for asylum, any
        alien who is (i) excludable under section 212(a)(6)(C)(iii) or
        section 212(a)(7)(A) (i) and (ii) who has indicated an
        intention to apply for asylum. Such an alien shall not be
        considered to have entered the United States for purposes of
        this Act.
            ``(C) An alien under subparagraph (B) who is determined by
        an immigration officer, specially trained to conduct interviews
        and make determinations bearing on eligibility for asylum, to
        be excludable and ineligible for the exception under section
        208(e)(2), shall be specially excluded and deported from the
        United States without further hearing.
            ``(3)(A) Except as provided in subparagraph (B), if the
        examining immigration officer determines that an alien seeking
        entry is not clearly and beyond a doubt entitled to enter, the
        alien shall be detained for a hearing before an immigration
        judge.
            ``(B) The provisions of subparagraph (A) shall not apply--
                    ``(i) to an alien crewman,
                    ``(ii) to an alien described in paragraph (2)(A) or
                (2)(C), or
                    ``(iii) if the conditions described in section
                273(d) exist.
            ``(4) The decision of the examining immigration officer, if
        favorable to the admission of any alien, shall be subject to
        challenge by any other immigration officer and such challenge
        shall operate to take the alien, whose privilege to enter is so
        challenged, before an immigration judge for a hearing on
        exclusion of the alien.
            ``(5) The Attorney General shall establish procedures that
        ensure that aliens are not specially excluded under paragraph
        (2)(A) without an inquiry into their reasons for seeking entry
        into the United States.
            ``(6)(A) Subject to subparagraph (B), an alien has not
        entered the United States for purposes of this Act unless and
        until such alien has been inspected and admitted by an
        immigration officer pursuant to this subsection.
            ``(B) An alien who (i) is physically present in the United
        States, (ii) has been physically present in the United States
        for a continuous period of one year, and (iii) has not been
        inspected and admitted by an immigration officer may be said to
        have entered the United States without inspection. Such an
        alien is subject to deportation pursuant to section
        241(a)(1)(B).''.

SEC. 4. JUDICIAL REVIEW.

    Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225)
(as amended by section 3) is amended by adding after subsection (c) the
following new subsections:
    ``(d) Habeas Corpus Review.--Notwithstanding any other provision of
law, no court shall have jurisdiction to review, except by petition for
habeas corpus, any determination made with respect to an alien found
excludable pursuant to section 212(a)(6)(C)(iii) or section
212(a)(7)(A)(i). In any such case, review by habeas corpus shall be
limited to examination of whether the petitioner (1) is an alien, and
(2) was ordered excluded from the United States pursuant to section
235(b)(2).
    ``(e) Other Limits on Judicial Review and Action.--Notwithstanding
any other provision of law, no court shall have jurisdiction (1) to
review the procedures established by the Attorney General for the
determination of exclusion pursuant to section 212(a)(6)(C)(iii) or
section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive
relief with respect to the implementation of subsection (b)(2).
Regardless of the nature of the suit or claim, no court shall have
jurisdiction except by habeas corpus petition as provided in subsection
(d) to consider the validity of any adjudication or determination of
special exclusion or to provide declaratory or injunctive relief with
respect to the special exclusion of any alien.
    ``(f) Collateral Enforcement Proceedings.--In any action brought
for the assessment of penalties for improper entry or re-entry of an
alien under section 275 or 276, no court shall have jurisdiction to
hear claims collaterally attacking the validity of orders of exclusion,
special exclusion, or deportation entered under sections 235, 236, and
242.''.

SEC. 5. CONFORMING AMENDMENTS.

    Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended--
            (1) in the second sentence of paragraph (1) by striking out
        ``Deportation'' and inserting in lieu thereof ``Subject to
        section 235(b)(2), deportation''; and
            (2) in the first sentence of paragraph (2) by striking out
        ``If'' and inserting in lieu thereof ``Subject to section
        235(b)(2), if''.

SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING.

    Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)) is amended by striking ``five years'' and inserting ``ten
years''.

SEC. 7. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall
take effect on the date of the enactment of this Act and shall apply to
aliens who arrive in or seek admission to the United States on or after
such date.

