Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Employment Transition
Support Act of 2005'' or the ``VETS Act of 2005''.

SEC. 2. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO
              SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA.

    (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. 45J. CREDIT FOR EMPLOYERS HIRING MILITARY SERVICE PERSONNEL WHO
              SERVED IN A COMBAT ZONE OR A HAZARDOUS DUTY AREA.

    ``(a) General Rule.--For purposes of section 38, the military
service personnel employment credit for the taxable year shall be equal
to--
            ``(1) except as provided in paragraph (2), 40 percent of
        the qualified first-year wages for such year, and
            ``(2) in the case of a disabled qualified veteran, the
        applicable percentage of the qualified first-year wages for
        such year.
    ``(b) Qualified Wages.--For purposes of this section--
            ``(1) In general.--The term `qualified wages' means the
        wages paid or incurred by the employer during the taxable year
        to individuals who are qualified veterans.
            ``(2) Qualified first-year wages.--The term `qualified
        first-year wages' means, with respect to any individual,
        qualified wages attributable to service rendered during the 1-
        year period beginning with the day the individual begins work
        for the employer.
            ``(3) Wages.--The term `wages' has the meaning given such
        term by section 51(c), without regard to paragraph (4) thereof.
    ``(c) Qualified Veteran; Hiring Date.--For purposes of this
section--
            ``(1) In general.--The term `qualified veteran' means any
        individual who is certified by the designated local agency (as
        defined in section 51(d)(11))--
                    ``(A) as being a veteran (as defined in section
                51(d)(3)(B)) who performed services in an area
                designated by the President for purposes of this
                section as a combat zone or as a hazardous duty area,
                and
                    ``(B) as having been honorably discharged from
                active duty in the Armed Forces of the United States.
            ``(2) Hiring date.--The term `hiring date' has the meaning
        given such term by section 51(d).
    ``(d) Disabled Qualified Veteran; Applicable Percentage.--
            ``(1) In general.--The term `disabled qualified veteran'
        means any qualified veteran who is certified by the designated
        local agency (as so defined) as having a disability that has
        been determined under the laws administered by the Secretary of
        Veterans Affairs to be service-connected and that is rated by
        such Secretary (as of the date of the certification) as 10
        percent or more disabling.
            ``(2) Applicable percentage.--The term `applicable
        percentage' means the percentage determined in accordance with
        the following table:

``Percentage of disability:         Applicable  percentage:
At least 10 but not over 20.......  41
At least 20 but not over 30.......  42
At least 30 but not over 40.......  43
At least 40 but not over 50.......  44
At least 50 but not over 60.......  45
At least 60 but not over 70.......  46
At least 70 but not over 80.......  47
At least 80 but not over 90.......  48
At least 90 but not over 100......  49
100 percent.......................  50

    ``(e) Certain Rules to Apply.--Rules similar to the rules of
section 52, and subsections (d)(11), (f), (g), (i) (as in effect on the
day before the date of the enactment of the Taxpayer Relief Act of
1997), (j), and (k) of section 51, shall apply for purposes of this
section.''.
    (b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (18), by striking the period at the end of paragraph (19)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
            ``(20) the military service personnel employment credit
        determined under section 45J(a).''.
    (c) Technical Amendments.--
            (1) Clause (iii) of section 41(b)(2)(D) of such Code is
        amended to read as follows:
                            ``(iii) Exclusion for wages to which
                        employment credits apply.--The term `wages'
                        shall not include any amount taken into account
                        in determining the credit under section 45J(a)
                        or 51(a).''.
            (2) Subparagraph (B) of section 45A(b)(1) of such Code is
        amended to read as follows:
                    ``(B) Coordination with other employment credits.--
                The term `qualified wages' shall not include wages
                attributable to service rendered during the 1-year
                period beginning with the day the individual begins
                work for the employer if any portion of such wages is
                taken into account in determining the credit under
                section 45J or 51.''.
            (3) Subsection (a) of section 280C of such Code is amended
        by inserting ``45J(a),'' after ``45A(a),''.
            (4) Paragraph (3) of section 1396(c) of such Code is
        amended to read as follows:
            ``(3) Coordination with other employment credits.--
                    ``(A) In general.--The term `qualified wages' shall
                not include wages taken into account in determining the
                credit under section 45J or 51.
                    ``(B) Coordination with paragraph (2).--The $15,000
                amount in paragraph (2) shall be reduced for any
                calendar year by the amount of wages paid or incurred
                during such year which are taken into account in
                determining the credits under sections 45J and 51.''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45J. Credit for employers hiring military service personnel who
                            served in a combat zone or a hazardous duty
                            area.''.
    (e) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.

Output: Veterans' Employment Transition Support Act of 2005 or the VETS Act of 2005 - Amends the Internal Revenue Code to allow employers a general business tax credit for hiring veterans who served in a combat zone or a hazardous duty area and were honorably discharged from active duty. Sets the amount of such credit at 40 percent of the first-year wages of such veterans and increases the percentage of such credit for disabled veterans based upon their disability ratings.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Mariner and Vessel
Protection Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of the Act is to assist in the defense of United
States-flag vessels against piracy and to ensure the traditional right
of self-defense of those vessels against piracy.

SEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED
              STATES-FLAG VESSELS IN INTERNATIONAL WATERS.

    Section 70106 of title 46, United States Code, is amended by adding
at the end the following:
    ``(d) International Deployment.--
            ``(1) In general.--In addition to authorities provided
        under this section, the Commandant of the Coast Guard may
        deploy a maritime safety and security team on a temporary
        basis, not to exceed six months, to deter, protect against, and
        rapidly respond to acts of piracy against vessels (as defined
        in section 70122) in international waters.
            ``(2) Notification of congress.--The Commandant shall
        notify the Committee on Transportation and Infrastructure of
        the House of Representatives and the Committee on Commerce,
        Science, and Transportation of the Senate not later than 10
        days after the deployment of a maritime safety and security
        team authorized under this subsection.''.

SEC. 4. AUTHORITY TO USE FORCE.

    (a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 70122. Authority to use force
    ``(a) In General.--The Secretary shall issue regulations
establishing standards and circumstances under which an individual is
authorized to use force (including lethal force) against an individual
in the defense of a vessel against piracy.
    ``(b) Limitation on Liability.--
            ``(1) Liability of owners, operators and masters.--An
        owner, operator, time charterer, or master of vessel shall not
        be liable for damages in any action brought in a Federal or
        State court arising out of the use of force authorized under
        regulations under subsection (a), including the use of or
        failure to use a firearm so authorized.
            ``(2) Liability of an individual.--An individual shall not
        be liable for damages in any action brought in a Federal or
        State court arising out of use of force authorized under
        regulations under subsection (a) by that individual unless the
        individual is grossly negligent or engages in willful
        misconduct.
            ``(3) Liability of federal government.--For purposes of an
        action against the United States with respect to an act or
        omission arising out of a use of force authorized under
        regulations under subsection (a), an individual shall be
        treated as an employee of the Federal Government under chapter
        171 of title 28, relating to tort claims procedure.
            ``(4) Limitation on application.--The limitations on
        liability described in paragraphs (1), (2), and (3) apply only
        if the individual who uses force authorized under regulations
        under subsection (a)--
                    ``(A) holds a license issued under section 7101 or
                a merchant mariner document issued under section 7301;
                and
                    ``(B) in a case in which the use of force included
                the use of a firearm, has completed training certified
                by the Coast Guard for use of firearms aboard vessels.
    ``(c) Vessel Defined.--For purposes of this section, the term
`vessel' means a vessel for which the Secretary has issued a
certificate of inspection under section 3309 and that is operating in
waters designated by the Secretary as high-risk waters.''.
    (b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:

``70122. Authority to use force.''.
    (c) Deadlines.--The Secretary of the department in which the Coast
Guard is operating shall--
            (1) no later than 3 months after the date of enactment of
        this Act, issue regulations under section 70122(a) of title 46,
        United States Code, as amended by this section; and
            (2) in consultation with the Secretary of Defense and no
        later than 6 months after the date of enactment of this Act,
        issue regulations to certify, for purposes of section
        70122(b)(4)(B) of such title, courses to train on a recurrent
        basis individuals who hold a license issued under section 7101
        or a merchant mariner document issued under section 7301 in the
        use of firearms aboard vessels.

SEC. 5. AGREEMENTS.

