SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Benefits for Seniors Act of 2000''. SEC. 2. REPEAL OF 1993 INCREASE IN TAX ON SOCIAL SECURITY BENEFITS. (a) In General.--Paragraph (2) of section 86(a) of the Internal Revenue Code of 1986 (relating to social security and tier 1 railroad retirement benefits) is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any taxable year beginning after December 31, 2000.'' (b) Conforming Amendments.-- (1) Paragraph (3) of section 871(a) of such Code is amended by striking ``85 percent'' in subparagraph (A) and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. IMPROVEMENT OF CONSUMER PRICE INDEX FOR THE ELDERLY BY CONGRESSIONALLY APPOINTED REVIEW COMMITTEE. (a) Establishment of Consumer Price Index Review Committee.-- (1) Establishment.--There is established a review committee to be known as the Consumer Price Index Review Committee (in this section referred to as the ``Committee''). (2) Membership.--The Committee shall be composed of 15 members jointly appointed by the leadership of the Senate and the House of Representatives of whom-- (A) 11 shall be leading experts in the field of economics and, to the extent feasible, familiar with the issues related to the calculation of changes in the cost of living; and (B) 4 shall be representatives of individuals who have attained age 65. (3) Terms and vacancies.-- (A) Terms.--A member of the Committee appointed under paragraph (2) shall be appointed for the duration of the Committee. (B) Vacancies.-- (i) In general.--A vacancy on the Committee shall be filled in the same manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (ii) Filling unexpired term.--An individual chosen to fill a vacancy shall be appointed for the duration of the Committee. (4) Initial meeting.--Not later than 30 days after the date on which all members of the Committee have been appointed, the Committee shall hold its first meeting. (5) Quorum.--A majority of the members of the Committee shall constitute a quorum, but a lesser number of members may hold hearings. (6) Chairperson and vice chairperson.--The Committee shall select a Chairperson and Vice Chairperson from among the members appointed under paragraph (2). (b) Duties.-- (1) Study and development of implementation plan.-- (A) In general.--The Committee shall conduct a study-- (i) to improve the method for determining an index, to be known as the ``Consumer Price Index for the Elderly''; (ii) to make recommendations addressing the limitations of the method for determining the Experimental Consumer Price Index for the Elderly calculated by the Bureau of Labor Statistics to ensure that the improved index accurately measures changes over time in expenditures for consumption that are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (iii) to develop an implementation plan. (B) Study requirements.--The study described in subparagraph (A) shall include the following requirements: (i) The Consumer Price Index for the Elderly shall be based on an accurate market basket of goods and services that reflect a representative collection of typical purchases by the total retiree population in the United States who receive old-age and survivors insurance benefits under title II of such Act. (ii) The Consumer Expenditure Survey used by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be re-designed and expanded to collect expenditure patterns representative of such total retiree population. (iii) The areas and outlets priced by the Bureau of Labor Statistics to calculate the Experimental Consumer Price Index for the Elderly shall be modified to reflect a representation of the places of purchase for such total retiree population. (iv) The categories of items to be priced shall be selected to represent such total retiree population. (v) The prices collected shall adequately reflect the availability of discount prices for such total retiree population. (vi) Any other limitations otherwise found to affect the accuracy of the Consumer Price Index for the Elderly shall be removed. (C) Additional study.--The Committee shall also study the method for determining an accurate consumer price index for individuals who receive disability insurance benefits under title II of such Act. (2) Report.-- (A) In general.--Subject to subparagraph (B), not later than 1 year after the initial meeting of the Committee under subsection (a)(4), the Committee shall submit a report to Congress on the study conducted in accordance with paragraph (1). (B) Required approval.--The Committee shall not submit a report under subparagraph (A) unless the report has the approval of at least 9 members of the Committee. (c) Powers.-- (1) Hearings.--The Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out the purposes of this section. (2) Information from federal agencies.--The Committee may secure directly from any Federal department or agency such information as the Committee considers necessary to carry out this section, including the published and unpublished data and analytical products of the Bureau of Labor Statistics. Upon request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Committee in a timely manner. (3) Postal services.--The Committee may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Committee may accept, use, and dispose of gifts or donations of services or property. (d) Personnel Matters.-- (1) Compensation of members.--Each member of the Committee who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Committee. All members of the Committee who otherwise are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (3) Staff.-- (A) In general.--The Chairperson of the Committee may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties. The employment of an executive director shall be subject to confirmation by the Committee. (B) Compensation.--The Chairperson of the Committee may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level IV of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Committee without additional reimbursement (other than the employee's regular compensation), and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairperson of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination.--The Committee shall terminate 1 year after the date of the initial meeting of the Committee under subsection (a)(4). (f) Authorization of Appropriations.--There are authorized to be appropriated to the Committee such sums as are necessary to carry out the purposes of this section. SEC. 4. BUREAU OF LABOR STATISTICS PILOT PROGRAM TO TEST CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Pilot Program.--The Commissioner of the Bureau of Labor Statistics shall establish a pilot program to test the accuracy of an operational index to be recommended by the Consumer Price Index Review Committee under section 3 and to be known as the ``Consumer Price Index for the Elderly'', which indicates changes over time in expenditures for consumption which are typical for retirees in the United States who receive old-age and survivors insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.). (b) Duration of Pilot Program.--The pilot program shall commence with the first month that begins after the date of the submission of the report under section 3(b)(2) and shall continue through December 2003. SEC. 5. INTERIM APPLICATION OF CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS. For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B)) occurring during the period that begins on January 1, 2001, and ends with the implementation of the Official Consumer Price Index for the Elderly under section 6(b), the Commissioner of Social Security, notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, shall use the Consumer Price Index for All Urban Consumers to calculate cost-of- living adjustments for benefits described in section 6(b)(1). SEC. 6. APPLICATION OF CONSUMER PRICE INDEX FOR THE ELDERLY. (a) Implementation.-- (1) Commissioner of bureau of labor statistics.-- (A) In general.--Subject to subparagraph (B), not later than the fourth year that begins after the Consumer Price Index Review Committee submits the report required under section 3(b)(2), the Commissioner of the Bureau of Labor Statistics shall prepare and publish monthly the Official Consumer Price Index for the Elderly based on the implementation plan and recommendations included in that report. (B) No implementation if congressional disapproval of committee report.--Subparagraph (A) shall not apply if a joint resolution is enacted, in accordance with paragraph (2), disapproving the report submitted by the Consumer Price Index Review Committee before the end of the 90-day period that begins on the date on which the Review Committee submits the report. (C) Exclusion of certain days.--For purposes of subparagraph (B) and paragraph (2), the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain shall be excluded from the computation of the period. (2) Congressional consideration.-- (A) Terms of the resolution.--For purposes of paragraph (1)(A), the term ``joint resolution'' means only a joint resolution that is introduced within the period described in that paragraph and-- (i) that does not have a preamble; (ii) the matter after the resolving clause of which is as follows: ``That Congress disapproves the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly submitted on ________.'', the blank space being filled in with the appropriate date; and (iii) the title of which is as follows: ``Joint resolution disapproving the report of the Consumer Price Index Review Committee regarding the implementation of the Consumer Price Index for the Elderly.''. (B) Referral.--A resolution described in subparagraph (A) that is introduced-- (i) in the House of Representatives, shall be referred to the Committee on Ways and Means; and (ii) in the Senate, shall be referred to the Committee on Finance. (C) Discharge.--If a committee to which a resolution described in subparagraph (A) is referred has not reported such resolution by the end of the 60- day period beginning on the date on which the Consumer Price Index Review Committee submits the report required under section 3(b)(2), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (D) Consideration.--On or after the third day after the date on which the committee to which a resolution described in subparagraph (A) has reported, or has been discharged from further consideration of such resolution, such resolution shall be considered in the same manner as a resolution is considered under subsections (d), (e), and (f) of section 2908 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). (b) Use of Index.--For cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) beginning on or after January 1 of the calendar year that begins after the Commissioner of the Bureau of Labor Statistics first prepares and publishes the Official Consumer Price Index for the Elderly in accordance with subsection (a)(1), the Commissioner of Social Security shall-- (1) cease using the Consumer Price Index for All Urban Consumers to calculate cost-of-living adjustments for old-age and survivors insurance benefits payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) to any retiree or individual who has attained age 62; and (2) notwithstanding section 215(i) of the Social Security Act (42 U.S.C. 415(i)) and any regulations promulgated thereunder, use the Official Consumer Price Index for the Elderly to calculate such adjustments. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Bureau of Labor Statistics such sums as are necessary to carry out the purposes of this section.

