SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Farmer Bankruptcy
Clarification Act of 2017''.

SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS
              ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER
              12 BANKRUPTCIES.

    (a) In General.--Subchapter II of chapter 12 of title 11, United
States Code, is amended by adding at the end the following:
``Sec. 1232. Claim by a governmental unit based on the disposition of
              property used in a farming operation
    ``(a) Any unsecured claim of a governmental unit against the debtor
or the estate that arises before the filing of the petition, or that
arises after the filing of the petition and before the debtor's
discharge under section 1228, as a result of the sale, transfer,
exchange, or other disposition of any property used in the debtor's
farming operation--
            ``(1) shall be treated as an unsecured claim arising before
        the date on which the petition is filed;
            ``(2) shall not be entitled to priority under section 507;
            ``(3) shall be provided for under a plan; and
            ``(4) shall be discharged in accordance with section 1228.
    ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and
1229(b)(1) to a claim described in subsection (a) of this section, the
amount that would be paid on such claim if the estate of the debtor
were liquidated in a case under chapter 7 of this title shall be the
amount that would be paid by the estate in a chapter 7 case if the
claim were an unsecured claim arising before the date on which the
petition was filed and were not entitled to priority under section 507.
    ``(c) For purposes of applying sections 523(a), 1228(a)(2), and
1228(c)(2) to a claim described in subsection (a) of this section, the
claim shall not be treated as a claim of a kind specified in section
523(a)(1).
    ``(d)(1) A governmental unit may file a proof of claim for a claim
described in subsection (a) that arises after the date on which the
petition is filed.
    ``(2) If a debtor files a tax return after the filing of the
petition for a period in which a claim described in subsection (a)
arises, and the claim relates to the tax return, the debtor shall serve
notice of the claim on the governmental unit charged with the
responsibility for the collection of the tax at the address and in the
manner designated in section 505(b)(1). Notice under this paragraph
shall state that the debtor has filed a petition under this chapter,
state the name and location of the court in which the case under this
chapter is pending, state the amount of the claim, and include a copy
of the filed tax return and documentation supporting the calculation of
the claim.
    ``(3) If notice of a claim has been served on the governmental unit
in accordance with paragraph (2), the governmental unit may file a
proof of claim not later than 180 days after the date on which such
notice was served. If the governmental unit has not filed a timely
proof of the claim, the debtor or trustee may file proof of the claim
that is consistent with the notice served under paragraph (2). If a
proof of claim is filed by the debtor or trustee under this paragraph,
the governmental unit may not amend the proof of claim.
    ``(4) A claim filed under this subsection shall be determined and
shall be allowed under subsection (a), (b), or (c) of section 502, or
disallowed under subsection (d) or (e) of section 502, in the same
manner as if the claim had arisen immediately before the date of the
filing of the petition.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--Subchapter II of chapter 12 of title 11,
        United States Code, is amended--
                    (A) in section 1222(a)--
                            (i) in paragraph (2), by striking
                        ``unless--'' and all that follows through ``the
                        holder'' and inserting ``unless the holder'';
                            (ii) in paragraph (3), by striking ``and''
                        at the end;
                            (iii) in paragraph (4), by striking the
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(5) subject to section 1232, provide for the treatment of
        any claim by a governmental unit of a kind described in section
        1232(a).'';
                    (B) in section 1228--
                            (i) in subsection (a)--
                                    (I) in the matter preceding
                                paragraph (1)--
                                            (aa) by inserting a comma
                                        after ``all debts provided for
                                        by the plan''; and
                                            (bb) by inserting a comma
                                        after ``allowed under section
                                        503 of this title''; and
                                    (II) in paragraph (2), by striking
                                ``the kind'' and all that follows and
                                inserting ``a kind specified in section
                                523(a) of this title, except as
                                provided in section 1232(c).''; and
                            (ii) in subsection (c)(2), by inserting ``,
                        except as provided in section 1232(c)'' before
                        the period at the end; and
                    (C) in section 1229(a)--
                            (i) in paragraph (2), by striking ``or'' at
                        the end;
                            (ii) in paragraph (3), by striking the
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(4) provide for the payment of a claim described in
        section 1232(a) that arose after the date on which the petition
        was filed.''.
            (2) Table of sections.--The table of sections for
        subchapter II of chapter 12 of title 11, United States Code, is
        amended by adding at the end the following:

``1232. Claim by a governmental unit based on the disposition of
                            property used in a farming operation.''.
    (c) Effective Date.--The amendments made by this section shall
apply to any bankruptcy case that--
            (1) is pending on the date of enactment of this Act and
        relating to which an order of discharge under section 1228 of
        title 11, United States Code, has not been entered; or
            (2) commences on or after the date of enactment of this
        Act.

Summary: Family Farmer Bankruptcy Clarification Act of 2017 This bill amends the federal bankruptcy code to include an unsecured claim by a governmental unit resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Reform Act of 2003''.

SEC. 2. ESTABLISHMENT.

    There is established a national commission to be known as the
``Government Reform Commission''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Commission'' means the Government Reform
        Commission.
            (2) The term ``documents'' means books, records, papers,
        accounts, transcripts, transcriptions, and reports, in whatever
        form or medium they may be preserved.
            (3) The term ``executive agency'' has the meaning given the
        term in section 105 of title 5, United States Code.
            (4) The term ``member'' means a member of the Commission.

SEC. 4. MEMBERSHIP.

    (a) Numbers, Appointment, and Qualifications.--The Commission shall
be composed of 12 members, appointed by the President, from among
persons who possess--
            (1) a degree or an advanced degree in the field of business
        management or public administration; or
            (2) a significant background in business supervision,
        management, and administration.
    (b) Consultation.--Of the members appointed under subsection (a)--
            (1) one member shall be appointed following consultation
        with the Speaker of the House of Representatives;
            (2) one member shall be appointed following consultation
        with the minority leader of the House of Representatives;
            (3) one member shall be appointed following consultation
        with the President pro Tempore of the Senate; and
            (4) one member shall be appointed following consultation
        with the minority leader of the Senate.
    (c) Additional Requirements.--The members shall also satisfy the
following additional requirements:
            (1) Each member shall be a United States citizen and shall
        reside in the United States.
            (2) Not more than four members shall be from the same
        political party, excluding those members appointed following
        consultation required under subsection (b).
            (3) A member may not currently hold or have held within the
        preceeding five years any paid position with any local or State
        government or executive agency.
            (4) A member may not be a party to an ongoing and
        continuing contract with any local or State government or
        executive agency, or be an employee of an entity that is a
        party to such a contract.
            (5) A member may not be a lobbyist, as defined by either
        State or Federal law at the time of the appointment of the
        member.
    (d) Operation.--
            (1) Appointment.--Members shall be appointed not later than
        30 days from the date of enactment of this Act.
            (2) Chairperson.--The President shall designate one member
        to serve as chairperson of the Commission.
            (3) Terms.--Each member shall be appointed for a term of
        two years and may be reappointed for a second term of two
        years. No member shall serve more than four years on the
        Commission.
            (4) Quorum.--Six members shall constitute a quorum for the
        purpose of conducting a session of the Commission, but a lesser
        number may conduct hearings.
            (5) Compensation.--Members shall serve without pay, but
        members 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.
            (6) Professional staff.--The Commission may employ,
        pursuant to laws and regulations governing the civil service,
        an executive secretary and any clerical, professional, and
        technical assistants as may be necessary.
            (7) Mandatory resignation.--In the event that a member
        accepts a position as an officer or employee of any local or
        State government or executive agency, the member shall resign
        from the Commission within 30 days from the date the member
        accepts such position.
            (8) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made. The
        appointment of the replacement member shall be made not later
        than 30 days after the date on which the vacancy occurs.

SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS.

    (a) Review of Executive Agencies.--
            (1) In general.--The Commission shall--
                    (A) examine the current configuration of executive
                agencies and investigate their duties and
                responsibilities; and
                    (B) review the operational jurisdictions of
                executive agencies to determine whether areas of
                overlap exist and whether the mission of any agency has
                become obsolete.
            (2) Process.--As part of the review under paragraph (1),
        the Commission shall identify and address--
                    (A) opportunities for increasing efficiency and
                reducing costs in executive agencies as a result of
                executive action or legislation;
                    (B) areas within executive agencies where
                managerial accountability can be enhanced and
                administrative control can be improved;
                    (C) any Federal programs that have accomplished
                their original objectives and should be terminated;
                    (D) any Federal services that could be provided at
                lower cost by the private sector;
                    (E) budget process reforms that could yield
                savings, increase accountability and efficiency, and
                enhance public confidence in the budget process; and
                    (F) areas for further study based on likelihood for
                potential savings.
    (b) Review of Prior Reform Efforts.--
            (1) In general.--The Commission shall review existing
        Government Accounting Office, Congressional Budget Office, and
        Inspector General reports, together with any other existing
        governmental and nongovernmental recommendations, including
        recommendations offered by the President's Private Sector
        Survey on Cost Control, for reducing waste in executive
        agencies.
            (2) Reports.--Based on the review under paragraph (1), the
        Commission shall periodically submit to the President and
        Congress reports which shall include the following:
                    (A) A list of such recommendations to reduce waste
                in executive agencies that the Commission determines
                are most significant.
                    (B) The estimated cost savings of the
                recommendations.
                    (C) A determination of whether the recommendations
                can be implemented by executive order or whether they
                instead require legislative action.
    (c) Proposed Reorganization Plan.--
            (1) In general.--Upon completion of the reviews required
        under subsections (a) and (b), but not later than July 15,
        2004, the Commission shall submit to the President and Congress
        a proposed reorganization plan for executive agencies. The
        proposed reorganization plan shall provide for the realignment
        or closure of executive agencies to reduce duplication of
        services and increase productivity.
            (2) Visitation.--The Commission may not recommend an
        executive agency for realignment or closure unless at least one
        member has visited the executive agency prior to January 1,
        2004, as part of the review conducted under subsection (a).
            (3) Transmittal.--The Commission shall transmit a copy of
        the proposed reorganization plan to the Director of the Office
        of Management and Budget, who shall prepare and issue a public
        report that details the predicted savings in Federal
        expenditures that would result from implementing the
        reorganization plan.
    (d) Hearings and Sessions.--
            (1) In general.--The Commission shall meet in session at
        least once per month at the call of the chairperson.
        Additionally, as part of its review process, the Commission
        shall conduct three public hearings across the United States.
        The final hearing shall be held in Washington, D.C., not later
        than March 1, 2004.
            (2) Additional powers.--The Commission may--
                    (A) meet at additional times and places that it may
                consider appropriate;
                    (B) issue subpoenas to compel the attendance of
                witnesses and the production of documents;
                    (C) administer oaths; and
                    (D) contract, as it considers appropriate, for the
                provision of services, facilities, studies, and reports
                that will assist the Commission in carrying out its
                duties, responsibilities, and powers.

SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN.

    (a) Presidential Consideration.--No later than August 1, 2004, the
President shall act on the proposed reorganization plan submitted by
the Commission, either by approving the plan without alteration or
amendment, or by returning the plan to the Commission for review. If
the President returns the plan to the Commission, the President shall
include such proposed revisions to the plan as the President considers
appropriate.
    (b) Review and Revision.--If the proposed reorganization plan is
returned to the Commission for revision, the Commission shall have 30
days in which to review the Presidential recommendations submitted
under subsection (a) and to revise the plan. The Commission may, at its
discretion, incorporate any recommendations proposed by the President
to the plan.
    (c) Resubmission.--At the conclusion of the 30-day period, the
Commission shall resubmit the reorganization plan to the President and
Congress and retransmit a copy of such plan to the Director of the
Office of Management and Budget. The Director shall prepare and issue a
revised public report that details the predicted savings in federal
expenditures that would result from implementing the revised
reorganization.
    (d) Effect of Rejection.--If the President rejects the resubmitted
reorganization plan, such rejection shall conclude the reorganization
process for the year under this Act. The Commission may, following
reconsideration and at least one public hearing, resubmit a revised
reorganization plan in the following year.

SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN.

    (a) Submission to Congress.--If the President approves the proposed
reorganization plan submitted by the Commission, the President shall
submit the reorganization plan, free of alterations or amendments, to
Congress.
    (b) Effective Date.--
            (1) Congressional consideration.--The reorganization plan
        submitted under subsection (a) shall be deemed to be a
        reorganization plan submitted under chapter 9 of title 5,
        United States Code, except that the reorganization plan shall
        take effect on the first day following 60 calendar days of
        continuous session of Congress, beginning on the date on which
        the plan is submitted, or a later date as may be provided by
        the plan, unless Congress enacts a joint resolution rejecting
        the reorganization plan.
            (2) Suspension of section.--This Act shall be valid for all
        intents and purposes notwithstanding section 905(b) of title 5,
        United States Code.
    (c) Reorganization.--Unless the reorganization plan is rejected as
provided in subsection (b), those executive agencies recommended for
realignment or closure in the reorganization plan shall be realigned or
closed beginning as soon as practicable after the effective date of the
reorganization plan, and completed within three years after the
effective date.

SEC. 8. TERMINATION.

    The Commission shall terminate at the end of the 30-day period
beginning on the effective date of the reorganization plan or the date
a joint resolution rejecting the reorganization plan is enacted.

SEC. 9. FUNDING AND SUPPORT.

    The Commission shall be funded, staffed, and equipped without cost
to the Federal Government. To accomplish this objective, the Secretary
of Commerce shall engage in a joint project with a nonprofit
organization in accordance with the first section of Public Law 91-412
(15 U.S.C. 1525).

Summary: Government Reform Act of 2003 - Establishes a Government Reform Commission to: (1) examine the current configuration of executive agencies and investigate their duties and responsibilities. (2) review agency operational jurisdictions to determine whether areas of overlap exist and whether the mission of any agency has become obsolete. (3) review and report to the President and Congress on existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including those offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies. (4) submit to the President and Congress a proposed reorganization plan which shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity. And (5) transmit a copy of the plan to the Director of the Office of Management and Budget, who shall issue a public report detailing the predicted savings in Federal expenditures that would result from implementing such plan. Sets forth separate provisions for presidential and congressional consideration of and actions on the proposed reorganization plan.

