SECTION 1. SHORT TITLE. This Act may be cited at the ``Clean Air and Water Preservation Act of 2001''. SEC. 2. FINDINGS. The Congress finds that: (1) The oxygenate requirement of the reformulated gasoline (``RFG'') program has proven effective in reducing emissions of exhaust hydrocarbons, nitrous oxide and carbon monoxide, known precursors to smog. (2) One oxygenate chosen by gasoline refiners to comply with the Clean Air Act regulations, methyl tertiary butyl ether (``MTBE''), has been discovered in water sources throughout the nation. (3) MTBE renders water undrinkable and is considered a probable carcinogen by the Environmental Protection Agency. (4) MTBE is highly soluble in water and slow to degrade. Only one gallon of MTBE is required to contaminate 26 million gallons of water. (5) An alternative oxygenate, ethanol, is a biobased product which produces the same reductions in emissions, is not as soluble in water, biodegrades rapidly, and is considered safe for the environment. (6) The oxygenate requirement of the RFG program requires 2 percent by weight of an oxygenate be added to gasoline. Ethanol contains approximately twice as much as oxygen as MTBE, therefore supplying the RFG program with sufficient ethanol to replace MTBE would require half the volume of MTBE currently used. (7) The ethanol industry is expanding rapidly. Production capacity in 1998 was estimated at 1.8 billion gallons. New production facilities that came on line in 1999 has greatly increased this capacity. (8) The Department of Agriculture projects the domestic ethanol industry will be able to produce the approximately 3.1 billion gallons of ethanol necessary to replace MTBE by 2004. (9) The U.S. Department of Agriculture estimates that replacing MTBE with ethanol will (A) increase the demand for corn for ethanol by more than 500 million bushels each year, improving the price of corn by 14 cents per bushel each year and increasing average total farm cash receipts by $1 billion each year; (B) create 13,000 new jobs; and (C) increase average US agricultural net export value by more than $200 million and reduce US import value of MTBE by $1.1 billion for an improved US trade balance of $1.3 billion each year. (10) Ethanol is an energy efficient fuel. A 1995 report by the USDA estimated one gallon of ethanol provides 25 percent more energy than production requires. Other studies show the net energy gain potential of ethanol could exceed 150 percent when state-of-the-art agricultural and production technologies are used. (11) Ethanol is proven to enhance the performance of automobiles. Currently, all vehicle manufacturers approve the use of 10 percent ethanol blended fuels. (12) Replacing MTBE with ethanol would maintain the emissions reductions obtained through the RFG program without the water contamination problems associated with MTBE. (13) When implementing the Clean Air Act Amendments of 1990, the Environmental Protection Agency required, by regulation, that each gallon of gasoline sold in the RFG program contain a minimum of 1.5 percent by weight of oxygenate. This was not the intent of Congress in passing the oxygenate requirement and prohibits the most efficient use of oxygenates. Lifting this regulatory requirement will provide refiners more flexibility for complying with the RFG program and provide high performance gasoline year-round. (14) Providing such flexibility in the use of oxygenates could lead to an increase in the use of aromatics, many of which are known carcinogens. Therefore, a limit on the amount of aromatics added to gasoline is necessary to protect public health. (15) Providing such flexibility in the use of oxygenates could lead to an increase in emissions. Therefore, a prohibition against an increase in emissions above the level achieved by RFG gasoline is necessary to protect air quality. SEC. 3. USE OF MTBE AS A FUEL ADDITIVE. (a) MTBE Ban.--Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding at the end of paragraph (1) the following: ``The regulations under this paragraph shall prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive.''. (b) Regulations.--The Administrator of the Environmental Protection Agency shall amend the regulations under section 211(c)(1) of the Clean Air Act as promptly as practicable after the date of enactment of this Act to conform to the amendment made by subsection (a) of this section. (c) Effective Date.--Subsection (a) of this section shall take effect upon the expiration of the three-year period beginning on the date of the enactment of this Act. (d) Labeling.--During the period beginning on the date of enactment of this Act and ending three years from the date of enactment, the Administrator of the Environmental Protection Agency shall require any person selling gasoline that contains methyl tertiary butyl ether at retail to prominently label the fuel dispensing system for the gasoline with a notice that the gasoline contains methyl tertiary butyl ether (`MTBE'). SEC. 4. EXISTING MTBE WATER CONTAMINATION. (a) State Source Water Assessment Programs.--Section 1453(a) of the Safe Drinking Water Act is amended by adding the following at the end thereof: ``(8) MTBE Contamination.--The Administrator shall amend the guidelines under this subsection to require that State source water assessment programs be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by methyl tertiary butyl ether (`MTBE'). Each such revision shall be submitted and approved or disapproved by the Administrator in accordance with the same deadlines as applicable to the original program under paragraph (3).''. (b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking Water Act is amended by adding the following at the end thereof: ``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop a clear set of technical guidelines to assist States in the investigation and cleanup of methyl tertiary butyl ether (`MTBE') in groundwater.''. SEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM. (a) Amendment of Clean Air Act.--Subparagraph (B) of section 211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of section 211(k)(3) of such Act are each amended by inserting ``an average of'' before ``2.0 percent''. (b) Regulation Invalidated.--The provisions of section 80.41(b) of part 80 of title 40 of the Code of Federal Regulations establishing a per-gallon minimum oxygen content (percent, by weight) shall cease to have any force and effect on the date of the enactment of this Act. SEC. 6. ANTI-BACKSLIDING. (a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air Act is amended by adding the following at the end thereof: ``No later than June 1, 2001, the Administrator shall revise the regulations under this paragraph as necessary to ensure that the ozone forming potential, taking into account all ozone precursors (including volatile organic compounds, oxides of nitrogen, and carbon monoxide), of the aggregate emissions during the high ozone season (as defined by the Administrator) from baseline vehicles when using reformulated gasoline does not exceed the ozone forming potential of the aggregate emissions from such vehicles when using reformulated gasoline that complies with the regulations that were in effect on January 1, 2000, and applicable to reformulated gasoline sold in calendar year 2000 and thereafter.''. (b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean Air Act is amended by adding the following new subparagraph at the end thereof: ``(E) Aromatic hydrocarbon content.--The aromatic hydrocarbon content of the gasoline shall be not greater than the average aromatic hydrocarbon content of reformulated gasoline sold in covered areas for use in such vehicles during the year 2000.''. SEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE. The Secretary of Energy and the Administrator of the Environmental Protection Agency shall evaluate by December 31, 2001 and report to the President and the Congress on the potential for development of oxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not otherwise identified in this Act, and shall evaluate what steps, if any, would be appropriate to foster development of such alternatives should they be found to be an acceptable substitute for MTBE. SEC. 8. TRANSITION TO ETHANOL. It is the Sense of the Congress that the United States should promote renewable ethanol to replace methyl tertiary butyl ether (``MTBE'') and encourage oil refiners to make the transition from MTBE- blended fuel to ethanol-blended fuel as soon as possible.