Summary: Establishes the Consumer Price Index Review Committee to study and report to Congress on: (1) improved, more accurate methods for determining a Consumer Price Index for the Elderly to ensure that the improved index accurately measures changes in expenditures for consumption typical for retirees who receive Old-Age and Survivors Insurance benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA), as well as an index implementation plan; and (2) an accurate consumer price index for individuals who receive SSA title II disability insurance benefits. Authorizes appropriations. Directs the Commissioner of the Bureau of Labor Statistics to establish a pilot program to test the accuracy of an operational Consumer Price Index for the Elderly, which indicates changes in such consumption expenditures. Provides for implementation of the Consumer Price Index for the Elderly. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Food-borne Illness Surveillance and Response Act of 2008''. SEC. 2. ENHANCED FOOD-BORNE ILLNESS SURVEILLANCE. (a) In General.-- (1) Authority.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall strengthen and expand food-borne illness surveillance systems to-- (A) inform and evaluate efforts to prevent food- borne illness; and (B) enhance the identification and investigation of, and response to, food-borne illness outbreaks. (2) Food-borne illness outbreak.--For purposes of this section, the term ``food-borne illness outbreak'' means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food. (b) Food-Borne Illness Surveillance Systems.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall enhance food-borne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on food-borne illnesses by-- (1) coordinating food-borne illness surveillance systems, including complaint systems, in order to-- (A) produce better information on illnesses associated with foods, including sources and risk factors for infections by emerging pathogens; and (B) facilitate sharing of data acquisition and findings on a more timely basis among governmental agencies, including the Food and Drug Administration, the Food Safety and Inspection Service, and State and local agencies, and with the public; (2) augmenting such systems to improve attribution of a food-borne illness outbreak to a specific food; (3) developing improved epidemiological tools for obtaining quality exposure data, microbiological methods for classifying cases and detecting clusters, and improved tracebacks to rapidly and specifically identify contaminated food products; (4) expanding capacity of such systems for implementation of fingerprinting strategies for food-borne infectious agents, including parasites and hepatitis A, in order to increase pathogen discovery efforts to identify new or rarely documented causes of food-borne illness; (5) allowing timely public access to de-identified, aggregate surveillance data; (6) at least annually, publishing current reports on findings from such systems; (7) exploring establishment of registries for long-term case follow-up to better characterize late complications of food-borne illness; (8) increasing participation in national networks of public health and food regulatory agencies and laboratories to-- (A) allow public health officials at the Federal, State, and local levels to share and accept laboratory analytic findings; and (B) identify food-borne illness outbreaks and attribute such outbreaks to specific foods through submission of standardized molecular subtypes (also known as ``fingerprints'') of food-borne illness pathogens to a centralized database; and (9) establishing a flexible mechanism for rapidly supporting scientific research by academic centers of excellence, which may include staff representing academic clinical researchers, food microbiologists, animal and plant disease specialists, ecologists, and other allied disciplines. (c) Improving State Surveillance Capacity.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs, shall improve capacity for surveillance in the States by-- (1) supporting outbreak investigations with needed specialty expertise, including epidemiological, microbiological, and environmental expertise, to assist identification of underlying common sources and contributing factors; (2) identifying, disseminating, and supporting implementation of model practices at the State and local level for-- (A) facilitating rapid shipment of clinical isolates from clinical laboratories to State public health laboratories to avoid delays in testing; (B) conducting rapid and more standardized interviewing of cases associated with major enteric pathogens, including prior to designation of clusters as food-borne illness outbreaks; (C) conducting and evaluating rapid and standardized interviews of healthy control persons; (D) sharing information on a timely basis-- (i) within public health and food regulatory agencies; (ii) among such agencies; (iii) with the food industry; (iv) with healthcare providers; and (v) with the public; (3) developing, regularly updating, and disseminating training curricula on food-borne illness surveillance investigations, including standard sampling methods and laboratory procedures; (4) integrating new molecular diagnostic tools for parasites into web-based consultation services for parasitic infections to accelerate the identification of these food-borne infectious agents; (5) supporting research to develop and deploy new subtyping methods for salmonella, E. coli, campylobacter, and other pathogens, to increase the speed and accuracy of diagnoses; (6) determining minimum core competencies for public health laboratories, and developing self-evaluation and proficiency- testing tools for such laboratories; (7) facilitating regional public health laboratory partnerships to leverage resources, including equipment and physical space, and increase surge capacity; (8) providing technical assistance, which may include the detailing of officers and employees of the Secretary, to State and local public health and food regulatory agencies; (9) partnering with the Food and Drug Administration to increase communication, coordination, and integration of food- borne illness surveillance and outbreak investigation activities; and (10) developing and periodically updating response and interview procedures so that such procedures are standardized and tested. (d) Program Activities.--The Secretary shall carry out activities to support core food safety functions of State and local public health laboratories, including-- (1) establishing fellowships, stipends, and scholarships to address critical workforce shortages; (2) training and coordination of State and local personnel; (3) establishing partnerships between private and public laboratories to facilitate sharing of positive enteric specimens and improve surge capacity; (4) strengthening capacity to participate in existing or new food-borne illness surveillance systems; and (5) the purchase and maintenance of data systems hardware and software and laboratory equipment. (e) Partnerships.