SECTION 1. SHORT TITLE. This Act may be cited as the ``International Peacekeeping Reform Act of 1997''. SEC. 2 LIMITATION ON THE USE OF FUNDS FOR UNITED NATIONS PEACEKEEPING ACTIVITIES. (a) Limitation.--Notwithstanding any other provision of law, none of the funds made available to the Department of State under the account ``Contributions for International Peacekeeping Activities'' or any other funds made available to the Department of State under any law to pay for assessed or voluntary contributions to United Nations peacekeeping activities shall be available for obligation or expenditure to the United Nations to establish, expand in size, or modify in mission a United Nations peacekeeping operations unless, with respect to such peacekeeping operation-- (1) the President submits a certification to the appropriate congressional committees under subsection (c); and (2) except as provided in paragraph (b), the President has notified the appropriate congressional committees of the intent to support the establishment of the peacekeeping operation at least 15 days before any vote in the Security Council to establish, expand, or modify such operation. The notification shall include the following: (A) A cost assessment of such action (including the total estimated cost and the United States share of such cost). (B) Identification of the source of funding for the United States share of the costs of the action (whether in an annual budget request, reprogramming notification, a rescission of funds, a budget amendment, or a supplemental budget request. (b) Presidential Determination of Existence of Emergency.--If the President determines that an emergency exists which prevented submission of the 15-day advance notification specified in paragraph (a) and that the proposed action is in the direct national security interests of the United States, the notification described in paragraph (a) shall be provided in a timely manner but no later than 48 hours after the vote by the Security Council. (c) Certification to Congress.--The President shall determine and certify to the Congress that the United Nations Peacekeeping operation described under paragraph (a) meets the following requirements: (1) The operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations peacekeeping forces for the purpose of seeking an enduring solution to the conflict. (2) With respect to any assessed contribution to such United Nations peacekeeping activity, the percentage of the United States assessed share for the total cost of the operation is no greater than the percentage of the United States assessed share for the regular United Nations budget. (3) In the event that the provision of United States intelligence information involving sensitive sources and methods on intelligence gathering is planned to be provided to the United Nations to support the operation, adequate measures have been taken by the United Nations to protect such information. (4) With respect to the participation in the operation of units of the United States Armed Forces trained to carry out direct combat missions-- (A) the operation directly advances United States national security interests, (B) the participation of such units is critical to the success of the operation, (C) such units will be under the operational command and control of the United States Armed Forces, and (D) any member of the United States Armed Forces participating in the operation would have access to the full protection of the Geneva Convention Relative to the Treatment of Prisoners of War (signed at Geneva, August 12, 1949) if captured and held by combatants or other parties to the conflict. (d) Definitions.--As used in this section: (1) the term ``appropriate congressional committees'' means the Foreign Relations and Appropriations Committees of the Senate and the International Relations and Appropriations Committees of the House of Representatives; (2) the term ``adequate measures'' refers to the implementation of procedures for protecting intelligence sources and methods (including protection from release to nations and foreign nationals that are otherwise not eligible to receive such information) no less stringent than procedures maintained by nations with which the United States regularly shares similar types of intelligence information, as determined by the Director of Central Intelligence upon consultation with the Secretary of State and Secretary of Defense; and (3) the term ``direct combat'' means engaging an enemy or hostile force with individual or crew-served weapons while being exposed to direct enemy fire, a high probability of direct physical contact with the enemy or hostile force, and a substantial risk of capture.

Summary: International Peacekeeping Reform Act of 1997 - Prohibits funds made available to the Department of State under the Contributions for International Peacekeeping Activities Account, or under any law to pay for contributions for United Nations peacekeeping activities, from being available to the United Nations for the establishment, expansion, or modification in mission of a United Nations peacekeeping operation unless the President: (1) makes the certification required by this Act; and (2) notifies the Congress, at least 15 days before (or in the event of an emergency, within 48 hours after) any vote by the United Nations Security Council to establish, expand, or modify such operation, of the intent to support the operation. Directs the President to certify that the peacekeeping operation meets the following requirements: (1) the operation involves an international conflict in which hostilities have ceased and all significant parties to the conflict agree to the imposition of United Nations forces to seek an enduring solution to the conflict; (2) the percentage of the U.S.-assessed share of the operation's cost is no greater than the percentage of the share for the regular United Nations budget; (3) adequate measures have been taken by the United Nations to protect sensitive U.S.-supplied intelligence information; and (4) with respect to units of the U.S. armed forces trained to carry out direct combat missions, the operation advances U.S. national security interests, the units are critical to the success of the operation and will be under U.S. command and control, and any armed forces member would be protected by the Geneva Convention Relative to the Treatment of Prisoners of War.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Reservists Small Business Relief Act of 1999''. SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVISTS. Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following: ``(n) Repayment Deferred for Active Duty Reservists.-- ``(1) Definitions.--In this subsection: ``(A) Eligible reservist.--The term `eligible reservist' means a member of a reserve component of the Armed Forces ordered to active duty during a period of military conflict. ``(B) Essential employee.--The term `essential employee' means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day- to-day operations of that small business concern. ``(C) Period of military conflict.--The term `period of military conflict' means-- ``(i) a period of war declared by Congress; ``(ii) a period of national emergency declared by Congress or by the President; or ``(iii) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code. ``(D) Qualified borrower.--The term `qualified borrower' means-- ``(i) an individual who is an eligible reservist and who received a direct loan under subsection (a) or (b) before being ordered to active duty; or ``(ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reservist, who is an essential employee, was ordered to active duty. ``(2) Deferral of direct loans.-- ``(A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due on a direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. ``(B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reservist is ordered to active duty and shall terminate on the date that is 180 days after the date such eligible reservist is discharged or released from active duty. ``(C) Interest rate reduction during deferral.-- Notwithstanding any other provision of law, during the period of deferral described in subparagraph (B), the Administration may, in its discretion, reduce the interest rate on any loan qualifying for a deferral under this paragraph. ``(3) Deferral of loan guarantees and other financings.-- The Administration shall-- ``(A) encourage intermediaries participating in the program under subsection (m) to defer repayment of a loan made with proceeds made available under that subsection, if such loan was incurred by a small business concern that is eligible to apply for assistance under subsection (b)(3); and ``(B) not later than 30 days after the date of enactment of this subsection, establish guidelines to-- ``(i) encourage lenders and other intermediaries to defer repayment of, or provide other relief relating to, loan guarantees under subsection (a) and financings under section 504 of the Small Business Investment Act of 1958 that were incurred by small business concerns that are eligible to apply for assistance under subsection (b)(3), and loan guarantees provided under subsection (m) if the intermediary provides relief to a small business concern under this paragraph; and ``(ii) implement a program to provide for the deferral of repayment or other relief to any intermediary providing relief to a small business borrower under this paragraph.''. SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after the undesignated paragraph that begins with ``Provided, That no loan'', the following: ``(3)(A) In this paragraph-- ``(i) the term `essential employee' means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day-to-day operations of that small business concern; ``(ii) the term `period of military conflict' has the meaning given the term in subsection (n)(1); and ``(iii) the term `substantial economic injury' means an economic harm to a business concern that results in the inability of the business concern-- ``(I) to meet its obligations as they mature; ``(II) to pay its ordinary and necessary operating expenses; or ``(III) to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern. ``(B) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of an essential employee of such small business concern being ordered to active military duty during a period of military conflict. ``(C) A small business concern described in subparagraph (B) shall be eligible to apply for assistance under this paragraph during the period beginning on the date on which the essential employee is ordered to active duty and ending on the date that is 90 days after the date on which such essential employee is discharged or released from active duty. ``(D) Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2). ``(E) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant constitutes a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation. ``(F) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required.''. SEC. 4. BUSINESS DEVELOPMENT AND MANAGEMENT ASSISTANCE FOR MILITARY RESERVISTS' SMALL BUSINESSES. (a) In General.--Section 8 of the Small Business Act (15 U.S.C. 637) is amended by adding at the end the following: ``(l) Management Assistance for Small Businesses Affected by Military Operations.--The Administration shall utilize, as appropriate, its entrepreneurial development and management assistance programs, including programs involving State or private sector partners, to provide business counseling and training to any small business concern adversely affected by the deployment of units of the Armed Forces of the United States in support of a period of military conflict (as defined in section 7(n)(1)).''. (b) Enhanced Publicity During Operation Allied Force.--For the duration of Operation Allied Force and for 120 days thereafter, the Administration shall enhance its publicity of the availability of assistance provided pursuant to the amendments made by this Act, including information regarding the appropriate local office at which affected small businesses may seek such assistance. SEC. 5. GUIDELINES. Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue such guidelines as the Administrator determines to be necessary to carry out this Act and the amendments made by this Act. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Disaster Loans.--The amendments made by section 3 shall apply to economic injury suffered or likely to be suffered as the result of a period of military conflict occurring or ending on or after March 24, 1999. Passed the Senate July 27, 1999. Attest: GARY SISCO, Secretary.

