SECTION 1. SHORT TITLE. This Act may be cited as the ``National Traumatic Brain Injury Research and Treatment Improvement Act of 2015''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds as follows: (1) State data and monitoring systems provide reliable data on injury causes and risk factors, identify trends in the incidence of traumatic brain injury, enable the development of cause-specific prevention strategies focused on populations at greatest risk, and monitor the effectiveness of such strategies. (2) Since 1995, when the Centers for Disease Control and Prevention published Guidelines for Surveillance of Central Nervous System Injury, additional causes of traumatic brain injury have emerged: military-related traumatic brain injuries; sports-related concussions; traffic injuries resulting from texting while driving; and increasing numbers of falls-related traumatic brain injuries among older adults. (3) In their 2013 report, Sports-Related Concussions in Youth: Improving the Science, Changing the Culture, the Institute on Medicine and the National Research Council noted that there is currently a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum. The report recommended that the Centers for Disease Control and Prevention establish and oversee a national surveillance system to accurately determine the incidence of sports-related concussions, including those in youth ages 5 to 21, taking into account Federal efforts to collect information on traumatic brain injury. (4) Traumatic brain injury is a substantial public health problem among older persons. As the population of older persons continues to grow in the United States, the need to design and implement proven and cost-effective prevention measures that focus on the leading causes of traumatic brain injury becomes more urgent. (5) In order to implement this Act, the Centers for Disease Control and Prevention needs to collaborate with Federal agencies reporting military-related traumatic brain injuries, school systems reporting traumatic brain injuries, Medicaid and other Federal programs, and State agencies. SEC. 3. ESTABLISHING REQUIREMENTS TO IMPROVE THE RESEARCH AND TREATMENT OF TRAUMATIC BRAIN INJURY. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) not later than 9 months after the date of enactment of this Act, submit a report to the Congress outlining the findings of the evaluation under paragraph (1); and (3) establish a statistically sound, scientifically credible, integrated surveillance system regarding traumatic brain injury, to be known as the ``National Traumatic Brain Injury Surveillance System''. (b) Research.--The Secretary shall ensure that the National Traumatic Brain Injury Surveillance System is designed in a manner that facilitates further research on brain injury. (c) Content.--In carrying out subsection (a), the Secretary-- (1) shall provide for the collection and storage of information (excluding personally identifiable information) on the incidence and prevalence of traumatic brain injury, including concussion, in the United States across the lifespan; (2) to the extent practicable, shall provide for the collection and storage of other available information (excluding personally identifiable information) on traumatic brain injury, such as information concerning demographics and other information associated with the incidence of a traumatic brain injury, such as-- (A) age; (B) race and ethnicity; (C) sex; (D) geographic location; (E) history of head injury (including injury type and the approximate date of injury); (F) pre-existing conditions, such as learning disabilities and attention deficit hyperactivity disorder; and (G) co-occurring issues, such as substance abuse or post-traumatic stress disorder; (3) to the extent practicable, shall provide for the collection and storage of information relevant to analysis on traumatic brain injury, such as information concerning-- (A) impact location on the body and nature of the impact; (B) qualifications of personnel making the traumatic brain injury diagnosis; (C) assessment tool used to make the diagnosis; (D) signs and symptoms consistent with a head injury; (E) sport or activity and the level of competition (if a sports-related activity); (F) use of protective equipment and impact monitoring devices; and (G) severity of the traumatic brain injury; and (4) may address issues identified during the consultation process under subsection (d). (d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- (1) epidemiologists with experience in disease surveillance or registries; (2) representatives of national health associations that-- (A) focus on brain injury; and (B) have demonstrated experience in research, care, or patient services; (3) State public health agencies; (4) health information technology experts or other information management specialists; (5) clinicians with expertise in brain injury; (6) research scientists with experience conducting brain research or utilizing surveillance systems for scientific research purposes; (7) medical facilities of the Department of Veterans Affairs; and (8) behavioral health centers. (e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. (f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Health Resources and Services Administration, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Education, the Department of Veterans Affairs, and the Department of Defense. (g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to the public, including researchers. (h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Traumatic Brain Injury Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law, including nondisclosure of personally identifiable information. (i) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- (1) the development and maintenance of the National Traumatic Brain Injury Surveillance System; (2) the type of information collected and stored in the System; (3) the use and availability of such information, including guidelines for such use; and (4) the use and coordination of databases that collect or maintain information on traumatic brain injury. (j) Definition.--In this Act: (1) National health association.--The term ``national health association'' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. (2) HIPAA privacy and security law.--The term ``HIPAA privacy and security law'' has the meaning given to that term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj-19). (3) Personally identifiable information.--The term ``personally identifiable information'' means information which can be used to distinguish or trace an individual's identity (such as their name, social security number, or biometric records) either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual (such as date of birth, place of birth, and mother's maiden name). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Surveillance.--The term ``surveillance'' means the ongoing, systematic collection, analysis, interpretation, and dissemination of data (other than personally identifiable information) regarding a health-related event for use in public health action to reduce morbidity and mortality and to improve health. (6) Traumatic brain injury.--The term ``traumatic brain injury'' means an injury to the head arising from blunt or penetrating trauma or from acceleration or deceleration forces associated with one or more of the following: decreased level of consciousness, amnesia, objective neurologic or neuropsychological abnormalities, skull fractures, diagnosed intracranial lesions, or head injury listed as a cause of death in the death certificate. (k) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary.

Summary: National Traumatic Brain Injury Research and Treatment Improvement Act of 2015 Requires the Centers for Disease Control and Prevention (CDC) to: (1) evaluate existing surveillance and data collection systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) establish a statistically sound, scientifically credible, and integrated National Traumatic Brain Injury Surveillance System; and (3) ensure that the System is designed in a manner that facilitates further research on brain injury. Requires the CDC to make information and analysis in the System available to the public and ensure that privacy and security protections applicable to the System are at least as stringent as those under the Health Insurance Portability and Accountability Act.


SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. RETENTION OF PRESIDENTIAL AUTHORITY OVER USE OF NATIONAL GUARD OF THE DISTRICT OF COLUMBIA TO RESPOND TO HOMELAND DEFENSE EMERGENCIES. (a) In General.--Chapter 9 of title 32, United States Code, is amended by adding at the end the following new section: ``Sec. 909. Control of National Guard of the District of Columbia for homeland defense activities ``Notwithstanding the authority of the Mayor of the District of Columbia as the Commander-in-Chief of the National Guard of the District of Columbia, as provided by section 6 of the Act entitled `An Act to provide for the organization of the militia of the District of Columbia, and for other purposes', approved March 1, 1889 (sec. 49-409, D.C. Official Code), the President retains control over units and members of the National Guard of the District of Columbia to conduct homeland defense activities that the President determines to be necessary and appropriate for participation by the National Guard units or members.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``909. Control of National Guard of the District of Columbia for homeland defense activities.''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (e) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection: ``(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.''. (d) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Personnel Matters.--Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (g) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (h) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (i) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.

Summary: Amends the District of Columbia Code to make the Mayor of the District of Columbia (under current law, the President of the United States) the Commander-in-Chief of the National Guard of the District. Provides that, notwithstanding the authority of the Mayor of the District of Columbia as such Commander-in-Chief, the President shall retain control over units and members of the District of Columbia National Guard to conduct necessary and appropriate homeland defense activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexible Family Leave Tax Credit Act of 1993''. TITLE I--FAMILY LEAVE CREDIT SEC. 101. CREDIT CREATED. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45A. FAMILY LEAVE CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the amount of the family leave credit for any employer for any taxable year is 20 percent of the qualified compensation with respect to an employee who is on family leave. ``(2) Limitations on availability and amount of credit.-- ``(A) Fewer than 500 employees.--An employer is not entitled to a family leave credit for any taxable year unless-- ``(i) in the case of an employer that is in its first taxable year, the employer had fewer than 500 employees at the close of that year, and ``(ii) in the case of other employers, the employer averaged fewer than 500 employees for its preceding taxable year. An employer is considered to average fewer than 500 employees for a taxable year if the sum of its employees on the last day of each quarter in that year divided by the number of quarters is fewer than 500. ``(B) Dollar cap on qualified compensation.--The amount of qualified compensation that may be taken into account with respect to an employee may not exceed $100 per business day. ``(C) Maximum period of family leave.--No family leave credit will be available to the extent that the period of family leave for an employee exceeds 12 weeks, defined as 60 business days, in any 12-month period. ``(D) Additional limitation on leave for personal serious health conditions.--Leave from an employer in connection with a qualified purpose described in subsection (b)(2)(D) will qualify as family leave only if the employee on leave has no unused sick, disability or similar leave. ``(b) Family Leave.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, an employee is considered to be on `family leave' if the employee is on leave from the employer in connection with any qualified purpose. ``(2) Qualified purposes.--The term `qualified purposes' means-- ``(A) the birth of a child, ``(B) the placement of a child with the employee for adoption or foster care, ``(C) the care of a child, parent or spouse with a serious health condition, or ``(D) the treatment of a serious health condition which makes the employee unable to perform the functions of his or her position. ``(3) Definitions of child, parent and serious health condition.-- ``(A) Child.--The term `child' means an individual who is a son, stepson, daughter, stepdaughter, eligible foster child as described in sections 32(c)(3)(B)(iii) (I) and (II), or legal ward of the employee or employee's spouse, or a child of a person standing in loco parentis and who either has not reached the age of 19 by the commencement of the period of family leave or is physically or mentally incapable of caring for himself or herself. ``(B) Parent.--The term `parent' means an individual with respect to whom the employee would be considered a `child' within the meaning of subsection (b)(2)(A) without regard to the age limitation. ``(C) Serious health condition.--The term `serious health condition' means an illness, injury, impairment, or physical or mental condition that involves the inpatient care in a hospital, hospice or residential health care facility, or substantial and continuing treatment by a health care provider. ``(c) Credit Refundable.--In the case of so much of the section 38 credit as is attributable to the family leave credit-- ``(1) section 38(c) will not apply, and ``(2) for purposes of this section, such credit will be treated as if it were allowed under section 103 of the Flexible Family Leave Tax Credit Act of 1993. ``(d) Nondiscrimination Requirement.--The family leave credit is available to an employer for a taxable year only if the employer provides family leave to its employees for that year on a nondiscriminatory basis. ``(e) Other Definitions and Special Rules.-- ``(1) In general.--For purposes of this section-- ``(A) Employer.--Except as otherwise provided in this subpart, the term `employer' has the meaning provided by section 3306(a)(1) and (3). ``(B) Employee.--The term `employee' includes only permanent employees who have been employed by the employer for at least 12 months and have provided over 1000 hours of service to the employer during the 12 months preceding commencement of the family leave. ``(C) Qualified compensation.--The term `qualified compensation' means the greater of-- ``(i) cash wages paid or incurred by the employer to or on behalf of the employee as remuneration for services during the period of family leave, and ``(ii) cash wages that would have been paid or incurred by the employer to or on behalf of the employee as remuneration for services during the period of family leave had the employee not taken the leave. ``(D) Computation.