--Not later than 180 days after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, consumer organizations, and academia. Such working group shall provide the Secretary, through at least annual meetings of the working group and an annual public report, advice and recommendations on an ongoing and regular basis regarding the improvement of food-borne illness surveillance and implementation of this section, including advice and recommendations on-- (1) the priority needs of regulatory agencies, the food industry, and consumers for information and analysis on food- borne illness and its causes that can be used to prevent food- borne illness; (2) opportunities to improve the effectiveness of initiatives at the Federal, State, and local levels, including coordination and integration of activities among Federal agencies, and between the Federal, State, and local levels of government; (3) improvement in the timeliness and depth of access by regulatory and health agencies, the food industry, academic researchers, and consumers to food-borne illness surveillance data collected by government agencies at all levels, including data compiled by the Centers for Disease Control and Prevention; (4) key barriers to improvement in food-borne illness surveillance and its utility for preventing food-borne illness at Federal, State, and local levels; and (5) specific actions to reduce barriers to improvement, implement the working group's recommendations, and achieve the purposes of this section, with measurable objectives and timelines, and identification of resource and staffing needs. SEC. 3. LEVERAGING AND ENHANCING STATE AND LOCAL ROLES. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PROGRAMS RELATING TO FOOD ``SEC. 399JJ. PLAN TO IMPROVE FOOD SAFETY CAPACITY AT THE STATE AND LOCAL LEVEL. ``(a) Goals.--The Secretary shall leverage and enhance the food safety capacity and roles of State and local agencies and integrate State and local agencies as fully as possible into national food safety efforts, in order to achieve the following goals: ``(1) Improve food-borne illness outbreak response and containment. ``(2) Improve the contribution of food-borne illness surveillance and investigation to the prevention of food-borne illness. ``(3) Strengthen oversight of food safety at the retail level. ``(4) Strengthen the capacity of State and local agencies to carry out inspections and enforce safety standards in food processing establishments, as part of a national strategy and plan to provide an adequate level of inspection and achieve compliance with safety standards in such establishments. ``(5) Make more effective use of the Nation's combined food safety resources to reduce the burden of food-borne illness. ``(b) Survey.--In preparation for development of the plan required by subsection (c), the Secretary shall, not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, complete a survey of State and local capacities, and needs for enhancement, with respect to-- ``(1) staffing levels and expertise available to perform food safety functions; ``(2) laboratory capacity to support surveillance, outbreak response, inspection, and enforcement activities; ``(3) information systems to support data management and sharing of food safety information among State and local agencies and with counterparts at the Federal level; ``(4) legal authorities of State and local agencies to support the roles of such agencies in a national food safety system; and ``(5) organizational arrangements for managing and coordinating food safety activities. ``(c) Plan.--Taking into account the goals established in subsection (a), results from the survey required in subsection (b), and consultations with State and local agencies and other food safety stakeholders, the Secretary shall, not later than 2 years after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, develop, publish, and begin implementation of a plan that includes the following elements: ``(1) Criteria for assessing the adequacy of State and local capacity to perform food safety functions as part of a national food safety system. ``(2) Priorities for enhancing the capacity of State and local agencies. ``(3) Action plans for meeting the highest priority capacity needs, including budget requirements and financing plans that take into account Federal, State, and local resources. ``(4) Improved coordination and information flow among Federal, State, and local agencies to strengthen food-borne illness surveillance, outbreak response, and investigation and to ensure that agencies at all levels have the information on origins and causes of food-borne illness that such agencies need to plan preventive measures. ``(5) Integration of the inspection and compliance programs in food processing establishments of the Food and Drug Administration and State and local agencies, including-- ``(A) joint planning and priority setting to ensure that the collective effort has the greatest possible impact on achieving compliance with food safety standards and reducing food-borne illness; ``(B) elimination of barriers to the free flow of information among the Food and Drug Administration and State and local agencies with respect to inspection and compliance programs and integration of State and Federal inspection and laboratory data systems; ``(C) steps to expand, and ensure the vigor and consistency of, State inspection of processing establishments under contract to the Food and Drug Administration; and ``(D) reliance by the Food and Drug Administration on State inspection and food sample analyses in Federal enforcement activities. ``(d) Food Safety Capacity Building Grants.-- ``(1) In general.--The Secretary shall make grants to State and local agencies to enhance State and local food safety capacity and programs and support achievement of the goals established in subsection (a). In awarding such grants, the Secretary shall take into account the criteria and priorities established by the Secretary under subsection (c). ``(2) Funding.--There are authorized to be appropriated to carry out paragraph (1), $25,000,000 for each of the fiscal years 2010, 2011, and 2012. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of the Improving Food-borne Illness Surveillance and Response Act of 2008, and on an annual basis thereafter, the Secretary shall submit to Congress a report that describes-- ``(1) progress made in implementing this section, including any obstacles to such implementation; and ``(2) any legislative recommendations or additional resources needed for full implementation.''.

Summary: Improving Food-borne Illness Surveillance and Response Act of 2008 - Requires the Secretary of Health and Human Services to strengthen and expand foodborne illness surveillance systems to: (1) inform and evaluate efforts to prevent foodborne illness; and (2) enhance the identification and investigation of, and response to, foodborne illness outbreaks. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems to improve the collection, analysis, reporting, and usefulness of data on foodborne illnesses. Requires the Secretary, acting through the Director and the Commissioner of Food and Drugs, to improve capacity for surveillance in states, including by: (1) supporting outbreak investigations with needed specialty expertise; (2) supporting model practices in states; and (3) developing training curricula on foodborne illness surveillance investigations. Directs the Secretary to: (1) carry out activities to support core food safety functions of state and local public health laboratories; and (2) establish a working group to advise the Secretary regarding the improvement of foodborne illness surveillance and implementation of this Act. Amends the Public Health Service Act to require the Secretary to: (1) leverage and enhance the food safety capacity and roles of state and local agencies; (2) survey state and local capacities and enhancement needs; (3) develop a plan addressing food safety functions at state and local levels; and (4) make grants to state and local agencies to enhance food safety capacity and programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Working Americans Act of 2004''. SEC. 2. INCREASE IN REFUNDABILITY OF THE CHILD TAX CREDIT. (a) Acceleration of Refundability.--Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by striking ``(10 percent in the case of taxable years beginning before January 1, 2005)''. (b) Earned Income Includes Combat Pay.--Paragraph (1) of section 24(d) of such Code is amended by adding at the end the following new sentence: ``For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.'' (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003.