To create a national commission, modeled after the successful Defense Base Closure and Realignment Commission, to establish a timely, independent, and fair process for realigning or closing outdated, ineffective, or inefficient executive agencies.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Underage Drinking Prevention Act of
2007''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) While underage drinking has been on the decline for
        more than 20 years, the consumption of beverage alcohol by
        underage youth is an ongoing national concern. According to the
        Substance Abuse and Mental Health Services Administration, 10.8
        million Americans between the ages of 12 to 20 for whom alcohol
        is illegal report current alcohol use, approximately 28 percent
        of that age group.
            (2) Data from the National Academy of Sciences/Institute of
        Medicine, the Federal Trade Commission, the Century Council and
        the American Medical Association show that most youth who drink
        obtain alcohol primarily through noncommercial sources, such as
        family and friends.
            (3) According to research conducted by Teenage Research
        Unlimited (TRU) for the Century Council, 10-18 year olds say
        parents and school teachers should begin discussing the dangers
        and consequences of underage drinking with children by age 11.
            (4) The role of parents in reducing underage drinking,
        particularly among middle-school aged children, is critical.
        Numerous studies confirm the crucial role parents play in
        shaping the behavior and decisionmaking skills of their
        children. For example, a study reported in Health Education and
        Behavior, February 2001, suggests that parental involvement is
        associated with a 67 percent less likelihood of drinking.
            (5) The Surgeon General's 2007 Call to Action to Prevent
        and Reduce Underage Drinking recognizes that significant social
        transitions, such as moving from elementary school to middle
        school or from middle school to high school may increase the
        likelihood that adolescents will use alcohol, in part because
        they increase adolescent stress levels. Additionally, evidence
        shows that youth who spend more time engaged in volunteering,
        sports, music, academics and leadership are less likely to
        engage in risky behaviors, such as alcohol use.
            (6) According to a 2004 study published in the Journal of
        Adolescent Health, ``Adults' Approval and Adolescents' Alcohol
        Use,'' one in five teens reported drinking alcohol that was
        provided by a parent or a friend's parent at a party.
        Additionally, researchers found that such provision of alcohol
        significantly increased the likelihood of regular and binge
        drinking.
            (7) A 2003 report submitted to Congress by the National
        Academy of Sciences Institute of Medicine recommended that
        underage drinking cannot be successfully addressed by focusing
        on youth alone. Two out of three teens (aged 13 to 18) said it
        is easy to get alcohol from their homes without their parents
        knowing it. Thirty-three percent of teens responded that it is
        easy to obtain alcohol from their own parents (knowingly); this
        increases to 40 percent when it is from a friend's parent.
            (8) The Surgeon General's 2007 Call to Action to Prevent
        and Reduce Underage Drinking supports holding adults
        accountable for underage drinking at house parties, even when
        those adults are not at home.
            (9) In nearly 20 States, legislatures are considering bills
        to increase penalties for adults who provide alcohol to people
        under the age of 21. Those penalties include higher fines,
        driver's license suspensions and even jail.
            (10) The Surgeon General's 2007 Call to Action to Prevent
        and Reduce Underage Drinking includes the need for complete and
        timely information on patterns and trends in youth alcohol
        consumption in order to develop and evaluate prevention
        strategies. Additionally, reports from the General Accounting
        Office and the Department of Health and Human Services
        demonstrate the need for better data collection and effective
        evaluation of on-going programs.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that:
            (1) Understanding which programs are effective in reducing
        underage drinking will maximize scarce Federal resources and
        help the nation confront underage drinking in a more effective
        and cost-efficient manner and enable local communities to
        implement the most effective tactics to reduce underage
        drinking.
            (2) Evaluation is necessary. Therefore the Substance Abuse
        and Mental Health Services Administration should explore ways
        to expand and improve evaluation efforts while preserving and
        continuing current programs and funding in the interest of
        achieving maximum effectiveness.
            (3) The Substance Abuse and Mental Health Services
        Administration should continue to improve evaluation efforts
        and national outcome measures (NOMS) reporting in the Substance
        Abuse Prevention and Treatment Block Grant and other grant
        programs, when appropriate.
            (4) Federal agencies should strive to evaluate all
        federally funded underage drinking programs and modify programs
        as needed to reach maximum effectiveness in reducing underage
        drinking.

SEC. 4. ENFORCEMENT AND PUBLIC EDUCATION GRANTS TO REDUCE SOCIAL
              SOURCES OF UNDERAGE DRINKING.

    (a) Purposes.--The purposes of this section are to--
            (1) increase enforcement of underage drinking that occurs
        at house parties across the nation and instances of adults
        providing alcohol to people under age 21;
            (2) inform the public of the legal consequences of
        providing alcohol to people under the minimum drinking age of
        21;
            (3) educate the public that the majority of people who
        drink underage are obtaining their alcohol from social sources
        such as family and friends; and
            (4) enhance, not supplant, effective local community
        initiatives for enforcing underage drinking laws.
    (b) Authorization of Program.--
            (1) In general.--The Director of the Office of Juvenile
        Justice and Delinquency Programs (in this section referred to
        as the ``Director'') shall award grants to States and units of
        local government to implement and evaluate enforcement and
        public education programs aimed at reducing the provision of
        alcohol by social sources to underage drinkers as part of the
        Enforcing Underage Drinking Laws Program.
            (2) Supplement, not supplant.--Funds provided under this
        section shall be used to supplement and not supplant funds
        expended for existing programs related to the prevention of
        underage drinking and the enforcement of underage drinking
        laws.
    (c) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or unit of local government, or a consortia of
States or such units, shall prepare and submit to the Director an
application at such time, in such manner, and containing such
information as the Director may require, which shall include--
            (1) a description of the activities to be carried out under
        the grant; and
            (2) an assurance that the applicant will submit to the
        Director an annual report concerning the effectiveness of the
        programs and activities carried out under the grant.
    (d) Uses of Funds.--Each State or unit of local government that
receives a grant under this section shall use the grant funds to carry
out the activities described in the application submitted by such State
or unit under subsection (c).
    (e) Administrative Expenses.--Not more than 6 percent of a grant
awarded under this section may be expended for administrative expenses.
    (f) Definition.--In this section, the term ``social source'' means
a noncommercial individual (including family members, friends or other
individuals) who intentionally provide or serve alcohol to underage
drinkers or knowingly allow underage drinking to occur on property they
own, lease or otherwise control (recognizing that State laws do provide
exceptions for some individuals under certain circumstances).
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2008 and 2009, and such sums as may be necessary for each
subsequent fiscal year.

SEC. 5. IMPROVED DATA COLLECTION AND REPORTING.

    (a) In General.--The Secretary of Health and Human Services, in his
role as Chair of the Interagency Coordinating Committee on the
Prevention of Underage Drinking authorized in section 519B(c) of the
Public Health Service Act (42 U.S.C. 290bb-25b(c)), shall work with
members of such Committee to improve Federal collection of data related
to underage drinking by ensuring that federally funded surveys related
to underage drinking collect and report data in a consistent manner to
accurately reflect underage drinking that allows users of such data
to--
            (1) compare the results of surveys conducted and reports
        issued by various entities; and
            (2) isolate such data with respect to the demographic
        category of individuals who are under the age of 21.
    (b) Establishment of Federal Data Collection Improvement
Committee.--
            (1) In general.--The Secretary of Health and Human
        Services, in his role as Chair of the Interagency Coordinating
        Committee on the Prevention of Underage Drinking, shall
        establish a Federal data improvement committee with
        representatives from each member of the Interagency
        Coordinating Committee.
            (2) Committee tasks.--In working to improve Federal data
        collection on underage drinking, the Federal data improvement
        committee under paragraph (1) shall undertake the following
        efforts in addition to any other tasks requested by the
        Secretary:
                    (A) The committee shall review ways to preserve
                trend data while simultaneously increasing the
                consistency of data collection.
                    (B) The Committee shall review all Federal data
                collected on underage drinking and ensure that all data
                collected allows for the demographic breakdown of data
                related to individuals who are under the age of 21.
                    (C) The Committee shall review State data that is
                made available from research conducted or supported by
                States, that is gathered in whole or in part with the
                use of Federal funds to ensure timely reporting and
                publishing of State data on underage drinking.
                    (D) The Committee shall consult with the Substance
                Abuse and Mental Health Services Administration to
                ensure continuation and expansion of work between State
                Epidemiological Work Groups and statewide advisory
                committees for the Strategic Prevention Framework State
                Incentive Grants in improving data collection on
                underage drinking.
                    (E) The Committee shall establish short-term and
                long-term goals with respect to improving Federal data
                collection not later than one year after the date of
                the enactment of this Act.
                    (F) The Committee shall consult with States, public
                and private entities (including institutions of higher
                education), public health and consumer organizations,
                the beverage alcohol industry, and other users of
                Federal data on underage drinking with respect to the
                use of such Federal data and recommendations for
                improvements to the collection and reporting of such
                Federal data.