--For purposes of subsection (e)(1)(C)(ii), the amount of cash wages that would have been paid to the employee for any business day the employee is on family leave is the average daily cash wages of that employee for the four calendar quarters preceding the commencement of the family leave. ``(E) Average daily cash wages.--For purposes of the computation described in subsection (e)(1)(D), an employee's average daily cash wages is his or her total cash wages for the period described in such subsection divided by the number of business days in that period. ``(F) Business day.--The term `business day' includes any day other than a Saturday, Sunday or legal holiday. ``(2) Employment and benefits protection.-- ``(A) In general.--Leave taken under this section shall qualify an employer for a family leave credit only if-- ``(i) upon return from such leave, the employee is entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment; ``(ii) the taking of such leave does not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; and ``(iii) the employer maintains coverage under any `group health plan' (as defined in section 5000(b)(1)) for the duration of such leave, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously during the leave period. ``(B) Limitation.--Nothing in this paragraph shall be construed to require an employer, as a condition of qualifying for a family leave credit, to entitle any employee taking leave to-- ``(i) the accrual of any seniority or employment benefits during any period of leave; or ``(ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. ``(3) Expectation that employee will return to work.--No family leave credit will be available for any portion of a period of family leave during which the employer does not reasonably believe that the employee will return from leave to work for the employer. ``(4) Special rules.--Rules similar to the rules of section 52 shall apply for purposes of this section. ``(5) Regulatory authority.--The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including guidance relating to ensuring adequate employment and benefits protection and guidance to prevent abuse of this section.''. SEC. 102. COORDINATION WITH REFUND PROVISION. For purposes of section 1324(b)(2) of title 31 of the United States Code, section 45A of the Internal Revenue Code of 1986 (as added by this Act) will be considered to be a credit provision of the Internal Revenue Code of 1954 enacted before January 1, 1978. SEC. 103. CONFORMING AMENDMENTS. (a) Section 38 is amended by deleting the ``plus'' after subsection (b)(7) and ``.'' after subsection (b)(8), by inserting ``, plus'' after subsection (b)(8), and by adding a new subsection (b)(9) to read as follows: ``(9) the family leave credit under section 45A.'' (b) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45A. Family leave credit.'' SEC. 104. EFFECTIVE DATE. The amendments made by this title shall apply to family leave that commences 90 days after the date of the enactment of this Act. TITLE II--DEFICIT NEUTRAL REVENUE OFFSET SEC. 201. CORPORATE ESTIMATED TAX PROVISIONS. (a) Increase in Estimated Tax.-- (1) In general.--Subsection (d) of section 6655 of the Internal Revenue Code of 1986 (relating to amount of required installments) is amended-- (A) by striking ``91 percent'' each place it appears in paragraph (1)(B)(i) and inserting ``100 percent'', (B) by striking ``91 percent'' in the heading of paragraph (2) and inserting ``100 percent'', and (C) by striking paragraph (3). (2) Conforming amendments.-- (A) Clause (ii) of section 6655(e)(2)(B) of such Code is amended by striking the table contained therein and inserting the following new table: The ``In the case of the following applicable required installments: percentage is: 1st...................... 254 2nd...................... 504 3rd...................... 754 4th...................... 100.'' (B) Clause (i) of section 6655(e)(3)(A) of such Code is amended by striking ``91 percent'' and inserting ``100 percent''. (b) Modification of Periods for Applying Annualization.-- (1) Clause (i) of section 6655(e)(2)(A) of such Code is amended-- (A) by striking ``or for the first 5 months'' in subclause (II), (B) by striking ``or for the first 8 months'' in subclause (III), and (C) by striking ``or for the first 11 months'' in subclause (IV). (2) Paragraph (2) of section 6655(e) of such Code is amended by adding at the end thereof the following new subparagraph: ``(C) Election for different annualization periods.-- ``(i) If the taxpayer makes an election under this clause-- ``(I) subclause (II) of subparagraph (A)(i) shall be applied by substituting `4 months' for `3 months', ``(II) subclause (III) of subparagraph (A)(i) shall be applied by substituting `7 months' for `6 months', and ``(III) subclause (IV) of subparagraph (A)(i) shall be applied by substituting `10 months' for `9 months'. ``(ii) If the taxpayer makes an election under this clause-- ``(I) subclause (II) of subparagraph (A)(i) shall be applied by substituting `5 months' for `3 months', ``(II) subclause (III) of subparagraph (A)(i) shall be applied by substituting `8 months' for `6 months', and ``(III) subclause (IV) of subparagraph (A)(i) shall be applied by substituting `11 months' for `9 months'. ``(iii) An election under clause (i) or (ii) shall apply to the taxable year for which made and such an election shall be effective only if made on or before the date required for the payment of the second required installment for such taxable year.'' (3) The last sentence of section 6655(g)(3) of such Code is amended by striking ``and subsection (e)(2)(A)'' and inserting ``and, except in the case of an election under subsection (e)(2)(C), subsection (e)(2)(A)''. (c) Effective Date.--The amendments made by this section shall apply to any installment due date occurring more than 90 days after the date of enactment of this Act.

