SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Americans Working Act''. SEC. 2. PURPOSE. The purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. SEC. 3. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) In General.--Section 3306 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(v) Short-time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not expected to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) beginning on the date which is 2 years after the date of enactment of this subsection, the State agency shall require an employer to certify that continuation of health benefits and retirement benefits under a defined benefit pension plan (as defined in section 3(35) of the Employee Retirement Income Security Act of 1974) is not affected by participation in the program; ``(8) the State agency shall require an employer (or an employer's association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; ``(9) in the case of employees represented by a union, the appropriate official of the union has agreed to the terms of the employer's written plan and implementation is consistent with employer obligations under the National Labor Relations Act; and ``(10) the program meets such other requirements as the Secretary of Labor determines appropriate.''. (b) Assistance and Guidance in Implementing Programs.-- (1) Assistance and guidance.-- (A) In general.--In order to assist States in establishing, qualifying, and implementing short-time compensation programs, as defined in section 3306(v) of the Internal Revenue Code of 1986 (as added by subsection (a)), the Secretary of Labor (in this section referred to as the ``Secretary'') shall-- (i) develop model legislative language which may be used by States in developing and enacting short-time compensation programs and shall periodically review and revise such model legislative language; (ii) provide technical assistance and guidance in developing, enacting, and implementing such programs; (iii) establish biannual reporting requirements for States, including number of averted layoffs, number of participating companies and workers, and retention of employees following participation; and (iv) award start-up grants to State agencies under subparagraph (B). (B) Grants.-- (i) In general.--The Secretary shall award start-up grants to State agencies that apply not later than September 30, 2010, in States that enact short-time compensation programs after the date of enactment of this Act for the purpose of creating such programs. The amount of such grants shall be awarded depending on the costs of implementing such programs. (ii) Eligibility.--In order to receive a grant under clause (i) a State agency shall meet requirements established by the Secretary, including any reporting requirements under clause (iii). Each State agency shall be eligible to receive not more than one such grant. (iii) Reporting.--The Secretary may establish reporting requirements for State agencies receiving a grant under clause (i) in order to provide oversight of grant funds used by States for the creation of short-time compensation programs. (iv) Funding.--There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, such sums as the Secretary certifies as necessary for the period of fiscal years 2010 and 2011 to carry out this subparagraph. (2) Timeframe.--The initial model legislative language referred to in paragraph (1)(A) shall be developed not later than 60 days after the date of enactment of this Act. (c) Reports.-- (1) Initial report.--Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to Congress and to the President a report or reports on the implementation of this section. Such report or reports shall include-- (A) a study of short-time compensation programs; (B) an analysis of the significant impediments to State enactment and creation of such programs; and (C) such recommendations as the Secretary determines appropriate. (2) Subsequent reports.--After the submission of the report under paragraph (1), the Secretary may submit such additional reports on the implementation of short-time compensation programs as the Secretary deems appropriate. (3) Funding.--There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, $1,500,000 to carry out this subsection, to remain available without fiscal year limitation. (d) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Subparagraph (E) of section 3304(a)(4) of the Internal Revenue Code of 1986 is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v));''. (B) Subsection (f) of section 3306 of the Internal Revenue Code of 1986 is amended-- (i) by striking paragraph (5) (relating to short-term compensation) and inserting the following new paragraph: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined in subsection (v));'', and (ii) by redesignating paragraph (5) (relating to self-employment assistance program) as paragraph (6). (2) Social security act.--Section 303(a)(5) of the Social Security Act is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986)''. (3) Repeal.--Subsections (b) through (d) of section 401 of the Unemployment Compensation Amendments of 1992 (26 U.S.C. 3304 note) are repealed. (e) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION PROGRAMS. (a) Payments to States With Certified Programs.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall make payments to any State unemployment trust fund to be used for the payment of unemployment compensation if the Secretary approves an application for certification submitted under paragraph (3) for such State to operate a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986 (as added by section 3(a))) which requires the maintenance of health and retirement employee benefits as described in paragraph (7) of such section 3306(v), notwithstanding the otherwise effective date of such requirement. (2) Full reimbursement.--Subject to subsection (d), the payment to a State under paragraph (1) shall be an amount equal to 100 percent of the total amount of benefits paid to individuals by the State pursuant to the short-time compensation program during the period-- (A) beginning on the date a certification is issued by the Secretary with respect to such program; and (B) ending on September 30, 2011. (3) Certification requirements.-- (A) In general.--Any State seeking full reimbursement under this subsection shall submit an application for certification at such time, in such manner, and complete with such information as the Secretary may require (whether by regulation or otherwise), including information relating to compliance with the requirements of paragraph (7) of such section 3306(v). The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary's findings with respect to the requirements of such paragraph (7). (B) Findings.--If the Secretary finds that the short-time compensation program operated by the State meets the requirements of such paragraph (7), the Secretary shall certify such State's short-time compensation program thereby making such State eligible for full reimbursement under this subsection. (b) Timing of Application Submittals.--No application under subsection (a)(3) may be considered if submitted before the date of enactment of this Act or after the latest date necessary (as specified by the Secretary) to ensure that all payments under this section are made before September 30, 2011. (c) Terms of Payments.--Payments made to a State under subsection (a)(1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary's estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (d) Limitations.-- (1) General payment limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State pursuant to a short-time compensation program that is in excess of 26 weeks of benefits. (2) Employer limitations.