SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Transfer Improvements Act of 1993''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The commercialization of technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) The Government can help United States business to speed the development of new products and processes by entering into Cooperative Research and Development Agreements which make available the assistance of the Federal laboratories to the private sector, but the commercialization of technology and industrial innovation in the United States depends largely upon actions by business. (3) Government action to claim a right of ownership to any invention or other intellectual property developed under a Cooperative Research and Development Agreement can inhibit the establishment of such agreements with business and can prevent the commercialization of technology and industrial innovation by business. (4) The commercialization of technology and industrial innovation in the United States will be enhanced if the ownership of any invention or other intellectual property developed under a Cooperative Research and Development Agreement belongs to a company or companies incorporated in the United States. SEC. 3. TITLE TO INTELLECTUAL PROPERTY ARISING FROM COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS. Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended as follows: (1) In the text of subsection (b) immediately preceding paragraph (1), strike ``Government-operated Federal laboratory, and to the extent provided in an agency-approved joint work statement, a Government-owned contractor-operated laboratory, may'' and insert ``Federal laboratory shall ensure that title to any intellectual property arising from the agreement, except intellectual property developed in whole by a laboratory employee, is assigned to the collaborating party or parties to the agreement in exchange for reasonable compensation to the laboratory, and may''. (2) In subsection (b)(2), strike ``or in part''. (3) Amend subsection (b)(3) to read as follows: ``(3) retain a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating party or parties for any intellectual property arising from the agreement, and have such license practiced throughout the world by or on behalf of the Government, but shall not, in the exercise of such license, publicly disclose proprietary information related to the license;''. (4) Amend subsection (b)(4) to read as follows: ``(4) retain the right, in accordance with procedures provided in regulations promulgated under this section, to require a collaborating party to grant to a responsible applicant or applicants a nonexclusive, partially exclusive, or exclusive license to use the subject intellectual property in any field of use, on terms that are reasonable under the circumstances, or if the collaborating party fails to grant such a license, to grant the license itself if the laboratory finds that-- ``(A) the collaborating party has not taken, and is not expected to take within a reasonable time, effective steps to achieve practical application of the subject intellectual property in the field of use; ``(B) such action is necessary to meet health or safety needs that are not reasonably satisfied by the collaborating party; ``(C) such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the collaborating party; or ``(D) the collaborating party has not entered into or is in breach of an agreement made pursuant to subsection (c)(4)(B).''. (5) In subsection (d)(2), strike ``and'' at the end; (6) In subsection (d)(3), strike the period at the end and insert ``; and''. (7) At the end of subsection (d), insert the following new paragraph: ``(4) the term `intellectual property rights' means-- ``(A) in the case of government-owned, government- operated Federal laboratories, patents; and ``(B) in the case of government-owned, contractor- operated Federal laboratories, patents, copyrights, and computer chip mask work registrations.''. SEC. 4. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY FEDERAL LABORATORIES. Section 14 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710c) is amended to read as follows: ``SEC. 14. DISTRIBUTION OF INCOME FROM INTELLECTUAL PROPERTY RECEIVED BY FEDERAL AGENCIES OR LABORATORIES. ``(a) In General.-- ``(1) Except as provided in paragraphs (2) and (4), any income received by a Federal agency or laboratory from the licensing or assignment of intellectual property under agreements entered into by Federal laboratories under section 12, and intellectual property of Federal agencies or laboratories licensed under section 207 of title 35, United States Code, or under any other provision of law, shall be retained by the agency or laboratory and shall be disposed of as follows: ``(A)(i) The head of the agency or laboratory or his designee shall pay to the laboratory employee or employees who have assigned their rights in the intellectual property to the United States, to the laboratory operator, or to a collaborating party or parties to a research agreement an amount equal to the sum of-- ``(I) the first $10,000 received by the agency or laboratory from the intellectual property; and ``(II) 15 percent of any income received by the agency or laboratory from the intellectual property in excess of the sum of the amount paid pursuant to item (I) and the value of unreimbursed research and development resources provided by the laboratory under the terms of the agreement. ``(ii) An agency or laboratory may provide appropriate incentives from royalties to laboratory employees who contribute substantially to the technical development of licensed or assigned intellectual property between the time that the intellectual property rights are legally asserted and the time of the licensing or assigning of the intellectual property rights. ``(iii) The agency or laboratory shall retain the income received from intellectual property until the agency or laboratory makes payments to laboratory employees under clause (i) or (ii). ``(B) The balance of the income shall be transferred to the agency's laboratories, with the majority share of the royalties or other income going to the laboratory where the intellectual property originated, and the income so transferred to any such laboratory may be used or obligated by that laboratory during the fiscal year in which it is received or during the succeeding fiscal year-- ``(i) for payment of not more than 15 percent of such income for expenses incidental to the administration and licensing of intellectual property by the agency or laboratory with respect to intellectual property which originated at that laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for intellectual property management and licensing services; ``(ii) to reward scientific, engineering, and technical employees of the laboratory, including developers of sensitive or classified technology, regardless of whether the technology has commercial applications; ``(iii) to further scientific exchange among the laboratories of the agency; or ``(iv) for education and training of employees consistent with the research and development mission and objectives of the agency or laboratory, and for other activities that increase the potential for transfer of the technology of the laboratories of the agency. All income retained by the agency or laboratory after payments have been made pursuant to subparagraphs (A) and (B) that is unobligated and unexpended at the end of the fiscal year succeeding the fiscal year in which the income was received shall be paid into the United States Treasury. ``(2) If, after payments to employees under paragraph (1), the intellectual property income received by an agency and its laboratories in any fiscal year exceeds 5 percent of the budget of the laboratories of the agency for that year, 75 percent of such excess shall be paid to the United States Treasury and the remaining 25 percent may be used or obligated for the purposes described in clauses (i) through (iv) of paragraph (1)(B) during that fiscal year or the succeeding fiscal year. Any income not so used or obligated shall be paid into the United States Treasury. ``(3) Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which the employee is otherwise entitled or for which the employee is otherwise eligible, or limit the amount thereof. Any payment made under this section to any employee shall continue after the employee leaves the employment of the laboratory or agency. ``(4) A Federal agency receiving income as a result of intellectual property management services performed for another Federal agency or laboratory under section 207 of title 35, United States Code, may retain such income to the extent required to offset the payment of income from intellectual property under paragraph (1)(A)(i), and costs and expenses incurred under paragraph (1)(B)(i), including the cost of foreign protection of the intellectual property of the other agency. All income remaining after payment of the income, costs, and expenses described in the preceding sentence shall be transferred to the agency for which the services were performed, for distribution in accordance with clauses (i) through (iv) of paragraph (1)(B). ``(b) Certain Assignments.--If the intellectual property from which the income is derived was assigned to the Federal agency-- ``(1) by a contractor, grantee, or participant in a cooperative agreement with the agency; or ``(2) by an employee of the agency who was not working in the laboratory at the time the intellectual property was originated; ``the agency unit that was involved in such assignment shall be considered to be a laboratory for purposes of this section. ``(c) Reports.-- ``(1) In making its annual submission to the Congress, each Federal agency shall submit, to the appropriate authorization and appropriations committee of both Houses of the Congress, a summary of the amount of income received from intellectual property and expenditures made (including employee awards) under this section. ``(2) Not later than October 1, 1996, the Comptroller General shall review the effectiveness of the various income- sharing programs established under this section and report to the appropriate committees of the House of Representatives and the Senate, in a timely manner, the Comptroller General's findings, conclusions, and recommendations for improvements in such programs.''. SEC. 5. AMENDMENT TO BAYH-DOLE ACT. Section 210(e) of title 35, United States Code, is amended by inserting ``and the Technology Commercialization Act of 1993'' after ``Federal Technology Transfer Act of 1986''.