Summary: Flexible Family Leave Tax Credit Act of 1993 - Title I: Family Leave Credit - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave. Provides that employees qualify for such program if they have no unused sick, disability, or similar leave. Title II: Deficit Neutral Revenue Offset - Increases corporate estimated tax payments for corporations that do not use the previous year's liability safe harbor. Modifies the rules for income annualization for such tax payments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving and Investment Act of 1993''. SEC. 2. ALLOWANCE OF DEDUCTION FOR DIVIDENDS PAID BY DOMESTIC CORPORATIONS. (a) In General.--Section 243 of the Internal Revenue Code of 1986 (relating to dividends received by corporations) is amended to read as follows: ``SEC. 243. DIVIDENDS PAID BY DOMESTIC CORPORATIONS. ``(a) General Rule.--In the case of a domestic corporation which is subject to taxation under this chapter, there shall be allowed as a deduction for the taxable year an amount equal to the dividends paid by such corporation during the taxable year. ``(b) Dividends.--For purposes of this section, the term `dividend' means any dividend (as defined in section 316) to which section 301 applies. ``(c) Certain Corporations Not Eligible.--No deduction shall be allowed under this section with respect to dividends paid by any corporation which is-- ``(1) an S corporation (as defined in section 1361(a)(1)); ``(2) a regulated investment company (as defined in section 851(a)); ``(3) a real estate investment trust (as defined in section 856(a)); or ``(4) a personal holding company (as defined in section 542). ``(d) Special Rules for Certain Distributions of Mutual Savings Banks, Etc.--For purposes of this section, any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.) shall not be treated as a dividend.'' (b) Repeal of Deductions for Dividends Received From Domestic Corporations and Rules Relating Thereto; Repeal of Deduction for Dividends Paid on Certain Preferred Stock of Public Utilities.-- Sections 244 (relating to dividends received on certain preferred stock), 246 (relating to rules applying to deductions for dividends received), and 247 (relating to dividends paid on certain preferred stock of public utilities) of such Code are hereby repealed. (c) Conforming Amendments.-- (1) Dividends received from certain foreign corporations.-- (A) Transfer of provision specifying deductible percentage of dividend received.--Paragraph (1) of section 245(a) of such Code (relating generally to dividends received from 10-percent owned foreign corporations) is amended by striking ``the percent (specified in section 243 for the taxable year)'' and inserting in lieu thereof ``85 percent (100 percent in the case of a small business investment company operating under the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.))''. (B) Transfer of limitation on aggregate amount of dividends received deduction, exclusion of certain dividends, etc.--Section 245 of such Code (relating to dividends received from certain foreign corporations) is amended by adding at the end the following new subsections: ``(e) Limitation and Special Rules.-- ``(1) Limitation on aggregate amount of deduction.-- ``(A) In general.--Except as provided by subparagraph (B), the aggregate amount of the deductions allowed by subsections (a) and (b) shall not exceed 80 percent of the taxable income computed without regard to-- ``(i) the deductions allowed by section 172, ``(ii) any adjustment under section 1059, and ``(iii) any capital loss carryback to the taxable year under section 1212(a)(1). ``(B) Effect of net operating loss.--Subparagraph (A) shall not apply for any taxable year for which there is a net operating loss (as determined under section 172). ``(2) Exclusion of certain dividends.-- ``(A) In general.--No deduction shall be allowed under subsection (a) or (b) in respect of any dividend on any share of stock-- ``(i) which is sold or otherwise disposed of in any case in which the taxpayer has held such share for 45 days or less, or ``(ii) to the extent that the taxpayer is under an obligation (whether pursuant to a short sale or otherwise) to make corresponding payments with respect to positions in substantially similar or related property. ``(B) 90-day rule in the case of certain preference dividends.--In the case of any stock having preference in dividends, the holding period specified in subparagraph (A)(i) shall be 90 days in lieu of 45 days if the taxpayer receives dividends with respect to such stock which are attributable to a period or periods aggregating in excess of 366 days. ``(C) Determination of holding periods.--For purposes of this subsection, in determining the period for which the taxpayer has held any share of stock-- ``(i) the day of disposition, but not the day of acquisition, shall be taken into account, ``(ii) there shall not be taken into account any day which is more than 45 days (or 90 days in the case of stock to which subparagraph (B) applies) after the date on which such share becomes ex-dividend, and ``(iii) paragraph (4) of section 1223 shall not apply. ``(D) Holding period reduced for periods where risk of loss diminished.--The holding periods determined under the preceding provisions of this subparagraph shall be appropriately reduced (in the manner provided in regulations prescribed by the Secretary) for any period (during such periods) in which-- ``(i) the taxpayer has an option to sell, is under a contractual obligation to sell, or has made (and not closed) a short sale of, substantially identical stock or securities, ``(ii) the taxpayer is the grantor of an option to buy substantially identical stock or securities, or ``(iii) under regulations prescribed by the Secretary, a taxpayer has diminished his risk of loss by holding 1 or more other positions with respect to substantially similar or related property. The preceding sentence shall not apply in the case of any qualified covered call (as defined in section 1092(c)(4) but without regard to the requirement that gain or loss with respect to the option not be ordinary income or loss). ``(f) Cross Reference.-- ``For special rule relating to mutual savings banks, etc., to which section 593 applies, see section 596.'' (2) Net operating loss deduction.--Paragraph (6) of section 172(d) of such Code is amended to read as follows: ``(6) Computation of deduction for dividends received from certain foreign corporations.--The deduction allowed by section 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 245(e)(1).'' (3) Dividends received deduction reduced where portfolio stock is debt financed.-- (A) Subsections (a) and (e) of section 246A of such Code (relating to dividends received deduction reduced where portfolio stock is debt financed) are each amended by striking ``243, 244, or''. (B) Subsection (b) of section 246A of such Code is amended to read as follows: ``(b) Section Not to Apply to Dividends for Which 100 Percent Dividends Received Deduction Allowable.--Subsection (a) shall not apply to dividends received by a small business investment company operating under the Small Business Investment Act of 1958.'' (4) Limitation on dividends received deduction for mutual savings banks, etc.--Section 596 of such Code (relating to limitation on dividends received deduction) is amended by striking ``sections 243, 244, and 245'' and inserting in lieu thereof ``section 245''. (d) Clerical Amendments.--The table of sections for part VIII of subchapter B of chapter 1 is amended by striking the items relating to sections 243, 244, 246, and 247 and inserting after the item relating to section 241 the following: ``Sec. 243. Dividends paid by domestic corporations.'' (e) Effective Date.--The amendments made by this section shall apply to distributions made after December 31, 1993.