--No payments shall be made to a State under this section for benefits paid to an individual by the State pursuant to a short-time compensation program if such individual is employed by an employer-- (A) whose workforce during the 3 months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20 percent; (B) on a seasonal, temporary, or intermittent basis; or (C) engaged in a labor dispute. (3) Program payment limitation.--In making any payments to a State under this section pursuant to a short-time compensation program, the Secretary may limit the frequency of employer participation in such program. (e) Charging Rule.--Under a short-time compensation program reimbursed under this section, a State may require short-time compensation benefits paid to an individual to be charged to a participating employer regardless of the base period charging rule. (f) Retention Requirement.-- (1) In general.--A participating employer under this section is required to comply with the terms of the written plan approved by the State agency and act in good faith to retain participating employees, and the State shall, in the event of any violation, require such employer to repay to the State a sum based on the amount expended by the State under the program as a result of that violation. (2) Oversight and monitoring.--The Secretary shall establish an oversight and monitoring process by regulation by which State agencies will ensure that participating employers comply with the requirements of paragraph (1). (3) Penalty remittance.--In the case of any State which receives reimbursement under this section, if such State determines that a violation of paragraph (1) has occurred, the State shall transfer an appropriate amount to the United States of the repayment the State required of the employer pursuant to such paragraph. (g) Funding.--There are appropriated, from time to time, out of any moneys in the Treasury not otherwise appropriated, to the Secretary, such sums as the Secretary certifies are necessary to carry out this section (including to reimburse any additional administrative expenses incurred by the States in operating such short-time compensation programs). (h) Definition of State.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

Summary: Keep Americans Working Act - Declares that the purpose of this Act is to keep Americans working by strengthening and expanding short-time compensation programs that provide employers with an alternative to layoffs. Requires the Secretary of Labor to: (1) provide guidance to states in enacting short-term compensation programs; and (2) award start-up grants to state agencies in states that have enacted programs and meet certain requirements. Amends the Internal Revenue Code to define "short-time compensation program" as one in which: (1) participation of an employer is voluntary; (2) an employer reduces the number of hours worked by employees through certifying that such reductions are in lieu of temporary layoffs; (3) an employee whose workweek that has been reduced by at least 10% is eligible for unemployment compensation; (4) an eligible employee may participate in an employer-sponsored job skills training program; and (5) an employer is required to certify that continuation of employee health and retirement benefits will not be affected by participation in the program. Directs the Secretary to make payments to a state's unemployment compensation trust fund for the payment of unemployment compensation if the Secretary approves a state's application for certification to operate a short-time compensation program that requires the maintenance of health and retirement employee benefits.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Fairness for Seniors Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Manufacturers of prescription drugs engage in price discrimination practices that compel many older Americans to pay substantially more for prescription drugs than the drug manufacturers' most favored customers, such as health insurers, health maintenance organizations, and the Federal Government. (2) On average, older Americans who buy their own prescription drugs pay twice as much for prescription drugs as the drug manufacturers' most favored customers. In some cases, older Americans pay over 15 times more for prescription drugs than the most favored customers. (3) The discriminatory pricing by major drug manufacturers sustains their annual profits of $20,000,000,000, but causes financial hardship and impairs the health and well-being of millions of older Americans. More than one in eight older Americans are forced to choose between buying their food and buying their medicines. (4) Most federally funded health care programs, including Medicaid, the Veterans Health Administration, the Public Health Service, and the Indian Health Service, obtain prescription drugs for their beneficiaries at low prices. Medicare beneficiaries are denied this benefit and cannot obtain their prescription drugs at the favorable prices available to other federally funded health care programs. (5) It has been estimated that implementation of the policy set forth in this Act will reduce prescription prices for Medicare beneficiaries by more than 40 percent. (6) In addition to substantially lowering health care costs for older Americans, implementation of the policy set forth in this Act will significantly improve the health and well-being of older Americans and lower the costs to the Federal taxpayer of the Medicare program. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices, by allowing pharmacies to purchase drugs for Medicare beneficiaries at the substantially reduced price available under the Federal Supply Schedule. SEC. 3. MEDICARE BENEFICIARY DRUG BENEFIT CARD. The Secretary of Health and Human Services shall furnish to each Medicare beneficiary a drug benefit card that enables the beneficiary to purchase covered prescription drugs from participating pharmacies at reduced prices pursuant to section 4. SEC. 4. PARTICIPATING PHARMACIES. (a) Agreements to Participate.--Any qualified pharmacy may enter into an agreement with the Secretary that enables the pharmacy to sell covered outpatient drugs to holders of Medicare drug benefit cards at a reduced price, by authorizing the pharmacy to operate as a participating pharmacy under this Act. (b) Right of Participating Pharmacies To Obtain Drugs.--An agreement under this section shall entitle the participating pharmacy to purchase any covered outpatient drug that is listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug determined under subsection (d). (c) Quantity of Drugs Purchased.--An agreement under this section shall permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as is sold by the pharmacy to holders of Medicare drug benefit cards. (d) Participating Pharmacy Discount Price.-- (1) In general.--The Secretary shall determine a participating pharmacy discount price for each covered outpatient drug. (2) Determination.--The participating pharmacy discount price for a covered outpatient drug shall be determined by adding-- (A) the price at which the drug is available to Federal agencies from the Federal Supply Schedule under section 8126 of title 38, United States Code; plus (B) an amount that reflects the administrative costs incurred by the Secretary in administering this Act. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness. (b) Regulations.--The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers; and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 7. DEFINITIONS. In this Act: (1) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (2) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (3) Medicare drug benefit card.--The term ``Medicare drug benefit card'' means such a card issued under section 3. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 8. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States.