Summary: Clean Air and Water Preservation Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive. Makes such prohibition effective three years after this Act's enactment date. Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE.Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight (currently, equal or exceed two percent by weight). Invalidates Federal regulations that establish a per-gallon minimum oxygen content (percent, by weight). Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000.Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Biennial Commission on Energy Policy Act of 2013''. SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT. (a) In General.--Title VIII of the Department of Energy Organization Act (42 U.S.C. 7321) is amended by striking sections 801 and 802 and inserting the following new sections: ``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. ``(a) Establishment.--There is established a commission to be known as the `Biennial Commission on Energy Policy' (in this title referred to as the `Commission'). ``(b) Membership.-- ``(1) Number and appointment.--The Commission shall be composed of 15 members appointed in the following manner-- ``(A) The President shall appoint 3 members. ``(B) The Speaker of the House of Representatives shall appoint 3 members. ``(C) The minority leader of the House of Representatives shall appoint 3 members. ``(D) The majority leader of the Senate shall appoint 3 members. ``(E) The minority leader of the Senate shall appoint 3 members. ``(2) Deadline for appointment.--Members of the Commission shall be appointed not later 30 days after the first day of the first session of the 114th Congress. ``(3) Terms.--Members shall be appointed for a term of 2 years. ``(4) Consultation.--The President and Members of Congress specified in paragraph (1) shall consult with each other before appointing members to the Commission to achieve, to the maximum extent practicable, a diversity of experience and expertise in the membership of the Commission. ``(5) Vacancies.--Any vacancy on the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of that term. ``(6) Qualifications.--Each member appointed to the Commission shall have professional experience in 1 or more of the following areas: ``(A) Governmental service. ``(B) Energy production. ``(C) Renewable energy resource development. ``(D) Energy law. ``(E) Public administration. ``(F) Fossil fuel production. ``(G) Energy efficiency. ``(H) Environmental policy. ``(I) Labor. ``(J) Workplace safety. ``(K) Commerce and trade. ``(L) Corporate policies. ``(M) Infrastructure. ``(N) Foreign affairs. ``(7) Political affiliation.--Not more than 8 members of the Commission shall be affiliated with the same political party. ``(8) Restriction on government employees.--No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. ``(9) Basic pay.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. ``(10) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(c) Structure of Commission.-- ``(1) Commencement.--The Commission shall meet and begin operations not later than 30 days after the date on which all members of the Commission have been appointed. ``(2) Chairperson; vice chairperson.--The chairperson and vice chairperson of the Commission shall be selected by the members. ``(3) Subcommittees.--Upon majority vote of the members, the Commission may create subcommittees composed of less than the full membership of the Commission to carry out specified duties of the Commission. ``(4) Quorum.--Six members of the Commission shall constitute a quorum. ``(5) Meetings.-- ``(A) In general.--After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. ``(B) Stakeholder meetings.--The Commission shall conduct a quarterly meeting of stakeholders to assist the Commission in carrying out its duties. The first meeting shall be held not later than 90 days after the date on which all members of the Commission have been appointed. Subsequent meetings shall be held until the Commission submits its final report. ``(C) Attendance at stakeholder meetings.--Members shall be encouraged to attend stakeholder meetings held pursuant to subparagraph (B) either in person or via teleconference. ``SEC. 802. DUTIES AND POWERS OF THE COMMISSION. ``(a) Duties.-- ``(1) In general.--The Commission shall carry out the tasks described in paragraph (2) and make recommendations for legislative and administrative actions to create an integrated and comprehensive energy policy for the United States. ``(2) Tasks.--To carry out paragraph (1), the Commission shall-- ``(A) analyze the accessibility, affordability, reliability, resiliency, and sustainability of the energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; ``(B) assess policy options to increase domestic energy supplies and energy efficiency; ``(C) evaluate energy storage, transmission, and distribution requirements that shall include intermittent energy sources; ``(D) analyze the prospective role of stakeholders, including academia, industry representatives, the public, Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)), and Federal agencies in creating an integrated and comprehensive energy policy; ``(E) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; ``(F) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives; ``(G) study relevant matters, as determined by the Commission, raised at the stakeholder meetings described in section 801(c)(5)(B); and ``(H) study other relevant matters as determined by the Commission. ``(3) Materials studied.--The Commission shall review materials on energy, including-- ``(A) enacted and proposed Federal and State laws, regulations, policies, and programs; ``(B) information developed by relevant governmental and nongovernmental agencies, including Federal laboratories; ``(C) scientific and technical literature and publications; and ``(D) studies conducted by other entities. ``(b) Reports.-- ``(1) Progress reports.--Not later than July 1 of the first and third year of each Presidential term, the Commission shall submit progress reports to Congress describing the activities of the Commission and a summary of the information gathered pursuant to subsection (a). ``(2) In general.--Not later than July 1 of the second and fourth year of each Presidential term, the Commission shall submit to Congress a report that shall include-- ``(A) the findings and conclusions of the Commission based on tasks carried out pursuant to subsection (a)(2); and ``(B) recommendations for legislative and administrative actions described in subsection (a)(1). ``(3) Publication.--Reports submitted pursuant to paragraph (2) shall be made publicly available via a website. ``(c) Powers.-- ``(1) Hearings and sessions.--The Commission may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. ``(2) Powers of subcommittees.--Any subcommittee created pursuant to section 801(c)(3) may, if authorized by the Commission, take any action which the Commission is authorized to take by this title. ``(3) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. ``(4) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies. ``(5) Contract authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with government and private agencies or persons for the purpose of carrying out this section, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). ``(6) 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 title. Upon request of the chairperson, vice chairperson, or a subcommittee of the Commission, the head of such department or agency shall furnish such information to the Commission. ``SEC. 803. PERSONNEL MATTERS. ``(a) Executive Director and Staff.--The chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate an executive director and not more than five additional staff members. The employment of an executive director shall be subject to confirmation by the Commission. ``(b) Pay.--The chairperson of the Commission may fix the compensation of the executive director and staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, except that an individual appointed under paragraph (1) may not receive pay in excess of the annual rate of basic pay for level V of the Executive Schedule. ``(c) Detail of Government Employees.--Upon request of the chairperson of the Commission, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of the department or agency to the Commission to assist the Commission in carrying out its duties. ``(d) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5316 of such title. ``SEC. 804. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $3,000,000 to the Secretary of Energy, without fiscal year limitation, to carry out this title.''. (b) Table of Contents Amendments.--The table of contents of such Act is amended by striking the items relating to sections 801 and 802 and inserting the following: ``801. Biennial Commission on Energy Policy. ``802. Duties and powers of the Commission. ``803. Personnel matters. ``804. Authorization of appropriations.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the first day of the first session of the 114th Congress.