Summary: Fairness for Working Americans Act of 2004 - Amends the Internal Revenue Code to: (1) eliminate the reduction in the percentage of earned income for calculating the refundable portion of the child tax credit (15 to ten percent) for taxable years beginning before 2005; (2) include in earned income for purposes of calculating the refundable portion of the credit otherwise tax excludable combat zone compensation of members of the armed services; and (3) set forth rules for the tax treatment of certain foreign corporations engaging in tax avoidance activities as U.S. domestic corporations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonproliferation Assistance Coordination Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons- proliferating states; (2) although these efforts are in the United States national security interest, the effectiveness of these efforts suffers from a lack of coordination within and among United States Government agencies; (3) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian weapons scientists and technicians, is making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons- proliferating states; and (4) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union requires the establishment of a coordinating body to ensure that United States public and private efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure efficiency and further United States national security interests. SEC. 3. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801). SEC. 4. ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION ASSISTANCE TO THE INDEPENDENT STATES OF THE FORMER SOVIET UNION. (a) Establishment.--There is established within the executive branch of the Government an interagency committee known as the ``Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union'' (in this Act referred to as the ``Committee''). (b) Membership.-- (1) In general.--The Committee shall be composed of five members, as follows: (A) A representative of the Department of State designated by the Secretary of State. (B) A representative of the Department of Energy designated by the Secretary of Energy. (C) A representative of the Department of Defense designated by the Secretary of Defense. (D) A representative of the Department of Commerce designated by the Secretary of Commerce. (E) A representative of the Assistant to the President for National Security Affairs designated by the Assistant to the President. (2) Level of representation.--The Secretary of a department named in subparagraph (A), (B), (C), or (D) of paragraph (1) shall designate as the department's representative an official of that department who is not below the level of an Assistant Secretary of the department. (b) Chair.--The representative of the Assistant to the President for National Security Affairs shall serve as Chair of the Committee. The Chair may invite the head of any other department or agency of the United States to designate a representative of that department or agency to participate from time to time in the activities of the Committee. SEC. 5. DUTIES OF COMMITTEE. (a) In General.--The Committee shall have primary continuing responsibility within the executive branch of the Government for-- (1) monitoring United States nonproliferation efforts in the independent states of the former Soviet Union; and (2) coordinating the implementation of United States policy with respect to such efforts. (b) Duties Specified.--In carrying out the responsibilities described in subsection (a), the Committee shall-- (1) arrange for the preparation of analyses on the issues and problems relating to coordination within and among United States departments and agencies on nonproliferation efforts of the independent states of the former Soviet Union; (2) arrange for the preparation of analyses on the issues and problems relating to coordination between the United States public and private sectors on nonproliferation efforts in the independent states of the former Soviet Union, including coordination between public and private spending on nonproliferation programs of the independent states of the former Soviet Union and coordination between public spending and private investment in defense conversion activities of the independent states of the former Soviet Union; (3) provide guidance on arrangements that will coordinate, de-conflict, and maximize the utility of United States public spending on nonproliferation programs of the independent states of the former Soviet Union to ensure efficiency and further United States national security interests; (4) encourage companies and nongovernmental organizations involved in nonproliferation efforts of the independent states of the former Soviet Union to voluntarily report these efforts to the Committee; (5)(A) arrange for the preparation of analyses on the issues and problems relating to the coordination between the United States and other countries with respect to nonproliferation efforts in the independent states of the former Soviet Union; and (B) provide guidance and arrangements that will coordinate, de-conflict, and maximize the utility of United States public spending on nonproliferation programs of the independent states of the former Soviet Union to ensure efficiency and further United States national security interests; and (6) consider, and make recommendations to the President and Congress with respect to, proposals for new legislation or regulations relating to United States nonproliferation efforts in the independent states of the former Soviet Union as may be necessary. SEC. 6. ADMINISTRATIVE SUPPORT. All United States departments and agencies shall provide, to the extent permitted by law, such information and assistance as may be requested by the Committee or the Secretary of State in carrying out their functions and activities under this Act. SEC. 7. CONFIDENTIALITY OF INFORMATION. Information which has been submitted or received in confidence shall not be publicly disclosed, except to the extent required by law, and such information shall be used by the Committee only for the purpose of carrying out the functions and activities set forth in this Act. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act-- (1) applies to the data-gathering, regulatory, or enforcement authority of any existing United States department or agency over nonproliferation efforts in the independent states of the former Soviet Union, and the review of those efforts undertaken by the Committee shall not in any way supersede or prejudice any other process provided by law; or (2) applies to any activity that is reportable pursuant to title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

Summary: Nonproliferation Assistance Coordination Act of 2001 - Establishes within the executive branch the Committee on Nonproliferation Assistance to the Independent States of the Former Soviet Union, which shall monitor and coordinate U.S. nonproliferation efforts in the independent states of the former Soviet Union.


SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Table of contents. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS Sec. 101. Payments for educational services. Sec. 102. Authorization for park facilities to be located outside the boundaries of Yosemite National Park. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT Sec. 201. Short title. Sec. 202. Golden Gate National Recreation Area, California. TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT Sec. 301. Short title. Sec. 302. Redwood National Park boundary adjustment. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES. (a) In General.--(1) For fiscal years 2006 through 2009, the Secretary of the Interior may provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in the State of California for educational services to students-- (A) who are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (B) who live within or near the park upon real property owned by the United States. (2) The Secretary's authority to make payments under this section shall terminate if the State of California or local education agencies do not continue to provide funding to the schools referred to in subsection (a) at per student levels that are no less than the amount provided in fiscal year 2005. (b) Limitation on Use of Funds.--Payments made under this section shall only be used to pay public employees for educational services provided in accordance with subsection (a). Payments may not be used for construction, construction contracts, or major capital improvements. (c) Limitation on Amount of Funds.--Payments made under this section shall not exceed the lesser of-- (1) $400,000 in any fiscal year; or (2) the amount necessary to provide students described in subsection (a) with educational services that are normally provided and generally available to students who attend public schools elsewhere in the State of California. (d) Source of Payments.--(1) Except as otherwise provided in this subsection, the Secretary may use funds available to the National Park Service from appropriations, donations, or fees. (2) Funds from the following sources shall not be used to make payments under this section: (A) Any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System, including-- (i) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); and (ii) the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). (B) Any unexpended receipts collected through-- (i) the recreational fee demonstration program established under section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a note; Public Law 104-134); or (ii) the national park passport program established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992). (C) Emergency appropriations for flood recovery at Yosemite National Park. (3)(A) The Secretary may use an authorized funding source to make payments under this section only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts authorized under this section) is greater than or equal to the amount made available to the park for the prior fiscal year, or in fiscal year 2005, whichever is greater. (B) It is the sense of Congress that any payments made under this section should not result in a reduction of funds to Yosemite National Park from any specific funding source, and that with respect to appropriated funds, funding levels should reflect annual increases in the park's operating base funds that are generally made to units of the National Park System. SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL PARK. (a) Funding Authority for Transportation Systems and External Facilities.--Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 346e) is amended-- (1) in the heading by inserting ``AND YOSEMITE NATIONAL PARK'' after ``ZION NATIONAL PARK''; (2) in the first sentence-- (A) by inserting ``and Yosemite National Park'' after ``Zion National Park''; and (B) by inserting ``for transportation systems or'' after ``appropriated funds''; and (3) in the second sentence by striking ``facilities'' and inserting ``systems or facilities''. (b) Clarifying Amendment for Transportation Fee Authority.--Section 501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5981) is amended in the first sentence by striking ``service contract'' and inserting ``service contract, cooperative agreement, or other contractual arrangement''. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT SEC. 201. SHORT TITLE. This title may be cited as the ``Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act''. SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA. Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is amended-- (1) by striking ``The recreation area shall comprise'' and inserting the following: ``(1) Initial lands.--The recreation area shall comprise''; and (2) by striking ``The following additional lands are also'' and all that follows through the period at the end of the subsection and inserting the following new paragraphs: ``(2) Additional lands.--In addition to the lands described in paragraph (1), the recreation area shall include the following: ``(A) The parcels numbered by the Assessor of Marin County, California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-010-13, and 119-235-10. ``(B) Lands and waters in San Mateo County generally depicted on the map entitled `Sweeney Ridge Addition, Golden Gate National Recreation Area', numbered NRA GG-80,000-A, and dated May 1980. ``(C) Lands acquired under the Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; Public Law 102-299). ``(D) Lands generally depicted on the map entitled `Additions to Golden Gate National Recreation Area', numbered NPS-80-076, and dated July 2000/PWR-PLRPC. ``(E) Lands generally depicted on the map entitled `Rancho Corral de Tierra Additions to the Golden Gate National Recreation Area', numbered NPS-80,079E, and dated March 2004. ``(3) Acquisition limitation.--The Secretary may acquire land described in paragraph (2)(E) only from a willing seller.''. TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT SEC. 301. SHORT TITLE. This title may be cited as the ``Redwood National Park Boundary Adjustment Act of 2005''. SEC. 302. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT. Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) is amended-- (1) in the first sentence, by striking ``(a) The area'' and all that follows through the period at the end and inserting the following: ``(a)(1) The Redwood National Park consists of the land generally depicted on the map entitled `Redwood National Park, Revised Boundary', numbered 167/60502, and dated February, 2003.''; (2) by inserting after paragraph (1) (as designated by paragraph (1)) the following: ``(2) The map referred to in paragraph (1) shall be-- ``(A) on file and available for public inspection in the appropriate offices of the National Park Service; and ``(B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California.''; and (3) in the second sentence-- (A) by striking ``The Secretary'' and inserting the following: ``(3) The Secretary;'' and (B) by striking ``one hundred and six thousand acres'' and inserting ``133,000 acres''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Title I: Yosemite National Park Authorized Payments - (Sec. 101) Authorizes the Secretary of the Interior to provide funds for FY2006-FY2009 to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live within or near the Park upon Federal property. Terminates the Secretary's authority to make such payments if the State of California or local education agencies do not continue to provide funding to the schools in those school districts at per student levels that at least equal to the amount provided in FY2005. Sets forth limitations on the use and amount of such funds, including a maximum limit of $400,000 on payments in any fiscal year. Prohibits the use of funds to make payments under this Act from the following sources: (1) any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System; (2) any unexpended receipts collected through the recreational fee demonstration program or the national park passport program; and (3) emergency appropriations for Yosemite flood recovery. Allows the Secretary to use an authorized funding source to make payments only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts) is greater than or equal to the amount made available to the Park for the prior fiscal year, or in FY2005, whichever is greater. (Sec. 102) Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park. Title II: Rancho Corral De Tierra Golden Gate National Recreation Area Boundary Adjustment - Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act - (Sec. 202) Modifies the boundaries of the Golden Gate National Recreation Area in California to include specified additional lands. Allows the Secretary of the Interior to acquire certain of those lands only from a willing seller. Title III: Redwood National Park Boundary Adjustment - Redwood National Park Boundary Adjustment Act of 2005 - (Sec. 302) Revises the boundaries of the Redwood National Park in California. Requires that the map of the revised boundaries be placed on file and be available for public inspection in offices of the National Park Service and that such map be provided by the Secretary of the Interior to officers of Del Norte and Humboldt Counties, California. Increases to 133,000 acres the maximum acreage of the Park.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Medicines Utilization Act of 2011''. SEC. 2. SAVINGS REBATE FOR STATES THAT INCREASE GENERIC DRUG UTILIZATION UNDER MEDICAID. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by inserting after subsection (g) the following: ``(h)(1) With respect to each of fiscal years 2012, 2013, and 2014, if the generic substitution rate determined for the State under section 1927(l)(2) for the most recent preceding fiscal year for which data are available is greater than the State's generic substitution rate (as so determined) for the second most recent preceding fiscal year for which data are available, the amount determined under subsection (a)(1) for the State for each quarter of the fiscal year shall be increased by an amount equal to 50 percent of the generic drug utilization savings amount determined for the State and the quarter under paragraph (2). ``(2) The generic drug utilization savings amount determined under this paragraph with respect to a State and a quarter is the product of-- ``(A) the difference between the-- ``(i) total amount expended by the State for the corresponding quarter of the preceding fiscal year for providing medical assistance for multiple source drugs (as defined in section 1927(k)(7)(A)(i)), as determined after the application of section 1927(b)(1)(B); and ``(ii) total amount expended by the State for the quarter involved for providing medical assistance for such drugs (as so determined); and ``(B) the State percentage determined for the State under section 1905(b).''. (b) Annual Determination of State Generic Substitution Rates and Performance Rankings.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended by adding at the end the following: ``(l) Annual Determination of State Generic Substitution Rates and Performance Rankings.-- ``(1) In general.--Not later than January 1, 2012, and annually thereafter, the Secretary shall determine the generic substitution rate (as defined in paragraph (2)) for each State for the most recent preceding fiscal year and the second most recent preceding fiscal year for which data are available. The Secretary annually shall publish on the Internet Web site of the Centers for Medicare & Medicaid Services the generic substitution rates determined for each State for such preceding fiscal years and, with respect to a State, the percentage increase or decrease in such rates when compared with each other. On the basis of such comparison, the Secretary shall list the States in order of the States with the greatest increase in the generic substitution rate. ``(2) Generic substitution rate.--In paragraph (1), the term `generic substitution rate' means, with respect to a State, the share of all drug units for which payment is made to the State under this title for the 20 most widely prescribed multiple source drugs under the State program under this title that have a specific National Drug Code and meet the requirements of subsection (k)(7)(A)(i).''. (c) Evaluation and Report.-- (1) In general.--Not later than December 31, 2014, the Secretary of Health and Human Services shall evaluate and report to Congress on the effectiveness of the generic drug utilization savings payments authorized under section 1903(h) of the Social Security Act (42 U.S.C. 1396b(h)) (as added by subsection (a)) in encouraging States to increase their Medicaid generic substitution rate. The evaluation shall include the following: (A) An analysis of the amounts each State Medicaid program saves through increased generic drug substitution. (B) An analysis of any indirect savings to State Medicaid programs through increased medication adherence due to increased accessibility and affordability of prescriptions. (C) An analysis of future estimated savings to State Medicaid programs and the Federal Government after termination of the generic drug utilization savings payments authorized under such section. (2) Medicaid generic substitution rate.--In paragraph (1), the term ``Medicaid generic substitution rate'' has the meaning given the term ``generic substitution rate'' under section 1927(l)(2) of the Social Security Act (42 U.S.C. 1396r-8(l)(2)) (as added by subsection (b)). SEC. 3. INNOVATIVE HEALTH CARE SAVINGS PROGRAM. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following: ``(aa) Innovative Health Care Savings Program.-- ``(1) In general.--In addition to the payments provided under subsection (a), subject to paragraph (5), the Secretary shall provide for payments to eligible States for the implementation of programs to achieve reductions in expenditures under this title or under title XVIII. ``(2) Eligible state.--A State is eligible for a payment under this subsection if the State achieves a generic substitution rate (as determined under section 1927(l)(2)) of at least 92 percent. ``(3) Use of funds.--A State may only use funds received through a payment under this subsection to implement programs to achieve reductions in expenditures under this title or title XVIII (such as innovative approaches to cost savings and health care delivery). ``(4) Application, terms, and conditions.-- ``(A) Application.--No payments shall be made to a State under this subsection unless the State applies to the Secretary for such payments in a form, manner, and time specified by the Secretary and such application is approved by the Secretary. ``(B) Terms and conditions.--Payments made under this subsection are made under such terms and conditions consistent with this subsection as the Secretary prescribes. ``(5) Funding.-- ``(A) Limitation.--The total amount of payments under this subsection for a quarter shall not exceed 5 percent of the sum of the generic drug utilization savings amount (as determined under subsection (h)(2)) for all States for the quarter. This subsection constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this subsection. ``(B) Allocation of funds.--The Secretary shall specify a method for allocating the funds made available under this subsection among eligible States. ``(C) Form and manner of payment.--Payment to an eligible State under this subsection shall be made in the same manner as other payments under section 1903(a). There is no requirement for State matching funds to receive payments under this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective for quarters beginning on or after the date of enactment of this Act.