Summary: Prescription Drug Fairness for Seniors Act of 1998 - Directs the Secretary of Health and Human Services to furnish each Medicare beneficiary under title XVIII of the Social Security Act with a drug benefit card enabling the beneficiary to purchase covered outpatient prescription drugs listed on the Federal Supply Schedule from participating pharmacies at reduced prices.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC. (a) Short Title.--This Act may be cited as the ``Energy Freedom and Economic Prosperity Act''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; etc. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 102. Early termination of credit for qualified fuel cell motor vehicles. Sec. 103. Early termination of new qualified plug-in electric drive motor vehicles. Sec. 104. Repeal of alternative fuel vehicle refueling property credit. Sec. 105. Repeal of credit for alcohol used as fuel. Sec. 106. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 107. Repeal of enhanced oil recovery credit. Sec. 108. Termination of credit for electricity produced from certain renewable resources. Sec. 109. Repeal of credit for producing oil and gas from marginal wells. Sec. 110. Termination of credit for production from advanced nuclear power facilities. Sec. 111. Repeal of credit for carbon dioxide sequestration. Sec. 112. Termination of energy credit. Sec. 113. Repeal of qualifying advanced coal project. Sec. 114. Repeal of qualifying gasification project credit. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE Sec. 201. Corporate income tax rate reduced. TITLE I--REPEAL OF ENERGY TAX SUBSIDIES SEC. 101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES. (a) In General.--Section 6426 is repealed. (b) Conforming Amendments.-- (1) Paragraph (1) of section 4101(a) is amended by striking ``or alcohol (as defined in section 6426(b)(4)(A)''. (2) Paragraph (2) of section 4104(a) is amended by striking ``6426, or 6427(e)''. (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended-- (A) by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act)'' after ``of section 6426'', and (B) by inserting ``(as so in effect)'' after ``section 6426(b)(4)(A)''. (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen.--In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. SEC. 102. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES. (a) In General.--Section 30B is repealed. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 24(b)(3) is amended by striking ``, 30B''. (2) Paragraph (2) of section 25B(g) is amended by striking ``, 30B,''. (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking ``, 30B(h)(9)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 103. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES. (a) In General.--Section 30D is repealed. (b) Effective Date.--The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. SEC. 104. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) In General.--Section 30C is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (26). (2) Paragraph (3) of section 55(c) is amended by striking ``, 30C(d)(2),''. (3) Subsection (a) of section 1016, as amended by section 102 of this Act, is amended by striking paragraph (35) and by redesignating paragraph (36) as paragraph (35). (4) Subsection (m) of section 6501 is amended by striking ``, 30C(e)(5)''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 105. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL. (a) In General.--Section 40 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking ``, and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E))''. (4) Paragraph (1) of section 4104(a) is amended by striking ``, 40''. (c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. SEC. 106. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL USED AS FUEL. (a) In General.--Section 40A is repealed. (b) Conforming Amendment.-- (1) Subsection (b) of section 38 is amended by striking paragraph (17). (2) Section 87 is repealed. (3) Subsection (c) of section 196, as amended by section 105 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (4) Paragraph (1) of section 4101(a) is amended by striking ``, every person producing or importing biodiesel (as defined in section 40A(d)(1)''. (5) Paragraph (1) of section 4104(a) is amended by striking ``, and 40A''. (6) Subparagraph (E) of section 7704(d)(1) is amended by inserting ``(as so in effect)'' after ``section 40A(d)(1)''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A. (d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act. SEC. 107. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 is repealed. (b) Conforming Amendments.-- (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting ``(as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act)'' after ``section 43(c)(2)''. (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. SEC. 108. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES. (a) Wind.--Subsection (d) of section 45 is amended by striking ``January 1, 2014'' in paragraph (1) and inserting ``the date of the enactment of the Energy Freedom and Economic Prosperity Act''. (b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is amended by striking ``8-year period'' each place it appears and inserting ``7- year period''. (c) Effective Date.-- (1) Wind.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. (2) Indian coal.--The amendments made by subsection (b) shall apply to coal produced after December 31, 2012. (3) Other qualified energy resources.--For termination of other qualified energy resources for property placed in service after December 31, 2013, see section 45 of the Internal Revenue Code of 1986. SEC. 109. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I is repealed. (b) Conforming Amendment.--Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. SEC. 110. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR POWER FACILITIES. (a) In General.--Subparagraph (B) of section 45J(d)(1) is amended by striking ``January 1, 2021'' and inserting ``January 1, 2015''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 111. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION. (a) In General.--Section 45Q is repealed. (b) Effective Date.--The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. SEC. 112. TERMINATION OF ENERGY CREDIT. (a) In General.--Section 48 is amended-- (1) by striking ``January 1, 2017'' each place it appears and inserting ``January 1, 2015'', and (2) by striking ``December 31, 2016'' each place it appears and inserting ``December 31, 2014''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 113. REPEAL OF QUALIFYING ADVANCED COAL PROJECT. (a) In General.--Section 48A is repealed. (b) Conforming Amendment.--Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. SEC. 114. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT. (a) In General.--Section 48B is repealed. (b) Conforming Amendment.--Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014. TITLE II--REDUCTION OF CORPORATE INCOME TAX RATE SEC. 201. CORPORATE INCOME TAX RATE REDUCED. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) to such a flat rate as the Secretary estimates would result in-- (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Effective Date.--The rate prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

Summary: Energy Freedom and Economic Prosperity Act - Amends the Internal Revenue Code to repeal: (1) the excise tax credits for alcohol fuel, biodiesel, and alternative fuel mixtures; (2) the tax credits for the purchase of alternative motor vehicles and new qualified plug-in electric drive motor vehicles; (3) the alternative fuel vehicle refueling property tax credit; (4) the income tax credits for alcohol, biodiesel, and renewable diesel used as fuel; (5) the enhanced oil recovery tax credit and the tax credit for producing oil and gas from marginal wells; (6) the tax credits for producing electricity from renewable resources and from advanced nuclear power facilities; (7) the tax credit for carbon dioxide sequestration; (8) the energy tax credit; and (9) the tax credits for investment in qualifying advanced coal projects and qualifying gasification projects. Directs the Secretary of the Treasury to prescribe a flat income tax rate for corporations, in lieu of the existing marginal tax rates, based upon the overall revenue savings from the repeal of energy tax expenditures by this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Treatment of Children's Deformities Act of 1998''. SEC. 2. COVERAGE OF MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''. (3) Internal revenue code amendments.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (as amended by section 1531(a) of the Taxpayer Relief Act of 1997) is amended-- (A) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to benefits for minor child's congenital or developmental deformity or disorder.''; and (B) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S CONGENITAL OR DEVELOPMENTAL DEFORMITY OR DISORDER. ``(a) Requirements for Reconstructive Surgery.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, that provides coverage for surgical benefits shall provide coverage for outpatient and inpatient diagnosis and treatment of a minor child's congenital or developmental deformity, disease, or injury. A minor child shall include any individual through 21 years of age. ``(2) Requirements.--Any coverage provided under paragraph (1) shall be subject to pre-authorization or pre-certification as required by the plan or issuer, and such coverage shall include any surgical treatment which, in the opinion of the treating physician, is medically necessary to approximate a normal appearance. ``(3) Treatment defined.-- ``(A) In general.--In this section, the term `treatment' includes reconstructive surgical procedures (procedures that are generally performed to improve function, but may also be performed to approximate a normal appearance) that are performed on abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease, including-- ``(i) procedures that do not materially affect the function of the body part being treated; and ``(ii) procedures for secondary conditions and follow-up treatment. ``(B) Exception.--Such term does not include cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as added by section 605(b)(3)(B) of Public Law 104-204, is amended by striking ``section 2751'' and inserting ``sections 2751 and 2752''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1999. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the provisions of parts A and C of title XXVII of the Public Health Service Act, and chapter 100 of the Internal Revenue Code of 1986''.