Summary: Biennial Commission on Energy Policy Act of 2013 - Amends the Department of Energy Organization Act to establish the Biennial Commission on Energy Policy. Directs the Commission to: (1) analyze the accessibility, affordability, reliability, resiliency, and sustainability of energy sources in the United States, including coal, oil, natural gas, wind, solar, nuclear, hydropower, geothermal, and biofuels; (2) assess policy options to increase domestic energy supplies and energy efficiency; (3) evaluate energy storage, transmission, and distribution requirements including intermittent energy sources; (4) analyze the prospective role of stakeholders in creating an integrated and comprehensive energy policy, including academia, industry representatives, the public, and federal laboratories and agencies; (5) assess the effectiveness of and need for energy programs, including tax incentives, funding mechanisms, and energy subsidies; and (6) make recommendations for changes to the organization of executive branch entities to facilitate the development and implementation of national energy objectives.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Home-Based Health Services Training and Employment Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The ``baby boom'' generation will require health care attention that will exceed the current supply of health care providers. (2) There is a shortage of training programs specializing in health care and long-term services that focus on home care instead of institutionalized care. (3) Although the need for home-based health services transcends all income levels, the availability of such services is more limited for residents of public housing. (4) Estimates indicate that there are 44,000,000 caregivers in the United States providing unpaid care to at least one adult, representing 22,900,000 households. (5) Of working persons providing unpaid care, 62 percent have had to make adjustments to work schedules or leave employment. (6) Many low-income families in the United States are placed in an untenable position of choosing between work and caregiving responsibilities at home. (7) Many residents of public housing in the United States are aging and in need of care. (8) The Department of Housing and Urban Development estimates the percentage of households assisted by the Department that are elderly households is 35 percent in New York, 33 percent in Boston, 35 percent in Chicago, 24 percent in Cleveland, 40 percent in Los Angeles, and 20 percent in Puerto Rico. (9) New service programs are needed to provide home-based health services to residents of public housing and to provide job training and job placement for persons receiving assistance from the Department of Housing and Urban Development needing employment. (10) The Department of Housing and Urban Development should establish a home-based health services pilot program to meet the challenges of the increasing number of elderly persons and persons with disabilities in public housing, which would simultaneously create an opportunity to train job seekers in a trade that provides home-based health services. (b) Purposes.--The purposes of this Act are-- (1) to give flexibility to the Department of Housing and Urban Development and other entities to establish training programs in home-based health services for public housing residents; and (2) to provide needed home care options to elderly and disabled public housing residents (including elderly and disabled veterans who are public housing residents) and elderly and disabled residents of federally-assisted rental housing to allow them to remain in their homes and their communities. SEC. 3. PILOT GRANT PROGRAM TO TRAIN PUBLIC HOUSING RESIDENTS TO PROVIDE COVERED HOME-BASED HEALTH SERVICES. Section 34 of the United States Housing Act of 1937 (42 U.S.C. 1437z-6) is amended by adding at the end the following new subsections: ``(f) Pilot Grant Program To Train Public Housing Residents To Provide Covered Home-Based Health Services.-- ``(1) Establishment of pilot grant program.--The Secretary, in consultation with the Secretary of Health and Human Services, shall establish a competitive grant program to make grants to eligible entities under paragraph (2) for use for the training of public housing residents as home health aides and as providers of home-based health services (including as personal and home care aides) to enable such residents to provide covered home-based health services to-- ``(A) residents of public housing who are elderly or disabled, or both (including elderly and disabled veterans who are residents of public housing); and ``(B) subject to the criteria set forth pursuant to paragraph (3), residents of federally-assisted rental housing who are elderly or disabled, or both. ``(2) Eligible entities.--A grant under this subsection may be made only to an entity that-- ``(A) is a public housing agency or other unit of State or local government (including an agency of such unit), community health center, home care provider organization, faith-based organization, labor organization, or other organization determined to be qualified by the Secretary; and ``(B) demonstrates to the satisfaction of the Secretary that it has established, or provides such assurances that it will establish, an employment training program to train public housing residents to provide covered home-based health services that complies with regulations that the Secretary shall issue. ``(3) Residents of federally-assisted rental housing.--The Secretary may set forth criteria under which an entity receiving funding under this subsection may train public housing residents to provide covered home-based health services to elderly and disabled residents of federally-assisted rental housing. ``(4) Application.--To be eligible for a grant under this subsection an eligible entity under paragraph (2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. ``(5) Competitive grant awards.-- ``(A) General criteria for selection.--The Secretary shall establish policies and procedures for reviewing and approving funding for eligible entities through a competitive process taking into consideration-- ``(i) with respect to the service area in which public housing residents trained under an employment training program described in paragraph (2)(B) will provide covered home- based health services-- ``(I) the percentage of residents age 62 and older; ``(II) the percentage of disabled residents; and ``(III) the percentage of unemployed or underemployed residents; ``(ii) the ability of an eligible entity to provide training that leads to the provision of quality care; ``(iii) the record of the quality of care of an eligible entity; and ``(iv) such other criteria as determined by the Secretary. ``(B) Geographic consideration.--In awarding grants, the Secretary shall consider a geographic mix of a variety of eligible entities so that the grant program will include at least-- ``(i) one employment training program described in paragraph (2)(B) that primarily serves an urban population; ``(ii) one employment training program described in paragraph (2)(B) that primarily serves a rural population; ``(iii) one employment training program described in paragraph (2)(B) that primarily serves an Indian population; and ``(iv) one employment training program described in paragraph (2)(B) that primarily serves a population in the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. ``(6) Use of grant funds.--An entity receiving funding under this subsection may use such funds-- ``(A) to establish (or maintain) and carry-out an employment training program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and elderly and disabled residents of federally-assisted rental housing; ``(B) for the transportation expenses of public housing residents in training under such an employment training program; ``(C) for the child care expenses of public housing residents in training under such an employment training program; ``(D) for the administrative expenses of carrying out such an employment training program; and ``(E) for any other activity the Secretary determines appropriate. ``(7) Report to congress.--Not later than 24 months after the date of the enactment of the Home-Based Health Services Training and Employment Act of 2012, the Secretary shall submit to Congress a report on the use and impact of the grant program established by this subsection. The report shall include-- ``(A) a review of the effectiveness of the program in-- ``(i) providing jobs for public housing residents; ``(ii) meeting the unmet health and long- term care needs of elderly and disabled residents of public housing and elderly and disabled residents of federally-assisted rental housing; and ``(iii) enabling the provision of quality care; and ``(B) any recommendations the Secretary determines appropriate regarding the grant program. ``(8) Definitions.--As used in this subsection, subsection (g), and subsection (h): ``(A) Home-based health services.--The term `home- based health services' means health care and long-term services provided to an individual in a place of residence used as such individual's home and includes-- ``(i) home health services described in section 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)); ``(ii) personal care services described in section 1905(a)(24) of such Act (42 U.S.C. 1396d(a)(24)); and ``(iii) home-based services which may be covered under a waiver under subsection (c) or (d) of section 1915 of such Act (42 U.S.C. 1396n). ``(B) Home health aide.--The term `home health aide' has the meaning given the term in section 1891(a)(3)(E) of the Social Security Act (42 U.S.C. 1395bbb(a)(3)(E)). ``(C) Covered.--The term `covered' means, with respect to home-based health services, such services-- ``(i) for which medical assistance is available under a State plan under title XIX of the Social Security Act; or ``(ii) for which financial assistance is available under subsection (g). ``(D) Federally-assisted rental housing.--The term `federally-assisted rental housing' means-- ``(i) housing assisted under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(ii) housing assisted under section 515 of the Housing Act of 1949 (42 U.S.C. 1485); ``(iii) housing assisted under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) (including project-based and tenant-based assistance); ``(iv) housing assisted under the block grant program under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); ``(v) housing financed by a mortgage insured under section 221(d)(3) of the National Housing Act (12 U.S.C. 1715l(d)(3)) or held by the Secretary, a State, or State agency; and ``(vi) housing assisted under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013). ``(9) Inapplicability of previous subsections.--Subsections (a) through (e) shall not apply to this subsection, subsection (g), and subsection (h). ``(10) Rule of construction.--This subsection and subsection (g) may not be construed as affecting any requirement under State law for training, licensure, or any other certification as a home health aide or as a provider of any home-based health service under this subsection and subsection (g). ``(11) Regulations.--Not later than 6 months after the date of enactment of the Home-Based Health Services Training and Employment Act of 2012, the Secretary shall issue regulations to carry out this subsection. ``(g) Financial Assistance for Home-Based Health Services in Certain Jurisdictions.-- ``(1) Financial assistance.--The Secretary, in consultation with the Secretary of Health and Human Services, may provide financial assistance under this subsection to entities receiving grant funds under the pilot program established under subsection (f) that provide training for public housing residents as home health aides and as providers of home-based health services and provide (or pay for) such services for use only for their costs in providing (or paying for) such services to-- ``(A) residents of public housing who are elderly or disabled, or both (including elderly or disabled veterans who are residents of public housing); or ``(B) at the discretion of the Secretary, residents of federally-assisted rental housing who are elderly or disabled, or both. ``(2) Requirements.-- ``(A) Location.--Assistance under paragraph (1) may be provided only for services furnished in locations in which medical assistance for home-based health services is not available under a State plan under title XIX of the Social Security Act. ``(B) Trained public housing residents.--Assistance under paragraph (1) may be used only for costs of services described in paragraph (1) that are provided by public housing residents trained by an entity receiving grant funds under the pilot program established under subsection (f). ``(3) Eligibility.--To be eligible for financial assistance under this subsection an entity shall-- ``(A) provide such assurances as the Secretary shall require that it will use the funds only as provided in paragraphs (1) and (2); ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary requires; and ``(C) comply with such other terms and conditions as the Secretary shall establish to carry out this subsection. ``(h) Impact of Income on Eligibility for Housing Benefits.--For any resident of public housing who is trained as a home health aide or as a provider of home-based health services pursuant to the program under subsection (f), any income received by such resident for providing covered home-based health services shall apply towards eligibility for benefits under Federal housing programs as follows: ``(1) No income received shall apply for the 12 months after the completion of the training of such resident. ``(2) Twenty-five percent of income received shall apply for the period that is 12 to 24 months after the completion of the training of such resident. ``(3) Fifty percent of income received shall apply for the period that is 24 to 36 months after the completion of the training of such resident. ``(4) One-hundred percent of income received shall apply for any period that begins after 36 months after the completion of the training of such resident.''.

Summary: Home-Based Health Services Training and Employment Act of 2012 - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development (HUD) to establish a pilot program to make grants on a competitive basis to eligible entities for the training of public housing residents as home health aides and providers of home-based health services to enable them to provide covered home-based health services (i.e., services for which medical assistance is available under a state Medicaid plan or for which financial assistance is available under this Act) to residents of: (1) public housing who are elderly, disabled, or both; and (2) federally-assisted rental housing who are elderly, disabled, or both, subject to criteria that the Secretary may establish. Authorizes the use of grant funds: (1) to establish or maintain and carry out a program to train public housing residents to provide covered home-based health care services to elderly and disabled public housing residents and to elderly and disabled residents of federally-assisted rental housing, (2) for the transportation and child care expenses of public housing residents in training, and (3) for the administrative expenses of carrying out such a program. Provides that for any resident of public housing who is trained as a home health aide or as a provider of home-based health services under the program, any income received for providing covered home-based health services shall apply towards eligibility for benefits under federal housing programs as specified, based on length of time following completion of the training.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Credit Cost Reduction Act of 1994''. SEC. 2. TREATMENT OF ADMINISTRATIVE COSTS REGARDING DIRECT AND GUARANTEED LOANS. Paragraph (5)(A) of section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(A)) is amended by striking ``excluding'' and inserting ``including''. SEC. 3. TREATMENT OF ADMINISTRATIVE COSTS IN THE PRESIDENT'S ANNUAL BUDGET SUBMISSION. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraphs: ``(29) a separate listing of administrative costs for direct loans and loan guarantees computed on a cash accounting basis for any such loans and guarantees originating before enactment of this paragraph. ``(30) an appendix setting forth on a cash accounting basis the administrative costs of all loans and loan guarantees by program, by agency, and for the Government.''. SEC. 4. FEDERAL CREDIT SUBSIDY RATES. (a) Definition of Subsidy Rate.--Section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) is amended by adding at the end the following new paragraph: ``(10) The term `subsidy rate' for a fiscal year means-- ``(A) in the case of a direct loan, the cost of all loans made for a covered program during that year divided by the total direct loan obligations for that same covered program; and ``(B) in the case of a loan guarantee commitment, the cost of all loan guarantees incurred for a covered program during that year divided by the total amount of the loan guarantee commitments for that same covered program.''. (b) Maximum Subsidy Rates.--(1) The Federal Credit Reform Act of 1990 is amended by adding at the end the following new section: ``SEC. 508. MAXIMUM FEDERAL CREDIT SUBSIDY RATES. ``(a) Maximum Subsidy Rates.--The maximum permissible subsidy rate for each covered program for a fiscal year is the following: 40 percent for fiscal year 1995, 30 percent for fiscal year 1996, 20 percent for fiscal year 1997, 10 percent for fiscal year 1998, and 5 percent for fiscal year 1999. ``(b) Covered Programs.--The covered programs to which subsection (a) applies are the credit reform program accounts covered by the Federal Credit Reform Act of 1990. ``(c) Estimates.--The subsidy rates for a fiscal year shall be determined on the basis of estimates made by the Director of the Congressional Budget Office.''. (2) Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 507 the following new item: ``Sec. 508. Maximum Federal credit subsidy rates.''. (c) Point of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(j) It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for any fiscal year that would allow the maximum permissible subsidy rate (as set forth in section 508) for any covered program for that fiscal year to be breached.''. (d) Allocations.--(1) Section 602(a)(1)(A) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of clause (ii), by striking the comma and inserting ``; and'' at the end of clause (iii), and by inserting after clause (iii) the following new clause: ``(iv) total credit authority (that does not cause the maximum permissible subsidy rate (as set forth in section 508) for any covered program to be breached);''. (2) Section 602(a)(2) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of subparagraph (B), by inserting ``and'' at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph: ``(D) total credit authority (that does not cause the maximum permissible subsidy rate (as set forth in section 508) for any program to be breached);''. (e) Contents of Budget Resolutions.--Section 301(a) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of paragraph (6), by striking the period and inserting ``; and'' at the end of paragraph (7), and by inserting after paragraph (7) the following new paragraph: ``(8) for purposes of enforcement of section 508, the total credit authority for each covered program, but which total shall not cause the maximum permissible subsidy rate (as set forth in that section) for that program to be breached.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply with respect to fiscal years beginning after the date of enactment of this Act.

Summary: Federal Credit Cost Reduction Act of 1994 - Amends the Federal Credit Reform Act of 1990 to include administrative costs (which, currently, are expressly excluded) in the estimated long-term costs to the Government of direct loans and loan guarantees. Amends Federal law to require the President's annual budget to contain a separate listing of administrative costs for direct loans and loan guarantees on a cash accounting basis and an appendix of such costs by program, by agency, and for the Government. Establishes maximum permissible subsidy rates for each credit reform program account. Reduces such rates from 40 percent for FY 1995 to five percent by FY 1999.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Physicians Comparability Allowance Amendments of 2000''. SEC. 2. AUTHORITY MADE PERMANENT. (a) In General.-- (1) Amendment to title 5, united states code.--The second sentence of section 5948(d) of title 5, United States Code, is repealed. (2) Amendment to the federal physicians comparability allowance act of 1978.--Section 3 of the Federal Physicians Comparability Allowance Act of 1978 (5 U.S.C. 5948 note) is repealed. (b) Technical and Conforming Amendments.--Section 5948 of title 5, United States Code, is amended-- (1) by repealing paragraph (2) of subsection (j); and (2) in subsection (j)(1)-- (A) by striking ``(j)(1)'' and inserting ``(j)''; (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (C) in paragraph (5) (as so redesignated by this paragraph) by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. SEC. 3. TREATMENT OF ALLOWANCES AS PART OF BASIC PAY FOR RETIREMENT PURPOSES. (a) Definition of Basic Pay.--Section 8331(3) of title 5, United States Code, is amended-- (1) in subparagraph (F) by striking ``and'' after the semicolon; (2) in subparagraph (G) by inserting ``and'' after the semicolon; (3) by inserting after subparagraph (G) the following: ``(H) any amount received under section 5948 (relating to physicians comparability allowances);''; and (4) in the matter following subparagraph (H) (as added by paragraph (3)) by striking ``through (G)'' and inserting ``through (H)''. (b) Civil Service Retirement System.-- (1) Computation rules.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(s)(1) For purposes of this subsection, the term `physicians comparability allowance' refers to an amount described in section 8331(3)(H). ``(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a Government physician is: Less than 2 years......................................... 0 At least 2 but less than 4 years.......................... 25 At least 4 but less than 6 years.......................... 50 At least 6 but less than 8 years.......................... 75 At least 8 years.......................................... 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- ``(A) an annuity under subsection (g); and ``(B) a survivor annuity under section 8341, if based on the service of an individual who dies before separating from service.''. (2) Government physician defined.--Section 8331 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following: ``(28) `Government physician' has the meaning given that term under section 5948.''. (c) Federal Employees' Retirement System.-- (1) Computation rules.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) For purposes of this subsection, the term `physicians comparability allowance' refers to an amount described in section 8331(3)(H). ``(2) Except as otherwise provided in this subsection, no part of a physicians comparability allowance shall be treated as basic pay for purposes of any computation under this section unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician (whether performed before, on, or after the date of the enactment of this subsection). ``(3) If the condition under paragraph (2) is met, then, any amounts received by the individual in the form of a physicians comparability allowance shall (for the purposes referred to in paragraph (2)) be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the date of the enactment of this subsection, and only to the extent of the percentage allowable, which shall be determined as follows: ``If the total amount of service performed, on or after the date of Then, the percentage the enactment of this subsection, allowable is: as a Government physician is: Less than 2 years......................................... 0 At least 2 but less than 4 years.......................... 25 At least 4 but less than 6 years.......................... 50 At least 6 but less than 8 years.......................... 75 At least 8 years.......................................... 100. ``(4) Notwithstanding any other provision of this subsection, 100 percent of all amounts received as a physicians comparability allowance shall, to the extent attributable to service performed on or after the date of the enactment of this subsection, be treated as basic pay (without regard to any of the preceding provisions of this subsection) for purposes of computing-- ``(A) an annuity under section 8452; and ``(B) a survivor annuity under subchapter IV, if based on the service of an individual who dies before separating from service.''. (2) Government physician defined.--Section 8401 of title 5, United States Code, is amended by striking ``and'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``; and'', and by adding at the end the following: ``(34) the term `Government physician' has the meaning given such term under section 5948.''. (d) Conforming Amendment.--Section 5948(h)(1) of title 5, United States Code, is amended by striking ``chapter 81, 83, or 87'' and inserting ``chapter 81 or 87''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Redefines "basic pay" to include any amounts received as physicians comparability allowances as part of basic pay for Federal employee retirement purposes. Amends provisions relating to the computation of an annuity under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to prohibit any part of such an allowance from being treated as basic pay unless, before the date of the separation on which entitlement to annuity is based, the separating individual has completed at least 15 years of service as a Government physician. Requires, if such condition is met, that any amounts received by the individual as such an allowance shall be treated as basic pay, but only to the extent that such amounts are attributable to service performed on or after the enactment of this Act, and only to the extent of the percentage allowable as specified by this Act. Requires that 100 percent of all amounts received as such an allowance, to the extent attributable to service performed on or after enactment, be treated as basic pay (without regard to any of the preceding provisions of this paragraph) for purposes of computing: (1) an annuity of a disabled employee or member; and (2) a survivor annuity if based on the service of an individual who dies before separating from service.


SECTION 1. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS. (a) In General.--Section 304(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2414(a)(2)(A)) is amended by inserting after ``agreement,'' the following: ``except an investigation initiated pursuant to section 302(b)(2)(A) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (defined in section 101(d)(15) of the Uruguay Round Agreements Act) or the GATT 1994 (referred to in section 101(d)(1) of such Act) relating to products subject to intellectual property protection,''. (b) Timeframe for TRIPS Agreement Determinations.--Section 304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows: ``(A) If an investigation is initiated under this chapter by reason of section 302(b)(2) and-- ``(i) the Trade Representative considers that rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights or the GATT 1994 relating to products subject to intellectual property protection are involved, the Trade Representative shall make the determination required under paragraph (1) not later than 30 days after the date on which the dispute settlement procedure is concluded; or ``(ii) the Trade Representative does not consider that a trade agreement, including the Agreement on Trade-Related Aspects of Intellectual Property Rights), is involved or does not make a determination described in subparagraph (B) with respect to such investigation, the Trade Representative shall make the determinations required under paragraph (1) with respect to such investigation by no later than the date that is 6 months after the date on which such investigation is initiated.''. (c) Conforming Amendment.--Section 305(a)(2)(B) of the Trade Act of 1974 is amended by striking ``section 304(a)(3)(A)'' and inserting ``section 304(a)(3)(A)(ii)''. SEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA. (a) ATPA.--Section 203 of the Andean Trade Preference Act (19 U.S.C. 3202) is amended by adding at the end the following new subsection: ``(g) Petitions for Review.--The United States Trade Representative shall ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under this Act.''. (b) CBI.--Section 212 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702) is amended by adding at the end the following new subsection: ``(g) Petitions for Review.--The United States Trade Representative shall ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under this Act.''. SEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER GSP. Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) is amended by striking the semicolon at the end of paragraph (5) and adding the following: ``notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. SEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER CBI. (a) In General.--Section 212(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(c)) is amended by striking the semicolon at the end of paragraph (9) and adding the following: ``notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. (b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is amended to read as follows: ``(ii) The extent to which the country provides adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS UNDER THE ATPA. (a) In General.--Section 203(d) of the Andean Trade Preference Act (19 U.S.C. 3202(d)) is amended by striking the semicolon at the end of paragraph (9) and adding the following: ``notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act;''. (b) ATPDEA Beneficiary Country.--Section 204(b)(6)(B)(ii) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)(ii)) is amended to read as follows: ``(ii) The extent to which the country provides adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.''.

Summary: Amends the Trade Act of 1974 to require the U.S. Trade Representative (USTR) to make specified determinations about U.S. rights within 30 days after a dispute settlement procedure is concluded if the USTR considers that U.S. rights are involved under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) or the GATT 1994 relating to products subject to intellectual property protection. Amends the Andean Trade Preference Act (ATPA) and the Caribbean Basin Economic Recovery Act (CBERA) to require the USTR to ensure a timely review and disposition of requests received from an interested party that the President reconsider the status of a country as a beneficiary country under such Acts. Amends the Trade Act of 1974, CBERA, and ATPA to revise the requirement that the President, when making a determination to designate a country as a beneficiary developing country entitled to certain trade benefits, to take into account, among other things, the extent to which such country is providing adequate and effective protection of intellectual property rights. Requires the President to make such determination notwithstanding the fact that the country may be in compliance with TRIPS (thus making TRIPS compliance necessary but not sufficient evidence of adequate and effective protection of intellectual property rights).


SECTION 1. EXCISE TAXES ON ACTS OF SELF-DEALING AND PRIVATE INUREMENT BY CERTAIN TAX-EXEMPT ORGANIZATIONS. (a) In General.--Chapter 42 of the Internal Revenue Code of 1986 (relating to private foundations and certain other tax-exempt organizations) is amended by redesignating subchapter D as subchapter E and by inserting after subchapter C the following new subchapter: ``Subchapter D--Acts of Self-Dealing and Private Inurement by Certain Exempt Organizations ``Sec. 4958. Taxes on certain acts of self-dealing. ``Sec. 4959. Taxes on private inurement. ``Sec. 4960. Other definitions. ``SEC. 4958. TAXES ON CERTAIN ACTS OF SELF-DEALING. ``(a) Initial Taxes.-- ``(1) On self-dealer.--There is hereby imposed a tax on each act of self-dealing between a disqualified person and an applicable tax-exempt organization. The amount of such tax shall be 5 percent of the amount involved with respect to the act of self-dealing for each year (or part thereof) in the taxable period. The tax imposed by this paragraph shall be paid by any disqualified person (other than an organization manager acting only as such) who participates in the act of self- dealing. ``(2) On organization manager.--In any case in which a tax is imposed by paragraph (1), there is hereby imposed on the participation of any organization manager in any act of self- dealing between a disqualified person and an applicable tax- exempt organization, knowing that it is such an act, a tax equal to 2.5 percent of the amount involved with respect to such act of self-dealing for each year (or part thereof) in the taxable period, unless such participation is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by any organization manager who participated in the act of self-dealing. ``(b) Additional Taxes.-- ``(1) On self-dealer.--In any case in which an initial tax is imposed by subsection (a)(1) on any act of self-dealing between a disqualified person and an applicable tax-exempt organization and such act is not corrected within the taxable period, there is hereby imposed a tax equal to 200 percent of the amount involved. The tax imposed by this paragraph shall be paid by any disqualified person (other than an organization manager acting only as such) who participated in the act of self-dealing. ``(2) On organization manager.--In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount involved. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. ``(c) Special Rules.-- ``(1) Joint and several liability.--If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one act of self-dealing, all such persons shall be jointly and severally liable under such paragraph with respect to such act. ``(2) $10,0000 limit for management.--With respect to any one act of self-dealing, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. ``(d) Self-Dealing.--For purposes of this section-- ``(1) In general.--Except as provided by paragraph (2), the term `self-dealing' means any direct or indirect-- ``(A) transfer, lease, or license of property between an applicable tax-exempt organization and a disqualified person, and ``(B) lending of money or other extension of credit between an applicable tax-exempt organization and a disqualified person. ``(2) Exceptions.--The term `self-dealing' shall not include-- ``(A) the lending of money by a disqualified person to an applicable tax-exempt organization if the loan is without interest or other charge (determined without regard to section 7872) and if the proceeds of the loan are used exclusively for exempt purposes, ``(B) the furnishing of goods or facilities by a disqualified person to an applicable tax-exempt organization if the furnishing is without charge and if the goods or facilities so furnished are used exclusively for exempt purposes, and ``(C) any transfer, lease, or license of property if-- ``(i) such transfer, lease, or license (as the case may be) is by a disqualified person in the ordinary course of such disqualified person's trade or business and such transaction is on a basis comparable to the basis on which similar transactions are made in the ordinary course of such trade or business with other parties, or ``(ii) such transfer, lease, or license (as the case may be) is by an applicable tax-exempt organization in the ordinary course of its activities and such transaction is made on a basis comparable to the basis on which similar transactions are made in the ordinary course of such activities with other parties. ``(3) Exempt purpose.--For purposes of paragraph (2), the term `exempt purpose' means-- ``(A) in the case of an organization described in section 501(c)(3), any purpose specified in section 501(c)(3), and ``(B) in the case of an organization described in section 501(c)(4), any purposes specified in section 501(c)(4). ``(e) Other Definitions.--For purposes of this section-- ``(1) Taxable period.--The term `taxable period' means, with respect to any act of self-dealing, the period beginning with the date on which the act of self-dealing occurs and ending on the earliest of-- ``(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), ``(B) the date on which the tax imposed by subsection (a)(1) is assessed, or ``(C) the date on which correction of the act of self-dealing is completed. ``(2) Amount involved.--The term `amount involved' means, with respect to any act of self-dealing, the greater of the amount of money and fair market value of other property given, or the amount of money and fair market value of other property received. In the case of a lease or license, the amount involved is the fair market value of the leased or licensed property. For purposes of this paragraph-- ``(A) in the case of the taxes imposed by subsection (a), fair market value shall be determined as of the date on which the act of self-dealing occurs, and ``(B) in the case of the taxes imposed by subsection (b), fair market value shall be the highest fair market value during the taxable period. ``(3) Correction.--The terms `correction' and `correct' mean, with respect to any act of self-dealing transaction, undoing the transaction to the extent possible, but in any case place the applicable tax-exempt organization in a financial position not worse than that in which it would be if the disqualified person were dealing under the highest fiduciary standards. ``SEC. 4959. TAXES ON PRIVATE INUREMENT. ``(a) Initial Taxes.-- ``(1) On the organization.--There is hereby imposed on any taxable inurement a tax equal to 10 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the organization with respect to which such inurement occurred. ``(2) On the management.--There is hereby imposed on the participation of any organization manager of an organization in any taxable inurement which occurs with respect to such organization, knowing that it is taxable inurement, a tax equal to 2\1/2\ percent of the amount thereof, unless such participation is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by the organization manager who participated in the taxable inurement. ``(3) On the beneficiary.--There is hereby imposed on any taxable inurement a tax equal to 5 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the beneficiary of such inurement. ``(b) Additional Taxes.-- ``(1) On the organization.--In any case in which an initial tax is imposed by subsection (a)(1) on any taxable inurement and such inurement is not corrected within the taxable period, there is hereby imposed a tax equal to 100 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by the organization with respect to which such inurement occurred. ``(2) On the management.--In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. ``(3) On the beneficiary.--In any case in which an additional tax is imposed by paragraph (1), there is hereby imposed a tax equal to 200 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by the beneficiary of such inurement. ``(c) Taxable Inurement.--For purposes of this section, the term `taxable inurement' means any direct or indirect inurement of any part of the net earnings of an applicable tax-exempt organization to the benefit of any disqualified person. Such term shall not include any act of self-dealing on which tax is imposed under section 4958. ``(d) Special Rules.--For purposes of this section-- ``(1) Joint and several liability.--If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one taxable inurement, all such persons shall be jointly and severally liable under such paragraph with respect to such inurement. ``(2) Limit for management.--With respect to any 1 taxable inurement, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. ``(e) Other Definitions.--For purposes of this section-- ``(1) Taxable period.--The term `taxable period' means, with respect to any taxable inurement, the period beginning with the date on which the inurement occurs and ending on the earliest of-- ``(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), or ``(B) the date on which the tax imposed by subsection (a)(1) is assessed. ``(2) Correction.--The terms `correction' and `correct' mean, with respect to any taxable inurement, undoing the inurement to the extent possible, establishing safeguards to prevent future taxable inurement, and where fully undoing the inurement is not possible, such additional corrective action as is prescribed by the Secretary by regulations. ``SEC. 4960. OTHER DEFINITIONS. ``(a) Applicable Tax-Exempt Organization.--For purposes of this subchapter, the term `applicable tax-exempt organization' means any organization which (without regard to any act of self-dealing or taxable inurement) would be described in paragraph (3) or (4) of section 501(c) and exempt from tax under section 501(a). Such term shall not include any private foundation. ``(b) Disqualified Person.--For purposes of this subchapter, the term `disqualified person' means, with respect to any transaction-- ``(1) any person who was an organization manager at any time during the 5-year period ending on the date of such transaction, ``(2) any member of a family (as defined in section 4946(d)) of any person described in paragraph (1), and ``(3) any 35-percent controlled entity of persons described in paragraph (1) or (2). ``(c) Organization Manager.--For purposes of this subchapter, the term `organization manager' means, with respect to any applicable tax- exempt organization, any officer, director, or trustee of such organization (or any individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization). Such term includes any person performing substantial medical services as a physician for the applicable tax-exempt organization pursuant to an employment or other contractual relationship. ``(d) 35-Percent Controlled Entity.--For purposes of this section-- ``(1) 35-percent controlled entity.--The term `35-percent controlled entity' means-- ``(A) a corporation in which persons described in paragraph (1) or (2) of subsection (b) own more than 35 percent of the combined voting power, ``(B) a partnership in which such persons own more than 35 percent of the profits interest, and ``(C) a trust or estate in which such persons own more than 35 percent of the beneficial interest. ``(2) Constructive ownership rules.--Rules similar to the rules of paragraphs (3) and (4) of section 4946(a) shall apply for purposes of this subsection.'' (b) Application of Private Inurement Rule to Tax-Exempt Civic Leagues.--Paragraph (4) of section 501(c) of such Code is amended to read as follows: ``(4)(A) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare and no part of the net earnings of which inures to the benefit of any private shareholder or individual. ``(B) Local associations of employees-- ``(i) the membership of which is limited to the employees of a designated person or persons in a particular municipality, and ``(ii) which is operated exclusively for charitable, educational, or recreational purposes.'' (c) Technical and Conforming Amendments.-- (1) Subsection (e) of section 4955 of such Code is amended-- (A) by striking ``Section 4945'' in the heading and inserting ``Sections 4945 and 4959'', and (B) by inserting before the period ``or a taxable inurement for purposes of section 4959''. (2) Subsections (a), (b), and (c) of section 4963 of such Code are each amended by inserting ``4958, 4959,'' after ``4955,''. (3) Subsection (e) of section 6213 of such Code is amended by inserting ``4958 (relating to acts of self-dealing), 4959 (relating to private inurement),'' before ``4971''. (4) The table of subchapters for chapter 42 of such Code is amended by striking the last item and inserting the following: ``Subchapter D. Acts of self-dealing and private inurement by certain exempt organizations. ``Subchapter E. Abatement of first and second tier taxes in certain cases.'' (d) Effective Date.--The amendments made by this section shall apply to transactions occurring on or after January 1, 1994.

Summary: Amends the Internal Revenue Code to impose an excise tax on: (1) each act of self-dealing between a disqualified person and a tax-exempt organization; and (2) any direct or indirect inurement of net earnings of a tax-exempt organization to the benefit of any disqualified person. Describes a disqualified person as: (1) any organization manager; (2) any family member of an organization manager; or (3) any 35-percent controlled entity of such persons.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Syrian War Crimes Accountability Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On February 22, 2014, the United Nations Security Council unanimously adopted Resolution 2139 recognizing the escalating level of violence in Syria. (2) Credible sources estimate the death of more than 140,000 people in Syria, including 10,000 children. (3) On February 27, 2014, the Department of State issued its 2013 Human Rights Report on Syria, which described President Bashar al Assad's use of ``indiscriminate and deadly force'' in the conflict, including the August 21, 2013, use of ``sarin gas and artillery to target East Ghouta and Moadamiya al-Sham, suburbs of Damascus, which killed over 1,000 people.'' (4) The United Nations Independent International Commission of Inquiry on the Syrian Arab Republic reports that pro- government forces have conducted attacks on Syrian civilian populations, and have utilized murder, torture, assault, and rape as war tactics. Anti-government groups have also committed murder and torture, engaged in hostage-taking, attacked protected objects, and shelled civilian neighborhoods. (5) Internationally accepted rules of war require actors to distinguish between civilians and combatants and that all parties adhere to the principle of medical neutrality whereby both sides ensure unhindered access to medical care. SEC. 3. SENSE OF CONGRESS. Congress-- (1) strongly condemns the ongoing violence, use of chemical weapons, targeting of civilian populations with barrel, incendiary and cluster bombs, and SCUD missiles, and systematic gross human rights violations carried out by Government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by violent extremist groups and other combatants involved in the civil war in Syria; (2) expresses its support for the people of Syria seeking democratic change; (3) urges all parties to the conflict to immediately halt indiscriminate attacks on civilians; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) calls for a United Nations Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. SEC. 4. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES AGAINST HUMANITY IN SYRIA. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and again not later than 180 days after the cessation of violence in Syria, the Secretary of State shall submit to the appropriate congressional committees a report on war crimes and crimes against humanity in Syria. (b) Elements.--The report required under paragraph (1) shall include the following elements: (1) A description of violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, including-- (A) an account of the war crimes and crimes against humanity committed by the regime of President Bashar al-Assad; (B) an account of the war crimes and crimes against humanity committed by violent extremist groups and other combatants in the conflict; and (C) a description of the conventional and unconventional weapons used for such crimes and, where possible, the origins of the weapons. (2) A description of efforts by the Department of State and the United States Agency for International Development to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including-- (A) a description of initiatives that the United States Government has undertaken to train investigators in Syria on how to document, investigate, and develop findings of war crimes, including the number of United States Government or contract personnel currently designated to work full-time on these issues and an identification of the authorities and appropriations being used to support training efforts; (B) a description of the strategy and implementation efforts to ensure accountability for crimes committed during the Syrian conflict, including efforts to promote the establishment of an ad hoc tribunal to prosecute the perpetrators of war crimes committed during the civil war in Syria; and (C) an assessment of the impact of those initiatives. (c) Appropriate Congressional Committee Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives.

Summary: Syrian War Crimes Accountability Act of 2014 - States that Congress: (1) condemns the ongoing violence, use of chemical weapons, targeting of civilian populations, and systematic gross human rights violations carried out by government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by extremist groups and other combatants involved in the civil war in Syria; (2) supports the people of Syria seeking democratic change; (3) urges all parties to the conflict to halt attacks on civilians; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) calls for a United Nations (U.N.) Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. Direct the Secretary of State to report to Congress regarding war crimes and crimes against humanity in Syria.


SECTION 1. SHORT TITLE. This Act may be cited as the ``DXM Abuse Prevention Act of 2016''. SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(eee) The failure of a retailer to implement a verification system as required by section 506G (relating to sales of over-the- counter drugs containing dextromethorphan).''. (b) Verification System.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F of such Act (21 U.S.C. 356f) the following: ``SEC. 506G. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. ``(a) Verification System.--Any retailer selling or offering for sale in interstate commerce dextromethorphan shall implement a verification system to ensure compliance with this section. Such a system may ensure such compliance by means of-- ``(1) an electronic point-of-sale system coded to prompt for verification of the age of all purchasers of drugs described in subsection (b) and deny sales to those under the age of 18; ``(2) training manuals or materials instructing employees to verify the age of all purchasers of such drugs and deny sales to those under the age of 18; ``(3) signage in and around the sales counter outlining the age restriction on sales of such drugs; ``(4) designating one on-duty employee to approve all sales of such drugs; or ``(5) any other verification measure deemed valid by the Secretary. ``(b) Prohibition.--Except as provided in subsection (c), each retailer shall verify that no individual is under 18 years of age who purchases any drug that-- ``(1) contains dextromethorphan; and ``(2) is not subject to section 503(b)(1). ``(c) Exceptions.-- ``(1) Individuals over 26.--Subsection (b) does not require verification of the age of any individual over the age of 26. ``(2) Valid prescription.--Subsection (b) does not apply to any sale made pursuant to a validly issued prescription. ``(3) Valid military identification card.--Subsection (b) does not apply to any sale to an individual under 18 years of age if such individual supplies proof at the time of such sale that such individual is actively enrolled in the military and presents a valid military identification card. ``(d) Affirmative Defense.--It shall be an affirmative defense to an alleged violation of subsection (b) that the individual selling a drug containing dextromethorphan-- ``(1) examined the purchaser's identification card; and ``(2) based on that examination, reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(e) Definition.--In this paragraph, the term `identification card' means an identification card that-- ``(1) includes a photograph and the date of birth of the individual; and ``(2) is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (including any successor regulations).''. (c) Civil Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h) Notwithstanding subsection (a), the following provisions shall apply to violations of section 301(eee): ``(1) A person who violates section 301(eee) shall-- ``(A) receive a violation notification from the Secretary for the first such violation; and ``(B) be subject to a civil penalty in an amount-- ``(i) not more than $1,000 for the second such violation by a person; ``(ii) not more than $2,000 for the third such violation by a person; and ``(iii) not more than $5,000 for the fourth such violation, or a subsequent such violation, by a person. ``(2) In determining the amount of a civil penalty under this subsection for a person who is a retailer, the Secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of section 506G, where such program includes-- ``(A) educating employees regarding products containing dextromethorphan; ``(B) instruction on the correct method of checking a purchaser's identification card; and ``(C) notifying employees of the civil penalties under this subsection. ``(3) If a person who is a retailer transacts sales of products containing dextromethorphan at more than one physical location, for purposes of determining the number of violations by that person under this subsection, each individual physical location operated by that retailer shall be considered a separate person. ``(4) The Secretary shall notify persons found to have violated section 301(eee) as soon as practicable after the Secretary discovers such violation. Such notification shall include the date and time when the violation was observed to occur. ``(5) Notwithstanding any other provision of this subsection or section 301(eee), an employee shall not be subject to penalties under this subsection unless such employee knowingly and willfully participates in a conspiracy to violate section 301(eee). For purposes of this paragraph, a conspiracy shall consist of an agreement between 2 or more persons with the intent to violate section 301(eee) and the commission of at least one overt act in furtherance of the agreement. ``(6) In this subsection-- ``(A) the term `employee' means an individual who is employed by a retailer in a clerical or other non- managerial position; and ``(B) the term `retailer' means a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, including any sales made by the Internet or other means.''. SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is amended-- (1) in section 501, by adding at the end the following: ``(k) If it is unfinished dextromethorphan and is possessed, received, or distributed in violation of section 506H.''; (2) by inserting after section 506G, as added by section 2(b), the following: ``SEC. 506H. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN. ``(a) In General.--No person shall-- ``(1) possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or ``(2) distribute unfinished dextromethorphan to any person other than a person registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. ``(b) Exception for Common Carriers.--This section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a) as registered, licensed, or approved. ``(c) Definitions.--In this section: ``(1) The term `common carrier' means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States. ``(2) The term `unfinished dextromethorphan' means dextromethorphan that is not contained in a drug that is in finished dosage form.''; and (3) by amending section 303, as amended by section 2(c), by adding at the end the following: ``(i) Notwithstanding subsection (a), a person who violates section 506H shall be subject to a civil penalty of not more than $100,000.''.

Summary: DXM Abuse Prevention Act of 2016 This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of a drug containing dextromethorphan (DXM) to an individual under age 18 unless the individual has a prescription or is actively enrolled in the military. Civil monetary penalties that escalate upon repeated violation are imposed. To possess or receive unfinished DXM, a person must be registered with the Department of Health and Human Services as a producer of a drug or medical device or otherwise allowed to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. Unfinished DXM may be distributed only to these authorized persons. Common carriers distributing unfinished DXM between authorized persons are exempted. Civil monetary penalties are imposed for possession and distribution violations.