Summary: Affordable Medicines Utilization Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act (SSA), with respect to FY2012-FY2014, to require an increase in the quarterly Medicaid payment to a state by 50% of the generic drug utilization savings amount if the state's generic substitution rate for the most recent preceding fiscal year for which data is available is greater than its rate for the most recent second preceding fiscal year for which data is available. Directs the Secretary of Health and Human Services (HHS) to determine the state's generic substitution rate for such fiscal years. Defines "generic substitution rate" as the share of all drug units for which Medicaid payment is made to a state for the 20 most widely prescribed multiple source drugs under the state program that have a specific National Drug Code. Directs the Secretary to provide for payments to eligible states for implementation of programs to achieve reductions in expenditures under Medicaid or under SSA title XVIII (Medicare) (innovative health care savings program).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Race to the Top Act of 2010''. SEC. 2. RACE TO THE TOP. (a) In General.--Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended-- (1) by redesignating part C as part D; (2) by redesignating sections 6301 and 6302 as sections 6401 and 6402, respectively; and (3) by inserting after part B the following: ``PART C--RACE TO THE TOP ``SEC. 6301. PURPOSES. ``The purposes of this part are to-- ``(1) provide incentives for States and local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to-- ``(A) significant improvements in outcomes for all students, including improvements in student achievement, secondary school graduation rates, postsecondary education enrollment rates, and rates of postsecondary education persistence; and ``(B) significant reductions in achievement gaps among subgroups of students; and ``(2) encourage the broad identification, adoption, use, dissemination, replication, and expansion of effective State and local policies and practices that lead to significant improvement in outcomes for all students, and the elimination of those policies and practices that are not effective in improving student outcomes. ``SEC. 6302. RESERVATION OF FUNDS. ``From the amounts made available under section 6308 for a fiscal year, the Secretary may reserve not more than 10 percent to carry out activities related to technical assistance, monitoring, outreach, dissemination, and prize awards that support the purposes of this part. ``SEC. 6303. PROGRAM AUTHORIZED. ``(a) In General.--From the amounts made available under section 6308 for a fiscal year and not reserved under section 6302, the Secretary shall award grants, on a competitive basis, to States or local educational agencies, or both, in accordance with section 6304(b), to enable the States or local educational agencies to carry out the purposes of this part. ``(b) Grant and Subgrant Eligibility Limitations.-- ``(1) ARRA state incentive grants.--A State that has received a grant under section 14006 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 283) may not receive a grant under this part during the period of its grant under such section. ``(2) Number of grants.--A State or local educational agency may not receive more than 1 grant under this part per grant period. ``(3) Number of subgrants.--A local educational agency may receive 1 grant and 1 subgrant under this part for the same fiscal year. ``(c) Duration of Grants.-- ``(1) In general.--A grant under this part shall be awarded for a period of not more than 4 years. ``(2) Continuation of grants.--A State or local educational agency that is awarded a grant under this part shall not receive grant funds under this part for the second or any subsequent year of the grant unless the State or local educational agency demonstrates to the Secretary, at such time and in such manner as determined by the Secretary, that the State or local educational agency, respectively, is-- ``(A) making progress in implementing the plan under section 6304(a)(3) at a rate that the Secretary determines will result in the State or agency fully implementing such plan during the remainder of the grant period; or ``(B) making progress against the performance measures set forth in section 6305 at a rate that the Secretary determines will result in the State or agency reaching its targets and achieving the objectives of the grant during the remainder of the grant period. ``SEC. 6304. APPLICATIONS. ``(a) Applications.--Each State or local educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include-- ``(1) documentation of the applicant's record, as applicable-- ``(A) in increasing student achievement, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(B) in decreasing achievement gaps, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(C) in increasing secondary school graduation rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); ``(D) in increasing postsecondary education enrollment and persistence rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); and ``(E) with respect to any other performance measure described in section 6305 that is not included in subparagraphs (A) through (D); ``(2) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including-- ``(A) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; ``(B) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and ``(C) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this paragraph; ``(3) a comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the applicant's performance on the measures described in section 6305, consistent with criteria set forth by the Secretary, including how the applicant will, if applicable-- ``(A) improve the effectiveness of teachers and school leaders, and promote equity in the distribution of effective teachers and school leaders, in order to ensure that low-income and minority children are not taught by ineffective teachers, and are not in schools led by ineffective leaders, at higher rates than other children; ``(B) strengthen the use of high-quality and timely data to improve instructional practices, policies, and student outcomes, including teacher evaluations; ``(C) implement internationally benchmarked, college- and career-ready elementary and secondary academic standards, including in the areas of assessment, instructional materials, professional development, and strategies that translate the standards into classroom practice; ``(D) turn around the persistently lowest-achieving elementary schools and secondary schools served by the applicant; ``(E) support or coordinate with early learning programs for high-need children from birth through grade 3 to improve school readiness and ensure that students complete grade 3 on track for school success; and ``(F) create or maintain successful conditions for high-performing charter schools and other innovative, autonomous public schools; ``(4)(A) in the case of an applicant that is a State-- ``(i) evidence of collaboration between the State, its local educational agencies, schools (as appropriate), parents, teachers, and other stakeholders, in developing the plan described in paragraph (3), including evidence of the commitment and capacity to implement the plan; and ``(ii)(I) the names of the local educational agencies the State has selected to participate in carrying out the plan; or ``(II) a description of how the State will select local educational agencies to participate in carrying out the plan; or ``(B) in the case of an applicant that is a local educational agency, evidence of collaboration between the local educational agency, schools, parents, teachers, and other stakeholders, in developing the plan described in paragraph (3), including evidence of the commitment and capacity to implement the plan; ``(5) the applicant's annual performance measures and targets, consistent with the requirements of section 6305; and ``(6) a description of the applicant's plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this part. ``(b) Criteria for Evaluating Applications.-- ``(1) Award basis.--The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted under subsection (a), including-- ``(A) each applicant's record in the areas described in subsection (a)(1); ``(B) each applicant's record of, and commitment to, establishing conditions for innovation and reform, as described in subsection (a)(2); ``(C) the quality and likelihood of success of each applicant's plan described in subsection (a)(3) in showing improvement in the areas described in subsection (a)(1), including each applicant's capacity to implement the plan and evidence of collaboration as described in subsection (a)(4); and ``(D) each applicant's evaluation plan as described in subsection (a)(6). ``(2) Explanation.--The Secretary shall publish an explanation of how the application review process under this section will ensure an equitable and objective evaluation based on the criteria described in paragraph (1). ``(c) Priority.--In awarding grants to local educational agencies under this part, the Secretary shall give priority to-- ``(1) local educational agencies with the highest numbers or percentages of children from families with incomes below the poverty line; and ``(2) local educational agencies that serve schools designated with a school locale code of 41, 42, or 43. ``SEC. 6305. PERFORMANCE MEASURES. ``Each State and each local educational agency receiving a grant under this part shall establish performance measures and targets, approved by the Secretary, for the programs and activities carried out under this part. These measures shall, at a minimum, track the State's or local educational agency's progress in-- ``(1) implementing its plan described in section 6304(a)(3); and ``(2) improving outcomes for all subgroups described in section 1111(b)(2)(C)(v)(II) including, as applicable, by-- ``(A) increasing student achievement; ``(B) decreasing achievement gaps; ``(C) increasing secondary school graduation rates; ``(D) increasing postsecondary education enrollment and persistence rates; ``(E)(i) improving the effectiveness of teachers and school leaders, increasing the retention of effective teachers and school leaders; and ``(ii) promoting equity in the distribution of effective teachers and school leaders in order to ensure that low-income and minority children are not taught by ineffective teachers, and are not in schools led by ineffective leaders, at higher rates than other children; and ``(F) making progress on any other measures identified by the Secretary. ``SEC. 6306. USES OF FUNDS. ``(a) Grants to States.--Each State that receives a grant under this part shall use-- ``(1) not less than 50 percent of the grant funds to make subgrants to the local educational agencies in the State that participate in the State's plan under section 6304(a)(3), based on such local educational agencies' relative shares of funds under part A of title I for the most recent year for which those data are available; and ``(2) not more than 50 percent of the grant funds for any purpose included in the State's plan under section 6304(a)(3). ``(b) Grants to Local Educational Agencies.--Each local educational agency that receives a grant under this part shall use the grant funds for any purpose included in the local educational agency's plan under section 6304(a)(3). ``(c) Subgrants to Local Educational Agencies.--Each local educational agency that receives a subgrant under this part from a State shall use the subgrant funds for any purpose included in the State's plan under section 6304(a)(3). ``SEC. 6307. REPORTING. ``(a) Annual Reports.--A State or local educational agency that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including-- ``(1) data on the State's or local educational agency's progress in achieving the targets for the performance measures established under section 6305; ``(2) a description of the challenges the State or agency has faced in implementing its program and how it has addressed or plans to address those challenges; and ``(3) findings from the evaluation plan as described in section 6304(a)(6). ``(b) Local Reports.--Each local educational agency that receives a subgrant from a State under this part shall submit to the State such information as the State may require to complete the annual report required under subsection (a). ``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $1,350,000,000 for fiscal year 2011 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Conforming Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended-- (1) by striking the items relating to part C of title VI; and (2) by inserting after the item relating to section 6234 the following: ``Part C--Race to the Top ``Sec. 6301. Purposes. ``Sec. 6302. Reservation of funds. ``Sec. 6303. Program authorized. ``Sec. 6304. Applications. ``Sec. 6305. Performance measures. ``Sec. 6306. Uses of funds. ``Sec. 6307. Reporting. ``Sec. 6308. Authorization of appropriations. ``Part D--General Provisions ``Sec. 6401. Prohibition against Federal mandates, direction, or control. ``Sec. 6402. Rule of construction on equalized spending.''.