Summary: Treatment of Children's Deformities Act of 1998 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set standards requiring that group and individual health insurance coverage and group health plans provide coverage for treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Appropriations Act''. SEC. 2. REVISION OF TIMETABLE. Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows: ``timetable ``Sec. 300. (a) Timetable.-- ``(1) In general.--The timetable with respect to the congressional budget process for any fiscal year is as follows: ``On or before: Action to be completed: First Monday in February................ President submits his or her budget. February 15............................. Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after President Committees submit views and estimates to Budget Committees. submits budget. April 1................................. Budget Committees report concurrent resolution on the budget. April 15................................ Congress completes action on concurrent resolution on the budget. May 15.................................. Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). June 10................................. House Appropriations Committee reports last appropriation bill to be considered that year as provided in subsection (b). June 15................................. Congress completes action on reconciliation legislation. June 30................................. House completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. August 1................................ Congress completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. October 1............................... Fiscal year begins. ``(2) Special rule.--In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in paragraph (1): ``On or before: Action to be completed: First Monday in April................... President submits his or her budget. April 15................................ Congressional Budget Office submits report to Budget Committees. April 20................................ Committees submit views and estimates to Budget Committees. May 15.................................. Budget Committees report concurrent resolution on the budget. June 1.................................. Congress completes action on concurrent resolution on the budget. July 1.................................. Biennial appropriation bills and the defense appropriation bill may be considered in the House as provided in subsection (b). July 20................................. House completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), and the defense appropriation bill. August 1................................ Congress completes action on biennial appropriation bills to be considered that year, as provided in subsection (b), the defense appropriation bill, and reconciliation legislation. October 1............................... Fiscal year begins. ``(b) Biennial Appropriation Bills and Defense Appropriation Bill.--Appropriation bills shall be enacted as follows: ``(1) Odd-numbered years.--In odd-numbered years Congress shall consider pursuant to the budget process under this title and enact-- ``(A) an annual defense appropriation bill; and ``(B) biennial appropriation bills for-- ``(i) Financial Services; ``(ii) Transportation, Housing and Urban Development; ``(iii) Interior, Environment; ``(iv) Labor, Health and Human Services, Education; and ``(v) Military Construction, Veterans Affairs. ``(2) Even-numbered years.--In even-numbered years Congress shall consider pursuant to the budget process in this title and enact-- ``(A) an annual defense appropriation bill; and ``(B) biennial appropriation bills for-- ``(i) Agriculture; ``(ii) Commerce, Justice, Science; ``(iii) Energy and Water; ``(iv) Homeland Security; ``(v) Legislative Branch; and ``(vi) State-Foreign Operations.''. SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974. (a) Definitions.--Section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622) is amended by adding at the end the following: ``(12) The term `biennium' means the period of 2 consecutive fiscal years beginning on October 1.''. (b) Committee Allocations.--Section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633) is amended-- (1) in subsection (a)(1), in the matter preceding subparagraph (A)-- (A) by inserting ``and for appropriations for each fiscal year in the biennium and for the first fiscal year of the resolution for defense,'' after ``for the first fiscal year of the resolution,''; (B) by striking ``for that period of fiscal years'' and inserting ``for all fiscal years covered by the resolution''; and (C) by inserting ``for defense and for each fiscal year in the biennium'' after ``for the fiscal year of that resolution''; (2) in subsection (b), by inserting ``for defense and the biennium'' after ``budget year''; and (3) in subsection (f)(2)(A)-- (A) by striking ``the first fiscal year'' and inserting ``each fiscal year of the biennium''; and (B) by striking ``the total of fiscal years'' and inserting ``the total of all fiscal years covered by the resolution''. SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE. (a) Definition.--Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following: ``(3) `biennium' has the meaning given to such term in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)).''. (b) Budget Contents and Submission to the Congress.-- (1) Expenditures.--Section 1105(a)(5) of title 31, United States Code, is amended by striking ``the fiscal year for which the budget is submitted and the 4 fiscal years after that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 fiscal years''. (2) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended by striking ``the fiscal year for which the budget is submitted and the 4 fiscal years after that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years''. (3) Balance statements.--Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (4) Functions and activities.--Section 1105(a)(12)(A) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (5) Allowances.--Section 1105(a)(13) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (6) Allowances for uncontrolled expenditures.--Section 1105(a)(14) of title 31, United States Code, is amended by striking ``that year'' and inserting ``each fiscal year in the biennium for which the budget is submitted''. (7) Tax expenditures.--Section 1105(a)(16) of title 31, United States Code, is amended by striking ``the fiscal year'' and inserting ``each fiscal year in the biennium''. (8) Future years.--Section 1105(a)(17) of title 31, United States Code, is amended-- (A) by striking ``the fiscal year following the fiscal year'' and inserting ``each fiscal year in the biennium following the biennium''; (B) by striking ``that following fiscal year'' and inserting ``each such fiscal year''; and (C) by striking ``fiscal year before the fiscal year'' and inserting ``biennium before the biennium''. (9) Prior year outlays.--Section 1105(a)(18) of title 31, United States Code, is amended-- (A) by striking ``the prior fiscal year'' and inserting ``each of the 2 most recently completed fiscal years,''; (B) by striking ``for that year'' and inserting ``with respect to those fiscal years''; and (C) by striking ``in that year'' and inserting ``in those fiscal years''. (10) Prior year receipts.--Section 1105(a)(19) of title 31, United States Code, is amended-- (A) by striking ``the prior fiscal year'' and inserting ``each of the 2 most recently completed fiscal years''; (B) by striking ``for that year'' and inserting ``with respect to those fiscal years''; and (C) by striking ``in that year'' each place it appears and inserting ``in those fiscal years''. (c) Estimated Expenditures of Legislative and Judicial Branches.-- Section 1105(b) of title 31, United States Code, is amended by striking ``each year'' and inserting ``each even-numbered year''. (d) Recommendations To Meet Estimated Deficiencies.--Section 1105(c) of title 31, United States Code, is amended-- (1) by striking ``the fiscal year for'' the first place it appears and inserting ``each fiscal year in the biennium for''; (2) by striking ``the fiscal year for'' the second place it appears and inserting ``each fiscal year of the biennium, as the case may be, for''; and (3) by striking ``for that year'' and inserting ``for each fiscal year of the biennium''. (e) Capital Investment Analysis.--Section 1105(e)(1) of title 31, United States Code, is amended by striking ``ensuing fiscal year'' and inserting ``biennium to which such budget relates''. SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS ACTS. (a) In General.--Section 105 of title 1, United States Code, is amended to read as follows: ``Sec. 105. Title and style of appropriations Acts ``(a) In General.-- ``(1) Nondefense.