Summary: Technology Transfer Improvements Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 regarding title to intellectual property arising from cooperative research and developments agreements (CRADAs) to: (1) direct Federal laboratories to ensure that such title is assigned to the collaborating parties to the CRADA in exchange for reasonable compensation to the Federal laboratory; (2) authorize a Federal laboratory to retain (and practice on a worldwide basis) a nonexclusive, nontransferable, irrevocable, paid-up license from the collaborating parties for such property; and (3) authorize a Federal laboratory to require a collaborating partner to grant a license to use such property to a responsible applicant. Defines intellectual property rights as: (1) "patents" in the case of Government-owned, Government-operated Federal laboratories; and (2) "patents, copyrights, and computer chip mask work registration" in the case of Government-owned, contractor-operated Federal laboratories. Sets forth a framework for the distribution of income from intellectual property received by Federal agencies or laboratories. Requires the Comptroller General to report to the Congress on the effectiveness of the income-sharing programs established under this Act. Amends the Bayh-Dole Act to grant this Act precedence over its provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorist Detainees Procedures Act of 2009''. SEC. 2. PROHIBITION OF DETENTION OF UNLAWFUL ENEMY COMBATANTS AT NAVAL STATION, GUANTANAMO BAY, CUBA. As soon as practicable, but by not later than December 31, 2009, the President shall ensure that no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba. SEC. 3. STATUS REVIEWS FOR INDIVIDUALS DETAINED AT GUANTANAMO BAY, CUBA. (a) Status Reviews Required.--In the case of a person described in subsection (b), the status of the person shall be determined by a panel of three military judges in accordance with this section. (b) Person Described.--A person described in this subsection is a person who, as of the date of the enactment of this Act, is detained by the United States at Naval Station, Guantanamo Bay, Cuba, and who is suspected of being an unlawful enemy combatant. (c) Jurisdiction.--The panel of military judges convened to conduct a status review under this section shall have exclusive jurisdiction to determine the status of the person suspected of being an unlawful enemy combatant. (d) Procedure.--A review under this section shall be conducted under the same procedures as are applicable to an investigation under section 832 (article 32) of title 10, United States Code, except that a person whose status is reviewed under subsection (a) shall also be entitled to an interpreter with appropriate security clearance. (e) Military Judges.--To serve as a military judge for purposes of a status review under this section, a military judge shall be a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified for duty as a military judge by the Judge Advocate General of the armed force of which such military judge is a member. (f) Deadline for Review.--Each person described in subsection (b) shall receive a status review under this section by no later than the date that is 120 days after the date of the enactment of this Act, unless a military judge determines that such date should be extended for good cause. (g) Conforming Repeal.--The Detainee Treatment Act of 2005 (title X of Public Law 109-148; 119 Stat. 2742) is amended by striking section 1005 and the Detainee Treatment Act of 2005 (title XIV of Public Law 109-163; 119 Stat. 3474) is amended by striking section 1405. (h) Treatment of Combatant Status Review Tribunals.--A review conducted pursuant to section 1005 of the Detainee Treatment Act of 2005 (title X of Public Law 109-148; 119 Stat. 2742; 10 U.S.C. 801 note), as in effect before the date of the enactment of this Act, shall not satisfy the requirement of subsection (a). SEC. 4. DISPOSITION OF DETAINEES AFTER STATUS REVIEWS. (a) Unlawful Enemy Combatants.-- (1) In general.--Any person who is determined, pursuant to a review under section 3, to be an unlawful enemy combatant shall be-- (A) transferred to a military or civilian detention facility in the United States, charged with a violation of United States or international law, and tried-- (i) by courts-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice); or (ii) in a district court of the United States; (B) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such person; (C) transferred to a NATO-run detention facility, or to a different country, provided that there are adequate assurances that the person will not be subject to torture in that country, consistent with the obligations of the United States under international law; or (D) held in accordance with the law of armed conflict until the earlier of-- (i) the cessation of the hostilities that are directly related to the person's initial detention; or (ii) such time as the person is determined to no longer be a threat. (2) Charges.--If charges are brought under subsection (a)(1)(A) against a person determined to be an unlawful enemy combatant pursuant to a review under section 3, such charges shall be brought before the end of the 120-day period that begins on the date on which such review is concluded, unless a military judge determines that relevant evidence has become available after the end of such period and that such period should be extended. (b) Other Detainees.--Any person who is determined, pursuant to a review under section 3, not to be an unlawful enemy combatant and who is not suspected of violating any law of the United States or any international law shall be-- (1) transferred to the person's country of citizenship, place of capture, or a different country, as long as that country provides adequate assurances that the person will not be subject to torture, consistent with the obligations of the United States under international law; or (2) released. (c) Construction.--The transfer of a person under subsection (a) shall not be considered an entry into the United States for purposes of immigration status. SEC. 5. HABEAS CORPUS FOR DETAINEES AT GUANTANAMO BAY, CUBA. (a) Repeal of Prohibition on Habeas Corpus.--Section 2241 of title 28, United States Code, is amended by striking subsection (e). (b) Jurisdiction.--An application for a writ of habeas corpus brought by a person described in section 3(b) may only be heard in the United States District Court for the District of Columbia. (c) Sense of Congress.--It is the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by persons described in section 3(b) that are pending as of the date of the enactment of this Act should be suspended until the completion of the status reviews required under section 3. SEC. 6. REPEAL OF MILITARY COMMISSIONS ACT OF 2006. (a) Repeal.--Title 10, United States Code, is amended by striking chapter 47A. (b) Conforming Amendments.--Title 10, United States Code, as amended by subsection (a), is further amended-- (1) in tables of chapters at the beginning of subtitle A, and at the beginning of part II of subtitle A, by striking the item relating to chapter 47A; (2) in section 802(a) (article 2) by striking paragraph (13); (3) in each of sections 821, 828, 848, 850(a), 904, and 906 (articles 21, 28, 48, 50(a), 104, and 106) by striking the following: ``This section does not apply to a military commission established under chapter 47A of this title.''; and (4) in section 836 (article 36)-- (A) in subsection (a), by striking ``, except as provided in chapter 47A of this title,''; and (B) in subsection (b), by striking ``, except insofar as applicable to military commissions established under chapter 47A of this title''. SEC. 7. REPORT ON COMPREHENSIVE DETAINEE POLICY. Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report containing the President's recommendations with respect to any statutory changes necessary to implement a comprehensive Federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations. SEC. 8. DEFINITIONS. In this Act: (1) The term ``unlawful enemy combatant'' means a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces). (2) The term ``co-belligerent'', with respect to the United States, means any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy. (3) The term ``lawful enemy combatant'' means a person who is-- (A) a member of the regular forces of a State party engaged in hostilities against the United States; (B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or (C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply to all cases, without exception, pending on or after the date of the enactment of this Act which relate to any aspect of the detention, transfer, treatment, trial, or conditions of detention of an alien detained by the United States since September 11, 2001.