    To carry out the purpose of this Act, the Secretary of the
department in which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements to promote
coordinated action among flag and port states to deter, protect
against, and rapidly respond to acts of piracy against the vessels of,
and in the waters under the jurisdiction of, those nations, and to
ensure limitations on liability similar to those established by section
70122 of title 46, United States Code, as amended by this Act.

Output:
United States Mariner and Vessel Protection Act of 2009 - Authorizes the Coast Guard's Commandant to deploy a maritime safety and security team for up to six months to deter, protect against, and rapidly respond to acts of piracy against vessels in international waters.

Directs the Secretary of the department in which the Coast Guard is operating to issue regulations establishing standards and circumstances under which an individual is authorized to use force (including lethal force) against an individual in the defense of a vessel against piracy.

Limits the liability of the individuals, the federal government, and owners, operators, and masters of vessels in actions arising out of a use of force authorized under the regulations.

Directs the Secretary to work through the International Maritime Organization (IMO) to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Inspector General Act Amendments of
2001''.

SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS.

    Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
    ``(e) An Inspector General (as defined under section 8G(a)(6) or
11(3)) may not receive any cash award or cash bonus, including any cash
award under chapter 45 of title 5, United States Code.''.

SEC. 3. EXTERNAL REVIEWS.

    (a) In General.--Section 4 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
    ``(e)(1)(A) Not less than every 3 years an external review shall be
conducted of each Office (as defined under section 8G(a)(5) or 11(4)).
    ``(B) The Inspector General of each Office as defined under section
8G(a)(5) or 11(4) shall arrange with the General Accounting Office or
an appropriate private entity for the conduct of the review.
    ``(C) If an Inspector General contracts with a private entity for a
review under this subsection, the private entity shall be contracted in
accordance with section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253).
    ``(2) At a minimum, an external review under this subsection shall
evaluate whether the Office properly manages and controls--
            ``(A) contracts awarded by the Office, including a
        determination of whether--
                    ``(i) procedures used to procure contracts are in
                accordance with applicable laws and regulations; and
                    ``(ii) costs incurred are reasonable and allowable
                under the terms of each contract;
            ``(B) appropriated funds, including a determination of
        whether training and travel funds are expended in accordance
        with applicable laws and regulations; and
            ``(C) personnel actions, including a determination of
        whether hiring and promotion practices used and performance
        awards issued are in accordance with applicable laws and
        regulations.
    ``(3) Not later than 30 calendar days after the completion of an
external review, a report of the results shall be submitted to the head
of the establishment and simultaneously to the appropriate committees
or subcommittees of the Congress.''.
    (b) Technical and Conforming Amendment.--The section heading for
section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended to read as follows:

    ``duties and responsibilities; report of criminal violations to
                 attorney general; external reviews''.

SEC. 4. ANNUAL REPORTS.

    (a) In General.--Section 5(a) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
            (1) by striking the first sentence and inserting ``Each
        Inspector General shall, not later than October 31 of each
        year, prepare an annual report summarizing the activities and
        accomplishments of the Office during the immediately preceding
        12-month period ending September 30.'';
            (2) by striking paragraphs (1) through (12) and inserting
        the following:
            ``(1) a summary of the program areas within the
        establishment identified by the Inspector General as high risk
        because of vulnerabilities to waste, fraud, abuse, and
        mismanagement;
            ``(2) a description of the most significant audits,
        investigations (administrative, civil, and criminal), and
        evaluations and inspections completed during the reporting
        period;
            ``(3) a summary of each report made to the head of the
        establishment under section 6(b)(2) during the reporting
        period;
            ``(4) a table showing--
                    ``(A)(i) the total number of final audit reports
                issued by the Office of Inspector General; and
                    ``(ii) the financial benefits associated with the
                reports segregated by category, such as budget
                reductions, costs avoided, questioned costs, and
                revenue enhancements; and
                    ``(B) corrective actions taken and program
                improvements made during the reporting period in
                response to either an Office of Inspector General audit
                finding or recommendation (excluding any recommendation
                included under subparagraph (A) with respect to such
                corrective actions);
            ``(5) a table showing--
                    ``(A) the judicial and administrative actions
                associated with investigations conducted by the Office
                of Inspector General;
                    ``(B) the number of--
                            ``(i) cases referred for criminal
                        prosecution, civil remedies, or administrative
                        actions;
                            ``(ii) cases presented but declined for
                        prosecution, segregated by criminal and civil;
                            ``(iii) cases accepted for prosecution
                        (both Federal and State), segregated by
                        criminal and civil;
                            ``(iv) defendants indicted;
                            ``(v) defendants convicted;
                            ``(vi) defendants acquitted or charges
                        dismissed after indictment;
                            ``(vii) defendants sentenced to terms of
                        imprisonment;
                            ``(viii) defendants sentenced to terms of
                        probation; and
                            ``(ix) suspensions, disbarments,
                        exclusions, sanctions, or some other similar
                        administrative action; and
                    ``(C) the total amount of fines, restitutions, and
                recoveries;
            ``(6) a description of the organization and management
        structure of the Office of Inspector General, including--
                    ``(A) an organization chart showing the major
                components of the Office;
                    ``(B) a statistical table showing the number of
                authorized full-time equivalent positions segregated by
                component and by headquarters and field office; and
                    ``(C) the amount of funding received in prior and
                current fiscal years;
            ``(7) a table showing--
                    ``(A) the number of contracts, and associated
                dollar value, awarded on a noncompetitive basis by the
                Office of Inspector General; and
                    ``(B) with respect to any individual contract
                valued over $100,000, awarded on a noncompetitive
                basis--
                            ``(i) the name of the contractor;
                            ``(ii) statement of work;
                            ``(iii) the time period of the contract;
                        and
                            ``(iv) the dollar amount of the contract;
            ``(8)(A) a summary of each audit report issued in previous
        reporting periods for which no management decision has been
        made by the end of the reporting period (including the date and
        title of each such report);
            ``(B) an explanation of the reasons such management
        decision has not been made; and
            ``(C) a statement concerning the desired timetable for
        achieving a management decision on each such report;'';
            (3) by redesignating paragraph (13) as paragraph (9);
            (4) in paragraph (9) (as redesignated by paragraph (3) of
        this subsection)--
                    (A) by striking ``section 05(b)'' and inserting
                ``section 804(b)''; and
                    (B) by striking the period and inserting ``; and'';
                and
            (5) by adding at the end the following new paragraph:
            ``(10) any other information that the Inspector General
        determines appropriate to include in the annual report.''.
    (b) Semiannual Reports.--Section 5 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f)(1) Subject to paragraph (4), in addition to any annual report
required to be furnished and transmitted under subsection (b), an
Inspector General shall prepare and submit a report described under
paragraph (2) to--
            ``(A) the applicable congressional committee, if the
        chairman or ranking member of a congressional committee with
        appropriate jurisdiction submits a written request to such
        Inspector General; or
            ``(B) to the Comptroller General of the United States if
        the Comptroller General submits a written request to such
        Inspector General.
    ``(2) A report referred to under paragraph (1) shall--
            ``(A) contain the information required for an annual report
        under subsection (a); and
            ``(B) summarize the activities of the Office during the 6-
        month period ending on March 31 of the calendar year following
        the date on which the request is made.
    ``(3) A report under this subsection shall be submitted on April 30
of the calendar year following the date on which the request is made.
    ``(4) An Inspector General shall not be required to submit a report
under this subsection if the written request for such report is
submitted to the Inspector General after November 30 of the calendar
year preceding the date on which the report is otherwise required to be
submitted to a congressional committee or the Comptroller General.''.
    (c) Submission of Other Reports.--Nothing in the amendments made by
this section shall be construed to limit an Inspector General from
submitting any report containing in whole or part information required
in an annual or semiannual report furnished and transmitted under
section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to the
Congress more frequently than on an annual or semiannual basis.
    (d) Technical and Conforming Amendments.--
            (1) Section 4(a)(2) of the Inspector General Act of 1978 (5
        U.S.C. App.) is amended by striking ``semiannual'' and
        inserting ``annual''.
            (2) Section 5 of the Inspector General Act of 1978 (5
        U.S.C. App.) is amended--
                    (A) in subsection (b)--
                            (i) by striking ``Semiannual'' and
                        inserting ``Annual''; and
                            (ii) by striking ``April 30 and''; and
                    (B) in subsection (c)--
                            (i) in the first sentence by striking
                        ``semiannual'' and inserting ``annual''; and
                            (ii) in the second sentence by striking
                        ``semiannual'' and inserting ``annual''.
            (3) Section 8(f) of the Inspector General Act of 1978 (5
        U.S.C. App.) is amended by striking ``semiannual'' and
        inserting ``annual''.

SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE.

    (a) Level IV Positions.--Section 5315 of title 5, United States
Code, is amended by striking each item relating to the following
positions:
            (1) Inspector General, Department of Education.
            (2) Inspector General, Department of Energy.
            (3) Inspector General, Department of Health and Human
        Services.
            (4) Inspector General, Department of Agriculture.
            (5) Inspector General, Department of Housing and Urban
        Development.
            (6) Inspector General, Department of Labor.
            (7) Inspector General, Department of Transportation.
            (8) Inspector General, Department of Veterans Affairs.
            (9) Inspector General, Department of Defense.
            (10) Inspector General, United States Information Agency.
            (11) Inspector General, Department of State.
            (12) Inspector General, Department of Commerce.
            (13) Inspector General, Department of the Interior.
            (14) Inspector General, Department of Justice.
            (15) Inspector General, Department of the Treasury.
            (16) Inspector General, Agency for International
        Development.
            (17) Inspector General, Environmental Protection Agency.
            (18) Inspector General, Federal Emergency Management
        Agency.
            (19) Inspector General, General Services Administration.
            (20) Inspector General, National Aeronautics and Space
        Administration.
            (21) Inspector General, Nuclear Regulatory Commission.
            (22) Inspector General, Office of Personnel Management.
            (23) Inspector General, Railroad Retirement Board.
            (24) Inspector General, Small Business Administration.
            (25) Inspector General, Federal Deposit Insurance
        Corporation.
            (26) Inspector General, Resolution Trust Corporation.
            (27) Inspector General, Central Intelligence Agency.
            (28) Inspector General, Social Security Administration.
            (29) Inspector General, United States Postal Service.
    (b) Level III Positions.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
            ``Inspector General, Department of Education.
            ``Inspector General, Department of Energy.
            ``Inspector General, Department of Health and Human
        Services.
            ``Inspector General, Department of Agriculture.
            ``Inspector General, Department of Housing and Urban
        Development.
            ``Inspector General, Department of Labor.
            ``Inspector General, Department of Transportation.
            ``Inspector General, Department of Veterans Affairs.
            ``Inspector General, Department of Defense.
            ``Inspector General, Department of State.
            ``Inspector General, Department of Commerce.
            ``Inspector General, Department of the Interior.
            ``Inspector General, Department of Justice.
            ``Inspector General, Department of the Treasury.
            ``Inspector General, Agency for International Development.
            ``Inspector General, Corporation for Community and National
        Service.
            ``Inspector General, Environmental Protection Agency.
            ``Inspector General, Federal Emergency Management Agency.
            ``Inspector General, General Services Administration.
            ``Inspector General, National Aeronautics and Space
        Administration.
            ``Inspector General, Nuclear Regulatory Commission.
            ``Inspector General, Office of Personnel Management.
            ``Inspector General, Railroad Retirement Board.
            ``Inspector General, Small Business Administration.
            ``Inspector General, Federal Deposit Insurance Corporation.
            ``Inspector General, Central Intelligence Agency.
            ``Inspector General, Social Security Administration.
            ``Inspector General, United States Postal Service.''.
    (c) Savings Provision.--Nothing in this section shall have the
effect of reducing the rate of pay of any individual serving as an
Inspector General on the effective date of this section.

SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES.

    (a) Study.--The Comptroller General of the United States shall--
            (1) develop criteria for determining whether the
        consolidation of Federal Inspector General offices would be
        cost-efficient and in the public interest; and
            (2) conduct a study of Federal Inspector General offices
        using the criteria developed under paragraph (1) to determine
        whether any such offices should be consolidated.
    (b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Congress containing recommendations for any legislative action,
based on the study conducted under subsection (a).

Output: Inspector General Act Amendments of 2001 - Amends the Inspector General Act of 1978 to prohibit the receipt of any cash award or cash bonus by an Inspector General.Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity.Changes the semiannual Office activities report to an annual report. Revises required elements of such reports.Sets forth new semiannual Office activities reporting requirements.Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule.Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; (2) study the offices using such criteria to determine whether any should be consolidated; and (3) report to Congress recommendations for legislative action based on the study.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Cat Public Safety Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of February 2016--
                    (A) the global illicit trade in wildlife is
                estimated to be worth up to $20,000,000,000 annually;
                and
                    (B) the legal wildlife trade in the United States
                was estimated to have a value of $2,800,000,000
                annually;
            (2) the illegal trade in prohibited wildlife species (as
        defined in section 2 of the Lacey Act Amendments of 1981 (16
        U.S.C. 3371)) stimulates demand and expands markets in which
        prohibited wildlife species are sold illegally;
            (3) private possession, breeding, and sale of prohibited
        wildlife species have substantial and detrimental effects on--
                    (A) the health and general welfare of the people of
                the United States; and
                    (B) the conservation of the prohibited wildlife
                species;
            (4) the private possession and breeding of prohibited
        wildlife species has a substantial and direct effect on
        interstate commerce because prohibited wildlife species are
        often--
                    (A) bred and possessed--
                            (i) for use in public exhibition; or
                            (ii) for sale or transfer of ownership in
                        the exotic pet trade; and
                    (B) transported in interstate commerce for the
                activities described in subparagraph (A);
            (5) the private possession and breeding of prohibited
        wildlife species contributes to interstate trafficking in
        prohibited wildlife species and may contribute to the
        international illegal trade in prohibited wildlife species;
            (6) prohibited wildlife species in private possession and
        prohibited wildlife species that are subject to intrastate
        distribution are fungible commodities that cannot be
        differentiated, for purposes of control, from prohibited
        wildlife species that are subject to interstate distribution;
            (7) it is exceedingly difficult to distinguish between--
                    (A) prohibited wildlife species that have been
                possessed, bred, sold, or transported in interstate
                commerce; and
                    (B) prohibited wildlife species that have not been
                possessed, bred, sold, or transported in interstate
                commerce;
            (8) Federal control of intrastate private possession and
        breeding of prohibited wildlife species is essential to the
        effective control of interstate trafficking in prohibited
        wildlife species; and
            (9) the United States is a party to the Convention on
        International Trade in Endangered Species of Wild Fauna and
        Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
        8249), which was designed to protect species of wild fauna and
        flora from exploitation through international trade.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
            (1) by redesignating subsections (a) through (k) as
        subsections (b) through (l), respectively; and
            (2) by inserting before subsection (b) (as so redesignated)
        the following:
    ``(a) Breed.--The term `breed' means to intentionally or
negligently--
            ``(1) facilitate propagation or reproduction; or
            ``(2) fail to prevent propagation or reproduction.''.
    (b) Conforming Amendments.--
            (1) Consolidated farm and rural development act.--Section
        349(a)(3) of the Consolidated Farm and Rural Development Act (7
        U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and
        inserting ``section 2(b)''.
            (2) Lacey act amendments of 1981.--
                    (A) Section 3(e)(2)(C) of the Lacey Act Amendments
                of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
                            (i) in clause (ii), by striking ``section
                        2(g)'' and inserting ``section 2(h)''; and
                            (ii) in clause (iii), by striking ``section
                        2(g)'' and inserting ``section 2(h)''.
                    (B) Section 7(c) of the Lacey Act Amendments of
                1981 (16 U.S.C. 3376(c)) is amended by striking
                ``section 2(f)(2)(A)'' and inserting ``section
                2(g)(2)(A)''.

SEC. 4. PROHIBITIONS.

    Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is
amended--
            (1) in subsection (a) --
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking the
                        semicolon at the end and inserting ``; or'';
                            (ii) in subparagraph (B)(iii), by striking
                        ``; or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by striking ``in paragraphs
                (1) through (3).'' and inserting ``in--
                    ``(A) paragraphs (1) through (3); or
                    ``(B) subsection (e).'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--It is unlawful for any person--
                    ``(A) to import, export, transport, sell, receive,
                acquire, or purchase a live animal of any prohibited
                wildlife species--
                            ``(i) in interstate or foreign commerce; or
                            ``(ii) in a manner substantially affecting
                        interstate or foreign commerce; or
                    ``(B) to breed or possess a live animal of any
                prohibited wildlife species.
            ``(2) Limitation on application.--Paragraph (1) does not
        apply to any person that--
                    ``(A) is an institution accredited by the
                Association of Zoos and Aquariums;
                    ``(B) is a facility that--
                            ``(i) has an active written contract with
                        an Association of Zoos and Aquariums Species
                        Survival Plan or Taxon Advisory Group for the
                        breeding of prohibited wildlife species; and
                            ``(ii) does not breed, acquire, or sell
                        prohibited wildlife species other than the
                        prohibited wildlife species covered by a
                        contract described in clause (i);
                    ``(C) is a State college, university, or agency, or
                State-licensed veterinarian;
                    ``(D)(i) is a wildlife sanctuary that cares for
                prohibited wildlife species;
                    ``(ii) is a corporation that--
                            ``(I) is exempt from taxation under section
                        501(a) of the Internal Revenue Code of 1986;
                        and
                            ``(II) is described in sections 501(c)(3)
                        and 170(b)(1)(A)(vi) of that Code;
                    ``(iii) does not commercially trade in prohibited
                wildlife species, including offspring, parts, and
                byproducts of prohibited wildlife species;
                    ``(iv) does not breed the prohibited wildlife
                species;
                    ``(v) does not allow direct contact between the
                public and prohibited wildlife species; and
                    ``(vi) does not allow the transportation and
                display of prohibited wildlife species off-site;
                    ``(E) has custody of the prohibited wildlife
                species solely for the purpose of expeditiously
                transporting the prohibited wildlife species to a
                person described in this paragraph with respect to the
                prohibited wildlife species;
                    ``(F)(i) is in possession of a prohibited wildlife
                species that was born before the date of enactment of
                the Big Cat Public Safety Act of 2016;
                    ``(ii) not later than 180 days after the date of
                enactment of the Big Cat Public Safety Act of 2016, is
                registered with the Animal and Plant Health Inspection
                Service;
                    ``(iii) does not breed, acquire, or sell any
                prohibited wildlife species after the date of enactment
                of that Act; and
                    ``(iv) does not allow direct contact between the
                public and prohibited wildlife species; or
                    ``(G)(i) holds a valid Class C license under the
                Animal Welfare Act (7 U.S.C. 2131 et seq.);
                    ``(ii) regularly travels across State lines to
                conduct circus performances featuring live prohibited
                wildlife species, clowns, and aerial acts;
                    ``(iii) engaged in the travel and conduct described
                in clause (ii) before January 1, 2015; and
                    ``(iv) does not allow direct contact between the
                public and prohibited wildlife species.''.

SEC. 5. PENALTIES.

    (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
            (1) by striking ``other than subsections (b), (d),'' and
        inserting ``other than subsections (b), (d), (e),''; and
            (2) by striking ``violates subsection (d)'' and inserting
        ``violates subsection (d), (e),''.
    (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(e),'' after ``(d),''; and
                    (B) by striking ``or'' after the comma at the end;
            (2) in subparagraph (B)--
                    (A) by inserting ``(e),'' after ``(d),''; and
                    (B) by adding ``or'' after the comma at the end;
                and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) knowingly violates section 3(e),''; and
            (4) in the undesignated matter following subparagraph (C)
        (as added by paragraph (3))--
                    (A) by striking ``knowing that'' and all that
                follows through ``treaty or regulation,''; and
                    (B) in the second sentence, by striking ``said fish
                or wildlife or plants'' and inserting ``fish or
                wildlife, plants, or prohibited wildlife species
                concerned''.

SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.

    Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)(1)) is amended--
            (1) by striking ``or plants'' and inserting ``, plants, or
        prohibited wildlife species bred, possessed,'';
            (2) by striking ``of this Act (other than subsection
        3(b))'' and inserting ``(other than subsection (b) of that
        section)''; and
            (3) by striking ``of this Act.'' and inserting a period.

SEC. 7. ADMINISTRATION.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
            ``(3) The Secretary, in consultation with other relevant
        Federal and State agencies, shall promulgate any regulations
        necessary to implement section 3(e).''.

SEC. 8. TECHNICAL CORRECTION.

    Section 4(e), and subsections (a) and (b)(2) of section 8, of the
Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by
striking ``Fishery Conservation and Management Act of 1976'' each place
it appears and inserting ``Magnuson-Stevens Fishery Conservation and
Management Act''.

Output: Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species (i.e., any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species). Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed.  The bill revises the list of entities that are exempt from Lacey Act prohibitions to include:   institutions accredited by the Association of Zoos and Aquariums;   certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species;  persons who do not allow the transportation and display of prohibited wildlife species off-site;  current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days; and  certain traveling circuses that hold Class C licenses under the Animal Welfare Act.  Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resource Efficient Appliance
Incentives Act of 2005.''.

SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES.

    (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. 45J. ENERGY EFFICIENT APPLIANCE CREDIT.

    ``(a) General Rule.--
            ``(1) In general.--For purposes of section 38, the energy
        efficient appliance credit determined under this section for
        any taxable year is an amount equal to the sum of the credit
        amounts determined under paragraph (2) for each type of
        qualified energy efficient appliance produced by the taxpayer
        during the calendar year ending with or within the taxable
        year.
            ``(2) Credit amounts.--The credit amount determined for any
        type of qualified energy efficient appliance is--
                    ``(A) the applicable amount determined under
                subsection (b) with respect to such type, multiplied by
                    ``(B) the eligible production for such type.
    ``(b) Applicable Amount.--
            ``(1) In general.--For purposes of subsection (a)--
                    ``(A) Dishwashers.--The applicable amount is the
                energy savings amount in the case of a dishwasher
                which--
                            ``(i) is manufactured in calendar year 2006
                        or 2007, and
                            ``(ii) meets the requirements of the Energy
                        Star program which are in effect for
                        dishwashers in 2007.
                    ``(B) Clothes washers.--The applicable amount is--
                            ``(i) $50, in the case of a clothes washer
                        which--
                                    ``(I) is manufactured in calendar
                                year 2005, and
                                    ``(II) has an MEF of at least 1.42,
                            ``(ii) $100, in the case of a clothes
                        washer which--
                                    ``(I) is manufactured in calendar
                                year 2005, 2006, or 2007, and
                                    ``(II) meets the requirements of
                                the Energy Star program which are in
                                effect for clothes washers in 2007, and
                            ``(iii) the energy and water savings
                        amount, in the case of a clothes washer which--
                                    ``(I) is manufactured in calendar
                                year 2008, 2009, or 2010, and
                                    ``(II) meets the requirements of
                                the Energy Star program which are in
                                effect for clothes washers in 2010.
                    ``(C) Refrigerators.--
                            ``(i) 15 percent savings.--The applicable
                        amount is $75 in the case of a refrigerator
                        which--
                                    ``(I) is manufactured in calendar
                                year 2005 or 2006, and
                                    ``(II) consumes at least 15 percent
                                less kilowatt hours per year than the
                                2001 energy conservation standard.
                            ``(ii) 20 percent savings.--In the case of
                        a refrigerator which consumes at least 20
                        percent less kilowatt hours per year than the
                        2001 energy conservation standards, the
                        applicable amount is--
                                    ``(I) $125 for a refrigerator which
                                is manufactured in calendar year 2005,
                                2006, or 2007, and
                                    ``(II) $100 for a refrigerator
                                which is manufactured in calendar year
                                2008.
                            ``(iii) 25 percent savings.--In the case of
                        a refrigerator which consumes at least 25
                        percent less kilowatt hours per year than the
                        2001 energy conservation standards, the
                        applicable amount is--
                                    ``(I) $175 for a refrigerator which
                                is manufactured in calendar year 2005,
                                2006, or 2007, and
                                    ``(II) $150 for a refrigerator
                                which is manufactured in calendar year
                                2008, 2009, or 2010.
            ``(2) Energy savings amount.--For purposes of paragraph
        (1)(A)--
                    ``(A) In general.--The energy savings amount is the
                lesser of--
                            ``(i) the product of--
                                    ``(I) $3, and
                                    ``(II) 100 multiplied by the energy
                                savings percentage, or
                            ``(ii) $100.
                    ``(B) Energy savings percentage.--For purposes of
                subparagraph (A), the energy savings percentage is the
                ratio of--
                            ``(i) the EF required by the Energy Star
                        program for dishwashers in 2007 minus the EF
                        required by the Energy Star program for
                        dishwashers in 2005, to
                            ``(ii) the EF required by the Energy Star
                        program for dishwashers in 2007.
            ``(3) Energy and water savings amount.--For purposes of
        paragraph (1)(B)(iii)--
                    ``(A) In general.--The energy and water savings
                amount is the lesser of--
                            ``(i) the product of--
                                    ``(I) $10, and
                                    ``(II) 100 multiplied by the energy
                                and water savings percentage, or
                            ``(ii) $200.
                    ``(B) Energy and water savings percentage.--For
                purposes of subparagraph (A), the energy and water
                savings percentage is the average of the MEF savings
                percentage and the WF savings percentage.
                    ``(C) MEF savings percentage.--For purposes of this
                subparagraph, the MEF savings percentage is the ratio
                of--
                            ``(i) the MEF required by the Energy Star
                        program for clothes washers in 2010 minus the
                        MEF required by the Energy Star program for
                        clothes washers in 2007, to
                            ``(ii) the MEF required by the Energy Star
                        program for clothes washers in 2010.
                    ``(D) WF savings percentage.--For purposes of this
                subparagraph, the WF savings percentage is the ratio
                of--
                            ``(i) the WF required by the Energy Star
                        program for clothes washers in 2010 minus the
                        WF required by the Energy Star program for
                        clothes washers in 2007, to
                            ``(ii) the WF required by the Energy Star
                        program for clothes washers in 2010.
    ``(c) Eligible Production.--
            ``(1) In general.--Except as provided in paragraphs (2) and
        (3), the eligible production in a calendar year with respect to
        each type of energy efficient appliance is the excess of--
                    ``(A) the number of appliances of such type which
                are produced by the taxpayer in the United States
                during such calendar year, over
                    ``(B) the average number of appliances of such type
                which were produced by the taxpayer (or any
                predecessor) in the United States during the preceding
                3-calendar year period.
            ``(2) Special rule for refrigerators.--The eligible
        production in a calendar year with respect to each type of
        refrigerator described in subsection (b)(1)(C) is the excess
        of--
                    ``(A) the number of appliances of such type which
                are produced by the taxpayer in the United States
                during such calendar year, over
                    ``(B) 110 percent of the average number of
                appliances of such type which were produced by the
                taxpayer (or any predecessor) in the United States
                during the preceding 3-calendar year period.
            ``(3) Special rule for 2005 production.--For purposes of
        determining eligible production for calendar year 2005--
                    ``(A) only production after the date of enactment
                of this section shall be taken into account under
                paragraphs (1)(A) and (2)(A), and
                    ``(B) the amount taken into account under
                paragraphs (1)(B) and (2)(B) shall be an amount which
                bears the same ratio to the amount which would (but for
                this paragraph) be taken into account under such
                paragraph as--
                            ``(i) the number of days in calendar year
                        2005 after the date of enactment of this
                        section, bears to
                            ``(ii) 365.
    ``(d) Types of Energy Efficient Appliance.--For purposes of this
section, the types of energy efficient appliances are--
            ``(1) dishwashers described in subsection (b)(1)(A),
            ``(2) clothes washers described in subsection (b)(1)(B)(i),
            ``(3) clothes washers described in subsection
        (b)(1)(B)(ii),
            ``(4) clothes washers described in subsection
        (b)(1)(B)(iii),
            ``(5) refrigerators described in subsection (b)(1)(C)(i),
            ``(6) refrigerators described in subsection
        (b)(1)(C)(ii)(I),
            ``(7) refrigerators described in subsection
        (b)(1)(C)(ii)(II),
            ``(8) refrigerators described in subsection
        (b)(1)(C)(iii)(I), and
            ``(9) refrigerators described in subsection
        (b)(1)(C)(iii)(II).
    ``(e) Limitations.--
            ``(1) Aggregate credit amount allowed.--The aggregate
        amount of credit allowed under subsection (a) with respect to a
        taxpayer for any taxable year shall not exceed $75,000,000
        reduced by the amount of the credit allowed under subsection
        (a) to the taxpayer (or any predecessor) for all prior taxable
        years.
            ``(2) Amount allowed for certain appliances.--
                    ``(A) In general.--In the case of appliances
                described in subparagraph (C), the aggregate amount of
                the credit allowed under subsection (a) with respect to
                a taxpayer for any taxable year shall not exceed
                $20,000,000 reduced by the amount of the credit allowed
                under subsection (a) to the taxpayer (or any
                predecessor) for all prior taxable years with respect
                to such appliances.
                    ``(B) Election to increase allowable credit.--In
                the case of any taxpayer who makes an election under
                this subparagraph--
                            ``(i) subparagraph (A) shall be applied by
                        substituting `$25,000,000' for `$20,000,000',
                        and
                            ``(ii) the aggregate amount of the credit
                        allowed under subsection (a) with respect to
                        such taxpayer for any taxable year for
                        appliances described in subparagraph (C) and
                        the additional appliances described in
                        subparagraph (D) shall not exceed $50,000,000
                        reduced by the amount of the credit allowed
                        under subsection (a) to the taxpayer (or any
                        predecessor) for all prior taxable years with
                        respect to such appliances.
                    ``(C) Appliances described.--The appliances
                described in this subparagraph are--
                            ``(i) clothes washers described in
                        subsection (b)(1)(B)(i), and
                            ``(ii) refrigerators described in
                        subsection (b)(1)(C)(i).
                    ``(D) Additional appliances.--The additional
                appliances described in this subparagraph are--
                            ``(i) refrigerators described in subsection
                        (b)(1)(C)(ii)(I), and
                            ``(ii) refrigerators described in
                        subsection (b)(1)(C)(ii)(II).
            ``(3) Limitation based on gross receipts.--The credit
        allowed under subsection (a) with respect to a taxpayer for the
        taxable year shall not exceed an amount equal to 2 percent of
        the average annual gross receipts of the taxpayer for the 3
        taxable years preceding the taxable year in which the credit is
        determined.
            ``(4) Gross receipts.--For purposes of this subsection, the
        rules of paragraphs (2) and (3) of section 448(c) shall apply.
    ``(f) Definitions.--For purposes of this section--
            ``(1) Qualified energy efficient appliance.--The term
        `qualified energy efficient appliance' means--
                    ``(A) any dishwasher described in subsection
                (b)(1)(A),
                    ``(B) any clothes washer described in subsection
                (b)(1)(B), and
                    ``(C) any refrigerator described in subsection
                (b)(1)(C).
            ``(2) Dishwasher.--The term `dishwasher' means a
        residential dishwasher subject to the energy conservation
        standards established by the Department of Energy.
            ``(3) Clothes washer.--The term `clothes washer' means a
        residential model clothes washer, including a residential style
        coin operated washer.
            ``(4) Refrigerator.--The term `refrigerator' means a
        residential model automatic defrost refrigerator-freezer which
        has an internal volume of at least 16.5 cubic feet.
            ``(5) MEF.--The term `MEF' means the modified energy factor
        established by the Department of Energy for compliance with the
        Federal energy conservation standards.
            ``(6) EF.--The term `EF' means the energy factor
        established by the Department of Energy for compliance with the
        Federal energy conservation standards.
            ``(7) WF.--The term `WF' means Water Factor (as determined
        by the Secretary of Energy).
            ``(8) Produced.--The term `produced' includes manufactured.
            ``(9) 2001 energy conservation standard.--The term `2001
        energy conservation standard' means the energy conservation
        standards promulgated by the Department of Energy and effective
        July 1, 2001.
    ``(g) Special Rules.--For purposes of this section--
            ``(1) In general.--Rules similar to the rules of
        subsections (c), (d), and (e) of section 52 shall apply.
            ``(2) Controlled group.--
                    ``(A) In general.--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 a single producer.
                    ``(B) Inclusion of foreign corporations.--For
                purposes of subparagraph (A), in applying subsections
                (a) and (b) of section 52 to this section, section 1563
                shall be applied without regard to subsection (b)(2)(C)
                thereof.
            ``(3) Verification.--No amount shall be allowed as a credit
        under subsection (a) with respect to which the taxpayer has not
        submitted such information or certification as the Secretary,
        in consultation with the Secretary of Energy, determines
        necessary.''.
    (b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``, plus'', and by adding at
the end the following new paragraph:
            ``(20) the energy efficient appliance credit determined
        under section 45J(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 adding at the end the following new item:

        ``Sec. 45J. Energy efficient appliance credit''.
    (d) Effective Date.--The amendments made by this section shall
apply to appliances produced after the date of the enactment of this
Act, in taxable years ending after such date.

Output: Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain water and energy efficient appliances (e.g., dishwashers, clothes washers, and refrigerators). Bases the amount of such credit on specified energy and water efficiency ratings.


Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Orphan Drug Act
Amendments of 1994 ''.
    (b) Reference.--Whenever in this Act (other than sections 5 and 6)
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 Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.).

SEC. 2. PERIOD OF EXCLUSIVITY.

    (a) Initial Period.--Subsection (a) of section 527 (21 U.S.C.
360cc) is amended--
            (1) by inserting ``(1)'' after ``(a)'';
            (2) by redesignating paragraphs (1), (2), and (3) as
        subparagraphs (A), (B), and (C), respectively;
            (3) by striking ``seven years'' and inserting ``4 years'';
        and
            (4) by striking ``505(c)(2)'' and inserting
        ``505(c)(1)(B)''.
    (b) Additional Period.--Subsection (a) of section 527 (21 U.S.C.
360cc) (as amended by subsection (a)) is amended by adding at the end
the following new paragraphs:
    ``(2) The holder of the approved application, certification, or
license of a drug to which the 4-year period of exclusivity applies
under paragraph (1) may, after the expiration of 3\1/2\ years of such
period but not later than 90 days before the expiration of such period,
apply to the Secretary for a 3-year extension of such period. Such an
application shall contain such information as the Secretary determines
is necessary to evaluate such application.
    ``(3) The Secretary shall approve an application submitted under
paragraph (2) if the applicant--
            ``(A) demonstrates that the drug has a limited commercial
        potential as determined under regulations of the Secretary,
        taking into account sales information respecting such drug and
        any other factor identified by the Secretary in such
        regulations that is relevant to the commercial potential of
        such drug, and
            ``(B) makes such demonstration on the basis of the
        regulations of the Secretary referred to in subparagraph (A)
        that were in effect--
                    ``(i) on the date--
                            ``(I) such drug received its designation
                        under section 526(a), or
                            ``(II) such applicant applied for an
                        exemption for such drug under section 505(i) or
                        507(d),
                whichever first occurs, or
                    ``(ii) if the date under clause (i) occurred before
                the date such regulations were in effect, on the date
                such regulations were in effect.''.
    (c) Conforming Amendment.--Section 527(b) (21 U.S.C. 360cc(b)) is
amended--
            (1) by striking ``during the seven-year period beginning on
        the date of the application approval'' and inserting ``during
        the applicable period of exclusivity under subsection (a)'';
        and
            (2) by striking ``such seven year period'' and inserting
        ``the applicable period of exclusivity under subsection (a)''.
    (d) Effective Date.--The amendments made by subsections (a) and (b)
shall not apply to a drug--
            (1) for which an application under section 505 or 507 of
        the Federal Food, Drug, and Cosmetic Act or section 351 of the
        Public Health Service Act was submitted before March 1, 1994;
        or
            (2) for which an exemption under section 505(i) or 507(d)
        of the Federal Food, Drug, and Cosmetic Act was in effect
        before March 1, 1994, for which human clinical trials were
        actively being conducted before such date, and for which an
        application for designation under section 526 of such Act was
        submitted before the date of enactment of the Orphan Drug Act
        Amendments of 1994.
The 7 year period of exclusivity provided by section 527(a) of the
Federal Food, Drug, and Cosmetic Act before the date of the enactment
of this Act shall, after such date, apply to a drug described in
paragraph (1) or (2).
    (e) Regulations.--The Secretary shall issue final regulations to
implement paragraphs (2) and (3) of section 527(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360cc) (as amended by subsection (b))
not later than 6 months after the date of the enactment of this Act.

SEC. 3. DESIGNATIONS.

    (a) In General.--Section 526(a)(2) (21 U.S.C. 360bb(a)(2)) is
amended to read as follows:
    ``(2) For purposes of paragraph (1), the term `rare disease or
condition' means any disease or condition that--
            ``(A) affects fewer than 200,000 persons in the United
        States determined on the basis of--
                    ``(i) the facts and circumstances as of the date
                the request for designation of the drug under this
                subsection is made, and
                    ``(ii) projections as to the number of persons who
                will be affected by the disease or condition on a date
                which is 3 years from date such request was made, or
            ``(B) affects more than 200,000 persons in the United
        States and for which there is no reasonable expectation that
        the cost of developing and making available in the United
        States a drug for such disease or condition will be recovered
        from sales in the United States of such drug.''.
    (b) Exclusivity.--Section 527(b) (21 U.S.C. 360cc(b)) is amended--
            (1) in paragraph (1), by striking ``or'' at the end of such
        paragraph;
            (2) by striking the period at the end of paragraph (2) and
        inserting ``; or'', and
            (3) by adding at the end the following new paragraph:
            ``(3) a drug has been designated under section 526 for a
        rare disease or condition described in section 526(a)(2)(A) and
        if after such designation it is determined that--
                    ``(A) such disease or condition affects more than
                200,000 persons in the United States; and
                    ``(B) such drug does not meet the requirement of
                section 526(a)(2)(B).''.

SEC. 4. SIMULTANEOUS DEVELOPMENT.

    (a) In General.--Section 527(b) (21 U.S.C. 360cc(b)), as amended by
section 3(b), is amended by--
            (1) inserting ``(1)'' after ``(b)'';
            (2) by redesignating paragraphs (1), (2), and (3) as
        subparagraphs (A), (B), and (C), respectively;
            (3) by striking ``for a person who is not'' and inserting
        ``for an applicant who is not''; and
            (4) by adding at the end the following new subparagraphs:
            ``(D) the Secretary finds, after providing the holder, such
        applicant, and any other interested person an opportunity to
        present their views, that the drugs of the holder and such
        applicant were developed simultaneously.
The Secretary shall make a decision on a request for a finding under
subparagraph (D) not later than 60 days after the filing of the
request.
    ``(2) For purposes of paragraph (1)(D), drugs of a holder and an
applicant shall be considered to be developed simultaneously only if--
            ``(A) the applicant requested that its drug be designated
        under section 526 not later than 6 months after publication of
        the designation under section 526(c) of the holder's drug;
            ``(B) the applicant initiated the human clinical trials
        that the applicant relied on in its application for such
        approval, certification, or license not more than 12 months
        after the date the holder initiated the human clinical trials
        that the holder relied on in its application for such approval,
        certification, or license; and
            ``(C) the applicant submitted such application, including
        the reports of the clinical and animal studies necessary for
        approval, certification, or licensing, not more than 12 months
        after the holder submitted its application, including such
        reports, for such action.
    ``(3) Paragraph (1)(D) does not apply to a drug--
            ``(A) for which an application under section 505 or 507 or
        section 351 of the Public Health Service Act was submitted
        before March 1, 1994; or
            ``(B) for which an exemption under section 505(i) or 507(d)
        was in effect before March 1, 1994, for which human clinical
        trials were actively being conducted before such date, and for
        which an application for designation under section 526 was
        submitted before the date of enactment of the Orphan Drug Act
        Amendments of 1994.''.
    (b) Publication.--Section 526(c) (21 U.S.C. 360bb(c)) is amended--
            (1) by inserting ``for a rare disease or condition'' after
        ``(a)''; and
            (2) by striking ``shall be made available to the public''
        and inserting ``shall be promptly published in the Federal
        Register and otherwise made available to the public in a manner
        designed to notify persons who have such disease or
        condition''.

SEC. 5. OFFICE FOR ORPHAN DISEASES AND CONDITIONS.

    Section 227 of the Public Health Service Act (42 U.S.C. 236) is
amended--
            (1) in subsection (a), to read as follows:
    ``(a) There is established in the Department of Health and Human
Services an Office for Orphan Diseases and Conditions. Such Office
shall be established at a level within the Department with sufficient
authority to assure full implementation of the functions and
responsibilities established by this section.'';
            (2) by striking ``Board'' each place the term appears and
        inserting ``Office'';
            (3) in subsection (b), by striking ``drugs and devices''
        and inserting ``drugs, devices, and medical foods'';
            (4) in subsection (c)(1)(A), by inserting ``of chapter V''
        after ``subchapter B'';
            (5) by adding at the end the following new subsection:
    ``(f)(1) There is established in the Office an advisory committee
to advise the Office in carrying out the functions of the Office under
this section.
    ``(2) The advisory committee shall be comprised of 11 members
appointed by the Secretary, in consultation with the Office and the
Commissioner of the Food and Drug Administration, from persons
knowledgeable about rare diseases and conditions, including--
            ``(A) 5 representatives of organizations of persons with
        rare diseases or conditions;
            ``(B) 3 research scientists; and
            ``(C) 3 representatives of health-related companies.
    ``(3) The Secretary shall also appoint, as liaisons to the advisory
committee, individuals from the Food and Drug Administration, the
National Institutes of Health, and other appropriate Federal agencies.
    ``(4) Vacancies occurring in the membership of the advisory
committee shall be filled in the same manner as the original
appointment for the position being vacated. Vacancies shall not affect
the power of the remaining members to execute the duties of the
advisory committee.
    ``(5) Members of the advisory committee, and liaisons to the
advisory committee, shall not be compensated, but shall receive travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter 1 of chapter 57
of title 5, United States Code, for each day the member or liaison is
engaged in the performance of duties away from the home or regular
place of business of the member or liaison.
    ``(6) Notwithstanding section 1342 of title 31, United States Code,
the advisory committee may accept the voluntary services provided by a
member of the advisory committee or a liaison to the advisory
committee.''; and
            (6) by amending the section heading to read as follows:

             ``office for orphan diseases and conditions''.

SEC. 6. AUTHORIZATION FOR ORPHAN DRUG ACT.

    Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended
by striking ``$10,000,000'' and all that follows and inserting
``$20,000,000 for fiscal year 1995, $25,000,000 for fiscal year 1996,
and $30,000,000 for fiscal year 1997.''.

Output:
Orphan Drug Act Amendments of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to change from seven to four years the period of market exclusivity guaranteed to any approved orphan drug.  Specifies that orphan drugs of "limited commercial potential," as defined by regulations to be issued by the Department of Health and Human Services, would qualify for an additional three years of exclusive marketing rights.
Permits more than one company to put a particular orphan drug on the market in instances where both companies were working on the drug in roughly the same time frame.
Provides for the withdrawal of exclusive marketing rights if the patient population for the approved treatment exceeds 200,000. Extends the authorization of the research grant program.  Replaces the existing Orphan Products Board with an Office for Orphan Diseases and Conditions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Medicare Reimbursement
Demonstration Act of 1997''.

SEC. 2. ESTABLISHMENT OF DEMONSTRATION PROJECT.

    (a) Authority.--
            (1) In general.--The Secretary of Veterans Affairs and the
        Secretary of Health and Human Services shall jointly carry out
        a demonstration project under which the Secretary of Health and
        Human Services provides the Department of Veterans Affairs with
        reimbursement, determined in accordance with section 3, from
        the medicare program for health care services provided to
        targeted medicare-eligible veterans in or through facilities of
        the Department of Veterans Affairs selected under subsection
        (b).
            (2) Duration.--The Secretaries shall conduct the
        demonstration project during the three-year period beginning on
        January 1, 1998.
            (3) Waiver of certain medicare requirements.--To the extent
        necessary to carry out the demonstration project, the Secretary
        of Health and Human Services may waive any requirement of part
        B of title XI of the Social Security Act, title XVIII of that
        Act, or a related provision of law.
    (b) Selection of Participating Facilities.--
            (1) Designation of service areas covered.--The Secretary of
        Veterans Affairs shall designate up to three geographic service
        areas from which facilities are selected to participate in the
        demonstration project.
            (2) Facility selection.--
                    (A) In general.--The Secretary, in consultation
                with the Secretary of Health and Human Services, shall
                establish a plan for the selection of facilities under
                the jurisdiction of the Secretary and located within a
                geographic service area designated under paragraph (1)
                to participate in the project.
                    (B) General criteria.--The selection plan shall
                favor selection of those facilities that are suited to
                serve targeted medicare-eligible individuals because--
                            (i) there is a high potential demand by
                        targeted medicare-eligible veterans for their
                        services;
                            (ii) they have sufficient capability in
                        billing and accounting to participate;
                            (iii) they have favorable indicators of
                        quality of care, including patient
                        satisfaction; and
                            (iv) they meet other relevant factors
                        identified in the plan.
                    (C) Facility near closed base.--There shall be at
                least one facility selected that is in the same
                catchment area as a military medical facility which was
                closed pursuant to either of the following laws:
                            (i) The Defense Base Closure and
                        Realignment Act of 1990 (part A of title XXIX
                        of Public Law 101-510; 10 U.S.C. 2687 note).
                            (ii) Title II of the Defense Authorization
                        Amendments and Base Closure and Realignment Act
                        (Public Law 100-526; 10 U.S.C. 2687 note).
    (c) Voluntary Participation.--Participation of targeted medicare-
eligible veterans in the demonstration project shall be voluntary,
subject to the capacity of participating facilities and the funding
limitations specified in section 3.
    (d) Cost Sharing.--The Secretary shall establish cost-sharing
requirements for veterans participating in the demonstration project.
Those requirements shall be the same as the requirements that apply to
targeted medicare-eligible patients at nongovernmental facilities.
    (e) Crediting of Payments.--Payments received by the Secretary
under the demonstration project shall be credited to the applicable
Department of Veterans Affairs medical appropriation.

SEC. 3. DETERMINATION OF REIMBURSEMENT AMOUNTS.

    (a) Payments Based on 95 Percent of Regular Medicare Payment
Rates.--
            (1) In general.--Subject to the succeeding provisions of
        this section, the Secretary of Health and Human Services shall
        reimburse the Secretary of Veterans Affairs for services
        provided under the demonstration project at a rate equal to 95
        percent of the amounts that otherwise would be payable under
        the medicare program on a non-capitated basis for such services
        if the facility were not a Federal facility, were participating
        in the program, and imposed charges for such services. In cases
        in which a payment amount may not otherwise be readily
        computed, the Secretaries shall establish rules for computing
        equivalent or comparable payment amounts.
            (2) Periodic payments from medicare trust funds.--Payments
        under this section shall be made--
                    (A) on a periodic basis consistent with the
                periodicity of payments under the medicare program; and
                    (B) in appropriate part, as determined by the
                Secretary of Health and Human Services, from the
                Federal Hospital Insurance Trust Fund and the Federal
                Supplementary Medical Insurance Trust Fund.
            (3) Annual limit on medicare payments.--The amount paid to
        the Department of Veterans Affairs under this section for any
        year for the demonstration project may not exceed $50,000,000.
    (b) Reduction in Payment for Failure to Maintain VA Effort.--
            (1) In general.--In order to avoid shifting onto the
        medicare program the costs of the Department of Veterans
        Affairs for hospital care and medical services for targeted
        medicare-eligible veterans, the payment amounts under this
        section for the project for a year shall be reduced by the
        amount (if any) by which--
                    (A) the amount of the actual VA medical
                expenditures for targeted veterans (as defined in
                paragraph (3)) for the fiscal year ending in such year,
                is less than
                    (B) the amount of the maintenance of effort level
                for such fiscal year, as determined under paragraph
                (2).
            (2) Maintenance of effort levels.--The maintenance of
        effort level for any fiscal year is the amount equal to the
        maintenance of effort level for the preceding fiscal year or,
        in the case of fiscal year 1998, the amount of VA medical
        expenditures for targeted veterans (as defined in paragraph
        (3)) for fiscal year 1997--
                    (A) increased or decreased by the same percentage
                as the percentage by which the amount of the medical
                care appropriation for the Department of Veterans
                Affairs for that fiscal year exceeds (or is less than,
                respectively) the amount of such appropriation for the
                preceding fiscal year; and
                    (B) decreased by the amount of the decrease (if
                any) in VA medical expenditures for targeted veterans
                for that fiscal year (relative to the preceding fiscal
                year) that, as estimated by the Secretaries, results
                from--
                            (i) a rate of increase in the level of
                        medical care appropriations for the Department
                        of Veterans Affairs described in subparagraph
                        (A) that is less than the general rate of
                        increase in health care costs; and
                            (ii) the reduction in priority in delivery
                        of services to targeted medicare-eligible
                        veterans attributable to the amendments made by
                        title I of the Veterans' Health Care
                        Eligibility Reform Act of 1996 (Public Law 104-
                        262; 110 Stat. 3177) and to implementation of
                        the plan developed pursuant to section 429 of
                        Public Law 104-204 (110 Stat. 2929).
            (3) VA medical expenditures for targeted veterans
        defined.--For purposes of this subsection, the term ``VA
        medical expenditures for targeted veterans'' means, with
        respect to a fiscal year, the amount expended by the Department
        of Veterans Affairs during the fiscal year for providing
        hospital care and medical services under chapter 17 of title
        38, United States Code to targeted medicare-eligible veterans.
        Such amount does not include--
                    (A) expenditures for the conduct of medical
                examinations to adjudicate claims under such title, or
                    (B) expenditures attributable to services for which
                reimbursement is made under the demonstration project.
    (c) Assuring No Increase in Cost to Medicare Program.--
            (1) Monitoring impact on costs to medicare program.--
                    (A) In general.--The Secretaries, in consultation
                with the Comptroller General, shall closely monitor the
                expenditures made under the medicare program for
                targeted medicare-eligible veterans during the period
                of the demonstration project compared to the
                expenditures that would have been made for such
                veterans during that period if the demonstration
                project had not been conducted.
                    (B) Auditing by the comptroller general.--Not later
                than December 31 of each year during which the
                demonstration project is conducted, the Comptroller
                General shall determine and submit to the Secretaries
                and the appropriate committees of Congress a report on
                the extent, if any, to which the costs of the Secretary
                of Health and Human Services under the medicare program
                increased during the preceding fiscal year as a result
                of the demonstration project.
            (2) Required response in case of increase in costs.--
                    (A) In general.--If the Secretaries find, based on
                paragraph (1), that the expenditures under the medicare
                program increased (or are expected to increase) during
                a fiscal year because of the demonstration project, the
                Secretaries shall take such steps as may be needed--
                            (i) to recoup for the medicare program the
                        amount of such increase in expenditures; and
                            (ii) to prevent any such increase in the
                        future.
                    (B) Steps.--Such steps--
                            (i) under subparagraph (A)(i) shall include
                        payment of the amount of such increased
                        expenditures by the Secretary from the current
                        medical care appropriation of the Department of
                        Veterans Affairs to the trust funds under the
                        medicare trust program; and
                            (ii) under subparagraph (A)(ii) shall
                        include suspending or terminating the
                        demonstration project (in whole or in part) or
                        substitution of a lower percentage for 95
                        percent under subsection (a)(1).

SEC. 4. EVALUATION AND REPORTS.

    (a) Annual Report by Independent Entity.--
            (1) In general.--The Secretaries shall arrange for an
        independent entity with expertise in the evaluation of health
        services to conduct an ongoing evaluation of the demonstration
        project.
            (2) Annual reports.--The entity shall submit a report on
        the project jointly to the Secretaries and to the appropriate
        committees of the Congress not later than March 1 following
        each year during which the project is conducted.
            (3) Assessment.--Each such report shall include the results
        of the evaluation under subsection (a), including an assessment
        of each of the following:
                    (A) The cost to the Department of Veterans Affairs
                of providing care to veterans under the project.
                    (B) Compliance of participating facilities with
                applicable measures of quality of care, compared to
                such compliance for other medicare-participating
                facilities.
                    (C) A comparison of the costs of facilities'
                participation in the program with the reimbursements
                provided for services of such facilities.
                    (D) Any savings or costs to the medicare programs
                from the project.
                    (E) Any change in access to care or quality of care
                for targeted medicare-eligible veterans participating
                in the project.
                    (F) Any effect of the project on the access to care
                of veterans who did not participate in the project and
                of targeted medicare-eligible veterans.
    (b) Report on Extension and Expansion of Demonstration Project.--
Not later than six months after the date of the submission of the final
report under subsection (a), the Secretaries shall submit to the
Congress a report containing their recommendation as to--
            (1) whether to extend the demonstration project or make it
        permanent;
            (2) whether to expand the project to cover additional sites
        and areas and to increase the maximum amount of reimbursement
        under the project in any year; and
            (3) whether the terms and conditions of the project should
        be continued (or modified) if the project is extended or
        expanded.
    (c) Recommendation Concerning New Demonstration Project for Payment
to Managed Health-Care Plans.--Not later than March 1, 1999, the
Secretaries shall submit to the appropriate committees of the Congress
a report on the feasibility and advisability of establishing a new
demonstration project to reimburse the Secretary of Veterans Affairs
under section 1876(a) of the Social Security Act for health care
services furnished to targeted medicare-eligible veterans enrolled in
managed health-care plans established by the Secretary.

SEC. 5. DEFINITIONS.

    For the purpose of this Act:
            (1) Demonstration project; project.--The terms
        ``demonstration project'' and ``project'' mean the
        demonstration project carried out under section 2(a).
            (2) Geographic service area.--The term ``geographic service
        area'' means a field component of the Veterans Health
        Administration that--
                    (A) is based on a geographic area which encompasses
                a population of veteran beneficiaries and is defined on
                the basis of natural patient referral patterns; and
                    (B) provides health care through strategic
                alliances among Department of Veterans Affairs medical
                centers, clinics, and other sites.
            (3) Medicare program.--The term ``medicare program'' means
        the programs of health benefits provided under title XVIII of
        the Social Security Act (42 U.S.C. 1395 et seq.).
            (4) Secretary; secretaries.--Unless otherwise provided, the
        term ``Secretary'' means the Secretary of Veterans Affairs and
        the term ``Secretaries'' means the Secretary of Veterans
        Affairs and the Secretary of Health and Human Services acting
        jointly.
            (5) Targeted medicare-eligible veteran.--The term
        ``targeted medicare-eligible veteran'' means an individual--
                    (A) who is a veteran (as defined in section 101(2)
                of title 38, United States Code) described in section
                1710(a)(3) of title 38, United States Code;
                    (B) who is entitled to hospital insurance benefits
                under part A of the medicare program and enrolled in
                the supplementary medical insurance program under part
                B of the medicare program; and
                    (C) whose annual income is an amount between the
                applicable income threshold under section 1722(b) of
                title 38, United States Code, and the amount equal to
                three times the amount of such applicable income
                threshold.

Output:
Veterans Medicare Reimbursement Demonstration Act of 1997 - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly carry out a demonstration project, during the three-year period beginning on January 1, 1998, under which the HHS Secretary provides the VA with reimbursement from the Medicare program (title XVIII of the Social Security Act) for health-care services provided to targeted Medicare-eligible veterans in or through selected VA medical centers.  Provides for the waiver of certain Medicare requirements in order to carry out the project.  Requires the VA Secretary to establish a plan for the selection of up to 12 medical centers located in geographically dispersed locations for project participation.  Requires at least one medical center selected to be in the same catchment area as a military medical facility which was closed pursuant to a defense base closure law.
 Requires project participation to be voluntary.  Directs the VA Secretary to establish requirements for participating veterans.
Authorizes the VA Secretary, in carrying out the demonstration project, to operate managed health care plans, either through the VA or public or private entities.  Directs the Secretary to prescribe minimum health care benefits to be provided under such plans.  Allows the Secretary to establish a managed health care plan only after:  (1) reporting to the Congress a plan for the use of such centers and facilities; and (2) receiving from the VA Inspector General certain certifications relating to costs and conformity with health plan requirements.
Requires project reimbursement at a rate equal to 95 percent of amounts that would otherwise be payable under the Medicare program if the facility was not a Federal facility, was participating in the project, and imposed charges for such services.  Excludes certain amounts from such computation.  Requires reimbursement payments periodically from Medicare trust funds, with an annual Medicare payment limit of $50 million, of which no more than $10 million may be used for the conduct of the project through managed health care plans. Requires reductions in such payments when the amount of the actual VA effort level for targeted veterans for that fiscal year is less than the amount of the VA effort level for FY 1997.
Directs the Secretaries to compare the expenditures made under the project to the expenditures that would have been made for such veterans if the project had not been conducted, and to take appropriate steps if the expenditures under the Medicare program increased as a result of the project.  Requires annual reports by the Comptroller General.
Prohibits the VA Secretary from carrying out a demonstration project at a medical center until 30 days after reporting to the Congress on plans for the selection of appropriate centers.
Requires:  (1) an independent entity to conduct an ongoing project evaluation and report results to the Secretaries and appropriate congressional committees; and (2) a report from the Secretaries to the Congress on possible project extension and expansion.