--Except as provided in paragraph (2), the style and title of all Acts making appropriations for the support of the Government shall be as follows: `An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium).'. ``(2) Defense.--The style and title of Acts making appropriations for the support of defense shall be as follows: `An Act making appropriations for defense for fiscal year (here insert the fiscal year).'. ``(3) Amounts.--All Acts making regular appropriations for the support of the Government shall specify the amount of appropriations provided for each fiscal year in such period. ``(b) Definitions.--In this section-- ``(1) the term `biennium' has the same meaning as in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)); and ``(2) Acts described in subsection (a)(1) shall be considered as provided in section 300(b) of the Congressional Budget Act of 1974 (2 U.S.C. 631(b)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 2 of title 1, United States Code, is amended by striking the item relating to section 105 and inserting the following: ``105. Title and style of appropriations Acts.''. SEC. 6. MULTIYEAR AUTHORIZATIONS. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``authorizations of appropriations ``Sec. 316. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider-- ``(1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; and ``(2) for any year, any authorization or revenue bill or joint resolution until Congress completes action on the budget resolution, all appropriations bills to be considered during the year under section 300(b), and all reconciliation bills. ``(b) Applicability.--In the Senate, subsection (a) shall not apply to-- ``(1) defense; ``(2) any measure that is privileged for consideration pursuant to a rule or statute; ``(3) any matter considered in Executive Session; or ``(4) an appropriations measure or reconciliation bill.''. (b) Amendment to Table of Contents.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following: ``Sec. 316. Authorizations of appropriations.''. SEC. 7. CONGRESSIONAL OVERSIGHT. (a) In General.--In each year that the activities of an agency are not required to be funded pursuant to section 300(b) of the Congressional Budget Act of 1974, the committee of the House and the Senate with legislative jurisdiction over that agency shall hold a joint oversight hearing with the corresponding subcommittee of the Committee on Appropriations of their respective House with jurisdiction over the agency. (b) Hearing.--A hearing required by subsection (a) shall review-- (1) the mission of the agency; (2) the impact of biennial budgeting on agency efficiency; (3) the cost savings associated with biennial budgeting; (4) new programs created in the off year of the agency budget; and (5) programs that were terminated in the off year of the agency budget. SEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD. Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) submit to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives a report on the findings of the study. SEC. 9. EFFECTIVE DATE. Except as provided in section 8, this Act and the amendments made by this Act shall take effect on January 1, 2016, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2017.

Summary: Biennial Appropriations Act This bill amends the Congressional Budget Act of 1974 to change the annual appropriations process to a biennial process for nondefense spending. Congress must consider the defense appropriations bill annually and the remaining appropriations bills in either odd-numbered or even-numbered years. In each year that the appropriations bill for an agency is not considered, Congress must conduct oversight hearings. The bill requires the congressional budget resolution to be accompanied by committee allocations for biennial appropriations and the President's budget to include details that reflect the biennial process. It also creates a point of order against considering: (1) legislation authorizing appropriations for less than two years unless the program requires no further appropriations and will be completed after appropriations are expended, and (2) authorization or revenue legislation until Congress completes action on the budget resolution, appropriations bills, and reconciliation bills. The Office of Management and Budget must report to Congress on the impact and feasibility of a biennial budget process.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Psoriasis and psoriatic arthritis are autoimmune, chronic, inflammatory, painful, and disabling diseases that require lifelong timely and appropriate medical intervention and care and have no cure. (2) Current studies indicate that the prevalence of psoriasis in the United States ranges between two and three percent, affecting approximately 7.5 million men, women, and children of all ages, approximately 17,000 individuals in each congressional district, and has an adverse impact on the quality of life for virtually all affected. (3) Psoriasis often is overlooked or dismissed because it is not typically a direct cause of death. Psoriasis is commonly and incorrectly considered by insurers, employers, policymakers, and the public as a mere annoyance--a superficial problem, mistakenly thought to be contagious, due to poor hygiene, or both. As such, treatment for psoriasis is often incorrectly categorized as ``cosmetic'' and not ``medically necessary''. (4) Psoriasis is connected with an elevated risk for other serious, chronic, and life-threatening comorbid conditions, including cardiovascular disease, diabetes, stroke, and cancer. A higher prevalence of stroke, atherosclerosis, chronic obstructive pulmonary disease (COPD), Crohn's disease, lymphoma, metabolic syndrome, and liver disease are also found in people with psoriasis as compared to the general population. Up to 30 percent of people with psoriasis also develop potentially disabling psoriatic arthritis. (5) The National Institute of Mental Health (NIMH) funded a study that found that psoriasis may cause as much physical and mental disability as other major chronic diseases, including cancer, arthritis, hypertension, heart disease, diabetes, and depression. (6) Psoriasis is associated with elevated rates of depression, anxiety, and suicidality (suicidal thoughts, suicide attempts, and completed suicides). Individuals with psoriasis are twice as likely to have thoughts of suicide as people without psoriasis or with other chronic conditions. (7) The risk of premature death is 50 percent higher for people with severe psoriasis. This translates to people with severe psoriasis dying four years earlier, on average, than people without psoriasis. (8) The economic consequences of psoriasis, both for individuals and the health care system, are significant. Total direct and indirect health care costs of psoriasis are calculated at $11,250,000,000 with work loss accounting for 40 percent of the cost burden. People with psoriasis have significantly higher health care resource utilization and costs than the general population. Additionally, psoriasis patients with comorbidities are more likely to experience urgent care, have greater rates of hospitalization, more frequent outpatient visits, and incur greater costs than psoriasis patients without comorbidities. (9) Early diagnosis and treatment of psoriatic arthritis may help prevent irreversible joint damage. (10) Treating psoriasis and psoriatic arthritis presents a challenge for patients and their health care providers. A wide range of treatment options is available; however, adverse side effects and success varies from patient to patient. The same treatments do not work for every patient and a treatment that may have been effective for a period of time can stop working. (11) Despite a number of recent breakthroughs that have led to some new treatments, too many people with psoriasis and psoriatic arthritis still cannot live normal lives. For many of these individuals, existing treatments are not effective or appropriate or may not be accessible due to cost and insurance barriers. (12) Psoriasis and psoriatic arthritis constitute a significant national health issue that deserves a comprehensive and coordinated response by States and the Federal Government with involvement of the health care provider, patient, and public health communities. SEC. 3. NATIONAL PSORIASIS AND PSORIATIC ARTHRITIS DATA COLLECTION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, is authorized to undertake psoriasis and psoriatic arthritis data collection efforts, including incorporating questions into public health surveys, questionnaires, and other databases in existence as of the date of the enactment of this Act to collect information, with respect to psoriasis and psoriatic arthritis, regarding-- (1) the prevalence of psoriasis and psoriatic arthritis in the United States; (2) the age of onset; (3) health-related quality of life; (4) health care utilization; (5) burden of such disease (such as with respect to employment); (6) direct and indirect costs; (7) health disparities, including with respect to age, gender, race, and ethnicity; and (8) comorbidities and the natural history of such disease. Such data collection efforts may include the consideration and development of a patient registry, which would include individuals of all ages. (b) Authorization of Appropriations.