Summary: Race to the Top Act of 2010 - Directs the Secretary of Education to award competitive grants to states and local educational agencies (LEAs) to implement reforms and innovations designed to improve educational outcomes significantly for all students and reduce achievement gaps significantly among specified student subgroups. Requires each grant applicant to have a comprehensive and coherent plan for doing so that includes, if applicable: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution; (2) strengthening the use of data to improve education; (3) implementing internationally benchmarked, college- and career-ready elementary and secondary academic standards; (4) turning around its lowest-performing schools; (5) supporting, or coordinating with, early learning programs for high-need children from birth through third grade; and (6) creating or maintaining successful conditions for high-performing charter schools and other innovative, autonomous public schools. Requires each grantee to establish performance measures that track its progress in implementing its plan, and improving educational outcomes for students and specified student subgroups. Gives grant priority to LEAs with the highest number or percentages of impoverished children and those that serve rural schools. Requires each state grantee to use at least 50% of its grant for subgrants to LEAs that participate in its plan. Allows LEAs to receive a grant and subgrant for the same fiscal year.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Savings Plan Act of 1993''. SEC. 2. PENALTY FREE WITHDRAWALS FROM ANNUITIES FOR HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (2) of section 72(q) of the Internal Revenue Code of 1986 (relating to 10-percent penalty for premature distributions from annuity contracts) is amended by striking ``or'' at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting ``, or'', and by inserting after subparagraph (J) the following new subparagraph: ``(K) which is a qualified higher education expense distribution (as defined in paragraph (4)).'' (b) Qualified Higher Education Expense Distribution.--Subsection (q) of section 72 of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Qualified higher education expense distribution.-- ``(A) In general.--For purposes of paragraph (2)(K), the term `qualified higher education expense distribution' means any distribution from a designated higher education expense annuity to the taxpayer if such distribution is used within 90 days of the date of the distribution to pay qualified tuition and related expenses (as defined in section 117(b)) required for the enrollment or attendance of such taxpayer, the taxpayer's spouse, or a child (as defined in section 151(c)(3)) or grandchild of such taxpayer at an eligible educational institution (as defined in section 135(c)(3)); except that such expenses shall be reduced by any amount excluded from gross income under section 135 by reason of such expenses. ``(B) Designated higher education expense annuity.-- ``(i) In general.--The term `designated higher education expense annuity' means any annuity purchased after December 31, 1992, and designated for purposes of this paragraph by the purchaser at the time of purchase as an annuity to which this paragraph applies. ``(ii) Certain annuities received in an exchange not eligible.--Such term shall not include any annuity acquired in an exchange to which section 1035 applies unless the annuity given up by the taxpayer in the exchange was a designated higher education expense annuity.'' (c) Gift Tax Treatment.--Subsection (e) of section 2503 of such Code is amended by adding at the end thereof the following new paragraph: ``(3) Treatment of premiums paid under designated higher education expense annuities.-- ``(A) In general.--Any premium paid for a designated higher education expense annuity shall not be treated as transfer of property by gift for purposes of this chapter. ``(B) Recapture rules.--If any premium paid by any person for a designated higher education expense annuity is not treated as a taxable gift solely by reason of subparagraph (A)-- ``(i) Lifetime distributions not used for educational purposes.--Any disqualified lifetime distribution from the portion of any annuity attributable to such premium shall be treated as a transfer by gift by such person. ``(ii) Inclusion in gross estate.--The gross estate of such person shall include the value (as of the date of the decedent's death or applicable valuation date set forth in section 2032) of the portion of any annuity attributable to such premium. ``(C) Disqualified lifetime distribution.--For purposes of subparagraph (B), the term `disqualified lifetime distribution' means any distribution which is not a qualified higher education distribution and which is made during the life of the person referred to in subparagraph (B) to or for the benefit of another person. ``(D) Other definitions.--For purposes of this paragraph, the terms `designated higher education expense annuity' and `qualified higher education expense distribution' have the respective meanings given such terms by section 72(q)(4).'' (d) Effective Date.--The amendments made by this section shall take effect on January 1, 1994.