Summary: Terrorist Detainees Protection Act of 2009 - Directs the President to ensure that by the end of calendar 2009 no person alleged to be an unlawful enemy combatant is detained at Naval Station, Guantanamo Bay, Cuba. Requires a status review by a panel of three military judges of any Guantanamo detainee suspected of being an unlawful enemy combatant. Requires that any person determined, pursuant to such a review, to be an unlawful enemy combatant to be: (1) transferred to a military or civilian detention facility in the United States, charged with a violation of U.S. or international law, and tried by courts-martial or in a district court; (2) transferred to an international tribunal operating under the authority of the United Nations with jurisdiction to hold trials of such a person; (3) transferred to a NATO-run detention facility, or to a different country, provided there are adequate assurances that the person will not be subject to torture in that country; or (4) held in accordance with the law of armed conflict. Provides for the disposition of other detainees after status reviews, including possible release. Repeals the prohibition on habeaus corpus for detainees at Guantanamo Bay, Cuba. Expresses the sense of Congress that the judicial review of all applications for writs of habeas corpus brought by detainees that are pending as of the date of enactment of this Act should be suspended until the completion of the status reviews. Repeals the Military Commissions Act of 2006. Requires the President to report to Congress any recommendations for statutory changes necessary to implement a comprehensive federal policy governing the apprehension, detention, trial, transfer, release, or other disposition of individuals captured or apprehended in connection with armed conflicts and counterterrorism operations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Provide Access and Retain Continuity Act'' or the ``PARC Act''. SEC. 2. AGREEMENTS FOR CONTINUED OPERATION OF CERTAIN FACILITIES AND PROGRAMS. (a) In General.--As soon as practical after the date of the enactment of this Act, the Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') shall enter into agreements with States that submit an agreement that is approved under subsection (c) or (f) to provide for those States to conduct activities described in section 3. Not later than 90 days after funds are made available to the Secretary, the Secretary shall reimburse States for eligible activities conducted by that State under an agreement entered into under this Act. (b) Petition for Agreement.--Beginning 30 days after the date of the enactment of this Act, a State may submit to the Secretary a petition to enter into an agreement with the Secretary for purposes of conducting activities described in section 3. (c) Determination.--The Secretary shall approve or deny a petition (including a corrected petition that is resubmitted) submitted under this section not later than 90 days after the date on which the Secretary receives the petition. (d) Denial of Petition.--The Secretary shall approve a petition submitted under subsection (b) if the Secretary determines that-- (1) the petition is complete; (2) the proposed agreement submitted with the petition contains all of the terms required under subsection (g); or (3) the petition is from a State that had a previous agreement terminated and the Secretary determines that the reasons for that termination warrant denial of the new (or corrected) petition. (e) Opportunity To Amend Petition.-- (1) Notice of denial.--If the Secretary denies a petition under subsection (b), the Secretary shall provide to the State that submitted such petition written notice of the denial. Such written notice shall include-- (A) a clear and comprehensive statement of the reasons why the petition was denied; and (B) a clear and comprehensive description of any deficiencies in the petition or the related proposed agreement. (2) Resubmission of corrected petition.--After receiving a notice from the Secretary under paragraph (1), a State may amend and resubmit the denied petition. (f) Petition and Agreement Deemed Approved.--If the Secretary does not approve or deny a petition submitted under subsection (b) or (e)(2) within 90 days after receiving the petition, the petition and the proposed agreement submitted with the petition shall be deemed approved. (g) Petition Contents.--A petition submitted under subsection (b) shall include-- (1) a letter signed by the Governor of the State submitting such petition addressed to the Secretary that contains a description of the eligible activities that the State seeks to conduct; (2) the proposed agreement that is the subject of the petition; (3) documentation that demonstrates the ability of the State to conduct the eligible activities; (4) a statement that the State shall indemnify and hold the United States harmless for any action of negligence or gross negligence on the part of the State while conducting an eligible activity; and (5) any other documentation that the Secretary may require. SEC. 3. ACTIVITIES ELIGIBLE FOR REIMBURSEMENT. The Secretary of the Interior shall reimburse States for non- Federal funds expended for activities that meet all of the following criteria: (1) The activity was conducted under a memorandum of understanding entered into under section 2. (2) The activity was conducted during a time when the Federal Government was not conducting that activity due to the partial shutdown of the Federal Government that was the result of a lapse in appropriations. (3) The activity was necessary to operate one or more facilities or programs that the Secretary and the State have agreed, under the memorandum of understanding entered into under section 2, to have a direct economic impact on tourism, mining, timber, or general transportation in the State. (4) The activity was conducted in a manner and at a level not substantially greater in scope or cost than how the activity would have been conducted by the Federal Government. (5) The activity is not a settlement of or defense against a claim of liability on the part of the State. SEC. 4. WAIVER OF SOVEREIGN IMMUNITY. If any State brings an action in any court of the United States or any State court relating only and directly to enforcement of section 3 and names the United States as a party, any claim by the United States to sovereign immunity from the action is waived, but only for the limited and sole purpose of reimbursement to a State for non-Federal funds expended by or on behalf of that State for activities that meet all of the criteria listed in section 3.