Summary: Military Reservists Small Business Relief Act of 1999 - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty; and (2) is an essential employee of a small business for which the loan was made. Extends such deferral period until 180 days after such reservist is discharged or released from active duty. Directs the SBA to encourage lenders and loan intermediaries participating in other SBA loan programs to defer repayment of similar loans as well as loans made under the Small Business Investment Act of 1958. Authorizes the SBA to make disaster loans to assist a small business that has or is likely to suffer economic injury as the result of the essential employee of such business being ordered to active duty during a period of military conflict. Extends such assistance until 90 days after such reservist is discharged or released from such duty. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after March 24, 1999. Directs the SBA to utilize its entrepreneurial development and management assistance programs to provide business counseling and training to any small business adversely affected by the deployment of units of U.S. armed forces in support of a period of military conflict. Requires the SBA, for the duration of Operation Allied Force and 120 days thereafter, to enhance its publicity of the availability of such assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Television Consumer Education Act of 2007''. SEC. 2. CONSUMER EDUCATION. (a) Consumer Education Requirements.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Consumer Education Requirements Regarding Analog Receivers.-- ``(1) Requirements for retailers.--Not later than 45 days after the date of enactment of the Digital Television Consumer Education Act of 2007-- ``(A) any retail distributor that displays for sale or rent any analog-only television sets shall place conspicuously in the vicinity of such television sets a sign containing, in clear and conspicuous print, the consumer alert described in paragraph (2); and ``(B) any retail distributor that offers for sale or rent such television sets via direct mail, catalog, or electronic means shall prominently display in the vicinity of all advertisements or descriptions of such television sets, in clear and conspicuous print, the consumer alert described in paragraph (2). ``(2) Digital television transition information.--The consumer alert required by this paragraph shall read as follows: ```consumer alert ```This TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. The TV should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television website at: www.dtv.gov.'. ``(3) MVPD outreach.--During the period beginning May 1, 2007, and ending February 17, 2009, each multichannel video programming distributor (as such term is defined in section 602 of this Act) shall include a notice in any monthly or other periodic bill that informs consumers of-- ``(A) the digital television transition; and ``(B) the options consumers have after the transition to continue to receive broadcast programming, including over the air or through a multichannel video programming distribution service. ``(4) Broadcaster outreach.--During the period beginning on May 1, 2007, and ending November 3, 2008, each full-power commercial television broadcast licensee or permittee shall file, at least once every 90 days, either individually or jointly (such as through an association), a report with the Commission indicating the steps each such licensee or permittee has taken during the preceding 90 days, and any steps such licensee or permittee plans to take in the 90 days following the report, to inform consumers of the information described in subparagraphs (A) and (B) of paragraph (3). Each such report shall indicate for each such licensee or permittee the time, frequency, and content of any public service announcements relating to the digital television transition that it has aired, or that it has not aired any. ``(5) Penalty.--In addition to any other civil or criminal penalty provided by law, the Commission may issue civil forfeitures for violations of the requirements of this subsection in an amount equal to not more than 3 times the amount of the forfeiture penalty established by section 503(b)(2)(A). ``(6) Sunset.--The requirements of this subsection shall cease to apply on December 1, 2009. ``(7) Definition.--For the purposes of this subsection, the term `analog-only television set' means any apparatus that-- ``(A) is designed to receive broadcast television signals; ``(B) has an integrated display screen or is sold in a bundle with a display screen; and ``(C) is not capable of receiving broadcast signals in the digital television service.''. (b) Commission Outreach.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall establish and maintain a digital television transition public outreach program. The Commission may seek the assistance of private entities, such as broadcasters, manufacturers, retailers, multichannel video programming distributors, and consumer groups in administering the program. The digital television transition public outreach program shall educate consumers about-- (A) the digital television transition; (B) the options consumers have after the transition to continue to receive broadcast programming, including over the air or through a multichannel video programming distribution service; and (C) the converter-box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note). (2) Website.--The Commission shall maintain and publicize a website, or an easily accessible page on its website, containing the digital television transition public outreach information required under paragraph (1), as well as any links to other websites the Commission determines to be appropriate. (3) DTV working group on consumer outreach and assistance.-- (A) In general.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall establish an advisory committee, to be known as the DTV Working Group, to consult with State and local governments, providers of low-income assistance programs, educational institutions, community groups, and the National Telecommunications and Information Administration to promote consumer outreach and assistance regarding the digital television transition and the converter-box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note). (B) Membership.--The Federal Communications Commission shall invite to participate in the DTV Working Group representatives of groups involved with the transition to digital television, including the Commission, the National Telecommunications and Information Administration, other relevant Federal agencies, commercial and noncommercial television broadcasters, multichannel video programming distributors, consumer electronics manufacturers and manufacturers of peripheral devices, broadcast antenna and tuner manufacturers, retail providers of consumer electronics equipment, consumer groups, and public interest groups (including the American Association of Retired Persons and the Seniors Coalition). Members of the DTV Working Group shall serve without compensation and shall not be considered Federal employees by reason of their service on the advisory committee. (C) Purposes.--The purposes of the DTV Working Group are-- (i) to provide ongoing advice to the Federal Communications Commission in creating and implementing the public outreach program under this subsection; (ii) to advise the Commission about the procedures of the public outreach program including, at a minimum, recommended procedures for public service announcements by broadcasters, toll-free information hotlines, and retail displays or notices; and (iii) to provide to the Commission regular DTV Progress Reports that reflect ongoing and planned efforts by the private sector, both nationally and in individual television broadcast markets, to inform consumers about the digital television transition. (c) Converter-Box Energy Standards.--Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is amended by adding at the end the following new subsection: ``(e) Converter-Box Energy Standards.-- ``(1) Energy standards.--Not later than 90 days after the date of enactment of the Digital Television Consumer Education Act of 2007, the Assistant Secretary of Commerce for Communications and Information shall establish energy consumption standards applicable to digital-to-analog converter boxes (as defined in subsection (d)) in order for such boxes to qualify for purchase with coupons made available under this section. ``(2) Inapplicability.--Notwithstanding any other provision of law, the standards described in paragraph (1) shall be the exclusive energy consumption standards for converter boxes manufactured or imported for use in the United States on and after the effective date established by the Assistant Secretary and until January 1, 2010.''. SEC. 3. PROGRESS REPORTS. (a) During the period beginning on June 1, 2007, and ending on December 1, 2008, the Federal Communications Commission shall submit a report, not less than once every 180 days, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Such reports shall include information regarding-- (1) the status of the Commission's international coordination efforts with Canada and Mexico of the digital television service table of allotments; and (2) the Commission's consumer education efforts, as well as the consumer education efforts of broadcasters, multichannel video programming distributors, consumer electronics manufacturers, retailers, and consumer groups. (b) During the period beginning on April 1, 2008, and ending on October 1, 2009, the Assistant Secretary of the National Telecommunications and Information Administration shall submit a report, not less than once every 90 days, to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate summarizing the progress of coupon distribution and redemption under Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note), including-- (1) the number of coupons distributed and redeemed; (2) the amount of time it takes for coupons to be distributed and redeemed; and (3) the cost of the coupons and administrative costs, to date.