SEC. 6. GRANTS TO INCREASE PARENTAL INVOLVEMENT IN SCHOOL-BASED EFFORTS
              TO PREVENT UNDERAGE DRINKING.

    (a) Authorization of Program.--
            (1) In general.--The Secretary of Education shall award
        grants on a competitive basis to local educational agencies to
        develop and implement innovative and effective programs to
        increase parental awareness and involvement in reducing
        underage drinking in elementary and secondary schools.
            (2) Supplement, not supplant.--Funds provided under this
        section shall be used to supplement and not supplant funds
        expended for the Safe and Drug-Free Schools and Communities
        Act.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), a local educational agency shall prepare and submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require. Such
application shall include--
            (1) a description of the activities to be carried out under
        the grant;
            (2) an assurance that such activities will meet the
        principles of effectiveness described in section 4115 of the
        Safe and Drug-Free Schools and Communities Act (20 U.S.C.
        7115); and
            (3) an assurance that the applicant will evaluate its
        program and submit a report to the Secretary concerning the
        effectiveness of the programs and activities carried out under
        the grant.
    (c) Highlight Existing Effective Programs.--The Secretary shall
identify existing, effective, national programs that increase
interaction between parents and children to prevent underage drinking,
and shall disseminate information on those programs to local
educational agencies as model programs for replication at the local
level.
    (d) Administrative Expenses.--Not more than 6 percent of a grant
awarded under this section may be expended for administrative expenses.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the
fiscal years 2008 and 2009, and such sums as may be necessary for each
subsequent fiscal year.

Summary: Underage Drinking Prevention Act of 2007 - Expresses the sense of Congress that: (1) understanding which programs are effective in reducing underage drinking will maximize scarce federal resources and help confront underage drinking in a more effective, cost-efficient manner. (2) the Substance Abuse and Mental Health Services Administration should explore ways to expand and improve evaluation efforts. And (3) federal agencies should strive to evaluate all federally funded underage drinking programs and modify programs as needed to reach maximum effectiveness. Requires the Director of the Office of Juvenile Justice and Delinquency Programs to award grants to states and local governments to implement and evaluate enforcement and public education programs aimed at reducing the provision of alcohol by social sources to underage drinkers as part of the Enforcing Underage Drinking Laws Program. Directs the Secretary of Health and Human Services, as Chair of the Interagency Coordinating Committee on the Prevention of Underage Drinking, to: (1) work with members of that Committee to improve federal data collection by ensuring that federally funded surveys related to underage drinking collect and report data in a consistent manner. And (2) establish a federal data improvement committee. Requires the Secretary of Education to: (1) award grants on a competitive basis to local educational agencies to develop and implement innovative and effective programs to increase parental awareness and involvement in reducing underage drinking in elementary and secondary schools. And (2) identify existing, effective, national programs that increase parent-child interaction to prevent underage drinking and disseminate that information to such agencies for replication at the local level.

To establish a grant to increase enforcement of laws to prohibit underage drinking through social sources, to improve reporting of Federal underage drinking data, to establish grants to increase parental involvement in school-based efforts to reduce underage drinking, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Antitrust Anti-Retaliation
Act''.

SEC. 2. AMENDMENT TO ACPERA.

    The Antitrust Criminal Penalty Enhancement and Reform Act of 2004
(Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after
section 215 the following:

``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.

    ``(a) Whistleblower Protections for Employees, Contractors,
Subcontractors, and Agents.--
            ``(1) In general.--No person, or any officer, employee,
        contractor, subcontractor or agent of such person, may
        discharge, demote, suspend, threaten, harass, or in any other
        manner discriminate against a whistleblower in the terms and
        conditions of employment because--
                    ``(A) the whistleblower provided or caused to be
                provided to the person or the Federal Government
                information relating to--
                            ``(i) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of the antitrust laws; or
                            ``(ii) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of another criminal law
                        committed in conjunction with a potential
                        violation of the antitrust laws or in
                        conjunction with an investigation by the
                        Department of Justice of a potential violation
                        of the antitrust laws; or
                    ``(B) the whistleblower filed, caused to be filed,
                testified, participated in, or otherwise assisted an
                investigation or a proceeding filed or about to be
                filed (with any knowledge of the employer) relating
                to--
                            ``(i) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of the antitrust laws; or
                            ``(ii) any violation of, or any act or
                        omission the whistleblower reasonably believes
                        to be a violation of another criminal law
                        committed in conjunction with a potential
                        violation of the antitrust laws or in
                        conjunction with an investigation by the
                        Department of Justice of a potential violation
                        of the antitrust laws.
            ``(2) Limitation on protections.--Paragraph (1) shall not
        apply to any whistleblower if--
                    ``(A) the whistleblower planned and initiated a
                violation or attempted violation of the antitrust laws;
                    ``(B) the whistleblower planned and initiated a
                violation or attempted violation of another criminal
                law in conjunction with a violation or attempted
                violation of the antitrust laws; or
                    ``(C) the whistleblower planned and initiated an
                obstruction or attempted obstruction of an
                investigation by the Department of Justice of a
                violation of the antitrust laws.
            ``(3) Definitions.--In the section:
                    ``(A) Person.--The term `person' has the same
                meaning as in subsection (a) of the first section of
                the Clayton Act (15 U.S.C. 12(a)).
                    ``(B) Antitrust laws.--The term `antitrust laws'
                means section 1 or 3 of the Sherman Act (15 U.S.C. 1,
                3) or similar State law.
                    ``(C) Whistleblower.--The term `whistleblower'
                means an employee, contractor, subcontractor, or agent
                protected from discrimination under paragraph (1).
    ``(b) Enforcement Action.--
            ``(1) In general.--A whistleblower who alleges discharge or
        other discrimination by any person in violation of subsection
        (a) may seek relief under subsection (c) by--
                    ``(A) filing a complaint with the Secretary of
                Labor; or
                    ``(B) if the Secretary has not issued a final
                decision within 180 days of the filing of the complaint
                and there is no showing that such delay is due to the
                bad faith of the claimant, bringing an action at law or
                equity for de novo review in the appropriate district
                court of the United States, which shall have
                jurisdiction over such an action without regard to the
                amount in controversy.
            ``(2) Procedure.--
                    ``(A) In general.--A complaint filed with the
                Secretary of Labor under paragraph (1)(A) shall be
                governed under the rules and procedures set forth in
                section 42121(b) of title 49, United States Code.
                    ``(B) Exception.--Notification made under section
                42121(b)(1) of title 49, United States Code, shall be
                made to the person named in the complaint and to the
                employer.
                    ``(C) Burdens of proof.--A complaint filed with the
                Secretary of Labor under paragraph (1) shall be
                governed by the legal burdens of proof set forth in
                section 42121(b) of title 49, United States Code.
                    ``(D) Statute of limitations.--A complaint under
                paragraph (1)(A) shall be filed with the Secretary of
                Labor not later than 180 days after the date on which
                the violation occurs.
                    ``(E) Civil actions to enforce.--If a person fails
                to comply with an order or preliminary order issued by
                the Secretary of Labor pursuant to the procedures in
                section 42121(b), the Secretary of Labor or the person
                on whose behalf the order was issued may bring a civil
                action to enforce the order in the district court of
                the United States for the judicial district in which
                the violation occurred.
    ``(c) Remedies.--
            ``(1) In general.--A whistleblower prevailing in any action
        under subsection (b)(1) shall be entitled to all relief
        necessary to make the whistleblower whole.
            ``(2) Compensatory damages.--Relief for any action under
        paragraph (1) shall include--
                    ``(A) reinstatement with the same seniority status
                that the whistleblower would have had, but for the
                discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages
                sustained as a result of the discrimination including
                litigation costs, expert witness fees, and reasonable
                attorney's fees.
    ``(d) Rights Retained by Whistleblowers.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
whistleblower under any Federal or State law, or under any collective
bargaining agreement.''.

Summary: Criminal Antitrust Anti-Retaliation Act - Prohibits discharging or in any other manner discriminating against a whistleblower in terms and conditions of employment because: (1) the whistleblower provided information to the employer or the federal government concerning a violation of antitrust law or another criminal law committed in conjunction with a potential violation of antitrust law. Or (2) the whistleblower participated in, or otherwise assisted, an investigation relating to such a violation. Allows a whistleblower who alleges discharge or other discrimination to seek relief: (1) by filing a complaint with the Secretary of Labor. Or (2) if the Secretary has not issued a final decision within 180 days of filing such complaint, to bring an action at law or equity. Entitles a whistleblower who prevails in any such action to all relief necessary to make such whistleblower whole.

A bill to provide anti-retaliation protections for antitrust whistleblowers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New War on Cancer Act''.

SEC. 2. NONPATENT MARKET EXCLUSIVITY FOR CANCER DRUGS.

     Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by adding at the end the following subchapter:

                      ``Subchapter G--Cancer Drugs

``SEC. 575. RECOMMENDATIONS FOR INVESTIGATIONS OF CANCER DRUGS.

    ``(a) Request for Recommendations.--The sponsor of a drug intended
for use for cancer (referred to in this subchapter as a `cancer drug')
may request the Secretary to provide written recommendations for the
nonclinical and clinical investigations which must be conducted with
the drug before--
            ``(1) it may be approved for use for cancer under section
        505; or
            ``(2) if the drug is a biological product, it may be
        licensed for use for cancer under section 351 of the Public
        Health Service Act.
    ``(b) Recommendations.--If the Secretary has reason to believe that
a drug for which a request is made under subsection (a) is a cancer
drug, the Secretary shall provide the person making the request written
recommendations for the nonclinical and clinical investigations which
the Secretary believes, on the basis of information available to the
Secretary at the time of the request, would be necessary for--
            ``(1) approval of such drug for use for cancer under
        section 505; or
            ``(2) licensing of such drug for use for cancer under
        section 351 of the Public Health Service Act.
    ``(c) Regulations.--The Secretary shall by regulation promulgate
procedures for the implementation of subsections (a) and (b).

``SEC. 576. DESIGNATION OF CANCER DRUGS.

    ``(a) Request for Designation.--The sponsor of a drug may request
the Secretary to designate the drug as a cancer drug. A request for
designation of a drug shall be made before the submission of an
application under section 505(b) for the drug, or the submission of an
application for licensing of the drug under section 351 of the Public
Health Service Act. Such a request shall contain the consent of the
applicant to notice being given by the Secretary under subsection (c)
respecting the designation of the drug.
    ``(b) Designation.--In the case of a drug for which a request is
submitted under subsection (a), the Secretary shall designate the drug
as a cancer drug if the Secretary finds that the drug is being or will
be investigated for use for cancer.
    ``(c) Conditions.--A designation of a drug under subsection (b)
shall be subject to the condition that--
            ``(1) after an application is approved for the drug under
        section 505(b) or a license is issued for the drug under
        section 351 of the Public Health Service Act, the manufacturer
        of the drug will notify the Secretary of any discontinuance of
        the production of the drug at least one year before
        discontinuance; and
            ``(2) before an application is approved for the drug under
        section 505(b) or a license is issued for the drug under
        section 351 of the Public Health Service Act, the sponsor of
        the drug will notify the Secretary of any decision to
        discontinue active pursuit of approval of an application under
        section 505(b) or approval of a license under section 351 of
        the Public Health Service Act.
    ``(d) Public Availability of Notice.--Notice respecting the
designation of a drug under subsection (b) shall be made available to
the public.
    ``(e) Regulations.--The Secretary shall by regulation promulgate
procedures for the implementation of subsections (a) and (b).

``SEC. 577. MARKET PROTECTION FOR CANCER DRUGS.

    ``(a) In General.--Except as provided in subsection (b), if the
Secretary approves an application filed pursuant to section 505 for a
drug designated under section 576 as a cancer drug, or if the Secretary
issues a license under section 351 of the Public Health Service Act for
such a drug, the Secretary may not approve another application under
section 505 or issue another license under section 351 of the Public
Health Service Act for such drug for a person who is not the holder of
such approved application or of such license until the expiration of
seven years from the date of the approval of the approved application
or the issuance of the license. Section 505(c)(2) does not apply to the
refusal to approve an application under the preceding sentence.
    ``(b) Exception.--If an application filed pursuant to section 505
is approved for a drug designated under section 576 as a cancer drug or
if a license is issued under section 351 of the Public Health Service
Act for such a drug, the Secretary may, during the seven-year period
beginning on the date of the application approval or of the issuance of
the license, approve another application under section 505 or issue a
license under section 351 of the Public Health Service Act for such
drug for cancer for a person who is not the holder of such approved
application or of such license if--
            ``(1) the Secretary finds, after providing the holder
        notice and opportunity for the submission of views, that in
        such period the holder of the approved application or of the
        license cannot assure the availability of sufficient quantities
        of the drug to meet the needs of persons with the cancer
        involved; or
            ``(2) such holder provides the Secretary in writing the
        consent of such holder for the approval of other applications
        or the issuance of other licenses before the expiration of such
        seven-year period.

``SEC. 578. OPEN PROTOCOLS FOR INVESTIGATIONS OF CANCER DRUGS.

    ``If a drug is designated under section 576 as a cancer drug and if
notice of a claimed exemption under section 505(i) or regulations
issued thereunder is filed for such drug, the Secretary shall encourage
the sponsor of such drug to design protocols for the drug which include
persons with the cancer involved who need the drug to treat the cancer
and who cannot be satisfactorily treated by available alternative
drugs.''.

SEC. 3. ABBREVIATED APPLICATIONS FOR NEW DRUGS; NONPATENT MARKET
              EXCLUSIVITY FOR CANCER DRUGS.

    Section 505(j)(5)(F)(ii) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(5)(F)(ii)) is amended--
            (1) by striking ``(ii)'' and inserting ``(ii)(I)''; and
            (2) by adding at the end the following subclause:
    ``(II) With respect to an application under subsection (b) for a
drug referred to in subclause (I), in any case in which the drug is for
use for cancer, the reference in such subclause to five years is deemed
to be ten years, the reference to four years is deemed to be eight
years, the reference to forty-eight months is deemed to be ninety-six
months, and the reference to seven and one-half years is deemed to be
twelve and one-half years.''.

SEC. 4. EXTENSION OF PATENT TERM ON CANCER DRUGS.

    Section 156(c) of title 35, United States Code, is amended by
adding at the end the following flush sentence:
``Paragraphs (2) and (3) shall not apply in the case of a drug approved
for use for cancer.''.

Summary: New War on Cancer Act - Allows the sponsor of a drug intended for use for cancer to request the Secretary of Health and Human Services to: (1) provide written recommendations for investigations which must be conducted before approval of a drug or before licensure of a biological product for use for cancer. And (2) designate such drug as a cancer drug before the submission of a request for approval or licensing. Requires the Secretary to designate such drug as a cancer drug if the drug is being or will be investigated for use for cancer. Prohibits the Secretary from approving another application or issuing another license for a designated cancer drug for a person who is not the holder of the approved application or license until the expiration of seven years, with certain exceptions. Requires the Secretary to encourage the sponsor of a designated cancer drug approved for investigational use to design protocols for the drug that include persons with the cancer involved who cannot be satisfactorily treated by alternative drugs. Extends the time during which an application for approval of drug with the same active ingredient as an approved cancer drug may not be approved. Excludes approved cancer drugs from time limits imposed on the maximum length of a patent.

To amend the Federal Food, Drug, and Cosmetic Act with respect to market exclusivity for cancer drugs, and to amend title 35, United States Code, to provide for the extension of the patent term on such drugs equal to the regulatory review period for such drugs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Consumer Access to Travel
Information Act''.

SEC. 2. NATIONAL COMMISSION TO ENSURE CONSUMER INFORMATION AND CHOICE
              IN THE AIRLINE INDUSTRY.

    (a) Findings.--The Congress finds the following:
            (1) The continued success of a deregulated airline system
        requires that consumers have full access to complete
        information concerning airline fares, routes, and other
        services.
            (2) The means of distributing information about the
        products and services of the airline industry are changing;
        during the past four years, airlines have begun selling a
        larger percentage of their products and services directly to
        consumers, and Internet businesses are now offering services
        that allow consumers to compare prices for these products and
        services.
            (3) Airline policies with respect to travel agencies, who
        historically have sold a majority of the airline industry's
        products and services, threaten the ability of consumers to
        gather the information necessary to evaluate market prices,
        routes, and services.
            (4) Further reductions in the number of travel agents and
        greater marketplace reliance on direct airline sales may result
        in a marketplace in which consumers lack sufficient information
        and are thereby forced to pay higher prices.
    (b) Establishment.--There is established a commission to be known
as the ``National Commission to Ensure Consumer Information and Choice
in the Airline Industry'' (hereinafter in this section referred to as
the ``Commission'').
    (c) Duties.--
            (1) Study.--The Commission shall undertake a study of--
                    (A) consumer access to information about the
                products and services of the airline industry;
                    (B) the effect on the marketplace of the emergence
                of new means of distributing such products and
                services;
                    (C) the effect on consumers of the declining
                financial condition of travel agents in the United
                States; and
                    (D) the impediments imposed by the airline industry
                on distributors of the industry's products and
                services, including travel agents and Internet-based
                distributors.
            (2) Policy recommendations.--Based on the results of the
        study described in paragraph (1), the Commission shall
        recommend to the President and Congress policies necessary--
                    (A) to ensure full consumer access to complete
                information concerning airline fares, routes, and other
                services;
                    (B) to ensure that the means of distributing the
                products and services of the airline industry, and of
                disseminating information about such products and
                services, is adequate to ensure that competitive
                information is available in the marketplace;
                    (C) to ensure that distributors of the products and
                services of the airline industry have adequate relief
                from illegal, anticompetitive practices that occur in
                the marketplace; and
                    (D) to foster healthy competition in the airline
                industry and the entry of new entrants.
    (d) Specific Matters To Be Addressed.--In carrying out the study
authorized under subsection (c)(1), the Commission shall specifically
address the following:
            (1) Consumer access to information.--With respect to
        consumer access to information regarding the services and
        products offered by the airline industry:
                    (A) The state of such access.
                    (B) The effect in the next 5 years of the making of
                alliances in the airline industry.
                    (C) Whether and to what degree the trends regarding
                such access will produce benefits to consumers.
            (2) Means of distribution.--With respect to the means of
        distributing the products and services of the airline industry:
                    (A) The state of such means of distribution.
                    (B) The roles played by travel agencies and
                Internet-based providers of travel information and
                services in distributing such products and services.
                    (C) Whether the policies of the United States
                promote the access of consumers to multiple means of
                distribution.
            (3) Airline reservation systems.--With respect to airline
        reservation systems:
                    (A) The rules, regulations, policies, and practices
                of the industry governing such systems.
                    (B) How trends in such systems will affect
                consumers, including--
                            (i) the effect on consumer access to flight
                        reservation information; and
                            (ii) the effect on consumers of the use by
                        the airline industry of penalties and
                        promotions to convince distributors to use such
                        systems, and the degree of consumer awareness
                        of such penalties and promotions.
            (4) Legal impediments to distributors seeking relief for
        anticompetitive actions.--The policies of the United States
        with respect to the legal impediments to distributors seeking
        relief for anticompetitive actions, including--
                    (A) Federal preemption of civil actions against
                airlines; and
                    (B) the role of the Department of Transportation in
                enforcing rules against anticompetitive practices.
    (e) Membership.--
            (1) Appointment.--The Commission shall be composed of 15
        voting members and 11 nonvoting members as follows:
                    (A) 5 voting members and 1 nonvoting member
                appointed by the President.
                    (B) 3 voting members and 3 nonvoting members
                appointed by the Speaker of the House of
                Representatives.
                    (C) 2 voting members and 2 nonvoting members
                appointed by the minority leader of the House of
                Representatives.
                    (D) 3 voting members and 3 nonvoting members
                appointed by the majority leader of the Senate.
                    (E) 2 voting members and 2 nonvoting members
                appointed by the minority leader of the Senate
            (2) Qualifications.--Voting members appointed pursuant to
        paragraph (1) shall be appointed from among individuals who are
        experts in economics, service product distribution, or
        transportation, or any related discipline, and who can
        represent consumers, passengers, shippers, travel agents,
        airlines, or general aviation.
            (3) Terms.--Members shall be appointed for the life of the
        Commission.
            (4) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
            (5) Travel expenses.--Members shall serve without pay but
        shall receive travel expenses, including per diem in lieu of
        subsistence, in accordance with subchapter I of chapter 57 of
        title 5, United States Code.
            (6) Chairman.--The President, in consultation with the
        Speaker of the House of Representatives and the majority leader
        of the Senate, shall designate the Chairman of the Commission
        from among its voting members.
    (f) Commission Panels.--The Chairman shall establish such panels
consisting of voting members of the Commission as the Chairman
determines appropriate to carry out the functions of the Commission.
    (g) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
    (h) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
section.
    (i) Other Staff and Support.--Upon the request of the Commission,
or a panel of the Commission, the Secretary of Transportation shall
provide the Commission or panel with professional and administrative
staff and other support, on a reimbursable basis, to assist the
Commission or panel in carrying out its responsibilities.
    (j) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be
kept confidential by such department or agency) necessary for the
Commission to carry out its duties under this section. Upon request of
the Commission, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
    (k) Report.--Not later than 6 months after the date on which
initial appointments of members to the Commission are completed, the
Commission shall transmit to the President and Congress a report on the
activities of the Commission, including recommendations made by the
Commission under subsection (c)(2).
    (l) Termination.--The Commission shall terminate on the 30th day
following the date of transmittal of the report under subsection (k).
All records and papers of the Commission shall thereupon be delivered
by the Administrator of General Services for deposit in the National
Archives.
    (m) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.

Summary: Improved Consumer Access to Travel Information Act - Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Sets forth the Commission's duties, including to: (1) study consumer access to airline industry information on products and services, the effect on consumers of the declining financial condition of travel agents in the United States, and the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. And (2) recommend, based on the study results, to the President and Congress policies necessary to ensure full consumer access to complete information concerning airline fares, routes, and other services, that the means of distributing the products and services of the airline industry is adequate to ensure that competitive information is available in the marketplace, and that distributors of such products and services have adequate relief from illegal, anticompetitive practices that occur in the marketplace. Requires the Commission to report to the President and Congress on the Commission's activities, including any recommendations made by it.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Oil Subsidy
Elimination for New Strategies on Energy Act'' or the ``Oil SENSE
Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF
                                  2005

Sec. 101. Termination of certain provisions of the Energy Policy Act of
                            2005.
                 TITLE II--SUSPENSION OF ROYALTY RELIEF

Sec. 201. Suspension of royalty relief.
Sec. 202. Renegotiation of existing leases.
           TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES

Sec. 301. Repeal of tax subsidies enacted by the Energy Policy Act of
                            2005 for oil and gas.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) record highs in oil and natural gas prices have
        resulted in record profits for oil and natural gas producers
        and refiners;
            (2) oil prices are projected to remain high for the
        foreseeable future;
            (3) the Department of the Interior estimates that as much
        as $66,000,000,000 worth of oil and natural gas taken from the
        deep waters of the Gulf of Mexico over the next 5 years will be
        exempt from Government royalty payments, which could amount to
        the Government losing an estimated $7,000,000,000 to
        $9,500,000,000 based on anticipated production and current
        price projections for oil and gas, according to an analysis in
        the 5-year budget plan of the Department of the Interior;
            (4) the chief executive officers of the top 5 oil companies
        stated at a November 9, 2005, joint hearing of the Committee on
        Energy and Natural Resource of the Senate and the Committee on
        Environment and Public Works of the Senate that their companies
        did not need the Federal tax incentives provided in the Energy
        Policy Act of 2005 (42 U.S.C. 15801 et seq.);
            (5) the Statement of Administration Policy of June 14,
        2005, on the energy bill that would become the Energy Policy
        Act of 2005 states, ``The President believes that additional
        taxpayer subsidies for oil-and-gas exploration are unwarranted
        in today's price environment, and urges the Senate to eliminate
        the Federal oil-and-gas subsidies and other exploration
        incentives contained in the bill.''; and
            (6) incentives for the energy industry should be focused on
        the development of renewable energy resources in the United
        States that will also promote, jobs, investment, innovation,
        and economic development in rural, agriculture-dependent areas.

TITLE I--TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF
                                  2005

SEC. 101. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF
              2005.

    (a) In General.--The following provisions of the Energy Policy Act
of 2005 are repealed as of the date of enactment of this Act:
            (1) Section 343 (42 U.S.C. 15903) (relating to marginal
        property production incentives).
            (2) Section 344 (42 U.S.C. 15904) (relating to incentives
        for natural gas production from deep wells in the shallow
        waters of the Gulf of Mexico).
            (3) Section 345 (42 U.S.C. 15905) (relating to royalty
        relief for deep water production).
            (4) Section 346 (Public Law 109-58; 119 Stat. 794)
        (relating to Alaska offshore royalty suspension).
            (5) Section 357 (42 U.S.C. 15912) (relating to
        comprehensive inventory of OCS oil and natural gas resources).
            (6) Section 362 (42 U.S.C. 15921) (relating to management
        of Federal oil and gas leasing programs).
            (7) Subtitle J of title IX (42 U.S.C. 16371 et seq.)
        (relating to ultra-deepwater and unconventional natural gas and
        other petroleum resources).
    (b) Termination of Alaska Offshore Royalty Suspension.--
            (1) In general.--Section 8(a)(3)(B) of the Outer
        Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is
        amended by striking ``and in the Planning Areas offshore
        Alaska''.
            (2) Effective date.--The amendment made by this subsection
        shall take effect as of the date of enactment of this Act.

                 TITLE II--SUSPENSION OF ROYALTY RELIEF

SEC. 201. SUSPENSION OF ROYALTY RELIEF.

    (a) In General.--Subject to subsection (c), the Secretary of the
Interior (referred to in this title as the ``Secretary'') shall suspend
the application of any provision of Federal law under which a person
would otherwise be provided relief from a requirement to pay a royalty
for the production of oil or natural gas from Federal land (including
submerged land) occurring after the date of enactment of this Act
during any period in which--
            (1) for the production of oil, the average price of crude
        oil in the United States during the 4-week period immediately
        preceding the suspension is greater than $34.71 per barrel; and
            (2) for the production of natural gas, the average wellhead
        price of natural gas in the United States during the 4-week
        period immediately preceding the suspension is greater than
        $4.34 per 1,000 cubic feet.
    (b) Determination of Average Prices.--For purposes of subsection
(a), the Secretary shall determine average prices, taking into
consideration the most recent data reported by the Energy Information
Administration.
    (c) Required Adjustment.--For fiscal year 2008 and each subsequent
fiscal year, each dollar amount specified in subsection (a) shall be
adjusted to reflect changes for the 1-year period ending the preceding
November 30 in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department of Labor.

SEC. 202. RENEGOTIATION OF EXISTING LEASES.

    (a) Requirement.--The Secretary shall renegotiate each lease
authorizing production of oil or natural gas on Federal land (including
submerged land) issued by the Secretary before the date of enactment of
this Act as the Secretary determines to be necessary to modify the
terms of the lease to ensure that a suspension of a requirement to pay
royalties under the lease does not apply to production described in
section 201(a).
    (b) Failure to Renegotiate and Modify.--Beginning on the date that
is 1 year after the date of enactment of this Act, a lessee under a
lease described in subsection (a) shall not be eligible--
            (1) to enter into a new lease described in that subsection;
        or
            (2) to obtain by sale or other transfer any lease issued
        before that date, unless the lessee--
                    (A) renegotiates the lease; and
                    (B) enters into an agreement with the Secretary to
                modify the terms of the lease in accordance with
                subsection (a).

           TITLE III--REPEAL OF CERTAIN ENERGY TAX INCENTIVES

SEC. 301. REPEAL OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005
              PROVIDING TAX SUBSIDIES FOR THE OIL AND GAS INDUSTRY.

    (a) Repeal of Election to Expense Certain Refineries.--
            (1) In general.--Subparagraph (B) of section 179C(c)(1) of
        the Internal Revenue Code of 1986 (relating to qualified
        refinery property) is amended by striking ``January 1, 2012''
        and inserting ``the date of the enactment of the Oil Subsidy
        Elimination for New Strategies on Energy Act''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to property placed in service after the date of the
        enactment of this Act.
    (b) Repeal of Treatment of Natural Gas Distribution Lines as 15-
Year Property.--
            (1) In general.--Clause (viii) of section 168(e)(3)(E) of
        such Code (relating to 15-year property) is amended by striking
        ``January 1, 2011'' and inserting ``the Oil Subsidy Elimination
        for New Strategies on Energy Act''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to property placed in service after the date of the
        enactment of this Act.
    (c) Repeal of Treatment of Natural Gas Gathering Lines as 7-Year
Property.--
            (1) In general.--Clause (iv) of section 168(e)(3)(C) of
        such Code (relating to 7-year property) is amended by inserting
        ``and which is placed in service before the date of the
        enactment of the Oil Subsidy Elimination for New Strategies on
        Energy Act'' after ``April 11, 2005,''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to property placed in service after the date of the
        enactment of this Act.
    (d) Repeal of New Rule for Determining Small Refiner Exception to
Oil Depletion Deduction.--
            (1) In general.--Paragraph (4) of section 613A(d) of such
        Code (relating to certain refiners excluded) is amended to read
        as follows:
            ``(4) Certain refiners excluded.--If the taxpayer or a
        related person engages in the refining of crude oil, subsection
        (c) shall not apply to such taxpayer if on any day during the
        taxable year the refinery runs of the taxpayer and such person
        exceed 50,000 barrels.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to taxable years beginning after the date of the
        enactment of this Act.
    (e) Repeal of Amortization of Geological and Geophysical
Expenditures.--
            (1) In general.--Section 167 of such Code (relating to
        depreciation) is amended by striking subsection (h) and
        redesignating subsection (i) as subsection (h).
            (2) Conforming amendment.--Section 263A(c)(3) of such Code
        is amended by striking ``167(h),''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to amounts paid or incurred after the date of the
        enactment of this Act.

Summary: Oil Subsidy Elimination for New Strategies on Energy Act or the Oil SENSE Act - Repeals provisions of the Energy Policy Act of 2005 relating to: (1) incentives for production from marginal oil wells. (2) incentives for natural gas production in the Gulf of Mexico, (3) royalty relief for deep water production, (4) Alaska offshore royalty suspension. (5) the inventory of Outer Continental Shelf oil and natural gas resources, (6) management of federal oil and gas leasing programs. And (7) ultra-deepwater and unconventional natural gas and other petroleum resources. Requires the Secretary of the Interior to: (1) suspend royalty relief for producers of oil or natural gas on federal lands during periods in which oil and natural gas production is at certain levels. And (2) renegotiate certain existing leases for oil and natural gas production on federal land. Repeals provisions of the Internal Revenue Code relating to: (1) the election to expense certain costs associated with liquid fuel refineries. (2) accelerated depreciation of natural gas distribution lines and natural gas gathering lines. And (3) accelerated amortization of geological and geophysical expenditures. Reduces the daily barrel production requirement applicable to small refiners eligible for the exemption from limitations on the oil and gas depletion allowance.

A bill to suspend royalty relief, to repeal certain provisions of the Energy Policy Act of 2005, and to amend the Internal Revenue Code of 1986 to repeal certain tax incentives for the oil and gas industry.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SCHIP Improvement Act of 1999''.

SEC. 2. LIMITED WAIVER OF CONFIDENTIALITY REQUIREMENT.

    Section 9(b)(2)(C)(iii) of the National School Lunch Act (42 U.S.C.
1758(b)(2)(C)(iii)) is amended--
            (1) in subclause (II), by striking ``and'' at the end;
            (2) in subclause (III), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(IV) a person directly connected with the administration
        of a State plan under title XIX of the Social Security Act (42
        U.S.C. 1396 et seq.) or a State child health plan under title
        XXI of that Act (42 U.S.C. 1397aa et seq.) for the purpose of
        identifying children eligible for benefits under, and enrolling
        children in, any such plan, except that this subclause shall
        apply with respect to the agency from which the information
        would be obtained only if the State and the agency so elect.''.

SEC. 3. DEMONSTRATION PROJECT.

    (a) In General.--Section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786) is amended by adding at the end the following:
    ``(q) Demonstration Project Relating to Use of WIC Funds for
Identification and Enrollment of Children in Certain Health Programs.--
            ``(1) In general.--The Secretary shall establish a
        demonstration project in not more than 40 local agencies in not
        fewer than 2 States under which costs of nutrition services and
        administration (as defined in subsection (b)(4)) shall include
        the costs of identification of children eligible for benefits
        under, and enrollment of children in--
                    ``(A) a State plan under title XIX of the Social
                Security Act (42 U.S.C. 1396 et seq.); and
                    ``(B) a State child health plan under title XXI of
                that Act (42 U.S.C. 1397aa et seq.).
            ``(2) Report on evaluation of costs.--Not later than 18
        months after the date of enactment of this subsection, the
        Comptroller General of the United States shall submit to
        Congress a report evaluating the costs associated with
        implementation of the demonstration project, including an
        evaluation of the Federal and State costs per child enrolled in
        a State plan described in paragraph (1).
            ``(3) Termination of authority.--The authority provided by
        this subsection terminates September 30, 2003.''.
    (b) Technical Amendments.--Section 17 of the Child Nutrition Act of
1966 (42 U.S.C. 1786)--
            (1) in subsection (b)(4), by striking ``(4)'' and all that
        follows through ``means'' and inserting ``(4) `Costs of
        nutrition services and administration' or `nutrition services
        and administration' means''; and
            (2) in subsection (h)(1)(A), by striking ``costs incurred
        by State and local agencies for nutrition services and
        administration'' and inserting ``costs of nutrition services
        and administration incurred by State and local agencies''.

SEC. 3. GRANTS FOR IDENTIFICATION AND ENROLLMENT EFFORTS.

    Section 12 of the National School Lunch Act (42 U.S.C. 1760) is
amended by adding at the end the following:
    ``(p) Grants for Identification and Enrollment Efforts.--
            ``(1) In general.--The Secretary shall make grants to
        States to carry out State plans to involve eligible entities
        described in paragraph (2) in the identification of children
        eligible for benefits under, and enrollment of children in--
                    ``(A) a State plan under title XIX of the Social
                Security Act (42 U.S.C. 1396 et seq.); and
                    ``(B) a State child health plan under title XXI of
                the Social Security Act (42 U.S.C. 1397aa et seq.).
            ``(2) Eligible entities.--An eligible entity referred to in
        paragraph (1) is--
                    ``(A) a school or school food authority
                participating in the school lunch program under this
                Act;
                    ``(B) an institution participating in the child and
                adult care food program under section 17;
                    ``(C) a local agency participating in the special
                supplemental nutrition program for women, infants, and
                children under section 17 of the Child Nutrition Act of
                1966 (42 U.S.C. 1786); or
                    ``(D) any other nongovernmental social service
                provider.
            ``(3) Use of funds for wic demonstration project.--The
        authorized uses of grant funds under this subsection shall
        include carrying out the demonstration project under section
        17(q) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(q)).
            ``(4) Funding.--Out of any moneys in the Treasury not
        otherwise appropriated, the Secretary of the Treasury shall
        provide to the Secretary to carry out this subsection
        $6,000,000 for each of fiscal years 2000 through 2003. The
        Secretary shall be entitled to receive the funds and shall
        accept the funds, without further Act of appropriation.''.

Summary: Amends NSLA to provide a limited waiver of a confidentiality requirement, for persons directly connected with the administration of a State plan for Medicaid or SCHIP, for the purpose of identifying children eligible for benefits under, and enrolling children in, any such plan. Makes such waiver applicable with respect to the agency from which the information would be obtained only if the State and the agency so elect. Amends CNA provisions for the special supplemental nutrition program for women, infants, and children to direct the Secretary of Agriculture to establish a demonstration project, in not more than 40 local agencies in not fewer than two States, under which costs of nutrition services and administration shall include the costs of identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Directs the Comptroller General to evaluate for Congress the costs associated with implementing such project, including Federal and State costs per child enrolled in such State plans. (Section 3(sic)) Amends NSLA to direct the Secretary to make grants to States to carry out State plans to involve eligible entities in the identification of children eligible for benefits under, and enrollment of children in, State plans for Medicaid and SCHIP. Provides that the following are eligible entities: (1) a school or school food authority participating in the school lunch program under NSLA. (2) an institution participating in the child and adult care food program under NSLA. (3) a local agency participating in the WIC program under CNA. Or (4) any other nongovernmental social service provider. Includes the WIC demonstration project established under this Act among authorized uses of such grant funds. Directs the Secretary of the Treasury to provide a specified amount of funds to the Secretary for each of FY 2000 through 2003. Entitles and directs the Secretary to accept such funds, without further Act of appropriation.

SCHIP Improvement Act of 1999