--To carry out subsection (a), there are authorized to be appropriated $1,500,000 for each of fiscal years 2012 through 2017. SEC. 4. SENSE OF CONGRESS FOR COLLABORATIVE INTERDISCIPLINARY RESEARCH ON PSORIASIS AND PSORIATIC ARTHRITIS AND COMORBID CONDITIONS. It is the sense of the Congress that-- (1) the psoriasis research community has made significant strides in proving the seriousness of psoriasis as an autoimmune disease and in advancing the identification of commonalities between psoriasis and other diseases; (2) the nonprofit and private sector psoriasis research communities are to be commended for planning a multidisciplinary scientific meeting in 2012 to discuss future directions of psoriasis and comorbid research, identify initiatives necessary to fill any gaps, leverage public and private investments in psoriasis research, and facilitate progress in interdisciplinary research related to psoriasis and its comorbid conditions; (3) the National Institutes of Health is encouraged to continue to work with the organizations and private sector stakeholders who convene the multidisciplinary scientific meeting to discuss future directions of psoriasis and comorbid research; (4) the nonprofit and private sector meeting conveners should disseminate to the public, Congress, and other relevant public and private policymaking and research entities a report that includes findings from the scientific meeting and suggestions regarding next steps, including recommendations from the National Institutes of Health and other relevant Federal agencies; and (5) utilizing the information produced by the scientific meeting regarding future directions of psoriasis and comorbid research, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, and in conjunction with the National Institute for Arthritis, Musculoskeletal, and Skin Diseases and other institutes and centers of the National Institutes of Health, is encouraged to explore the development of a virtual Center of Excellence for Collaborative Discovery in Psoriasis and Comorbid Research or some other mechanism through which public and private sector findings regarding psoriasis and its comorbid conditions can be regularly shared and leveraged.

Summary: Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2011 - Authorizes the Director of the Centers for Disease Control and Prevention (CDC) to undertake psoriasis and psoriatic arthritis data collection efforts to collect information regarding: (1) the prevalence of psoriasis and psoriatic arthritis in the United States; (2) the age of onset; (3) health-related quality of life; (4) health care utilization; (5) the burden of such disease; (6) direct and indirect costs; (7) health disparities, including with respect to age, gender, race, and ethnicity; and (8) comorbidities and the natural history of such disease. Allows such data collection efforts to include: (1) incorporating questions into public health surveys, questionnaires, and other databases in existence as of the date of the enactment of this Act; and (2) the consideration and development of a patient registry. Encourages the Director of the National Institutes of Health to explore the development of a virtual Center of Excellence for Collaborative Discovery in Psoriasis and Comorbid Research or some other mechanism through which public and private sector findings regarding psoriasis and its comorbid conditions can be regularly shared and leveraged.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission for the New National Goal: The Advancement of Global Health Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) During the 20th century the United States led the world in defeating totalitarianism and communism. (2) The United States also led the world in spreading and establishing democracy in every region. (3) The end of global conflict and the end of the Cold War, now guaranteed by the power and leadership of the United States, allow the Nation to establish new goals for the 21st century. (4) The United States, the world leader in the research, development, and production of technologies, medicines, and methodologies utilized to prevent and cure disease, has the human and natural resources to dedicate itself to the new national goal of the global eradication of disease. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``National Commission for the New National Goal: The Advancement of Global Health'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. The Commission shall recommend to the Congress a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. SEC. 5. MEMBERSHIP. (a) Membership of the Commission.--The Commission shall consist of individuals who are of recognized standing and distinction and who possess the demonstrated capacity to discharge the duties imposed on the Commission, and shall include representatives of the public, private, and academic areas whose capacity is based on a special knowledge or expertise in medical research or related areas. (b) Number and Appointment.--The Commission shall be composed of 13 members appointed as follows: (1) The Secretary of Health and Human Services (or the Secretary's delegate). (2) The Chairman of the Federal Trade Commission. (3) 3 Members of the Senate appointed jointly by the President of the Senate and the President pro tempore. Not more than 2 members appointed under this paragraph may be of the same political party. (4) 3 Members of the House of Representatives appointed by the Speaker of the House of Representatives. Not more than 2 members appointed under this paragraph may be of the same political party. (5) 2 individuals appointed by the President, by and with the advice and consent of the Senate, from among individuals who are not officers or employees of any government and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (6) 3 individuals appointed by the President from among individuals who will represent the views of recipients of health services. Not more than 1 member appointed under this paragraph may be an officer or employee of the Federal Government. (c) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member may continue as a member for not longer than the 30-day period beginning on the date that member ceases to be a Member of Congress. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Basic Pay.--Members shall serve without pay. (f) Quorum.--7 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be designated by the President at the time of the appointment. (h) Meetings.--The Commission shall meet monthly or at the call of a majority of its members. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairperson or Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for administrative and other services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORTS. (a) Interim Reports.--The Commission may submit to the President and the Congress interim reports as the Commission considers appropriate. (b) Final Report.--The Commission shall transmit a final report to the President and the Congress not later than 12 months after the date of enactment of this Act. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative, administrative, or other actions, as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 30 days after submitting its final report pursuant to section 7. SEC. 9. EFFECTIVE DATE. This Act shall take effect 60 days after the date of its enactment. SEC. 10. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2) (A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