Summary: Saving and Investment Act of 1993 - Amends the Internal Revenue Code to permit an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases from 80 percent to 85 percent the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Plan B for Plan B Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Food and Drug Administration has declared Plan B to be safe and effective in preventing unintended pregnancy, reducing the risk by as much as 89 percent if taken within days of unprotected intercourse and up to 95 percent if taken in the first 24 hours. (2) On April 21, 2003, product manufacturers Women's Capital Corporation, controlled by Barr Pharmaceuticals, submitted a supplemental new drug application to the Food and Drug Administration to switch Plan B from prescription-only to over-the-counter status for women of all ages. (3) On December 16, 2003, a joint panel of the Food and Drug Administration's Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 28-0 that Plan B could be used safely in a non-prescription setting. (4) On December 16, 2003, a joint panel of the Food and Drug Administration's Reproductive Health Drugs Advisory Committee and Non-Prescription Drugs Advisory Committee voted 23-4 to recommend that the Food and Drug Administration approve the application to make Plan B available over-the-counter for women of all ages. (5) On May 6, 2004, the Food and Drug Administration deemed the application not approvable, directly contradicting the overwhelming weight of their own scientific evidence. (6) At the suggestion of the Food and Drug Administration, Barr Pharmaceutical submitted a formal response, dated July 16, 2003, to the Administration's non-approvable determination, supporting the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older. (7) On January 21, 2005, the Food and Drug Administration delayed issuing a decision on the Plan B application. (8) A letter dated July 13, 2005, from Secretary of Health and Human Services Michael O. Leavitt to Chairman Mike Enzi of the Committee on Health, Education, Labor, and Pensions of the Senate stated that the Food and Drug Administration would act on the Plan B application by September 1, 2005. (9) On August 26, 2005, the Food and Drug Administration did not approve or disapprove the Plan B application, and instead decided to publish an advance notice of proposed rulemaking in the Federal Register, even while concluding that ``the available scientific data are sufficient to support the safe use of Plan B as an OTC product . . . for women who are 17 years of age or older''. (10) On August 31, 2005, Susan F. Wood, serving as the Food and Drug Administration's assistant commissioner for women's health and director of the Office of Women's Health, resigned her position because of the Administration's refusal to issue a final decision on the Plan B application, saying that she could not serve at the Administration when ``scientific and clinical evidence, fully evaluated and recommended for approval by the professional staff [at the Administration], has been overruled''. (11) On September 1, 2005, the Food and Drug Administration issued an advance notice of proposed rulemaking (70 FR 52050) to request comment by November 1, 2005, on whether to initiate a rulemaking to codify the Administration's interpretation of section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) regarding when an active ingredient may be simultaneously marketed in both a prescription drug product and an over-the-counter (OTC) drug product, potentially adding years of unnecessary regulatory delays to an already extended process which is keeping Plan B from over-the-counter status. SEC. 3. DECISION BY FDA ON MARKETING OF EMERGENCY CONTRACEPTION. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall approve or disapprove the supplemental new drug application for Plan B, as amended by the formal response to the non-approvable letter. (b) Failure to Approve or Disapprove.--If the Commissioner fails to approve or disapprove the application described in subsection (a) by the deadline described in such subsection-- (1) the Commissioner is deemed to have approved the application; and (2) such deemed approval shall continue in effect unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application. (c) Definitions.--In this Act: (1) The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) The term ``formal response'' means the formal response, dated July 16, 2003, to the non-approvable letter, supporting the marketing of Plan B as a prescription drug for women 15 years of age or younger and a nonprescription drug for women 16 years of age or older. (3) The term ``Plan B'' means 0.75 mg levonorgestrel tablets. (4) The term ``prescription drug'' means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)). (5) The term ``supplemental new drug application for Plan B'' means the supplemental new drug application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) on April 21, 2003, by product manufacturers Women's Capital Corporation, controlled by Barr Pharmaceuticals, to the Food and Drug Administration to switch Plan B from prescription-only to nonprescription status for women of all ages. (6) The term ``non-approvable letter'' means the non- approvable letter dated May 6, 2004, from the Food and Drug Administration to Barr Pharmaceuticals.

Summary: Plan B for Plan B Act of 2005 - Requires the Commissioner of Food and Drugs to approve or disapprove within 30 days the supplemental new drug application submitted by Women's Capital Corporation for Plan B (defined as .75 mg levonorgestrel tablets [commonly referred to as the morning-after pill]), as amended by a formal response to the Food and Drug Administration's non-approvable determination, that would switch the drug from prescription-only to nonprescription status for women 16 years or older. Deems the Commissioner as having approved the application if the deadline is not met and continues such approval unless the Commissioner publishes in the Federal Register a determination to approve or disapprove the application.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Designation Improvement Act of 2017''. SEC. 2. REVISIONS TO COUNCIL AUTHORITY. (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (b) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (1) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''; and (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``; or'' at the end and inserting a period; (B) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (C) by striking subparagraph (B). (c) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (d) Mitigation.--Section 121(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (e) Office of Financial Research.--Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of 50,000,000,000 or greater'' and inserting ``which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. SEC. 3. REVISIONS TO BOARD AUTHORITY. (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165''. (c) Enhanced Supervision and Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (1) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l)''; (2) in subsection (a)(2)-- (A) by striking ``(A) In general.--''; (B) in subparagraph (A), by striking ``may'' and inserting ``shall''; and (C) by striking subparagraph (B); (3) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l)''. (d) Advanced Tailoring.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended by adding at the end the following: ``(l) Additional Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards by Tailored Regulation.-- ``(1) Determination.--The Board of Governors may, within the limits of its existing resources-- ``(A) determine that a bank holding company that has not been identified as a global systemically important bank holding company pursuant to section 217.402 of title 12, Code of Federal Regulations, shall be subject to certain enhanced supervision or prudential standards under this section, tailored to the risks presented, based on the considerations in paragraph (3), where material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the individual bank holding company, could pose a threat to the financial stability of the United States; or ``(B) by regulation determine that a category of bank holding companies that have not been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, shall be subject to certain enhanced supervision or prudential standards under this section, tailored to the risk presented by the category of bank holding companies, based on the considerations in paragraph (3), where material financial distress at the category of bank holding companies, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the category of bank holding companies, could pose a threat to the financial stability of the United States. ``(2) Council approval of regulations with respect to categories.--Notwithstanding paragraph (1)(B), a regulation issued by the Board of Governors to make a determination under such paragraph (1)(B) shall not take effect unless the Council, by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, approves the metrics used by the Board of Governors in establishing such regulation. ``(3) Considerations.--In making any determination under paragraph (1), the Board of Governors shall consider the following factors: ``(A) The size of the bank holding company. ``(B) The interconnectedness of the bank holding company. ``(C) The extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company. ``(D) The global cross-jurisdictional activity of the bank holding company. ``(E) The complexity of the bank holding company. ``(4) Consistent application of considerations.--In making a determination under paragraph (1), the Board of Governors shall ensure that bank holding companies that are similarly situated with respect to the factors described under paragraph (3), are treated similarly for purposes of any enhanced supervision or prudential standards applied under this section. ``(5) Use of currently reported data to avoid unnecessary burden.--For purposes of making a determination under paragraph (1), the Board of Governors shall make use of data already being reported to the Board of Governors, including from calculating a bank holding company's systemic indicator score, in order to avoid placing an unnecessary burden on bank holding companies.''. (e) Systemic Identification.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365), as amended by subsection (d), is further amended by adding at the end the following: ``(m) Systemic Identification.--With respect to the identification of bank holding companies as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l), the Board of Governors shall-- ``(1) publish, including on the Board of Governors's website, a list of all bank holding companies that have been so identified, and keep such list current; and ``(2) solicit feedback from the Council on the identification process and on the application of such process to specific bank holding companies.''. (f) Conforming Amendment.--The second subsection (s) (relating to ``Assessments, Fees, and Other Charges for Certain Companies'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) by redesignating such subsection as subsection (t); and (2) in paragraph (2)(A), by striking ``having total consolidated assets of $50,000,000,000 or more'' and inserting ``which have been identified as global systemically important bank holding companies pursuant to section 217.402 of title 12, Code of Federal Regulations, or subjected to a determination under subsection (l) of section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to prohibit the Board of Governors of the Federal Reserve System from prescribing enhanced prudential standards for any bank holding company which the Board of Governors determines, based upon the bank holding company's size, interconnectedness, substitutability, global cross-jurisdictional activity, and complexity, could pose a safety and soundness risk to the stability of the United States banking or financial system but has not been designated as a global systemically important bank holding company. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect after the end of the 1-year period following the date of the enactment of this Act.