Summary: Digital Television Consumer Education Act of 2007 - Amends the Communications Act of 1934 to require through December 1, 2009: (1) retail distributors that sell or rent televisions with analog receivers, including distributors that sell by direct mail or electronic means, to prominently display a specified consumer alert respecting digital television transition information; (2) multichannel video programming distributors to include specified transition information in consumer bills; and (3) full-power commercial television broadcast licensees or permittees to report at least quarterly to the Federal Communications Commission (FCC) respecting transition education efforts to consumers. Authorizes the FCC to issue civil forfeitures for violations of such requirements. Requires the FCC to establish: (1) a digital television public outreach program, including FCC website information; and (2) the DTV Working Group to consult with state and local governments, providers of low-income assistance programs, educational institutions, community groups, and the National Telecommunications and Information Administration to promote consumer outreach regarding such transition and the converter-box program. Amends the Digital Television Transition and Public Safety Act of 2005 to require the Assistant Secretary of Commerce for Communications and Information to establish energy consumption standards applicable to digital-to-analog converter boxes in order for such boxes to qualify for certain coupon purchases. States that such standards shall be the exclusive energy consumption standards for converter boxes manufactured or imported for use in the United States on and after the effective date established by the Assistant Secretary and until January 1, 2010.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Fair Drug Pricing Act of 2015''. SEC. 2. REQUIREMENT TO DETERMINE LOWER COVERED PART D DRUG PRICES FOR CERTAIN COVERED PART D DRUGS. (a) In General.--Section 1860D-11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)) is amended-- (1) by striking ``(i) Noninterference.--In'' and inserting the following: ``(i) Noninterference.-- ``(1) In general.--In''; (2) by inserting ``subject to paragraph (2),'' after ``part,''; and (3) by adding at the end the following new paragraph: ``(2) Exception for specified drugs.-- ``(A) Requirement.-- ``(i) In general.--Notwithstanding paragraph (1), the part D price for specified drugs shall be determined in accordance with the process described in subparagraph (B). ``(ii) Specified drugs.--For purposes of this paragraph, the term `specified drug' means a covered part D drug-- ``(I) that is-- ``(aa) a single source drug or biological; ``(bb) not a biological product licensed pursuant to an application under section 351(k) of the Public Health Service Act; and ``(cc) not both manufactured by more than two drug manufacturers and manufactured by at least one such manufacturer as a generic drug; or ``(II) that-- ``(aa) is selected by the Secretary for purposes of this paragraph; and ``(bb) the Secretary determines is a covered part D drug with respect to which there is limited ability for PDP sponsors and MA organizations to negotiate manufacturer rebates, such that the Secretary determines that the failure to apply this paragraph will have a significant fiscal impact on the program under this title. ``(iii) Part d price defined.--For purposes of this paragraph, the term `part D price' means, with respect to a covered part D drug, the price (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for such drug for part D eligible individuals who are enrolled under a prescription drug plan or under an MA-PD plan. ``(iv) Regulations for identification of specified drugs.--The Secretary, not later than one year after the date of the enactment of this paragraph, shall promulgate regulations regarding the identification of single source drugs and biologicals as specified drugs. ``(v) Process to petition that drug is no longer a specified drug.--The Secretary shall establish a process under which a manufacturer for a specified drug may petition the Secretary for the rescinding of a previous identification of a drug as a specified drug under clause (ii) based upon the drug involved no longer being a specified drug. ``(B) Price determination process.--For purposes of subparagraph (A), the process described in this subparagraph, with respect to the part D price for a specified drug for a plan year, is the following: ``(i) Limited period for negotiation for first plan year.-- ``(I) In general.--The Secretary shall negotiate such price with the drug manufacturer involved for a period of not more than 90 days beginning on the date of identification of the drug as a specified drug for such plan year by the Secretary. ``(II) Successful negotiations.--In the case that such negotiation with respect to such 90-day period results in a price that is agreed to by both the Secretary and manufacturer, such price shall be the maximum part D price for such specified drug through the end of the plan year beginning after such period. ``(ii) Secretary sets price for first plan year in case of failure to negotiate price.--In the case that negotiations under clause (i), with respect to a specified drug, do not result in a price for such specified drug that is so agreed to by the Secretary and drug manufacturer, the Secretary shall determine a price for such drug based on-- ``(I) the information provided to the Secretary by the drug manufacturer during the 90-day period described in clause (i)(I) regarding costs associated with such drug that are applicable with respect to such drug manufacturer; ``(II) in the case that payment is made for such drug by the Department of Veterans Affairs or under title XIX, the net priced paid for such drug by such Department or under such title, as applicable; ``(III) ensuring affordability of such drug, and accessibility to such drug, for individuals entitled to benefits under part A or enrolled under part B; and ``(IV) such other factors as the Secretary determines appropriate. The price determined under this clause shall be the maximum part D price for such specified drug through the end of the plan year beginning after such determination of such price. ``(iii) Price in subsequent plan years.-- For each plan year that is subsequent to the plan year for which a price is determined for a specified drug under clause (i) or (ii) and in which, on the first day of such subsequent plan year, the identification of such drug as a specified drug still applies, the maximum price for such drug shall be the maximum part D price for the previous year determined under clause (i) or (ii), as applicable, increased by the percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) for the 12-month period ending with June of the year before such subsequent plan year. ``(iv) Consultation.--In determining a price for a specified drug under clause (ii), the Secretary may consult with the Comptroller General, the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, or other outside, independent experts. ``(C) No change in rules for formularies.-- ``(i) In general.--Nothing in subparagraph (A) or (B) shall be construed to authorize the Secretary to establish or require a particular formulary. ``(ii) Construction.--Clause (i) shall not be construed as affecting the Secretary's authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA-PD plans, including compliance of such plans with formulary requirements under section 1860D- 4(b)(3). ``(D) Construction.--Nothing in this paragraph shall be construed as-- ``(i) preventing the sponsor of a prescription drug plan, or an organization offering an MA-PD plan, from obtaining a discount or reduction of the price for a covered part D drug described in subparagraph (A) below the price negotiated under such subparagraph or determined under subparagraph (B); or ``(ii) permitting the Secretary to make proprietary data available to the public. ``(E) Definitions.--In this paragraph: ``(i) Drug manufacturer.--The term `drug manufacturer' has the meaning given the term `manufacturer' in section 1860D-14A(g)(5). ``(ii) Single source drug or biological.-- The term `single source drug or biological' has the meaning given such term in section 1847A(c)(6)(D).''. (b) Requiring Participation in Negotiation Process as Condition of Part D Drug Coverage.--Section 1860D-14A(b) of the Social Security Act (42 U.S.C. 1395w-114a(b)) is amended by adding at the end the following new paragraph: ``(5) Participation in negotiation process.--Each agreement under this subsection shall include, with respect to plans years beginning with plan year 2017, an agreement by the manufacturer, with respect to each specified drug of such manufacturer under section 1860d-11(i)(2), to participate in the negotiation process under such section for such drug, including accepting the price resulting from the negotiation (or, in the case that such negotiation does not result in a price for such drug that is agreed to by the Secretary and the manufacturer, the price resulting from the application of subparagraph (B)(ii) of such section) as the maximum price for such drug for the period provided under such section.''. SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Health and Human Services shall conduct a study examining-- (1) the impact of the amendments made by section 2 on-- (A) the cost of single source drugs and biologicals (as defined in section 1847A(c)(6)(D) of the Social Security Act (42 U.S.C. 1395w-3a(c)(6)(D))) for which payment is made under part B of title XVIII of such Act; and (B) the accessibility of such drugs and biologicals for individuals entitled to benefits under part A of such title or enrolled under part B of such title; and (2) options that would permit or require the Secretary to create and implement, not later than one year after the date of the report described in subsection (b)-- (A) a method to apply to such single source drugs and biologicals for which the Secretary determines appropriate-- (i) an authority similar to the authority granted to the Secretary under subparagraph (A) of section 1860D-11(i)(2) of such Act (relating to negotiating with drug manufacturers the part D prices for certain specified drugs); and (ii) a negotiation process similar to the process under subparagraph (B) of such section; and (B) a method, such as a rebate program, to incorporate the rate negotiated for such drugs and biologicals pursuant to the authority described in subparagraph (A) into payments for such drugs and biologicals under part B of such Act. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the results of the study conducted under subsection (a). Such report shall include recommendations regarding the options examined pursuant to paragraph (2) of such subsection.