Summary: National Commission for the New National Goal: The Advancement of Global Health Act - Establishes the National Commission for the New National Goal: The Advancement of Global Health to report to the President and the Congress concerning a national strategy for coordinating governmental, academic, and public and private health care entities for the purpose of the global eradication of disease. Terminates the Commission 30 days after the submission of its final report.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Mobility Safety Act of 2016''. SEC. 2. PERSONAL SELECTIONS OF AUTOMOBILES AND ADAPTIVE EQUIPMENT. Section 3903(b) of title 38, United States Code, is amended-- (1) by striking ``Except'' and inserting ``(1) Except''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall ensure that to the extent practicable an eligible person who is provided an automobile or other conveyance under this chapter is given the opportunity to make personal selections relating to such automobile or other conveyance.''. SEC. 3. COMPREHENSIVE POLICY FOR THE AUTOMOBILES ADAPTIVE EQUIPMENT PROGRAM. (a) Comprehensive Policy.--The Secretary of Veterans Affairs shall develop a comprehensive policy regarding quality standards for providers who provide modification services to veterans under the automobile adaptive equipment program. (b) Scope.--The policy developed under subsection (a) shall cover each of the following: (1) The Department of Veterans Affairs-wide management of the automobile adaptive equipment program. (2) The development of standards for safety and quality of equipment and installation of equipment through the automobile adaptive equipment program, including with respect to the defined differentiations in levels of modification complexity. (3) The consistent application of standards for safety and quality of both equipment and installation throughout the Department. (4) In accordance with subsection (c)(1), the certification of a provider by a manufacturer if the Secretary designates the quality standards of such manufacturer as meeting or exceeding the standards developed under this section. (5) In accordance with subsection (c)(2), the certification of a provider by a third party, nonprofit organization if the Secretary designates the quality standards of such organization as meeting or exceeding the standards developed under this section. (6) The education and training of personnel of the Department who administer the automobile adaptive equipment program. (7) The compliance of the provider with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) when furnishing automobile adaptive equipment at the facility of the provider. (8) The allowance, where technically appropriate, for veterans to receive modifications at their residence or location of choice, including standards that ensure such receipt and notification to veterans of the availability of such receipt. (c) Certification of Manufacturers and Third Party, Nonprofit Organizations.-- (1) Certification of manufacturers.--The Secretary shall approve a manufacturer as a certifying manufacturer for purposes of subsection (b)(4), if the manufacturer demonstrates that its certification standards meet or exceed the quality standards developed under this section. (2) Certification of third party, nonprofit organizations.-- (A) In general.--The Secretary may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations for purposes of subsection (b)(5). (B) Limitation.--If at any time there is only one third party, nonprofit certifying organization approved by the Secretary for purposes of subsection (b)(5), such organization shall not be permitted to provide certifications under such subsection until such time as the Secretary approves a second third party, nonprofit certifying organization for purposes of such subsection. (d) Updates.-- (1) Initial updates.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall update Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, in accordance with the policy developed under subsection (a). (2) Subsequent updates.--Not less frequently than once every 6 years thereafter, the Secretary shall update such handbook, or any successor handbook or directive. (e) Consultation.--The Secretary shall develop the policy under subsection (a), and revise such policy under subsection (d), in consultation with veterans service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with expertise in installing, repairing, replacing, or manufacturing mobility equipment or developing mobility accreditation standards for automobile adaptive equipment. (f) Conflicts.--In developing and implementing the policy under subsection (a), the Secretary shall-- (1) minimize the possibility of conflicts of interest, to the extent practicable; and (2) establish procedures that ensure against the use of a certifying organization referred to in subsection (b)(5) that has a financial conflict of interest regarding the certification of an eligible provider. (g) Biennial Report.-- (1) In general.--Not later than 1 year after the date on which the Secretary updates Veterans Health Administration Handbook 1173.4, or any successor handbook or directive, under subsection (d), and not less frequently than once every other year thereafter through 2022, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the implementation and facility compliance with the policy developed under subsection (a). (2) Contents.--The report required by paragraph (1) shall include the following: (A) A description of the implementation plan for the policy developed under subsection (a) and any revisions to such policy under subsection (d). (B) A description of the performance measures used to determine the effectiveness of such policy in ensuring the safety of veterans enrolled in the automobile adaptive equipment program. (C) An assessment of safety issues due to improper installations based on a survey of recipients of adaptive equipment from the Department. (D) An assessment of the adequacy of the adaptive equipment services of the Department based on a survey of recipients of adaptive equipment from the Department. (E) An assessment of the training provided to the personnel of the Department with respect to administering the program. (F) An assessment of the certified providers of the Department of adaptive equipment with respect to meeting the minimum standards developed under subsection (b)(2). (h) Definitions.--In this section: (1) Automobile adaptive equipment program.--The term ``automobile adaptive equipment program'' means the program administered by the Secretary of Veterans Affairs pursuant to chapter 39 of title 38, United States Code. (2) Veterans service organization.--The term ``veterans service organization'' means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. APPOINTMENT OF LICENSED HEARING AID SPECIALISTS IN VETERANS HEALTH ADMINISTRATION. (a) Licensed Hearing Aid Specialists.-- (1) Appointment.--Section 7401(3) of title 38, United States Code, is amended by inserting ``licensed hearing aid specialists,'' after ``Audiologists,''. (2) Qualifications.--Section 7402(b)(14) of such title is amended by inserting ``, hearing aid specialist'' after ``dental technologist''. (b) Requirements.--With respect to appointing hearing aid specialists under sections 7401 and 7402 of title 38, United States Code, as amended by subsection (a), and providing services furnished by such specialists, the Secretary shall ensure that-- (1) a hearing aid specialist may only perform hearing services consistent with the hearing aid specialist's State license related to the practice of fitting and dispensing hearing aids without excluding other qualified professionals, including audiologists, from rendering services in overlapping practice areas; (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist; and (3) the medical facilities of the Department of Veterans Affairs provide to veterans access to the full range of professional services provided by an audiologist. (c) Consultation.--In determining the qualifications required for hearing aid specialists and in carrying out subsection (b), the Secretary shall consult with veterans service organizations, audiologists, otolaryngologists, hearing aid specialists, and other stakeholder and industry groups as the Secretary determines appropriate. (d) Annual Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter during the 5-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the following: (A) Timely access of veterans to hearing health services through the Department of Veterans Affairs. (B) Contracting policies of the Department with respect to providing hearing health services to veterans in facilities that are not facilities of the Department. (2) Timely access to services.--Each report shall, with respect to the matter specified in paragraph (1)(A) for the 1-year period preceding the submittal of such report, include the following: (A) The staffing levels of audiologists, hearing aid specialists, and health technicians in audiology in the Veterans Health Administration. (B) A description of the metrics used by the Secretary in measuring performance with respect to appointments and care relating to hearing health. (C) The average time that a veteran waits to receive an appointment, beginning on the date on which the veteran makes the request, for the following: (i) A disability rating evaluation for a hearing- related disability. (ii) A hearing aid evaluation. (iii) Dispensing of hearing aids. (iv) Any follow-up hearing health appointment. (D) The percentage of veterans whose total wait time for appointments described in subparagraph (C), including an initial and follow-up appointment, if applicable, is more than 30 days. (3) Contracting policies.