Summary: Systemic Risk Designation Improvement Act of 2017 This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to allow the Federal Reserve Board (FRB) to subject a bank holding company to enhanced supervision if: (1) the company has been identified as a global systemically important company; or (2) the risk of the company's financial distress, or the nature of the company's activities, could pose a threat to the financial stability of the United States. Currently, companies are subject to this type of oversight if they possess at least $50 billion in assets or are a nonbank financial company under the FRB's supervision. The Financial Stability Oversight Council must approve of any metrics used by the FRB in determining by regulation that a category of bank holding companies is subject to enhanced supervision. Under this bill, companies subject to enhanced supervision may be required to limit mergers and acquisitions, restrict products offered, or maintain a certain debt ratio. The FRB must publish the list of companies that have been identified as requiring enhanced supervision.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Safe Food Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Establishment of independent Food Safety Administration. Sec. 5. Consolidation of separate food safety and inspection services and agencies. Sec. 6. Additional authorities of the Administration. Sec. 7. Limitation on authorization of appropriations. Sec. 8. Effective date. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The safety and security of the food supply of the United States requires efficient and effective management of food safety regulations. (2) The safety of the food supply of the United States is facing tremendous pressures with regard to the following issues: (A) Emerging pathogens and the ability to detect them. (B) An aging population with a growing number of people at high risk for foodborne illnesses. (C) An increasing volume of imported foods, without adequate monitoring and inspection. (D) Maintenance of adequate inspection of the domestic food processing and food service industry. (3) Federal food safety inspection, enforcement, and research efforts should be based on scientifically supportable assessments of risks to public health. (4) The Federal food safety system is fragmented, with at least 12 primary Federal agencies governing food safety. (b) Purposes.--It is the purpose of this Act-- (1) to establish a single agency, the Food Safety Administration, that will be responsible for the regulation of food safety and labeling and for conducting food safety inspections to ensure, with reasonable certainty, that no harm will result from the consumption of food, by preventing food- borne illnesses due to microbial, natural, or chemical hazards in food; and (2) to transfer to the Food Safety Administration the food safety, labeling, and inspection functions currently performed by other Federal agencies, to achieve more efficient management and effective application of Federal food safety laws for the protection and improvement of public health. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Administration.--The term ``Administration'' means the Food Safety Administration established under section 4. (2) Administrator.--The term ``Administrator'' means the Administrator of Food Safety appointed under section 4. (3) Food safety laws.--The term ``food safety laws'' means the following: (A) The Federal Meat Inspection Act (21 U.S.C. 601 et seq.). (B) The Poultry Products Inspection Act (21 U.S.C. 451 et seq.). (C) The Egg Products Inspection Act (21 U.S.C. 1031 et seq.). (D) The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), with regard to food safety, labeling, and inspection under that Act. (E) Such other laws and portions of laws regarding food safety, labeling, and inspection as the President may designate by Executive order as appropriate to consolidate under the administration of the Administration. SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION. (a) Establishment of Administration; Administrator.--There is established in the executive branch an agency to be known as the ``Food Safety Administration''. The Administration shall be an independent establishment, as defined in section 104 of title 5, United States Code. The Administration shall be headed by the Administrator of Food Safety, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Responsibilities.--The Administrator shall administer and enforce the food safety laws for the protection of the public health and shall oversee the following functions of the Administration: (1) Implementation of Federal food safety inspection, enforcement, and research efforts, based on scientifically supportable assessments of risks to public health. (2) Development of consistent and science-based standards for safe food. (3) Coordination and prioritization of food safety research and education programs with other Federal agencies. (4) Coordination of the Federal response to foodborne illness outbreaks with other Federal agencies and State agencies. (5) Integration of Federal food safety activities with State and local agencies. SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES AND AGENCIES. (a) Transfer of Functions.--For each Federal agency specified in subsection (b), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the effective date specified in section 8 (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety laws, as determined by the President. (b) Covered Agencies.--The Federal agencies referred to in subsection (a) are the following: (1) The Food Safety and Inspection Service of the Department of Agriculture. (2) The Center for Food Safety and Applied Nutrition of the Food and Drug Administration. (3) The Center for Veterinary Medicine of the Food and Drug Administration. (4) The National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program. (5) Such other offices, services, or agencies as the President may designate by Executive order to further the purposes of this Act. (c) Transfer of Assets and Funds.--Consistent with section 1531 of title 31, United States Code, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds that relate to the functions transferred under subsection (a) from a Federal agency shall be transferred to the Administration. Unexpended funds transferred pursuant to this subsection shall be used by the Administration only for the purposes for which the funds were originally authorized and appropriated. (d) References.--After the transfer of functions from a Federal agency under subsection (a), any reference in any other Federal law, Executive order, rule, regulation, document, or other material to that Federal agency or the head of that agency in connection with the administration or enforcement of the food safety laws shall be deemed to be a reference to the Administration or the Administrator, respectively. (e) Savings Provisions.