Summary: Medicare Fair Drug Pricing Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to negotiate with drug manufacturers in determining the price that may be charged for prescription drugs under the Medicare prescription drug benefit. Under current law, CMS may not interfere with negotiations between drug manufacturers and prescription drug plan (PDP) sponsors. The bill creates an exception to this prohibition with respect to specified drugs that: (1) are single-source or biological, (2) are not both manufactured by more than two drug manufacturers and manufactured by at least one manufacturer as a generic drug, and (3) meet other specified requirements. CMS must promulgate regulations regarding the identification of such drugs. With respect to these drugs, CMS shall negotiate the price that may be charged to PDP sponsors and Medicare Advantage (MA) organizations for Medicare and MA enrollees. The bill establishes processes for negotiation and price determination in the initial plan year and subsequent plan years. A manufacturer must participate in the negotiation process as a condition of coverage under the Medicare prescription drug benefit.


SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Character Development Act''. (b) Purposes.--The purposes of this Act are-- (1) to reduce the school dropout rate for at-risk youth; (2) to improve the academic performance of at-risk youth; and (3) to reduce juvenile delinquency and gang participation. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``at-risk youth'' means a youth at risk of-- (A) educational failure; (B) dropping out of school; or (C) involvement in delinquent activities; (2) the term ``eligible local educational agency'' means a local educational agency that has entered into a partnership, with a community-based organization that provides one-to-one mentoring services, to carry out the authorized activities described in section 5 in accordance with this Act; (3) the terms ``elementary school'', ``local educational agency'', and ``secondary school'', have the meanings given such terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801); (4) the term ``mentor'' means a person who works with an at-risk youth on a one-to-one basis, to establish a supportive relationship with the youth and to provide the youth with academic assistance and exposure to new experiences that enhance the youth's ability to become a better student and a responsible citizen; and (5) the term ``Secretary'' means the Secretary of Education. SEC. 3. MENTORING PROGRAMS. (a) Grant Authority.--The Secretary is authorized to award grants to eligible local educational agencies to enable such agencies to establish mentoring programs that-- (1) are designed to link-- (A) individual at-risk youth; with (B) responsible, individual adults who serve as mentors; and (2) are intended to-- (A) increase at-risk youth participation in, and enhance the ability of such youth to benefit from, elementary and secondary education; (B) discourage at-risk youth from-- (i) using illegal drugs; (ii) violence; (iii) using dangerous weapons; (iv) criminal activity not described in clauses (i), (ii), and (iii); and (v) involvement in gangs; (C) promote personal and social responsibility among at-risk youth; (D) encourage at-risk youth participation in community service and community activities; or (E) provide general guidance to at-risk youth. (b) Amount and Duration.--Each grant under this section shall be awarded in an amount not to exceed a total of $200,000 over a period of not more than three years. (c) Priority.--The Secretary shall give priority to awarding a grant under this section to an application submitted under section 7 that-- (1) describes a mentoring program in which 60 percent or more of the at-risk youth to be served are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); (2) describes a mentoring program that serves at-risk youth who are-- (A) at risk of dropping out of school; or (B) involved in delinquent activities; and (3) demonstrates the ability of the eligible local educational agency to continue the mentoring program after the termination of the Federal funds provided under this section. (d) Other Considerations.--In awarding grants under this section, the Secretary shall give consideration to-- (1) providing an equitable geographic distribution of such grants, including awarding such grants for mentoring programs in both rural and urban areas; (2) the quality of the mentoring program described in the application submitted under section 7, including-- (A) the resources, if any, that will be dedicated to providing participating at-risk youth with opportunities for job training or postsecondary education; and (B) the degree to which parents, teachers, community-based organizations, and the local community participate in the design and implementation of the mentoring program; and (3) the capability of the eligible local educational agency to effectively implement the mentoring program. SEC. 4. IMPLEMENTATION AND EVALUATION GRANTS. The Secretary is authorized to award grants to national organizations or agencies serving youth to enable such organizations or agencies-- (1) to conduct a multisite demonstration project, involving 5 to 10 project sites, that-- (A) provides an opportunity to compare various one- to-one mentoring models for the purpose of evaluating the effectiveness and efficiency of such models; (B) allows for innovative programs designed under the oversight of a national organization or agency serving youth, which programs may include-- (i) technical assistance; (ii) training; and (iii) research and evaluation; and (C) disseminates the results of such demonstration project to allow for the determination of the best practices for various mentoring programs; (2) to develop and evaluate screening standards for school- linked mentoring programs; and (3) to develop and evaluate volunteer recruitment activities for school-linked mentoring programs. SEC. 5. AUTHORIZED ACTIVITIES. (a) Permitted Uses.--Grant funds awarded under this Act (other than grant funds awarded under section 4) shall be used for-- (1) hiring of mentoring coordinators and support staff; (2) recruitment, screening and training of adult mentors; (3) reimbursement of mentors for reasonable incidental expenditures, such as transportation, that are directly associated with mentoring, except that such expenditures shall not exceed $500 per mentor per calendar year; or (4) such other purposes as the Secretary determines may be reasonable. (b) Prohibited Uses.--Grant funds awarded under this Act shall not be used-- (1) to directly compensate a mentor, except as provided under subsection (a)(3); (2) to obtain educational or other materials or equipment that would otherwise be used in the ordinary course of the grant recipient's operations; (3) to support litigation; or (4) for any other purposes that the Secretary determines are prohibited. SEC. 6. REGULATIONS AND GUIDELINES. (a) Regulations.--The Secretary, after consultation with the Secretary of Health and Human Services, the Attorney General, and the Secretary of Labor, shall provide for the promulgation of regulations to implement this Act. (b) Guidelines.--The Secretary shall develop and distribute to eligible local educational agencies receiving a grant under section 3 specific model guidelines for the screening of mentors. SEC. 7. APPLICATIONS. (a) In General.--Each entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (b) Mentoring Programs.--Each application submitted under subsection (a) for a grant under section 3 shall contain-- (1) information on the at-risk youth expected to be served; (2) a provision describing the mechanism for matching at- risk youth with mentors based on the needs of the at-risk youth; (3) an assurance that no mentor will be assigned to more than one at-risk youth, so as to ensure a one-to-one mentoring relationship; (4) an assurance that a mentoring program operated in a secondary school will provide at-risk youth with a variety of experiences and support, including-- (A) an opportunity to spend time in a work environment and, when possible, participate in the work environment; (B) an opportunity to witness the job skills that will be required for the at-risk youth to obtain employment upon graduation; (C) assistance with homework assignments; and (D) exposure to experiences that the at-risk youth might not otherwise encounter; (5) an assurance that the mentoring program operated in elementary schools will provide at-risk youth with-- (A) academic assistance; (B) exposure to new experiences and activities that at-risk youth might not encounter on their own; and (C) emotional support; (6) an assurance that the mentoring program will be monitored to ensure that each at-risk youth participating in the mentoring program benefits from a mentor relationship, including providing a new mentor assignment if the original mentoring relationship is not beneficial to the at-risk youth; (7) the methods by which mentors and at-risk youth will be recruited to the mentoring program; (8) the method by which prospective mentors will be screened; and (9) the training that will be provided to mentors. SEC. 8. EVALUATION. (a) Evaluation.--The Comptroller General of the United States shall enter into a contract, with an evaluating organization that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs and activities assisted under this Act. (b) Evaluation Criteria.--The Comptroller General of the United States, in consultation with the Secretary, shall establish minimum criteria for evaluating the programs and activities assisted under this Act. Such criteria shall provide for a description of the implementation of each program or activity assisted under this Act and such program or activity's effect on all participants, schools, communities, and youth served by such program or activity. SEC. 9. REPORTS. (a) Report by Grant Recipients.--Each entity receiving a grant under this Act shall submit to the evaluating organization entering into the contract under section 8(a)(1) an annual report regarding any program or activity assisted under this Act. Each such report shall be submitted at such a time, in such a manner, and accompanied by such information, as such evaluating organization may require. (b) Reports by Comptroller General.--The Comptroller General shall submit to Congress not later than September 30, 1999, a report regarding the success and effectiveness of grants awarded under this Act in reducing the school dropout rate, improving academic performance of at-risk youth, and reducing juvenile delinquency and gang participation. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Mentoring Programs.--There is authorized to be appropriated $35,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out section 3. (b) Implementation and Evaluation Grants.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, and 2000 to carry out section 4.

Summary: Character Development Act - Authorizes the Secretary of Education to award: (1) mentor program grants to eligible local educational agencies to establish mentoring programs designed to link individual at-risk youth with responsible, individual adults who serve as mentors; and (2) implementation and evaluation grants to national organizations or agencies serving youth to conduct a multisite demonstration project, involving five to ten project sites, develop and evaluate screening standards for school-linked mentoring programs, and develop and evaluate volunteer recruitment activities for school-linked mentoring programs. Sets forth permitted and prohibited uses of grant funds awarded under this Act. Directs the Secretary to develop and distribute to eligible local educational agencies receiving a mentor program grant specific model guidelines for the screening of mentors. Sets forth requirements for grant applications, program evaluations and reports by the Comptroller General, and reports by grant recipients. Authorizes appropriations for Mentoring Program Grants and Implementation and Evaluation Grants.


SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and inserting after section 34 the following new section: ``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses. ``(b) Limitations.-- ``(1) Maximum dollar amount.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed $3,000. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $500 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $150,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Cost-of-living adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2002, the $150,000 amount under subparagraph (A) 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 the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lower multiple of $1,000. ``(c) Qualified Child Disability Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified child disability expenses' means amounts paid for services and equipment related to education and training of a qualified child of the taxpayer in connection with a developmental disability of such child, including-- ``(A) behavioral therapy, ``(B) speech therapy, ``(C) occupational therapy, ``(D) physical therapy, ``(E) auditory therapy, ``(F) assistive communication technology, and ``(G) such other services as the Secretary may, in consultation with the Secretary of Health and Human Services and the Secretary of Education, provide by regulation. ``(2) Developmental disability.--The term `developmental disability' has the same meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402; 114 Stat. 1682). ``(3) Qualified child.--The term `qualified child' means any individual if-- ``(A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(B) such individual has not attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ``(d) Verification Requirements.-- ``(1) Expenses must be substantiated.--Qualified child disability expenses to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such expense in such form as the Secretary may prescribe. ``(2) Identification requirement.--No credit shall be allowed under this section with respect to any qualified child unless the taxpayer includes the name and taxpayer identification number of such qualified child on the return of tax for the taxable year. ``(e) Special Rules.-- ``(1) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(2) Married couples must file joint returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 35. Child disability expenses. ``Sec. 36. Overpayments of tax.''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) in the case of property with respect to which a credit was allowed under section 35, to the extent provided in section 35(e)(3).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Summary: Amends the Internal Revenue Code to allow a tax credit for up to $3,000 of the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses for services and equipment related to education and training of a child of the taxpayer with a developmental disability, including behavioral therapy, speech therapy, occupational therapy, physical therapy, auditory therapy, assistive communication technology, and other related services. Phases out the credit by $500 increments per $1,000 of modified adjusted gross income over $150,000.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Complete America's Great Trails Act''. SEC. 2. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. NATIONAL SCENIC TRAIL CONSERVATION CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year. ``(b) National Scenic Trail Conservation Contribution.--For purposes of this section-- ``(1) In general.--The term `National Scenic Trail conservation contribution' means any qualified conservation contribution-- ``(A) to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and ``(B) with respect to which the taxpayer makes an election under this section. ``(2) National scenic trail.--The term `National Scenic Trail' means any trail authorized and designated under section 5 of the National Trails System Act (16 U.S.C. 1244), but only if such trail is at least 200 miles in length. ``(3) Trail corridor.-- ``(A) In general.--The term `trail corridor' means so much of the corridor of a trail as is-- ``(i) subject to subparagraph (B), not less than 150 feet wide on each side of such trail, and ``(ii) not greater than 2,640 feet wide. ``(B) Exceptions.-- ``(i) Less than 150 feet wide on a side of the trail.--In the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of the trail, the trail corridor shall include the entire distance with respect to such interest on such side. ``(ii) Building and structures near the trail.--In the case of an interest in real property of the taxpayer which includes a residence or structure owned by the taxpayer which is located less than 150 feet from the trail, the trail corridor for the side of the trail on which the residence or structure is located shall include such distance from the trail as is determined appropriate by the taxpayer. ``(4) Qualified conservation contribution; qualified real property interest.--The terms `qualified conservation contribution' and `qualified real property interest' have the respective meanings given such terms by section 170(h), except that paragraph (2)(A) thereof shall be applied without regard to any qualified mineral interest (as defined in paragraph (6) thereof). ``(c) Special Rules.-- ``(1) Fair market value.--Fair market value of any National Scenic Trail conservation contribution shall be determined in the same manner as qualified conservation contributions under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution. ``(2) Election irrevocable.--An election under this section may not be revoked. ``(3) Denial of double benefit.--No deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used in a trade or business or held for the production of income shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(e) Carryforward of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds-- ``(A) the limitation imposed by section 26(a) for any taxable year, reduced by ``(B) the sum of the credits allowable under subpart A (other than this section) for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Limitation.--No credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis.''. (b) Continued Use Not Inconsistent With Conservation Purposes.--A contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act (16 U.S.C. 1241 et seq.). (c) Study Regarding Efficacy of National Scenic Trail Conservation Credit.-- (1) In general.--The Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study-- (A) the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and (B) the feasibility and estimated costs and benefits of-- (i) making such credit refundable (in whole or in part), and (ii) allowing transfer of such credit. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection. (d) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``30E. National Scenic Trail conservation credit.''. (e) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

Summary: Complete America's Great Trails Act This bill amends the Internal Revenue Code to allow a tax credit for the fair market value of any National Scenic Trail conservation contribution. The Department of the Interior must study and report on the efficacy of such tax credit in completing, extending, and increasing the number of National Scenic Trails and the feasibility and cost of making such credit refundable and transferable.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Global AIDS Research and Relief Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) AIDS.--The term ``AIDS'' means the acquired immune deficiency syndrome. (2) Association.--The term ``Association'' means the International Development Association. (3) Bank.--The term ``Bank'' or ``World Bank'' means the International Bank for Reconstruction and Development. (4) HIV.--The term ``HIV'' means the human immunodeficiency virus, the pathogen, which causes AIDS. (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to an individual, an individual who is infected with HIV or living with AIDS. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) According to the Surgeon General of the United States, the epidemic of human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) will soon become the worst epidemic of infectious disease in recorded history, eclipsing both the bubonic plague of the 1300s and the influenza epidemic of 1918-1919 which killed more than 20,000,000 people worldwide. (2) According to the Joint United Nations Programme on HIV/ AIDS (UNAIDS), more than 36,100,000 people in the world today are living with HIV/AIDS, of which approximately 95 percent live in the developing world. (3) UNAIDS data shows that among children age 15 and under worldwide, more than 4,300,000 have died from AIDS, more than 1,400,000 are living with the disease; and in 1 year alone-- 2000--an estimated 600,000 became infected, of which over 90 percent were babies born to HIV-positive women. (4) Although sub-Saharan Africa has only 10 percent of the world's population, it is home to more than 25,300,000--roughly 70 percent--of the world's HIV/AIDS cases. (5) Worldwide, there have already been an estimated 21,800,000 deaths because of HIV/AIDS, of which more than 80 percent occurred in sub-Saharan Africa. (6) According to UNAIDS, by the end of 1999, 13,200,000 children have lost at least one parent to AIDS, including 12,100,000 children in sub-Saharan Africa, and are thus considered AIDS orphans. (7) At current infection and growth rates for HIV/AIDS, the National Intelligence Council estimates that the number of AIDS orphans worldwide will increase dramatically, potentially increasing threefold or more in the next 10 years, contributing to economic decay, social fragmentation, and political destabilization in already volatile and strained societies. Children without care or hope are often drawn into prostitution, crime, substance abuse, or child soldiery. (8) The discovery of a relatively simple and inexpensive means of interrupting the transmission of HIV from an infected mother to the unborn child--namely with nevirapine (NVP), which costs $4 a tablet--has created a great opportunity for an unprecedented partnership between the United States Government and the governments of Asian, African, and Latin American countries to reduce mother-to-child transmission (also known as ``vertical transmission'') of HIV. (9) According to UNAIDS, if implemented this strategy will decrease the proportion of orphans that are HIV-infected and decrease infant and child mortality rates in these developing regions. (10) A mother-to-child antiretroviral drug strategy can be a force for social change, providing the opportunity and impetus needed to address often longstanding problems of inadequate services and the profound stigma associated with HIV-infection and the AIDS disease. Strengthening the health infrastructure to improve mother-and-child health, antenatal, delivery, and postnatal services, and couples counseling generates enormous spillover effects toward combating the AIDS epidemic in developing regions. (11) A January 2000 United States National Intelligence Estimate (NIE) report on the global infectious disease threat concluded that the economic costs of infectious diseases-- especially HIV/AIDS--are already significant and could reduce GDP by as much as 20 percent or more by 2010 in some sub- Saharan African nations. (12) The HIV/AIDS epidemic is of increasing concern in other regions of the world, with UNAIDS estimating that there are more than 5,800,000 cases in South and Southeast Asia, that the rate of HIV infection in the Caribbean is second only to sub-Saharan Africa, and that HIV infections have doubled in just 2 years in the former Soviet Union. (13) Russia is the new ``hot spot'' for the pandemic and more Russians are expected to be diagnosed with HIV/AIDS by the end of 2001 than all cases from previous years combined. (14) Despite the discouraging statistics on the spread of HIV/AIDS, some developing nations-- such as Uganda, Senegal, and Thailand--have implemented prevention programs that have substantially curbed the rate of HIV infection. (15) Accordingly, United States financial support for medical research, education, and disease containment as a global strategy has beneficial ramifications for millions of Americans and their families who are affected by this disease, and the entire population, which is potentially susceptible. (b) Purposes.--The purposes of this Act are to-- (1) help prevent human suffering through the prevention, diagnosis, and treatment of HIV/AIDS; and (2) help ensure the viability of economic development, stability, and national security in the developing world by advancing research to-- (A) understand the causes associated with HIV/AIDS in developing countries; and (B) assist in the development of an AIDS vaccine. SEC. 4. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND AIDS. Paragraphs (4) through (6) of section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(c)) are amended to read as follows: ``(4)(A) Congress recognizes the growing international dilemma of children with the human immunodeficiency virus (HIV) and the merits of intervention programs aimed at this problem. Congress further recognizes that mother-to-child transmission prevention strategies can serve as a major force for change in developing regions, and it is, therefore, a major objective of the foreign assistance program to control the acquired immune deficiency syndrome (AIDS) epidemic. ``(B) The agency primarily responsible for administering this part shall-- ``(i) coordinate with UNAIDS, UNICEF, WHO, national and local governments, other organizations, and other Federal agencies to develop and implement effective strategies to prevent vertical transmission of HIV; and ``(ii) coordinate with those organizations to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. ``(5)(A) Congress expects the agency primarily responsible for administering this part to make the human immunodeficiency virus (HIV) and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program and to undertake a comprehensive, coordinated effort to combat HIV and AIDS. ``(B) Assistance described in subparagraph (A) shall include help providing-- ``(i) primary prevention and education; ``(ii) voluntary testing and counseling; ``(iii) medications to prevent the transmission of HIV from mother to child; ``(iv) programs to strengthen and broaden health care systems infrastructure and the capacity of health care systems in developing countries to deliver HIV/ AIDS pharmaceuticals, prevention, and treatment to those afflicted with HIV/AIDS; and ``(v) care for those living with HIV or AIDS. ``(6)(A) In addition to amounts otherwise available for such purpose, there is authorized to be appropriated to the President $600,000,000 for each of the fiscal years 2002 and 2003 to carry out paragraphs (4) and (5). ``(B) Of the funds authorized to be appropriated under subparagraph (A), not less than 65 percent is authorized to be available through United States and foreign nongovernmental organizations, including private and voluntary organizations, for-profit organizations, religious affiliated organizations, educational institutions, and research facilities. ``(C)(i) Of the funds authorized to be appropriated by subparagraph (A), priority should be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans and prevention strategies for vertical transmission referred to in paragraph (4)(A). ``(ii) Assistance made available under this subsection, and assistance made available under chapter 4 of part II to carry out the purposes of this subsection, may be made available notwithstanding any other provision of law that restricts assistance to foreign countries. ``(D) Of the funds authorized to be appropriated by subparagraph (A), not more than 7 percent may be used for the administrative expenses of the agency primarily responsible for carrying out this part of this Act in support of activities described in paragraphs (4) and (5). ``(E) Funds appropriated under this paragraph are authorized to remain available until expended.''.

Summary: Global AIDS Research and Relief Act of 2001 - Amends the Foreign Assistance Act of 1961 to revise requirements for assistance for health programs in developing countries to require the agency primarily responsible for administering this Act to coordinate with specified organizations, including other Federal agencies, to develop and implement effective strategies to prevent vertical transmission of human immunodeficiency virus (HIV) and to increase intervention programs and introduce voluntary counseling and testing, antiretroviral drugs, replacement feeding, and other strategies. Urges such agency to: (1) make HIV and the acquired immune deficiency syndrome (AIDS) a priority in the foreign assistance program for developing foreign countries; and (2) undertake a comprehensive, coordinated effort to combat HIV and AIDS, including providing programs to strengthen and broaden health care systems infrastructure and capacity to deliver HIV/AIDS pharmaceuticals, prevention, and treatment to those afflicted with HIV/AIDS.Authorizes appropriations. Urges that priority be given to programs that address the support and education of orphans in sub-Saharan Africa, including AIDS orphans, and prevention strategies for vertical transmission of HIV.