Summary: Higher Education Savings Plan Act of 1993 - Amends the Internal Revenue Code to exempt distributions from a higher education expenses annuity contract from the ten-percent penalty on premature distributions from annuity contracts. Excludes the premium to purchase such a contract from gift tax liability.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Independence Act of 2000''. SEC. 2. DOMESTIC ENERGY SELF-SUFFICIENCY PLAN. (a) Strategic Plan.--The Secretary of Energy shall develop, and transmit to the Congress within 1 year after the date of the enactment of this Act, a strategic plan to ensure that the United States is energy self-sufficient by the year 2010. The plan shall include recommendations for legislative and regulatory actions needed to accomplish that goal. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $20,000,000 for carrying out this section. SEC. 3. FEDERAL GOVERNMENT FUEL CELL PILOT PROGRAM. (a) Program.--The Secretary of Energy shall establish a program for the acquisition of-- (1) up to 100 commercially available 200 kilowatt fuel cell power plants; (2) up to 20 megawatts of power generated from commercially available fuel cell power plants; or (3) a combination thereof, for use at federally owned or operated facilities. The Secretary shall provide funding for purchase, site engineering, installation, startup, training, operation, and maintenance costs associated with the acquisition of such power plants, along with any other necessary assistance. (b) Domestic Assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under subsection (a) shall be assembled in the United States. (c) Site Selection.--In the selection of federally owned or operated facilities as a site for the location of power plants acquired under this section, or as a site to receive power acquired under this section, priority shall be given to sites with 1 or more of the following attributes: (1) Location (of the Federal facility or the generating power plant) in an area classified as a nonattainment area under title I of the Clean Air Act. (2) Computer or electronic operations that are sensitive to power supply disruptions. (3) Need for a reliable, uninterrupted power supply. (4) Remote location, or other factors requiring off-grid power generation. (5) Critical manufacturing or other activities that support national security efforts. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $140,000,000 for the period encompassing fiscal years 2001 through 2003 for carrying out this section. SEC. 4. PROTON EXCHANGE MEMBRANE DEMONSTRATION PROGRAMS. (a) In General.-- (1) Establishment.--The President, in coordination with the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Housing and Urban Development, shall establish a program for the demonstration of fuel cell proton exchange membrane technology in the areas of responsibility of those Secretaries with respect to commercial, residential, and transportation applications, including buses. Such program shall specifically focus on promoting the application of and improved manufacturing production and processes for proton exchange membrane fuel cell technology. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $140,000,000 for the period encompassing fiscal years 2001 through 2003. (b) Bus Demonstration Program.-- (1) Establishment.--The President, in coordination with the Secretary of Energy and the Secretary of Transportation, shall establish a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Such program shall cover all aspects of the introduction of this new technology, and shall include the following components: (A) Development, installation, and operation of a hydrogen delivery system located on-site at transit bus terminals. (B) Development, installation, and operation of on- site storage associated with the hydrogen delivery systems as well as storage tank systems incorporated into the bus itself. (C) Demonstration of use of hydrogen as a practical, safe, renewable energy source in a highly efficient, zero-emission power system for buses. (D) Development of a hydrogen proton exchange membrane fuel cell power system that is confirmed and verified as being compatible with transit bus application requirements. (E) Durability testing of the fuel cell bus at a national testing facility. (F) Identification and implementation of necessary codes and standards for the safe use of hydrogen as a fuel suitable for bus application, including the fuel cell power system and related operational facilities. (G) Identification and implementation of maintenance and overhaul requirements for hydrogen proton exchange membrane fuel cell transit buses. (H) Completion of fleet vehicle evaluation program by bus operators along normal transit routes, providing equipment manufacturers and transit operators with the necessary analyses to enable operation of the hydrogen proton exchange membrane fuel cell bus under a range of operating environments. (2) Domestic assembly.--All fuel cell systems and fuel cell stacks in power plants acquired, or from which power is acquired, under paragraph (1) shall be assembled in the United States. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $150,000,000 for the period encompassing fiscal years 2001 through 2003. SEC. 5. FEDERAL VEHICLES. Each agency of the Federal Government that maintains a fleet of motor vehicles shall develop a plan for a transition of the fleet to vehicles powered by fuel cell technology. Each such plan shall include implementation beginning by fiscal year 2005, to be completed by fiscal year 2010. Each plan shall incorporate and build on the results of completed and ongoing Federal demonstration programs, including the program established under section 4, and shall include additional demonstration programs and pilot programs as necessary to test or investigate available technologies and transition procedures. SEC. 6. LIFE-CYCLE COST BENEFIT ANALYSIS. Any life-cycle cost benefit analysis undertaken by a Federal agency with respect to investments in products, services, construction, and other projects shall include an analysis of environmental and power reliability factors. SEC. 7. STATE AND LOCAL GOVERNMENT INCENTIVES. (a) Grant Program.--The Secretary of Energy shall establish a program for making grants to State or local governments for the use of fuel cell technology in meeting their energy requirements, including the use as a source of power for motor vehicles. Each grant made under this section shall require at least a 10 percent matching contribution from the State or local government recipient. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy $110,000,000 for each of the fiscal years 2001 through 2005 for carrying out this section.

Summary: Directs the President, in coordination with designated Secretaries, to establish: (1) a demonstration program for fuel cell proton exchange membrane technology for commercial, residential, and transportation applications (including buses) within the Secretaries' respective areas; and (2) a comprehensive proton exchange membrane fuel cell bus demonstration program to address hydrogen production, storage, and use in transit bus applications. Mandates that each Federal agency that maintains a motor vehicle fleet develop a plan for fleet transition to vehicles powered by fuel cell technology. Directs the Secretary of Energy to establish a fuel cell technology grant program for State or local government to meet their energy requirements, including such technology as a motor vehicle power source. Authorizes appropriations.


SECTION 1. GRANT OF FEDERAL CHARTER TO THE NATIONAL ACADEMY OF INVENTORS. (a) Grant of Charter.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: ``CHAPTER 1504--NATIONAL ACADEMY OF INVENTORS ``Sec. 150401. Findings ``Congress finds the following: ``(1) The majority of our Nation's basic research is done at our colleges and universities. ``(2) The National Academy of Inventors recognizes and encourages inventors who have a patent issued from the United States Patent and Trademark Office. ``(3) The National Academy of Inventors enhances the visibility of university and non-profit research institute technology and academic innovation. ``(4) The National Academy of Inventors encourages the disclosure of intellectual property. ``(5) The National Academy of Inventors educates and mentors innovative students. ``(6) The systematic application of organized knowledge and information can generate technology and produce creative solutions to existing problems. ``(7) Innovation, based on new inventions and technologies, has proven to be a key factor in the industrial and economic development of the world. ``(8) The National Academy of Inventors serves a valuable role in the translation of science and technology within the university and non-profit research institute community, and for the benefit of society. ``(9) Congress supports the mission of the National Academy of Inventors to encourage the translation of the inventions of its members to benefit society. ``Sec. 150402. Organization ``(a) Federal Charter.--The National Academy of Inventors, a not for profit organization that meets the requirements under section 501(c)(3) of the internal revenue code, and is organized under the laws of the State of Florida, is a federally chartered organization. ``(b) Expiration of Charter.--If the organization does not comply with the provisions of this chapter, the charter granted shall expire. ``Sec. 150403. Purposes ``The purposes of the organization are as provided in its bylaws and articles of incorporation. ``Sec. 150404. Governing body ``(a) Board of Directors.--The composition of the board of directors for the organization, and the responsibilities of the board are as provided in the articles of incorporation and bylaws of the organization. ``(b) Officers.--The positions of officers/executive committee members of the organization, and the election of the officers and executive committee members, are as provided in the articles of incorporation and bylaws. ``(c) Executive Committee.--The positions of executive committee members of the organization, and the election of executive committee members, are as provided in the articles of incorporation and bylaws. ``(d) Executive Advisory Board.--The composition of the executive advisory board for the organization, and the responsibilities of the executive advisory board are as provided in the articles of incorporation and bylaws of the organization. ``Sec. 150405. Powers ``The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. ``Sec. 150406. Restrictions ``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend. ``(b) Distribution of Income or Assets.--No part of the income or assets of this Corporation will be distributed, to its Directors or Officers. However, the corporation may contract in due course of business with its Officers or Directors for services rendered to the extent permissible under the articles of incorporation, under law and under section 501(c)(3) of the United States Internal Revenue Code of 1986. ``(c) Loans.--The organization may not loan money to any of its directors or officers. ``(d) Corporate Status.--The organization shall maintain its status as a corporation incorporated under the laws of the State of Florida. ``Sec. 150407. Tax-exempt status required as a condition of charter ``If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. ``Sec. 150408. Records ``The organization shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and ``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. ``Sec. 150409. Liability for acts of officers and agents ``The organization is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. ``Sec. 150410. Annual report ``The corporation shall transmit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required. The report may not be printed as a public document.''. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following new item: ``1504. National Academy of Inventors..............................150401''.

Summary: Grants a federal charter to the National Academy of Inventors.