--The transfer of functions from a Federal agency under subsection (a) shall not affect-- (1) an order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action issued, made, granted, or otherwise in effect or final with respect to that agency on the day before the transfer date with respect to the transferred functions; or (2) any suit commenced with regard to that agency, and any other proceeding (including a notice of proposed rulemaking), or any application for any license, permit, certificate, or financial assistance pending before that agency on the day before the transfer date with respect to the transferred functions. SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION. (a) Officers and Employees.--The Administrator may appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service, and fix the compensation of the officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (b) Experts and Consultants.--The Administrator may procure the services of experts and consultants as authorized by section 3109 of title 5, United States Code, and pay in connection with the services travel expenses of individuals, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of such title. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator may determine to be necessary to discharge the responsibilities of the Administration. (d) Rules.--The Administrator may prescribe, in accordance with chapters 5 and 6 of title 5, United States Code, such rules as the Administrator determines to be necessary or appropriate to administer and manage the functions of the Administrator. SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS. For the fiscal year that includes the effective date of this Act, the amount authorized to be appropriated to carry out this Act shall not exceed-- (1) the amount appropriated for that fiscal year for the Federal agencies described in section 5(b) for the purpose of administering or enforcing the food safety laws; or (2) the amount appropriated for these agencies for such purpose for the preceding fiscal year, if, as of the effective date of this Act, appropriations for these agencies for the fiscal year that includes the effective date have not yet been made. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the earlier of-- (1) the date that is 180 days after the date of the enactment of this Act; and (2) such date during that 180-day period as the President may direct in an Executive order.

Summary: Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration (FDA); (3) the Center for Veterinary Medicine of FDA; (4) the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program; and (5) such others as the President may designate by executive order.


.--For purposes of section 822(a)(2), the term `joint resolution' means only a joint resolution of the two Houses of Congress--- ``(1) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the determination and report of the President relating to compliance by North Korea with certain international obligations transmitted pursuant to section 822(a)(1) of the North Korea Threat Reduction Act of 1999.'; ``(2) which does not have a preamble; and ``(3) the title of which is as follows: `Joint Resolution relating to compliance by North Korea with certain international obligations pursuant to the North Korea Threat Reduction Act of 1999.'. ``(b) Congressional Review Procedures.-- ``(1) Rulemaking.--The provisions of this section are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures of that House at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(2) Introduction and referral.-- ``(A) Introduction.--A joint resolution described in subsection (a)-- ``(i) shall be introduced in the House of Representatives by the majority leader or minority leader or by a Member of the House of Representatives designated by the majority leader or minority leader; and ``(ii) shall be introduced in the Senate by the majority leader or minority leader or a Member of the Senate designated by the majority leader or minority leader. ``(B) Referral.--The joint resolution shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Discharge of committees.--If a committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of 30 days beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. ``(4) Floor consideration in the house of representatives.-- ``(A) In general.--On or after the third calendar day (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) after the date on which the committee to which a joint resolution described in subsection (a) is referred has reported, or has been discharged from further consideration of, such a joint resolution, it shall be in order for any Member of the House to move to proceed to the consideration of the joint resolution. A Member of the House may make the motion only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution which shall remain the unfinished business until disposed of. ``(B) Debate.--Debate on a joint resolution described in subsection (a), and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(C) Appeals.--Appeals from the decisions of the Chair to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(5) Floor consideration in the senate.--Any joint resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. ``(6) Consideration by the other house.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(A) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). ``(B) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the joint resolution of the other House. ``(C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. ``(7) Computation of days.--In the computation of the period of 30 days referred to in paragraph (3), there shall be excluded 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 or because of an adjournment of the Congress sine die.''. SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. Section 822(a) of the North Korea Threat Reduction Act of 1999 is amended by striking ``such agreement,'' both places it appears and inserting in both places ``such agreement (or that are controlled under the Export Trigger List of the Nuclear Suppliers Group),''. SEC. 4. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. The North Korea Threat Reduction Act of 1999 is amended-- (1) by redesignating section 824 (as redesignated by section 2(b)(1)) as section 825; and (2) by inserting after section 823 (as added by section 2(b)(2)) the following new section: ``SEC. 824. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA. ``(a) Prohibition.--In supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any department, agency, or instrumentality of the United States Government may enter into any international agreement, contract, or other arrangement, the purpose or effect of which is to impose liability on the United States Government, or otherwise require financial indemnity by the United States Government, for nuclear accidents that may occur at nuclear reactors provided to North Korea pursuant to the Agreed Framework. ``(b) Construction.-- Except as provided in subsection (c), the prohibition of subsection (a) shall apply notwithstanding any other provision of law. ``(c) Exception.--Subsection (a) shall not apply to any treaty subject to approval by the Senate pursuant to article II, section 2, clause 2 of the Constitution of the United States.''.