Output:
Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who:  (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry.
Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which:  (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution.
Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud.
Increases penalties for certain alien smuggling offenses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Heavy Truck, Tractor, and Trailer
Retail Federal Excise Tax Repeal Act of 2017''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) there is a 12-percent Federal retail excise tax on
        certain new heavy trucks, tractors, and trailers, coupled with
        new regulatory mandates, significantly increasing the cost of
        new heavy-duty trucks, tractors, and trailers, and discourages
        the replacement of older, less environmentally clean and less
        fuel economical vehicles;
            (2) this 12-percent Federal retail excise tax is the
        highest percentage rate of any Federal ad valorem excise tax;
            (3) the Federal excise tax was first levied by Congress in
        1917 to help finance America's involvement in World War I;
            (4) in 2016, the average manufacturer suggested retail
        price for heavy trucks was over $175,921;
            (5) the 12-percent Federal retail excise tax routinely adds
        between $12,000 and $22,000 to the cost of a heavy truck,
        tractor, or trailer;
            (6) the average in-use, heavy truck is 9.5 years old, close
        to the historical all-time high;
            (7) the Environmental Protection Agency's model year 2002-
        2010 tailpipe emissions rules account for $20,000 of the
        average price of today's new heavy-duty trucks;
            (8) according to the 2011 Environmental Protection Agency
        and National Highway Traffic Safety Administration Regulatory
        Impact Analysis entitled ``Final Rulemaking to Establish
        Greenhouse Gas Emissions Standards and Fuel Efficiency
        Standards for Medium and Heavy-Duty Engines and Vehicles'',
        model year 2014-2018 EPA-Department of Transportation fuel
        economy rules will add up to approximately $6,683 to the price
        of new heavy-duty trucks;
            (9) according to the 2016 Environmental Protection Agency
        and National Highway Traffic Safety Administration Final Rule
        entitled ``Greenhouse Gas Emissions and Fuel Efficiency
        Standards for Medium and Heavy-Duty Engines and Vehicles--Phase
        2'', model year 2021-2027 fuel economy rules will add up to
        approximately $12,500 to the price of new heavy-duty trucks;
            (10) the $39,183 average per truck cost of these regulatory
        mandates results in an additional $4,700 Federal excise tax, on
        average;
            (11) since the Federal retail excise tax on certain new
        heavy trucks, tractors, and trailers is based on annual sales,
        receipts from the tax deposited in the Highway Trust Fund can
        vary greatly; and
            (12) Congress should consider a more reliable and
        consistent revenue mechanism to protect the Highway Trust Fund.

SEC. 3. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS.

    (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is
amended by striking subchapter C (and by striking the item relating to
such subchapter from the table of subchapters for such chapter).
    (b) Conforming Amendments.--
            (1) Section 4072(c) of such Code is amended to read as
        follows:
    ``(c) Tires of the Type Used on Highway Vehicles.--
            ``(1) In general.--For purposes of this part, the term
        `tires of the type used on highway vehicles' means tires of the
        type used on--
                    ``(A) motor vehicles which are highway vehicles, or
                    ``(B) vehicles of the type used in connection with
                motor vehicles which are highway vehicles.
            ``(2) Exception for mobile machinery.--
                    ``(A) In general.--Such term shall not include
                tires of a type used exclusively on mobile machinery.
                    ``(B) Mobile machinery.--For purposes of
                subparagraph (A), the term `mobile machinery' means any
                vehicle which consists of a chassis--
                            ``(i) to which there has been permanently
                        mounted (by welding, bolting, riveting, or
                        other means) machinery or equipment to perform
                        a construction, manufacturing, processing,
                        farming, mining, drilling, timbering, or
                        similar operation if the operation of the
                        machinery or equipment is unrelated to
                        transportation on or off the public highways,
                            ``(ii) which has been specially designed to
                        serve only as a mobile carriage and mount (and
                        a power source, where applicable) for the
                        particular machinery or equipment involved,
                        whether or not such machinery or equipment is
                        in operation, and
                            ``(iii) which, by reason of such special
                        design, could not, without substantial
                        structural modification, be used as a component
                        of a vehicle designed to perform a function of
                        transporting any load other than that
                        particular machinery or equipment or similar
                        machinery or equipment requiring such a
                        specially designed chassis.''.
            (2) Section 4221 of such Code is amended--
                    (A) by striking ``4051 or'' in subsection (a), and
                    (B) by striking ``and in the case of any article
                sold free of tax under section 4053(6),'' in subsection
                (c).
            (3) Section 4222(d) of such Code is amended by striking
        ``4053(6),''.
            (4) Section 4293 of such Code is amended by striking
        ``section 4051,''.
            (5) Section 6416(b)(2) of such Code is amended by striking
        ``or under section 4051''.
            (6) Section 6416(b) of such Code is amended by striking
        paragraph (6).
            (7) Section 9503(b)(1) of such Code is amended by striking
        subparagraph (B) and by redesignating subparagraphs (C), (D),
        and (E) as subparagraphs (B), (C), and (D), respectively.
    (c) Effective Date.--The amendments made by this section shall
apply to sales and installations on or after the date of the
introduction of this Act.