Summary: Provide Access and Retain Continuity Act or the PARC Act - Directs the Secretary of the Interior to enter into agreements with, and provide reimbursement to, states to conduct activities determined to have a direct economic impact on tourism, mining, timber, or general transportation in the state that are otherwise not being conducted by the federal government during a partial shutdown of the federal government due to a lapse in appropriations. Requires the Secretary to approve or deny a petition for such an agreement not later than 90 days after receiving it and deems such petition approved if the Secretary does not act on it within the 90-day period.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Competitiveness Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) If the United States is to dominate the next critically decisive stage of industrial progress, it must be the first to create the technologies and skilled workforce capable of taking advantage of new high technology opportunities. (2) Research, innovation, and human capital are our principal strengths. By sustaining United States investments in research and finding collaborative arrangements to leverage existing resources and funds in a scarce budget environment, we ensure that America remains at the forefront of scientific and technological capability. (3) The United States has begun to confront a new level of global competition. (4) The United States remains a leading attraction for innovating talent and entrepreneurial activity. The United States's research and development system is the best in the world. It comprises the world's largest market and promotes a vibrant entrepreneurial business climate. (5) For the United States to maintain its high standards of living through continued economic prosperity over the long- term, the basic components of the Nation's innovation ecosystems must remain healthy. (6) Technology transfer of publicly funded research is a critical mechanism for optimizing the return on taxpayer investment, particularly where other benefits are not measurable at all or are very long-term. (7) Active marketing and educational campaigns tailored by individual Federal agencies on their respective research and development activities are important where-- (A) inventions have multiple applications and may need to be matched-up with commercial enterprises representing several industries; and (B) new invention applications may require rapid development and dissemination by companies not otherwise known by the agency. (8) Technology transfer has become a very broad activity, with many stakeholders and users. Aggregating available technology transfer resources into a single location, available in an electronic format, would help-- (A) facilitate the access, administration, education, monitoring, and efficiency of technology transfer activities with the government; (B) stimulate further interaction and responsiveness from the private sector; and (C) facilitate the formation of much needed technology transfer databases and provide opportunities to examine and track more refined measurements of technology flows. (9) A 2003 Department of Commerce survey reported that only 34 percent of the Federal laboratories surveyed formed laboratory industrial advisory committees. These committees can advocate and promote effective communication between Federal laboratories and the user communities to help facilitate mutual understanding and leverage maximum impact of the research conducted. (10) Because the entire innovation process is continuing to evolve in an arena of increasing global competition, identifying metrics to quantify program effectiveness is of increasing importance. Metrics need to take into account a wide range of steps in a highly complex process, as well as the ultimate product or service, but should not constrain the continued evolution or development of new technology transfer approaches. In addition, these metrics need to accommodate. (A) characteristics unique to varying industries; and (B) mission differences between the licensing institutions. (11) Local and regional impacts from Federal research and development activities have a direct impact on communities in which they are conducted. Such activities attract new businesses to these areas, thereby stimulating local economies and improving local education. (12) State governments are already active in providing a friendly and complementary research and development environment. (13) Half of all States each receive half a billion or more Federal research and development dollars yearly. (14) Given the importance of Federal research and development investments to the Nation, States, and localities, little information is widely available. There is a need for a data system that can provide detailed information on all of the activities and scope of the Federal research and development enterprise so that State and local officials can use the information to identify new opportunities for State-Federal research collaboration. SEC. 3. OUTREACH ACTIVITIES. (a) Technology Transfer Director.--The Secretary of Commerce shall designate a Technology Transfer Director within the Technology Administration to perform oversight of and policy development for technology transfer activities at the Department of Commerce. (b) Duties.--The Director shall-- (1) coordinate the activities of the Interagency Working Group on Technology Transfer, oversee the expenditure of funds allocated to the Technology Transfer Working Group; (2) coordinate with each technology partnership ombudsman appointed under section 11 of the Technology Transfer Commercialization Act of 2000 (42 U.S.C. 7261c); (3) establish and maintain procedures for ensuring the effective coordination of the technology transfer outreach activities of the Department between and among-- (A) the National Technical Information Service; (B) the Federal Laboratory Consortium for Technology Transfer; (C) the National Science Foundation; (D) the National Aeronautics and Space Administration; and (E) other appropriate Federal agencies. (b) Responsibilities.--The Director's responsibilities shall include-- (1) coordinating technology transfer activities occurring at National Laboratories and single purpose research facilities; (2) exchanging information about technology transfer practices, including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; (3) developing and disseminating to the public and prospective technology partners information about opportunities and procedures for technology transfer through a one-stop information virtual center; and (4) providing and disseminating information through prepared material on Federally owned or originated products, processes, and services having potential application to State and local governments and to private industry. (d) Oversight.--The Director shall-- (1) periodically review the procedures maintained under subsection (c) for the purpose of ensuring that such procedures meet the requirements of that subsection; and (2) make such modifications to such procedures as the Director considers appropriate in light of such review in order to better achieve the purposes of this section. SEC. 4. RESEARCH ACTIVITIES. (a) In General.--The Secretary, through the Technology Transfer Director as established by section 3, shall establish a research program within the Technology Administration that will-- (1) involve consultation, as appropriate, with the various units of the Commerce Department, including the Federal Laboratory Consortium for Technology Transfer, each Federal agency's research and technology applications, and utilization (with the consent of the agency involved) of the expertise and services of the National Science Foundation, the National Aeronautics and Space Administration, and other Federal agencies; (2) build upon ongoing efforts of the private sector; and (3) involve consortia that include government and industry. (b) Development of Research Tools and Practices.--The Director shall work with industry, trade associations, professional societies, and others to conduct experimentation, analysis, testing, verification, and demonstration of improved tools and practices that identify-- (1) best practices for technology transfer, and (2) metrics to quantify technology transfer practices effectiveness, taking into account wide range of differences in technology, market dynamics, intellectual property in varying industrial sectors, as well as different mission differences between licensing institutions. (c) Study.--The Director shall work with industry, trade associations, professional societies, and others-- (1) to develop reliable data on how to improve workforce education and address critical workforce issues, including the availability of scientists and engineers and a readily available pool of skilled employees; (2) to process reviews to reduce complexity of, and time required to complete, technology transfer transactions; (3) to study and assess the implications of technology development and transfer in a global environment, with specific attention to the effects of emerging technology; and (4) to analyze why the widely recognized ``valley of death'' remains an obstacle to the adaption by the private sector of Federal laboratory technologies for use in commercial markets. (d) Dissemination and Technical Assistance Program.--The Director shall oversee a dissemination and technical assistance program to assist with the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. (e) Reports.-- (1) Initial report.--Not later than 120 days after the date of enactment of this Act, the Director shall submit a report detailing the proposed schedule of studies and other activities to be undertaken under this Act to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science. (2) Annual progress reports.--Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Director shall submit a progress report to the committees described under paragraph (1), which summarizes the Technology Administration's activities under this Act. SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE. The Secretary shall designate a small business advocate within the Department-- (1) to increase the participation of small business concerns, including socially and economically disadvantaged small business concerns, in procurement, collaborative research, technology licensing, and technology transfer activities conducted by the National Laboratories or single- purpose research facilities; (2) to report to the National Laboratory Consortium on the actual participation of small business concerns in procurement and collaborative research along with recommendations, if appropriate, on how to improve participation; (3) to make available to small business concerns training, mentoring, and clear, up-to-date information on how to participate in procurement and collaborative research, including how to submit effective proposals, and information related to alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; (4) to increase awareness inside the National Laboratories and single-purpose research facilities of the capabilities and opportunities presented by small business concerns; and (5) to establish guidelines for a small business program under this Act and report on the effectiveness of such program to the Secretary. SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES. (a) Establishment.--The Secretary shall establish a State and Industry Task Force for the purpose of highlighting areas-- (1) where the Federal government can help in State efforts to provide a complementary research and development environment; and (2) that exist where the Federal government could assist in efforts to help match Federal programs, to the extent possible, with State economic development efforts. (b) Membership.--The Task Force shall be comprised of not fewer than 9 nor more than 15 members appointed by the Secretary, and shall include such representatives from State and local governments, industry, universities, professional societies, Government laboratories, and other organizations as the Secretary considers appropriate based on the Secretary's assessment of the technical and other qualifications of such representatives. (c) Terms.-- (1) In general.--The term of a member of the Task Force shall be 3 years. (2) Staggered terms.--The Secretary may appoint members of the Task Force in a manner that allows the terms of the members serving at any time to expire at spaced intervals so as to ensure continuity in the functioning of the Task Force. (3) Reappointment.--A member of the Task Force whose term expires may be reappointed. (d) Chairperson.--The Task Force shall have a chairperson, who shall be elected by the members. (e) Cooperation.--The heads of Federal agencies shall cooperate with the Task Force in carrying out the requirements of this section and shall furnish to the Task Force such information as the committee considers necessary to enable it to carry out its functions. SEC. 7. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Technology Transfer Director appointed under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (3) Small business concern.--The term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632). (4) Socially and economically disadvantaged small business concerns.--The term ``socially and economically disadvantaged small business concerns'' has the meaning given that term in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)).

Summary: Innovation Competitiveness Act of 2004 - Directs the Secretary of Commerce to designate a Technology Transfer Director within the Technology Administration to perform oversight and policy and development for technology transfer activities at the Department of Commerce. Requires the Director to: (1) coordinate activities of the Interagency Working Group on Technolgy Transfer; (2) coordinate with certain technology partnership ombudsmans; and (3) establish procedures for coordinating the Commerce Department's technology transfer outreach activities between appropriate Federal agencies, including the National Technical Information Service and the Federal Laboratory Consortium for Technology Transfer. Directs the Secretary to establish a research program within the Technology Administration that: (1) involves consultation with the various units of the Commerce Department; (2) builds upon ongoing private sector efforts; and (3) involves consortia. Instructs the Director to work with industry, trade associations, professional societies, and others to: (1) develop improved technology transfer research tools and practices; and (2) conduct a specified study. Requires the Director to oversee a dissemination and technical assistance program for the immediate dissemination and implementation of the practices, standards, and codes developed by the Technology Administration. Directs the Secretary to designate a small business advocate within the Commerce Department to: (1) increase the participation of small business concerns; and (2) establish guidelines for a small business program under this Act. Directs the Secretary to establish a State and Industry Task Force to highlight areas where the Federal Government can help States to provide a complementary research and development environment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Coalitions for Access and Quality Improvement Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to provide assistance to community health coalitions as described in section 3(b) with a clearly defined local need to increase access to and improve the quality of health care services through activities which-- (1) develop or strengthen coordination of services to allow all individuals, including the uninsured and low-income, to receive efficient and higher quality care and to gain entry into and receive services from a comprehensive system of medical, dental, pharmaceutical, and behavioral health care; (2) develop efficient and sustainable infrastructure for a health care delivery system characterized by effective collaboration, information sharing, and clinical and financial coordination among all types of providers of care in the community; and (3) develop or strengthen activities related to providing coordinated care for individuals with chronic conditions. SEC. 3. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND COORDINATION OF SERVICES. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall award grants to assist in the development of integrated health care delivery systems to serve defined communities of individuals-- (1) to improve the efficiency of and coordination among the providers providing services through such systems; (2) to assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) to expand and enhance the services provided through such systems. (b) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be an entity that-- (1) represents a balanced consortium-- (A) whose principal purpose is to ensure the sustainable capacity for the provision of a broad range of coordinated services for all residents within a community defined in the entity's grant application as described in paragraph (2); and (B) that includes at least one of each of the following providers that serve the community (unless such provider does not exist within the community, declines or refuses to participate, or places unreasonable conditions on their participation)-- (i) a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (ii) rural health clinics and rural health networks (as defined in sections 1861(aa) and 1820(d) of the Social Security Act, respectively (42 U.S.C. 1395x(aa), 1395i- 4(d))); (iii) a hospital with a low-income utilization rate that is greater than 25 percent (as defined in section 1923(b)(3) of the Social Security Act (42 U.S.C. 1396r- 4(b)(3))) or a critical access hospital (as defined in section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i-4(c)(2))); (iv) a public health department; and (v) an interested public or private sector health care provider or an organization that has traditionally served the medically uninsured and low-income individuals; and (2) submits to the Secretary an application, in such form and manner as the Secretary shall prescribe, that-- (A) clearly defines the community to be served; (B) identifies the providers who will participate in the community coalition under the grant and specifies each provider's contribution to the care of individuals in the community; (C) describes the activities that the applicant and the community coalition propose to perform under the grant to further the objectives of this section; (D) demonstrates that it is an established coalition with ability to build on the current system for serving the community by involving providers who have traditionally provided a significant volume of care for uninsured and low-income individuals for that community; (E) demonstrates the coalition's ability to develop coordinated systems of care that either directly provide or ensure the prompt provision of a broad range of high-quality, accessible services, including, as appropriate, primary, secondary, and tertiary services as well as pharmacy, substance abuse, behavioral health and oral health services, in a manner that ensures continuity of care in the community; (F) provides evidence of community involvement, including the business community, in the development, implementation, and direction of the system of care that the coalition proposes to ensure; (G) demonstrates the coalition's ability to ensure that participating individuals are enrolled in health care coverage programs, both public and private, for which the individuals are eligible; (H) presents a plan for leveraging other sources of revenue, which may include State and local sources and private grant funds, and integrating current and proposed new funding sources in a manner to ensure long-term sustainability of the system of care; (I) describes a plan for evaluation of the activities carried out under the grant, including measurement of progress toward the goals and objectives of the program and the use of evaluation findings to improve system performance; (J) demonstrates fiscal responsibility through the use of appropriate accounting procedures and management systems; (K) demonstrates commitment to serve the community without regard to the ability of an individual or family to pay by arranging for or providing free or reduced charge care for the poor; and (L) includes such other information as the Secretary may prescribe. (c) Limitations.-- (1) In general.--An eligible entity may receive a grant under this section for 3 consecutive fiscal years and may receive such a grant award for 2 additional years if-- (A) the eligible entity submits to the Secretary a request for a grant for such additional years; (B) the Secretary determines that current performance justifies the granting of such a request; and (C) the Secretary determines that granting such request is necessary to further the objectives described in subsection (a). (d) Priorities.--In awarding grants under this section, the Secretary-- (1) may accord priority to applicants that demonstrate the greatest extent of unmet need in the community for a more coordinated system of care; and (2) shall accord priority to applicants that best promote the objectives of this section, taking into consideration the extent to which the applicant-- (A) identifies a community whose geographical area has a high or increasing percentage of individuals who are uninsured or low-income; (B) demonstrates that the applicant has included in its community coalition providers, support systems, and programs that have a tradition of serving individuals and families in the community who are uninsured or earn below 200 percent of the Federal poverty level; (C) shows evidence that the proposed coalition activities would expand utilization of preventive and primary care services for uninsured and underinsured individuals and families in the community, including pharmaceuticals, behavioral and mental health services, oral health services, or substance abuse services; (D) proposes approaches that would improve coordination between health care providers and appropriate social service providers; (E) demonstrates collaboration with State and local governments; (F) demonstrates that the applicant makes use of non-Federal contributions to the greatest extent possible; or (G) demonstrates likelihood that the proposed activities will lead to sustainable integrated delivery system as additional efforts of health systems development evolve. (e) Use of Funds.-- (1) Use by grantees.-- (A) In general.--Except as provided in paragraphs (2) and (3), a grantee may use amounts provided under this section only for-- (i) direct expenses associated with achieving the greater integration of a health care delivery system so that the system either directly provides or ensures the provision of a broad range of culturally competent services, including as appropriate primary, secondary, and tertiary care and oral health, substance abuse, behavioral and mental health, and pharmaceutical services; and (ii) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system. (B) Specific uses.--The following are examples of purposes for which a grantee may use grant funds under this section, when such use meets the conditions stated in subparagraph (A): (i) Increases in outreach activities and closing gaps in health care service, including referral to specialty services and prescription drugs and conducting ongoing outreach to health disparity populations. (ii) Improvements to care management and delivery of patient-centered care, including patient navigation services. (iii) Improvements to coordination of transportation to health care facilities. (iv) Development of provider networks and other innovative models to engage physicians in voluntary efforts to serve the medically underserved within a community. (v) Recruitment, training, and compensation of necessary personnel. (vi) Coordinate the acquisition or interconnected use of technology within a community for the purpose of coordinating care and improving provider communication, including implementation of shared information systems or shared clinical systems to improve the quality of health care. (vii) Development of common processes such as mechanisms for determining eligibility for the programs provided through the system, common identification cards, sliding scale discounts, and monitoring and tracking of outcomes. (viii) Development of specific prevention and disease management tools and processes. (ix) Language access services. (x) Facilitating the involvement of community organizations to provide better access to high-quality health care services to individuals at risk for or who have chronic diseases or cancer. (xi) Helping patients overcome barriers within the health care system to ensure prompt diagnostic and treatment resolution of an abnormal finding of cancer or chronic disease. (2) Direct patient care limitation.--Not more than 20 percent of the funds provided under a grant awarded under this section may be used for providing direct patient care and services. (3) Reservation of funds for national program purposes.-- The Secretary may use not more than 7 percent of funds appropriated to carry out this section for providing technical assistance to grantees, obtaining assistance of experts and consultants, holding meetings, developing of tools, disseminating of information, and evaluation. (f) Reporting by Grantee.--A grantee under this section shall report to the Secretary annually regarding-- (1) progress in meeting the goals and measurable objectives set forth in the grant application submitted by the grantee under subsection (b); and (2) the extent to which activities conducted by such grantee have-- (A) improved the effectiveness, efficiency, and coordination of services for uninsured and low-income individuals in the community served by such grantee, using commonly accepted outcome measures; (B) resulted in the provision of better quality health care for individuals and families in the community served; and (C) resulted in the provision of health care to such individuals at lower cost than would have been possible in the absence of the activities conducted by such grantee. (g) Maintenance of Effort.--With respect to activities for which a grant under this section is authorized, the Secretary may award such a grant only if the applicant and each of the participating providers agree that the grantee and each such provider will maintain its expenditures of non-Federal funds for such activities at a level that is not less then the level of such expenditures during the fiscal year immediately preceding the fiscal year for which the applicant is applying to receive such grant. (h) Technical Assistance.--The Secretary may provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to meet the requirements of this section. The Secretary may choose to provide such assistance by awarding a grant to, or entering into a contract with, a State or national not-for-profit organization with expertise in building successful community coalitions. (i) Evaluation of Program.--Not later than September 30, 2014, the Secretary shall prepare and submit to the appropriate committees of Congress a report that describes the extent to which projects funded under this section have been successful in improving the effectiveness, efficiency, and coordination of services in the communities served by such projects, including whether the projects resulted in the provision of better quality health care for such individuals, and whether such care was provided at lower costs than would have been provided in the absence of such projects. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $75,000,000 for fiscal year 2010; (2) $100,000,000 for fiscal year 2011; (3) $125,000,000 for fiscal year 2012; (4) $150,000,000 for fiscal year 2013; and (5) $175,000,000 for fiscal year 2014.

Summary: Community Coalitions for Access and Quality Improvement Act of 2009 - Directs the Secretary of Health and Human Services to award grants to assist in developing integrated health care delivery systems to serve defined communities of individuals to: (1) improve efficiency and coordination among providers; (2) assist local communities in developing programs targeted toward preventing and managing chronic diseases; and (3) expand and enhance services provided. Authorizes the Secretary, in awarding grants, to accord priority to: (1) applicants that demonstrate the greatest unmet need for a more coordinated system of care; and (2) applicants that best promote the objectives of this Act. Authorizes a grantee to use amounts provided only for: (1) direct expenses associated with achieving greater integration of a health care delivery system to directly provide or ensure the provision of a broad range of culturally competent services; and (2) direct patient care and service expansions to fill identified or documented gaps within an integrated delivery system.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Sensible Estate Tax Act of 2008''. SEC. 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (1) Subtitles A and E of title V. (2) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (3) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. SEC. 3. UNIFIED CREDIT AGAINST THE ESTATE TAX. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $2,000,000.''. (b) Inflation Adjustment.--Subsection (c) of section 2010 of such Code, as amended by subsection (a), is amended-- (1) by striking ``For purposes of this section,'' and inserting the following: ``(1) In general.--For purposes of this section,'', and (2) by adding at the end the following new paragraph: ``(2) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2008, the $2,000,000 amount in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2007' for `1992' in subparagraph (B) thereof. If any increase determined under the preceding sentence is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 4. RATES OF TAX. (a) In General.--The table in paragraph (1) of section 2001(c) of the Internal Revenue Code of 1986 (relating to rate schedule) is amended by striking the last 3 rows and inserting the following: Over $1,500,000 but not over $5,000,000. $555,800, plus 45 percent of the excess of such amount over $1,500,000. Over $5,000,000 but not over $10,000,000. $2,130,800, plus 50 percent of the excess of such amount over $5,000,000. Over $10,000,000............... $4,630,800, plus 55 percent of the excess of such amount over $10,000,000. (b) Adjustment for Inflation.--Paragraph (2) of section 2001(c) of such Code is amended to read as follows: ``(2) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2008-- ``(A) each minimum and maximum dollar amount for each rate bracket in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `2007' for `1992' in subparagraph (B) thereof, and ``(B) each of the amounts setting forth the tax under such table shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets made by subparagraph (A). If any increase determined under subparagraph (A) is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 5. RESTORATION OF CREDIT FOR STATE DEATH TAX. (a) In General.--Section 2011 of the Internal Revenue Code of 1986 (relating to credit for State death taxes) is amended by striking subsection (f). (b) Repeal of Deduction for State Death Taxes.-- (1) In general.--Section 2058 of such Code (relating to State death taxes) is amended by adding at the end the following: ``(c) Termination.--This section shall not apply to the estates of decedents dying after December 31, 2008.''. (2) Conforming amendment.--Section 2106(a)(4) of such Code is amended by adding at the end the following new sentence: ``This paragraph shall not apply to the estates of decedents dying after December 31, 2008.''. (c) Effective Date.--The amendment made by subsection (a) shall apply to estates of decedents dying, and gifts made, after December 31, 2008. SEC. 6. RESTORATION OF UNIFIED CREDIT AGAINST GIFT TAX. (a) In General.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 (relating to general rule for unified credit against gift tax) is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (b) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2008. SEC. 7. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED SPOUSE. (a) In General.--Section 2010 of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking the last sentence of paragraph (1), (2) by striking paragraph (2), and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Applicable exclusion amount.--For purposes of paragraph (1)-- ``(A) In general.--The applicable exclusion amount is the sum of-- ``(i) the basic exclusion amount, and ``(ii) in the case of a surviving spouse, the aggregate deceased spousal unused exclusion amount. ``(B) Basic exclusion amount.-- ``(i) In general.--For purposes of subparagraph (A), the basic exclusion amount is $2,000,000. ``(ii) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2008, the $2,000,000 amount in clause (i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000. ``(C) Aggregate deceased spousal unused exclusion amount.--For purposes of this subsection-- ``(i) Aggregate deceased spousal unused exclusion amount.--The term `aggregate deceased spousal unused exclusion amount' means the lesser of-- ``(I) the basic exclusion amount, or ``(II) the sum of the deceased spousal unused exclusion amounts of the surviving spouse. ``(ii) Deceased spousal unused exclusion amount.--For purposes of subsection (A), the term `deceased spousal unused exclusion amount' means, with respect to the surviving spouse of any deceased spouse dying after December 31, 2008, the excess (if any) of-- ``(I) the applicable exclusion amount of the deceased spouse, over ``(II) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. ``(iii) Special rules.-- ``(I) Election required.--A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under this paragraph unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this clause if such return is filed after the time prescribed by law (including extensions) for filing such return. ``(II) Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount.-- Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. ``(D) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 2505(a) of such Code, as amended by section 5, is amended to read as follows: ``(1) the applicable credit amount under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by''. (2) Section 2631(c) of such Code is amended by striking ``the applicable exclusion amount'' and inserting ``the basic exclusion amount''. (3) Section 6018(a)(1) of such Code is amended by striking ``applicable exclusion amount'' and inserting ``basic exclusion amount''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2008.

Summary: Sensible Estate Tax Act of 2008 - Repeals provisions of the Economic Growth and Tax Reconciliation Act of 2001 relating to the estate and gift tax. Amends the Internal Revenue Code to: (1) allow an estate tax exclusion of $2 million adjusted for inflation in calendar years after 2008; (2) revise the estate tax rates for larger estates; (3) restore the estate tax credit for state estate, inheritance, legacy, or succession taxes; (4) restore the unified credit against the gift tax; and (5) allow a surviving spouse an increase in the unified estate tax credit by the amount of any unused credit of a deceased spouse.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Secure Border Infrastructure Act''. SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS. The Secretary of Transportation, in consultation with the Secretary of Homeland Security and the governors of the border States, shall establish a grant program, which shall be administered by the Secretary of Transportation and the Administrator of General Services, to construct transportation and supporting infrastructure improvements at existing and new international border crossings to facilitate the safe, secure, and efficient cross-border movement of motor vehicles, non- motor vehicles, cargo, and individuals, including pedestrians. SEC. 3. ELIGIBILITY. The projects eligible to receive a grant under this Act shall include-- (1) highway or bridge projects eligible under title 23, United States Code; (2) public transportation projects eligible under chapter 53 of title 49, United States Code; (3) demonstration and pilot projects related to innovative cross border systems management; and (4) passenger and freight rail transportation projects. SEC. 4. APPLICATIONS. To be eligible to receive a grant under this Act, a State or metropolitan planning organization located in a border region shall submit to the Secretary of Transportation an application that demonstrates-- (1) an established master plan for border infrastructure investments that demonstrates awareness of the relevant border stakeholder interests at the Federal, State, and regional level; (2) that receipt of the grant applied for under this Act would complete an overall financing package; (3) the ability to provide a non-Federal match of 50 percent of the total cost of the project; (4) the satisfaction of all Federal and State environmental requirements prior to the submission of the application for the grant; and (5) a plan to obligate any funds received under this Act by the end of the fiscal year following the year in which those funds are awarded. SEC. 5. PRIMARY SELECTION CRITERIA. In awarding a grant under this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall give priority to projects that accomplish one or more of the following objectives: (1) Improve the safety and security at facilities in the United States, including ports of entry. (2) Facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) Implement innovative technologies that enhance safety, security, or efficiency at the border. (4) Coordinate a system of projects that improve security and systems efficiencies at ports of entry. (5) Facilitate economic development strategies with respect to safety and security. (6) Implement congestion relief and air quality management strategies to improve the environment. SEC. 6. APPORTIONMENT OF FUNDS. Of the amounts appropriated to carry out this Act, the Secretary of Transportation, in consultation with the Administrator of General Services, shall apportion such amounts as follows: (1) 20 percent in the ratio that---- (A) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (2) 30 percent in the ratio that-- (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of all eligible border States. (3) 25 percent in the ratio that-- (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of an eligible State; bears to (B) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of all eligible border States. (4) 25 percent of the ratio that-- (A) the total number of land border ports of entry within the boundaries of an eligible State; bears to (B) the total number of land border ports of entry within the boundaries of all eligible border States. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``border region'' means any portion of a border State within 10 miles of an international land border with Canada or Mexico; (2) the term ``border State'' means any State that has an international land border with Canada or Mexico; (3) the term ``commercial truck'' means a commercial vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code; (4) the term ``motor vehicle'' has the meaning such term has under Section 154(a)(2) of title 23, United States Code; and (5) the term ``State'' has the meaning such term has in section 101(a)(25) of title 23.

Summary: Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at U.S. facilities, including ports of entry; (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays; (3) implement innovative technologies that enhance safety, security, or efficiency at the border; (4) coordinate projects that improve security and systems efficiencies at ports of entry; (5) facilitate economic development strategies with respect to safety and security; and (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Drug Savings Act of 2017''. SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS DISPENSED TO LOW-INCOME INDIVIDUALS. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting ``and subsection (f)'' after ``this subsection''; and (2) by adding at the end the following new subsection: ``(f) Prescription Drug Rebate Agreement for Rebate Eligible Individuals.-- ``(1) Requirement.-- ``(A) In general.--For plan years beginning on or after January 1, 2019, in this part, the term `covered part D drug' does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). ``(B) 2018 plan year requirement.--Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2018, and ending on December 31, 2018, shall not be included as a `covered part D drug' for the subsequent plan year. ``(2) Rebate agreement.--A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2017, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2017, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D- 12(b)(7), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). ``(3) Rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of-- ``(i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low- income and reinsurance subsidies under sections 1860D-14 and 1860D-15(b), respectively; and ``(ii) the amount (if any) by which-- ``(I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds ``(II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. ``(B) Medicaid rebate amount.--For purposes of this paragraph, the term `Medicaid rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period-- ``(i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, if any, specified in subparagraph (A)(ii) of paragraph (2) of such section, for such form, strength, and period; or ``(ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period. ``(C) Average medicare drug program rebate eligible rebate amount.--For purposes of this subsection, the term `average Medicare drug program rebate eligible rebate amount' means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering an MA-PD plan under part C, of-- ``(i) the product, for each such sponsor or organization, of-- ``(I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) or any discounts under the program under section 1860D-14A) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA-PD enrollees who are not rebate eligible individuals; and ``(II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA-PD plans administered by the MA organization; divided by ``(ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA- PD plans administered by MA organizations. ``(D) Use of estimates.--The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D- 12(b)(7)(B). ``(4) Length of agreement.--The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section. ``(5) Other terms and conditions.--The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection. ``(6) Definitions.--In this subsection and section 1860D- 12(b)(7): ``(A) Rebate eligible individual.--The term `rebate eligible individual' means-- ``(i) a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)); ``(ii) a Medicaid beneficiary treated as a subsidy eligible individual under clause (v) of section 1860D-14(a)(3)(B); and ``(iii) any part D eligible individual not described in clause (i) or (ii) who is determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E). ``(B) Rebate period.--The term `rebate period' has the meaning given such term in section 1927(k)(8).''. (b) Reporting Requirement for the Determination and Payment of Rebates by Manufacturers Related to Rebate for Rebate Eligible Medicare Drug Plan Enrollees.-- (1) Requirements for pdp sponsors.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(7) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible medicare drug plan enrollees.-- ``(A) In general.--For purposes of the rebate under section 1860D-2(f) for contract years beginning on or after January 1, 2019, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C). ``(B) Report form and contents.--Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer-- ``(i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period; ``(ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period; ``(iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and ``(iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period. Such report shall be in a form consistent with a standard reporting format established by the Secretary. ``(C) Submission to secretary.--Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation. ``(D) Confidentiality of information.--The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except-- ``(i) that any reference to `this section' in clause (i) of such subparagraph shall be treated as being a reference to this section; ``(ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and ``(iii) clause (iv) of such subparagraph shall not apply. ``(E) Oversight.--Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations. ``(F) Penalties for failure to provide timely information and provision of false information.--In the case of a PDP sponsor-- ``(i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or ``(ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a).''. (2) Application to ma organizations.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end the following: ``(D) Reporting requirement related to rebate for rebate eligible medicare drug plan enrollees.--Section 1860D-12(b)(7).''. (c) Deposit of Rebates Into Medicare Prescription Drug Account.-- Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c)) is amended by adding at the end the following new paragraph: ``(6) Rebate for rebate eligible medicare drug plan enrollees.--Amounts paid under a rebate agreement under section 1860D-2(f) shall be deposited into the Account.''. (d) Exclusion From Determination of Best Price and Average Manufacturer Price Under Medicaid.-- (1) Exclusion from best price determination.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts paid under a rebate agreement under section 1860D-2(f)'' after ``this section''. (2) Exclusion from average manufacturer price determination.--Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended-- (A) in subclause (IV), by striking ``and'' after the semicolon; (B) in subclause (V), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(VI) amounts paid under a rebate agreement under section 1860D-2(f).''.