Summary: Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution. Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group. Declares that in supporting the provision of nuclear reactors to North Korea pursuant to the Agreed Framework, neither the President nor any U.S. agency may enter into any international agreement, contract, or other arrangement to impose liability on the U.S. Government for nuclear accidents that may occur at nuclear reactors provided to North Korea.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Uterine Fibroid Research and Education Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) The development of uterine fibroids is a common and significant health problem, affecting women of all ages, racial backgrounds, and socioeconomic levels. (2) It has been estimated that between 20 and 30 percent of women of reproductive age have uterine fibroids, though not all have been diagnosed. Studies indicate the prevalence could be much higher. (3) Symptomatic uterine fibroids can cause heavy bleeding, pain, and reproductive problems, including infertility. There is no known cause of uterine fibroids. (4) Uterine fibroids are the most common indication for hysterectomy, accounting for approximately one-third of hysterectomies, or 200,000 procedures annually. (5) African American women are 2 to 3 times more likely to develop uterine fibroids than women of other racial groups. (6) The estimated annual charges for inpatient care for uterine fibroids totaled more than $2,000,000,000 in 1997. (7) The Agency for Healthcare Research and Quality found a ``remarkable lack of high quality evidence supporting the effectiveness of most interventions for symptomatic fibroids''. SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS. (a) In General.--The Director of the National Institutes of Health (in this section referred to as the ``Director of NIH'') shall expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. (b) Administration.-- (1) In general.--The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers, including the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women's Health, the National Center on Minority Health and Health Disparities, and any other agencies that the Director of NIH determines to be appropriate. (2) Coordination of activities.--The Office of Research on Women's Health shall coordinate activities under paragraph (1) among the institutes, offices, and centers of the National Institutes of Health. (c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2004 through 2008. SEC. 4. INFORMATION AND EDUCATION WITH RESPECT TO UTERINE FIBROIDS. (a) Uterine Fibroids Public Education Program.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding uterine fibroids, including information on-- (A) the incidence and prevalence of uterine fibroids; (B) the elevated risk for minority women; and (C) the availability, as medically appropriate, of a range of treatment options for symptomatic uterine fibroids. (2) Dissemination.--The Secretary may disseminate information under paragraph (1) directly, or through arrangements with nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), Federal, State, or local agencies, or the media. (3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. (b) Uterine Fibroids Information Program for Health Care Providers.-- (1) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on uterine fibroids, including information on the elevated risk for minority women and the range of available options for the treatment of symptomatic uterine fibroids. (2) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2008. (c) Definition.--For purposes of this section, the term ``minority'', with respect to women, means women who are members of racial or ethnic minority groups within the meaning of section 1707 of the Public Health Service Act (42 U.S.C. 300u-6).

Summary: Uterine Fibroid Research and Education Act of 2003 - Directs the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to uterine fibroids. Directs the Secretary of Health and Human Services to develop and disseminate to the public information regarding uterine fibroids, including on: (1) the elevated risk for minority women; and (2) the availability of a range of treatment options. Directs the Secretary, acting through the Administrator of the Health Resources and Services Administration, to develop and disseminate to health care providers information on uterine fibroids, including on: (1) the elevated risk for minority women; and (2) and treatment options.


SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE MATERIALS BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Reports on Locations, Types, and Amounts of Stored Explosive Materials.-- (1) Initial reports.--Within 6 months after the date of the enactment of this Act, each State shall submit to the Attorney General a written report that specifies each location at which any law enforcement agency operating under State law stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, and the types and amounts of such materials stored or kept at the location. (2) Subsequent reports.--At such times as the Attorney General shall provide in regulations, each State shall submit to the Attorney General a written report that updates the most recent report submitted by the agency pursuant to this subsection. (b) Regulations Governing Storage of Explosive Materials.--Within 6 months after the date of the enactment of this Act, the Attorney General shall prescribe final regulations governing the storage and keeping by State and local law enforcement agencies of explosive materials that have been shipped or transported in interstate or foreign commerce. The regulations shall set forth the standards of public safety and security against theft which any place at which explosive materials that have been shipped or transported in interstate or foreign commerce are so stored or kept shall meet, and shall, at a minimum, require any such place to be subject to video surveillance or to have in operation an alarm system capable of notifying the agency of unauthorized entry. (c) Inspection Authority.--The Attorney General may enter during business hours any place where a State or local law enforcement agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, for the purpose of inspecting the explosive materials and determining whether the materials are being stored or kept in compliance with the regulations prescribed under subsection (b). (d) Authority to Impose Penalty for Noncompliance.-- (1) Authority to reduce grants.--If a State or local law enforcement agency fails to comply with this section or any regulation prescribed under this section, the Attorney General may reduce by 10 percent the funds that the agency would otherwise receive, or would otherwise be allocated, under any grant program of the Department of Justice. (2) Reallocation of funds.--Any funds that are not allocated to a State or local law enforcement agency by reason of paragraph (1) shall be reallocated to other State or local law enforcement agencies whose grants are not reduced by reason of paragraph (1). SEC. 2. MATCHING GRANTS. (a) Application.--A State or local law enforcement agency may submit to the Attorney General an application for a grant under this section, which shall contain-- (1) a good faith estimate of the total amount the agency will need to expend to comply with the regulations prescribed under section 1(b); and (2) a certification that the agency has obtained commitments to receive from State or local sources sums totalling not less than \1/2\ of the amount referred to in paragraph (1), and will expend the sums to achieve such compliance. (b) Grant Authority.--The Attorney General may make a grant under this section to an applicant therefor if-- (1) the application contains the information required by subsection (a)(1) of this section; and (2) the applicant has submitted to the Attorney General all reports required from the applicant by or under section 1(a). (c) Amount of Grant.--The amount of the grant to be made to an applicant under this section shall not exceed \1/2\ of the amount set forth in the application pursuant to subsection (a)(1). (d) Use of Grant.--An applicant who receives a grant under this section shall use the grant only to cover the cost of complying with the regulations prescribed under section 1(b). (e) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Attorney General $10,000,000, without fiscal year limitation. SEC. 3. DEFINITIONS. In this Act: (1) Explosive materials.--The term ``explosive materials'' has the meaning given in section 841(c) of title 18, United States Code. (2) Law enforcement agency.--The term ``law enforcement agency'' does not include any component of the National Guard. (3) State.--The term ``State'' includes the District of Columbia.

Summary: Requires each State to submit to the Attorney General a written report (and subsequent updates) that specifies each location at which a State law enforcement agency stores explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by such agencies, including public safety and security standards and requirements for video surveillance or an alarm system. Authorizes the Attorney General to: (1) make matching grants to State and local law enforcement agencies for complying with such regulations; (2) enter any place where such an agency keeps such explosive materials for inspection and compliance determinations; and (3) reduce by ten percent the funds that an agency would otherwise receive under any Department of Justice grant program if the agency fails to comply.