SECTION 1. PEG SIGNAL QUALITY AND CONTENT; PRESERVATION OF SUPPORT OF PEG USE. (a) In General.--Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following: ``(f) Signal Quality and Content.-- ``(1) In general.--A cable operator that operates a cable system with channel capacity designated under subsection (b) or that is required to provide channel capacity under subsection (g)(6) shall, with respect to such channel capacity-- ``(A) carry signals for public, educational, or governmental use from the point of origin of such signals to subscribers without material degradation and without altering or removing content or data provided as part of the public, educational, or governmental use; ``(B) provide such signals to, and make such signals viewable by, every subscriber of the cable system without additional service or equipment charges; and ``(C) provide to the appropriate local government subdivision, free of charge, any transmission services and the use of any transmission facilities that are necessary to meet the requirements of subparagraph (A). ``(2) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State. ``(g) Preservation of Support of Public, Educational, and Governmental Use.-- ``(1) Level of support required.--In a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, notwithstanding such legislation, a cable operator owes to any local government subdivision in which the operator provides cable service during a year beginning after the date of enactment of this subsection an amount for such year to be determined by the local government subdivision, but not to exceed the greatest of the following: ``(A) The amount of support provided in the last calendar year ending before the effective date of such State legislation. ``(B) The average annual amount of support provided over the term of the franchise under which the cable operator was operating on the day before the effective date of such State legislation. ``(C) The amount of support that the cable operator is required to provide to such local government subdivision under such State legislation during the year involved. ``(D) An amount of support equal to 2 percent of the gross revenues of the cable operator from the operation of the cable system to provide cable services in such local government subdivision during the year involved. ``(2) Forms of support.--For purposes of paragraph (1), support for public, educational, or governmental use of a cable system means all cash payments, in-kind support, and free services that the operator of the cable system, or its predecessor, provides to the local government subdivision for such use of the cable system. ``(3) Adjustment for inflation.--For a year beginning on or after the effective date described in subparagraphs (A) and (B) of paragraph (1), on the date that the Gross National Product Price Index is first published by the Bureau of Economic Analysis after the end of June of such year, the amounts specified in such subparagraphs shall be increased by the percentage increase, if any, in the Index published on such date from the Index first published after the end of June of the preceding year. ``(4) Cash payments.--A cable operator that owes amounts under paragraph (1) shall, beginning not later than 30 days after the date of enactment of this subsection, pay such amounts in cash-- ``(A) in accordance with the schedule for payment of franchise fees, communications taxes, or other similar assessments under any applicable franchise; or ``(B) if there is no payment schedule for such assessments under an applicable franchise, in accordance with the most frequent payment schedule for such assessments under applicable State or local law. ``(5) Uses; disputes.-- ``(A) Uses.--Support provided to any local government subdivision under this subsection shall be dedicated to public, educational, or governmental use of channel capacity. ``(B) Disputes.-- ``(i) Mediation.--If there is a dispute as to amounts owed under this subsection, undisputed amounts shall be paid to the local government subdivision, disputed amounts shall be paid into an escrow account, and the parties shall submit to nonbinding mediation. ``(ii) Court proceedings.--If the dispute cannot be settled using mediation, either party may seek relief from a court of competent jurisdiction. ``(6) Channels.--In a State that adopts legislation affecting cable system franchising requirements relating to the number of channels for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, a cable operator shall, notwithstanding such legislation, provide in a local government subdivision at least the greater of the following number of channels for such use: ``(A) The number of channels for such use that the operator was providing in the local government subdivision on the day before the effective date of such State legislation. ``(B) If the operator provided fewer than 3 channels for such use in the local government subdivision on the day before the effective date of such State legislation, a number specified by the local government subdivision, but not to exceed 3. ``(7) Enforcement.--The requirements of this subsection may be enforced by-- ``(A) a local government subdivision; or ``(B) a State.''. (b) Definitions.-- (1) Cable service.--Section 602(6) of the Communications Act of 1934 (47 U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means, regardless of the technology or transmission protocol used in the provision of service''. (2) Local government subdivision.--Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is amended-- (A) by redesignating paragraphs (13) through (20) as paragraphs (14) through (21), respectively; and (B) by inserting after paragraph (12) the following: ``(13) the term `local government subdivision' means-- ``(A) except as provided in subparagraph (B), a franchising authority that derives its power to grant a franchise from State or local law; and ``(B) in a State that adopts legislation affecting cable system franchising requirements relating to support for public, educational, or governmental use of a cable system that becomes effective after May 31, 2005, an entity that was considered a franchising authority deriving its power to grant a franchise from State or local law as of the day before the effective date of such State legislation;''. (3) Franchise fee.--Section 622(g)(2) of the Communications Act of 1934 (47 U.S.C. 542(g)(2)) is amended-- (A) in subparagraph (B), by striking ``in the case of any franchise in effect on the date of enactment of this title,''; (B) by striking subparagraph (C); and (C) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.

Summary: Amends the Communications Act of 1934 to require certain cable system operators, with channel capacity for public, educational, or governmental (PEG) use that is designated by a franchising authority under existing code provisions or required to be provided under this Act, to: (1) carry PEG-use signals to subscribers without material degradation and without altering or removing content or data; (2) provide viewable signals to every cable subscriber without additional service or equipment charges; and (3) provide to the appropriate local government subdivision (LGS), free of charge, any transmission services and the use of any transmission facilities necessary to meet such requirements. Requires a cable operator in a state adopting applicable franchising legislation that becomes effective after May 31, 2005, to: (1) owe any LGS in which the operator provides cable service during a year beginning after enactment of this Act an LGS-determined amount for such year, within specified limits, notwithstanding requirements relating to support for cable system PEG use in such state legislation; and (2) provide a certain number of channels for PEG use in an LGS, notwithstanding requirements relating to the number of PEG-use cable channels in such state legislation. Defines "local government subdivision" (referred to above as an LGS) as a franchising authority deriving its power to grant a franchise from state or local law or an entity considered such a franchising authority as of the day before the effective date of such state legislation relating to support. Specifies forms of support as cash payments, in-kind support, and free services provided by the cable system operator, or its predecessor, to the LGS for the cable system's PEG use. Sets forth provisions regarding: (1) LGS or state enforcement, and (2) nonbinding mediation and court proceedings concerning disputed support amounts. Revises the definition of "franchise fee" including by striking a provision prohibiting such a fee from including (in the case of a franchise granted after the enactment of the Cable Communications Policy Act of 1984) capital costs that the franchise requires the cable operator to incur for PEG access facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Oversight by Financial Inspectors General Act of 2009''. SEC. 2. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES TO THE DEPOSIT INSURANCE FUND FOR PURPOSES OF INSPECTORS GENERAL REVIEWS. (a) In General.--Section 38(k) of the Federal Deposit Insurance Act (U.S.C. 1831o(k)) is amended-- (1) in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Material loss defined.--The term `material loss' means any estimated loss in excess of $200,000,000, occurring after March 31, 2009.''; (2) in that portion of paragraph (4)(A) that precedes clause (i), by striking ``the report'' and inserting ``any reports under this subsection on losses''; (3) by striking paragraph (6); (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) Losses that are not material.-- ``(A) Semiannual report.--For the 6-month period ending on September 30, 2009, and each 6-month period thereafter, the Inspector General of each Federal banking agency shall-- ``(i) identify losses estimated to be incurred by the Deposit Insurance Fund during that 6-month period with respect to insured depository institutions supervised by such Federal banking agency; ``(ii) for each loss to the Deposit Insurance Fund (as a loss to such Fund is defined in paragraph (2)(A)) that is not a material loss, determine the grounds identified by the Federal banking agency or State bank supervisor under section 11(c)(5) for appointing the Corporation as receiver and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and ``(iii) prepare a written report to the appropriate Federal banking agency and for the Congress on the results of the Inspector General's determinations, including-- ``(I) the identity of any loss that warrants an in-depth review and the reasons why such review is warranted, or if the Inspector General determines that no review is warranted, an explanation of such determination; and ``(II) for each loss identified in subclause (I) that warrants an in-depth review, a date by which such review, and a report on the review prepared in a manner consistent with reports under paragraph (1)(A), will be completed. ``(B) Deadline for semiannual report.--The Inspector General of each Federal banking agency shall-- ``(i) comply with the semiannual report requirements of paragraph (A) expeditiously, and in any event within 90 days after the end of the 6-month period covered by the report; and ``(ii) provide a copy of the report to any Member of Congress upon request.''. (b) Technical and Conforming Amendment.--The heading for subsection (k) of section 38 of the Federal Deposit Insurance Act (U.S.C. 1831o(k)) is amended-- (1) by striking ``Review'' and inserting ``Reviews''; and (2) by striking ``Material Loss'' and inserting ``Losses''. SEC. 3. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES TO THE NATIONAL CREDIT UNION SHARE INSURANCE FUND FOR PURPOSES OF INSPECTORS GENERAL REVIEWS. (a) In General.--Subsection (j) of section 216 of the Federal Credit Union Act (12 U.S.C. 1790d(j)) is amended to read as follows: ``(j) Reviews Required When Share Insurance Fund Experiences Losses.-- ``(1) In general.--If the Fund incurs a material loss with respect to an insured credit union, the inspector general of the Board shall-- ``(A) make a written report to the Board reviewing the Administration's supervision of the credit union (including the Administration's implementation of this section), which shall-- ``(i) ascertain why the credit union's problems resulted in a material loss to the Fund; and ``(ii) make recommendations for preventing any such loss in the future; and ``(B) provide a copy of the report to-- ``(i) the Comptroller General of the United States; (ii) the Corporation (if the agency is not the Corporation); ``(ii) in the case of a State credit union, the appropriate State supervisor; and ``(iii) upon request by any Member of Congress, to that Member. ``(2) Material loss defined.--For purposes of determining whether the Fund has incurred a material loss with respect to an insured credit union, a loss is material if it exceeds the sum of-- ``(A) $25,000,000; and ``(B) an amount equal to 10 percent of the total assets of the credit union at the time at which the Board initiated assistance under section 1788 of this title or was appointed liquidating agent. ``(3) Public disclosure required.-- ``(A) In general.--The Board shall disclose a report under this subsection upon request under section 552 of title 5 without excising-- ``(i) any portion under section 552(b)(5) of that title; or ``(ii) any information about the insured credit union (other than trade secrets) or paragraph (8) of section 552(b) of that title. ``(B) Exception.--Subparagraph (A) shall not be construed as requiring the agency to disclose the name of any customer of the insured credit union (other than an institution-affiliated party), or information from which such a person's identity could reasonably be ascertained. ``(4) Losses that are not material.-- ``(A) Semiannual report.--For the 6-month period ending on September 30, 2009, and each 6-month period thereafter, the Inspector General of the Board shall-- ``(i) identify losses estimated to be incurred by the Fund during that 6-month period with respect to insured credit unions; ``(ii) for each loss to the Fund that is not a material loss, determine the grounds identified by the Board or the State official having jurisdiction over a State credit union for appointing the Board the liquidating agent for any Federal or State credit union and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and ``(iii) prepare a written report to the Board and for the Congress on the results of the Inspector General's determinations, including-- ``(I) the identity of any loss that warrants an in-depth review and the reasons why such review is warranted, or if the Inspector General determines that no review is warranted, an explanation of such determination; and ``(II) for each loss identified in subclause (I) that warrants an in-depth review, a date by which such review, and a report on the review prepared in a manner consistent with reports under paragraph (1)(A), will be completed. ``(B) Deadline for semiannual report.--The Inspector General of the Board shall-- ``(i) comply with the semiannual report requirements of paragraph (A) expeditiously, and in any event within 90 days after the end of the 6-month period covered by the report; and ``(ii) provide a copy of the report to any Member of Congress upon request. ``(5) GAO review.--The Comptroller General of the United States shall, under such conditions as the Comptroller General determines to be appropriate, review reports made under paragraph (1), including the extent to which the Inspector General of the Board complied with section 8L of the Inspector General Act of 1978 with respect to each such report, and recommend improvements in the supervision of insured credit unions (including the implementation of this section).''. Passed the House of Representatives July 29, 2009. Attest: LORRAINE C. MILLER, Clerk.

Summary: Improved Oversight by Financial Inspectors General Act of 2009 - (Sec. 2) Amends the Federal Deposit Insurance Act (FDIA) to revise the meaning of material loss to repeal its definition as an amount exceeding the greater of $25 million or 2% of the institution's total assets at the time the Federal Deposit Insurance Corporation (FDIC) initiated assistance or was appointed receiver. Counts as a material loss any estimated loss in excess of $200 million occurring after March 31, 2009. Requires the Inspector General (IG) of each federal banking agency to report semiannually to the appropriate federal agency and to Congress regarding: (1) losses estimated to be incurred by the Deposit Insurance Fund (DIF) with respect to insured depository institutions the agency supervises; (2) each loss that is not a material loss, the grounds for appointing the FDIC as receiver, and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and (3) the results of the IG's determinations. (Sec. 3) Amends the Federal Credit Union Act (FCUA) to require the IG of the National Credit Union Administration (NCUA) to report to the NCUA Board about any material loss to the National Credit Union Share Insurance Fund (NCUSIF) with respect to an insured credit union regarding: (1) why the credit union's problems resulted in a material loss to the NCUSIF; and (2) how such loss may be prevented in the future. Revises the definition of material loss to the NCUSIF, currently an amount exceeding the sum of $10 million and 10% of the credit union's total assets at the time the NCUA Board initiated assistance or was appointed liquidating agent. Increases the $10 million to $25 million. Requires the IG of the NCUA Board to report semiannually to the Board and Congress regarding: (1) losses estimated to be incurred by the NCUSIF with respect to insured credit unions; (2) each loss that is not a material loss, the grounds for appointing the NCUA Board as liquidating agent for any federal or state credit union, and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and (3) the results of the IG's determinations. Instructs the Comptroller General to: (1) review reports regarding material losses to the NCUSIF, and (2) make recommendations for improvements in the supervision of insured credit unions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Simplification Act of 1998''. SEC. 2. FINDINGS. The Congress finds that: (1) Simplifying the tax rules with respect to independent contractors was the top vote-getter at the 1995 White House Conference on Small Business. Conference delegates recommended that Congress ``should recognize the legitimacy of an independent contractor''. The Conference found that the current common law is ``too subjective'' and called upon the Congress to establish ``realistic and consistent guidelines''. (2) It is in the best interests of taxpayers and the Federal Government to have fair and objective rules for determining who is an employee and who is an independent contractor. SEC. 3. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. STANDARDS FOR DETERMINING WHETHER INDIVIDUALS ARE NOT EMPLOYEES. ``(a) General Rule.--For purposes of this subtitle, and notwithstanding any provision of this subtitle to the contrary, if the requirements of subsections (b), (c), and (d) are met with respect to any service performed by any individual, then with respect to such service-- ``(1) the service provider shall not be treated as an employee, ``(2) the service recipient shall not be treated as an employer, and ``(3) the payor shall not be treated as an employer. ``(b) Service Provider Requirements With Regard to Service Recipient.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has a significant investment in assets and/or training, ``(2) incurs significant unreimbursed expenses, ``(3) agrees to perform the service for a particular amount of time or to complete a specific result and is liable for damages for early termination without cause, ``(4) is paid primarily on a commissioned basis, or ``(5) purchases products for resale. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if-- ``(1) the service provider-- ``(A) has a principal place of business, ``(B) does not primarily provide the service in the service recipient's place of business, or ``(C) pays a fair market rent for use of the service recipient's place of business; or ``(2) the service provider-- ``(A) is not required to perform service exclusively for the service recipient, and ``(B) in the year involved, or in the preceding or subsequent year-- ``(i) has performed a significant amount of service for other persons, ``(ii) has offered to perform service for other persons through-- ``(I) advertising, ``(II) individual written or oral solicitations, ``(III) listing with registries, agencies, brokers, and other persons in the business of providing referrals to other service recipients, or ``(IV) other similar activities, or ``(iii) provides service under a business name which is registered with (or for which a license has been obtained from) a State, a political subdivision of a State, or any agency or instrumentality of 1 or more States or political subdivisions. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed, or the payor, and such contract provides that the individual will not be treated as an employee with respect to such services for purposes of this subtitle. ``(e) Special Rules.--For purposes of this section-- ``(1) If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of sections 6041(a), 6041A(a), or 6051 with respect to a service provider, then, unless such failure is due to reasonable cause and not willful neglect, this section shall not apply in determining whether such service provider shall not be treated as an employee of such service recipient or payor for such year. ``(2) If the service provider is performing services through an entity owned in whole or in part by such service provider, then the references to `service provider' in subsections (b) through (d) may include such entity, provided that the written contract referred to in paragraph (1) of subsection (d) may be with either the service provider or such entity and need not be with both. ``(f) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs service for another person. ``(2) Service recipient.--Except as provided in paragraph (5), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (5), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipients do not pay the service provider. ``(4) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to-- ``(A) the actual service performed by the service provider for the service recipients or for other persons for whom the service provider has performed similar service, or ``(B) the operation of the service provider's trade or business. ``(5) Exceptions.--The terms `service recipient' and `payor' do not include any entity which is owned in whole or in part by the service provider.'' (b) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Standards for determining whether individuals are not employees.'' (c) Effective Date.--The amendments made by this Act shall apply to services performed after December 31, 1998.

Summary: Independent Contractor Tax Simplification Act of 1998 - Amends the Internal Revenue Code to set forth standards for determining whether individual service providers are not employees.