Summary: Medicare Drug Savings Act of 2017 This bill requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services (CMS) for prescription drugs dispensed to eligible low-income individuals under the Medicare prescription drug benefit or a Medicare Advantage (MA) prescription drug plan (PDP). Subject to civil monetary penalties, a Medicare or MA PDP sponsor must report, both to drug manufacturers and to the CMS, specified information related to the determination and payment of such rebates.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015'' or the ``STREAM Act of 2015''. SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC ASSESSMENTS. (a) In General.--Title V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC ASSESSMENTS. ``(a) Definitions.--In this section: ``(1) Agency action.--The term `agency action' has the meaning given the term in section 551 of title 5, United States Code. ``(2) Background information.--The term `background information' means-- ``(A) a biographical document, including a curriculum vitae or resume, that details the exhaustive, professional work history, education, and any professional memberships of a person; and ``(B) the amount and date of any Federal grants or contracts received by that person. ``(3) Economic assessment.--The term `economic assessment' means any assessment prepared by a Federal agency in accordance with section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review). ``(4) Environmental assessment.--The term `environmental assessment' has the meaning given the term in section 1508.9 of title 40, Code of Federal Regulations. ``(5) Environmental impact statement.--The term `environmental impact statement' means any environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(6) Publicly available.--The term `publicly available' means published online on-- ``(A) a publicly accessible website that allows the submission of comments on proposed regulations and related documents published by the Federal Government; ``(B) a publicly accessible website of the Secretary; and ``(C) the website of the Federal Register. ``(7) Raw data.--The term `raw data' means any computational process or quantitative or qualitative data processed from a source that is relied upon in a scientific product to support a finding or observation. ``(8) Relied upon.--The term `relied upon' means explicitly cited or referenced in a rule, environmental impact statement, environmental assessment, or economic assessment. ``(9) Rule.--The term `rule' has the meaning given the term in section 551 of title 5, United States Code. ``(10) Scientific method.--The term `scientific method' means a method of research under which-- ``(A) a problem is identified; ``(B) relevant data are gathered; ``(C) a hypothesis is formulated from the data; and ``(D) the hypothesis is empirically tested in a manner specified by documented protocols and procedures. ``(11) Scientific product.--The term `scientific product' means any product that-- ``(A) employs the scientific method for inventorying, monitoring, experimenting, studying, researching, and modeling purposes; and ``(B) is relied upon by the Secretary in development of any rule, environmental impact statement, environmental assessment, or economic assessment. ``(b) Requirements.--The Secretary shall-- ``(1) make publicly available on the date of the publication of any draft, final, emergency, or supplemental rule under this Act, or any related environmental impact statement, environmental assessment, or economic assessment, each scientific product the Secretary relied upon in developing the rule, environmental impact statement, environmental assessment, or economic assessment; and ``(2) for those scientific products receiving Federal funds, also make publicly available-- ``(A) the raw data used for the federally funded scientific product; and ``(B) background information of the authors of the scientific study. ``(c) Compliance.-- ``(1) In general.--Subject to paragraph (2), failure to comply with the publication requirements of subsection (b)-- ``(A) with respect to draft or supplemental rules, environmental impact statements, environmental assessments, or economic assessments shall extend by 1 day the notice and comment period for each day of noncompliance; or ``(B) with respect to final or emergency rules, shall delay the effective date of the final rule by 60 days plus an additional day for each day of noncompliance. ``(2) Withdrawal.--If the Secretary fails to comply with the publication requirements of subsection (b) for more than 180 days after the date of publication of any rule, or any related environmental impact statement, environmental assessment, or economic assessment, under this Act, the Secretary shall withdraw the rule, environmental impact statement, environmental assessment, or economic assessment.''. (b) Conforming Amendment.--The table of contents for the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is amended by inserting after the item relating to section 529 the following: ``Sec. 530. Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments.''. SEC. 3. COMPLIANCE WITH OTHER FEDERAL LAWS. Section 702 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1292) is amended-- (1) by redesignating subsections (c) and (d) as subsection (e) and (f), respectively; and (2) by inserting after subsection (b) the following: ``(c) Compliance With Other Federal Laws.--Nothing in this Act authorizes the Secretary to take any action by rule, interpretive rule, policy, regulation, notice, or order that duplicates any action taken under an Act referred to in subsection (a) (including regulations and rules). ``(d) Deference to Implementing Agencies and State Authorities.--In carrying out this Act (including rules, interpretive rules, policies, regulations, notices, or orders), the Secretary-- ``(1) shall defer to the determinations of an agency or State authority implementing an Act referred to in subsection (a) with respect to any agency action under the jurisdiction of the agency or State authority, as applicable; and ``(2) shall not make any determination regarding any agency action subject to an Act referred to in subsection (a).''.

Summary: Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015 or the STREAM Act of 2015 This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available the scientific products used in developing a rule under the Act or any related environmental impact statement, environmental assessment, or economic assessment when the rule or assessment is published. If those scientific products received federal funds, Interior must also make publicly available the data used and the background information of its authors. If Interior does not comply, the notice and comment period for the rules and assessments will be extended by specified periods. A rule or an assessment must be withdrawn if Interior fails to comply for more than 180 days. In carrying out the Act, Interior: (1) may not make any determination regarding certain agency action subject to specified mining and environmental Acts, and (2) shall defer to the determinations of an agency or state authority implementing those Acts with respect to any agency action under the jurisdiction of that agency or state.