--Each report shall, with respect to the matter specified in paragraph (1)(B) for the 1-year period preceding the submittal of such report, include the following: (A) The number of veterans that the Secretary refers to non-Department audiologists for hearing health care appointments. (B) The number of veterans that the Secretary refers to non-Department hearing aid specialists for follow-up appointments for a hearing aid evaluation, the dispensing of hearing aids, or any other purpose relating to hearing health. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the Senate on November 17, 2016. Veterans Mobility Safety Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to ensure that an eligible disabled veteran provided an automobile or other conveyance is given the opportunity to make personal selections relating to such conveyance. (Sec. 3) The VA shall develop a comprehensive policy regarding quality standards for providers of modification services to veterans under the automobile adaptive equipment program. Such policy shall cover: (1) management of the automobile adaptive equipment program, (2) development and application of safety and quality standards for equipment and installation, (3) provider certification by a third party organization or manufacturer, (4) manufacturer certification of a provider, (5) education and training of VA personnel, (6) provider compliance with the Americans with Disabilities Act of 1990, and (7) allowance for veterans to receive modifications at their residence or location of choice. The VA shall approve a manufacturer as a certifying manufacturer if such manufacturer demonstrates that its certification standards meet or exceed the quality standards provided for by this bill. The VA may approve two or more private, nonprofit organizations as third party, nonprofit certifying organizations. The VA shall: (1) within one year and at least every six years thereafter, update VHA Handbook 1173.4 in accordance with such policy; and (2) within one year of such update and biennially thereafter through 2022, report on policy implementation and facility compliance. The VA shall: (1) develop and revise such policy in consultation with veteran service organizations, the National Highway Transportation Administration, industry representatives, manufacturers of automobile adaptive equipment, and other entities with relevant expertise; and (2) ensure against the use of a certifying entity that has a financial conflict of interest regarding the certification of an eligible provider. (Sec. 4) The VA may appoint licensed hearing aid specialists to the Veterans Health Administration. The VA shall ensure that: (1) a hearing aid specialist may only perform hearing services consistent with the specialist's state license related to the practice of fitting and dispensing hearing aids, without excluding other qualified professionals from rendering services in overlapping practice areas; (2) services provided to veterans by hearing aid specialists shall be provided as part of the non-medical treatment plan developed by an audiologist; and (3) VA medical facilities provide veterans with access to the full range of audiologist services. The VA shall, within one year and annually thereafter for the next five years, report on: (1) veterans access to such hearing health services; and (2) VA contracting policies for providing hearing health services to veterans in non-VA facilities, including the number of veterans referred to audiologists and hearing aid specialists.


SECTION 1. SHORT TITLE. This Act may be cited as the `Older and Disabled Americans Criminal Protection Act of 1998'. SEC. 2. BACKGROUND CHECKS. (a) In General.--A shared housing referral service, as determined for the purpose of this section by the Attorney General, may request the Attorney General to conduct a search and exchange of records under subsection (b) regarding any applicant for participation in a shared housing arrangement as a service provider resident by-- (1) submitting, to the Attorney General-- (A) fingerprints regarding such applicant; and (B) a written statement authorizing the shared housing referral service to request the search and exchange of records regarding the applicant, which is signed by the applicant; and (2) making the submission of the information under paragraph (1) not more than 7 days (not including Saturdays, Sundays, and legal public holidays under section 6103 of title 5, United States Code) after completing acquiring the information. (b) Search and Exchange of Records.--Pursuant to any submission that complies with subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other positive identification submitted. The Attorney General shall provide any corresponding information identified by the search to the appropriate State or local governmental agency authorized to receive such information. (c) Use of Information.--Information regarding any applicant for participation in a shared housing arrangement obtained pursuant to subsection (b) may be used only by the shared housing referral service requesting the information and only for determining the suitability of the applicant for participation in a shared housing arrangement as a service provider resident. (d) Fees.--The Attorney General may charge a reasonable fee, which may not exceed $50, to any shared housing referral service requesting a search and exchange of records pursuant to subsection (b) to cover the costs of conducting the search and providing the records. (e) Report.--The Attorney General shall submit a report to the House of Representatives and the Senate not later than 2 years after the date of enactment of this Act regarding the number of requests for searches and exchanges of records made under this section by shared housing referral services and the disposition of such requests. SEC. 3. CRIMINAL PENALTY. Whoever knowingly uses any information obtained pursuant to section 2(b) in violation of section 2(c) shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. SEC. 4. ORGANIZATIONAL LIABILITY. A shared housing referral agency that, in making a determination regarding any referral for participation in a shared housing arrangement, reasonably relies upon information provided to the agency by the Attorney General pursuant to section 2 shall not be liable, in any action for damages based on the referral determination, for any damages resulting from incompleteness or inaccuracy of the information. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Shared housing arrangement.--The term `shared housing arrangement' means a primary residential arrangement that consists of at least 2 persons-- (A) who reside in the same dwelling unit and share the use of all or part of the facilities of the dwelling unit; (B) who have no familial relationship; (C) one of whom is the owner or lessee of the dwelling unit, including any owner or lessee who is an elderly person or a person with disabilities, and (D) another of whom provides care or other services for the benefit of the person described in subparagraph (C) in exchange for free occupancy in the dwelling unit, a reduction in the cost otherwise charged for occupancy of the dwelling unit, or other remuneration. (2) Shared housing referral service.--The term `shared housing referral service' means any nonprofit organization, person, or other entity that, for consideration, performs services which involve the referral of individuals or families for participation in shared housing arrangements as service provider residents. (3) Service provider resident.--The term `service provider resident' means, with respect to a shared housing arrangement, the individual participating in the arrangement who is described in paragraph (1)(D). (4) Elderly person; person with disabilities.--The terms `elderly person' and `person with disabilities' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937. SEC. 6. REGULATIONS. The Attorney General may prescribe any regulations necessary to carry out this Act, including regulations regarding the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs.

Summary: Older and Disabled Americans Criminal Protection Act of 1998 - Defines a "shared housing arrangement" as a residential arrangement under which one person provides care or other services for the owner or lessee of a dwelling unit in exchange for free occupancy or a reduced cost for occupancy of that unit or other remuneration. Authorizes: (1) a shared housing referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service. Provides a criminal penalty for the knowing use of such information for other than housing determinations. States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy.