Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Traumatic Brain Injury Act of
2008''.

SEC. 2. CONFORMING AMENDMENTS RELATING TO RESTRUCTURING.

    Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended--
            (1) by redesignating the section 393B (42 U.S.C. 280b-1c)
        relating to the use of allotments for rape prevention
        education, as section 393A and moving such section so that it
        follows section 393;
            (2) by redesignating existing section 393A (42 U.S.C. 280b-
        1b) relating to prevention of traumatic brain injury, as
        section 393B; and
            (3) by redesignating the section 393B (42 U.S.C. 280b-1d)
        relating to traumatic brain injury registries, as section 393C.

SEC. 3. TRAUMATIC BRAIN INJURY PROGRAMS OF THE CENTERS FOR DISEASE
              CONTROL AND PREVENTION.

    (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section
393B(b)(3)(A) of the Public Health Service Act, as so redesignated, (42
U.S.C. 280b-1b) is amended by striking ``from hospitals and trauma
centers'' and inserting ``from hospitals and emergency departments''.
    (b) National Program for Traumatic Brain Injury Surveillance and
Registries.--Section 393C of the Public Health Service Act, as so
redesignated, (42 U.S.C. 280b et seq.) is amended--
            (1) in the section heading, by inserting ``surveillance
        and'' after ``national program for traumatic brain injury'';
        and
            (2) in subsection (a), in the matter preceding paragraph
        (1), by striking ``may make grants'' and all that follows
        through ``to collect data concerning--'' and inserting ``may
        make grants to States or their designees to develop or operate
        the State's traumatic brain injury surveillance system or
        registry to determine the incidence and prevalence of traumatic
        brain injury and related disability, to ensure the uniformity
        of reporting under such system or registry, to link individuals
        with traumatic brain injury to services and supports, and to
        link such individuals with academic institutions to conduct
        applied research that will support the development of such
        surveillance systems and registries as may be necessary. A
        surveillance system or registry under this section shall
        provide for the collection of data concerning--''.
    (c) Report.--Section 393C of the Public Health Service Act (as so
redesignated) is amended by adding at the end the following:
    ``(b) Not later than 18 months after the date of enactment of the
Traumatic Brain Injury Act of 2008, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention and the
Director of the National Institutes of Health and in consultation with
the Secretary of Defense and the Secretary of Veterans Affairs, shall
submit to the relevant committees of Congress a report that contains
the findings derived from an evaluation concerning activities and
procedures that can be implemented by the Centers for Disease Control
and Prevention to improve the collection and dissemination of
compatible epidemiological studies on the incidence and prevalence of
traumatic brain injury in those with traumatic brain injury who were
formerly in the military. The report shall include recommendations on
the manner in which such agencies can further collaborate on the
development and improvement of traumatic brain injury diagnostic tools
and treatments.''.

SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.

    Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended by inserting after section 393C, as so
redesignated, the following:

``SEC. 393C-1. STUDY ON TRAUMATIC BRAIN INJURY.

    ``(a) Study.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention with respect to paragraph
(1) and in consultation with the Director of the National Institutes of
Health and other appropriate entities with respect to paragraphs (2),
(3), and (4), may conduct a study with respect to traumatic brain
injury for the purpose of carrying out the following:
            ``(1) In collaboration with appropriate State and local
        health-related agencies--
                    ``(A) determining the incidence of traumatic brain
                injury and prevalence of traumatic brain injury related
                disability and the clinical aspects of the disability
                in all age groups and racial and ethnic minority groups
                in the general population of the United States,
                including institutional settings, such as nursing
                homes, correctional facilities, psychiatric hospitals,
                child care facilities, and residential institutes for
                people with developmental disabilities; and
                    ``(B) reporting national trends in traumatic brain
                injury.
            ``(2) Identifying common therapeutic interventions which
        are used for the rehabilitation of individuals with such
        injuries, and, subject to the availability of information,
        including an analysis of--
                    ``(A) the effectiveness of each such intervention
                in improving the functioning, including return to work
                or school and community participation, of individuals
                with brain injuries;
                    ``(B) the comparative effectiveness of
                interventions employed in the course of rehabilitation
                of individuals with brain injuries to achieve the same
                or similar clinical outcome; and
                    ``(C) the adequacy of existing measures of outcomes
                and knowledge of factors influencing differential
                outcomes.
            ``(3) Identifying interventions and therapies that can
        prevent or remediate the development of secondary neurologic
        conditions related to traumatic brain injury.
            ``(4) Developing practice guidelines for the rehabilitation
        of traumatic brain injury at such time as appropriate
        scientific research becomes available.
    ``(b) Dates Certain for Reports.--If the study is conducted under
subsection (a), the Secretary shall, not later than 3 years after the
date of the enactment of the Traumatic Brain Injury Act of 2008, submit
to Congress a report describing findings made as a result of carrying
out such subsection (a).
    ``(c) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to trauma including near drowning. The
Secretary may revise the definition of such term as the Secretary
determines necessary.''.

SEC. 5. TRAUMATIC BRAIN INJURY PROGRAMS OF THE NATIONAL INSTITUTES OF
              HEALTH.

    Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
            (1) in subsection (b)(2), by striking ``Labor and Human
        Resources'' and inserting ``Health, Education, Labor, and
        Pensions'';
            (2) in subparagraph (D) of subsection (d)(4), by striking
        ``head brain injury'' and inserting ``brain injury''; and
            (3) in subsection (i), by inserting ``, and such sums as
        may be necessary for each of the fiscal years 2009 through
        2012'' before the period at the end.

SEC. 6. TRAUMATIC BRAIN INJURY PROGRAMS OF THE HEALTH RESOURCES AND
              SERVICES ADMINISTRATION.

    (a) State Grants for Demonstration Projects Regarding Traumatic
Brain Injury.--Section 1252 of the Public Health Service Act (42 U.S.C.
300d-52) is amended--
            (1) in subsection (a)--
                    (A) by striking ``may make grants to States'' and
                inserting ``may make grants to States and American
                Indian consortia''; and
                    (B) by striking ``health and other services'' and
                inserting ``rehabilitation and other services'';
            (2) in subsection (b)--
                    (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and
                (3)(A)(iv), by striking the term ``State'' each place
                such term appears and inserting the term ``State or
                American Indian consortium''; and
                    (B) in paragraph (2), by striking ``recommendations
                to the State'' and inserting ``recommendations to the
                State or American Indian consortium'';
            (3) in subsection (c)(1), by striking the term ``State''
        each place such term appears and inserting ``State or American
        Indian consortium'';
            (4) in subsection (e), by striking ``A State that
        received'' and all that follows through the period and
        inserting ``A State or American Indian consortium that received
        a grant under this section prior to the date of the enactment
        of the Traumatic Brain Injury Act of 2008 may complete the
        activities funded by the grant.'';
            (5) in subsection (f)--
                    (A) in the subsection heading, by inserting ``and
                American Indian Consortium'' after ``State'';
                    (B) in paragraph (1) in the matter preceding
                subparagraph (A), paragraph (1)(E), paragraph (2)(A),
                paragraph (2)(B), paragraph (3) in the matter preceding
                subparagraph (A), paragraph (3)(E), and paragraph
                (3)(F), by striking the term ``State'' each place such
                term appears and inserting ``State or American Indian
                consortium''; and
                    (C) in clause (ii) of paragraph (1)(A), by striking
                ``children and other individuals'' and inserting
                ``children, youth, and adults'';
            (6) in subsection (h)--
                    (A) by striking ``Not later than 2 years after the
                date of the enactment of this section, the Secretary''
                and inserting ``Not less than biennially, the
                Secretary'';
                    (B) by striking ``Commerce of the House of
                Representatives, and to the Committee on Labor and
                Human Resources'' and inserting ``Energy and Commerce
                of the House of Representatives, and to the Committee
                on Health, Education, Labor, and Pensions''; and
                    (C) by inserting ``and section 1253'' after
                ``programs established under this section,'';
            (7) by amending subsection (i) to read as follows:
    ``(i) Definitions.--For purposes of this section:
            ``(1) The terms `American Indian consortium' and `State'
        have the meanings given to those terms in section 1253.
            ``(2) The term `traumatic brain injury' means an acquired
        injury to the brain. Such term does not include brain
        dysfunction caused by congenital or degenerative disorders, nor
        birth trauma, but may include brain injuries caused by anoxia
        due to trauma. The Secretary may revise the definition of such
        term as the Secretary determines necessary, after consultation
        with States and other appropriate public or nonprofit private
        entities.''; and
            (8) in subsection (j), by inserting ``, and such sums as
        may be necessary for each of the fiscal years 2009 through
        2012'' before the period.
    (b) State Grants for Protection and Advocacy Services.--Section
1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended--
            (1) in subsections (d) and (e), by striking the term
        ``subsection (i)'' each place such term appears and inserting
        ``subsection (l)'';
            (2) in subsection (g), by inserting ``each fiscal year not
        later than October 1,'' before ``the Administrator shall pay'';
            (3) by redesignating subsections (i) and (j) as subsections
        (l) and (m), respectively;
            (4) by inserting after subsection (h) the following:
    ``(i) Data Collection.--The Administrator of the Health Resources
and Services Administration and the Commissioner of the Administration
on Developmental Disabilities shall enter into an agreement to
coordinate the collection of data by the Administrator and the
Commissioner regarding protection and advocacy services.
    ``(j) Training and Technical Assistance.--
            ``(1) Grants.--For any fiscal year for which the amount
        appropriated to carry out this section is $6,000,000 or
        greater, the Administrator shall use 2 percent of such amount
        to make a grant to an eligible national association for
        providing for training and technical assistance to protection
        and advocacy systems.
            ``(2) Definition.--In this subsection, the term `eligible
        national association' means a national association with
        demonstrated experience in providing training and technical
        assistance to protection and advocacy systems.
    ``(k) System Authority.--In providing services under this section,
a protection and advocacy system shall have the same authorities,
including access to records, as such system would have for purposes of
providing services under subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.''; and
            (5) in subsection (l) (as redesignated by this subsection)
        by striking ``2002 through 2005'' and inserting ``2009 through
        2012''.

Output:
Traumatic Brain Injury Act of 2008 - (Sec. 3) Amends the Public Health Service Act to revise the national program for traumatic brain injury registries to make grants for state traumatic brain injury surveillance systems or registries (currently, only for registries) to: (1) determine the incidence and prevalence of traumatic brain injury and related disability; (2) ensure the uniformity of reporting under each such system or registry; (3) link individuals with traumatic brain injury to services and supports; and (4) link such individuals with academic institutions to conduct applied research.

Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to report to the relevant congressional committees on activities and procedures that can be implemented by the CDC to improve the collection and dissemination of compatible epidemiological studies on the incidence and prevalence of traumatic brain injury in those who were formerly in the military.

(Sec. 4) Authorizes the Secretary, acting through the Director of CDC, to conduct a study to: (1) determine the incidence of traumatic brain injury and prevalence of traumatic brain injury related disability; (2) report national trends in traumatic brain injury; (3) identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries; (4) identify interventions and therapies that can prevent or remediate the development of secondary neurologic conditions related to traumatic brain injury; and (5) develop practice guidelines for such rehabilitation.

(Sec. 5) Authorizes appropriations for FY2009-FY2012 for NIH's trauma research program.

(Sec. 6) Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia (currently, only to states) to improve access to rehabilitation and other services (currently, to health and other services) regarding traumatic brain injury. Authorizes appropriations for such grants for FY2009-FY2012.

Requires the Administrator and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit. Authorizes appropriations for FY2009-FY2012.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alternatives to Opioids (ALTO) in
the Emergency Department Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Opioids contributed to the deaths of more than 42,000
        people in 2016, more than any year on official record. Forty
        percent of all opioid overdose deaths involve a prescription
        opioid.
            (2) The economic burden of prescription opioid misuse in
        the United States is estimated to be $78,500,000,000 per year.
        This includes costs stemming from health care, including
        addiction treatment, lost productivity, and criminal justice
        involvement.
            (3) Over 200 million opioid prescriptions are written in
        the United States each year, and 2,000,000 Americans have the
        symptoms of substance use disorder.
            (4) Approximately 21 to 29 percent of patients prescribed
        opioids for chronic pain misuse them.
            (5) Emergency departments in several States, including in
        New Jersey and Colorado, have developed innovative programs to
        more widely utilize non-opioid pain treatments to reduce the
        use of opioids.

SEC. 3. EMERGENCY DEPARTMENT ALTERNATIVES TO OPIOIDS DEMONSTRATION
              PROGRAM.

    (a) Demonstration Program Grants.--The Secretary of Health and
Human Services acting through the Assistant Secretary for Mental Health
and Substance Use (in this section referred to as the ``Secretary'')
shall carry out a 3-year demonstration program under which the
Secretary shall award grants to eligible hospitals and emergency
departments, including freestanding emergency departments, to develop,
implement, enhance, or study alternative pain management protocols and
treatments that promote the appropriate limited use of opioids in
emergency departments.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), a hospital or emergency department shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
    (c) Geographic Diversity.--In awarding grants under this section,
the Secretary shall seek to ensure geographical diversity among grant
recipients.
    (d) Use of Funds.--In addition to the activities described in
subsection (a), grants under this section shall be used to--
            (1) target common painful conditions, which may include
        renal colic, sciatica, headaches, musculoskeletal pain, and
        extremity fractures;
            (2) train providers and other hospital personnel on
        protocols and use of treatments that promote the appropriate
        limited use of opioids in the emergency department;
            (3) collect data, including data required for the reporting
        requirement established under subsection (f); and
            (4) provide alternatives to opioids to patients with
        painful conditions, not including patients who present with
        pain related to cancer, end-of-life symptom palliation, or
        complex multisystem trauma.
    (e) Duties of the Secretary.--The Secretary shall offer to each
recipient of a grant under subsection (a) technical support through a
process that provides for--
            (1) the provision of information by the Secretary on
        alternative pain management protocols and treatments, which may
        include--
                    (A) non-opioid medications;
                    (B) protocols and treatments that do not involve a
                medication;
                    (C) alternative pain management protocols and
                treatments that are appropriate to use for specific
                common painful conditions, such as renal colic, back
                pain, pain from fractures, and other common painful
                conditions that present to the emergency department;
                    (D) the alternative pain management protocol or
                treatments, if any, that are appropriate for certain
                patient populations, such as geriatric patients,
                pregnant patients, and pediatric patients; and
                    (E) any other information the Secretary determines
                necessary; and
            (2) the provision of information by emergency departments
        and providers that have successfully implemented alternatives
        to opioids programs in the emergency department, promoting non-
        opioid protocols and medications while appropriately limiting
        the use of opioids.
    (f) Report to the Secretary.--Each recipient of a grant under this
section shall submit to the Secretary annual evaluations of the
progress of the program funded through the grant. These evaluations
shall include--
            (1) a description of and specific information about the
        alternative pain management protocols and treatments employed;
            (2) data on the alternative pain management protocols and
        treatments employed, including--
                    (A) during a baseline period before the program
                began, as defined by the Secretary;
                    (B) at various stages of the program, as determined
                by the Secretary;
                    (C) the conditions for which the alternative pain
                management protocols and treatments were employed; and
                    (D) data on patients' self-reported pain rating,
                using a pain scale model provided by the Secretary,
                before and after the alternative pain management
                protocol or treatment was provided;
            (3) data on the opioid prescriptions written, including--
                    (A) during a baseline period before the program
                began, as defined by the Secretary;
                    (B) at various stages of the program, as determined
                by the Secretary;
                    (C) the conditions for which the opioids were
                prescribed; and
                    (D) data on patients' self-reported pain rating,
                using a pain scale model provided by the Secretary,
                before and after the opioid prescription was provided;
            (4) the demographic characteristics of patients who were
        treated with an alternative pain management protocol, including
        age, sex, race, ethnicity, and insurance status and type;
            (5) data on patients who were eventually prescribed opioids
        after alternative pain management protocols and treatments were
        employed;
            (6) data on patients who were transitioned to inpatient
        care following treatment with an alternative pain management
        protocol and treatment; and
            (7) any other information the Secretary deems necessary.
    (g) Report to Congress.--Not later than 120 days after completion
of the demonstration program under this section, the Secretary shall
submit a report to the Congress on the results of the demonstration
program and include in the report--
            (1) the number of applications received and the number
        funded;
            (2) a summary of the evaluations described in subsection
        (f), including standardized data; and
            (3) recommendations for broader implementation of pain
        management protocols that limit the use of opioids in emergency
        departments or other areas of the health care delivery system.
    (h) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2019 through 2021.

Output: Alternatives to Opioids (ALTO) in the Emergency Department Act This bill requires the Department of Health and Human Services to carry out a three-year demonstration program awarding grants to hospitals and emergency departments to develop, implement, enhance, or study alternative pain management protocols and treatments that promote limited use of opioids in emergency departments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Business Development
Improvements Act of 2009''.

SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall
establish the Minority Business Development Program (hereinafter in
this Act referred to as the ``Program'') to assist qualified minority
businesses. The Program shall provide to such businesses the following:
            (1) Technical assistance.
            (2) Loan guarantees.
            (3) Contract procurement assistance.

SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.--For purposes of the Program, the Director may
certify as a qualified minority business any entity that satisfies each
of the following:
            (1) Not less than 51 percent of the entity is directly and
        unconditionally owned or controlled by historically
        disadvantaged individuals.
            (2) Each officer or other individual who exercises control
        over the regular operations of the entity is a historically
        disadvantaged individual.
            (3) The net worth of each principal of the entity is not
        greater than $2,000,000. (The equity of a disadvantaged owner
        in a primary personal residence shall be considered in this
        calculation.)
            (4) The principal place of business of the entity is in the
        United States.
            (5) Each principal of the entity maintains good character
        in the determination of the Director.
            (6) The entity engages in competitive and bona fide
        commercial business operations in not less than one sector of
        industry that has a North American Industry Classification
        System code.
            (7) The entity submits reports to the Director at such
        time, in such form, and containing such information as the
        Director may require.
            (8) Any additional requirements that the Director
        determines appropriate.
    (b) Term of Certification.--A certification under this section
shall be for a term of 5 years and may not be renewed.

SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.--In carrying out the Program, the Director may
provide to qualified minority businesses technical assistance with
regard to the following:
            (1) Writing business plans.
            (2) Marketing.
            (3) Management.
            (4) Securing sufficient financing for business operations.
    (b) Contract Authority.--The Director may enter into agreements
with persons to provide technical assistance under this section.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 to the Director to carry out this section.
Such sums shall remain available until expended.

SEC. 5. LOAN GUARANTEES.

    (a) In General.--Subject to subsection (b), the Director may
guarantee up to 90 percent of the amount of a loan made to a qualified
minority business to be used for business purposes, including the
following:
            (1) Purchasing essential equipment.
            (2) Payroll expenses.
            (3) Purchasing facilities.
            (4) Renovating facilities.
    (b) Terms and Conditions.--
            (1) In general.--The Director may make guarantees under
        this section for projects on such terms and conditions as the
        Director determines appropriate, after consultation with the
        Secretary of the Treasury, in accordance with this section.
            (2) Repayment.--No guarantee shall be made under this
        section unless the Director determines that there is reasonable
        prospect of repayment of the principal and interest on the
        obligation by the borrower.
            (3) Defaults.--
                    (A) Payment by director.--
                            (i) In general.--If a borrower defaults on
                        the obligation (as defined in regulations
                        promulgated by the Director and specified in
                        the guarantee contract), the holder of the
                        guarantee shall have the right to demand
                        payment of the unpaid amount from the Director.
                            (ii) Payment required.--Within such period
                        as may be specified in the guarantee or related
                        agreements, the Director shall pay to the
                        holder of the guarantee the unpaid interest on,
                        and unpaid principal of the obligation as to
                        which the borrower has defaulted, unless the
                        Director finds that there was no default by the
                        borrower in the payment of interest or
                        principal or that the default has been
                        remedied.
                            (iii) Forbearance.--Nothing in this
                        paragraph precludes any forbearance by the
                        holder of the obligation for the benefit of the
                        borrower which may be agreed upon by the
                        parties to the obligation and approved by the
                        Director.
                    (B) Subrogation.--
                            (i) In general.--If the Director makes a
                        payment under subparagraph (A), the Director
                        shall be subrogated to the rights of the
                        recipient of the payment as specified in the
                        guarantee or related agreements including,
                        where appropriate, the authority
                        (notwithstanding any other provision of law)
                        to--
                                    (I) complete, maintain, operate,
                                lease, or otherwise dispose of any
                                property acquired pursuant to such
                                guarantee or related agreements; or
                                    (II) permit the borrower, pursuant
                                to an agreement with the Director, to
                                continue to pursue the purposes of the
                                project if the Director determines this
                                to be in the public interest.
                            (ii) Superiority of rights.--The rights of
                        the Director, with respect to any property
                        acquired pursuant to a guarantee or related
                        agreements, shall be superior to the rights of
                        any other person with respect to the property.
                            (iii) Terms and conditions.--A guarantee
                        agreement shall include such detailed terms and
                        conditions as the Director determines
                        appropriate to--
                                    (I) protect the interests of the
                                United States in the case of default;
                                and
                                    (II) have available all the patents
                                and technology necessary for any person
                                selected, including the Director, to
                                complete and operate the project.
                    (C) Payment of principal and interest by
                director.--With respect to any obligation guaranteed
                under this section, the Director may enter into a
                contract to pay, and pay, holders of the obligation,
                for and on behalf of the borrower, from funds
                appropriated for that purpose, the principal and
                interest payments which become due and payable on the
                unpaid balance of the obligation if the Director finds
                that--
                            (i)(I) the borrower is unable to meet the
                        payments and is not in default;
                                    (II) it is in the public interest
                                to permit the borrower to continue to
                                pursue the purposes of the project; and
                                    (III) the probable net benefit to
                                the Federal Government in paying the
                                principal and interest will be greater
                                than that which would result in the
                                event of a default;
                            (ii) the amount of the payment that the
                        Director is authorized to pay shall be no
                        greater than the amount of principal and
                        interest that the borrower is obligated to pay
                        under the agreement being guaranteed; and
                            (iii) the borrower agrees to reimburse the
                        Director for the payment (including interest)
                        on terms and conditions that are satisfactory
                        to the Director.
                    (D) Action by attorney general.--
                            (i) Notification.--If the borrower defaults
                        on an obligation, the Director shall notify the
                        Attorney General of the default.
                            (ii) Recovery.--On notification, the
                        Attorney General shall take such action as is
                        appropriate to recover the unpaid principal and
                        interest due from--
                                    (I) such assets of the defaulting
                                borrower as are associated with the
                                obligation; or
                                    (II) any other security pledged to
                                secure the obligation.
            (4) Fees.--
                    (A) In general.--The Director shall charge and
                collect fees for guarantees in amounts the Director
                determines are sufficient to cover applicable
                administrative expenses, not to exceed 1 percent of the
                amount guaranteed.
                    (B) Availability.--Fees collected under this
                paragraph shall--
                            (i) be deposited by the Director into the
                        Treasury; and
                            (ii) remain available until expended,
                        subject to such other conditions as are
                        contained in annual appropriations Acts.
    (c) Credit Requirements.--To receive a loan guaranteed under this
section a qualified minority business shall--
            (1) be in good standing with regard to the credit of that
        business in the determination of the Director;
            (2) have received technical assistance under section 4; and
            (3) submit reports, at such time, in such form, and
        containing such information as the Director may require
        regarding the credit of the business.
    (d) Limits on Guarantee Amounts.--
            (1) Maximum amount of guarantee.--The Director may
        guarantee not more than $450,000 of any loan under this
        section.
            (2) Maximum gross loan amount.--A loan guaranteed under
        this section may not be for a gross loan amount in excess of
        $500,000.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Director not more than $500,000,000 to carry out
this section during fiscal years 2011 through 2016.

SEC. 6. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.--The Director may enter into agreements with the
United States Government and any department, agency, or officer thereof
having procurement powers for purposes of providing for the fulfillment
of procurement contracts and providing opportunities for qualified
minority businesses with regard to such contracts.
    (b) Qualifications on Participation.--The Director shall by rule
establish requirements for participation under this section by a
qualified minority business in a contract.
    (c) Annual Limit on Number of Contracts Per Qualified Minority
Business.--A qualified minority business may not participate under this
section in contracts in an amount that exceeds $10,000,000 for goods
and services each fiscal year.
    (d) Limits on Contract Amounts.--
            (1) Goods and services.--Except as provided in paragraph
        (2), a contract for goods and services under this section may
        not exceed $6,000,000.
            (2) Manufacturing and construction.--A contract for
        manufacturing and construction services under this section may
        not exceed $10,000,000.

SEC. 7. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the
Program for any violation of a requirement of sections 3 through 6 of
this Act by that qualified minority business, including the following:
            (1) Conduct by a principal of the qualified minority
        business that indicates a lack of business integrity.
            (2) Willful failure to comply with applicable labor
        standards and obligations.
            (3) Consistent failure to tender adequate performance with
        regard to contracts under the Program.
            (4) Failure to obtain and maintain relevant certifications.
            (5) Failure to pay outstanding obligations owed to the
        Federal Government.

SEC. 8. REPORTS.

    (a) Report of the Director.--Not later than October 1, 2011, and
annually thereafter, the Director shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing the activities of the Director during the preceding year
with respect to the Program.
    (b) Report of the Secretary of Commerce.--Not later than October 1,
2011, and annually thereafter, the Secretary of Commerce shall submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing the activities the Secretary engaged in
during the preceding year to build wealth among historically
disadvantaged individuals.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) The term ``historically disadvantaged individual''
        means any individual who is a member of a group that is
        designated as eligible to receive assistance under section
        1400.1 of title 15 of the Code of Federal Regulations, as in
        effect on January 1, 2009.
            (2) The term ``principal'' means any person that the
        Director determines to exercise significant control over the
        regular operations of a business entity.

Output:
Minority Business Development Improvements Act of 2009 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance, loan guarantees, and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance and loan guarantees authorized under the Program. Provides loan guarantee limits.

Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits.

Allows the Director to terminate a qualified minority business from the Program under specified circumstances.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Individual Social Security
Retirement Account Act of 1993''.

SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES.

    (a) Tax on Employees.--Subsection (a) of section 3101 of the
Internal Revenue Code of 1986 (relating to OASDI tax on employees) is
amended by striking the table and inserting the following:

``In cases of wages
                                                               The rate
  received during:
                                                              shall be:
                1993 or 1994.........................       6.2 percent
                1995 or thereafter...................    5.2 percent.''
    (b) Tax on Employers.--Subsection (a) of section 3111 of such Code
(relating to OASDI tax on employers) is amended by striking the table
and inserting the following:

``In cases of wages
                                                               The rate
  paid during:
                                                              shall be:
                1993 or 1994.........................       6.2 percent
                1995 or thereafter...................    5.2 percent.''
    (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such
Code of (relating to OASDI tax on self-employment income) is amended by
striking the table and inserting the following:

              ``In the case of a taxable year:

          Beginning after:           And before:            Percent:

      December 31, 1992......  January 1, 1995........  12.4
      December 31, 1994......  .......................  10.4.''

    (d) Effective Date.--The amendments made by this section shall
apply with respect to remuneration paid after December 31, 1994, and
with respect to earnings from self-employment attributable to taxable
years beginning after such date.

SEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL
              SECURITY PAYROLL DEDUCTION PLANS.

    (a) In General.--Title II of the Social Security Act is amended--
            (1) by inserting before section 201 the following:

                    ``Part A--Insurance Benefits'';

        and
            (2) by adding at the end the following new part:

                ``Part B--Individual Retirement Program

               ``social security payroll deduction plans

    ``Sec. 251. (a) In General.--Each person who is a covered employer
for any calendar year shall have in effect throughout such calendar
year a social security payroll deduction plan for such person's
eligible employees.
    ``(b) Requirements.--For purposes of this part, the term `social
security payroll deduction plan' means a written plan of a covered
employer if--
            ``(1) under such plan, the prescribed social security
        employee contribution is deducted from each eligible employee's
        wages and paid to an individual social security retirement
        account of such employee designated in accordance with section
        252,
            ``(2) under such plan, the covered employer pays the amount
        so deducted to the designated individual social security
        retirement account within 10 business days after the payment of
        the wages from which the amount was deducted,
            ``(3) under such plan, the covered employer pays to the
        individual social security retirement account, together with
        the contribution paid pursuant to paragraph (2), the prescribed
        social security employer contribution with respect to the
        eligible employee, and
            ``(4) the employer receives no compensation for the cost of
        administering such plan.
    ``(c) Amount Deducted May Be Accumulated by Employer in Certain
Cases.--If, under the terms of an individual social security retirement
account selected under section 252, contributions below a specified
amount will not be accepted, the requirements of subsection (b)(2)
shall be treated as met if amounts deducted from the wages of an
eligible employee are accumulated by the covered employer and paid to
such plan not later than 10 business days after the first day on which
the accumulated amount exceeds such specified amount.

    ``designation of individual social security retirement accounts

    ``Sec. 252. (a) In General.--Except as provided in subsection (b),
the individual social security retirement account to which
contributions with respect to any eligible employee are required to be
paid under section 251 shall be such an account designated by such
employee to such employer not later than 10 business days after the
date on which such employee becomes an eligible employee of such
employer. Any such designation shall be made in such form and manner as
may be prescribed in regulations of the Secretary.
    ``(b) Designation in Absence of Timely Designation by Employee.--In
any case in which no timely designation of the individual social
security retirement account is made, the covered employer shall
designate such account in accordance with regulations of the Secretary.
    ``(c) Subsequent Designation of Other Accounts.--The Secretary
shall provide by regulation for subsequent designation of other
individual social security retirement accounts of an eligible employee
in lieu of or in addition to accounts previously designated under this
section.

                      ``self-employed individuals

    ``Sec. 253. (a) In General.--Not later than 30 days after the close
of any taxable year for which there is imposed a tax under section
1401(a) of the Internal Revenue Code of 1986 on the self-employment
income of an individual, such individual shall pay to an individual
social security retirement account designated by such individual the
prescribed social security self-employment contribution with respect to
such individual for such taxable year.
    ``(b) Designation of Account.--The designation of an individual
social security retirement account for payment of prescribed social
security self-employment contributions shall be made in such form and
manner as may be prescribed in regulations of the Secretary.

                             ``definitions

    ``Sec. 254. For purposes of this part--
            ``(1) Individual social security retirement account.--The
        term `individual social security retirement account' means any
        individual retirement account (as defined in section 408(a) of
        the Internal Revenue Code of 1986) which is administered or
        issued by a bank (as defined in section 408(n) of such Code)
        and which meets the requirements of section 408A of such Code.
            ``(2) Covered employer.--The term `covered employer' means,
        for any calendar year, any person on whom an excise tax is
        imposed under section 3111 of the Internal Revenue Code of 1986
        with respect to having an individual in his employ to whom
        wages were paid by such person during such calendar year.
            ``(3) Eligible employee.--The term `eligible employee'
        means, in connection with any person who is a covered employer
        for any calendar year, any individual with respect to whose
        employment by such employer during such calendar year there is
        imposed an excise tax under section 3111 of the Internal
        Revenue Code of 1986.
            ``(4) Prescribed social security employee contribution.--
        The term `prescribed social security employee contribution'
        means, with respect to any eligible employee of a covered
        employer, an amount equal to 1 percent of the wages received by
        such employee with respect to employment by such employer.
            ``(5) Prescribed social security employer contribution.--
        The term `prescribed social security employer contribution'
        means, with respect to a covered employer of any eligible
        employee, 1 percent of the wages paid by such employer to such
        employee with respect to employment of such employee.
            ``(6) Prescribed social security self- employment
        contribution.--The term `prescribed social security self-
        employment contribution' means, with respect to the self-
        employment income of an individual for any taxable year, 2
        percent of the amount of such self-employment income for such
        taxable year.
            ``(7) Business day.--The term `business day' means any day
        other than a Saturday, Sunday, or legal holiday in the area
        involved.

                              ``penalties

    ``Sec. 255. (a) Failure To Establish Social Security Payroll
Deduction Plan.--Any covered employer who fails to meet the
requirements of section 251 for any calendar year shall be subject to a
civil penalty of not to exceed the greater of--
            ``(1) $50,000, or
            ``(2) $1,000 for each eligible employee of such employer as
        of the beginning of such calendar year.
    ``(b) Failure To Make Deductions Required Under Plan.--Any covered
employer who fails to timely deduct in full the amount from the wages
of an eligible employee required under an applicable social security
payroll deduction plan shall be subject to a civil penalty of not to
exceed $50 for each such failure.
    ``(c) Failure To Pay Deducted Wages to Individual Social Security
Retirement Account.--If an amount deducted from the wages of an
eligible employee under a social security payroll deduction plan is not
timely paid in full to the designated individual social security
retirement account in accordance with section 251--
            ``(1) the covered employer failing to make such payment
        shall be subject to a civil penalty of not to exceed 20 percent
        of the unpaid amount, and
            ``(2) shall be liable to the eligible employee for interest
        on the unpaid amount at a rate equal to 133 percent of the
        Federal short-term rate under section 1274(d)(1) of the
        Internal Revenue Code of 1986, calculated from the last day by
        which such amount was required to be so paid to the date on
        which such amount is paid into the designated individual social
        security retirement account.
    ``(d) Failure To Pay Prescribed Social Security Self-Employment
Contributions to Individual Social Security Retirement Account.--Any
individual failing to timely pay in full a prescribed social security
self-employment contribution to a designated individual social security
retirement account as required under section 253 shall be subject to a
civil penalty of not to exceed 20 percent of the unpaid amount, plus
interest on the unpaid amount at a rate equal to 133 percent of the
Federal short-term rate under section 1274(d)(1) of the Internal
Revenue Code of 1986, calculated from the last day by which such amount
was required to be so paid to the date on which such amount is paid
into the designated individual social security retirement account.
    ``(e) Rules for Application of Section.--
            ``(1) Penalties assessed by secretary.--Any civil penalty
        assessed by this section shall be imposed by the Secretary and
        collected in a civil action.
            ``(2) Compromises.--The Secretary may compromise the amount
        of any civil penalty imposed by this section.
            ``(3) Authority to waive penalty in certain cases.--The
        Secretary may waive the application of this section with
        respect to any failure if the Secretary determines that such
        failure is due to reasonable cause and not to intentional
        disregard of rules and regulations.''.
    (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a)
of section 6051 of the Internal Revenue Code of 1986 (relating to
receipts for employees) is amended--
            (1) by striking ``and'' at the end of paragraph (8),
            (2) by striking the period at the end of paragraph (9) and
        inserting ``, and'', and
            (3) by inserting after paragraph (9) the following new
        paragraph:
            ``(10) the total amount deducted from the employee's wages
        under a social security payroll deduction plan established
        under part B of title II of the Social Security Act.''
    (c) Exemption From ERISA Requirements.--Subsection (b) of section 4
of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1003(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(6) such plan is a social security payroll deduction plan
        established under part B of title II of the Social Security
        Act.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by subsection (a)
        shall apply with respect to wages paid in calendar years
        beginning on or after January 1, 1995.
            (2) Transitional rule.--Notwithstanding section 252(a) of
        the Social Security Act (as added by this Act), the initial
        designations of individual social security retirement accounts
        with respect to eligible employees employed by covered
        employers as of January 1, 1995, pursuant to such section may
        be made at any time not later than January 15, 1995.

SEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT
              ACCOUNTS.

    (a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408 the following new section:

``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS.

    ``(a) General Rule.--Except as provided in this section, an
individual social security retirement account shall be treated for
purposes of this title in the same manner as an individual retirement
plan.
    ``(b) Individual Social Security Retirement Account.--For purposes
of this section, the term `individual social security retirement
account' means an account established and administered in accordance
with part B of title II of the Social Security Act (relating to
individual retirement program).
    ``(c) Contribution Rules.--
            ``(1) No deduction allowed.--No deduction shall be allowed
        under section 219 for a contribution to an individual social
        security retirement account.
            ``(2) Contribution limit.--No amount, other than a
        prescribed contribution under part B of title II of the Social
        Security Act, may be accepted as a contribution to an
        individual social security retirement account.
    ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply
to any amount distributed from an individual social security retirement
account only to the extent such amount is paid into another such
account for the benefit of the individual for whom the account from
which such amount is transferred was maintained.''
    (b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 408 the
following new item:

                              ``Sec. 408A. Individual social security
                                        retirement accounts.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.

Output:
Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter.
Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees.  Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee.
Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution.
Sets forth penalties for failure to establish and maintain such accounts.
Requires amounts deducted from employee wages to be shown on wage receipts for employees.
Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans.
Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts.


Input:
SECTION 1. INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE
              PROGRAM.

    (a) Specific Appropriation or Contribution.--Section 1702 of the
Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless--
                    ``(A) an appropriation for the cost of the
                guarantee has been made;
                    ``(B) the Secretary has received from the borrower
                a payment in full for the cost of the guarantee and
                deposited the payment into the Treasury; or
                    ``(C) a combination of appropriations under
                subparagraph (A) or payments from the borrower under
                subparagraph (B) has been made that is sufficient to
                cover the cost of the guarantee.
            ``(2) Limitation.--The source of payments received from a
        borrower under subparagraph (B) or (C) of paragraph (1) shall
        not be a loan or other debt obligation that is made or
        guaranteed by the Federal Government.''; and
            (2) by adding at the end the following:
    ``(l) Credit Report.--If, in the opinion of the Secretary, a third-
party credit rating of the applicant or project is not relevant to the
determination of the credit risk of a project, if the project costs are
not projected to exceed $100,000,000, and the applicant agrees to
accept the credit rating assigned to the applicant by the Secretary,
the Secretary may waive any otherwise applicable requirement (including
any requirement described in part 609 of title 10, Code of Federal
Regulations) to provide a third-party credit report.
    ``(m) Direct Hire Authority.--
            ``(1) In general.--Notwithstanding sections 3304 and
        sections 3309 through 3318 of title 5, United States Code, the
        head of the loan guarantee program under this title (referred
        to in this subsection as the `Executive Director') may, on a
        determination that there is a severe shortage of candidates or
        a severe hiring need for particular positions to carry out the
        functions of this title, recruit and directly appoint highly
        qualified critical personnel with specialized knowledge
        important to the function of the programs under this title into
        the competitive service.
            ``(2) Exception.--The authority granted under paragraph (1)
        shall not apply to positions in the excepted service or the
        Senior Executive Service.
            ``(3) Requirements.--In exercising the authority granted
        under paragraph (1), the Executive Director shall ensure that
        any action taken by the Executive Director--
                    ``(A) is consistent with the merit principles of
                section 2301 of title 5, United States Code; and
                    ``(B) complies with the public notice requirements
                of section 3327 of title 5, United States Code.
            ``(4) Sunset.--The authority provided under paragraph (1)
        shall terminate on September 30, 2011.
    ``(n) Professional Advisors.--The Secretary may--
            ``(1) retain agents and legal and other professional
        advisors in connection with guarantees and related activities
        authorized under this title;
            ``(2) require applicants for and recipients of loan
        guarantees to pay all fees and expenses of the agents and
        advisors; and
            ``(3) notwithstanding any other provision of law, select
        such advisors in such manner and using such procedures as the
        Secretary determines to be appropriate to protect the interests
        of the United States and achieve the purposes of this title.
    ``(o) Multiple Sites.--Notwithstanding any contrary requirement
(including any provision under part 609.12 of title 10, Code of Federal
Regulations) an eligible project may be located on 2 or more non-
contiguous sites in the United States.''.
    (b) Applications for Multiple Eligible Projects.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Multiple Applications.--Notwithstanding any contrary
requirement (including any provision under part 609.3(a) of title 10,
Code of Federal Regulations), a project applicant or sponsor of an
eligible project may submit an application for more than 1 eligible
project under this section.''.
    (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at
the end the following:
            ``(4) Energy efficiency projects, including projects to
        retrofit residential, commercial, and industrial buildings,
        facilities, and equipment.''.
    (d) Fees; Professional Advisors.--Section 136 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
            (1) by striking subsection (f) and inserting the following:
    ``(f) Fees.--Except as otherwise permitted under subsection (i),
administrative costs shall be not more than $100,000 or 10 basis points
of the loan.'';
            (2) by redesignating subsections (i) and (j) as subsections
        (j) and (k), respectively; and
            (3) by inserting after subsection (h) the end the
        following:
    ``(i) Professional Advisors.--The Secretary may--
            ``(1) retain agents and legal and other professional
        advisors in connection with guarantees and related activities
        authorized under this section;
            ``(2) require applicants for and recipients of loan
        guarantees to pay directly, or through the payment of fees to
        the Secretary, all fees and expenses of the agents and
        advisors; and
            ``(3) notwithstanding any other provision of law, select
        such advisors in such manner and using such procedures as the
        Secretary determines to be appropriate to protect the interests
        of the United States and achieve the purposes of this
        section.''.

Output:
Amends the Energy Policy Act of 2005 (EPA) to prohibit federal loan guarantees for innovative technologies unless: (1) an appropriation for the cost of the guarantee has been made; (2) the Secretary of Energy (DOE) has received and deposited into the Treasury payment in full from the borrower for the cost of the guarantee; or (3) a combination of appropriations or payments from the borrower has been made that is sufficient to cover the cost of the guarantee.

Authorizes the Secretary to waive requirements to provide a third-party credit report if: (1) such report, in the Secretary's opinion, is not relevant to the determination of the credit risk of a project; (2) the project costs are not projected to exceed $100 million; and (3) the applicant agrees to accept the credit rating the Secretary assigns.

Authorizes the head of the loan guarantee program, if there is either a severe shortage of candidates or a severe hiring need for particular positions, to recruit and directly appoint into the competitive service highly qualified critical personnel with specialized knowledge important to program functions (direct hire authority).

Amends the EPA and the Energy Independence and Security Act of 2007 to authorize the Secretary to: (1) retain agents and professional advisors in connection with guarantees and related activities; and (2) require loan guarantee applicants and recipients to pay all fees and expenses of such agents and advisors.

Authorizes the Secretary to make energy efficiency loan guarantees for projects starting construction by September 30, 2011, to retrofit residential, commercial, and industrial buildings, facilities, and equipment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfield Redevelopment and
Economic Development Innovative Financing Act of 2014''.

SEC. 2. BROWNFIELD REDEVELOPMENT AND ECONOMIC DEVELOPMENT INNOVATIVE
              FINANCING PROGRAM.

    (a) Establishment and Purpose.--The Secretary of Housing and Urban
Development, in consultation with the Secretary of the Treasury, shall
establish a program, to be known as the Brownfield Redevelopment and
Economic Development Innovative Financing program, under which the
Secretary may guarantee, and make commitments to guarantee, the
repayment of principal and interest on loans made by lenders to local
governments, local redevelopment agencies, or BRAC redevelopment
projects for the purposes of carrying out projects for redeveloping
brownfields and promoting urban renewal.
    (b) Eligibility Requirements.--
            (1) Application.--A local government, local redevelopment
        agency, or BRAC redevelopment project shall be eligible to
        receive a loan guarantee under the Program only if such
        government, agency, or project submits to the Secretary (at
        such time and in such form as the Secretary may require)--
                    (A) a master plan that meets the requirements under
                subsection (c);
                    (B) a certification from the Environmental
                Protection Agency, or an entity designated by the
                Environmental Protection Agency, that the brownfield to
                be redeveloped under the master plan requires
                environmental remediation; and
                    (C) any other information as the Secretary may
                require.
            (2) Loan eligibility.--A loan may be guaranteed under the
        Program only if the loan meets the following requirements:
                    (A) Use.--Such loan shall be used for costs of
                carrying out a project to redevelop brownfields and
                promote urban renewal, which may include--
                            (i) acquisition of a brownfield site;
                            (ii) remediation of a brownfield site;
                            (iii) relocation of existing facilities in
                        operation on the redevelopment site; or
                            (iv) site preparation, including the
                        installation of utilities, sewers, storm
                        drains, and transportation facilities.
                    (B) Contamination.--A local government, local
                redevelopment agency, or BRAC redevelopment project may
                not receive a loan guarantee under the Program if the
                applying agency was responsible for contaminating a
                brownfield to be redeveloped using such loan.
                    (C) Number of loans.--A local government, local
                redevelopment agency, or BRAC redevelopment project may
                not at any time have more than one outstanding loan
                that is guaranteed under the Program.
                    (D) Amount of principal.--The original principal
                amount of such loan shall not--
                            (i) be less than $25,000,000; and
                            (ii) exceed the lesser of--
                                    (I) the total cost of the
                                redevelopment project for which the
                                loan is to be used; or
                                    (II) $150,000,000.
                    (E) Interest rate.--Such loan shall bear interest
                at a rate negotiated between the lender and the
                borrower, subject to any limitations that the Secretary
                may establish.
                    (F) Duration.--The term to maturity of such loan
                shall not be shorter than 20 years nor longer than 30
                years.
                    (G) Repayment.--Such loan--
                            (i) shall not require any repayment of
                        principal or interest within 10 years after the
                        date that the lender makes the loan to the
                        borrower; and
                            (ii) shall require that repayment shall
                        begin not later than 15 years after the date
                        that such loan is made.
    (c) Master Plan.--A master plan under this subsection shall
describe the proposed brownfield redevelopment project for which the
loan guarantee is to be made, and shall include--
            (1) a description of the project to be funded by the loan,
        including a schedule of activities to be undertaken and a
        budget for such project;
            (2) a demonstration that the brownfield redevelopment
        project will result in major redevelopment, based on economic
        development and environmental quality and restoration, in the
        community in which such project is located, which shall include
        information regarding--
                    (A) the extent of non-Federal funds committed to
                the project;
                    (B) the number of long-term jobs created by the
                project;
                    (C) the environmental remediation of brownfield
                sites due to the project;
                    (D) a description of the environmental and economic
                impact of the project on the community;
                    (E) the amount of affordable housing created by the
                project;
                    (F) the reduction of vehicle congestion and
                emissions expected to result from the project;
                    (G) the extent of integration of green technology
                into developments and buildings created by the project;
                    (H) the extent of improvement in air quality
                expected to result from the project; and
                    (I) the extent to which complete streets planning
                and transit-oriented development is incorporated into
                the project;
            (3) evidence of the commitments of investment from non-
        Federal entities, established through zoning or other
        documentation; and
            (4) a remediation action plan that has been approved by the
        Environmental Protection Agency, or its designee.
    (d) Selection Criteria.--The Secretary shall establish criteria for
selecting local governments, local redevelopment agencies, and BRAC
redevelopment projects to receive loan guarantees under the Program.
Such criteria shall take into consideration the information required
under subsection (c)(2). Such criteria shall provide that existing BRAC
redevelopment projects having existing Federal grants, loans, or other
assistance or commitments for Federal grants, loans, or other
assistance, shall be given additional favorable consideration toward
such selection.
    (e) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under this
section. Any such guarantee made by the Secretary shall be conclusive
evidence of the eligibility of the obligations for such guarantee with
respect to principal and interest, and the validity of any such
guarantee so made shall be incontestable in the hands of a holder of
the guaranteed obligations.
    (f) Protection Against Liability for Environmental Remediation.--
The Federal Government shall not be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) or any other Federal, State, or local law as a
result of a loan guarantee made under this section.
    (g) Processing; Repayment and Collateral; Congressional
Oversight.--
            (1) Processing.--The Secretary shall consider, process, and
        approve all requests for loan guarantees under this section
        using an approval process that is substantially identical to
        the approval process used for loan guarantees provided under
        section 108 of the Housing and Community Development Act of
        1974 (42 U.S.C. 5308).
            (2) Repayment schedule and collateralization.--To be
        eligible for a loan guarantee under this section, an applicant
        shall demonstrate a viable repayment schedule and shall provide
        sufficient collateral to ensure repayment of loans so
        guaranteed, which may be in the form of a pledge of grants for
        which the applicant may become eligible under title I of the
        Housing and Community Development Act of 1974 (42 U.S.C. 5301
        et seq.), except that the Secretary may not require a pledge of
        such grants as collateral and shall provide for applicants to
        provide collateral in other forms, at the option of the
        applicant.
            (3) Congressional oversight.--Before final approval of any
        loan guarantee under this section, the Secretary shall notify
        the Committees on Financial Services and Appropriations of the
        House of Representatives and Committees on Banking, Housing,
        and Urban Affairs and Appropriations of the Senate of such
        approval.
    (h) Definitions.--For purposes of this section the following
definitions shall apply:
            (1) BRAC redevelopment project.--The term ``BRAC
        redevelopment project'' means a project to redevelop a site
        that has been designated as a Base Realignment and Closure Site
        by the Secretary of Defense, through the Defense Base Closure
        and Realignment Commission, and is listed on the website of the
        Department of Defense as such a site.
            (2) Brownfield.--The term ``brownfield'' has the meaning
        given such term in section 101(39) of the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9601(39).
            (3) Local redevelopment agency.--The term ``local
        redevelopment agency'' means any agency, office, or division of
        a State government whose purpose includes improving blighted,
        deteriorated, or otherwise economically depressed areas.
            (4) Remediation action plan.--The term ``remediation action
        plan'' means, with respect to a brownfield redevelopment
        project, a document that describes how the project site will be
        remediated, what technology will be used to accomplish such
        remediation, and when the remediation actions will take place.
            (5) Program.--The term ``Program'' means the Brownfield
        Redevelopment and Economic Development Innovative Financing
        program established under this section.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
    (i) Regulations.--Not later than 6 months after the date of
enactment of this section, the Secretary shall issue regulations as may
be necessary to carry out the Program.
    (j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $100,000,000 for fiscal year 2015 for
costs (as such term is defined in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a)) of loans guaranteed under this
section, which amounts shall remain available through fiscal year 2019.

Output: Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish the Brownfield Redevelopment and Economic Development Innovative Financing Program, under which the Secretary may guarantee the repayment of loans made by lenders to local governments, local redevelopment agencies, or Base Realignment and Closure Commission (BRAC) redevelopment projects to carry out projects for redeveloping brownfields and promoting urban renewal. Requires such an entity, in order to receive such a loan guarantee, to submit: (1) a master plan that describes the proposed brownfield redevelopment project, demonstrates that such project will result in major redevelopment, provides evidence of investment commitments from non-federal entities, and includes a remediation action plan approved by the Environmental Protection Agency (EPA); and (2) a certification from EPA that the brownfield to be redeveloped requires environmental remediation. Prohibits an entity from: (1) receiving a loan guarantee if it was responsible for contaminating the brownfield to be redeveloped, or (2) having more than one outstanding loan that is guaranteed under the Program.  Sets forth requirements regarding an eligible loan's principal amount, interest rate, duration, and repayment terms. Directs the Secretary to establish criteria for selecting entities to receive loan guarantees.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Fraud Enforcement and
Prevention Act of 2010''.

SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID
              FRAUD.

    (a) In General.--Section 1128B of the Social Security Act (42
U.S.C. 1320a-7b) is amended--
            (1) in subsection (a), by striking ``$10,000 or imprisoned
        for not more than one year'' and inserting ``$20,000 or
        imprisoned for not more than two years''; and
            (2) in each of subsections (a), (b)(1), (b)(2), (c), and
        (d), by striking ``$25,000 or imprisoned for not more than five
        years'' and inserting ``$50,000 or imprisoned for not more than
        10 years''.
    (b) Illegal Distribution of Medicare or Medicaid Beneficiary
Identification or Billing Privileges.--Section 1128B of such Act (42
U.S.C. 1320a-7b) is amended by adding at the end the following new
subsection:
    ``(g) Whoever knowingly, intentionally, and with the intent to
defraud purchases, sells, or distributes, or arranges for the purchase,
sale, or distribution of two or more Medicare or Medicaid beneficiary
identification numbers or billing privileges under title XVIII or title
XIX shall be imprisoned for not more than three years or fined under
title 18, United States Code (or, if greater, an amount equal to the
monetary loss to the Federal and any State government as a result of
such acts), or both.''.
    (c) Effective Date.--The amendments made by this section shall
apply to acts committed on or after the date of the enactment of this
Act.

SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID
              FRAUD.

    (a) Civil Monetary Penalties Law Alignment and Other Changes.--
            (1) Section 1128A(a) of the Social Security Act (42 U.S.C.
        1320a-7a(a)) is amended--
                    (A) in paragraph (1), by striking ``to an officer,
                employee, or agent of the United States, or of any
                department or agency thereof, or of any State agency
                (as defined in subsection (i)(1)),'';
                    (B) by inserting after paragraph (10), as added by
                section 6402(d)(2) of the Patient Protection and
                Affordable Care Act (Public Law 111-148) the following
                new paragraphs:
            ``(11) conspires to commit a violation of this section; or
            ``(12) knowingly makes, uses, or causes to be made or used,
        a false record or statement material to an obligation to pay or
        transmit money or property to a Federal health care program, or
        knowingly conceals or knowingly and improperly avoids or
        decreases an obligation to pay or transmit money or property to
        a Federal health care program;'';
                    (C) in the first sentence--
                            (i) by striking ``or in cases under
                        paragraph (9)'' and inserting ``in cases under
                        paragraph (9)''; and
                            (ii) by striking ``fact)'' and inserting
                        ``fact), in cases under paragraph (11), $50,000
                        for any violation described in this section
                        committed in furtherance of the conspiracy
                        involved, and in cases under paragraph (12),
                        $50,000 for each false record or statement, or
                        concealment, avoidance, or decrease''; and
                    (D) in the second sentence, by striking ``material
                fact).'' and inserting ``material fact); or in cases
                under paragraph (11), an assessment of not more than 3
                times the total amount that would otherwise apply for
                any violation described in this section committed in
                furtherance of the conspiracy involved; or in cases
                under paragraph (12), an assessment of not more than 3
                times the total amount of the obligation to which the
                false record or statement was material or that was
                avoided or decreased.''.
            (2) Section 1128A(c)(1) of the Social Security Act (42
        U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and
        inserting ``10 years''.
            (3) Section 1128A(i) of the Social Security Act (42 U.S.C.
        1320a-7a(i)) is amended--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) The term `claim' means any application, request, or
        demand, whether under contract, or otherwise, for money or
        property for items and services under a Federal health care
        program (as defined in section 1128B(f)), whether or not the
        United States or a State agency has title to the money or
        property, that--
                    ``(A) is presented or caused to be presented to an
                officer, employee, or agent of the United States, or of
                any department or agency thereof, or of any State
                agency (as defined in subsection (i)(1)); or
                    ``(B) is made to a contractor, grantee, or other
                recipient if the money or property is to be spent or
                used on the Federal health care program's behalf or to
                advance a Federal health care program interest, and if
                the Federal health care program--
                            ``(i) provides or has provided any portion
                        of the money or property requested or demanded;
                        or
                            ``(ii) will reimburse such contractor,
                        grantee, or other recipient for any portion of
                        the money or property which is requested or
                        demanded.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) The term `item or service' means, without limitation,
        any medical, social, management, administrative, or other item
        or service used in connection with or directly or indirectly
        related to a Federal health care program.'';
                    (C) in paragraph (7)--
                            (i) by striking ``term `should know'
                        means'' and inserting ``terms `knowing',
                        `knowingly', and `should know' mean'';
                            (ii) by redesignating subparagraphs (A) and
                        (B) as subparagraphs (B) and (C), respectively;
                            (iii) by inserting before subparagraph (B),
                        as redesignated by clause (ii), the following
                        new subparagraph:
                    ``(A) has actual knowledge of the information;'';
                and
                            (iv) in the matter following subparagraph
                        (C), as redesignated by clause (ii)--
                                    (I) by inserting ``require'' after
                                ``and''; and
                                    (II) by striking ``is required'';
                                and
                    (D) by adding at the end the following new
                paragraphs:
            ``(8) The term `obligation' means an established duty,
        whether or not fixed, arising from an express or implied
        contractual, grantor-grantee, or licensor licensee
        relationship, from a fee-based or similar relationship, from
        statute or regulation, or from the retention of any
        overpayment.
            ``(9) The term `material' means having a natural tendency
        to influence, or be capable of influencing, the payment or
        receipt of money or property.''.
    (b) Exclusion of Responsible Corporate Officials.--Section 1128(b)
of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by
striking clauses (i) and (ii) of paragraph (15)(A) and inserting the
following:
                            ``(i) who has or had a direct or indirect
                        ownership or control interest in a sanctioned
                        entity at the time of and who knew or should
                        have known (as defined in section 1128(i)(7))
                        of any of the conduct that formed a basis for
                        the conviction or exclusion described in
                        subparagraph (B); or
                            ``(ii) who is or was an officer or managing
                        employee (as defined in section 1126(b)) of
                        such an entity at the time of any of the
                        conduct that formed a basis for the conviction
                        or exclusion so described.''.
    (c) Payment Suspensions.--Subsection (o)(1) of section 1862 of the
Social Security Act (42 U.S.C. 42 U.S.C. 1395y), as added by section
6402(h) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended by striking ``may'' and inserting ``shall''.
    (d) Civil Monetary Penalties for False Statements or Delaying
Inspections.--Paragraph (9) of section 1128A(a) of the Social Security
Act (42 U.S.C. 1320a-7a(a)), as added by section 6408(a) of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
inserting ``or to timely provide information in response to a request
authorized by section 1128J(b),'' after ``regulations),''.

SEC. 4. ENHANCED SCREENING, MEDICARE DATA-MINING SYSTEM; BIOMETRIC
              TECHNOLOGY PILOT PROGRAM.

    (a) Enhanced Screening.--Section 1866(j)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395cc(j)), as inserted by section 6401(a)(3)
of the Patient Protection and Affordable Care Act (Public Law 111-148),
is amended by striking ``may'' and inserting ``shall''.
    (b) Access to Real Time Claims and Payment Data.--
Section1128J(a)(2) of the Social Security Act, as added by section
6402(a) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended--
            (1) by inserting ``including real time claims and payment
        data,'' after ``access to claims and payment data''; and
            (2) by adding at the end the following sentence: ``In
        carrying out this section, the Inspector General of the
        Department of Health and Human Services, in consultation with
        the Attorney General, shall implement mechanisms for the
        sharing of information about suspected fraud relating to the
        Federal health care programs under titles XVIII, XIX, and XXI
        with other appropriate law enforcement officials.''.
    (c) Biometric Technology Pilot Program.--
            (1) In general.--By not later than one year after the date
        of the enactment of this Act, the Secretary of Health and Human
        Services shall carry out a 5-year pilot program that implements
        biometric technology to ensure that individuals entitled to
        benefits under part A of title XVIII of the Social Security Act
        or enrolled under part B of such title are physically present
        at the time and place of receipt of certain items and services
        (specified by the Secretary) for which payment may be made
        under such title. Under such pilot program the Secretary may
        provide for financial incentives to encourage voluntary
        participation of providers of services (as defined in section
        1861(u) of such Act) and suppliers (as defined in section
        1861(d) of such Act).
            (2) Reports.--The Secretary of Health and Human Services
        shall, for each of the third, fourth, and fifth years of the
        pilot program under paragraph (1), submit to Congress a report
        on the effectiveness of the pilot program in reducing the
        occurrence of waste, fraud, and abuse in the Medicare program
        under title XVIII of the Social Security Act.
            (3) Authorization of appropriations.--For purpose of
        carrying out paragraph (1), there is authorized to be
        appropriated such sums as may be necessary.

SEC. 5. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall
conduct a study on Medicare administrative contractors under section
1874A of the Social Security Act, including Recovery Audit Contractors,
regarding the following areas:
            (1) Training and expertise in identifying fraud, including
        the education levels of the key individuals tasked to identify
        or refer potential cases of fraud, and whether the Centers for
        Medicare & Medicaid Services should be providing more training
        to contractors, or require contractors to hire experts with
        greater medical training.
            (2) Acquisition and implementation of data mining software
        among Medicare administrative contractors, if applicable, and
        the ability or availability of such software to provide real-
        time data mining capabilities.
    (b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete the study under this section and submit a report to
Congress regarding the findings of the study and recommendations for
legislation and administrative action.

Output:
Medicare Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid).

Adds a new offense of distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud.

Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim.

Amends SSA title XVIII (Medicare), as amended by the Patient Protection and Affordable Care Act (PPACA), to revise screening requirements.

Amends SSA title XI, as amended by PPACA, to require the access to claims and payment data granted to Inspector General of the Department of Health and Human Services (HHS) and the Attorney General to include access to real time claims and payment data.

Requires the HHS Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials.

Directs the HHS Secretary to carry out a five-year pilot program that implements biometric technology to ensure that individuals entitled to benefits under Medicare part A or enrolled under Medicare part B are physically present at the time and place of receipt of certain items and services for which payment may be made.

Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.