SECTION 1. HOV FACILITIES. (a) In General.--Section 166 of title 23, United States Code, is amended to read as follows: ``Sec. 166. HOV facilities ``(a) Definitions.--In this section, the following definitions apply: ``(1) Alternative fuel vehicle.--The term `alternative fuel vehicle' means a dedicated vehicle that is operating solely on-- ``(A) methanol, denatured ethanol, or other alcohols; ``(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; ``(C) natural gas; ``(D) liquefied petroleum gas; ``(E) hydrogen; ``(F) fuels (except alcohol) derived from biological materials; ``(G) electricity (including electricity from solar energy); or ``(H) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10, Code of Federal Regulations (or successor regulations). ``(2) HOV facility.--The term `HOV facility' means a high occupancy vehicle facility. ``(3) Public transportation vehicle.--The term `public transportation vehicle' means a vehicle that-- ``(A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12141)) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and ``(B)(i) is owned or operated by a public entity; ``(ii) is operated under a contract with a public entity; or ``(iii) is operated pursuant to a license by the Secretary or a State agency to provide motorbus or school vehicle transportation services to the public. ``(4) State agency.-- ``(A) In general.--The term `State agency', as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility. ``(B) Inclusion.--The term `State agency' includes a State transportation department. ``(b) State Requirements.-- ``(1) Authority of state agencies.--A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility. ``(2) Occupancy requirement.--Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility. ``(c) Exceptions.-- ``(1) In general.--Notwithstanding the occupancy requirement of subsection (b)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility. ``(2) Motorcycles and bicycles.-- ``(A) In general.--Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility. ``(B) Safety exception.-- ``(i) In general.--A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification. ``(ii) Acceptance of certification.--The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment. ``(3) Public transportation vehicles.--The State agency may allow public transportation vehicles to use the HOV facility if the agency establishes-- ``(A) requirements for clearly identifying the vehicles; and ``(B) procedures for enforcing the restrictions on the use of the facility by the vehicles. ``(4) High occupancy toll vehicles.--The State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency-- ``(A) establishes a program that addresses how motorists can enroll and participate in the toll program; ``(B) develops, manages, and maintains a system that will automatically collect the toll; and ``(C) establishes policies and procedures-- ``(i) to manage the demand to use the facility by varying the toll amount that is charged; and ``(ii) to enforce violations of use of the facility. ``(5) Alternative fuel vehicles and new qualified plug-in electric drive motor vehicles.-- ``(A) Use of hov facilities.--For a period beginning not later than 1 year after the date of enactment of this section and ending on September 30, 2017, the State agency-- ``(i) may allow alternative fuel vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986), to use HOV facilities in the State; and ``(ii) shall establish procedures for use in enforcing the restrictions on that use of HOV facilities by those vehicles. ``(B) Existing programs and procedures.--The State agency shall-- ``(i) not later than 1 year after the date of enactment of this section, develop and publish in the Federal Register a plan for use in-- ``(I) revising the HOV facility programs and procedures of the State agency to ensure that those programs and procedures are in compliance with this section; and ``(II) notifying the public of any upcoming changes in vehicle eligibility for HOV facility usage; and ``(ii) not later than 3 years after the date of enactment of this section, update HOV facility programs and procedures in accordance with the plan described in clause (i). ``(d) Requirements Applicable to Tolls.-- ``(1) In general.--Notwithstanding sections 129 and 301, and except as provided in paragraph (2), tolls may be charged under subsection (c)(4). ``(2) Excess toll revenues.--If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under subsection (c)(4), the State, in the use of toll revenues under subsection (c)(4), shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. ``(e) HOV Facility Management, Operation, Monitoring, and Enforcement.-- ``(1) In general.--A State agency that allows vehicles to use a HOV facility under paragraph (4) or (5) of subsection (c) shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify that the agency will carry out the following responsibilities with respect to the facility: ``(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the HOV facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways and submitting to the Secretary annual reports of those impacts. ``(B) Establishing, managing, and supporting an enforcement program that ensures that the HOV facility is being operated in accordance with this section. ``(C) Limiting or discontinuing the use of the HOV facility by the vehicles, whenever the operation of the facility is degraded, that requires such a limitation or discontinuation of use to apply first to vehicles using the HOV facility under subsection (c)(4) before applying to vehicles using the HOV facility under subsection (c)(5). ``(2) Maintenance of operating performance.--A facility that has become degraded shall be brought back into compliance with the minimum average operating speed performance standard by not later than 180 days after the date on which the degradation is identified through changes to operation, including the following: ``(A) Increase the occupancy requirement for HOVs. ``(B) Increase the toll charged for vehicles allowed under subsection (b) to reduce demand. ``(C) Charge tolls to any class of vehicle allowed under subsection (b) that is not already subject to a toll. ``(D) Limit or discontinue allowing vehicles under subsection (b). ``(E) Increase the available capacity of the HOV facility. ``(3) Compliance.--If the State fails to bring a facility into compliance under paragraph (2), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. ``(4) Degraded facility.-- ``(A) Definition of minimum average operating speed.--In this paragraph, the term `minimum average operating speed' means less than 65 percent of the HOV facility rated speed limit. ``(B) Standard for determining degraded facility.-- For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the HOV facility are failing to maintain a minimum average operating speed 65 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).''. (b) Sense of Congress.--It is the sense of Congress that the Secretary and the States should provide additional incentives (including the use of high occupancy vehicle lanes on State highways and routes on the Interstate System) for the purchase and use of advanced technology and dedicated alternative fuel vehicles, which have been proven to minimize air emissions and decrease consumption of fossil fuels.

Summary: Revises state agency authority with respect to operation of high occupancy vehicle (HOV) facilities. Replaces the exception from general HOV restrictions for low emission and energy-efficient vehicles with one for alternative fuel vehicles and new qualified plug-in electric drive motor vehicles. Authorizes a state agency (including a state transportation department) with jurisdiction over the operation of an HOV facility to permit alternative fuel vehicles and new qualified plug-in electric drive motor vehicles to use HOV lane highways. Requires states to establish procedures for enforcing restrictions on such vehicles operating on HOV lane highways. Requires a state agency which collects tolls on HOV facilities for their use by vehicles not otherwise exempted from HOV restrictions to use excess toll revenues for certain highway projects, giving priority consideration to those for developing alternatives to single occupancy vehicle travel and projects for improving highway safety. Expresses the sense of Congress that the Secretary of Transportation and states should provide additional incentives (including the use of HOV lanes on state Interstate System highways and routes) for the purchase and use of advanced technology and dedicated alternative fuel vehicles.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Expatriate Health Coverage Clarification Act of 2014''. SEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA. (a) In General.--Subject to subsection (b), the provisions of (including any amendment made by) the Patient Protection and Affordable Care Act (Public Law 111-148) and of title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) shall not apply with respect to-- (1) expatriate health plans; (2) employers with respect to any such plans for which such employers are acting as plan sponsors; or (3) expatriate health insurance issuers with respect to coverage offered by such issuers under such plans. (b) Minimum Essential Coverage and Eligible Employer-Sponsored Plan.--For purposes of section 5000A(f) of the Internal Revenue Code of 1986, and any other section of the Internal Revenue Code of 1986 that incorporates the definition of minimum essential coverage provided under such section 5000A(f) by reference, coverage under an expatriate health plan shall be deemed to be minimum essential coverage under an eligible employer-sponsored plan as defined in paragraph (2) of such section. (c) Qualified Expatriates and Dependents Not United States Health Risk.-- (1) In general.--For purposes of section 9010 of the Patient Protection and Affordable Care Act (26 U.S.C. 4001 note prec.), for calendar years after 2014, a qualified expatriate (and any dependent of such individual) enrolled in an expatriate health plan shall not be considered a United States health risk. (2) Special rule for 2014.--The fee under section 9010 of such Act for calendar year 2014 with respect to any expatriate health insurance issuer shall be the amount which bears the same ratio to the fee amount determined by the Secretary of the Treasury with respect to such issuer under such section for such year (determined without regard to this paragraph) as-- (A) the amount of premiums taken into account under such section with respect to such issuer for such year, less the amount of premiums for expatriate health plans taken into account under such section with respect to such issuer for such year, bears to (B) the amount of premiums taken into account under such section with respect to such issuer for such year. (d) Definitions.--In this section: (1) Expatriate health insurance issuer.--The term ``expatriate health insurance issuer'' means a health insurance issuer that issues expatriate health plans. (2) Expatriate health plan.--The term ``expatriate health plan'' means a group health plan, health insurance coverage offered in connection with a group health plan, or health insurance coverage offered to a group of individuals described in paragraph (3)(B) (which may include dependents of such individuals) that meets each of the following standards: (A) Substantially all of the primary enrollees in such plan or coverage are qualified expatriates, with respect to such plan or coverage. In applying the previous sentence, an individual shall not be taken into account as a primary enrollee if the individual is not a national of the United States and resides in the country of which the individual is a citizen. (B) Substantially all of the benefits provided under the plan or coverage are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986. (C) The plan or coverage provides benefits for items and services, in excess of emergency care, furnished by health care providers-- (i) in the case of individuals described in paragraph (3)(A), in the country or countries in which the individual is present in connection with the individual's employment, and such other country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate; or (ii) in the case of individuals described in paragraph (3)(B), in the country or countries as the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, may designate. (D) In the case of an expatriate health plan that is a group health plan offered by a plan sponsor that-- (i) also offers a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan offered by that plan sponsor; or (ii) does not also offer a qualifying minimum value domestic group health plan, the plan sponsor reasonably believes that the benefits provided by the expatriate health plan are actuarially similar to, or better than, the benefits provided under a qualifying minimum value domestic group health plan. (E) If the plan or coverage provides dependent coverage of children, the plan or coverage makes such dependent coverage available for adult children until the adult child turns 26 years of age, unless such individual is the child of a child receiving dependent coverage. (F) The plan or coverage-- (i) is issued by an expatriate health plan issuer, or administered by an administrator, that maintains, with respect to such plan or coverage-- (I) network provider agreements with health care providers that are outside of the United States; and (II) call centers in more than one country and accepts calls from customers in multiple languages; and (ii) offers reimbursements for items or services under such plan or coverage in more than two currencies. (G) The plan or coverage, and the plan sponsor or expatriate health insurance issuer with respect to such plan or coverage, satisfies the provisions of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.), chapter 100 of the Internal Revenue Code of 1986, and part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), which would otherwise apply to such a plan or coverage, and sponsor or issuer, if not for the enactment of the Patient Protection and Affordable Care Act and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010. (3) Qualified expatriate.--The term ``qualified expatriate'' means any of the following individuals: (A) Workers.--An individual who is a participant in a group health plan, who is an alien residing outside the United States, a national of the United States, lawful permanent resident, or nonimmigrant for whom there is a good faith expectation by the plan sponsor of the plan that, in connection with the individual's employment, the individual is abroad for a total of not less than 180 days during any period of 12 consecutive months. (B) Other individuals abroad.--An individual, such as a student or religious missionary, who is abroad, and who is a member of a group determined appropriate by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. (4) Qualifying minimum value domestic group health plan.-- The term ``qualifying minimum value domestic group health plan'' means a group health plan that is offered in the United States that meets the following requirements: (A) Substantially all of the primary enrollees in the plan are not qualified expatriates, with respect to such plan. (B) Substantially all of the benefits provided under the plan are not excepted benefits described in section 9832(c) of the Internal Revenue Code of 1986. (C) The application of section 36B(c)(2)(C)(ii) of such Code to such plan would not prevent an employee eligible for coverage under such plan from being treated as eligible for minimum essential coverage for purposes of section 36B(c)(2)(B) of such Code. (5) Abroad.-- (A) United states nationals.-- (i) In general.--Except as provided in clause (ii), for purposes of applying paragraph (3) to a national of the United States, the term ``abroad'' means outside the 50 States, the District of Columbia, and Puerto Rico. (ii) Special rule.--For purposes of applying paragraph (3) to a national of the United States who resides in the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, or Guam, the term ``abroad'' means outside of the 50 States, the District of Columbia, Puerto Rico, and such territory or possession. (B) Foreign citizens.--For purposes of applying paragraph (3) to an individual who is not a national of the United States, the term ``abroad'' means outside of the country of which that individual is a citizen. (6) United states.--The term ``United States'' means the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam. (7) Miscellaneous terms.-- (A) Group health plan; health insurance coverage; health insurance issuer; plan sponsor.--The terms ``group health plan'', ``health insurance coverage'', ``health insurance issuer'', and ``plan sponsor'' have the meanings given those terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91), except that in applying such terms under this section the term ``health insurance issuer'' includes a foreign corporation which is predominantly engaged in an insurance business and which would be subject to tax under subchapter L of chapter 1 of the Internal Revenue Code of 1986 if it were a domestic corporation. (B) Foreign state; national of the united states; nonimmigrant; reside; lawful permanent resident.--The terms ``national of the United States'', and ``nonimmigrant'' have the meaning given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), the term ``reside'' means having a residence (within the meaning of such term in such section), and the term ``lawful permanent resident'' means an alien lawfully admitted for permanent residence (as defined in such section). Passed the House of Representatives April 29, 2014. Attest: KAREN L. HAAS, Clerk.

Summary: Expatriate Health Coverage Clarification Act of 2014 - Exempts expatriate health plans, employers acting as sponsors of such plans, and health insurance issuers providing coverage under such plans from the health care coverage requirements of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Deems expatriate health coverage to be minimum essential coverage for purposes of meeting the individual responsibility requirements of the Internal Revenue Code. Declares that a qualified expatriate (and any dependent) enrolled in an expatriate health plan shall not be considered a U.S. health risk for purposes of assessing the annual fee on health insurance providers that provide health coverage to any U.S. health risk for any year after 2014. Establishes a special rule for calculating the amount of this fee for calendar 2014. Defines a "qualified expatriate" as: (1) a participant in a group health plan who is an alien residing outside the United States, a U.S. national, a lawful permanent resident, or a nonimmigrant about whom there is a good faith expectation of being abroad, in connection with his or her employment, for at least 180 days in a 12-month period; or (2) an individual who is abroad as a member of a group determined appropriate by the Secretary of Health and Human Services (HHS).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy America Update Act''. SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT. (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) in paragraph (2) by striking ``or''; and (3) by inserting after paragraph (2) the following: ``(3) that when procuring rolling stock under this chapter-- ``(A) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and ``(B) final assembly of the rolling stock has occurred in the United States; or''. (b) Rule Reevaluation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review the regulations found in section 635.410 of title 23, Code of Federal Regulations, or any similar successor regulations, to determine whether manufactured products other than those containing steel and iron should be considered for the purposes of domestic content preferences. SEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION. (a) Auditing and Certification Modernization.-- (1) Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall-- (A) initiate a rulemaking to develop audit procedures for the agency to review offeror and recipient compliance with domestic content provisions; and (B) issue guidance on best practices for pre-award and post-delivery audits by recipients under section 5323(m) of title 49, United States Code. (2) In developing the guidance required under paragraph (1)(B), the Secretary shall consider best practices for-- (A) proper and sufficient documentation requests from bidders by recipients under section 5323(m) of such title to support certification of compliance; (B) proper and sufficient documentation requests from bidders by recipients under section 5323(m) of such title to support pre-award and post-delivery audits; (C) determining the timing and requirements for post-delivery audit; and (D) verifying the origin of supplier components and subcomponents. (b) Component Guidance.--Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking to further develop standards under section 5323(j) of title 49, United States Code, for measuring the percentage value of a component relative to the entire procurement. SEC. 4. RAIL BUY AMERICA MODERNIZATION. Section 24305(f) of title 49, United States Code, is amended by adding at the end the following: ``(5) Before seeking a waiver request under paragraph (4), Amtrak shall contract with the National Institute of Standards and Technology to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. Upon conclusion of the supplier scouting process for a particular component, material, or subcomponent, Amtrak shall submit to the Secretary a scouting report along with the waiver request. The Secretary shall consider the results of the supplier scouting before making a decision on Amtrak's waiver. If the Secretary decides to grant the waiver, the Secretary shall publish in the Federal Register a summary of the Scouting report and the reasons for the Secretary's decision.''. SEC. 5. FAA BUY AMERICA MODERNIZATION. Section 50101 of title 49, United States Code, is amended by adding at the end the following: ``(d) Supplier Scouting.--Before issuing a waiver under subsection (b), the Secretary shall-- ``(1) consult with the National Institute of Standards and Technology; and ``(2) begin a supplier scouting process for domestic suppliers that can provide for those compliant products for which a waiver will be sought. ``(e) Publication Required.--Upon conclusion of the supplier scouting process required under subsection (d)(2) for a particular component, material, or subcomponent, the Secretary make the results of the supplier scouting available to the public.''. SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED WITH PASSENGER FACILITY CHARGES. (a) In General.--Section 50101(a) of title 49, United States Code, is amended by inserting ``, and may approve a project under section 40117,'' before ``only if steel''. (b) Applicability.--The amendment made by subsection (b) shall apply to an application submitted pursuant to section 40177(c) of title 49, United States Code, after the date of enactment of this Act.

Summary: Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when: the cost of components and subcomponents produced in the United States is more than 60% of the cost of all components of the rolling stock; and final assembly of such rolling stock has occurred in the United States. The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States.


SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS ON PEER-TO-PEER NETWORKS. (a) In General.--Chapter 5 of title 17, United States Code, is amended by adding at the end the following new section: ``Sec. 514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer-to-peer computer networks ``(a) In General.--Notwithstanding any State or Federal statute or other law, and subject to the limitations set forth in subsections (b) and (c), a copyright owner shall not be liable in any criminal or civil action for disabling, interfering with, blocking, diverting, or otherwise impairing the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader. ``(b) Exceptions.--Subsection (a) shall not apply to a copyright owner in a case in which-- ``(1) in the course of taking an action permitted by subsection (a), the copyright owner-- ``(A) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work, or portion thereof, in which the copyright owner has an exclusive right granted under section 106, except as may be reasonably necessary to impair the distribution, display, performance, or reproduction of such a work, or portion thereof, in violation of any of the exclusive rights of the copyright owner under section 106; ``(B) causes economic loss to any person other than affected file traders; or ``(C) causes economic loss of more than $50.00 per impairment to the property of the affected file trader, other than economic loss involving computer files or data made available through a publicly accessible peer- to-peer file trading network that contain works in which the owner has an exclusive right granted under section 106; or ``(2) the copyright owner fails to comply with the requirements of subsection (c). ``(c) Notification Requirement.--(1) A copyright owner shall not be liable under subsection (a) for an act to which subsection (a) applies only if-- ``(A) the copyright owner has notified the Department of Justice, in such manner as the Attorney General shall specify, of the specific technologies the copyright owner intends to use to impair the unauthorized distribution, display, performance, or reproduction of the owner's copyrighted works over a publicly accessible peer-to-peer file trading network; and ``(B) the notification under paragraph (1) was made at least 7 days before the copyright owner engaged in the act. ``(2) At the request of an affected file trader or the assignee of an Internet Protocol address used by an affected file trader, a copyright owner shall provide notice to the affected file trader or assignee (as the case may be) of-- ``(A) the reason for impairing trading in the computer file or data containing the copyrighted work of the copyright owner; ``(B) the name and address of the copyright owner; and ``(C) the right of the affected file trader to bring an action described in subsection (d). ``(3) The notification by a copyright owner under paragraph (1) shall not be construed for any purpose as an admission of an unlawful act. ``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to the authority provided by subsection (a), a copyright owner knowingly and intentionally impairs the distribution, display, performance, or reproduction of a particular computer file or data, and has no reasonable basis to believe that such distribution, display, performance, or reproduction constitutes an infringement of copyright, and an affected file trader suffers economic loss in excess of $250 as a result of the act by the copyright owner, the affected file trader may seek compensation for such economic loss in accordance with the following: ``(A) The affected file trader may file a claim for such compensation with the Attorney General not later than 1 year after the date on which the claim accrues. The Attorney General shall, not later than 10 days after the claim is filed, serve notice of the claim on the copyright owner against whom the claim is brought, and shall investigate the claim. The claim shall be in writing under oath or affirmation and shall contain such information and be in such form as the Attorney General requires. The claim shall not be made public by the Attorney General. ``(B) If the Attorney General determines after such investigation that there is not reasonable cause to believe that the facts alleged in the claim are true, the Attorney General shall dismiss the claim and promptly notify the affected file trader and the copyright owner against whom the claim is brought of the Attorney General's action. ``(C) If the Attorney General determines after such investigation that there is reasonable cause to believe that the facts alleged in the claim are true, the Attorney General shall promptly notify the affected file trader and the copyright owner of the Attorney General's determination. ``(D) The Attorney General shall make the determination on reasonable cause as promptly as possible, but in no case later than 120 days after the date on which the claim is filed. ``(E) The affected file trader may seek compensation for the economic loss that is the subject of the claim, plus reasonable attorney's fees, in the appropriate United States district court by filing an action in such court-- ``(i) not later than 60 days after being notified of the Attorney General's determination under subparagraph (C); or ``(ii) if the Attorney General has not made a determination on the claim within the 120-day period specified in subparagraph (D), not later than 60 days after the end of that 120-day period. ``(2) The cause of action established by this subsection shall only be available as a remedy against impairing actions that would not be lawful but for subsection (a). ``(e) Suits by United States.--The Attorney General of the United States may seek injunctive relief in the appropriate United States district court to prevent a copyright owner from engaging in impairing activities that would not be lawful but for subsection (a) if that owner has engaged in a pattern or practice of impairing the distribution, display, performance, or reproduction of computer files or data without a reasonable basis to believe that infringement of copyright has occurred. ``(f) Construction With Other Statutes.--(1) Nothing in this section shall be construed as limiting the authority of a copyright owner to take any otherwise lawful action to enforce any of the exclusive rights granted by section 106. ``(2) Nothing in this section shall limit any remedies available to a person under section 1030 of title 18, or under any other State or Federal statute or any other law, against a copyright owner who fails to qualify for the protections afforded under subsection (a). ``(3) Actions taken by a copyright owner pursuant to subsection (a) shall not be considered by a court for any other purpose under this title, including in determining whether a particular use of a work is infringing. ``(g) Nondisclosure of Information.--Information contained in any notification under subsection (c)(1)(A) may not be made available to the public under section 552 of title 5. ``(h) Definitions.--In this section-- ``(1) the term `economic loss' means monetary costs only; ``(2) `peer-to-peer file trading network' means two or more computers which are connected by computer software that-- ``(A) is primarily designed to-- ``(i) enable the connected computers to transmit files or data to other connected computers; ``(ii) enable the connected computers to request the transmission of files or data from other connected computers; and ``(iii) enable the designation of files or data on the connected computers as available for transmission; and ``(B) does not permanently route all file or data inquiries or searches through a designated, central computer located in the United States; ``(3) a peer-to-peer file trading network is `publicly accessible' if-- ``(A) participation in the network is substantially open to the public; and ``(B) the network enables the transmission of computer files or data over the Internet or any other public network of computers; ``(4) the term `file trader' means an individual who is utilizing a publicly accessible, peer-to-peer file trading network to transmit, make available for transmission, or download computer files or data, or the owner of a computer that is connected to a publicly accessible, peer-to-peer file trading network and is engaged in the transmission of computer files or data through the peer-to-peer file trading network; ``(5) the term `distribution', in the case of a computer connected to a peer-to-peer file trading network, includes the placement of a computer file or data in an area of a computer that is accessible to other computers connected to the peer-to- peer file trading network; and ``(6) the term `copyright owner' means a legal or beneficial owner of an exclusive right under section 106 and any party authorized to act on the owner's behalf.''. (b) Conforming Amendment.--The table of sections for chapter 5 of title 17, United States Code, is amended by adding at the end the following new item: ``514. Remedies for infringement: use of technologies to prevent infringement of copyrighted works on peer- to-peer computer networks.''.

Summary: Amends Federal copyright law to protect a copyright owner from liability in any criminal or civil action for impairing, with appropriate technology, the unauthorized distribution, display, performance, or reproduction of his or her copyrighted work on a publicly accessible peer-to-peer file trading network, if such impairment does not, without authorization, alter, delete, or otherwise impair the integrity of any computer file or data residing on the computer of a file trader.Denies such liability protection to a copyright owner who does not comply with certain notification requirements or who: (1) impairs the availability within a publicly accessible peer-to-peer file trading network of a computer file or data that does not contain a work in which the owner has an exclusive copyright; (2) causes economic loss to any person other than affected file traders; or (3) causes other economic loss of more than $50.00 per impairment to the property of the affected file trader.Conditions a copyright owner's protection from liability upon seven-days' notice to the Department of Justice of the specific technologies intended for use to impair unauthorized distribution, display, performance, or reproduction of a copyrighted work. Requires notice as well, upon request, to an affected file trader or the assignee of an Internet Protocol address used by an affected file trader.Provides for a cause of action against a copyright owner for wrongful impairment, including an action by the Attorney General for injunctive relief in certain circumstances.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Research Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) Nearly 4 of 5 peer reviewed research projects deemed worthy of funding by the National Institutes of Health are not funded. (2) Less than 2 percent of the nearly one trillion dollars our Nation spends on health care is devoted to health research, while the defense industry spends 15 percent of its budget on research. (3) Public opinion surveys have shown that Americans want more Federal resources put into health research and support by having a portion of their health insurance premiums set aside for this purpose. (4) Ample evidence exists to demonstrate that health research has improved the quality of health care in the United States. Advances such as the development of vaccines, the cure of many childhood cancers, drugs that effectively treat a host of diseases and disorders, a process to protect our Nation's blood supply from the HIV virus, progress against cardiovascular disease including heart attack and stroke, and new strategies for the early detection and treatment of diseases such as colon, breast, and prostate cancer clearly demonstrates the benefits of health research. (5) Among the most effective methods to control health care costs are prevention and cure of disease and disability, thus, health research which holds the promise of cure and prevention of disease and disability is a critical component of any comprehensive health care reform plan. (6) The state of our Nation's research facilities at the National Institutes of Health and at universities is deteriorating significantly. Renovation and repair of these facilities are badly needed to maintain and improve the quality of research. (7) Because the Omnibus Budget Reconciliation Act of 1993 freezes discretionary spending for the next 5 years, the Nation's investment in health research through the National Institutes of Health is likely to decline in real terms unless corrective legislative action is taken. (8) A health research fund is needed to maintain our Nation's commitment to health research and to increase the percentage of approved projects which receive funding at the National Institutes of Health to at least 33 percent. SEC. 3. NATIONAL FUND FOR HEALTH RESEARCH. (a) Establishment.--There is established in the Treasury of the United States an account, to be known as the ``National Fund for Health Research'' (hereafter referred to in this section as the ``Fund''), consisting of such amounts as are transferred to the Fund under subsection (b) and any interest earned on investment of amounts in the Fund. (b) Transfers to Fund.-- (1) In general.--The Secretary of the Treasury shall transfer to the Fund an amount equal to the amounts designated under paragraph (2) and received in the Treasury. (2) Amounts.-- (A) In general.--With respect to each calendar year beginning with the first full calendar year during which a comprehensive health care reform program utilizing a regional and corporate health alliance structure has been implemented, each such alliance shall set aside and transfer to the Treasury of the United States the applicable amount under subparagraph (B) and under section 6097 of the Internal Revenue Code of 1986. (B) Applicable amount.--The applicable amount under this subparagraph with respect to a regional or corporate alliance shall be equal to-- (i) with respect to the first full calendar year described in subparagraph (A), .25 percent of all health premiums received by the alliance for such year; (ii) with respect to the second calendar year described in subparagraph (A), .50 percent of all health premiums received by the alliance for such year; (iii) with respect to the third calendar year described in subparagraph (A), .75 percent of all health premiums received by the alliance for such year; and (iv) with respect to the fourth and succeeding calendar years described in subparagraph (A), 1 percent of all health premiums received by the alliance for such year. (3) Designation of overpayments and contributions.-- (A) In general.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE NATIONAL FUND FOR HEALTH RESEARCH ``Sec. 6097. Amounts for the National Fund for Health Research. ``SEC. 6097. AMOUNTS FOR THE NATIONAL FUND FOR HEALTH RESEARCH. ``(a) In General.--Every individual (other than a nonresident alien) may designate that-- ``(1) a portion (not less than $1) of any overpayment of the tax imposed by chapter 1 for the taxable year, and ``(2) a cash contribution (not less than $1), be paid over to the National Fund for Health Research established under section 3 of the Health Research Act of 1994. In the case of a joint return of a husband and wife, each spouse may designate one-half of any such overpayment of tax (not less than $2). ``(b) Manner and Time of Designation.--Any designation under subsection (a) may be made with respect to any taxable year only at the time of filing the original return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made either on the 1st page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this section, any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last day prescribed for filing the return of tax imposed by chapter 1 (determined with regard to extensions) or, if later, the date the return is filed. ``(d) Designated Amounts Not Deductible.--No amount designated pursuant to subsection (a) shall be allowed as a deduction under section 170 or any other section for any taxable year. ``(e) Termination.--This section shall not apply to taxable years beginning in a calendar year after a determination by the Secretary that the sum of all designations under subsection (a) for taxable years beginning in the second and third calendar years preceding the calendar year is less than $5,000,000.''. (B) Clerical amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for the National Fund for Health Research.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after December 31, 1993. (c) Expenditures From Fund.-- (1) In general.--The Secretary of the Treasury shall pay annually, within 30 days after the President signs an appropriations Act for the Departments of Labor, Health and Human Services, and Education and related agencies, or by the end of the first quarter of the fiscal year, to the Secretary of Health and Human Services on behalf of the National Institutes of Health, an amount equal to the amount in the National Fund for Health Research at the time of such payment, to enable the Secretary to carry out the purpose of section 404F of the Public Health Service Act, less any administrative expenses which may be paid under paragraph (3). (2) Purposes for expenditures from fund.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following new section: ``SEC. 404F. EXPENDITURES FROM THE NATIONAL FUND FOR HEALTH RESEARCH. ``(a) In General.--From amounts received for any fiscal year from the National Fund for Health Research, the Secretary of Health and Human Services shall distribute-- ``(1) 2 percent of such amounts during any fiscal year to the Office of the Director of the National Institutes of Health to be allocated at the Director's discretion for the following activities: ``(A) for carrying out the responsibilities of the Office of the Director, National Institutes of Health, including the Office of Research on Women's Health and the Office of Research on Minority Health, the Office of Alternative Medicine and the Office of Rare Diseases Research; and ``(B) for construction and acquisition of equipment for or facilities of or used by the National Institutes of Health; ``(2) 2 percent of such amounts for transfer to the National Center for Research Resources to carry out section 1502 of the National Institutes of Health Revitalization Act of 1993 concerning Biomedical and Behavioral Research Facilities; ``(3) 1 percent of such amounts during any fiscal year for carrying out section 301 and part D of title IV with respect to health information communications; and ``(4) the remainder of such amounts during any fiscal year to member institutes of the National Institutes of Health and Centers in the same proportion to the total amount received under this section, as the amount of annual appropriations under appropriations Acts for each member institute and Centers for the fiscal year bears to the total amount of appropriations under appropriations Acts for all member institutes and Centers of the National Institutes of Health for the fiscal year. ``(b) Plans of Allocation.--The amounts transferred under subsection (a) shall be allocated by the Director of NIH or the various directors of the institutes and centers, as the case may be, pursuant to allocation plans developed by the various advisory councils to such directors, after consultation with such directors.''. (3) Administrative expenses.--Amounts in the National Fund for Health Research shall be available to pay the administrative expenses of the Department of the Treasury directly allocable to-- (A) modifying the individual income tax return forms to carry out section 6097 of the Internal Revenue Code of 1986; (B) carrying out this section with respect to such Fund; and (C) processing amounts received under this section and transferring such amounts to such Fund. (4) Trigger and release of fund monies.--No expenditures shall be made pursuant to section 3(c) during any fiscal year in which the annual amount appropriated for the National Institutes of Health is less than the amount so appropriated for the prior fiscal year. (d) Budget Enforcement.--Amounts contained in the National Fund for Health Research shall be excluded from, and shall not be taken into account for purposes of, any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985.

Summary: Health Research Act of 1994 - Establishes in the Treasury the National Fund for Health Research. Requires regional and corporate health alliances formed under a comprehensive health care reform program to set aside and transfer specified amounts each calendar year into the Fund. Amends the Internal Revenue Code to authorize individuals (other than nonresident aliens) to designate for payment into the Fund at least $1 of a cash contribution or of any tax overpayment made. Requires the Secretary of Health and Human Services to distribute specified amounts from the Fund for various health research activities of the National Institutes of Health and the National Center for Research Resources. Excludes Fund amounts from any budget enforcement procedures under the Congressional Budget Act of 1974 or the Balanced Budget Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).


SECTION 1. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, SURVIVING JOINT DEBTORS, AND PARENTS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim.--The term ``eligible victim'' means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible spouse.--The term ``eligible spouse'' means the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary. (4) Eligible surviving debtor.--The term ``eligible surviving debtor'' means an individual who owes a Federal student loan that is a consolidation loan that was used, jointly by that individual and an eligible victim, to repay the Federal student loans of that individual and of such eligible victim. (5) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- (A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or (B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of an eligible spouse; (B) the consolidation loan indebtedness of an eligible surviving debtor; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim, if the amount of such indebtedness with respect to such eligible victim may be reliably determined on the basis of records available to the lender; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim described in subsection (a)(5)(B). (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible spouses, eligible surviving debtors, and eligible parents under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans to the eligible spouses, eligible surviving debtors, and eligible parents as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001.

Summary: Amends the Higher Education Act of 1965 to direct the Secretary of Education to discharge or cancel the Federal student loan indebtedness of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Eating Healthy at School Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Information about school meal quality is vital to maximizing the national investment in the school meal programs established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) and for measuring the effectiveness of and compliance with Federal school meal standards. (2) Assessing compliance with Federal school meal standards will enhance child health and the nutritional quality of school meals, contribute to nutrition research and evaluation of the school meal programs, and improve oversight of the school meal programs. (3) According to the School Nutrition Dietary Assessment Study-III of the school meals served under the school meal programs in school year 2004-2005, the majority of schools offered breakfasts and lunches that met the standards for the recommended daily intake of key nutrients, such as vitamins A and C, calcium, protein, and iron, but that the majority of school lunches were still too high in fat, saturated fat, and sodium. (4) Reviews of the nutritional quality of school meals under the school meals initiative for healthy children (60 Fed. Reg. 31188 (1995)) assess only the lunches served in 1 school per school food authority every 5 years and do not include assessments of breakfasts served by schools participating in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) or compliance with nutrition standards for foods sold in schools outside of the school meal programs. (5) Reviews of school meals under the school meals initiative for healthy children are laborious for State child nutrition programs and local school food authorities. Simplified, less burdensome, and more effective approaches are needed. (6) The Institute of Medicine recommends changes to school meals to reflect the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). The recommendations for new meal requirements involve significant shifts in the approach of schools to menu planning and will likely require new mechanisms for monitoring meal quality. (7) Food of poor nutritional value sold in schools outside of the school meal programs can undermine the national investment in school meals. (8) Gaps in Federal requirements for program integrity reviews limit the ability to identify and address meal counting and claiming errors. (9) Program integrity reviews are not required for the school breakfast program. Twenty-one States reported to the Comptroller General of the United States that they do not review the school breakfast program. (10) The percentage of meal counting and claiming errors is higher in the school breakfast program than in the school lunch program. SEC. 3. COMPLIANCE AND ACCOUNTABILITY STUDY. (a) In General.--The Secretary of Agriculture shall conduct a study to-- (1) assess the effectiveness and efficiency of administrative review systems to ensure-- (A) each local educational agency participating in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) complies with the provisions of such Act, including the provisions with respect to nutrition, eligibility, meal counts, and claims for reimbursement; (B) each local educational agency participating in the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) complies with the provisions of such Act, including the provisions with respect to nutrition, eligibility, meal counts, and claims for reimbursement; and (C) each local educational agency described in subparagraphs (A) and (B) is accountable for the compliance described in such subparagraphs; (2) design and test alternative processes and procedures that may improve the effectiveness and efficiency of the administrative review systems described in paragraph (1), and determine the optimal frequency for carrying out reviews under such systems; and (3) identify any alternative processes and procedures for establishing a more effective and efficient administrative review system which-- (A) reflect the results of tests of alternative processes and procedures conducted pursuant to paragraph (2); and (B) consider the practicality of implementing such alternative processes and procedures, including the cost and burden of implementation that would be imposed on local school food authorities, local educational agencies, and State educational agencies. (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that describes the results and recommendations of the study conducted pursuant to subsection (a). (c) Regulations.--The Secretary of Agriculture may prescribe regulations as may be necessary to implement the processes or procedures identified pursuant to subsection (a)(3) for establishing an effective and efficient administrative review system. (d) Funding.-- (1) In general.--Upon the date of the enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture $3,500,000 to carry out this section, to remain available until expended. (2) Receipt and acceptance.--The Secretary of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.

Summary: Eating Healthy at School Act of 2010 - Directs the Secretary of Agriculture to study and report to Congress on: (1) the effectiveness and efficiency of administrative review systems in holding local educational agencies accountable for complying with the requirements of the school lunch and breakfast programs; (2) the design and test of alternative processes and procedures that may improve the effectiveness and efficiency of such systems; and (3) any such alternative processes and procedures that reflect the results of such tests, and consider the practicality of implementation. Authorizes the Secretary to prescribe the regulations necessary to implement such alternative processes or procedures.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Exclusion and Asylum Reform Amendments of 1993''. SEC. 2. ADMISSIONS FRAUD. (a) Exclusion for Fraudulent Documents and Failure To Present Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended-- (1) by striking ``(C) Misrepresentation'' and inserting in lieu thereof the following: ``(C) Fraud, misrepresentation, and failure to present documents''; (2) by adding at the end the following new clause: ``(iii) Fraudulent documents and failure to present documents.-- ``(I) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which, in the determination of the immigration officer, is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, is excludable. ``(II) Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document that relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, is excludable.''. (b) Availability of Asylum and Other Discretionary Relief.-- (1) Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsection: ``(e)(1) Application of Fraud Exclusion.--Notwithstanding subsection (a) and except as provided in paragraph (2), any alien who is excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i) may not apply for or be granted asylum. ``(2) Exception.--The limitation under paragraph (1) shall not apply if the action upon which the exclusion is based was pursuant to direct departure from a country in which (A) the alien has a credible fear of persecution, or (B) there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(3) Definition.--As used in this subsection, the term `credible fear of persecution' means (A) that it is more probable than not that the statements made by the alien in support of his or her claim are true, and (B) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer about country conditions, that the alien could establish eligibility as a refugee within the meaning of section 101(a)(42)(A).''. (2) Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended in the third sentence by inserting before the period ``or to any alien who is excludable pursuant to section 212(a)(6)(C)(iii)''. SEC. 3. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended to read as follows: ``(b) Inspection and Exclusion by Immigration Officers.-- ``(1) An immigration officer shall inspect each alien who is seeking entry to the United States. ``(2)(A) If the examining immigration officer determines that an alien seeking entry-- ``(i)(I) is excludable under section 212(a)(6)(C)(iii), or ``(II) is excludable under section 212(a)(7)(A)(i), ``(ii) does not have any reasonable basis for legal entry into the United States, and ``(iii) does not indicate an intention to apply for asylum under section 208, the alien shall be specially excluded from entry into the United States without a hearing. ``(B) The examining immigration officer shall refer to an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, any alien who is (i) excludable under section 212(a)(6)(C)(iii) or section 212(a)(7)(A) (i) and (ii) who has indicated an intention to apply for asylum. Such an alien shall not be considered to have entered the United States for purposes of this Act. ``(C) An alien under subparagraph (B) who is determined by an immigration officer, specially trained to conduct interviews and make determinations bearing on eligibility for asylum, to be excludable and ineligible for the exception under section 208(e)(2), shall be specially excluded and deported from the United States without further hearing. ``(3)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before an immigration judge. ``(B) The provisions of subparagraph (A) shall not apply-- ``(i) to an alien crewman, ``(ii) to an alien described in paragraph (2)(A) or (2)(C), or ``(iii) if the conditions described in section 273(d) exist. ``(4) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien, whose privilege to enter is so challenged, before an immigration judge for a hearing on exclusion of the alien. ``(5) The Attorney General shall establish procedures that ensure that aliens are not specially excluded under paragraph (2)(A) without an inquiry into their reasons for seeking entry into the United States. ``(6)(A) Subject to subparagraph (B), an alien has not entered the United States for purposes of this Act unless and until such alien has been inspected and admitted by an immigration officer pursuant to this subsection. ``(B) An alien who (i) is physically present in the United States, (ii) has been physically present in the United States for a continuous period of one year, and (iii) has not been inspected and admitted by an immigration officer may be said to have entered the United States without inspection. Such an alien is subject to deportation pursuant to section 241(a)(1)(B).''. SEC. 4. JUDICIAL REVIEW. Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) (as amended by section 3) is amended by adding after subsection (c) the following new subsections: ``(d) Habeas Corpus Review.--Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i). In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (1) is an alien, and (2) was ordered excluded from the United States pursuant to section 235(b)(2). ``(e) Other Limits on Judicial Review and Action.--Notwithstanding any other provision of law, no court shall have jurisdiction (1) to review the procedures established by the Attorney General for the determination of exclusion pursuant to section 212(a)(6)(C)(iii) or section 212(a)(7)(A)(i), or (2) to enter declaratory or injunctive relief with respect to the implementation of subsection (b)(2). Regardless of the nature of the suit or claim, no court shall have jurisdiction except by habeas corpus petition as provided in subsection (d) to consider the validity of any adjudication or determination of special exclusion or to provide declaratory or injunctive relief with respect to the special exclusion of any alien. ``(f) Collateral Enforcement Proceedings.--In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under sections 235, 236, and 242.''. SEC. 5. CONFORMING AMENDMENTS. Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended-- (1) in the second sentence of paragraph (1) by striking out ``Deportation'' and inserting in lieu thereof ``Subject to section 235(b)(2), deportation''; and (2) in the first sentence of paragraph (2) by striking out ``If'' and inserting in lieu thereof ``Subject to section 235(b)(2), if''. SEC. 6. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING. Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by striking ``five years'' and inserting ``ten years''. SEC. 7. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to aliens who arrive in or seek admission to the United States on or after such date.

Summary: Exclusion and Asylum Reform Amendments of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) there is a 12-percent Federal retail excise tax on certain new heavy trucks, tractors, and trailers, coupled with new regulatory mandates, significantly increasing the cost of new heavy-duty trucks, tractors, and trailers, and discourages the replacement of older, less environmentally clean and less fuel economical vehicles; (2) this 12-percent Federal retail excise tax is the highest percentage rate of any Federal ad valorem excise tax; (3) the Federal excise tax was first levied by Congress in 1917 to help finance America's involvement in World War I; (4) in 2016, the average manufacturer suggested retail price for heavy trucks was over $175,921; (5) the 12-percent Federal retail excise tax routinely adds between $12,000 and $22,000 to the cost of a heavy truck, tractor, or trailer; (6) the average in-use, heavy truck is 9.5 years old, close to the historical all-time high; (7) the Environmental Protection Agency's model year 2002- 2010 tailpipe emissions rules account for $20,000 of the average price of today's new heavy-duty trucks; (8) according to the 2011 Environmental Protection Agency and National Highway Traffic Safety Administration Regulatory Impact Analysis entitled ``Final Rulemaking to Establish Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles'', model year 2014-2018 EPA-Department of Transportation fuel economy rules will add up to approximately $6,683 to the price of new heavy-duty trucks; (9) according to the 2016 Environmental Protection Agency and National Highway Traffic Safety Administration Final Rule entitled ``Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium and Heavy-Duty Engines and Vehicles--Phase 2'', model year 2021-2027 fuel economy rules will add up to approximately $12,500 to the price of new heavy-duty trucks; (10) the $39,183 average per truck cost of these regulatory mandates results in an additional $4,700 Federal excise tax, on average; (11) since the Federal retail excise tax on certain new heavy trucks, tractors, and trailers is based on annual sales, receipts from the tax deposited in the Highway Trust Fund can vary greatly; and (12) Congress should consider a more reliable and consistent revenue mechanism to protect the Highway Trust Fund. SEC. 3. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS. (a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is amended by striking subchapter C (and by striking the item relating to such subchapter from the table of subchapters for such chapter). (b) Conforming Amendments.-- (1) Section 4072(c) of such Code is amended to read as follows: ``(c) Tires of the Type Used on Highway Vehicles.-- ``(1) In general.--For purposes of this part, the term `tires of the type used on highway vehicles' means tires of the type used on-- ``(A) motor vehicles which are highway vehicles, or ``(B) vehicles of the type used in connection with motor vehicles which are highway vehicles. ``(2) Exception for mobile machinery.-- ``(A) In general.--Such term shall not include tires of a type used exclusively on mobile machinery. ``(B) Mobile machinery.--For purposes of subparagraph (A), the term `mobile machinery' means any vehicle which consists of a chassis-- ``(i) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, ``(ii) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and ``(iii) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis.''. (2) Section 4221 of such Code is amended-- (A) by striking ``4051 or'' in subsection (a), and (B) by striking ``and in the case of any article sold free of tax under section 4053(6),'' in subsection (c). (3) Section 4222(d) of such Code is amended by striking ``4053(6),''. (4) Section 4293 of such Code is amended by striking ``section 4051,''. (5) Section 6416(b)(2) of such Code is amended by striking ``or under section 4051''. (6) Section 6416(b) of such Code is amended by striking paragraph (6). (7) Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (c) Effective Date.--The amendments made by this section shall apply to sales and installations on or after the date of the introduction of this Act.

Summary: Heavy Truck, Tractor, and Trailer Retail Federal Excise Tax Repeal Act of 2017 This bill amends the Internal Revenue Code to repeal the 12% excise tax on the retail sale of heavy trucks and trailers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Employer Tax Credit Act of 2001''. SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve force participation credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.'' (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve force participation credit determined under section 45E(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Reserve force participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act. SEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES. (a) In General.--Paragraph (2) of section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by part VI (section 161 and following) which consist of-- ``(i) expenses of travel, meals, and lodging while away from home, and ``(ii) expenses of transportation, paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (b) Two Percent Floor on Itemized Deductions Not To Apply.-- Subsection (b) of section 67 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deductions under part VI (section 161 and following) for expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (c) 50-Percent Ceiling on Deduction for Meal and Entertainment, Etc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such Code is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, or'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) any expense in connection with the performance of services by the taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.

Summary: Reserve Employer Tax Credit Act of 2001 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; (2) a comparable credit for participating self-employed individuals; and (3) for the deduction of certain expenses paid or incurred by members of a Reserve component of the armed forces.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Life-Saving New Therapies for Neonates Act of 2015''. SEC. 2. PROMOTING THE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by inserting after section 529 the following: ``SEC. 530. EXCLUSIVITY TO ENCOURAGE DEVELOPMENT OF SAFE AND EFFECTIVE THERAPIES FOR NEONATES. ``(a) Definitions.--In this section: ``(1) Neonatal drug.--The term `neonatal drug' means a drug for the prevention or treatment of a disease or condition of a preterm or full-term neonate. ``(2) Neonatal drug application.--The term `neonatal drug application' means a human drug application, as defined in section 735(1), that-- ``(A) is for a drug or biological product-- ``(i) that is for the prevention or treatment of a disease or condition listed on the Priority List of Critical Needs for Neonates described in subsection (c); and ``(ii) that contains no active ingredient (including any ester or salt of the active ingredient) that has been previously approved in any other application under section 505(b)(1), 505(b)(2), or 505(j) of this Act or section 351(a) or 351(k) of the Public Health Service Act; ``(B) is submitted under section 505(b)(1) of this Act or section 351(a) of the Public Health Service Act; ``(C) the Secretary determines to be eligible for a neonatal drug exclusivity voucher, in accordance with subsection (b); ``(D) relies on clinical data derived from studies examining a neonatal population and dosages of the drug intended for that population; and ``(E) is approved after the date of the enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015. ``(3) Neonatal drug exclusivity voucher.--The term `neonatal drug exclusivity voucher' means a voucher issued by the Secretary to the sponsor of a neonatal drug application that entitles the holder of such voucher to one year of transferable extension of all existing patents and marketing exclusivities, including any extensions, for a single human drug with respect to an application submitted under section 505(b)(1) or for a single human biologic product with respect to an application submitted under section 351(a) of the Public Health Service Act, including the 6-month period described in section 505A, the 4- and 5-year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, the 7-year period described in section 527, the 5-year period described in section 505E, and the 12-year period described in section 351(k)(7). ``(b) Neonatal Drug Exclusivity Voucher.-- ``(1) In general.--The Secretary shall award a neonatal drug exclusivity voucher to the sponsor of a neonatal drug application upon approval by the Secretary of such neonatal drug application. ``(2) Transferability.-- ``(A) In general.--The sponsor of a neonatal drug application that receives a neonatal drug exclusivity voucher under this section may transfer (including by sale) the voucher to a sponsor of a human drug for which an application under section 505(b)(1) or section 351 of the Public Health Service Act has been approved, will be submitted, or has been submitted. ``(B) Nontransferability.--A neonatal exclusivity voucher may not be transferred to, or used for, a drug with respect to which all patents and exclusivities have expired as of the date of the transfer. ``(C) Notification of transfer.--Each person to whom a voucher is transferred shall notify the Secretary of such change in ownership of the voucher not later than 30 calendar days after such transfer. ``(D) Prohibition on additional fees.--The Secretary shall not apply a fee for the exercise of a voucher under this section. The preceding sentence shall not affect the authority of the Secretary to apply fees with respect to a neonatal drug application that are otherwise applicable under law. ``(E) Revocation of voucher.--The Secretary may revoke any neonatal exclusivity voucher if the neonatal drug product for which such voucher was awarded is not marketed in the United States within the 365-day period beginning on the date of the approval of such drug under section 505 of this Act or section 351 of the Public Health Service Act. ``(3) Limitations.-- ``(A) No award for prior approved application.--A sponsor of a neonatal drug may not receive a voucher under this section if the neonatal drug application was submitted to the Secretary prior to the date of enactment of this section. ``(B) Required pediatric research.--The Secretary shall limit grants of exclusivity under this section to drugs that are not required to complete neonatal studies under section 505B. ``(C) No combining vouchers.--A sponsor may not use a neonatal exclusivity voucher on a product for which the sponsor also intends to use a voucher obtained or purchased pursuant to section 524 or section 529. ``(4) Notification of intent to use voucher.-- ``(A) Notification by sponsor.--The sponsor of a human drug application intending to use a voucher awarded or transferred under this section shall notify the Secretary not later than 15 months prior to loss of patent and exclusivities on the drug for which the voucher will be redeemed, in such form as the Secretary may require. ``(B) Notification by secretary.--Within 30 calendar days of such notification to the Secretary, the Secretary shall notify the sponsor of its eligibility to redeem a voucher for the intended drug. ``(c) Priority List of Critical Needs for Neonates.-- ``(1) In general.--The Secretary, in consultation with the Pediatric Advisory Committee, the National Institutes of Health, the International Neonatal Consortium sponsored by Critical Path Institute, and other stakeholders, shall, within one year of the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015-- ``(A) develop and publish a list of critical research priorities related to specific diseases or conditions common to the neonatal population (referred to as the `Priority List of Critical Needs for Neonates'); ``(B) issue guidance specific to the neonatal drug exclusivity voucher program; and ``(C) perform other activities necessary to support neonatal drug applications. ``(2) Public comment.--The Secretary shall provide a period of public notice and comment on the proposed list and shall hold public meetings to elicit input from patient advocacy and other organizations prior to publishing the final list. ``(3) Subsequent update.--The Secretary may revise, and publish in accordance with paragraph (1)(A), the Priority List of Critical Needs for Neonates every 3 years, or as frequently as the Secretary determines necessary. ``(4) Restriction on removal from list.--No disease or condition on the Priority List of Critical Needs for Neonates may be removed until after completion of the study and report under subsection (d). ``(d) GAO Study and Report.-- ``(1) Study.-- ``(A) In general.--Beginning 8 years after the date of enactment of the Promoting Life-Saving New Therapies for Neonates Act of 2015 or on the date that the Secretary awards the third neonatal exclusivity voucher under this section, whichever is earlier, the Comptroller General of the United States shall conduct a study of the effectiveness of the program under this section for the development of human drugs to treat and prevent diseases or conditions in the neonatal population. ``(B) Contents of the study.--In conducting the study under subparagraph (A), the Comptroller General shall examine the following: ``(i) The number of neonatal drug vouchers awarded under this section. ``(ii) The indications for each drug for which a neonatal exclusivity voucher was approved under section 505 or section 351 of the Public Health Service Act, and whether any other drugs with indications for populations other than neonates were approved with an indication for neonates under those sections. ``(iii) Whether, and to what extent, an unmet need related to the treatment or prevention of a disease or condition that affects the neonatal population was met through the approval of a neonatal drug. ``(iv) The value of the neonatal exclusivity voucher if transferred. ``(v) Identification of each drug for which a neonatal exclusivity voucher was used. ``(vi) The length of the period of time between the date on which a neonatal exclusivity voucher was awarded and the date on which it was used. ``(2) Report.--Not later than 1 year after the date under paragraph (1)(A), the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report containing the results of the study under paragraph (1).''.

Summary: Promoting Life-Saving New Therapies for Neonates Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to award the sponsor of a new drug or biological product for the treatment of newborns a neonatal drug exclusivity voucher upon approval of the medication. A neonatal drug exclusivity voucher is a transferable voucher for a one-year extension of all existing patents and marketing exclusivities for a brand name medication. For a sponsor to be eligible for a voucher, the new medication must: (1) treat a condition identified in the Priority List of Critical Needs for Neonates required under this Act, and (2) have been studied in newborns. A voucher may be revoked if the new medication is not marketed in the United States within one year of approval. A voucher may not be used: (1) to extend the marketing exclusivity period for a drug for which the FDA requires an assessment of the safety and effectiveness in newborns, or (2) on the same product as a priority review voucher. A sponsor intending to use a voucher must notify the FDA at least 15 months before the expiration of the patents or exclusivity to be extended. The Government Accountability Office must study the effectiveness of this voucher program.