Output: Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017  This bill amends the Internal Revenue Code to repeal the 12% excise tax on the retail sale of heavy trucks and trailers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reserve Employer Tax Credit Act of
2001''.

SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION.

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

``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the reserve force
participation credit determined under this section is an amount equal
to the sum of--
            ``(1) the employment credit with respect to all qualified
        employees of the taxpayer, plus
            ``(2) the self-employment credit of a qualified self-
        employed taxpayer.
    ``(b) Employment Credit.--For purposes of this section--
            ``(1) In general.--The employment credit with respect to a
        qualified employee of the taxpayer for any taxable year is
        equal to 50 percent of the amount of qualified compensation
        that would have been paid to the employee with respect to all
        periods during which the employee participates in qualified
        reserve duty to the exclusion of normal employment duties,
        including time spent in a travel status had the employee not
        been participating in qualified reserve duty. The employment
        credit, with respect to all qualified employees, is equal to
        the sum of the employment credits for each qualified employee
        under this subsection.
            ``(2) Qualified compensation.--When used with respect to
        the compensation paid or that would have been paid to a
        qualified employee for any period during which the employee
        participates in qualified reserve duty, the term `qualified
        compensation' means compensation--
                    ``(A) which is normally contingent on the
                employee's presence for work and which would be
                deductible from the taxpayer's gross income under
                section 162(a)(1) if the employee were present and
                receiving such compensation, and
                    ``(B) which is not characterized by the taxpayer as
                vacation or holiday pay, or as sick leave or pay, or as
                any other form of pay for a nonspecific leave of
                absence, and with respect to which the number of days
                the employee participates in qualified reserve duty
                does not result in any reduction in the amount of
                vacation time, sick leave, or other nonspecific leave
                previously credited to or earned by the employee.
            ``(3) Qualified employee.--The term `qualified employee'
        means a person who--
                    ``(A) has been an employee of the taxpayer for the
                21-day period immediately preceding the period during
                which the employee participates in qualified reserve
                duty, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States as
                defined in sections 10142 and 10101 of title 10, United
                States Code.
    ``(c) Self-Employment Credit.--
            ``(1) In general.--The self-employment credit of a
        qualified self-employed taxpayer for any taxable year is equal
        to 50 percent of the excess, if any, of--
                    ``(A) the self-employed taxpayer's average daily
                self-employment income for the taxable year over
                    ``(B) the average daily military pay and allowances
                received by the taxpayer during the taxable year, while
                participating in qualified reserve duty to the
                exclusion of the taxpayer's normal self-employment
                duties for the number of days the taxpayer participates
                in qualified reserve duty during the taxable year,
                including time spent in a travel status.
            ``(2) Average daily self-employment income and average
        daily military pay and allowances.--As used with respect to a
        self-employed taxpayer--
                    ``(A) the term `average daily self-employment
                income' means the self-employment income (as defined in
                section 1402) of the taxpayer for the taxable year
                divided by the difference between--
                            ``(i) 365, and
                            ``(ii) the number of days the taxpayer
                        participates in qualified reserve duty during
                        the taxable year, including time spent in a
                        travel status, and
                    ``(B) the term `average daily military pay and
                allowances' means--
                            ``(i) the amount paid to the taxpayer
                        during the taxable year as military pay and
                        allowances on account of the taxpayer's
                        participation in qualified reserve duty,
                        divided by
                            ``(ii) the total number of days the
                        taxpayer participates in qualified reserve
                        duty, including time spent in travel status.
            ``(3) Qualified self-employed taxpayer.--The term
        `qualified self-employed taxpayer' means a taxpayer who--
                    ``(A) has net earnings from self-employment (as
                defined in section 1402) for the taxable year, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States.
    ``(d) Credit In Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the employee participates in qualified
reserve duty to the exclusion of normal employment duties.
    ``(e) Limitations.--
            ``(1) Maximum credit.--
                    ``(A) In general.--The credit allowed by subsection
                (a) for the taxable year--
                            ``(i) shall not exceed $7,500 in the
                        aggregate, and
                            ``(ii) shall not exceed $2,000 with respect
                        to each qualified employee.
                    ``(B) Controlled groups.--For purposes of applying
                the limitations in subparagraph (A)--
                            ``(i) all members of a controlled group
                        shall be treated as one taxpayer, and
                            ``(ii) such limitations shall be allocated
                        among the members of such group in such manner
                        as the Secretary may prescribe.
                For purposes of this subparagraph, all persons treated
                as a single employer under subsection (a) or (b) of
                section 52 or subsection (m) or (o) of section 414
                shall be treated as members of a controlled group.
            ``(2) Disallowance for failure to comply with employment or
        reemployment rights of members of the reserve components of the
        armed forces of the united states.--No credit shall be allowed
        under subsection (a) to a taxpayer for--
                    ``(A) any taxable year in which the taxpayer is
                under a final order, judgment, or other process issued
                or required by a district court of the United States
                under section 4323 of title 38 of the United States
                Code with respect to a violation of chapter 43 of such
                title, and
                    ``(B) the two succeeding taxable years.
            ``(3) Disallowance with respect to persons ordered to
        active duty for training.--No credit shall be allowed under
        subsection (a) to a taxpayer with respect to any period for
        which the person on whose behalf the credit would otherwise be
        allowable is called or ordered to active duty for any of the
        following types of duty:
                    ``(A) active duty for training under any provision
                of title 10, United States Code,
                    ``(B) training at encampments, maneuvers, outdoor
                target practice, or other exercises under chapter 5 of
                title 32, United States Code, or
                    ``(C) full-time National Guard duty, as defined in
                section 101(d)(5) of title 10, United States Code.
    ``(f) General Definitions and Special Rules.--
            ``(1) Military pay and allowances.--The term `military pay'
        means pay as that term is defined in section 101(21) of title
        37, United States Code, and the term `allowances' means the
        allowances payable to a member of the Armed Forces of the
        United States under chapter 7 of that title.
            ``(2) Qualified reserve duty.--The term `qualified reserve
        duty' includes only active duty performed, as designated in the
        reservist's military orders, in support of a contingency
        operation as defined in section 101(a)(13) of title 10, United
        States Code.
            ``(3) Normal employment and self-employment duties.--A
        person shall be deemed to be participating in qualified reserve
        duty to the exclusion of normal employment or self-employment
        duties if the person does not engage in or undertake any
        substantial activity related to the person's normal employment
        or self-employment duties while participating in qualified
        reserve duty unless in an authorized leave status or other
        authorized absence from military duties. If a person engages in
        or undertakes any substantial activity related to the person's
        normal employment or self-employment duties at any time while
        participating in a period of qualified reserve duty, unless
        during a period of authorized leave or other authorized absence
        from military duties, the person shall be deemed to have
        engaged in or undertaken such activity for the entire period of
qualified reserve duty.
            ``(4) Certain rules to apply.--Rules similar to the rules
        of subsections (c), (d), and (e) of section 52 shall apply for
        purposes of this section.''
    (b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended--
            (1) by striking ``plus'' at the end of paragraph (12),
            (2) by striking the period at the end of paragraph (13) and
        inserting ``, plus'', and
            (3) by adding at the end the following new paragraph:
            ``(14) the reserve force participation credit determined
        under section 45E(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45D the
following new item:

                              ``Sec. 45E. Reserve force participation
                                        credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the calendar year which includes
the date of the enactment of this Act.

SEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF
              THE RESERVE COMPONENTS OF THE ARMED FORCES.

    (a) In General.--Paragraph (2) of section 62(a) of the Internal
Revenue Code of 1986 (defining adjusted gross income) is amended by
adding at the end the following new subparagraph:
                    ``(D) Certain expenses of members of reserve
                components of the armed forces of the united states.--
                The deductions allowed by part VI (section 161 and
                following) which consist of--
                            ``(i) expenses of travel, meals, and
                        lodging while away from home, and
                            ``(ii) expenses of transportation,
                paid or incurred by the taxpayer in connection with the
                performance of services by such taxpayer as a member of
                a Reserve component of the Armed Forces (as defined in
                section 10101 of title 10, United States Code).''.
    (b) Two Percent Floor on Itemized Deductions Not To Apply.--
Subsection (b) of section 67 of such Code is amended by striking
``and'' at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, and'', and by adding at the end the
following new paragraph:
            ``(13) the deductions under part VI (section 161 and
        following) for expenses paid or incurred by the taxpayer in
        connection with the performance of services by such taxpayer as
        a member of a Reserve component of the Armed Forces (as defined
        in section 10101 of title 10, United States Code).''.
    (c) 50-Percent Ceiling on Deduction for Meal and Entertainment,
Etc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such
Code is amended by striking ``or'' at the end of subparagraph (D), by
striking the period at the end of subparagraph (E) and inserting ``,
or'', and by inserting after subparagraph (E) the following new
subparagraph:
                    ``(F) any expense in connection with the
                performance of services by the taxpayer as a member of
                a Reserve component of the Armed Forces (as defined in
                section 10101 of title 10, United States Code).''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the calendar year which includes
the date of the enactment of this Act.

Output: Reserve Employer Tax Credit Act of 2001 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; (2) a comparable credit for participating self-employed individuals; and (3) for the deduction of certain expenses paid or incurred by members of a Reserve component of the armed forces.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Life-Saving New Therapies
for Neonates Act of 2015''.

SEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR
              NEONATES.

    Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360aa et seq.) is amended by inserting after section 529
the following:

``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE
              THERAPIES FOR NEONATES.

    ``(a) Definitions.--In this section:
            ``(1) Neonatal drug.--The term `neonatal drug' means a drug
        for the prevention or treatment of a disease or condition of a
        preterm or full-term neonate.
            ``(2) Neonatal drug application.--The term `neonatal drug
        application' means a human drug application, as defined in
        section 735(1), that--
                    ``(A) is for a drug or biological product--
                            ``(i) that is for the prevention or
                        treatment of a disease or condition listed on
                        the Priority List of Critical Needs for
                        Neonates described in subsection (c); and
                            ``(ii) that contains no active ingredient
                        (including any ester or salt of the active
                        ingredient) that has been previously approved
                        in any other application under section
                        505(b)(1), 505(b)(2), or 505(j) of this Act or
                        section 351(a) or 351(k) of the Public Health
                        Service Act;
                    ``(B) is submitted under section 505(b)(1) of this
                Act or section 351(a) of the Public Health Service Act;
                    ``(C) the Secretary determines to be eligible for a
                neonatal drug exclusivity voucher, in accordance with
                subsection (b);
                    ``(D) relies on clinical data derived from studies
                examining a neonatal population and dosages of the drug
                intended for that population; and
                    ``(E) is approved after the date of the enactment
                of the Promoting Life-Saving New Therapies for Neonates
                Act of 2015.
            ``(3) Neonatal drug exclusivity voucher.--The term
        `neonatal drug exclusivity voucher' means a voucher issued by
        the Secretary to the sponsor of a neonatal drug application
        that entitles the holder of such voucher to one year of
        transferable extension of all existing patents and marketing
        exclusivities, including any extensions, for a single human
        drug with respect to an application submitted under section
        505(b)(1) or for a single human biologic product with respect
        to an application submitted under section 351(a) of the Public
        Health Service Act, including the 6-month period described in
        section 505A, the 4- and 5-year periods described in
        subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the
        3-year periods described in clauses (iii) and (iv) of
        subsection (c)(3)(E) and clauses (iii) and (iv) of subsection
        (j)(5)(F) of section 505, the 7-year period described in
        section 527, the 5-year period described in section 505E, and
        the 12-year period described in section 351(k)(7).
    ``(b) Neonatal Drug Exclusivity Voucher.--
            ``(1) In general.--The Secretary shall award a neonatal
        drug exclusivity voucher to the sponsor of a neonatal drug
        application upon approval by the Secretary of such neonatal
        drug application.
            ``(2) Transferability.--
                    ``(A) In general.--The sponsor of a neonatal drug
                application that receives a neonatal drug exclusivity
                voucher under this section may transfer (including by
                sale) the voucher to a sponsor of a human drug for
                which an application under section 505(b)(1) or section
                351 of the Public Health Service Act has been approved,
                will be submitted, or has been submitted.
                    ``(B) Nontransferability.--A neonatal exclusivity
                voucher may not be transferred to, or used for, a drug
                with respect to which all patents and exclusivities
                have expired as of the date of the transfer.
                    ``(C) Notification of transfer.--Each person to
                whom a voucher is transferred shall notify the
                Secretary of such change in ownership of the voucher
                not later than 30 calendar days after such transfer.
                    ``(D) Prohibition on additional fees.--The
                Secretary shall not apply a fee for the exercise of a
                voucher under this section. The preceding sentence
                shall not affect the authority of the Secretary to
                apply fees with respect to a neonatal drug application
                that are otherwise applicable under law.
                    ``(E) Revocation of voucher.--The Secretary may
                revoke any neonatal exclusivity voucher if the neonatal
                drug product for which such voucher was awarded is not
                marketed in the United States within the 365-day period
                beginning on the date of the approval of such drug
                under section 505 of this Act or section 351 of the
                Public Health Service Act.
            ``(3) Limitations.--
                    ``(A) No award for prior approved application.--A
                sponsor of a neonatal drug may not receive a voucher
                under this section if the neonatal drug application was
                submitted to the Secretary prior to the date of
                enactment of this section.
                    ``(B) Required pediatric research.--The Secretary
                shall limit grants of exclusivity under this section to
                drugs that are not required to complete neonatal
                studies under section 505B.
                    ``(C) No combining vouchers.--A sponsor may not use
                a neonatal exclusivity voucher on a product for which
                the sponsor also intends to use a voucher obtained or
                purchased pursuant to section 524 or section 529.
            ``(4) Notification of intent to use voucher.--
                    ``(A) Notification by sponsor.--The sponsor of a
                human drug application intending to use a voucher
                awarded or transferred under this section shall notify
                the Secretary not later than 15 months prior to loss of
                patent and exclusivities on the drug for which the
                voucher will be redeemed, in such form as the Secretary
                may require.
                    ``(B) Notification by secretary.--Within 30
                calendar days of such notification to the Secretary,
                the Secretary shall notify the sponsor of its
                eligibility to redeem a voucher for the intended drug.
    ``(c) Priority List of Critical Needs for Neonates.--
            ``(1) In general.--The Secretary, in consultation with the
        Pediatric Advisory Committee, the National Institutes of
        Health, the International Neonatal Consortium sponsored by
        Critical Path Institute, and other stakeholders, shall, within
        one year of the date of enactment of the Promoting Life-Saving
        New Therapies for Neonates Act of 2015--
                    ``(A) develop and publish a list of critical
                research priorities related to specific diseases or
                conditions common to the neonatal population (referred
                to as the `Priority List of Critical Needs for
                Neonates');
                    ``(B) issue guidance specific to the neonatal drug
                exclusivity voucher program; and
                    ``(C) perform other activities necessary to support
                neonatal drug applications.
            ``(2) Public comment.--The Secretary shall provide a period
        of public notice and comment on the proposed list and shall
        hold public meetings to elicit input from patient advocacy and
        other organizations prior to publishing the final list.
            ``(3) Subsequent update.--The Secretary may revise, and
        publish in accordance with paragraph (1)(A), the Priority List
        of Critical Needs for Neonates every 3 years, or as frequently
        as the Secretary determines necessary.
            ``(4) Restriction on removal from list.--No disease or
        condition on the Priority List of Critical Needs for Neonates
        may be removed until after completion of the study and report
        under subsection (d).
    ``(d) GAO Study and Report.--
            ``(1) Study.--
                    ``(A) In general.--Beginning 8 years after the date
                of enactment of the Promoting Life-Saving New Therapies
                for Neonates Act of 2015 or on the date that the
                Secretary awards the third neonatal exclusivity voucher
                under this section, whichever is earlier, the
                Comptroller General of the United States shall conduct
                a study of the effectiveness of the program under this
                section for the development of human drugs to treat and
                prevent diseases or conditions in the neonatal
                population.
                    ``(B) Contents of the study.--In conducting the
                study under subparagraph (A), the Comptroller General
                shall examine the following:
                            ``(i) The number of neonatal drug vouchers
                        awarded under this section.
                            ``(ii) The indications for each drug for
                        which a neonatal exclusivity voucher was
                        approved under section 505 or section 351 of
                        the Public Health Service Act, and whether any
                        other drugs with indications for populations
                        other than neonates were approved with an
                        indication for neonates under those sections.
                            ``(iii) Whether, and to what extent, an
                        unmet need related to the treatment or
                        prevention of a disease or condition that
                        affects the neonatal population was met through
                        the approval of a neonatal drug.
                            ``(iv) The value of the neonatal
                        exclusivity voucher if transferred.
                            ``(v) Identification of each drug for which
                        a neonatal exclusivity voucher was used.
                            ``(vi) The length of the period of time
                        between the date on which a neonatal
                        exclusivity voucher was awarded and the date on
                        which it was used.
            ``(2) Report.--Not later than 1 year after the date under
        paragraph (1)(A), the Comptroller General shall submit to the
        Committee on Health, Education, Labor, and Pensions of the
        Senate and the Committee on Energy and Commerce of the House of
        Representatives a report containing the results of the study
        under paragraph (1).''.

Output: Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program.